Res P-05-05
RESOLUTION NO. P-05-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-16,
A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 19,
A RESIDENTAL LOT LOCATED AT18810 OLYMPIC POINT,
WITHIN THE HERITAGE II DEVELOPMENT,
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-19
WHEREAS, Minor Conditional Use Permit (MCUP) 04-16 was submitted by Stephen
and Kathryn Horn, Applicants, to permit the installation of court lights at an approved tennis
court and residence under construction at 18810 Olympic Point, within the Heritage II
development and zoned Rural Residential A (RR-A); and
WHEREAS, on January 25, 2005, 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 04-16 is exempt from the provisions ofthe
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 04-16, to permit the installation of court lights at a tennis court
approved through Minor Development Review Application (MORA) 04-111, on a 10.15-acre
residential lot at 18810 Olympic Point, 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, in the northernmost portion of Heritage II. Lights will not be
visible from Lot 18, the only potentially impacted property, as the tennis court lights
will be screened from view by an adjacent slope to the south and dense landscaping
Resolution No. P-05-05
Page 2
to the east. 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.
C. The light standards for the tennis court are limited to a maximum of 8 lights and a
maximum height of 18 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 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 tennis court lights will be located on a 10.15-acre residential parcel at the
terminus of Olympic Point and fifty feet from the front yard property line allowing
for adequate landscaping to screen any potential views to the tennis court lights.
The tennis court is situated within the side yard, at the base of a slope which rises to
an elevation of 766 feet, 28 feet above the tennis court elevation. Additional
landscaping on the slope to the south and northwest will further restrict view of the
court from properties to the south and west. 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.
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 04-16, for the installation of a
maximum of 8 tennis court lights on Lot 19, a residential lot located at 18810 Olympic Point,
within the RR-A zone, as shown on the plans dated November 30, 2004, subject to the
following conditions:
Resolution No. P-05-05
Page 3
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.
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 04-16 shall remain in effect for the life ofthe 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 (including footings) are entirely outside
the easement on-site.
4. Pursuant to Section 17.30.020.C ofthe 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 ofthe 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.
Resolution No. P-05-05
Page 4
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 on the west,
east and southern sides of the court 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 1,000-watt, high-pressure sodium as required by Section
17.30.020 of the Poway Municipal Code 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 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 04-16, the following
shall apply:
1. Pursuant to Poway Municipal Code (PMC) 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 the lights
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.
Resolution No. P-05- 05
Page 5
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 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 04-16 expires on January 25, 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 25th day of January 2005.
ATTEST:
x~~
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk ofthe City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-05-05 , was duly adopted by the City
Council at a meeting of said City Council held on the 25th day of January 2005, and that it
was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
;;t~ ~~_/
L. Diane Shea, City Clerk
City of Poway