Res P-00-84RESOLUTION NO. P- 00-84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 00-005
ASSESSOR'S PARCEL NUMBER 278-461-25
WHEREAS, MCUP 00-005, submitted by Victor Matsuda, applicant, requests a
Minor Conditional Use Permit to add eight light poles to an existing tennis court on a
residential lot in the Rural Residential C zone at 14233 Harrow Place; and
WHEREAS, on October 17, 2000, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
: The City Council finds that Minor Conditional Use Permit 00-005 is
Categorically Exempt from the provisions of the California E Quality Act,
pursuant to Section 15303(e), Class 3 exemption, in that it is a minor alteration to an
existing single family residence, involving electrical equipment.
ion 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code for MCUP 00-005 to add eight light poles 1 ' 31 ~[ on a residential
lot at 14233 Harrow Place in the RR-C zone, are made as follows:
Ao
The design of the proposed project lighting will meet the required lighting type,
height limit, and operating hours, and it will otb 31y with all of the relevant
codes and standards of the City of Poway. The proposed use is considered to be
an allowable accessory use in the RR-C zone, with the approval of a Minor
Conditional Use Permit. Therefore, the proposed location size, design and
operating ch ' ' of the proposed use are in accord with the title and
purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the
zone in which the site is located, the City's General Plan and the development
policies and standards of the City.
B=
The location and design of the proposed tennis court lighting will not create a
negative visual impact -ling properties since it will be set back from the
property boundaries, it will utilize Iow impact lighting fixtures, and the light poles will
be softened by landscaping. Therefore, the location, size, design and operating
characteristics of the proposed use will be compatible with, and will not adversely
affect or be materially detrimental to, adjacent uses, residents, buildings, structures
or natural
Resolution No. P- 00-84
Page 2
Co
The light standards are limited in number and size, and the project is located on a
large lot. Therefore, the harmony in scale, bulk, coverage and density of the project
t with adjacent uses.
D. There are public facilities,
~ ul 31e.
Eo
The lighting will not fall beyond the property boundaries and it will be softened by
landscaping to mitigate its visibility from the surrounding properties. Therefore,
there will not be a harmful effect upon desirable neighborhood characteristics.
The project will not increase treffic. Therefore, the generetion of traffic will not
adversely impact the capacity and physical character of surrounding streets and/or
the Circulation Element of the General Plan.
Go
The project is located on a large lot (ch ' ,' of its neighborhood), which
allows adequate setback of lighting from adjacent properties to meet the lighting
requirements as specified in Section 17.30.020 of the Poway Municipal Code.
Therefore, th 31e for the type and intensity of use or development which
is proposed.
The project is very limited in scope; therefore, there will not be significant harmful
effects Ul: quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
Jo
The lighting will be set back from the property boundaries, it will utilize Iow impact
lighting fixtures which will not spread beyond the property boundaries, and the
lighting and light poles will be softened by landscaping. The proposed use is an
allowabl ¥ use in the RR-C zone. Therefore, the impacts, as described
above, and the proposed location, size, design and operating ch I the
proposed use and the conditions under which it would be operated :1
will not be detrimental to the public health, safety or welfare, or materially injurious
to properties or imp the vicinity nor be contrary to the adopted General
Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 00-005 to add eight 18-foot-high
light poles I ,3 tennis at a single-family residence at 14233 Harrow Place in the
RR-C zone, subject to the following conditions:
C=
Resolution No. P- 00-84
Page 3
Approval of this MCUP request shall apply only to the subject project and shall not
31lance with all sections of the Zoning Ordinance and all other applicable
City ord' :[ect at the time of building permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and (2) the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
The conditions of MCUP 00-005 shall remain in effect for the life of the subject
tennis court lighting and shall run with the land and be binding upon fu!
heirs, and ! I the current property owner.
The conditions of MDRA 00-46 shall be complied with.
Prior
Building Permit the applicant shall comply with the following:
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
Pursuant to Section 17.30.020.D. of the Poway Municipal Code, the building
plans shall depict, to the of the Director of Development
Services, that the surf : the court will be designed, painted, colored
and/or textured to reduce the reflection from any light falling on it.
Pursuant to Section 17.30.020.E. of the Poway Municipal Code, the building
plans shall depict, to the of the Director of Development
Services, that the fencing, support posts, light poles and fixtures will be
painted a dark nonreflective color so as to reduce their overall visibility.
Vinyl-coated chain link fencing with fence and light poles painted to match
is acceptable.
Pursuant to Section 17.30.020.F. of the Poway Municipal Code, the building
plans (or separate landscape plans) shall depict, to the of the
Director of Development Services, that a minimum of one fast-growing,
everg 3y-type tree will be added for each light pole, situated so as
to soften the aPl: I the pole.
Ho
Resolution No. P-00-84
Page 4
The building plans shall depict, to the of the Director of
Development Services, that the lighting is on a timer of limited duration,
designed to prevent the lights from accidentally being left on.
The applicant shall submit to the Planning D' ' ' ~ort conducted by the
lighting contractor demonstrating the existing ambient lighting. The
~all be taken in foot-candles und :~itions at
a height of five feet measured at ten feet from all edges of the t rt.
This report will form the basis of the required certification after installation
(see Condition G-1 below).
Pdor to use of the tennis court lights, the applicant shall comply with the following:
Pursuant to Section 17.30.020.C. of the Poway Municipal Code, the
applicant shall submit a certification by the lighting contractor that all lights
and light fixtures have been designed, ~, mounted, and
maintained such that the light I off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
contractor shall also certify that all lights and light fixtures have been
designed, :1, and mounted light shields installed and~ ' :1
such that the illumination intensity measured at the property line
shall not exceed one-half foot-candle above the ambient light levels
established by the report referenced in Condition F-6 of this Resolution.
Should the lighting contractor not be able to certify the installation pursuant
to Condition G-1 of this Resolution, plans shall be submitted to the Planning
Division demonstrating modifications of the fixtures, and/or landscape
screening, and/or tennis court fencing screening necessary to be able to
meet said req to the satisfaction of the Director of Development
Services. Upon approval (if any) and installation of said the
applicant shall call for a follow-up final inspection.
Should the lighting contractor, regardless of any approved modifications to
the lighting fixtures and court design, not be able to certify the installation per
Condition G-1 of this Resolution, the approval granted herein shall be
revoked and the light poles and fixtures shall be removed.
Upon establishment of the tennis court lights, pursuant to MCUP 00-005, the
following shall apply:
Pursuant to Section 17.30.020.C.3. of the Poway Municipal Code, the tennis
court lighting shall be used only between 7:00 a.m. and 10:00 p.m.
Resolution No. P-00-84
Page 5
The required landscaping which has been installed between the fence and
property line and in the setback area adjacent to the outside of the court
fencing, pursuant to Section 17.30.020.F. of the Poway Municipal Code,
shall b ~ in a flourishing manner to th ' ' :the Director
of Development Services.
The court and fixture finishes, any shielding of the light fixtures required
under these conditions (pursuant to Section 17.30.020 of the Poway
Municipal Code), as well as the required 1,000-wattage fixtures,
shall I: ' ~ for the life of the court and fixtures, to the sat
the Director of Development Services.
Section 4: The approval of MCUP 00-005 shall expire on October 17, 2002 at 5:00 p.m.
unless prior to that time a building permit has been issued and construction on the property
in the MCUP approval h :1 prior to its expiration.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of October 2000.
ATTEST: Mich~
nne
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
Resolution No. P- 00-84
Page 6
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-00-84 was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of October 2000, and
that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
Peoples, City Clerlt
City of Poway