ZA Resolution-99-02-03-01ZA RESOLUTION NO. 99-2-3-l
CONDITIONAL USE PERMIT 98-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A NEGATIVE DECLARATION,
AND A CONDITIONAL USE PERMIT FOR TO ALLOW AN ILLUMINATED
TENNIS COURT AS AN ACCESSORY USE TO AN EXISTING SINGLE
FAMILY RESIDENCE AT 30652 SHADE TREE LANE, AND AN
EXCEPTION TO PERMIT A 19 FOOT FRONTYARD SETBACK WHERE 30
FEET IS REQUIRED (WANN).
WHEREAS, the applicant, Steven Wann, 30652 Shadetree Lane, San Juan
Capistrano, CA 92675, has requested approval to allow a 1,000 square foot guest house
and illuminated tennis court as accessory structures/uses on an existing single family lot
located at 30652 Shade Tree Lane in the “RA” (small farm) Zone District and “1 .l, Very
Low Density Residential” General Plan designation; and,
WHEREAS, this project has been processed and reviewed in accordance
with the California Environmental Quality Act (1970). The City’s Environmental
Administrator (EA) has reviewed this project and determined that it qualifies for issuance
of a negative declaration; and,
- WHEREAS, the Zoning Administrator conducted a duly noticed public
hearing on February 3, 1999 to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. The proposed tennis court is consistent with the side and rear setback
standards of the Small Farm District; however it does not conform to the front
yard setbacks. The municipal code requires that setbacks be measured from
property lines, or the edge of any private or public access easement. The
applicant is proposing a 19 foot front setback from the edge of Shade Tree
Lane, where 30 feet is required. Approval of this site location will require the
approval of an exception to these standards (Findings 6, 7, and 8).
2. The proposed tennis court is to be located on an existing flat pad, and only
minor additional grading will be required for construction of the tennis court.
The pad was pre-graded in the late 1980’s for the express purpose of
constructing a tennis court and was created with an approximately ten foot
cut on the north and east perimeters of the pad. This cut area will be
shielded from view by the tennis court fence and windscreen.
3. The applicant has proposed a ten foot tall fence with a mesh windscreen
consistent with the standards of the Land Use Code.
ZA Resolution 99-2-3-l -2- February 3, 1999
4. The applicant has proposed eight, eighteen foot tall fixtures, fitted with 1,000
watt metal halide lamps and four sided glare shields. Photometrics supplied
by the applicant indicate a maximum reading outside of the tennis court
fencing of 0.4 footcandles ten feet from the side edge the tennis court, at
thirty feet this value drops to 0.1 footcandles. The photometric study also
indicates a reading of 0.0 footcandles at a distance of ten feet from the ends
of the tennis court.
5. The lighting of a tennis court also has impacts related to noise, resulting from
extended hours of play time. As conditioned, hours of operation will
minimize this impact.
6. The project site is unique in that it has a thirty foot access easement across
its frontage, which contains Shade Tree Lane. As a result, the actual
required distance from property line to setback line is sixty feet
7. The intent of the requirement is being met in the design of the total project
in that the proposed tennis court has been angled so that only a small
portion (thirty feet in width) actually intrudes into the setback area. The
remainder of the court facing Shade Tree Lane (also approximately 30 feet
in width) is located behind the setback line by as much as ten feet, and
therefore the average distance of the end of the court from the edge of the
easement is thirty feet.
8. That there is little potential for the exception to create a negative impact on
surrounding property in that the exception would allow the proposed tennis
court to be located 19 feet from Shade Tree Lane, rather than 30 feet. The
impacts associated with an illuminated tennis court will not differ significantly
with location. Further, the court is located at an angle, so that only a small
portion of the court actually intrudes into the front-yard setback line.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano approves the project subject to the
following condition of approval:
1. The property owner shall be prohibited fro using the tennis court lights or
tennis court between IO:00 pm at night and sunrise. Violation of this
condition may lead to revocation of this permit and removal of the tennis
court lighting.
PASSED, APPROVED AND ADOPTED this 3th day of February, 1999
(C \MyFlles\RE0303 WAN)
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Wilt&m Ramsey, AICP, Zoning A