Res P-04-64
RESOLUTION NO. P-04-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-13,
A REQUEST TO INSTALL TENNIS COURT LIGHTS
ON LOT 16, A RESIDENTAL LOT,
LOCATED AT 14170 AUGUSTA COURT,
WITHIN THE HERITAGE II DEVELOPMENT
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-16
WHEREAS, Minor Conditional Use Permit (MCUP) 04-13 was submitted by Jonathan
Weisz, Heritage #16, LLC, Applicant, to permit the installation of tennis court lights at an
approved tennis court and residence under construction at 14170 Augusta Court, within the
Heritage II development and zoned Rural Residential A (RR-A); and
WHEREAS, on September 14, 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 04-13 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 04-13, to permit the installation of tennis court lights at a tennis court
approved through Minor Development Review Application (MDRA) 04-86, on a 4. 16-acre
residential lot at 14170 Augusta Court, within the RR-A 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 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 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 on surrounding properties as the tennis court is situated at the end of a
cul-de-sac, It is only partially visible from Lot 15 to the south as the residence will
screen it from view, and vegetation required by the Conditions of Approval will further
screen the tennis court. Therefore, the location, size, design, and operating
characteristics of the proposed use will be compatible with and will not adversely affect
Resolution No. P-04-64
Page 2
or be materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources.
C. The light standards for the tennis court are limited to a maximum of ten lights and a
maximum height of eighteen feet. 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 tennis court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood characteristics.
F. The project is located on a 4.16-acre parcel allowing adequate setback to the tennis
court lighting. The tennis court is situated within the rear yard at the base of a slope
and the residence will further restrict view of the court. 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 04-13 for the installation of tennis
court lights on Lot 16, a residential lot located at 14170 Augusta Court, within the RR-A zone,
as shown on the plans dated June 30, 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.
2. The property owners shall execute a Covenant Regarding Real Property.
Resolution No. P-04-64
Page 3
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.
D. The conditions of MCUP 04-13 shall remain in effect for the life of the subject tennis
court and tennis court lighting, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the 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 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 tennis
court/lighting installations (I.e.: including footings) are entirely outside the
easement on-site.
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 and automatically shut off at
10:00 p.m.
8. Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1 ,OOO-watt, low-pressure sodium as required by Section 17.30 and
shall be maintained forthe life of the project. Metal halide lighting is prohibited.
Resolution No. P-04-64
Page 4
F. Prior to obtaining a final inspection on the Building Permit, the applicant shall comply
with the following:
1. The tennis 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.
G. Upon installation of the tennis court lights, pursuant to MCUP 04-13, the following shall
apply:
1. Pursuant to poway Municipal Code (PM C) Section 17 .30.020.C.3, the tennis
court lighting shall be used only between 7:00 a.m. and 10:00 p.m. and an
automatic timer shall be programmed to automatically shut off at 10:00 p.m.
2. The required landscaping has been installed along the tennis court fence
where visible from adjacent and surrounding properties, 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 1,000-watt, low-pressure sodium lighting fixtures
pursuant to PMC Section 17.20.020.G, and shall be maintained to the
satisfaction of the Director of Development Services.
Section 4: The approval of MCUP 04-13 expires on September 14, 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.
Resolution No. P-04-64
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 14th day of September 2004.
ATTEST:
Bunch, Interim City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04- 64 , was duly adopted by
the City Council at a meeting of said City Council held on the 14th day of September 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Je e Bunch, Interim City Clerk
Ci of Poway