HomeMy WebLinkAboutResolution No. 5999 ,^ RESOLUTION NO. 5999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL OF CONDITIONAL USE PERMIT #96- 62, FOR
TENNIS COURT LIGHTING ON PROPERTY LOCATED AT 10065 SIDEVIEW
DRIVE, ZONED R1 -10,0 (SINGLE FAMILY RESIDENTIAL).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find,
determine and declare that:
A. An application has been filed by Charles V. Kinstler, 11 (hereinafter
"Applicant ") for a Conditional Use Permit #96-62 for property address as
10065 Sideview Drive (hereinafter identified as the "Subject Property ").
B. The City Council held a duly noticed public hearing on November
12 and November 26, 1996, and after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid public hearing,
adopted Resolution No. 5999 approving Conditional Use Permit #96-62
subject to the attached list of conditions of approval.
ECTION 2. Having considered all of the oral and written evidence presented to
it at said public hearings, the City Council pursuant to the Downey Municipal Code,
further finds, determines and declares that:
A. The requested Conditional Use Permit will not adversely affect the
purpose and intent of this Chapter of the City's General Plan and the
public convenience and general welfare of persons residing in the
neighborhood because the proposed tennis court lights will be located
behind the property's front setback and a minimum of five (5') feet from
the front property line per the approval of Zone Variance No. 96-61.
B. The requested use would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed if this
lighting is properly located and shielded, as required by the conditions of
approval.
C. The size and shape of the site proposed for this use is adequate to
allow for the full development of tennis court lighting while providing
minimum separation from the public street and neighboring property.
Resolution No. 5 999
Conditional Use Permit #96-62
Page 2
1
D. The project will not generate substantial traffic and the lights will not
impose an undue burden upon the streets and highways in the area
because the lights are properly screened to avoid spilling light onto
Downey Sanford Bridge Road.
SECTIQN 3. Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby approves Conditional Use
Permit No. 96-62, subject to the attached conditions of approval, shown in Exhibit "A ".
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of November, 1996. , X.4.A.viduAkom.......
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P = L. Lawrence, Mayor p...-
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dith E. McDonnell, City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Downey at a regular meeting held on the 26th day of November,
1996, by the following vote, to wit:
AYES: 5 Council Members: Brazelton, Boggs, McCaughan, Riley, Lawrence
NOES: 0 Council Members: None
ABSENT: o Council Members: None
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J dith E. McDonnell, City Clerk
Resolution No. 5 9 9 9
Conditional Use Permit #96 -62
Page 3
Exhibit "A"
Conditions of approval
PLANNING
1. This approval is for a conditional use permit to allow the installation of six,
twenty foot high tennis court lights to coincide with the location as
described in condition #1 of Zone Variance # 96-61, for properties
addressed 10065 Sideview Drive, zoned R1- 10,000. Deviations or
exceptions from said plot plan and elevation shall not be permitted without
the approval of the City Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or add
conditions with public notice to assure compatibility with the purpose and
intent of the Comprehensive Zoning Ordinance and to protect the public
health, safety, and general welfare.
3. All conditions of Conditional Use Permit No. 96-62 shall be complied with
--. before this application becomes valid; and all conditions of Zone Variance
#96-61 shall also be part of this approval.
4. The applicant shall provide photometric specifications for the lighting to
ensure the lighting generated does not spill over onto the public right of
way or his neighbors properties, to the standards of the Planning and
Engineering Division.
5. The applicant shall plant and retain perimeter plantings along the north,
south and west sides of this tennis court to mitigate the visual effect of the
10 foot high screen fence around the tennis court. This planting shall be
approved by the City's Design Review Board prior to installation and shall
attain a height of twenty feet or greater within three years of the
development of this tennis court lighting.
6. The use of this tennis court lighting shall be automatically regulated with
timers set to turn off all six lights at 10:00 pm. These lights shall not be
turned on between 10:00 p.m. and 7:00 a.m. of the following day.
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