Res P-03-54RESOLUTION NO. P- 03-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-002,
A REQUEST TO CONSTRUCT A NEW LIGHTED TENNIS COURT
ON A RESIDENTAL LOT ON CYPRESS POINT
IN THE HERITAGE PLANNED COMMUNITY
ASSESSOR'S PARCEL NUMBER 277-210-01 and 02
WHEREAS, Minor Conditional Use Permit (MCUP) 03-002, was submitted by KM
Holdings LLC, Applicant, to allow th :a new lighted tennis court on a residential
lot located on Cypress Point in the Heritage Planned Community (PC) zone; and
WHEREAS, on September 2, 2003, 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 BE IT RESOLVED, by the City Council of the City of Poway,
California, as follows:
Section 1: The City Council finds that MCUP 03-002 is exempt from the I: ' ' :the
California E Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEQA Guidelines, in that it involves the construction of 'y
structure f ";~ single-family residence.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, to approve MCUP 03-002, to allow th ' a new lighted tennis court on a
residential lot on Cypress Point in the Heritage Planned Community, are made as follows:
The design of the proposed 1 't lighting will meet the required lighting type,
height limit, and operating hours; and will otherwise comply with all of the relevant
codes and standards of the City of Poway. The proposed ':lered to be an
allowable accessory use in the zone, with the approval of a Minor Conditional Use
Permit. Therefore, the proposed location, size, design, and operating ch
of 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 I d design of the proposed tennis court lighting will not gative
visual impact on surrounding properties as it will be set back from the property
boundaries, will utilize Iow impact lighting fixtures; and the light poles will be softened
by landscaping. Therefore, the location, size, design, and operating ch :
the proposed use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, or natural
C4
The light standards are limited in number and size, and the project is located on a large
site, surrounded by other large sites. Therefore, the harmony in scale, bulk, coverage,
and density of the project ' : with adjacent uses.
Resolution No. P-03-54
Page 2
D. There are public facilities, services, and utilities available.
The proposed lighting will be directed within the project boundaries and it will be
softened by landscaping to mitigate its visibility from the surrounding properties. The
lighting will further be shielded by screening on the tennis court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood ch
The project is located on a large parcel, which allows adequate setback
to the tennis court lighting, approximately 30 feet from the nearest exterior property
line. Therefore, th [able for the type and intensity of use or developmentthat
is proposed.
The project is limited in scope; therefore, there will be no significant harmful effects
up quality and natural
The proposed use is an allowable accessory use in the PC zone. Therefore, the
impacts, as described above, the proposed location, size, design, and operating
ch of the proposed use, and the conditions under which it would be
operated . ' -I, will not be detrimental to the public health, safety, or welfare,
ly injurious to properties or imp the vicinity, nor be contrary to
the adopted General Plan; and
That the proposed conditional uses will comply with each of the applicable
Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 03-002 for th : a new
lighted tennis court on a residential lot located on Cypress Point in the Heritage, Planned
Community zone, as shown on the plans dated July 18, 2003, subject to the following
conditions:
Approval of this MCUP shall apply only to the subject project and shall not waive
compliance 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 Covenant Regarding Real Property.
The use conditionally granted by this approvali shall not be conducted in such a manner
as to interfere with th ~le use and enjoyment of surrounding residential uses.
The conditions of MCUP 03-002 shall ~ect for the life of the subject tennis
court and t t lighting, and shall run with the land and be binding upon future
owners, heirs, and I ~ "the current property owner.
Resolution No. P-03-54
Page 3
Prior ( : a Grading Permit, the applicant shall comply with the following:
1. A grading plan for the project shall be prepared on a City of Poway standard
mylar at a scale of 1" = 20', and submitted along with a Grading Permit
application and applicable fees to the Development Services Department,
Engineering Division, for review and approval. A grading plan submittal
checklist is available at the Engineering Division front counter. ,~ ' '
the grading plan shall show the following:
All new slopes with 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum of 5-foot
setback from open si: :1 property lines. Buildings shall be
located at least 5 feet from tops and toes of slopes, 'J by the
Planning Division and/or the Engineering Division pdor t ~ a
Grading Permit.
b. A sei~
plan for I:
:sediment run-off during
All utilities (proposed and existing), together with their appurtenances
and associated Encroach : permitted upon any
easement without an approved Encroachment Agreement/Permit
Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
Finish grade and finish surface
court.
throughout the new tennis
All drainage imp
the t 't.
for proper conveyance of site drainage from
Top of wall and bottom of wall for any
Retaining walls shall be part of the Grading Permit.
· ' ;l walls·
All components of the tennis court/lighting installations (i.e. including
footings) are entirely outside tt~ : on-site.
A soils/geological report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted with
the grading plan,
A drainage study using the lO0-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable
of handling and disposing all surf *~hin the project site and all
surface water flowing onto the project site from adjacent lands. Said
Prior t
1.
Resolution No. P-03-54
Page 4
system shall include all easements required to propedy handle the
drainage. C I fl driveways are not permitted.
