Res P-99-65RESOLUTION NO. P-99-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99-04
ASSESSOR'S PARCEL NUMBER 277-201-20
WHEREAS, Minor Conditional Use Permit 99-04, submitted by Mc Cullough-Ames
Development, Applicant; and Kelly and Laurie Burr, Owners, requests approval to install
eight lights to an existing approved tennis court located at 14385 Ciera Court, the Old
Coach Golf Estates Planned Community zone; and
WHEREAS, on August 31, 1999, the City Council held a hearing on the above
:1 item.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on th date of
this resolution and any such protest must I; that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that this project is not subject to the California E
Quality Act in that it is categorically exempt (Class 3) because a lighted tennis court
is considered to b ¥ use to a single family home.
Sectior
The approved project is consistent with the general plan in that a lighted
tennis court is considered to be an accessory use for a single family
residence in the Planned Community (PC) zone.
That the approved development will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining properties, in that the
landsca installation, lighting design and court I allow the tennis
court to e compatible with and screened f :ling properties.
That the pproved development is in compliance with the Zoning Ordinance,
in that it complies with lighting standards, and all other property development
standards of the Planned Community (PC) zone.
o
That the approved development encourages the orderly and h
apl: : structures and property within the City, in that all surrounding
~-- Resolution No. P- 99-65
Page 2
o
proped' :ler tl~ ' g designation as the subject lot and are
to be developed as single family residences.
That there will not be significant harmful effects Ul: quality
and natural in that the project is considered an accessory to a
single family residence, and conditions of approval for the project requiring
landscal; ;] and limited hours of operation for the tennis court lights
will mitigate potential negative impacts.
The City Council hereby approves Minor Conditional Use Permit 99-04 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.
Th :litionally 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 recreational uses.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING DIVISION.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department, Planning Division, and the condir :1
herein.
Revised site plans and building )orating all conditions of approval
shall be submitted to the Development Services Department, Planning Division,
prior 1 = building permits.
Approval of this request shall not
Ord' -1 all other applicable City Ord'
permit issuance.
31lance with all f the Zoning
rfect at the time of building
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Resolution No. P-99-65
Page 3
o
Code, and all other applicable codes and ord
P
~ect at the time of building
This approval shall I: I and void if building I;
project within two years from the date of project approval.
not issued for this
A :eight lights shall be permitted of a height not to exceed 18 feet. All
lights and light fixtures shall be certified by a qualified lighting engineer to:
Be designed, : :1, mounted, and ~ ' :1 such that the light
loft when viewed from any point above five feet measured at ten
feet from the edge of the court.
Be designed, :1, mounted and maintained such that th
illumination intensity measured at the property line shall not exceed one-half
candle foot above ambient levels.
Said certification shall be provided to the Development Services Department,
Planning Division, pdor to th : permit for the tennis
court lighting.
d. Light fixtures are restricted to one thousand watt high-p
Jium.
Hours of operation for court lights shall be restricted to the period between 7:00 a.m.
and 10:00 p.m.
A landscape and irrigation plan for the area between the tennis court fence and
property line shall be submitted to the Development Services Department, Planning
Division 1' :1 approval prior to th ! permit for the
tennis court lights. The landscaping shall consist of fast growing everg 3y
type trees, planted one each adjacent to light poles as to ob ithe pole
and light from neighborhood properties. D ;] planting is required to be
installed in the setback area adjacent to the outside of the court fencing, to the
satisfaction of the Director of Development Services. Installation of all landscaping
and irrigation shall occur prior to final inspection.
The surface area of the court shall be painted a color that reduces the reflection
from any light incident thereon.
10. Comply with all conditions for MDRA 99-50.
Resolution No. p-99-65
Page 4
11. Ob
court.
five foot (5') setback from the top or toe of slopes to the tennis
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 31st day of August 1999.
Mic~Yor
ATTEST:
~-LLor~ An~e P~eoples,
City CleYk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P-99-65 was duly adopted by the
City Council at a meeting of said City Council held on the 31st day of August, 1999 and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
L~oH ~e Fe~o pies, City~Cl~'
City of Poway
NOTICE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 31, 1999, REGULAR MEETING OF
THE POWAY REDEVELOPMENT AGENCY OF THE CITY OF POWAY, CALIFORNIA,
WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER:
ORDER
Upon motion by Director Rexford, seconded by
Director Higginson, Chairman Cafagna ordered
the meeting adjourned to
Thursday, September 2, 1999
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 9:36 p.m.
Lon Anne Peoples, Secret~ry
Poway Redevelopment Agency
Dated: September 1, 1999
CERTIFICA
The undersigned does hereby certify under penalty of perjury, that a copy of the above
notice was posted the door of the City Council Chambers, the place
designated for reg ' ds of the Poway Redevelopment Agency at
approximately 10:00 a.m.
Dated at Poway, California, on September 1, 1999
nne Peoples, Secretary,
Poway Redevelopment Agency
NO TICE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 31, 1999, REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED
PURSUANT TO THE FOLLOWING ORDER:
ORDEI IT
Upon motion by C 3er Rexford
seconded by C 3er Higginson,
Chairman Cafagna ordered the meeting
adjourned to
Thursday, September 2, 1999 at 6:00 p.m.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 9:36 p.m.
Anne Peoples, City Cl~r~
Dated: September 1, 1999
The undersigned does hereby certify under penalty of perjury, that a copy of the above
posted the door of the City Council Chambers, the place
designated for regular meetings of the City Council at approximately 10:00 a.m..
Dated at Poway, California, on September 1, 1999
nne Peoples, City Cldrk