DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August 19, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic~
Jazmin Sanchez, Assistant Planner
858-668-4658 or [email protected]
CITY COUNCIL
Minor Conditional Use Permit 24-0001, a Request to Approve Existing Lighting to a Recreational Court (Pickleball) for a Single-Family Residence Located at 13607 Via Serena (APN 275-271-15)
Diane Wewerka (owner) is requesting a Minor Conditional Use Permit (MCUP) 24-0001 to approve four existing light poles for a pickleball court at a single-family residence located at 13607 Via Serena within the Rural Residential B (RR-B) zone. The existing 28-foot by 55-foot recreational court includes four existing light poles that are 15 feet in height. The project complies with City standards for private recreational courts with exterior lighting.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the attached Resolution (Attachment A) approving MCUP 24-0001.
Discussion:
Background
Pursuant to Section 17.30.010 of the Poway Municipal Code (PM(), a private recreational court with exterior lighting may be permitted in single-family zones subjectto the approval of a minor conditional use permit and compliance with standards set forth in PMC 17.30.020.
Project Details
The subject property is a two-acre lot located at 13607 Via Serena, within Green Valley Estates The site is zoned RR-B as illustrated in the attached zoning/vicinity map (Attachment B). The surrounding area is developed with custom single-family residences to the north, east, and west. South of the parcel is Lake Poway Road. An existing pickleball court has been constructed in the street side yard of the property, located on the south side of the residence and adjacent to Lake Poway Road. The applicant constructed the lighted pickleball court prior to obtaining the required planning entitlement 1 Qf 13
August 19, 2025, Item #7
(MCUP) and building permit and is now seeking approval for both.
The lighted pickleball court was constructed in the street side yard of the subject property, adjacent to Lake Poway Road. The court is located approximately 13 feet from the street side property line and 83 feet from the rear property line (Attachment A, Exhibit A). It includes four light poles, each 15 feet in height. In accordance with PMC Section 17.30.020, the existing pickleball court meets the minimum required setbacks. Additionally, the number and height of the light poles comply with the limitations established in the PMC for exterior lighting associated with private recreational courts in single-family residential zones.
Table 1 - Minimum Standards
S~and;;d , ~ ••• .- , • R~q~i'red Project Request Conforms Recreational Court
Side Yard Setback 10.0 feet 83.0 feet Yes
Rear Yard Setback 10.0 feet 13.0 feet Yes
Light Poles
Maximum Height 18.0 feet 15.0 feet Yes
Lighting
Approval of MCUP 24-0001 will authorize the applicant to permit the existing four light fixtures mounted on 15-foot-high poles surrounding the pickleball court. Dense landscaping currently exists along the street side and rear yards adjacent to the court and lighting, providing effective visual screening (Attachment C). As a result, visibility of the court lighting from the surrounding area is significantly minimized. Additionally, the lights are fully shielded and directed downward onto the court, minimizing any impact on adjacent properties . A photometric study (Attachment D) submitted by the applicant confirms that light does not trespass onto neighboring properties. Furthermore, in accordance with the Poway Municipal Code (PMC) and as a condition of approval, the lights may only be operated between the hours of 7:00 a.m. and 10:00 p.m. Timers will be required to ensure automatic shutoff at 10:00 p.m.
Neighborhood Meeting
A neighborhood meeting was held on May 29, 2025, to share details about the proposed project.
Notices were mailed to property owners and tenants within 500 feet of the project area. One neighboring property owner attended the meeting and di$cussed the project but expressed no concerns. One neighboring property owner was unable to attend the meeting in person and subsequently followed up by phone to express concerns regarding the compatibility of the light poles with the character of Green Valley Estates. City staff performed a site visit on May 29, 2025, and confirmed the existing light poles follow City standards.
Conclusion
The PMC allows private recreational courts with exterior lighting in single-family zones with an approved MCUP. Pursuant to PMC 17.30.020, the existing pickleball court meets the minimum required setbacks. The existing four 15-foot light poles are in compliance with the maximum eight lights permitted and 18-foot height limit. The findings necessary to support the approval of MCUP 24- 0001, as required by PMC Section 17.48.070, can be made, as the project has been designed to comply with all applicable City standards for private recreational courts with exterior lighting. 2 of 13
August 19, 2025, Item #7
Environmental Review:
The lighted recreational court is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) Class 3 of the CEQA Guidelines, since the recreational court is considered an accessory structure on an existing single-family residential property.
Fiscal Impact:
There is no fiscal impact associated with this action.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on August 7, 2025. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Furthermore, all contacts on the City's interested party's list were provided a public notice.
Attachments:
A. Resolution
B. Zoning/Vicinity Map
C. Photos
D. Photometric Study
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
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Ch: H I. 2 ns aze tine
City Manager
August 19, 2025, Item #7
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE
PERMIT 24-0001 ASSESSOR'S PARCEL NUMBER 275-271-15
WHEREAS, Minor Conditional Use Permit (MCUP) 24-0001 was submitted by Sergio Jimenez, Applicant, and Diane Wewerka, Owner, a request to permit four existing light poles to a pickleball court at a single-family residence located at 13607 Via Serena, in the Rural Residential B (RR-8) zone;
WHEREAS, on August 19, 2025, 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 lighted recreational court is determined categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) Class 3 of the CEQA Guidelines, since the recreational court is considered an accessory structure 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 24-0001 allowing four existing lights to a pickleball 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 Poway Municipal Code (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 and existing dense landscaping of the property will shield the view of the lights from adjacent homes to the north, east and west. Furthermore, court light use is prohibited between the hours of 10 p.m. and 7 a.m.
C. The existing four lights comply with the maximum of eight lights allowed by the PMC for a recreational court and the 15-foot-tall 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.
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ATTACHMENT A
Resolution No. 25-
D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use.
E. The photometric study shows the lighting meets City standards as the existing lighting is directed downward toward the court boundaries with the use of shields and is screened by the main residence and existing dense landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics.
F. The court lights 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 existing lighting is shielded and directed to shine downward within the court boundaries and existing landscaping and the placement of structures 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 lighting along a pickleball court on the parcel.
Dense landscaping exists along the perimeter of the court to reduce light impacts to nearby residential homes. 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-8 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 24-0001, as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated August 19, 2025 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, 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 5 of 13
August 19, 2025, Item #7
Resolution No. 25-
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 24-0001 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 24-0001 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 existing 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:
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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 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 August 19, 2025, Item #7
Resolution No. 25-
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.
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.
J. Upon establishment of the proposed use, pursuant to MCUP 24-0001, 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.
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 24-0001 shall expire on August 19, 2027, 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.
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August 19, 2025, Item #7
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 19th day of August, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED :
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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August 19, 2025, Item #7
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