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Res P-99-87RESOLUTION NO. P- 99-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 99-10 ASSESSOR'S PARCEL NUMBER 277-202-01 WHEREAS, Minor Conditional Use Permit 99-10, submitted by Greg Agee, Applicant, is a request for approval to install eight lights to a recently approved tennis court which is to be constructed l lot located at 18515 Old Coach Way within the Old Coach Planned Community zone; and WHEREAS, on December 14, 1999, the City Council held a hearing on the above referenced item. WHEREAS, pursuant to G I 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 b that complies with Section 66020. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that this project is not subject to the Califomia E Quality Act in that it is categorically exempt (Class 3) because a lighted tennis court is considered to be an accessory use to a single-family home. Section 2: Findir The approved project is consistent with the General Plan in that a lighted tennis court is considered to be an accessory use for a single-family residence in the Planned Community (PC) zone. The approved development will not have ad ~hetic, health, safety, or architecturally-related impacts upon adjoining properties, in that the landscape installation, lighting design, and court materials will allow the tennis court to be compatible with and screened 1' :ling properties. The approved development is in compliance with the Zoning Ordinance, in that it complies with lighting standards, and all other property development standards of the Planned Community (PC) zone. Resolution No. P- 99-87 Page 2 The approved development encourages the orderly and h apl: : structures and property within the City, in that all surrounding prol: :ler th ;I designation as the subject lot and are to be developed as single-family residences. There will not be significant harmful effects ul: quality and natural ' that the project is considered an accessory to a single- family residence, and conditions of approval for the project requiring landscal; ' ;] and limited hours of operation for the tennis court lights will mitigate potential negative impacts. The City Council hereby approves Minor Conditional Use Permit 99-10 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. Th :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 recreational uses. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES, PLANNING DIVISION. SITE DEVELOPMENT The site shall be developed in accordance with the approved site plans on file in the Development Services Department, Planning D :lthe condir ~ ' :1 herein. Revised site plans and building incorporating all conditions of approval shall be submitted to the Development Services Department, Planning Division, prior t I building permits. Approval of this request shall not Ord' J all other applicable City Ord' permit issuance. ~liance with all sections of the Zoning =[ect at the time of building = = = = = t Resolution No. P- 99- 87 Page 3 The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord' ~ect at the time of building permit issuance. This approval shall become null and void if building I: project within two years from the date of project approval. : issued for this A ~eight lights shall be permitted of a height not to exceed 18 feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: Be designed, :1, mounted, and maintained such that the light l off when viewed from any point above five feet measured at ten feet from the edge of the court. bo Be designed, ' :1, mounted, and :1 such that th illumination intensity measured at the property line shall not exceed one-half candle foot above ambient levels. Said certification shall be provided to the Development Services Department, Planning Division, prior to th : permit for the tennis court lighting. d. Light I :ricted to 1,000-watt, high-p :tium. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. A landscape and irrigation plan for the area between the tennis court fence and property line shall be submitted to the Development Services Department, Planning Division, for review and approval prior to the ' : a building permit for the tennis court lights. The landscaping shall consist of fast-growing, everg 3y type trees, planted one each adjacent to light poles as to o1: ~the poles and lights from neighborhood properties. D ' ~ planting is required to be installed in the setback area adjacent to the outside of the court fencing, to the : the Director of Development Services. Installation of all landscaping and irrigation shall occur prior to final inspection. The surface area of the court shall be painted a color that reduces the reflection from any light incident thereon. 10. The applicant shall comply with all tennis-court related conditions for M DRA 99-127. Resolution No. P-99-87 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 14th day of December 1999. ATTEST: ne Peoples, City 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- 99-87 was duly adopted by the City Council at a meeting of said City Council held on the 14th day of December 1999 and that it was so adopted by the following vote: AYES: GOLDBY, EMERY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: ABSENT: NONE HIGGINSON ~--' ~ ' Peoples, City Clerk L~ri~nne~t, T~'~ City of Poway