Res P-04-33
RESOLUTION NO. P-04-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-02,
A REQUEST TO INSTALL BASKETBALL COURT LIGHTS
ON LOT 26, A RESIDENTAL LOT LOCATED AT
18755 HERITAGE DRIVE IN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-26
WHEREAS, Minor Conditional Use Permit (MCUP) 04-02, was submitted by LaDainian
Tomlinson, Applicant, to permit the installation of basketball court lights on Lot 26, a
residential lot located at 18755 Heritage Drive in the Heritage II development within the Rural
Residential A (RR-A) zone; and
WHEREAS, on May 4,2004, 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, as
follows:
Section 1: The City Council finds that MCUP 04-02 is exempt from the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant
to Section 15303 of the CEQA Guidelines, in that it involves the construction of an accessory
structure for an existing single-family residence.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, to approve MCUP 04-02, to permit the installation of basketball court lights on Lot 26, a
residential lot at 18755 Heritage Drive in the Heritage II development within the RR-A zone,
are made as follows:
A. The design of the proposed basketball court 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 use is considered 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 characteristics
of the proposed use are in accordance 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.
B. The location and design of the proposed basketball court lighting will not create a
negative visual impact on surrounding properties as it will be set back from the property
boundaries, will utilize low impact lighting fixtures with shielding; 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
resources.
Resolution No. P-04-33
Page 2
C. 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 is consistent with adjacent uses.
D. There are public facilities, services, and utilities available.
E. 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 basketball court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood characteristics.
F. The project is located on an 8.24-acre parcel allowing adequate setback to the
basketball court lighting. The basketball court will be situated within the side yard
approximately 150 feet to Heritage Road and over 350 feet to the proposed residence
to the north (lot 25). Therefore, the site is suitable for the type and intensity of use or
development that is proposed.
G. The project is limited in scope, therefore, there will be no significant harmful effects
upon environmental quality and natural resources.
H. The proposed use is an allowable accessory use in the RR-A 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 would 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
I. That the proposed conditional uses 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 04-02 for the installation of basketball
court lights on Lot 26, a residential lot located at 18755 Heritage Drive in the Heritage II
development within the RR-A zone, as shown on the plans dated February 13, 2004, subject
to the following conditions:
A. 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
ordinances in effect at the time of Building Permit issuance.
B. 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 Regarding Real Property.
C. 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.
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Page 3
D. The conditions of MCUP 04-02 shall remain in effect for the life of the subject
basketball court and basketball court lighting, and shall run with the land and be
binding upon future owners, successors, heirs, and transferees ofthe current property
owner.
E. Prior to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
2. 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.
3. 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 basketball
court/lighting installations (i.e., including footings) are entirely outside the
easement onsite.
4. 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 the satisfaction of the Director of Development Services.
5. 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 support posts, light poles, and fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility.
6. Pursuant to Section 17.30.020.F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that dense screening landscaping will be installed so as to soften the
appearance of the light poles.
7. The building plans shall depict, to the satisfaction 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.
8. Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,OOO-watt, high-pressure sodium lighting fixtures as required by
Section 17.30 and shall be maintained for the life of the project. Metal halide
lighting is prohibited.
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Page 4
F. Prior to obtaining a final inspection on the Building Permit, the applicant shall comply
with the following:
1. The basketball court lights 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.
2. 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 source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
contractor shall certify that all light fixtures have been designed, constructed,
mounted light shields installed, and maintained such that the maximum
illumination intensity measured at the property line shall not exceed one-half-
foot candle above ambient light levels.
3. Should the lighting contractor not be able to certify the installation pursuant
to Condition E.2 of this resolution, plans shall be submitted to the Planning
Division demonstrating modifications ofthe fixtures and/or landscape screening,
and/or basketball court fence screening necessary to be able to meet said
requirements. Upon approval (if any) and on installation of said measures, the
applicant shall call for a follow-up final inspection.
4. Should the lighting contractor not be able to certify the installation pursuant to
Conditions E.2 and E.3 above, the approval granted herein shall be revoked and
the lighting fixtures and light poles shall be removed.
G. Upon installation of the basketball court and basketball court lights, pursuant to MCUP
04-02, the following shall apply:
1. Pursuant to Section 17.30.020.C.3, the basketball court lighting shall be used
only between 7:00 a.m. and 10:00 p.m.
2. The required landscaping has been installed between the basketball 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.
3. The light standards are limited in number; size, height, and light shields, which
shall meet the requirements for shielding the light fixtures. The maximum height
of lights shall not exceed 18 feet from grade. The applicant shall comply with
the required maximum 1,OOO-watt, high-pressure sodium lighting fixtures
pursuant to Section 17.20.020.G, and shall be maintained to the satisfaction of
the Director of Development Services.
Resolution No. P-04- 33
Page 5
Section 4: The approval of MCUP 04-02 expire on May 4, 2006, at 5:00 p.m. unless, prior
to that time, a Building Permit has been issued, and construction on the property in reliance on
the MCUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 4th day of May 2004.
ATTEST:
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. 04-33 , was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of May 2004, and that it was
so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON