Res P-01-35RESOLUTION NO. P- 01-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 01-001
ASSESSOR'S PARCEL NUMBER 277-202-08,09
WHEREAS, MCUP 01-001 submitted by Jerry and Patti Simonsen, applicants,
requests a Minor Conditional Use Permit to allow the installation of 8 lights to an approved
tennis court on a residential let in the Planned Community (PC) zone. A Minor
Development Review (MDRA) 00-127 was approved for a single-family residence,
guesthouse, and tennis court on January 24, 2001. The subject property is located at
14105 Biscayne Place, and
WHEREAS, on July 10, 2001, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application, and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Minor Conditional Use Permit 01-001 is
Categorically Exempt from the provisions of the California E Iai Quality Act,
pursuant to Section 15301(a) Class 1 exemption, in that the proposed installation is a
minor alteration to an approved single-family residence, involving electrical equipment.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code to approve a Minor Conditional Use Permit for MCUP 01-001, to install 8 lights to an
approved tennis court on a residential lot at 14105 Biscayne Place in the PC zone are
made as follows:
The design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours; and will oth aly with all of the relevant
codes and standards of the City of Poway. The proposed ':lered to be
an allowabl 'y use in the PC zone, with the approval of a Minor Conditional
Use Permit. Therefore, the proposed location, size, design, and operating
characteristics of the proposed Jance with the title and purpose of
Section 17.48.070, the purpose of the zone in which the site is located, the City
General Plan, and the development policies and standards of the City.
The location and design of the proposed tennis court lighting will not create a
negative visual impact on surrounding properties since it will be set back from the
property boundaries; it will utilize Iow impact lighting f' d 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-0].-35
Page 2
The light standards are limited in number and size, and the p :1 on a
2.6-acre site bordered by the Maderas Golf Course. Therefor'e, the harmony in
scale, bulk, coverage, and density of the p [ with adjacent uses.
D. There are public facilities,
:1 utilities available.
The proposed lighting will be directed to within the project boundaries and it will be
softened by landscaping to mitigate its visibility from the surrounding properties.
Therefore, there will be no harmful effects upon desirable neighborhood
characteristics.
The project is located on a large a 2.6-acre parcel, greater than the surrounding
minimum one-acre residential sites, which allows adequate setback to the tennis
court lighting. Therefore, the site is suitable for the type and intensity of use or
development that is proposed.
The project is limited in scope; therefore there will be no significant harmful effects
up Iai quality and natural
The proposed use is an allowable use in the PC zone. Therefore, the impacts as
described above, the proposed location, size, design and operating characteristics
of the proposed use, and the conditions under which it will be operated or
maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity, nor be contrary to
the adopted General Plan; and
That the proposed conditional uses will comply with each of the applicable
p ' ' 'Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 01-001 for the installation of 8
tennis court lights at an approved single-family residence at 14105 Biscayne Place in the
Planned Community Zone, as shown on the plans dated April 16, 2001, subject to the
following conditions:
Approval of this MCUP request shall apply only to the subject project and shall not
~liance with all :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.
C=
Resolution No. P- 0].-35
Page 3
The use conditionally granted by this approval shall not be in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
The conditions of MCUP 01-001 shall remain in effect for the life of the subject
project and shall run with the land and be binding upon fur
heirs, and t ~ ~ the current property owner.
MCUP 01-001 may be subject to annual review as determined by the Director of
Development Services, for compliance with the conditions of approval and to
add that may have been raised during the prior year.
The applicant shall obtain a Building Permit prior to installation of the t rt
lights. Prior to issuance of a 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, the applicant shall submit lighting plans
that show the lighting shielded from the adjacent properties and that the
court will be designed, painted, colored and/or textured to reduce the
reflection from any light falling on it to the satisfaction of the Director of
Development Services.
The applicant shall provide a certification by a lighting contractor that all
lights and light fixtures have been designed, constructed, mounted, and
maintained such that the light I off when viewed from any point
above five feet measured at 10 feet from the edge of the court. The lighting
contractor shall also certify that all light fixtures have been designed,
:l, and the mounted light shields installed and maintained such that
the illumination intensity measured at the property line shall not
exceed one half foot candle above ambient light levels.
Should the lighting contractor not be able to certify the installation pursuant
to Condition F.3. above, plans shall be submitted to the Planning Division
demonstrating modifications of the fixtures and/or landscape screening,
and/or tennis court fence screening necessary to be able to meet said
req Upon approval (if any)and an installation of said
the applicant shall call for a follow-up final inspection.
Resolution No. P-0~.-35
Page 4
Should the lighting be able to certify pursuant
to Condition F.3. above, regardless of any approved modifications to the
lighting fixtures and court design, the approval granted herein shall be
revoked and the lighting fixtures and light poles shall be removed.
Pursuant to Section 17.30.020.E. of the Poway Municipal Code, the building
plans shall depict, to the satisfaction 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 satisfaction of the
Director of Development Services, that a minimum of one fast-growing
evergreen tree will be added for each light pole and that a mixture to
evergreen trees and shrubs shall be planted to screen the tennis court.
The building plans shall depict, to the satisfaction 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 and
automatically set to turn off the lights at 10:00 p.m.
Prior to obtaining a final inspection on the Building Permits, the applicant shall
comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City departments will be required.
Upon installation of the tennis court lights, pursuant to MCUP 01-001, the following
shall apply:
Pursuant to Section 17.30.020.C.3, the tennis court lighting shall be used
only between 7:00 a.m. and 10:00 p.m.
The required landscaping has been installed between the tennis court fence
and the property line and said landscaping shall be maintained in a
flourishing manner, to the satisfaction of the Director of Development
Services.
The tennis court and lighting fixture finishes, and any shielding of the light
fixtures required under this Resolution pursuant to Section 17.30.020 of the
Poway Municipal Code, as well as the required 1,000 wattage
fixture pursuant Section 17.20.020.G shall b
of the Director of Development Services.
Resolution No. P- 01-35
Page 5
:1 to th
Section 4: The approval of MCUP 01-001 shall expire on July 10, 2003 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 10th day of July 2001.
ATTEST:
Michael P. Cafagn
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-01-35 , was duly adopted by the
City Council at a meeting of said City Council held on the 10th day of July 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
N:\cit~ res.doc
-Lofi Anne Peoples, City Cl~rk
City of Poway