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Item 3 - DR 97-16R SYSCO TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: Niall Fritz, Director of Development Services r DATE: February 8, 2005 Distrilo .ted: February 4, AGE~OA REPORT SU~IIVlARY c> o SYSCO F SUBJECT: eve opment Review 97-16R, ood Service, Aoolicant ABSTRACT SYSCO Food Service is requesting a modification to their Development Review Permit and a Lighting Exemption Permit to replace existing low-pressure sodium light fixtures at their Kirkham Road facility truck loading area with high-pressure sodium light fixtures (Attachments C and D). The brighter high-pressure sodium lighting is requested to promote pedestrian and vehicle safety in the truck loading/staging area during nighttime operations (Attachment E). Staff believes that a viable alternative to the requested high pressure sodium lights is that SYSCO install additional low- pressure sodium lights at strategic locations in the truck staging area on the main building and the fuel/maintenance building, as well new low pressure sodium pole lights along the periphery of the lot to increase illumination and visibility. Therefore it is recommended that the City Council deny the request for approval of a Light Exemption Permit subject to the findings in the attached Resolution of Denial. 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 conversion of existing small accessory structures. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A Notice of Public Meeting was mailed to 33 adjoining property owners and, pursuant to the South Poway Specific Plan noticing requirements, to property owners on Creek Road. RECOMMENDATION It is recommended that the City Council deny Development Review 97-16R and a Lighting Exemotion Permit, subiect to the findinas in the attached orooosed Resolution of Denial. ACTION Item continued to March 1, 2005. 4-0, with Councilmember Rexford disqualified. ~~ Clerk Sherrie D. Worrell, Deputy City "2 fJJ:\ lannin \05re ort\dr\dr9716r s co\sum.doc I, ",VUi;J ."",,"'''"" p 9 P 1 of 11 ys February Pl2005 Item # 8 TO: FROM: INITIATED BY: DATE: SUBJECT: BACKGROUND CITY OF POWAY AGENDA REPORT Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Niall Fritz, Director of Development servicesjp Patti Brindle, City Planner 4Ir' Carol Rosas, Associate PIJnner~ February 8, 2005 Development Review 97-16R, SYSCO Food Service, Applicant: A request for a modification to the Development Review Permit and a Lighting Exemption Permit to allow replacement of low-pressure sodium light fixtures with high-pressure sodium light fixtures in the truck loading area of the SYSCO Food Service facility when the South Poway Specific Plan standards require the use of low-pressure sodium lighting. The property is located at 12180 Kirkham Road within the South Poway Planned Community zone. The land use designation of the property is Light Industrial. The industrial and commercial development standards of the South Poway Specific Plan require that lighting in parking lot areas be shielded low-pressure sodium fixtures mounted on poles that do not exceed 25 feet in height. The purpose of this standard is to minimize night light glare and impacts. SYSCO Food Service is requesting a Lighting Exemption Permit approval to replace 17 existing 250-watt, low-pressure sodium light fixtures at their Kirkham Road facility truck loading area with 17 new 250-watt, high-pressure sodium light fixtures (Attachments C and D). While the South Poway Specific Plan does not address a lighting exemption process, Section 17.1 0.150.H of the Poway Municipal Code provides for the City Council to issue such exemption permits on commercial properties where the Council finds that unusual circumstances dictate the use of brighter lighting for safety reasons. Where the Specific Plan is silent, the Municipal Code applies. Ordinance 484 to permit high-pressure sodium lighting for safety purposes was approved by the City Council and became effective in January 1998. The Ordinance recognizes the City's long-standing (20 years) commitment to the Palomar Observatory to be supportive of the research activities undertaken at the facility by having codes that restrict exterior lighting other than low-pressure sodium between the hours 11 :00 p.m. and dawn. However, because of a paramount concern for the safety of Poway citizens and visitors, Ordinance 484 was approved. 