Res P-04-92
RESOLUTION NO. P-04-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-14,
A REQUEST TO INSTALL SPORT COURT LIGHTS ON LOT 14,
A RESIDENTAL LOT LOCATED AT18795 HERITAGE DRIVE,
WITHIN THE HERITAGE II DEVELOPMENT,
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-14
WHEREAS, Minor Conditional Use Permit (MCUP) 04-14 was submitted by Mr. and
Mrs. Phillip Nevin, Applicants, to permit the installation of court lights at an approved sport
court and residence under construction at 18795 Heritage Drive, within the Heritage II
development and zoned Rural Residential A (RR-A); and
WHEREAS, on November 30, 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 04-14 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 17048.070 of the Poway Municipal
Code, to approve MCUP 04-14, to permit the installation of court lights at a sport court
approved through Minor Development Review Application (MDRA) 04-99, on a 5.36-acre
residential lot at 18795 Heritage Drive, within the RR-A zone, are made as follows:
A. The design of the proposed sport 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
17048.070, 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 sport court lighting will not create a negative
visual impact on surrounding properties as the sport court is situated at the end of a
cul-de-sac. Lights will not be visible from Lots 15, 16, and 17 as the residence and an
existing manufactured slope will screen it from view. The court lights will not be
visible from Lot 13 to the south because dense vegetation, required by the Conditions
of Approval, will screen the court lights. Therefore, the location, size, design, and
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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.
C. The light standards for the sport court are limited to a maximum of six 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 sport court fencing. Therefore,
there will be no harmful effects upon desirable neighborhood characteristics.
F. The project is located on a 5.36-acre parcel allowing adequate setback to the sport
court lighting. The sport court is situated within the rear side 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, orwelfare,
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 17048.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 04-14, for the installation of a
maximum of six sport court lights on Lot 14, a residential lot located at 18795 Heritage Drive,
within the RR-A zone, as shown on the plans dated August 11,2004, 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:
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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.
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 04-14 shall remain in effect for the life of the subject sport
court and sport 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 sport
court/lighting installations (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 evergreen screening landscaping will be installed so as to soften
the appearance of the light poles.
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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 1,000-watt, high-pressure sodium as required by Section 17.30
and shall be maintained for the life of the project. Metal halide lighting is
prohibited.
F. Prior to obtaining a final inspection on the Building Permit, the applicant shall comply
with the following:
1. The sport 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 sport court lights, pursuantto MCUP 04-14, the following shall
apply:
1. Pursuant to Poway Municipal Code (PMC) Section 17.30.020.C.3, the sport
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 the lights
off at 10:00 p.m.
2. The required landscaping has been installed along the sport 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, high-pressure sodium lighting
Resolution No. P-04- 92
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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 04-14 expires on November 30,2006, 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 ofthe City of Poway, State
of California, this 30th day of November 2004.
ATTEST:
~~
Jeanne unch, 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- 92 , was duly adopted by
the City Council at a meeting of said City Council held on the 30th day of November 2004,
and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
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(
Jea e Bunch, Interim City Clerk
Cit f Poway