Res P-97-27 RESOLUTION NO. P-97-27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 97-02
ASSESSOR'S PARCEL NUMBER 321-191-23
WHEREAS, Minor Conditional Use Permit 97-02, submitted by GTE Mobilnet,
Applicant, for the purpose of erecting a cellular I facility at 14264 Tierra
Bonita Road, at the top of Kent Hill; and
WHEREAS, the City Council has read and considered the application and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby follows:
The City Council finds that Minor Conditional Use Permit 97-02 will not result in any
significant impact on the l and hereby issues a Negative Declaration
with Mitigation Measures.
1,
The approved project' : with the general plan in that semi-public
facilities are permitted to be located in all zones if regulated by a conditional
use permit.
That the location, size, design, and operating characteristics of the project
will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, or natural
in that the facility will be located on the north side of Kent Hill,
which is distant from any adjoining homes. The facility is self-contained and
needs minimal resulting in very few vehicle trips per year.
That the harmony in scale, bulk, coverage, and density is compatible with
adjacent uses, in that the facility will not exceed the height of a single-family
home, nor the height of an adjoining AirTouch Cellular facility, and can be
screened from view by landscaping and an arbor.
That th ale public 1'
:1 utilities for the project.
That there will not be harmful effect upon desirable neighborhood
ch in that servicing of the facility will not be required more than
once per month, th 3icle trips will be minimal.
Resolution No. P- 97-27
Page 2
That the generation of traffic will not adversely impact surrounding streets
and/or the City's Circulation Element, as stated in #5 above.
That the site is suitable for the type and intensity of the use, in that it is an
elevated site which provides adequate line of sight for the operation of
t broadcast and receiving activities. The top of the hill is
level and large enough I 'late the facility, as well as the installation
of adeq ' 3 materials.
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That there will not be significant harmful effects upon quality
and natural in that the area proposed for installation is a cleared
area which is completely disturbed.
9. That th :h
be mitigated.
:negative impacts of the project which cannot
The City Council hereby approves MCUP 97-02 subject to the following conditions:
1=
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall execute a Covenant on Real Property.
TI; `litionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and uses.
This minor conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of approval
and to add that may h `l during the past year. If the
permit is not in compliance with the conditions of approval, or the Planning
Services Department has received complaints, the required annual review
shall be set for a public hearing before the City Council, to consider
modifica1' ~,ion of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
Resolution No. P- 97-27
Page 3
1.
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Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condit' -I herein.
Revised site plans and building ~orating all conditions of approval
shall be submitted to the Planning Services Department prior 1= building
permits. If technical interference with the existing 1 facility on the
site is documented to show measurable impact, a revised site plan shall be
submitted to the ' ' I the Director of Planning Services prior to building
permit issuance.
Approval of this request shall not ~liance with all =the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
The applicant shall restore th I to its original condition following
I the facility and shall participate in a road maintenance agreement
for the said p ' l.
This approval shall I: II and void if building I~
project within two years from the date of project approval.
: issued for this
Complete landscaF documents shall be submitted to and approved
by the prior to the ' [ building permits.
Plans shall be prepared in accordance with City of Poway Guide to Landscape
Requirements (latest edition).
A Master Plan of the existing on-site trees shall be provided to the Planning
Services Department prior to th ~ building permits and prior to grading,
to d ~ich trees shall be retained.
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Existing on-site trees shall be retained wherever possible and shall be maintained
in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous
trees shall be approved for removal at the discretion of the Planning Services
Department during th ! the Master Plan of existing on-site trees. Living
trees which are approved 1' shall be replaced on a I basis as
required by the Planning Services Department.
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All landscaped areas shall be :t in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall b ;led and allowed to retain
a natural form. Pruning should b :11 the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
Resolution No. P- 97-27
Page 4
Existing building(s) shall be made to comply with current building and zoning
regulations, namely sheds, :1 or they shall be demolished,
prior to building permit issuance for this project. (A demolition permit is required).
All existing :1 trash and debris shall be removed prior to issuance of
building permits on the project.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of May, 1997.
ATTEST:
Don Higginson, Mayor
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) ss.
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I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No P-97-27 . was duly
adopted by the City Council at a meeting of said City.Council held on the 20th day
of May 1997, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
Marjorie K. Wahlsten, City Clerk
City of P. oway