2 of 11 March 1, 2005 Item # 3 February.82005 Item # s Agenda Report February ~, 2005 Page 2 Since the approval of Ordinance 484, only a few Lighting Exemption Permits have been approved by the City Council (Circle K on Twin Peaks Road near Espola Road and the 7- 11 convenience store on Garden Road), and then only after it was clearly documented that it was necessary for safety purposes and no other alternatives were available. A permit was also approved for the A TM machine at Washington Mutual Bank on Poway Road near Pomerado Road pursuant to lighting requirements imposed by Assembly Bill 244, which requires bright lighting for ATMs. FINDINGS SYSCO's Reasons for Liqhtinq Exemction Request The Poway SYSCO Food Service operation is an around-the-clock food distribution facility. Trucks load and unload merchandise continually 24 hours a day with constant truck movement occurring between the hours of 4 p.m. and 6 a.m. The truck loading shuts down briefly on Saturday evenings from approximately 5 p.m. to early Sunday mornings. The brighter high-pressure sodium lighting is requested to promote pedestrian and vehicle safety in the busy truck loading/staging area during the nighttime operation (Attachment E). SYSCO has advised that the Poway facility has experienced some vehicle accident incidents that have resulted in equipment damage. The incident reports cited poor lighting as one of the contributing factors to the accidents. SYSCO is hopeful that the proposed high-pressure sodium lighting will improve traffic safety through greater illumination and visibility. Possible Alternative That Addresses Goal to Decrease Accident Incidents in Truck Loadinq Area The reported purpose of SYSCO's Lighting Exemption request is to decrease/eliminate accident incidences in the truck loading area. If other options are available which address decreasing accident incidences, yet allow compliance with City light standards as well as other standards, then those options should be undertaken rather than approval of a Lighting Exemption Permit. Staff believes that a viable alternative to the requested high pressure sodium lights would be if SYSCO installed additional low-pressure sodium lights at strategic locations in the truck staging area on the main building and the fuel/maintenance building, as well as new low-pressure sodium pole lights along the periphery of the lot. The additional low-pressure lights would increase the illumination level and visibility in the truck loading area, yet allow the project to comply with City lighting standards. The less intense, yellow-colored low- pressure sodium lights would also not light up the night sky to the same degree as high- pressure sodium lights. It is therefore recommended that SYSCO's request for a Lighting Exemption Permit be denied. 3 of 11 March 1, 2005 Item # 3 February 8 2005 Item # 8 Agenda Report February 8, 2005 Page 3 Site Visibilitv from Surroundina Areas The subject property is located at 12180 Kirkham Road along the western ridge of the South Poway Business Park. Direct visibility of the existing low pressure sodium lights in the truck loading area (that are proposed for change out to high-pressure sodium lighting) is, from a distance, approximately one mile from the Poway and San Diego residential neighborhoods that are located at the top and on the hillsides of the hills located just west of Pomerado Road (Rolling Hills Estates/Poway, Scripps Ranch North/San Diego, and southeasterly limits of Sabre SpringslSan Diego). The truck loading/staging area is screened from view by the SYSCO building and topography from the adjacent industrial properties located east, south, and north of the subject site. ENVIRONMENTAL REVIEW The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuantto Section 15303 ofthe CEQA Guidelines, in that it involves the conversion of existing small accessory structures. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE A Notice of Public Meeting was mailed to 33 adjoining property owners and, pursuant to the South Poway Specific Plan noticing requirements, to property owners on Creek Road. RECOMMENDATION It is recommended that the City Council deny Development Review 97-16R for a Lighting Exemption Permit according to the findings in the proposed Resolution of Denial (Attachment A). Attachments: A. Proposed Resolution B. Land Use and Location Map C. Site Plan D. Partial Site-Lighting Plan E. Letter from SYSCO dated November 2, 2004 M:\planning\05report\dr\dr9716R sysco\Sysco.agenda.doc 4 of 11 March 1, 2005 Item # 3 February 8, 2005 Item # 8 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING DEVELOPMENT REVIEW (DR) 97-16R ASSESSOR'S PARCEL NUMBERS 317-270-56 WHEREAS, DR 97-16R, submitted by SYSCO Food Service, requesting approval for a revision to the Development Review Permit and a Lighting Exemption Permit to allow replacement of low-pressure sodium light fixtures with high-pressure sodium light fixtures in the truck loading area of the SYSCO facility located at 12180 Kirkham Road within the South Poway Planned Community zone, within the South Poway Planned Community zone; and WHEREAS, on February 8, 2005, the City Council held a public meeting 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 proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the