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Res P-90-08RESOLUTION NO. P- 90-08 F T CIT CO I F T ITY 0 PO ~, APPROV NG N R CON IT! L U E P I 89-04 AS ESS ' PARC L N BER 75- - I WHEREAS, Minor Conditional Use Permit 89-04, submitted by Gary and Valerie Sabin, applicants, request approval to construct a 60' x 120' lighted tennis court at 16289 Oak Creek Trail in the the RR-C zone; and WHEREAS, on January 30, 1990, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Fin( : The City Council finds that this project is categorically exempt (Class 3) from the California Environmental Quality Act {CEQA). Section 2: Findln( : That the proposed development is in with the Poway General Plan in that the proposed recreational court is an accessory use for a single family residence in a rural residential zone and the General Plan designation is RR-C. That the roposed development will not have an adverse a health, s fety, or archttecturall related impact upon a perties, n that the grading desi n and landscape instal construct on method, and court ma erials, will be compat screened rom surrounding propert es. thetic, oining pro- tion, le with and e hat the proposed development is in compliance with the Zoning · rdinance, in that it complies with the setbacks, fence height limit, ighting standards and all other property development standards of the R-C zone. e That the proposed development encourages the orderly and appearancQ of structures and property within the City, in that all surrounding properties are under the same zoning designation as the subject lot and are to be developed as single-family residences. Section 3: lctl Decision: The City Council hereby approves Minor Conditional Use Permit 89-04 subject to the following conditions: Within 30 days of approval: {1) The applicant shall submit in writing that all conditions of approval have been read and understood; and {2) the pro- perty owner shall execute a Covenant on Real Property. R No. P-90-08 Page 2 APPLZCANT SHALL CONTACT THE DEPARTNENT OF PLANN[NG SERVECES REGARDENG COHPLEANCE I/[TH THE FOLLOgi'NG CONDI'T[ONS: 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 issuance. 2. The appropriate Building Department approvals for fence footings shall be received prior to the initiation of construction. 3. Site shall be developed in with the approved site plan on file in the Planning Services Department and the conditions contained herein. e All manufactured slopes over five feet in height shall be planted with ground cover, shrubs, and trees, and maintained in a healthy growing con- dition in with Ordinance No. 77. Se A landscape and irrigation plan for the area between the fence and property line shall be submitted to the City for review and approval prior to issuance of a grading permit. Installation of all slope planting and irri- gation shall occur prior to final inspection by the Public Services Department. 6. All new and existing utilities shall be underground prior to final inspec- tion by the Planning Department. 7. A maximum ten foot high fence (measured from the finished grade of the court) shall be allowed. Be The court surface must be designed, painted, and/or textured to reduce the reflection from lighting to the satisfaction of the Director of Planning Services. ge 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: ae Be designed, constructed, mounted, and maintained 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 destg ed, constructed, mounted, and maintained such that the maximum illumina ion intensity measured at the wall of any residential building on abutt ng property shall not exceed one-half foot candle above ambient evels. C® Said certification shall be provided to the Planning Services Department prior to the issuance of a grading plan. Resolution No. P-gO- 08 Page 3 10. Hours of operation for court lights shall be restricted to the period be- tween 7:00 a.m. and 10:00 p.m. 11. Thls approva shall become null and VD d If bulldlng ermlts are not issued for this pro ect within one year from he date of pro ect approval. The minor condlt Dna1 use permlt shall exp re on January O, lggl, unless an application or time is rece ved 90 days pr or to expiration in accordance w th City Ordinances. 12. If the use of the court negatively impacts surrounding properties, the City Council may this Conditional Use Permit and amend the as it sees fit or require removal of the lights. APPLICANT SHALL CONTACT THE DEPARTNENT OF PUBLIC SERVICES REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS: A gradtn plan for the tennis court construction shall be submitted to the City's P blic Services Department f r review and approval prior to issuance of agra lng permit and start of gra lng operation. Rough grading of the site mus be completed and shall me. the City's Public Services inspector's approval prior to issuance of a bull lng permit. A right-of-way permit shall be obtained from the City's Publi Services Department for any work to be done within the public street r ght-of-way or any City-held Said work shall includ , b t is not o be limited to, construction o driveway approach, sewer la era installa ion, water service line insta lation, street construction inc uding concrete curb, gutter, and sidewa k). Permit shall be obtain, pr or to start of work. ® Contact Public Services Department for payment of water, drainage, sewer, traffic mitigation, and park fees, if any, prior to building permit issuance. Cal APPROVED and ADOPTED by the City Council of the City of Poway, State of ifornia, this 30th day of January, 1990. Do~ Htggtnson, M, ty(~f.._J ATTEST: No. P- 90-08 Page 4 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing Resolu ion, No. , was duly adopt d by the City Council at a meeting of said C ty Council held on the 30th ~ay o Ja~ , 1990, and that it was so adop ed by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE City of~p~oway R/R-i-2.1-4