Res P-13-03 RESOLUTION NO. P-13-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 12-001
AND MINOR DEVELOPMENT REVIEW APPLICATION 12-019
ASSESSOR'S PARCEL NUMBER 321-243-10
WHEREAS, Minor Conditional Use Permit (MCUP) 12-001 and Minor
Development Review Application (MDRA) 12-019 were submitted by Mike Christensen,
Applicant/Property Owner, to allow the establishment of an outdoor, lighted recreational
court on the developed single-family property located at 14407 Twin Peaks Road, in the
Rural Residential C (RR-C) zone; and
WHEREAS, on February 5, 2013, the City Council held a duly advertised public
hearing 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 City Council finds that the project is 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 construction of
an accessory structure as part of an existing single-family residence.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), to approve MCUP 12-001 to allow the installation of an outdoor
lighted recreational court, are made as follows:
A. 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. The proposed use is
considered to be an allowable accessory use in the zone, with the approval of a
Minor Conditional Use Permit. Therefore, the proposed location, size, design,
and operating characteristics of the proposed use are in accordance with the title
and purpose of PMC 17.48.070, the purpose of the zone in which the site is
located, the General Plan, and the development policies and standards of the
City.
B. The location and design of the proposed recreational court lighting will not create
a significant negative visual impact on surrounding properties, as the recreational
court will be generally screened from most adjoining parcels by the location of
the existing residence. Existing landscaping on adjoining properties and
landscaping that will be installed around the perimeter of the recreational court
will reduce the visibility of the lights from surrounding properties. Additionally,
there are large open space areas of native vegetation that separate the
recreational court from adjacent properties. The lights are required to be
shielded and will minimize glare. Therefore, the location, size, design, and
Resolution No. P-13-03
Page 2
operating characteristics of the proposed use will be compatible with, and will not
adversely affect or be materially detrimental to, adjacent uses, residents,
buildings, structures, or natural resources.
C. The light standards for the recreational court are 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 public facilities, services, and utilities available.
E. The proposed lighting will be directed to within the project boundaries, will be
shielded, and will be softened by landscaping to reduce visibility of the lights from
the surrounding properties. Therefore, there will be no harmful effects upon
desirable neighborhood characteristics.
F. The project is limited in scope and built within a developed portion of the parcel;
therefore, there will be no significant harmful effects upon environmental quality
and natural resources.
G. The proposed use is an allowable accessory use in the RR-C zone. Therefore,
the impacts, as described above, 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.
H. The proposed conditional use will comply with each of the applicable provisions
of PMC 17.48.070.
Section 3: The City Council hereby approves MCUP 12-001 and MDRA 12-019 for
the establishment of an outdoor, lighted recreational court, as shown on the stamped
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 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.
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B. Approval of this project 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:
1. The applicant shall submit in writing that all conditions of approval have
been read and understood.
2. The property owner shall execute a Covenant Regarding Real Property.
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
residential uses.
E. The conditions shall remain in effect for the life of the subject recreational court
and court lighting, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
F. Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
2. The site shall be developed in accordance with the approved site plan on
file in the Development Services Department and the conditions contained
herein.
3. Pursuant to PMC 17.30.020.C, the applicant shall submit lighting plans
that reflect that the lighting will be shielded from the adjacent properties, to
the satisfaction of the Director of Development Services.
4. Pursuant to PMC 17.30.020.E, the building plans shall depict, to the
satisfaction of the Director of Development Services, that the support
posts, light poles, and fixtures will be painted a dark non-reflective color so
as to reduce their overall visibility.
5. Pursuant to PMC 17.30.020.F, the building plans shall depict, to the
satisfaction of the Director of Development Services, that evergreen
screening landscaping will be installed around the recreational court to
screen the lights from surrounding properties, so as to restrict visibility of
the light poles.
6. The building plans shall depict, to the satisfaction of the Director of
Development Services, that the lighting is on a timer of limited duration,
designed to prevent the lights from accidentally being left on, and that they
will automatically shut off at 10:00 p.m.
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7. Light standards height shall not exceed 18 feet. Lighting fixtures shall be
a maximum of 1,000-watt, high-pressure sodium as required by Chapter
17.30 PMC, and shall be maintained for the life of the project. Metal
halide lighting is prohibited.
G. Prior to obtaining a final inspection on the Building Permit, the applicant shall
comply with the following:
1. The recreational court lights shall be developed in accordance with the
approved plan on file in the Development Services Department and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. The applicant shall provide a certification from a lighting contractor that all
lights and light fixtures have been designed, constructed, mounted, and
maintained such that the light source is cut off when viewed from any point
above five feet, measured at ten feet from the edge of the court. The
lighting contractor shall certify that all light fixtures have been 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.
H. Upon installation of the recreational court lights, the following shall apply:
1. Pursuant to 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. The plant materials identified on the approved site plan have been
installed along the recreational court fence where visible from adjacent
and surrounding properties, and said landscaping shall be maintained in a
flourishing manner, to the satisfaction of the Director of Development
Services.
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. The
applicant shall comply with the required maximum 1,000-watt, high-
pressure sodium lighting fixtures pursuant to PMC 17.20.020.G, and shall
be maintained to the satisfaction of the Director of Development Services.
Section 4: 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.
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Section 5: The approval of the project expires on February 5, 2015, 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of February 2013.
• •
Don Higginson, May
ATTEST:
Kristen . Crane, Interim City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-13-03, was duly
adopted by the City Council at a meeting of said City Council held on the 5th day of
February 2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Kristen . Crane, Interim City Clerk
City of Poway