Item 1 - MCUP 04-17 Pollakov
TO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
AGENDA REPORT SUMMARY
Honorable Mayor and Member~ ~ City Council
James L. Bowersox, City Mana~
Niall Fritz, Director of Development Services r
March 1, 2005
Minor Conditional Use Permit (MCUP) 04-17; Mr. and Mrs. William Pollakov,
Applicants: A request to permit the installation of tennis court lights on Lot 34, a
residential lot at 14170 Bryce Point, located within the Heritage II development in the
Rural Residential A (RR-A) zone. APN 277-220-34.
ABSTRACT
A Minor Conditional Use Permit is requested to permit the installation of lights at an approved tennis
court on Lot 34, a 6.32-acre site at 14170 Bryce Point, located within the Heritage II development in
the Rural Residential A (RR-A) zone. The project complies, or has been conditioned to comply, with I
all City development standards. The tennis court was approved pursuant to MORA 04-126 on
January 21,2005. The residence and tennis court are currently under construction.
ENVIRONMENTAL REVIEW
The project is exempt from the provisions of the California Environmental Quality Act (CEQA), as a
Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that it involves
the construction of an accessory structure for an existing single-family residence.
FISCAL IMPACT
None.
I
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE !
A Public Notice was published in the Po way News Chieftain and mailed to nine property owners within
500 feet of the project site and the representative of the Heritaqe Homeowners Association. I
RECOMMENDATION
It is recommended that the City Council approve Minor Conditional Use Permit 04-17, subject to the
conditions in the attached proposed Resolution.
ACTION I
I!
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M:lplanningI05reportlmcupI04-17 Pollakovcourt hghtslSUM.doc
March 1, 2005 Item # \
CITY OF POWAY
AGENDA REPORT
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
Niall Fritz, Director of Devel,ment Services I ~
Patti Brindle, City Planner If/'
Peggy Chapin, Contract Pia ner (pc..-
INITIATED BY:
DATE:
March 1, 2005
SUBJECT:
Minor Conditional Use Permit (MCUP) 04-17; Mr. and Mrs. William
Pollakov, Applicants: A request to permit the installation of tennis
court lights on Lot 34, a residential lot at 14170 Bryce Point, located
within the Heritage II development in the Rural Residential A (RR-A)
zone. APN: 277-220-34.
BACKGROUND
The applicant has submitted an application for a MCUP to install lights at an approved
tennis court on Lot 34, a residential building site at 14170 Bryce Point, located within the
Heritage II community. The site is indicated on the Location/Zoning Map, Attachment B.
An unlighted tennis court is being constructed in conjunction with a single-family home
previously approved under MORA 04-126 on January 21, 2005. (See Site Plan and Site
Plan Detail, Attachments C and C1). This MCUP would allow the installation of eight lights
surrounding the tennis court.
As shown on Attachment D, the City Council has previously approved eight Minor
Conditional Use Permit applications for sport court lights (Lots 2, 6,11,14,16,17,26 and
38). Additionally, including the project site, there are six unlighted recreation courts
approved within the Heritage II community as part of Minor Development Review
Applications, as unlighted recreational courts do not require City Council approval.
Section 17.30 of the Poway Municipal Code contains a provision whereby the City Council
may allow installation of exterior lights to a recreation court, subject to a Minor Conditional
Use Permit, subject to the findings in accordance with Section 17.48.070. The Code
permits a maximum of eight lights, eighteen feet in height. The applicant is requesting a
maximum of eight lights for the tennis court.
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March 1, 2005 Item # \
Agenda Report
March 1, 2005
Page 2
FINDINGS
The tennis court is being constructed on the northern portion of the site, in the rear yard, at
an elevation of 780 feet, eight feet below grade. (Attachment E). The tennis court lights will
have limited visibility from Bryce Point and Old Coach Road since there are large areas of
preserved open space fronting the two roadways, additional landscaping will be installed
along the perimeter of the tennis court, and the court is situated behind the residence and
at an elevation eight feet below grade.
The surrounding properties include Lots 32 to the north, Lot 31, and Lots 10, 11, and 12,
fronting Old Coach Road (see Attachment C, Surrounding Land Use). The residential pad
for Lot 31 is over 400 feet away and the lots that front Old Coach Road are over 450 feet
away. Dedicated open space separates the pad and tennis court of Lot 34 from the
neighboring properties to the west, Lot 31 and Lots 10, 11, and 12, to the east.
The court lights may be visible from the adjacent property to the north, Lot 32, since the
tennis court is located 13 feet from the property line. A single-family home is under
construction on Lot 32 (approved through MORA 03-95) at an elevation of 780 feet. The
residence under construction will be located over 50 feet from the property line. The
garage and auto court will be located adjacent to the tennis court of the subject site, while
the swimming pool and exterior activities will be located to the north of the residence
fronting Heritage Drive. Since the lights, as proposed, will be shielded and the light will be
directed towards the court, the court and lights will be eight feet below grade, and the
residence is over 50 feet away from the property line, the proposed tennis court lights
should not impact the residence on Lot 32. Additionally, as a condition of approval, dense
landscaping will be required along the court and lights, adjacent to Lot 32.
