Res 21-019RESOLUTION NO 21-019
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 Lamle, 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 10
p.m. and 7 a m
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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,
Resolution No. 21-019
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.
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
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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
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 Tight
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.
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
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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. MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES NONE
ABSENT NONE
DISQUALIFIED. NONE
Steve Vaus, Mayor
ATTEST
Vaida avl o s, CMC, ity Clerk