ZA Resolution-04-07-01-02ZA RESOLUTION NO. 04-07-1 -2
CONDITIONAL USE PERMIT 04-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
(CUP 04-06) TO ALLOW OUTDOOR LIGHTING FOR A SPORTS COURT.
THE PROPERTY IS LOCATED AT 30721 FOX RUN LANE AND MORE
09 (THAYER RESIDENCE).
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650351-
Whereas, Chris and Ken Thayer, at 30721 Fox Run Lane, San Juan
Capistrano, 92675, are seeking approval of outdoor lighting for a sports court, on an
existing Single-Family residence which is General Plan-designated as Very Low Density
Residential (VLD) and classified as RSE- 40,000 (Single Family) on the Official Zoning Map;
and,
Whereas, the proposed project has been processed pursuant to Section 9-
1.1 I 1 (d)( 1 )(A)(iv), Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), and has issued a
Class 2 (replacement or reconstruction of structures or facilities) Categorical Exemption. A
Notice of Exemption (NOE) will be posted should the project receive final approval; and,
L Whereas, Zoning Administrator conducted a duly noticed public hearing on
June 18, 2004 pursuant to Section 9-2.313 of the Municipal Code 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:
I. The Parks & Recreation Element of the General Plan discusses the importance of
recreation activities in the City and points out that recreational activities contribute to
the quality of life of the City's residents. The proposed conditional use permit to
allow sports court lighting is consistent with the policies, objectives and
recommendations of the General Plan.
2.
L
The applicant is proposing four, 1000 watt metal halide lamps mounted on eight foot
tall poles, to illuminate the sports court. The light fixtures will be directed onto the
sports court, to ensure that direct light does not encroach onto any adjoining
properties. The proposed lighting (fixture and pole) will comply with all the required
standards, since the maximum allowed height for sports court lighting is eighteen
(18'-0") feet. and the applicant is proposing to have a maximum height of eighteen
(1 8'-0) feet. The project proposes to attach four-eight foot poles along the perimeter
10 foot fence of the sports court, providing a total of 18 foot high poles. The
proposed height of the fence is 10 feet and the maximum fence height allowed is 12
feet. Additionally, The light fixtures will be directed onto the sports court, to ensure
that direct light does not encroach onto any adjoining properties. The proposed
project will comply with the provisions of Title 9, Land Use Code.
ZA Resolution 04-07-01 -2 2 July 1 , 2004
u
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby recommends approval of the
project subject to the following conditions of approval:
Conditions of Approval
I. The applicant's building permit plans shall be in substantial compliance with
the Conditional Use Permit site plan and architectural plans, subject to review
and approval by the Zoning Administrator. Any variations shall be submitted
to the Planning Department for review.
2. The applicant shall secure all applicable building permits for construction of
the proposed project as required by the Building Official.
3. Prior to building permit issuance, the applicant shall provide satisfactory
evidence to the Zoning Administrator that all building permit plans have been
reviewed, and approved by the Home Owner's Association (HOA).
4. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery of
materials, supplies or construction equipment shall be conducted in
accordance with the prescribed hours of operation.
Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
5. The proposed lighting fixtures will be restricted to have a maximum height of
eighteen (1 8-07 feet at its highest, which will be measured from the ground
level to the rim of the chamber housing the light bulb.
6. The proposed light fixtures shall be shielded and directed onto the sports
court, to minimize light and glare from properties in the vicinity. The lighting
system shall include an auto-timer cut off switch to be located in the
residence.
7. Prior to final inspection, the applicant shall submit a preliminary landscape
plan that depicts screening along the edge of the sports court and screening
of the light poles from adjacent properties (subject to ZA approval and shall
install all landscaping consistent with the approved landscape plan).
8. The sports court shall not be used after 1O:OO p.m., nor before sunrise daily.
9. The project shall comply with the Noise Standards (Section 9-3.531) of the
Municipal Code.
ZA Resolution 04-07-01 -2 3 July 1,2004
-- EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (I 5) day appeal period without filing of an appeal
application. The appeal period shall expire at 500 p.m., Friday, July 16, 2004.
PASSED, APPROVED AND ADOPTED this 1st day of July, 2004. -* William A. Ramsey, AICP, Z ing dministrator
(C:\MyFiles\Current Planning\CUP\CUP0406 Thayer Sports Court\CUP 04-06 ZAresol July04.wpd)