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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