Res P-91-80NO. P-91-80
A OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING USE PERMIT 91-13 AND 91-09
, PARCEL NUMBER 272-761-05
Conditional Use Permit 91-13 and Variance 91-09,
by Keith Kelley, requests approval for a 70'
x 125' private tennis court for the Highlands Ranch subdivision
with associated parking and a variance to allow the court to
observe zero foot side and rear yard setbacks where ten foot
setbacks are required on a site located on the south side of
Highlands Ranch Road, 70 feet west of Highlands Ranch Terrace in
the RR-C zone; and
the of Planning
approval of the conditional use permit and
the Planning Department report; and
has 9ed
as described in
the City Council has read and considered said report
and has considered other evidence presented at the public hearing
held on 19, 1991; and
NOW, the City Council does hereby resolve as
follows:
Section 1: ta] :
The City Council finds that the project qualifies for a Class
3 categorical exemption as a small ~
Section 2: :
Conditional Use Permit 91-13
The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
That the location, size, design, and o er ting
characteristics of the proposed use will be co a ible
with and will not adversely affect or be ma r ally
detrimental to adjacent uses, residents, bu d ngs,
structures, or natural in that the fa i y is
unlighted and separated from adjacent lots by s opes and
driveways. Conditions of approval limiting ours of
operation and requiring landscaping N a so serve
to ensure compatibility.
That the scale, bulk, coverage, and density is consistent
with adjacent uses in that a ten foot N fence is
Resolution No. P-91-80
Page 2
the only structure which is to be built and surrounding
lots are developed with very large homes on lots one acre
or larger in size.
That there are available public facilities and
utilities in the proximity to serve the proposed use.
That there will not be a harmful effect upon
nei§ , in that adequate mitigation
will be implemented through the conditions of
approval.
That the generation of traffic will not 'y impact
the surrounding streets and/or the City's Circulation,
because the court will only accommodate a of four
players and will only be open for residents in the
Highlands Ranch subd'
That the site is suitable for the type and intensity of
use and development proposed in that the site is
separated from adjacent residences by slopes and private
drives.
hat there will not be significant harmful effects upon
he environmental quality and natural in that
he site was previously graded and no significant natural
eatures remain.
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
Poway General Plan for future as well as resent
development in that the General Plan designated th s site
for rural residential use and the tennis cour is a
common y facility for rural resi ential
development.
91-09
That there are special circumstances applicable to the
property (size, shape, topography, location, or
surroundings) or the intended use of the property, and
because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
The special circumstances present in this case include
the existence of a 16 foot wide driveway easement and
No. P- 91-80
Page 3
drainage swale to the south and east of the court.
existing features provide more than the ten foot
separation required by the code.
These
That 9rantin9 the variance or its modification is
y for the preservation and enjoyment of a
substantial property right possessed by other property in
the same vicinity and zone and denied to the property for
which the variance is sought; in that many rural
1 lots in Poway enjoy the use of tennis courts.
Due to the steep topography in the Highland Ranch
subdivision, many of the lots contain manufacture slopes
which reduce the usable area available for tenns court
The of this acility
will allow the residents in this project a
amenity commonly available in residential developments
where lot size is greater than one acre.
That granting the or its modification will not
be materially detrimental to the public health, safer',
or welfare, or injurious to the property or im rovemen s
in such vicinity and zone in which the p operty s
located; beca'se there is ade uate separation etween t e
court and a acent residen ial lots. Con itions of
approval pro ibit lighting or night games and require
landscaping o soften the v sual impact of the ten foot
fencing.
The granting of this does not constitute a
special privilege with the upon
other properties in the vicinity and zone in which such
property is situated; because the court is designed to
serve the surrounding subdivision and provides for a
buffer area as large or larger than the existing
on many private residential courts.
The granting of this does not allow a use or
activity which is not otherwise expressly authorized by
the Zoning Ordinance governing the parcel of property; in
that tennis courts are a permitted use in rural
residential zones.
