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Res P-94-40RESOLUTION NO. P- 94-40 A RE LU ION F T E CIT C C OF T C T¥ 0 PO'AY, C LI N APPROVING NO CON.ITI NAL U E M 94-06 ASS SO 'S P RCE NUMB R - 0-50 WHEREAS, Minor Conditional Use Permit 94-06, submitted by Mark Copeland, applicant, Sahir Haddad, owner, requests approval to add six (6) metal halide lights to an existing tennis court located at 13743 Paseo Valle Alto which is within the Rural Residential B zone; and WHEREAS, on August 9, ]994 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 (CEQA). Section 2: Findi ; The proposed pro~ect is t with the Poway General Plan in that a lighted 1 court is an accessory use for a single-family residence in a rural residential zone. That the proposed development will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties, in that the landscape installation, lighting design and court materials will allow the court to be compatible with and screened from surrounding properties. 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 h appearance of structures and property within the City, in that the subject property and all of the surrounding properties are zoned rural residential and are to be developed as single-family residences. Sect- Decision: The City Council hereby approves Minor Conditional Use Permit 94-06 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. Resolution No. P-94-40 Page 2 The use conditionally granted by this permit shall not be such a manner as to interfere with the reasonable use and surrounding residential and ' 1 uses. conducted in enjoyment of 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. 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 appropriate Building Department approvals for the lights and footings for the light standards shall be received prior to the initiation of construction. o A landsca e and irrigation plan for the area between the tennis court fence an property line shall be submitted to the Planning Services Departmen for review and approval prior to issuance of a building permit. Installat on of all landscaping required for screening the court and lights 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. A maximum of six 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: aD 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 Be 'esigned, constructed, mounted and maintained, such that the max mum ill intensity measured at the wall of any res dential building on abutting property shall not exceed one-half foo candle above ambient levels. Said certification shall be provided to the Planning Services Department prior to the issuance of a building permit. Resolution No. P-94-40 Page 3 Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. 9. The minor 1 use permit shall expire on August 9, 1996 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. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 9th day of August 1994. Don Higginson, May6J~ ATTEST: 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-94-40 was duly adopted by the City Council at a meeting of said City Council held on the 9th day of August .1994, and that it was so adopted by the following vote: A YES: NOES: ABSTAIN: ABSENT: CAFAGNA, EMERY, HIGGINSON NONE NONE CALLERY, SNESKO Marjori~ I~. Wahlsten, City Clerk City of la.ray