Item 12 - MCUP 21-001, A Request to Add Lighting to a Tennis Court at a Residence Located at 18773 Heritage DrApril 20, 2021, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fot/l, Austin Silva, Senior Planner Po' 858-668-4658/asilva@poway.org CITY COUNCIL Minor Conditional Use Permit 21-001, a request to add lighting to a tennis court at a single-family residence located at 18773 Heritage Drive Minor Conditional Use Permit (MCUP) 21-001 is a proposal to add eight lights to a tennis court at a single-family residence at 18773 Heritage Drive in the Rural Residential - A (RR-A) zone. The project has been designed to comply with City standards for recreational courts. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The 8.49-acre property is located at 18773 Heritage Drive. The site is zoned RR-A as shown in the zoning/location map (Attachment B). Custom single-family homes are located to the east and south, and a 165.9-acre City-owned parcel containing natural habitat border the north and west sides of the parcel. Minor Development Review Application (MORA) 20-015 was approved in January 2021 allowing for the construction of a 9,433 square-foot single-family residence with an attached 1,080 square-foot garage. Grading and building permits for the home along with a 1,000 square-foot accessory dwelling unit (ADU) have been submitted and are currently under review. A biological conservation easement (BCE) encompasses a majority of the lot west of the home and tennis court. The tennis court is located on a level pad on the west side of the home and is adjacent to a slope on the west that rises approximately 40 feet above the elevation of the tennis court as shown on the site plan (Attachment C). The same slope wraps around the tennis court on the south and rises approximately 20 feet in elevation above the tennis court. The home and ADU will mostly block the view of the tennis court from the house to the east across Heritage Drive. Landscape and fencing will mostly block the view of the tennis court from the adjacent house to the south. 1 of 10
April 20, 2021, Item #12The MCUP consists of a request to add eight lights on 18-foot high poles at the tennis court. Chapter 17.30 of the Poway Municipal Code (PMC) contains a provision whereby lights can be installed on a recreational court with the approval of a MCUP and subject to meeting various PMC standards to address compatibility with the surrounding neighborhood. Consistent with PMC requirements, the lights will be attached to poles, which may not exceed 18 feet in height. The lights will be shielded and directed downward toward the court, away from surrounding properties and habitat. A four-foot high vinyl coated chain-link fence will be installed on top of a six-foot tall retaining wall along the south and west sides of the tennis court with landscaping on the south side of the fence to screen it. Additionally, trees will be planted further south up the slope to screen the lighting from the nearby single-family homes to the south and east. A 10-foot high fence will be located on the east and north sides of the court that will be screened by landscaped slopes and the placement of the main residence and ADU. Additional PMC standards and conditions of approval require that the lights only be used between the hours of 7 a.m. and 10 p.m. and that timers be installed to ensure that the lights turn off automatically at 10 p.m. The visibility of the tennis court lighting from the surrounding area will be limited because the varying topography, landscaping, and the main residence obscure the view into the rear yard from Heritage Drive and nearby single-family residences across the street to the east and to the adjacent south. The wildlife in the area will not be significantly affected by the project because spillover of the light into the nearby native habitat within the BCE will be minimal due to the topography of the site and shields on the light fixtures. The findings required to support the approval of MCUP 21-001 pursuant to PMC Section 17.48.070 can be made based on the fact that the project has been designed to comply with City standards for lighted recreational courts. Neighborhood Meeting A virtual neighborhood meeting was held through Zoom on March 23, 2021 to discuss the proposal with area property owners. A meeting notice was sent to property owners and occupants within 500-feet of the project site. The meeting was also posted on the City's website and emailed to people who have registered to receive emails on the "Notify Me" list for the Development Services Department. Two property owners who received mailed notices could not access the virtual meeting, but followed up with a phone call to staff and expressed their concerns over screening the fencing and lighting. As mentioned in the previous section, the fence and lights will be screened with landscaping. Environmental Review: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) 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. Fiscal Impact: None. 2 of 10
April 20, 2021, Item #12Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on April 8, 2021. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Proposed Site Plan Reviewed/Approved By: Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch6P City Manager
April 20, 2021, Item #12RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 21-001 ASSESSOR'S PARCEL NUMBER 277-220-24 WHEREAS, Minor Conditional Use Permit (MCUP) 21-001 was submitted by John Jensen, Applicant, and Michele Lamie, Owner, for a proposal to install eight lights to a tennis court at a single-family residence located at 18773 Heritage Drive, in the Rural Residential A (RR-A) zone; WHEREAS, on April 20, 2021, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the site plan for this MCUP request included in the agenda report are incorporated herein as Exhibit A; and WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing. 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(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, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 21-001 to allow the installation of eight lights to a tennis 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. The main residence, accessory dwelling unit (ADU) and topography of the property will shield the view of the lights from adjacent homes to the south and east, and the habitat area to the west and north in accordance with the Poway Subarea Habitat Conservation Plan. A four-foot high vinyl coated chain-link fence will be installed on top of a six-foot tall retaining wall along the south side of the tennis court with landscaping on the south side of the fence to screen it. Trees will be planted further south up the slope to screen the lighting from the nearby single-family homes. Furthermore, court light use is prohibited between the hours of 1 O p.m. and 7 a.m. 4 of 10 ATTACHMENT A
