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Res P-90-86NO. P-90-86 A OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING MINOR CONDITIONAL USE PERMIT 90-01 ASSESSOR'S PARCEL NUMBER 275-260-37 WHEREAS, Minor Conditional Use Permit 90-01, submitted by Larry Gerhard, applicant, requests approval to add lights to a p y approved tennis court located at 13451 Summit Circle in the RR-B zone; and on the on November 13, 1990, the City Council held a hearing ~ item. NOW, the City Council does hereby resolve as follows: Section 1: : The City Council finds that this project exempt (Class 3) from the California Envi (CEQA). is categorically 1 Quality Act Section : That the proposed development is in conformance with the Poway General Plan in that a lighted court is an y use for a single-family residence in a rural residential zone and the General Plan designation is RR-B. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoini g properties, in that the landscape installation, light ng design and court materials, will allow the court to e compatible with and screened from surrounding propert es. That the proposed development is in compliance with the Zoning Ordinance, in that it complies with the setbacks, fence height limit, lighting standards, and all other property development standards of the RR-B zone. That the proposed development encourages the orderly and harmonious appearance 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. Resolution No. P-90-86 Page 2 SITE 1. Se ~ouncil Decision: The City Council hereby approves Minor Conditional Use Permit 90-01 subject to the conditions: within ]0 days of approval (1) The Applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. SHALL CONTACT THE OF WITH THE Site shall be developed in accordance with the approved site plans on file in the Planning Department and the conditions contained herein. Appr val of this request shall not waive compliance with all sect ons of the Zoning Development Code and all other appl cable City Ordinances in effect at the time of building perm t i The appropriate Building Department approvals for fence footings shall be received prior to the initiation of construction. 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 building permit. Installation of all slope planting and irrigation shall occur prior to final inspection by the Building Dep Ail new and existing utilities shall be underground prior to final inspection by the Planning Department. The court surface must be designed, painted, and/or to reduce the reflection from lighting to the satisfaction of the Director of Planning 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: Resolution No. P-90-86 Page 3 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 esigned, constructed, mounted, and maintained such tha the maximum illumination intensity ~ at the wal of any residential building on abutting property sha 1 not exceed one-half foot candle above ambient levels. Said certification shall be provided to the Planning Department prior to the of a grading plan. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. The minor conditional use permit shall expire on 13, 1992 if building permits are not issued for this project. 10. If the use of the court negatively impacts surrounding properties, the City Council may reconsider this minor conditional use permit and amend the conditions as it sees fit or require removal of the lights. and by the City Council of the City of Poway, State of California, this 13th day of November 1990. Don Higginso~/3 ~ y( ATTEST: Marjor! ~ lsten, City Clerk STATE OF CA ) ) SS. COUNTY OF SAN DIEGO ) Resolution No. Page 4 P-90-86 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted13hbY-tthe City Council at a meeting of said City Council held on the day of November , 1990, and that it was so adopted by the following vote: REPORT\ AYES: NOES: ABSENT: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NONE NONE NONE MarJo~ie City ~poway