To ' 31lance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the
~ into the storm drain system. The SWPPP shall
include, but not be limited to, an effective method of hillside erosion and
sediment control, a desiltation basin that has a capacity of 3,600 cubic feet
of storage per acre drained, or designed to remove fine silt for a lO-year, 6-hour
:, a material storage site, to protect construcl'
from being exposed t ~', p ~ all storm d on-site
concrete truck wash and , and otb ~ Best Management
Practices to effectively eliminate pollutants from entering the storm drain
system. The applicant shall certify the SWPPP prior to approval of the grading
and improvement plans. The SWPPP may be incorporated with the erosion
control plan, but shall be under separate cover from the grading and
improvement plans.
The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
Grading securities in the form of a performance bond and a cash deposit, or a
letter of credit shall be posted with the City. A minimum $2,000 cash security is
required.
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 ord fect
at the time of Electrical/Building Permit issuance.
The site shall be developed in accordance with the approved site plan on file in
the Development Services Department and the conditions contained herein.
Grading of the lot shall be in accordance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City. All components of the tennis
court/lighting installations (i.e. including footings) are entirely outside the
easement on-site.
Erosion control, including, but not limited to, desiltation basins, using Best
Management Practices, shall be installed and I bythe developer. The
developer shall devices throughout ~
the project.
Rough grading of the tennis court pad is to be completed and shall meet the
approval of the City Inspector, including the submittal of the following:
Resolution No. P-03-54
Page 5
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report f
:1 approval by the City.
Prior to start of any work within City-held ' ~ht-of-way, a Right-of-
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit
issuance,
Pursuant to Section 17.30.020.C of the Poway Municipal Code, the applicant
shall submit lighting plans that reflect that the lighting will be shielded from the
adjacent properties to th : the Director of Development Services.
Pursuant to Section 17.30.020. D of the Poway Municipal Code, the building
plans shall depict, to th ~ the Director of Development Services,
that the surface area of 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 th ~ the Director of Development Services,
that the fencing, support posts, light poles, and fixtures will be painted a dark
non-ref! 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 shall depict, to th : the Director of Development Services,
that dense screening landscaping will be installed so as to soften the
apl: : the t ~ fencing and light poles.
10.
The building plans shall depict, to the of the Director of
Development Services, that lighting is on a timer of limited duration, designed to
prevent the lights from accidentally being left on.
11.
T 't fence/wall height shall not exceed 10 feet as required by Section
17.30 of the Poway Municipal Code. FencehNall height ' :1 from the
finished grade of the court surface. Light pole fixture height shall not exceed 18
feet. Lighting fixtures shall I: : 1,000-watt, high-l: :lium
lighting fixd :luired by Section 17.30 and shall I: :l for the life
of the projecL
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 condil' :1 herein. Afinal
inspection from the appropriate City Departments will be required.
Resolution No. P-03-54
Page 6
Drainage facilities, slope landscaping and protection
retaining walls shall be t, completed,
Engineering Inspector.
utilities, and
and inspected by the
An adequate drainage sy . :1 the tennis court pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
The developer shall repair, to the satisfaction of the City Engineer, any and all
damages to th :1 by :y from this project.
5. All proposed utilities within the project site shall be installed underground.
Record drawings, signed by the engineer of work, shall be submitted to the
Engineering Division prior to a request of occupancy, per section 16.52.130B of
the Grading Ordinance. Record drawings shall be submitted in a manner to
allow the City adequate time for review and approval prior to issuance of
occupancy and release of grading securities.
The applicant shall provide a certification by a lighting that all
lights and light fixtures have been designed, :1, mounted, and
:1 such that the light source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
~all certify that all light fixtures have been designed, :1,
mounted light shields installed, and :~ such that the
ill 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 G.7 of this plans shall be submitted to the Planning
Division cJ ";I modifications of the fixtures and/or landscal: ;3,
and/or tennis court fence screening necessary to be able to meet said
req Upon approval (if any) and on installation of said the
applicant shall call for a follow-up final inspection,
Should the lighting : be able to certify the installation pursuant to
Conditions G.7 and G.8 above, the approval granted herein shall be revoked
and the lighting fixtures and light poles shall be removed.
Upon installation of the tennis court and tennis court lights, pursuant to MCUP 03-002,
the following shall apply:
Pursuant to Section 17.30.020.C.3, the t "t lighting shall be used only
between 7:00 a.m. and 10:00 p.m.
Resolution No. P-03-54
Page 7
The required landscaping has been installed between the tennis court fence and
the property line, and said landscaping shall be :t in a flourishing
manner, to th ~ : the Director of Development Services.
The light standards are limited in number; size, height, and light shields, which
shall meet the requirements for shielding the light fixtures. TI' height
of lights shall not exceed 18 feet from grade. The applicant shall comply with
the required maximum 1,000-watt, high-pressure sodium lighting fixtures
pursuant to Section 17.20.020.G, and shall I: -I to th :
the Director of Development Services.
Section 4: The approval of MCUP 03-002 shall expire on September 2, 2005, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued, and the property
the MCUP approval h 'J prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 2nd day of September 2003.Mich~' ~~~~~o
ATTEST:
Peoples, City Clerk
Resolution No. P- 03-54
Page 8
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. 03-54 , was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of September 2003, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: HIGGINSON
ABSTAIN: NONE
ABSENT: NONE
or~ ~Ann: Pe~oples,
City of Poway
City Cl~rk