April 20, 2021, Item #12Resolution No. 21-Page 2 C. The proposed eight lights comply with the maximum of eight lights allowed by the PMC for a recreational court and the lights would comply with the 18-foot maximum height limit. 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 downward toward the court boundaries with the use of shields and will be screened by topography, the main residence, ADU, and landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. 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 with the approval of a MCUP. The proposed lighting will be shielded and directed to shine downward within the court boundaries and topography, landscaping and the placement of structures will reduce the 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 to installing lights along a tennis court on the parcel. Landscaping will be installed along the perimeter court fence to reduce light impacts to nearby residential homes and native habitat. 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-A zone with the approval of a MCUP. 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. SECTION 3: The City Council hereby approves MCUP 21-001, as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 20, 2021 on file in the Development Services Department, except as noted herein, 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, 5 of 10
April 20, 2021, Item #12Resolution No. 21-Page 3 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 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 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 21-001 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 21-001 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. The applicant shall obtain an Electrical Permit for the proposed recreational court lighting and a Building Permit for the lighting structures (i.e. light poles). Prior to issuance of a Building or Electrical Permit, the applicant shall comply with the following: 6 of 10 1. The building plans shall clearly show and identify how the project complies with the following requirements: a. The maximum height of the fence shall not exceed 10 feet. b. The light poles shall not exceed 18 feet in height. Lighting fixtures shall be 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
April 20, 2021, Item #12Resolution No. 21-Page 4 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 that reflects that the lighting will be shielded from the adjacent properties, to the satisfaction of the Director of Development Services. The plans shall show the lights 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, and such that the maximum illumination intensity measured at the limits of the property line shall not exceed one-half foot-candle above ambient light levels. Lights shall not shine into adjacent Biological Conservation Easements. g. 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 from 10:00 p.m. to 7 a.m. h. 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. 2. The landscape plan for the subject property shall include landscaping to obscure the view of the light poles and sources as seen from the single-family residence to the east and to block light from shining into the Biological Conservation Easement areas. All required landscaping must comply with Section Six of the City of Poway Landscape and Irrigation Design Manual as it relates to fuel management and defensible space. If the landscape plan was approved prior to the date of this MCUP approval, the plans shall be modified to meet the above requirements I. Prior to final inspection approval: 1. Written certification shall be provided from a qualified lighting installation contractor that: a. All lights and light fixtures have been designed, constructed, and mounted 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. b. All lights and light fixtures have been designed, constructed, mounted, and light shields installed such that the maximum illumination intensity measured at the property line does not exceed one-half foot-candle above ambient light levels. 2. The required landscape and irrigation materials on the approved Landscape and Irrigation Plan shall be installed along the recreational court fence and inspected. J. Upon establishment of the proposed use, pursuant to MCUP 21-001, the following shall apply: 7 of 10 1. In accordance with PMC 17.30.020.C.3, the recreational court lighting shall be used only between 7:00 a.m. and 10:00 p.m., and an automatic timer shall be programmed to automatically shut the lights off at 10:00 p.m. 2. Required court landscaping shall be maintained in a healthy and thriving condition.
April 20, 2021, Item #12Resolution No. 21-Page 5 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. Lighting fixtures shall be maintained pursuant to PMC 17.30.020.G, to the satisfaction of the Director of Development Services. 4. The fencing and associated opaque mesh shall be maintained to screen the view of the light from residences to the north and east and to shield light from extending into nearby native habitat to the satisfaction of the Director of Development Services. SECTION 4: The approval of MCUP 21-001 shall expire on April 20, 2023, 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. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 8 of 10
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