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Res P-89-71NO. P- 89-71 OF TH CIT' CO 'CIL F TH CITY OF POW Y, ¢ APPROV NG M NOR CONDITIO AL U E P MIT 89-05 AS ESSO 'S PARCEL NU BER 14- 0-26 WHEREAS, Minor Conditional Use Permit 89-05, submitted by Chaur-Yan9 Chen9 and Ching-Ching Lien Cheng applicants, request approval to a 56 ' x 120' lighted tennis court at 15154 Pomerado Road in the RR-C zone; and WHEREAS, on July 11, 1989, the City Council held a hearing on the above- referenced item. NOW, the City Council does hereby resolve as follows: Section 1: F' The City Council finds that this project is categorically exempt {Class 3) from the California Quality Act (CEQA). Section 2: That the proposed development is in conformance with the Poway General Plan in that the ~ropose~ court is an use for a single family in a rural residential zone and the General Plan is RR-C. That the roposed development will not have an adverse health, s fety, or ly related impact upon a perties, n that the grading design and landscape instal method, and court will be compat screened rom surrounding properties. oining pro- tion, le with and That the proposed development is in compliance with the Zoning in that it complies with the setbacks, fence height limit, lighting standards and all other property development standards of the RR-C zone. That the proposed . the orderly and appeara ce of and property within the City, in that all surroun ing properties to the south, east, and west are under the same zoning esignation as the subject lot and are to be developed as single- amily residences. Section 3: il Decision: The City Council hereby approves Minor Conditional Use Permit 89-05 subject to the following conditions: Within 3U days of approval: (1) The applicant shall submit in writing that all of approval have been read and understood; and (2) the pro- perty owner shall execute a Covenant on Real Property. No. P- 89-71 Page 2 APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE CONDITIONS: Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit ' 2. The appropriate Building Department approvals for fence footings shall be received prior to the of 3. Site shall be in with the approved site plan on file in the Planning Services Department and the conditions contained herein. All manufactured slopes over five feet in height shall be planted with ground cover, shrubs, and trees, and ~ in a healthy growing con- dition in accordance with Ordinance No. 77. A landscape and irrigation plan or the area between the fence and property line shall be submitted to the C ty for review and approval prior to issuance of a building permit, nstallation of all slope planting and irri- gation shall occur prior to fina inspection by the Building Department. 6. All new and existing utilities shall be underground prior to final inspec- tion by the Building 7. A maximum ten foot high fence (measured from the finished grade of the court) shall be allowed. A maximum of eight lights shall be permitted of a height not to exceed 22 feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: ao Be designed, mounted, and ~ such that, the light source is cut off when viewed from any point above five feet measured outside the lot at the lot line. Be designed, ~, mounted, and ~ such that the maximum il measured at the wall of any building on abutting property shall not exceed one-half foot candle above ambient levels. Said certification shall be provided to the Planning Services Department prior to the issuance of a grading plan. 9. Hours of operation for court lights shall be to the period bet- -- ween 7:00 a.m. and 10:00 p,m. No. P- 89-71 Page 3 1u. This approval shall become null and void if building permits are not issued for this pro ect within one year from the date of project approval. The minor use permit shall expire on July 11, 1990, unless an appli- cation for t me is received 90 days prior to expiration in accor- dance with C ty Ordinances. APPLICANT SHALL CONTACT THE WITH THE FOLLOWING CONDITIONS: OF PUBLIC SERVICES REGARDING COMPLIANCE A gradin plan for the development of the property shall be submitted to the City's P blic Services for review and approval prior to issuance of agra ing permit and start of grading operation. Rough grading of the site mus be completed and shall meet the City's Public Services inspector's approval prior to issuance of a building permit. A right-of-way permit shall be obtained from the City's Public Services Department for any work to be done within the public street right-of-way or any City-held Said work shall include, b t is not to be limited to, o driveway sewer latera installation, water service line insta lation, street (inc uding concrete curb, gutter, and sidewa k). Permit shall be obtained pr or to start of work. 3. Contact Public Services for payment of water, sewer, traffic mitigation, and park fees, if any prior to building per'it ' Cal APPROVED and ADOPTED by the City Council/O~the City of Poway, State of ifornia, this lith day of July, 1989. , Mayor ATTEST: Marjor~Wah s~' No. P- 89-71 Page 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing R No. P-89-71 , was duly adopted by the City Council at a meeting of said City Counci the 11th day of July , 1989, and that it was so adopted by the following AYES: BRANNON, EMERY, GOLDSMITH, KRUSE NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON R/R-7-11.18-22