Loading...
Res P-17-21RESOLUTION NO. P-17-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 16-030 AND MINOR CONDITIONAL USE PERMIT 16-003 ASSESSOR’S PARCEL NUMBER 275-271-32 WHEREAS, Minor Development Review Application 16-030 and Minor Conditional Use Permit (MCUP) 16-003 were submitted by William C. Yen, Applicant, for a proposal to construct a recreational court with eight lights on a residential property located at 13775 Highlands Terrace, in the Rural Residential-B (RR-B) zone; and WHEREAS, on December 5, 2017, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303(e) of the CEQA Guidelines, in that the project proposes the construction of accessory structures/equipment on an existing single-family residential property. Section 2: The findings for MDRA 16-030, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. The recreational court has been designed to be visually compatible with surrounding residential development, to minimize landform alteration, and conform to City zoning, development and grading standards. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding residential development by utilizing dark colored fencing materials and installing landscaping to screen the recreational court in a manner that is compatible with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the MDRA would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will comply with grading and storm water treatment requirements required to install the recreational court. Resolution No. P-17-21 Page 2 D. The project has been designed to be consistent with development in the surrounding residential area by dark colored fencing materials and will provide landscaping to screen the proposed recreational court. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally-related impact upon adjoining properties, as the recreational court is consistent with other recreational courts in the surrounding residential neighborhood and is compatible with nearby residential development. F. The design and improvements of the proposed lighted recreational court are consistent with all elements of the Poway General Plan, as well as the project conforms with the provisions of the Zoning Code. Section 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 16-003 to allow the installation of eight lights on a recreational court, are made as follows A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the design of the proposed recreational 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. B. 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, people, buildings, structures, or natural resources in that existing landscaping on the adjacent properties and landscaping that will be installed around the perimeter of the recreational court on the subject lot will reduce the visibility of the lights from surrounding properties and light impacts to natural resources. Additionally, the lights are required to be shielded and a dense windscreen will be installed on the court fence which will minimize light affects. Lastly, court light use is prohibited between the hours of 10 p.m. and 7 a.m. C. The PMC requires that the lighting for the recreational court be limited to a maximum of eight lights, with 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 adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. The proposed lighting will be directed to within the court boundaries, will be shielded, and will be screened by landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. Resolution No. P-17-21 Page 3 F. Installing the court lights will result in a temporary increase in traffic from construction related vehicles. This generation of traffic, however, will be minor and will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed in that a lighted recreational court is an accessory use that is permitted in a residential zone, and the proposed lighting will be directed to shine downward within the court boundaries, will be shielded, and will be screened by landscaping to reduce visibility of the lights from the surrounding properties. H. There will not be significant harmful effects upon environmental quality and natural resources in that the project is limited in scope and built within a developed portion of the parcel; additionally, landscaping will be installed around the perimeter of the recreational court and a dense windscreen will be installed on the court fence which will reduce light impacts; therefore, there will be no significant harmful effects upon environmental quality and natural resources. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A lighted recreational court is an allowable accessory use in the RR-B zone. Therefore, the impacts, as described in subsections A through I of this Section, and 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. K. That the proposed minor conditional use will comply with each of the applicable provisions of this title, except for approved variances. Section 4: The City Council hereby approves MDRA 16-030 and MCUP 16-003, as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City Resolution No. P-17-21 Page 4 shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this MDRA and MCUP request 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. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. 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 uses. E. The conditions of MCUP 16-003 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. MCUP 16-003 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. H. Prior to issuance of a Grading Permit, the applicant shall comply with the following: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All materials as required by Chapter 16.48 of the PMC shall be Resolution No. P-17-21 Page 5 submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 3. A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 4. Water Quality Control – Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Section 16.104 of the PMC. 5. Grading securities in the amount and form described in Section 16.46 of the PMC shall be posted with the City prior to grading plan approval. This will include a minimum cash security of $2,000 in all instances. 6. Any existing and proposed public easements shall be depicted on the grading plans. Any proposed public easement dedications shall be submitted prior to grading permit issuance. 7. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. 8. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City’s project engineer. 9. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As applicable, provide Resolution No. P-17-21 Page 6 two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 10. Landscape and irrigation plans shall be submitted prior to the issuance of the Grading Permit. The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. a. The plans for landscaping shall, at minimum, show irrigation, and sizes and species for Fire Fuel Management Zones as required by the Fire Marshal, and all manufactured slopes steeper than 5:1. b. The plans shall show landscaping to be installed between the fence and property line. Landscaping shall consist of 15-gallon or larger sized evergreen trees and 5-gallon evergreen shrubs installed adjacent to the fence around the sports court to reduce visibility from surrounding properties. It shall include fast-growing evergreen canopy type trees, planted one each adjacent to light poles so as to obscure views of the pole and light from neighboring properties. Dense screening planting is required to be installed in the setback area adjacent to the outside of the court fencing, to the satisfaction of the Director of Development Services. c. The plans shall provide for landscaping and irrigation of areas that have been previously disturbed. d. If construction does not commence within 90 days of completion of grading, all manufactured slopes steeper than 5:1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services. I. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. A Building Permit shall be obtained for the fencing and lighting structures that exceed six (6) feet in height. An Electrical Permit shall be obtained for the proposed recreational court lighting. 2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of the lot shall be in accordance with the Uniform Resolution No. P-17-21 Page 7 Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project’s geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project’s geotechnical engineer. The certification and report are subject to review and approval by the City. 5. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 6. The building plans shall clearly show and identify how the project complies with the following requirements: a. The maximum height of the fence (measured from the finished grade of the court) shall not exceed 10 feet. b. The light poles shall not exceed 18 feet in height. Lighting fixtures shall not exceed 1,000-watts, high-pressure sodium lights as required by Chapter 17.30 PMC. Metal halide lighting is prohibited. c. The maximum number of lights on the court shall not exceed eight. d. The surface area of the recreational court shall be designed, painted, colored and/or textured to reduce the reflection of light. This requirement shall be noted on the plans and the proposed court color shall be noted. e. Pursuant to PMC 17.30.020.E, the fencing, support posts, light poles, and fixtures shall be painted a dark non-reflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable. This requirement shall be noted on the plans and the proposed paint color shall also be noted. f. Pursuant to PMC 17.30.020.C, the applicant shall submit a lighting plan indicating that the lighting will be shielded from the adjacent properties, to the satisfaction of the Director of Development Services. Resolution No. P-17-21 Page 8 g. To reduce light effects further, the building plans shall clearly show and note that a dense windscreen mesh will be attached and maintained on the court fencing. h. The building plans shall depict and note, to the satisfaction of the Director of Development Services, that the lighting will be on a timer of limited duration, and that they will automatically shut off at 10:00 p.m. 7. Landscape Plan – The plan submitted prior to the issuance of a grading permit shall be approved prior to issuance of a Building Permit. J. Prior to final inspection approval: 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. The drainage facilities, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 4. An adequate drainage system around the new pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. 7. Landscaping and irrigation shall be installed per the approved landscape plans.