~hat granting the or its modification will not
e incompatible with the Poway City General Plan because
he plan designates this site for residential use and the
ennis court is an facility for residential
evelopment.
Resolution No. P-91-80
Page 4
Section 3: Cit :
The City Council hereby approves Conditional Use Permit 91-13
and 91-09 subject to the following conditions subject
to the ~ conditions:
Within 30 days of approval (1) the applicant shall submit in
writing that all conditions of approval have been read and
and (2) the property owner shall execute a
Covenant on Real Property.
SHALL CONTACT THE OF
CC WITH THE ~ CC
An annual review of this use shall be conducted by the
Planning Department to monitor compliance with the
conditions of approval. If the proJ ct is not in complia ce
with conditions or if complaints ave been received he
required annual review shall be se for a public hear ng
before the City Council to consider mo ification or revocat on
of the permit.
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
and municipal uses.
The site shall be developed in accordance with the approved
site plans on file in the Planning Department.
A minimum of three off-street parking spaces shall be
maintained for the court.
Hours of operation shall be from 7:00 a.m. to dusk. No court
lighting shall be constructed unless approved by City Council
as an amendment to this permit.
Prior to of building permits, the applicant shall
submit plans for landscaping of the 20 foot setback on
Highlands Ranch Road and buffer areas and slopes along the
side and rear property lines. The landscaping shall include
a of drought tolerant ground cover, shrubs, and trees
irrigated by low volume emitters. Trees shall be evergreen
species spaced close enough to provide a dense screen within
three - five years. At no point shall buffer landscape areas
be less than ten feet in width.
Prior to final inspection of the court, the applicant shall
record a landscaping easement over a portion of Lot 5 to
incorporate the landscaped areas adjacent to the southern and
eastern property lines. The easement shall be worded so as to
NO. P-91-81
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
REVOKING CONDITIONAL USE PERMIT 91-02
AND DECLARING THE PROPERTY AT THE NORTHEAST
CORNER OF POWAY ROAD AT OLIVE TREE LANE
A PUBLIC AND OF THE
BY REMOVAL OF ALL AND
DEBRIS FROM THE PREMISES
PARCEL NUMBERS 32. , 64
WHEREAS, the officials of the City of Poway have inspected
and found that the property at the northeast corner of Poway Road
and Olive Tree Lane, Poway, California, a hazard
endangering the health, safety, and welfare of the surrounding
residents and the public due to the following:
The building formerly known as the "whiskey Creek"
building had been allowed to remain in a deteriorating
condition, and subsequently has been partly demolished.
Most of th building materials nd part of the are
still ~ on the site and ave been allowed to remain on
the proper y in a hazardous con ition, in such a manner as to
be accessi le to neighborhood c ildren.
Debris from this site has been spread to other nearby
properties causing their owners to complain about litter as
well as the unsightly appearance of the lot.
Condition No. 14 SITE of Resolution P-91-
31, which required "renovation of the building in order to render
it safe shall no later than 60 days from this approval"
has not been satisfied.
City staff has contacted the property owner on
, both verbally and in writing, seeking
comp iance wi h the cleanup requ and safety
rela lng to t e site, to which no adequate response has been
rece ved from he owner.
a duly noticed ublic hearing before the City Council
was held on November 26, 1 91, at which time the owner of the
property was given the oppor unity to appear and present evidence,
require sworn testimony an ine witnesses to present
reasons why the City Counci should not find that the
and conditions existing on the subject property caused the premises
to be unsafe and substandard and constitute both a violation of the
p of the conditional use permit and a public and
why abatement, repair and correction should not be required.
Resolution No. P-91-81
Page 3
AND by the City Council of the City
Poway, State of this 26th day of , 1991.
of
~lsten, City Clerk
STATE OF
COUNTY OF SAN DIEGO
SS.
I, MarJorie K. wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-91-81 , was duly adopted by the City Council
at a meeting of said City Council held on the 26th day of
November , 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
HIGGINSON