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Res P-91-50NO. P- 91-50 A OF THE CITY COUNCIL OF THE CITY OF POWAY, CA OF MAJOR USE PERMIT P81-13 PARCEL NUMBER 314-722-40 a request has been submitted by Standard Pacific of San Diego to install lighting for three ~ tennis courts within the Rancho Arbolitos Swim and Tennis Club; and a request has been made on the part of property owners for the modification of the CUP p operation of the complex; and adjoining ~ to the it has been found that an original finding justifying the construction and operation of the tennis court complex was made in error; and the City Council has read and considered staff's report and has considered other, evidence presented at the public hearing. NOW, the City Council does hereby resolve as follows: Section 1: : The City Council hereby declares that the proposed project is Categorically Exempt, Class 3 - New Construction or of Small Section 2: : Ail original findings in support of the approval of P81-13 are considered valid except for Item 5 which states: The suitability of the site for the type and y of use or development which is proposed: The fact supporting Finding (a-5) is as follows: The site is suitable inasmuch as it is at a lower elevation than the proposed homes to the south and east. In addition, sufficient areas have been set aside for landscaping. The City Council finds that the site is suitable because the operators of the tennis club have installed additional trees and ~ to act as a visual buffer and that of the court nearest the affected to the east'shall be Resolution No. P-91-50 Page 2 rohibited. These , along with clear prohibitions gainst trespassing, act as sufficient mitigation to allow the ennis club to continue operating adjacent to residential ots. Section louncil Decision: The City Council hereby amends Major Use Permit P81-13 imposing 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 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 and 1 uses. Light rays emitted by the tennis court light fixtures for Courts #7 and 8 shall be projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties. Lighting of the subject tennis courts Court #9 shall be prohibited. A dense landscape screen shall be installed and maintained along the eastern slope, to the property boundary. The interior of the tennis court shall be posted with a notice to players prohibiting trespassing on adjoining residential properties. State of Cal ATTEST: and by the City Council of the City of Poway, this 6th day of August 1991. Resolution No. P-91-~ Page 3 STATE OF ) ) SS. 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 Resolution, No. 91-50 , was duly adopted by the City Council at a meeting of said City Council held on the 6th day of · 1991, and that it was so adopted by the following AYES: NOES: ABSENT: EMERY, MCINTYRE, SNESKO NONE NONE HIGGINSON, GOLDSMITH REPORT\