conversion of existing small accessory structures. Section 2: The findings, in accordance with Section 17.52.010 of the Poway Municipal Code, to deny DR 97-16R, a request for approval for a revision to the Development Review Permit and a Lighting Exemption Permit to allow replacement of low pressure sodium light fixtures with high pressure sodium light fixtures in the truck loading area of the SYSCO facility located at 12180 Kirkham Road, are made as follows: A. That the proposed replacement of low pressure sodium parking lot lights with high-pressure lights would be inconsistent with Goal 1, Policy I of the Poway General Plan which states that "lighting should provide for public convenience and safety but not conflict with the rural nature of the community", and the installation of high-pressure sodium lights would be in conflict with the General Plan by promoting a lighted urban environment rather than the "City in the Country" atmosphere which would be characterized by a natural dark evening sky. B. That the proposed replacement of low-pressure sodium parking lot lights with high-pressure sodium lights would have an adverse affect on the aesthetics, health or safety on surrounding residential properties in that a great part of the ambiance and aesthetics of Poway as the "City in the Country" is an expectation of preservation of the rural, natural setting which includes a dark evening sky. 5 of 11 ATTACHMENT A March 1, 2005 Item # ~ February 8, 2005 Item # Resolution No. P- Page 2 C. That the proposed replacement of low-pressure sodium parking lot lights with high-pressure sodium lights would not encourage the orderly and harmonious appearance of structures and property within the City, in that the appearance of high-pressure sodium lights on the highly visible ridge of the Business Park is not consistent and in harmony with development in the area where low- pressure sodium and low impact lighting has been used. Section 3: The City Council hereby denies DR 97-16R, a request for approval for a revision to the Development Review Permit and a Lighting Exemption Permit to allow replacement of low-pressure sodium light fixtures with high-pressure sodium light fixtures in the truck loading area of the SYSCO facility located at 12180 Kirkham Road. PASSED, ADOPTED AND DENIED by the City Council of the City of Poway, State of California, this 8th day of February 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- duly adopted by the City Council at a meeting of said City Council held on the 8th day of February 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: M:\planningI04reportldrldr g716r syscolreso of denial.doc L. Diane Shea, City Clerk City of Poway March 1, 2005 Item # 3 February 8, 2005 Item # 8 6 of 11 in "" () oc .:; In u Z W oc os <(<(>-1 -'OCw -'OOC w-' 1= "- -' VJ W W LI :,...----.---- ~-RM IP LI KI KI L -~ -- -- Q- - , CITY OF POWAY OS 1/DU ITEM: DR 97-16R SCALE: N.T.S. 9 TITLE: ZONING/LOCATION MAP 7 of 11 ATTACHMENT B February 8, 2005 Item # 8 , ~"""'+_.'-' - - ~ iii I"'.'... , fi'< , ~t+- --. II ~~l l II : i II ' : " h..-i I' ., . " ,,! I: ~~! -1.1, ~ ! II ~ . " w ! -:J " ! ,),:, 5; I (' . I: , -! " ,'~! , ,I ~i I, >, ~ ::t.! 'I i : : , , // ) // /' /' ./' Y / '/'/ .,/' .' / -;/ J/ t>'-/'-' / " " " " " " " " , " " " / .' /' .,/ ,,/ ,)/ , .~ . / fi,'f./ '/ .../" . / (~i 8 of 11 ATTACHMENT C February 8, 2005 Item # '"" j ~ II h I ~ hI! ~IU hH . Ii. Iii 4/1 I ~ ~ ~ v; 8 'jr I ,---'-----------. I : II I ~~" ~ I' I,~ I" . ili J . ~- -GfJ , , "', . : _. .~.J '; I ..,..,.., ~[11 I I ! I ", (-I I I' I ", .. / / "', \ J' / II '. '" "--- I I I '" ~0 ~ ?-:;- "--- . I' I i '" 1 . -L.. -----~_~ .. --- ~. / '" " -..J _ - ____n___ -~- -- -~~- -- -... . I / ".__ =-===' ---~ --- --------":'------------ ----E::! I I~-,'~ I?: I=?"' - -- - ~~ - _ ''''- 1.-.- IIIIY=.11U....O ~'t"'_~ ~ L(j) , > ~~~ . . - t!=~ . .A\ EN\o1RONMENTAL ... SlRUClURES. INC. - __._w_.___ '..:1 i. ;,; ,,1,',11'1 , :,'~::~':rt 1:1r".:, 1;1::( I r, 01;:;:' i~;,; 1;i i E PLAN I'I.A/te:HfCl( GDNS - - --.--.....-- -.- .- -* -., - ..-.....-.---- o IY\clicaks EXistlnj ~OW \1e~(e SDdtum U0hTI Worvsed FW t\eplC/cetY'en1- 'With trr'jh Pressu.re. SoctlLAW\ !