ZA Resolution-04-12-09-01ZA RESOLUTION NO. 04-12-09-1
CONDITIONAL USE PERMIT 04-1 I
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
TO ALLOW OUTDOOR LIGHTING FOR A TENNIS COURT LOCATED AT
31941 PASEO CIELO AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 649-232-21 (PADDIE RESIDENCE)
Whereas, Kenneth Paddie (31941 Paseo Cielo, San Juan Capistrano
92675) seeks approval of outdoor lighting for a tennis court, on an existing single-family
residence which is General Plan-designated as Low Density Residential (LD) and classified
as RSE- 20,000 (Single Family) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.31 7(e), Conditional Use Permit of the Land Use Code; and,
Whereas, City staff have reviewed the project pursuant to Section 15061 of
the California Environmental Quality Act (CEQA), and have issued a Class 2 (replacement
or reconstruction of structures or facilities) Categorical Exemption. A Notice of Exemption
(NOE) shall be posted upon approval; and, - Whereas, Zoning Administrator conducted a duly noticed public hearing on
December 9, 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:
1. Is the proposed conditional use consistent with applicable policies,
obiectives, and recommendations of the General Plan? 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 sports
court lighting, as conditioned to manage potential off-site lighting impacts will
be consistent with the policies, objectives and recommendations of the
General Plan.
2. Is the proposed conditional use consistent with the purpose and intent of the
zone district in which the use will be located? The purpose and intent of the
Single-Family-20,000 (RSE-20,000) District is to:
(A) Provide for the establishment of residential areas of low density located
and maintained in accordance with the General Plan; and
L- (B) Regulate such areas in order to presetve and perpetuate a spacious,
lo w-density residential character.
ZA Resolution 04-1 2-09-1 2 December 9.2004
The proposed project is located in the RSE-20,000 (Single Family) Zone
District which permits lighting of tennis courts per Section 9-3.501 (e) (4) of the
Municipal Code. The proposed project is consistent with the purpose and
intent of the subject zoning district.
3. Is the proposed use compatible with existing, surrounding land uses, and if
not, are appropriate conditions proposed to minimize or eliminate potential
land use impacts. The existing tennis court is located on a corner lot and is
not directly located adjacent to any neighboring residences. The court is
located approximately 28 feet east of Calle Aspero, approximately 35 feet
from the residential unit to the east, and approximately 78 feet from the
residential unit to the south. The court is enclosed by a 10 foot chain link
fence that is surrounded on the outside by dense landscaping. The existing
court is compatible as designed with the surrounding land uses and does not
pose significant impacts to the neighboring properties.
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4. Will the proposed use complv with all applicable provisions of Title 9, Land
Use Code includinn, but not limited to, parkinq & loadinq, signs, fencing, and
exterior liqhting? Section 9-3.501 (e) (4) of the Municipal Code limits fixtures
and poles to a maximum height of 18 feet. The applicant proposes to install
eight light fixtures mounted on eight poles measuring 17’-5” in height. The
court has an existing perimeter fence that measures approximately 10 feet in
height and is screened with dense landscaping that does not extend above
the fence, which will not screen the light fixtures from adjacent properties.
The applicant shall be required to provide glare shields to minimize any
potential glare onto adjacent properties. The proposed project as
conditioned, shall comply with the provisions of Title 9, Land Use Code.
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
1. 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
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ZA Resolution 04-1 2-09-1 3 December 9.2004
L, materials, supplies or construction equipment 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 holidays
unless waived by the Building Official.
5. The proposed lighting fixtures will be restricted to have a maximum height of
eighteen (18'-0") feet at the highest point, which will be measured from the
ground level to the rim of the chamber housing the light bulb.
6. The proposed eight fixtures/poles shall be installed 35 feet (minimum) from
the Paseo Cielo property line (centerline of Paseo Cielo).
7. 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 which shall override any outside switch and prohibit operation of
the lights during prohibited hours.
8. 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 which shall be subject to Zoning
Administrator review and approval and shall install all landscaping consistent
with the approved landscape plan.
9. The tennis court shall not be used after 1O:OO p.m., nor before sunrise daily.
IO. Prior to the issuance of any building permit, the applicant shall submit to the
Planning Department a photometric study that demonstrates that the lighting
levels shall not exceed 1 footcandle as measured at the property line
common with an adjacent private property.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifleen (I 5) day appeal period without filing of an appeal
application. The appeal period shall expire at 500 p.m., Wednesday, December 24,2004.
PASSED, APPROVED AND ADOPTED this 9th day of December, 2004.
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