Item 1.5 - Second Reading and Adoption of Ordinance No. 832DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
December 3, 2019
Honorable Mayor and Members of the City Council
Faviola Medina, City Clerk �(\
Faviola Medina, City Clerk � \ v \
(858)668-4535 or fmedina@poway.org
Second Reading and Adoption of Ordinance No. 832 entitled "An Ordinance of the
City Council of the City of Poway, California, Amending Title 17 Chapter 17.30 of
the Poway Municipal Code Pertaining to Lighting of Recreational Courts (Zoning
Ordinance Amendment 19-002)"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on November 19, 2019. All Councilmembers were present. There was one
speaker.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended that the City Council adopt Ordinance No. 832.
Fiscal Impact:
None.
Environmental Review:
The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because
it will not result in direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.
Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday,
November 7, 2019. A second summary notice will be published in the same publication on
Thursday, December 12, 2019. A certified copy of this Ordinance will also be posted in the Office
of the City Clerk in accordance with Government Code section 36933.
1 of 6 December 3, 2019, Item #1.5
Attachment:
A.Ordinance No. 832
Reviewed/ Approved By:
.,J�v--Wendy serman
Assistant City Manager
2 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
December 3, 2019, Item #1.5
ORDINANCE NO. 832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 17 CHAPTER 17.30
OF THE POWAY MUNICIPAL CODE PERTAINING TO LIGHTING
OF RECREATIONAL COURTS (ZONING ORDINANCE
AMENDMENT 19-002)
WHEREAS, Zoning Ordinance Amendment (ZOA) 19-002 is a request to modify existing
standards for lighting of recreational courts to include new energy efficient lighting technology,
such as light emitting diode (LED) technology, of a similar color temperature to the currently
allowed 1000-watt high-pressure sodium (HPS) lights;
WHEREAS, LED has two to four times as long of a lifespan as most fluorescent, metal
halide, and even sodium vapor lights; LED consumes very low amounts of energy; LED emits
almost no forward heat for improved safety; LED is able to operate at virtually any percentage of
their rated power (0 to 100 percent); LED does not contain mercury internal to the bulb and does
not require hazardous waste disposal; and LED is available in a variety of color temperatures;
WHEREAS, the recreational lighting regulations contained in the Poway Municipal Code
(PMC) have not been evaluated since 1996 and are in need of an update to reflect current lighting
technology;
WHEREAS, the City Council seeks to regulate the color temperature of lights within the
City and desires to adopt standards for new energy efficient lighting technology;
WHEREAS, the City Council continues to support a lighting design of recreational courts
that provides for utility while conserving energy and resources and minimizes light spill-over,
glare, and sky glow for the benefit of the public and astronomical research at Palomar
Observatory;
WHEREAS, on November 19, 2019, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, ZOA 19-002; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves ZOA 19-002 and amends certain sections
of the PMC as specified below. Removals are indicated with strikethroughs and additions are
indicated with underline.
SECTION 3: This Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended
to update City regulations for recreational court lighting, which are similar to existing regulations
and do not result in additional light sources or expansion of the existing use.
SECTION 4: Chapter 17.30 of the PMC shall be amended as follows [entire Chapter is
shown]:
3 of6 December 3, 2019, Item #1.5 ATTACHMENT A
17.30.010 Generally.
The following regulations are established for the construction of recreational courts including but
not limited to tennis, paddle tennis and other similar uses.
A.Unlighted private recreational courts may be permitted as an accessory use in single-family
zones, subject to the standards contained in PMC 17.30.020 and to the approval of a minor
development review by the Director of Development Services.
B.Private recreational courts with exterior lighting may be permitted as an accessory use in
single-family zones subject to the approval of a Minor Conditional Use Permit and to required
findings by the City Council in accordance with PMC 17.48.070.
C.Private recreational courts, lighted or unlighted, may be permitted as an accessory use in
multifamily zones subject to the approval of a development review by the City Council.
D.Public or semipublic recreational courts may be approved in any zone subject to the issuance
of a Conditional Use Permit and to required findings by the City Council in accordance with PMC
17.48.070.
E.The terms used in this chapter, shall have the meanings respectively ascribed to them in PMC
Section 13.15.020.
17.30.020 Minimum standards required.
Recreational courts shall meet the following minimum standards:
A.A maximum 10-foot-high fence (measured from the finished grade of the court) shall be allowed
for private courts and a maximum 12-foot-high fence shall be allowed for commercial and public
courts.
B.Setbacks for the court shall be:
1.Side yard, 10 feet;
2.Rear yard, 10 feet;
C.Maximum of eight lights permitted, height not to exceed 18 feet. All lights and light fixtures
shall be certified by the installation contractor to:
1.Be designed, constructed, mounted and maintained such that the light source is cut off
when viewed from any point above five feet measured at 10 feet from the edge of the court;
2.Be 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;
3.Be used only between 7:00 a.m. and 10:00 p.m.
D.The surface area of any recreational court shall be designed, painted, colored and/or textured
to reduce the reflection from any light incident thereon.
E.The fencing, support posts, light poles and fixtures shall be painted a dark nonreflective color
so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles
painted to match is acceptable.
F.Landscaping shall be installed between the fence and property line. It shall include fast-growing
evergreen canopy type trees, planted one each adjacent to light poles so as to obscure views of
4 of6 December 3, 2019, Item #1.5
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.
G.Light fixtures are restricted to 1,000-watt high-pressure sodium, narrow spectrum amber Light
Emitting Diode (LED) which does not exceed a Correlated Color Temperature (CCT) of 3,000
Kelvin or other similar directional energy efficient light.
H.The City Council or Director of Development Services may require more stringent stan dards
than the above in cases where extraordinary site conditions necessitate. Lighting shall comply
with guidelines outlined in the Poway Subarea Habitat Conservation Plan and subsequent
amendments.
I.All outdoor light fixtures shall be equipped with photocell devices so that such lighting is turned
off during daylight hours as much as practical.
J.In order to preserve the night sky, the types, locations and controlling devices of outdoor light
fixtures shall minimize glare, upward light, artificial sky glow, and light pollution and light trespass
(spill-over) onto adjacent properties. External visors and/or internal louvers shall be used to
reduce spill light, light trespass, sky glow, and glare impacts to the maximum extent feasible
especially onto adjacent properties and adjacent sensitive habitats.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
5 of6 December 3, 2019, Item #1.5
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 19th day of November, 2019, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of
December, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
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