-fShtS 9 of 11 ATTACHMENT D March 1, 2005 Item # 3 February 8, 2005 Item # 5 . SYSCO Food Services of San Diego, inc. 12180 Kirkham Rd. Poway, CA 92064 (858) 513-7300 , November 2, 2004 Carol Rosas, Associate Planner, City of Po way 13325 Civic Center Drive Poway, CA 92064 Dear Ms. Rosas, I appreciate the opportunity to provide additional information regarding our request for a variance in replacing our existing low-pressure sodium (LPS) lighting with high-pressure sodium (HPS) lighting. In my letter of October 12, 2004 I indicated our primary reason for requesting the variance is one of safety for our employee's working the night shift. Since opening in November of 1998 our business has nearly tripled. This means we are moving triple the amount of equipment at night in our truck parking and staging area. Our approach to safety is a proactive one where we strive to determine where accidents may occur and take steps to mitigate the environment before an accident happens. In our truck parking and staging area we have personnel on foot and personnel in and out of the tractors and trailers for cleaning, fueling, repairs, etc. All employees in the lot are required to wear reflective vests. While the reflective vests are designed to make the personnel wearing them easier to see at night, light on the vests is an essential element to make them effective. Since the majority of staging our equipment is done while backing the equipment up, there is no light on the vests other than the light coming from the current LPS lighting. The candle power emitted from the LPS lighting is too low to make the vests visible without lighting from the tractors headlights. We have tried orange, red and blue vests and are currently using lime green vests in an attempt to find the most effective color for the current lighting conditions. As I mentioned before our approach to safety is a proactive one. The accidents we have had at night in our lot have resulted in equipment damage only. I would be overstating if I said these accidents were due to the lighting conditions only. Our personnel are required to exit the tractor and look at the environment on both sides and behind the trailer before a backing maneuver. In some cases this was not done. In other cases it was done and we still incurred equipment damage. In completing the accident reports the personnel involved cited poor lighting as a contributing factor. While we have been fortunate to avoid any bodily injury accidents we track "near- misses" in our safety program. These near-misses are scrutinized heavily to determine where we can improve our safety training and the environment our employees work in. 10 of 11 ATTACHMENT E March 1, 2005 Item # 3 February 8, 2005 Item # 8 Again, I cannot attribute the near-misses we have had solely to the lighting conditions in our lot but I can say that in each case the employee operating the equipment at the time cited poor lighting as a contributing factor. The fixture we are asking the city for permission to use is a 250 watt (HPS) lamp. It was developed to meet the needs of urban freeway conditions, where light trespass beyond the freeway into residential property was an issue. The fixture uses segmented reflectors which cut glare, meeting IES (Illumination Engineering Society) roadway types II, III and IV which demand sharp cut-off. There is very little spillage of light (light pollution) beyond the directed beam, as is shown in the photometric plans provided. This type is in use by many State Highway departments in dense urban freeway applications, where uniform, bright light is important for safety, but light spillage is a concern. However, the lamp (or "bulb") we are proposing is much lower in wattage than a typical HPS lamp, about half the strength of a freeway grade lamp (400 watt). SYSCO Corporation, in its 128 facilities across North America, has had much success with this type offixture. The low-pressure lamps currently in use in our Poway facility do not provide the safety we, and the employees who work in the night environment, are used to. These fixtures are an important part to SYSCO's commitment to being a good neighbor in every municipality we operate in. Again, thank you for your consideration and the opportunity to provide this information. Sincerely, ~M~- Executive Vice President 11 of 11 March 1, 2005 Item # 3 February 8, 2005 Item # 8 Mickey Cafagna - SYSCO LIGHT EXEMI:IION \ L~("()\ Ired. \)\cs.+r', '(:)1J,'\-~00 From: To: Date: Subject: <DavDavis3@aol.com> <MCAFAGNA@CI.POWA Y~AUS> Tue, Feb 8, 2001i.~55 PM ::> SYSCO LIGHT EXEMP liON DEAR COUNCILMEMBERS, PLEASE VOTE "NO" ON THE SYSCO LIGHT EXEMPTION!! HIGH PRESSURE LIGHTS WERE ONCE MISTAKENLY INSTALLED BY THE NEIGHBORING DISGUISE COMPANY BUILDING IN THEIR LOADING AREA THE RESULT WAS BLINDING LIGHT THAT FILLED BEELER CANYON ALL THROUGH THE NIGHT, DISRUPTING RESIDENTS AND THREATENING THE WILDLIFE CORRIDOR. THESE LIGHTS WERE IN VIOLATION OF THE POWAY BUSINESSPARK REGULATIONS AND WERE REPLACED AT THE URGING OF THE CITY OF POWAY AND BEELER RESIDENTS. IT IS LIKELY THAT AN EXEMPTION TO THESE REGULATIONS WILL RESULT IN OTHER BUSINESSPARK BUILDINGS FOLLOWING SUIT. THESE LIGHTS SIT RIGHT ON THE EDGE OF BEELER CANYON AND THREATEN TO NEGATIVELY IMPACT BOTH RESIDENTS AND WILDLIFE. SINCERELY, DAVE DAVIS 11019 BEELER CANYON ROAD POWAY, CA 92064 cc: <BREXFORD@CI.POWAY.CAUS>, <BEMERY@CI.POWAY.CAUS>, <MBOY ACK@CI.POWAY.CAUS>, <DHIGGINSON@CI.POWAY.CAUS> March 1, 2005 Item # 3 ~e~ 9l'd-ro:5" :r.\er('r~ ~