The applicant is requesting approval to install a maximum of eight high-pressure sodium
lights (Attachment F). The light fixtures will comply with the City's 18-foot height limitation.
The type of lighting proposed is up to 1,OOO-watt, high-pressure sodium lights, consistent
with the Poway Municipal Code Section 17.30.020.H.
The findings required to support the approval of MCUP 04-17, could be made based on the
fact that the location and design of the lighting will not adversely affect neighboring property
owners to the east, south, or west. Dense landscaping adjacent to the neighboring
property owner to the north, Lot 32, is a requirement of the Condition of Approval. The
applicant will need to obtain approval on the type of landscaping to be installed, prior to the
issuance of a Building Permit.
As a Condition of Approval, and as required by the Zoning Ordinance, the applicant must
provide information demonstrating that, with the installation of solid metal shielding added
to the fixtures, the distribution of light from the proposed fixtures will not occur beyond the
boundaries of the property and will not increase the ambient light beyond 10 feet from the
edge of the court more than one-halffoot-candle. Attachment F shows the type of lighting
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March 1, 2005 Item # \
Agenda Report
March 1, 2005
Page 3
fixture proposed. The 1,OOO-watt, high-pressure sodium lights that are permitted by the
Zoning Ordinance will help to minimize light pollution in this neighborhood.
Additionally, the Conditions of Approval require that the applicant provide certification that
the lighting will not shine on the adjacent properties and will only be used between 7:00
a.m. and 10:00 p.m. To prevent the lights from accidentally being left on, a timer is
required to be installed that will automatically shut off the lighting at 10:00 p.m.
Conditions of Approval for MORA 04-126, a proposal to construct a single-family residence
and tennis court on Lot 34, include a requirement that the applicant install dense
landscaping between the fence and property line, and in front of the court where it may be
visible from the Bryce Point and Old Coach Road. Therefore, in order to screen the light
standards, additional landscaping will be required along the tennis fencing as a condition of
the approval.
ENVIRONMENTAL REVIEW
The project is Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 of the
CEQA Guidelines, in that it involves the construction of an accessory structure for an
existing single-family residence.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A public notice was published in the Poway News Chieftain and mailed to nine property
owners within 500 feet of the project site and the representative of the Heritage
Homeowners Association.
RECOMMENDATION
It is recommended that the City Council approve Minor Conditional Use Permit 04-17,
subject to the conditions listed in the attached proposed Resolution.
Attachments:
A. Proposed Resolution
B. Location/Zoning Map Site Plan
C. Site Plan
C1. Site Plan Detail
D.
E.
Surround Land Use
Heritage II - Building Pads
and Elevations
Lighting Exhibit
F.
M:\planningI05eport\mcupI04-17 Pollakov tennis IightslAGENDA.doc
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March 1, 2005 Item # ---L-
Resolution No. P-
Page 2
residence is over 50 feet from the property line, the lights are proposed to be
shielded, and dense vegetation, required by the Conditions of Approval, will screen
the court lights. Therefore, the location, size, design, and operating characteristics of
the proposed use will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources.
C. The light standards for the tennis court are limited to a maximum of eight lights and
a maximum height of 18 feet. Therefore, the harmony in scale, bulk, coverage, and
density of the project is consistent with adjacent uses.
D. There are public facilities, services, and utilities available.
E. The proposed lighting will be directed within the project boundaries and it will be
softened by landscaping to reduce visibility of the lights from the surrounding
properties. The lighting will further be shielded by screening on the tennis court
fencing. Therefore, there will be no harmful effects upon desirable neighborhood
characteristics.
F. The project is located on a 6.32-acre parcel at the northwest corner of Old Coach
Road and Bryce Point. The tennis court is situated within the rear yard, over 280
feet from Old Coach Road and 320 feet from Bryce Point. The residence will restrict
view of the court from Bryce Point and the landscaping and native vegetation within
the open space will restrict views from Old Coach Road. While the residence to the
north on Lot 32 will be over 50 feet from the property line, dense landscaping will be
required to screen the court and lights, and the court is located eight feet below
grade. Therefore, the site is suitable for the type and intensity of use or development
that is proposed.
G. The project is limited in scope; therefore, there will be no significant harmful effects
upon environmental quality and natural resources.
