Res P-99-35RESOLUTION NO. P-99-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99-01
ASSESSOR'S PARCEL NUMBER 321-191-23
WHEREAS, Minor Conditional Use Permit 99-01, submitted by Pacific Bell Wireless,
Applicant, for the purpose of erecting :ions 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; and
WHEREAS, pursuant to G : Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I; that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Minor Conditional Use Permit 99-01 is exempt under the
p ' ' : the California E Quality Act, Class 3, a small facility or
structure.
The approved project' with the general plan in that semi-public
1' 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, structures, 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, and is only slightly greater in height than the GTE Mobilnet and
adjoining AirTouch Cellular facility, and can be screened from view by
landscaping.
Resolution No. P- 9 9- 3 5
Page 2
4. That th ~le 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 licle trips will be minimal.
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
lion 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 ;]
o
That there will not be significant harmful effects upon Iai 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
ision:
The City Council hereby approves MCUP 99-01 subject to the following conditions:
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.
: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 uses.
This minor conditional use permit shall be subject to annual review by the
Director of Development Services for compliance with the conditions of
approval and to add that may h :1 during the past
year. If the permit is not in compliance with the conditions of approval, or the
Development Services Department h :l complaints, the required
annual review shall be set for a public hearing before the City Council, to
consider modificat' :the use permit.
Resolution No. P-9 9 - 3 5
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein.
Revised site plans and building elevat' )orating all conditions of approval
shall be submitted to the Development Services Department prior to ' ;
building permits. If technical interference with the existing t :ion
facility on the site is d -1 to sh 31e impact, a revised site plan
shall be submitted to th =the Director of Development Services prior
to building permit issuance.
Approval of this request shall not
Ordinance and all other applicable City Ord
permit issuance.
31lance with all "the Zoning
effect at the time of building
The applicant shall particil:'
easement,
;~reement for the said private
This approval shall b I and void if building I;
project within two years from the date of project approval.
issued for this
=-NTS
Complete landscape construction d ~all be submitted to and approved
by the prior to the issuance of building
permits. Plans shall be prepared in accordance with City of Poway Guide to
Landscape Req ,, (latest edition).
A Master Plan of the existing on-site trees shall be provided to the Development
Services Department prior to th = building permits and prior to grading,
to d .fich trees shall be retained. The addition of fast growing evergreen
trees shall be required to provide a backdrop to the new antennas and effect
screening within a two-three year period.
Existing on-site trees shall be retained wherever possible and shall be :1
in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous
trees shall be approved 1' at the d' = the Development Services
Department during th I the Master Plan of existing on-site trees. Living
Resolution No. p_99 - 35
Page 4
trees which are approved 1' shall be replaced on a t
required by the Development Services Department.
basis as
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall I: ;~ed and allowed to retain
a natural form. Pruning should be restricted 1 the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
APPROVED and ADOPTED b~__~!ty Counc~i~ of t~.h.e c~Lt~f,,ef~oway,
California, this 4th day of May, 1999. ~~~
Robert C. Emery, Dep~/~l~yor
ATTEST:
Lod Anne Peoples, City
State of
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 99- 35 was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of May, 1999, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT:
CAFAG~_
Lori Anne Peoples, C~ty Clerk
City of Poway