Res P-01-58RESOLUTION NO. P-01-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 01-002
ASSESSOR'S PARCEL NUMBER 277-202-20
WHEREAS, MCUP 01-002, submitted by Kristyn and Jeromy Burnitz, applicants,
requests a Minor Conditional Use Permit to allow the installation of 8 lights to an approved
tennis court on a residential lot in the Planned Community (PC) zone. A Minor
Development Review (MDRA) 01-041 was approved for a single-family residence,
guesthouse, and tennis court on June 27, 2001. The subject property is located at 18520
Old Coach Way; and
WHEREAS, on November 13, 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
follows:
Section 1: The City Council finds that Minor Conditional Use Permit 01-002 is
Categorically Exempt from the provisions of the California E Quality Act,
pursuant to Section 15301(a) Class 1 exemption, in that the proposed installation is a
minor alteration to an approved single-family resid ' ~3 electrical equipment.
Section 2: The finding Jance with Section 17.48.070 of the Poway Municipal
Code to approve a Minor Conditional Use Permit for MCUP 01-002, to install 8 lights, a
: 18 feet in height, to an approved tennis court on a residential lot at 18520 Old
Coach Way in the PC zone, are made as follows:
A=
The design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours, and will oth 31y 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
ch ~the proposed lance 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 :ling properties since it will be set back from the
property boundaries, it will utilize Iow impact lighting t :l 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].-58
Page 2
The lig in :1 size, and the p
3.07-acre site bordered by Bryce Point and Old Coach Way. Therefore, the
harmony in scale, bulk, coverage, and density of the project is consistent with
adjacent uses.
There are public facilities,
utilities available.
The proposed lighting will be directed to within the project boundaries, and 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 triangular 3.07-acre parcel with the tennis court in the
upper corner of the property at a elevation lower than the surrounding properties
with a setback greater than 25 feet from Old Coach Way (to the east), over 30 feet
from Bryce Point (to the north), and steep slope rising 55 feet to the west, allowing
adequate setback for the tennis court lighting. The nearest residence is located
over 500 feet to the southeast. 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
Ul: 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 01-002 forthe installation of tennis
court lights at an approved single-family residence at 18520 Old Coach Way in the Planned
Community Zone, as shown on the plans dated July 25, 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' effect at the time of Building Permit issuance.
Resolution No. P- 01-58
Page 3
W .Cs of the d 3proval: (1) the applicant shall sub ~1
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 01-002 shall remain in effect for the life of the subject
project and shall run with the land and be binding upon fut
heirs, and t ~ ~the current property owner.
MCUP 01-002 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, ~ · :1, mounted, and
:1 such that the light l off when viewed from any point
above 5 feet measured at 10 feet from the edge of the court. The lighting
contractor shall also certify that all light fixtures have been designed and
:1, and the mounted light shields have been 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
Resolution No. P- 0].-58
Page 4
req Upon approval (if any) and an
the applicant shall call for a follow-up final inspection.
Should the lighting contractor not be able to certify the installation 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 i' :1 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, landscape
plans shall depict, to the satisfaction of the Director of Development
Services, that the slopes to the north and east of the 1: ~ts shall be
planted with dense, fast growing evergreen trees and shrubs to screen the
tennis court and a minimum of one fast-growing evergreen tree will be
located to screen each light pole.
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 01-002, 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.
Resolution No. P-03.-58
Page 5
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 9ection t7.20.020.G, shall be maintained to the satisfaction
of the Director of Development Services.
Section 4: The approval of MCUP 01-002 shall expire on November 13, 2003, at 5:00
p.m. unless, prior to that time, a Building Permit has b -I and const 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 13th day of November 2001.
ATTEST:
~n~: P~eoples, C'~y C[~
Mich~yo'~r
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-01-58 , was duly adopted by the
City Council at a meeting of said City Council held on the 13th day of November 2001, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, H][G6ZNSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ori A~n~e P~eeoples, ?'~ ~'~
C~ y (~le~rk
City of Poway