Res P-94-33RESOLUTION NO. P-94-33
A OF TH CIT' C U I
OF T CITY OF POW Y, C L 0 I
APPROVING CONDITIONAL US ERMIT 94-03 ND i, R ,' LOPMENT REVIEW 94-18
ASSES 0 'S PARCEL NU BER 7 -2 - 3
WHEREAS, Conditional Use Permit 94-03 and Minor Development Review 94-18,
submitted by Benjamin Lin, Owner and Bill Yen, Applicant, request approval to
an and a lighted tennis court on the property
located at 15902 E1 Camino Entrada in the Rural Residential B zone; and
WHEREAS, on July 12, 1994, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E 1 Fin :
The City Council finds that this project is Categorically Exempt (Class 3)
from the California 1 Quality Act.
Section 2: Fi :
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 upon adjoining
in that the design of the
partment is compatible with the primary dwelling and the landscape
nstallation, lighting design and court materials will allow the
ennis court to be compatible with and screened from surrounding
P
That the proposed develo ment is in compliance with the Zoning
Ordinance, in that it co..plies with the setbacks, and
fence height limits, lig ting standards, and all other property
development standards of he RR-B zone.
That the proposed the orderly and h
appearance of and propert~ 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 of a small amount of 1 traffic will not
adverselj impact the capacity and physical character of surrounding
streets.
lhat there are public facilities and utilities available to service
the project.
No. p-94-33
Pa§e 2
That there will not be significant harmful effects u on
tal quality and natural in that the li h ed
tennis court is considered an accessory use to a single f m ly
and conditions of approval for the project
landscape screening and limited hours of will mit gat~
potential negative impacts.
Section 3: ~cil
The City Council hereby approves Conditional Use Permit 94-03 and Minor
Development Review 94-18 subject to the following
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
of surrounding residential and ' 1 uses.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If 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
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 D and the conditions contained herein.
Revised site plans and building all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
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 issuance.
Th appl
Co e, Un
Co e, Un
ef ect a
cant shall comply with the latest adopted the Uniform Building
form Mechanical Code, Uniform Plumbing Code, National Electric
form Fire Code, and all other applicable codes and ordinances in
the time of building permit '
Resolution No. P-94-33
Page 3
o
o
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, ~, 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 designed, ~, mounted and ~ such that the
maximum illumination intensity measured at the wall of any
residential building on abutting property shall not exceed one-half
candle foot above ambient levels.
Co
Said certification shall be provided to the Planning Services
D prior to the issuance of an electrical permit for the
tennis court lighting.
o
Hours of for court lights shall be
between 7:00 a.m. and 10:00 p.m.
~ to the period
°
A landscape and irrigation plan for the area between the tennis court
fence and property line shall be submitted to the Planning Services
for review and approval prior to the issuance of an electrical
permit for the tennis court lights. Installation of all slope plantin9
and irrigation 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
10. The maximum height of the tennis court fence or any combination of fence
and retaining wall for the court shall not exceed 10 feet.
11. Either the main residence or the shall be occupied by
the owner of the property at all times that either unit is held out for
rent.
12. One on-site garage parking space shall be provided for the
apartment.
13.
The pad elevation of the tennis court shall not exceed 936.4 feet, which
is the floor elevation of the primary dwelling.
Resolution No. p-94-33
Page 4
WITH THE IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
SHALL BE
GRADING
o
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval rior
to issuance of a grading permit and start of grading ough
grading of the site must be completed and shall meet the C ty's
Engineering Services ' approval prior to issuance of a bui ding
permit.
A right-of-way permit shall be obtained from the City's Engineering
Services B for any work to be done within thepublic street right-
f-way or any City-held Said work shall include, but it not to
e limited to, of driveway approach, sewer lateral
nstallations, water service line installation, street construction
including concrete curb, gutter, and sidewalk). Permit shall be obtained
rior to start of work.
3. Prior to building permit issuance for the apartment, the
following fees shall be paid:
a. Traffic Fee $ 990
b. Park Fee 2550
c. Drainage Fee (Zone 42E) 950
4. Water and sewer fees shall also be paid prior to building permit issuance
if water service and sewer lateral lines require new to the
public main lines.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall meet Class A fire testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
Approved nu bers or addresses shall be placed on the buildi in such a
position as o be plainly visible and legible from the street onting the
property, aid numbers shall contrast with their backgroun . Minimum
height of a dress numbers shall be four inches. Address may e required
at private riveway
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of July 1994.
Do ggl~ , Ma
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P- 94-33
Page 5
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-94-33 , was duly adopted by the City Council at a meeting of said City Council
le 12th day of July , 1994, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY,
EMERY, SNESKO, HIGGINSON
City f~oway