H. The proposed use is an allowable accessory use in the RR-A zone. Therefore, the
impacts, as described above, the proposed location, size, design, and operating
characteristics of the proposed use, and the conditions under which it would be
operated or maintained, will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, nor be
contrary to the adopted General Plan; and
I. That the proposed conditional use will comply with each ofthe applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves MCUP 04-17, for the installation of a
maximum of eight tennis court lights on Lot 34, a residential Jot located at 14170 Bryce
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March 1, 2005 Item #
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-17,
A REQUEST TO INSTALL TENNIS COURT LIGHTS ON LOT 34,
A RESIDENTAL LOT LOCATED AT14170 BRYCE POINT,
WITHIN THE HERITAGE II DEVELOPMENT,
IN THE RURAL RESIDENTIAL A ZONE
ASSESSOR'S PARCEL NUMBER 277-220-34
WHEREAS, Minor Conditional Use Permit (MCUP) 04-17 was submitted by Mr. and
Mrs. William Pollakov, Applicants, to permit the installation of court lights at an approved
tennis court and residence under construction at 14170 Bryce Point, within the Heritage II
development and zoned Rural Residential A (RR-A); and
WHEREAS, on March 1, 2005, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as
follows:
Section 1: The City Council finds that MCUP 04-17 is exemptfrom the provisions of the
California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption,
pursuant to Section 15303 of the CEQA Guidelines, in that it involves the construction of an
accessory structure for an existing single-family residence.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, to approve MCUP 04-17, to permit the installation of court lights at a tennis court
approved through Minor Development Review Application (MORA) 04-126, on a 6.32-acre
residential lot at 14170 Bryce Point, within the RR-A zone, are made as follows:
A. The design of the proposed tennis court lighting will meet the required lighting type,
height limit, and operating hours, and will otherwise comply with all of the relevant
Codes and standards of the City of Poway. The proposed use is considered to be
an allowable accessory use in the zone, with the approval of a Minor Conditional
Use Permit. Therefore, the proposed location, size, design, and operating
characteristics of the proposed use are in accordance with the title and purpose of
Section 17.48.070, the purpose of the zone in which the site is located, the General
Plan, and the development policies and standards of the City.
B. The location and design of the proposed tennis court lighting will not create a
negative visual impact on surrounding properties as the tennis court is situated at
the end of a cul-de-sac. Lights will not be visible from Lots 10, 11, and 12 as the
residence and large open space areas of native vegetation slope will screen it from
view. The court lights will not impact the residence on Lot 32 to the north, since the
5 of 17
ATTACHMENT A
March 1, 2005 Item # --.L..
Resolution No. P-
Page 3
Point, within the RR-A zone, as shown on the plans dated December 13, 2004, subject to
the following conditions:
A. Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all Sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval:
1. The applicant shall submit in writing that all conditions of approval have been
read and understood.
2. The property owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
D. The conditions of MCUP 04-17 shall remain in effect for the life of the subject tennis
court and tennis court lighting, and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner.
E. Prior to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
2. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
3. The site shall be developed in accordance with the approved site plan on file
in the Development Services Department and the conditions contained
herein. Grading of the lot shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading practices acceptable to the City. All components of
the tennis court/lighting installations (including footings) are entirely outside
the easement on-site.
4. Pursuant to Section 17.30.020.C of the Poway Municipal Code, the applicant
shall submit lighting plans that reflect that the lighting will be shielded from
the adjacent properties, to the satisfaction of the Director of Development
Services.
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March 1, 2005 Item # \
Resolution No. P-
Page 4
5. Pursuant to Section 17.30.020.E ofthe Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that the support posts, light poles, and fixtures will be painted a dark non-
reflective color so as to reduce their overall visibility.
6. Pursuant to Section 17.30.020.F of the Poway Municipal Code, the building
plans shall depict, to the satisfaction of the Director of Development Services,
that dense evergreen screening landscaping will be installed the tennis court
visible from the road and along the interior property line to screen the lights
from Lot 32, the adjacent property to the north, so as to restrict visibility ofthe
light poles. .
7. The building plans shall depict, to the satisfaction of the Director of
Development Services, that lighting is on a timer of limited duration designed
to prevent the lights from accidentally being left on and automatically shut off
at 10:00 p.m.
8. Light standards height shall not exceed 18 feet. Lighting fixtures shall be a
maximum of 1,OOO-watt, high-pressure sodium as required by Section 17.30
and shall be maintained for the life of the project. Metal halide lighting is
prohibited.
F. Prior to obtaining a final inspection on the Building Permit, the applicant shall comply
with the following:
1. The tennis court lights shall be developed in accordance with the approved
plan on file in the Development Services Department and the conditions
contained herein. A final inspection from the appropriate City Departments
will be required.
2. The applicant shall provide a certification by a lighting contractor that all
lights and light fixtures have been designed, constructed, mounted, and
maintained such that the light source is cut off when viewed from any point
above five feet measured at ten feet from the edge of the court. The lighting
contractor shall certify that all light fixtures have been designed, constructed,
mounted light shields installed, and maintained such that the maximum
illumination intensity measured at the property line shall not exceed one-half
foot-candle above ambient light levels.
G. Upon installation of the tennis court lights, pursuant to MCUP 04-17, the following
shall apply:
1. Pursuant to Poway Municipal Code (PM C) Section 17.30.020.C.3, the tennis
court lighting shall be used only between 7:00 a.m. and 10:00 p.m., and an
8 of 17
March 1, 2005 Item # \
Resolution No. P-
Page 5
automatic timer shall be programmed to automatically shut the lights
off at 10:00 p.m.
2. The required landscaping has been installed along the tennis court fence
where visible from adjacent and surrounding properties, and said
landscaping shall be maintained in a flourishing manner, to the satisfaction of
the Director of Development Services.
3. The light standards are limited in number, size, height, and light shields,
which shall meet the requirements for shielding the light fixtures. The
maximum height of lights shall not exceed 18 feet from grade. The applicant
shall comply with the required maximum 1,OOO-watt, high-pressure sodium
lighting fixtures pursuant to PMC Section 17.20.020.G, and shall be
maintained to the satisfaction of the Director of Development Services.
Section 4: The approval of MCUP 04-17 expires on March 1,2007, at 5:00 p.m. unless,
prior to that time, a Building Permit has been issued, and construction on the property in
reliance on the MCUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1 st day of March 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
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March 1, 2005 Item # --L-
Resolution No. P-
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk ofthe City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. , was duly adopted by the City
Council at a meeting of said City Council held on the 1 st day of March 2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
M:\planning\05report\mcup\04-17 Pollakov court Iights\RESO.DOC
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March 1,2005 Item # l
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CITY OF POWAY
ITEM: MCUP 04-17
SCALE: N.T.S. 9
TITLE: ZONING/LOCATION MAP
11 of 17
ATTACHMENT B
March 1, 2005 Item # I
12 of 17
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SITE PLAN
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ATTACHMENT C
March 1, 2005 Item # 1
SITE PLAN DETAIL
LOT 34 - HERITAGE II
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GARAGE/MECH: I 975 SF
TOTAL: 9,322SF
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SCALE: 1/10" "'1'.{)"
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13 of 17
ATTACHMENT C1
March 1, 2005 Item # --L
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BUILDING PAD AND ELEVATIONS
LOT 34 - HERITAGE II
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ATTACHMENT E
March 1, 2005 Item # -L
PROPOSED LIGHT FIXTURES
LOT 34 - HERITAGE II
16 of 17
ATTACHMENT F
March 1, 2005 Item # \
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LISTED
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Dimensional Drawings
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J.t.d for wet lao.tlona
11 Center Court Standard housings are manufactured using
Ichnologlcally advanced computer numerical control (CNC) machinery.
recision sheared and formed. .080 gauge, corrosion re.slstant aluminum.
II external hardware Is stainless steel.
he computerized (CNC) machinery enables all Center Court Standard
Jusings to be constructed quickly, efficiently.
he door assembly is also (CNC) precision sheared and formed from .080
:)fJ'OsSon resistant aluminum.
The optical system Is (CNC) cut and bent, providing precise and consistent,
multi-faceted, 95 percent reflective systems for IES types I, II, III, IV, and V.
The finish is a Quall-Guaroe textured, chemically pretreated, electrostatically
applied, thennoset, polyester powder coat paint.
The standard mounting arm, for the Center Court tennis luminalre, Is our easy
mount, slip--fitarm. This arm Is designed to slip over a rectangular mounting bracket,
and Is then secured by two set screws.
Ballast Is factory wired and tapped to voltage specifications. All ballasts are CWA
or HPF regulating auto transformers, available in MH, HPS, and energy efficient
Pulse Start MH.
he lens Is a clear, tempered, flat glass, secured by aluminum lens retainers and
ealad with form fitting silicone gasketing.
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Options
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Model No. Optics Wattage Source
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(T4) (1000) (M)
WCCS-2 0400 [J PS
(400)
(P)
Voltage
Mounting
Finish
Options
0120 %Bolt-on Arm o Green o Photo Cell
(1) (BOA) /0" (GN) (PC)
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0208 o Slip-Fit Arm o Black o Quartz Restrike
(2) (SFA) (BK) (QR)
0240 o DavilArm o White o Back Shield
(3) (DA) (WH) (BS)
0277 o Knuckle Mount o Custom o 4 Sided Shield
(4) (KM) (CC) (4SS)
0480 o Wall Mount o Bird-B-Gone
(5) (WM) (BBG)
o M.Tap o Single In-Line Fuse
(6) (SF)
o Doubie In.Line Fuse
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217 East 157th Street, Gardena, California 90248
Ph (310) 5 -. ~ "n_
www. March 1,2005 Item #---1-