Res P-94-05RESOLUTION NO. P-94-05
R LUTION OF T E CITY OUNC L
F CITY OF PO AY, CAL ORN A
APP OV CONDITIONA USE PE IT 3-06
AS E 'S PARCEL MBER 27 -27 -44
WHEREAS, Conditional Use Permit 93-06, submitted by Victor and Sharon
Ortuno, applicants, request approval to add kitchen facilities to a previously
approved guesthouse and add lights to a previously approved tennis court located
at 13708 Paseo De Las Cumbres in the RR-B zone; and
WHEREAS, on January 18, 1994, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that this project is categorically exempt (Class 3)
from the California E 1 Quality Act.
Section 2: Findi :
The proposed project is with the general plan in that an
apartment and a lighted tennis court are considered to be
uses for a single family residence in the Rural
Residential B zone.
That the proposed development will not have adverse aesthetic,
health, safety, or architecturally related impacts u on adjoining
roperties, in that the rchitectural design of t e accessory
partment is compatible wit the primary dwelling and he landscape
nstallation, lighting des gn and court materials wi 1 allow the
ennis court to be compati le with and screened from surrounding
properties.
That the proposed develo ment is in compliance with the Zoning
Ordinance, in that it co.plies with the setbacks, structure and
fence height limits, lig ting standards, and all other property
development standards of he RR-B zone.
That the proposed development encourages the orderly and h
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.
o
That the generation of traffic will not adversely impact the
capacity and physical character of surrounding streets.
6. That there are public facilities and utilities available to service
the project.
Resolution No. p-94-05
Page 2
That there will not be significant harmful effects upon
tal quality and natural in that the project is
considered an accessory to a single Family residence and conditions
of approval for the project landscape screening and
limited hours of operation for the t~nnis court will mitigate
potential negative impacts.
Section 3: Cit Council
The City Council hereby approves Conditional Use Permit 93-06 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 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.
This conditio al use permit shall be subject to annual review by the
Director of Panning Services for compliance with the conditions of
approval and o address concerns that may have occurred during the
past year. I the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a public
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits for the tennis court lights or the
installation of the kitchen facilities in the unit.
Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit '
Resolution No. P-94-05
Page 3
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
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:
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 property line.
Be design d, constructed, mounted and maintained such that the
maximum i lumination intensity measured at the wall of any
residentia building on abutting property shall not exceed one-half
candle lDO above ambient levels.
Said certification shall be provided to the Planning Services
Department prior to the issuance of an electrical permit for the
tennis court lighting.
Hours of operation for court lights shall be
between 7:00 a.m. and 10:00 p.m.
~ to the period
A landscape and plan for the area between the tennis curt
fence and roperty iine shall be submitted to the Planning Serv ces
Department or review and approval prior to the issuance of an electr cal
permit for he tennis court lights. Installation of all slope plan ing
and irrigat on shall occur prior to final inspection.
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.
10.
Either the main residence or the accessory apartment shall be occupied by
the owner of the property at all times that either unit is held out for
rent.
11.
One on-site garage parking space shall be provided for the accessory
apartment.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
The owner shall consult the fire sprinkler contractor to determine if the
installation of the kitchen facilities in the apartment will cause an
alteration to the already installed sprinkler system.
APPROVED and ADOPTED by the City Council
California, this 18th, day of January, 1994.
Resolution No.
Page 4
of the City of Poway,
P-94-0 5
State of
ATTEST:
nson, ~
STATE OF CALIFORNIA
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-94-05, was duly adopted by the City Council at a meeting of said City Council
~e 18th day of January , 1994, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON