Item 28 - TUP 94-89 Larry Smith Green Valley Estates
1:)~;J/bI3 IffY
r AGENDA REPORT. '\ ~ If
c'\ <'If-
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manage~ ~~
Reba Wright-Quastler, Director of Pla ing Services
Marijo Van Dyke, Associate Planner
DATE: December 13, 1994
MANDATORY
ACTION DATE: December 13, 1994
SUBJECT: Continued from November 29, 1994, Temoorary Use Permit 94-89.
Larry Smith. Green Vallev Estates. Aoolicant: A request to
permit a modular sales office to continue operation at its
present 1 ocat i on for a peri od of ei ghteen (18) months, at
13750 Paseo Valle Alto and fronting Lake Poway Road, in Green
Valley Estates (the RR-B zone).
Staff has received a letter today from Mr. Smith withdrawing his application for
the above named project. He requests 90 days within which to complete the
removal of the sales trailer.
RECOMMENDATION
Staff recommends that the City Council agree to a ninety (90) day period for the
removal of the trailer and receive and file this report.
JLB:RWQ:MVD:kls
~ /~
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r ACTION,
~ DEe 1 3 1994 ITEM 28 './~
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LARRYG. SMITH
FF&.E TRUST
13750 PASEO VALLE ALTO
POWA Y, CALIFORNIA nOM
PHONE 619.486-0490
DECEMBER 13, 1994
MS. REBA WRlGIIT-QUASTLER
PLANNING SEa VICES DIRECTOR
CITYOFPOWAY
13325 CIVIC CENTER DRIVE
POW A Y, CALIFORNIA 92074
RE: REQUEST TO WrrnDRA W TEMPORARY USE PERMIT. SALES OFFICE
DEAR MS. WRlGIIT-QUASTLER,
ON BEHALF OF FF&.E TRUST WE HEREWrrn WITHDRAW OUR APPLICATION FOR A TEMPO~Y USE
PERMIT TO ALLOW lHE SALES OFFICE ALONG LAKE POWAY ROAD TO REMAIN FOR AN
ADDmONAL 18 MONTHS, WE REQUEST THE CITY OF POWAV ALLOW US 90 DAYS TO TRANSFER
ALL HOMEOWNERS ASSOCIATION MATERIAL TO ANOTHER BOARD MEMBER AND REMOVE THIS
TEMPORARY OFFICE. WE WILL NOT REQUEST FOR ANOTHER LOCATION. WE ARE GOING TO
LEAVE liE AREA.
- RESPECTFULLY REQUESTED,
C%-=~
--_.~...~ _._.~- - ~
LARR Y SMrrH
MANAGER
00: aVE BOARD OF DIRECTORS
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DEe 1 3 1994 ITEM 28
niqTr!~~ 'Ten ~ :2. 3/ !f~1./.
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AGENDA R___PORT SUMMARY .
~ REVISED
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: John D. Fitch, Assistant City Manager Ul
Reba Wri9ht-Quastler, Director of Planning Services ~
DATE: November 29, 1994
SUBJECT: Temporary Use Permit 94-89, Larry Smith, Green Valley Estates, Applicant
ABSTRACT
A request to permit a modular sales office to continue operation at its present location
for a period of eighteen (18) months, at 13750 Paseo Valle Alto and fronting Lake Poway
Road, in Green Valley Estates (the RR-B zone).
ENVIRONMENTAL REVIEW
This project is considered to be categorically exempt under the provisions of the.
California Environmental Quality Act, Exemption Class 3 and Class II, as it is a small
structure.
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FISCAL IMPACT
None,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to Green Valley Civic Association and a courtesy notice
was sent to all property owners within a 500 foot radius.
RECOMMENDATION
It is recommended that the City Council deny Temporarv Use Permit 94-89, and to require
the removal of the sales trailer within 60 calendar days from the date of this action,
ACTION Continued to December 13, 1994~ C:f?~
Marie Lofton, Deputy City Clerk
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- AGENDA REPOR'.
CITY OF POW A Y
REVISED
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Ass i stant City Manager cl
Reba Wright-Quastler, Director of Planning Services ~
Marijo Van Dyke, Associate Planner
DATE: November 29, 1994
SUBJECT : Temporarv Use Permit 94-89. Larrv Smith. Green Vallev Estates.
Applicant: A request to permit a modul ar sales offi ce to
cont i nue operat i on at its present 1 ocat i on for a peri od of
eighteen (18) months, at 13750 Paseo Valle Alto and fronting
Lake Poway Road, in Green Valley Estates (the RR-B zone).
BACKGROUND
In the previous months Staff has received complaints concerning the presence of
the sales trailer for Green Valley Estates. The complaints pertained to the
length of time which the trailer has been on-site. There was also evidence that
sales were being conducted from the trailer as if it were just another local real
estate office. When informed of the complaints, the managers of the office
agreed to remove the REMAX realty office sign and to confine their activities to
only those direct 1 y related to the sale of properties within Green Vall ey
Estates. Staff was also informed by the President of the Green Valley Estates
Homeowners Board that there was a consensus among the residents that the office
was beneficial to the security and convenience of the residents of Green Valley
Estates.
FINDINGS
Recently Staff has received more complaints from homeowners within the Green
Valley Estates Unit 1, that the office was again displaying the REMAX brokerage
sign. This was confirmed by a field visit on November 22, 1994. Staff was al so
informed that there is not a consensus among the property owners within the
neighborhood concerning the appropriateness of the building remaining on-site.
Based on these findings, the recommendation of approval is being withdrawn in
favor of a recommendation to require the removal of the building within 60
calendar days.
ACTION:
See Summary Sheet
DEe 13 1994 ITEM 28 ,II
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Agenda Report
- November 29, 1994
Page 2
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to Green Valley Civic Association and a courtesy
notice was sent to all property owners within a 500 foot radius.
RECOMMENDATION
It is recommended that the City Council deny Temoorarv Use Permit 94-89, and to
require the removal of the sales trailer within 60 calendar days from the date
of this action.
JLB:RWQ:MVD:KS
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Building Elevations
D. Site Pl an
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TEMPORARY USE PERMIT 94-89
ASSESSOR'S PARCEL NUMBER 275-270-60
WHEREAS, Temporary Use Permit 94-89, Larry Smith, Green Valley Estates,
Appl icant, requests approval to retain a modular sales office at its present
location for a period of eighteen (18) months, on the property located at 13750
Paseo Valle Alto and fronting Lake Poway Road, in Green Valley Estates (the RR-B
zone);and
WHEREAS, on November 29, ] 994, the City Counc i 1 held a heari ng of the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
Pursuant to the procedure of the City of Poway implementing the California
Envtronmental Quality Act of ]970, the above-referenced project i~
categorically exempt, Class 3 and 11. '
Section 2: Findinos:
]. The proposed use is not in accordance wi th the purposes and
standards of Section ]7.26.030 of the Zoning Ordinance, in that the
ordinance specifies that "trailers may be used for no more than
ninety (90) calendar days or until such time as the subdivision
sales offices have been completed, whichever is less".
2. The generation of traffic will adversely impact the physical
character of the surrounding streets, in that the trailer is being
used as a general real estate sales office in a residential
neighborhood where no other commercial uses are permitted.
Section 3: City Council Decision:
The City Council hereby denies Temporary Use Permit 94-89, and instructs
the app 1 i cant to remove the t ra i 1 er and all obj ects apperta i ned to it
with i n 60 calendar days, and to restore the lot to a clean and orderl y
condition. Applicant shall post a faithful performance bond to that end,
as prescribed in Municipal Code Section ]7.26.030.
DEe 1 3 1994 ITEM 28 I
NOV 2 9 1994 ITEM .28
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Resolution No. P-
- Page 2
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of November, 1994.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1994, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
DEe 1 3 1994 ITEM 28 I
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November 28, 1994
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Uonorable Mayor, Don Higgins
tlonorable City Cou~cil Members
Poway City Council
13325 Civic Center Drive
Poway, California 92074
Re: Opposition to Temporary Use Permit 94-89, Requested by Mr. Larry Smith,
Green Valley Estates.
Dear poway City Council Members:
We have recently purchased the property at 15661 El Camino Entrada. Our property
is located adjacent to the modular sales office of Mr. Larry Smith. Mr. Smith is
requesting a temporary Use Permit to continue operation at his present location
for a period of eighteen (18) months.
The purpose of our letter is to express strong opposition to Mr. Smith's request.
Our opposition is based on the following concerns:
1. The modular sales office is a RE MAX office operating as a private business.
The Covenants, Conditions, and Restrictions for Green Valley Estates stat~s
specifically....
- "No lot owner shall occupy or use his lot or permit the same or any
part thereof to be occupied or used for any purposes other than as
a private residence. No occupation, profession, commerce, trade, or
.other non-residential use shall be conducted in any portion of the
project, except as permitted by the Poway Municipal Code."
It is our understanding that the right of the lot owner and his guests to
occupy or use their land,the commOn area thereof, is subject to residential
use only and the use for business purposes is strictly forbidden.
2. The modular sales office is an unsightly eyesore. It is a small wooden
building, which detracts considerably from the beauty of our home and the
homes of our neighbors in the surrounding area.
3. A RE MAX Real Estate office is located on Espola Street, in very close
proximity to Green Valley Estates. Mr. Smith's modular sales office
functions could be absorbed by that Real Estate office.
4. The continued existence of the modular sales office in its present location
will coustitute a nuisance to US and to the other property owners in Green
Valley Estates.
We respectfully request that our concerns be given your full consideration.
-- ~~~j:'P
CC~~I
DEe 1 3 1994 ITEM 28 , , / ' 1..
NOV 2 9 1994 ITEM 28 15661 El Camino Entrada
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8A Poway, CalifOrnia 92074
V~jJ~/~
GREEN VALLEY ESTATES HOMEOWNERS ASSOCIATION
cIa Strom Management
7920 Miramar Road, Suite 113
San Diego, CA 92126
(619) 578-8220
HAND DElJVE8~
DATE /2 - -'7 if
December 8, 1994
VIA HAND DELIVERY
-
James L. Bowersox -
City Manager
City of poway
13325 Civic Center Drive
Poway, CA 92064
Marijo Van Dyke
Planning Service Department
City of poway
13325 civic Center Drive
Poway, CA 92064
RE: Application for Temporary Use Permit 94-89,
Larry Smith, Green Valley Estates
Dear Mr. Bowersox and Ms. Van Dyke:
I write in support of the application for Temporary Use Permit
94-89 relative to the Green Valley Estates sales trailer located at
13750 Paseo Valle Alto (which fronts Lake poway Road) in Green
Valley Estates. I have been a member of the Green Valley Estates
Homeowners Association Board of Directors since 1991, and I have
been serving as President of the Board for the past two years. I
am also a member of the Association's Architectural Review
Committee.
The issue is one of whether the Green Valley Estates sales
trailer ought to be pe~itted to remain on-site as requested in
Larry Smith's application and as supported unanimously by the Green
Valley Estates Board of Directors. Staff's initial recommendation
was that the application be approved for a period of eighteen
months, and that the matter be reviewed upon the expiration of that
period of extension. On November 29, 1994, the date of the last
City Council meeting, our Board of Directors learned for the first
time that staff had reversed itself and was recommending denial of
the application. Thankfully, the matter was continued until the
DEe 1 3 1994 ITEM"IlY
_____ ___. "0....
next Council meeting of December 13, 1994. It is my hope that
staff will return to its original recommendation of approval, and
will make that recommendation at the next City Council meeting.
ISSUES RELATIVE TO THE TRAILER'S USE AS A SALES OFFICE.
From the time the trailer was placed on-site some years ago,
it has served as a sales trailer for the project. I do know that
sometime earlier this year, the green and white "Green Valley
Estates" sign was replaced by a red, white, and blue "ReMax" sign
indicating that the trailer was the "Green Valley Estates Office"
of ReMax. That sign did not last very long before it was removed
and sometime later replaced by a ReMax sign with Larry Smith's name
on it, indicating that Lot 72 (the lot upon which the trailer sits)
is for sale and is listed by ReMax. That sign made no reference to
the trailer being a sales office for ReMax. Of late, that sign,
too, has been removed.
I am not able to speak authoritatively to issues relative to
the trailer serving as a sales facility, and whether that function
violates local ordinance or is otherwise repugnant; except to offer
these observations:
. There are 77 lots in the project, and 18 remain
unsold. It is in the best interest of Green Valley
Estates and the City of poway that those 18 lots be
sold and developed as quickly as possible. To the
extent that the trailer serves to facilitate those
sales, it ought to stay.
. The Board of Directors of the Homeowners
Association does not take a position as to whether
or how the City limits or controls sales activities
out of that trailer. As explained in greater detail
below, Larry Smith and that trailer serve extremely
valuable community functions, and the nature or
extent of the sales activities out of the trailer
are of no direct interest to the Board, except to
the extent that sales of Green Valley Estates lots
are permitted to continue.
. Even if there is an ordinance which generally limits
the placement of sales facilities for some period of
time, I suspect that such ordinance predates the
current real estate and general recession. A two
year limitation may have been entirely appropriate
during the 1980' s, but I would respectfully suggest
that leniency ought to be granted during these
difficult times of the 90's. We must get these lots
sold to benefit our community and the City.
. Even if there is an ordinance limiting the time
that sales trailers remain on-site, an exemption is
DEe 131994 ITEM~.r
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apparently possible because such exemption was the
,>-. original recommendation of staff.
THOSE SUPPORTING THE APPLICATION versus THOSE OPPOSING IT.
As noted above, the Board of Directors of the Green Valley
Estates Homeowners Association unanimously supports the application
to retain the trailer. The Board speaks for 77 lot owners or, by
alternative analysis, 59 owners if the 18 lots owned by Larry
Smith's employer are disregarded. In the three years that I have
been on the Board, not one objection to the presence of the trailer
has been raised, formally or informally, to the Association Board
of Directors. The fact that any homeowner whatsoever opposes the
continued presence of the trailer is news to the Board. Indeed, at
our 1994 annual meeting, Larry Smith ran for a position on the
Board of Directors. He was unanimous Iv voted into that position.
It would seem somewhat inconsistent that anyone object to the
presence of the trailer, yet vote for Larry Smith to serve on the
Board of Directors.
By letter of November 30, 1994, Marjorie K. Wahlsten informed
Larry Smith that this matter will be continued until the City
Council meeting of December 13. That letter is copied to, among
others, Dr. Timothy Maresh. Dr. Maresh is the only person to whom
the let ter was sent who we can identify as a resident of Green
Valley Estates. I can assure you that Dr. Maresh has never
approached the Board on the issue of whether the trailer ought to
be removed. I can also assure you that Dr. Maresh has never
attended a Board meeting to enable himself to understand the value
that the trailer offers our community. Therefore, it would be
reasonable to conclude that Dr. Maresh represents one homeowner
who, for whatever reason, does not favor the continued presence of
the trailer. Quite obviously, Dr. Maresh does not speak for the
consensus of the community. Rather, I respectfully submi t , the
unanimous Board does.
Ms. Wahlsten's November 30, 1994 letter was also copied to
Rulette Armstead. I do not know who Rulette Armstead is. It may
be someone who is about to occupy the Tinker II spec 11 home. Ms.
Armstead has not consulted with the Board of Directors to express
any concerns she may have about the existence of the trailer. She
certainly cannot have any appreciation whatsoever as to the value
of the trailer to the community, regardless of her reasons for
favoring its removal.
Finally, the Green Valley Civic Association is also copied on
the November 30, 1994 letter. What stake that organization could
have in all this is baffling. The prominent access to Green Valley
Estates is up Lake poway Road off of Espola. The trailer must be
fully a mile or more off Espola. It is tucked into the center of
Green Valley Estates. I doubt that it is visible from any other
part of Green Valley. How and why could Green Valley Civic
Association possibly endorse the removal of the trailer?
Regardless of the answer, Green Valley Civic Association has not
DEe 1 3 1994 ITEM ~V
communicated with our Board of Directors and cannot possibly
understand the value of the trailer to our community. Quite
frankly, I believe it very presumptuous of Green Valley Civic
Association to involve itself in matters that are wholly the
concern of Green Valley Estates and of no concern whatsoever to
Green Valley Civic Association.
I suppose I have to consider that there may be other input
that staff is operating upon but which is not reflected in the
copies of the November 30 letter sent to Larry Smith by Marjorie
Wahlsten. If I could know more about anyone else who is supporting
removal of the trailer, I would like to have an opportunity to
speak to that opposition. Subject to knowing of any other
dissenters, I can once again assure you that none of them have
approached the Board of Directors to express their concerns, seek
our support, or undertake to understand the benefits the trailer
offers_the community.
ESSENCE OF THE ANALYSIS.
Attempting to be as objective as I can, it seems to me that
the staff's analysis of this issue would be one of the detriment
posed by the existence of the trailer, balanced against any
benefits that the trailer offers Green Valley Estates and the City
of Poway.
A. Potential Detriments. I've tried to anticipate some of
the objections that opponents to the trailer may have and my
list includes the following:
l. Aesthetics. As staff knows, this trailer is
aesthetically very pleasing. It is not a shiny aluminum
structure sitting out in the middle of an open area. It
is entirely wood-covered, and painted in natural earth
tones. In staff's original recommendation that the
trailer ought to be permitted to stay for eighteen
months, the building was described as follows:
"The building is attractive, well landscaped on
the exterior, fitted with arbors and wooden
decks, and painted colors which allow it to
recede into the overall landscape. Furthermore
it is not readily visible to residents outside
the immediate Green Valley Estates neighborhood."
I believe that staff's description is accurate and
fair. Parenthetically, the last sentence of that
description again raises the question of why the
Green Valley Civic Association is taking a position
in this matter.
2. Traffic. In this down real estate market, traffic to
and from the trailer, and parking outside of it, is no
problem whatsoever. Other than at Board meetings (which
DEe 1 3 1994 ITEM ~ r
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are convened at the trailer), there is most often one car
- in front of the trailer, and rarely more than two at any
gi yen time. No one can seriously contend that the
trailer causes a traffic burden on Lake Poway Road or in
the area generally.
3. Noise. There can be no serious contention that the
trailer causes any noise whatsoever.
B. Known Benefits. The predominant benefit of the trailer
is that its presence permits Larry Smith to be on-site up to
seven days per week. By being on-site, Larry is able to act
as an effective property manager for all of Green Valley
Estates. Our community is one that is very much in a state of
transition from subdivided lots through construction to
occupancy of custom homes. Because sales and construction are
il:l progress, there are many more day-to-day problems and
emergencies that develop. Larry Smith is critical to getting
quick solutions economically, often by paying for services out
of his own pocket. What follows are some examples of the
assistance that Mr. Smith provides our community on a regular
basis.
1. Gates. Green Valley Estates has four gates: two on
Lake poway Road, one at Martincoit, and one at
Midland. We may be the only gated community in
poway which offers the temptation of a shortcut from
one part of the City, through our community, to
another. Trespassing is a serious problem,
particularly with respect to the safety of children.
Our roads are narrow (25 feet in width) with no
sidewalks. Trespassers have no interest in our
community (except as a shortcut) and routinely speed
down EI Camino Entrada at the peril to community
children. Because of Larry's presence close to EI
Camino Entrada, he has been instrumental in
assisting us in the abatement of trespassers and
trespass problems.
Further, with all of the construction in progress,
there are routine problems with our four gates. The
gates break from overuse (with multitudes of
subcontractors using them on a daily basis) ,1 and we have
had multiple instances of outsiders "crashing" gates,
rendering them inoperable until someone is able to get
out and get them fixed. The number of gate failures in
our community is shockingly high, but our "down time" is
very low because Larry is able to get the gates
operational in short order.
1 As of the date of this letter, one of the Lake poway Road
.- gates is "down," and Larry Smith is working with vendors to get it
fixed.
DEe 1 3 1994 ITEM ~~
Another matter relative to the gates has to do
with authorized traffic which cannot get through
them. Construction people, guests, delivery people,
service people, and real estate agents often need to
gain access to the community for the benefit of our
residents, but cannot do so without proper codes.
Larry is available to assist these people (and, for
that matter, screen them to assure that their
purpose is legitimate) .
2. Landscaping. Green Valley Estates manages all of its
own landscaping along Lake poway Road and at its four
gates. Routinely, sprinklers are broken and water is
wasted as it cascades Lake poway Road into the sewers.
With Larry present on-site, he is able to detect problems
with our irrigation system and get the problems abated
_ and fixed quickly.
Further, with respect to landscaping, weed abatement
is a serious problem because of our undeveloped and wide-
open lots. Larry coordinates with the City and with our
management company to assure effective weed abatement.
3. Liaison for the Board and the Architectural Review
COllllllittee. Larry serves as the messenger for both
the Board and the ARC. Communications amongst Board
members and ARC members are routinely coordinated through
Larry. Larry faxes us notices of developments in the
community and other information. Without the trailer on-
site, the community's Board and ARC would be greatly
inhibited in its ability to effectively communicate with
other members. 2
Further, Larry often drives building and landscape
plans to and from our management company located in Mira
Mesa. He is also available to assist homeowners who are
trying to comply with building and landscape
requirements. On the other side of that equation, he is
able to assist us in working with lot and homeowners to
abate violations of community guidelines and standards.
4. Assistance to absentee owners who need quick answers
and turn-around.
As is the case with most community association Boards of
Directors, our Board meets once a month. In the
meantime, absentee lot owners often need to have
communication with and guidance from the Board. Larry is
2 I receive two or three faxes per week from Larry, apprising
me of problems and issues that have spontaneously arisen in the
development.
DEe 1 3 1994 ITEM ~y
- -
available to absentee lot owners to assist them with
- whatever questions or concerns they may have.
5. The trai1er as a meeting p1ace.
The trailer is the community meeting place for both the
Board of Directors and the ARC. Our meetings (not unlike
City Council meetings) often last until fairly late into
the evening. If we were not able to use the trailer as
a meeting place, it would represent a burden on members
of the Board who would have to bring those meetings to
their houses. Someday, such will be necessary, but for
now the trailer offers great convenience.
6. Assistance with emergencies.
- Because of all of the construction and transition in our
community, there are often emergencies. Recently, for
example, a car speeding down Lake Poway lost control and
crashed into one of the community fences, doing
significant damage. Because of Larry's presence, he was
able to summon the sheriff to do a report of the
accident, and gain necessary information so that we were
able to get reimbursement for the damage from the driver
of the car.
By way of second example, our community has been
- afflicted by a number of power outages (possibly related
to the on-going construction) . Power outages means that
gates will not function. Larry, by being on-site in the
trailer, is able to manually open the gates to avail
ingress and egress for our homeowners. He also gets the
gate timers re-set so that they open and close at the
proper times after a power outage.
7. Liaison with the City.
I invi te you to consult with the sheriff and the fire
department to confirm that Larry has been very useful to
those agencies in dealing with matters of protection of
Green Valley Estates.
Conclusion.
I respectfully submit that the benefits derived from the
presence of the trailer far outweigh any perceived detriment. Our
community is greatly benefitted because the trailer is present and
Larry Smith is officed inside that trailer. It is clearly in the
best interest of Green Valley Estates and the City of Poway that
the trailer remain, subject to review after an eighteen month
extension.
.""
DEe 1 3 1994 ITEM ~~
I look forward to discussing this matter with you either by
telephone or in person. In the meantime, I ask that you revise the
staff recommendation to support the temporary use application and
not cause us the harm which we will suffer if the trailer is
required to leave our community.
Barker
GVE HOA
-
DHB:mjd
cc: GVE HOA Board members:
Jamie Levy
Gail Langford
Max Gelwix
Larry Smith
GVE ARC chairman Bill Gibbs
DEe 1 3 1994 ITEM 3.i
- ,()~ ~((l" I~ /'<''/191
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December 9, 1994
i cA.! i
L. c
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..~, ;/ , ;/'
Mr. James L. Bowersox Lf ,"'" l'l.i.
City Manager ~'lll<t 'j'
-" "P:.-/I
City of Poway ~ I::;"J
13325 Civic Center Drive ern Y
Poway CA 92064 Clry /.1< y OFp(),.
1If/'d~'A.I'\,... t....'YliV
."-,(,,l:~)~.. _
, "'11/::",.
Re: Application for Temporary Use Permit for Sale~~railer at
Green Val1ey Estates
(Temp. Use Permit 94-89, Scheduled for Council hearing on
November 29, 1994 and continued to Dec. 13, 1994)
Dear Mr. Bowersox:
The revised Resolution on this matter, attached to the
revised staff report dated November 29, 1994, states that the
Htrai ler is being used as a general real estate sales
office".
This IS not true at all.
The trai ler is staffed by one agent~ Larry Smith. who has
,- been associated with the Green Valley Estates development
from its inception. As he states in his letter to Ms.
Wright-Quastler of December 8, 1994, his sole goal IS to sell
the remaining 10ts. Since he cannot be expected to be there
at all times 7 days a week, another agent, who works out of
our main office In Rancho Bernardo, assists him. No one elsE'
works there. It does not have the staff, MLS computers,
maps, floor plans, microfiche; contract forms, etc. that a
"general real estate sales office" must have.
But to sell lots, the sales persons must be licensed. So the
owner must employ some broker, and that broker must place
agents there. Anne Winton did this bef01-e us. If the owner
should become dissatisfied with RE/MAX, then another broker
must replace us. I understand the restrictions the special
use permit places on us, and we are following and wi 11
continue to follow them.
I I ve been told that some of the complaints about the trailer
come from other brokers. But I have been unable find out l~JI-10
they are. So I must speculate. The complaints must surely
have come from one or more of three of my competitors. Lets
look at who they are:
- ~94 ITEM ~'i '1
U
. of rancho bernardo
16730 bernardo center drive
san diego. california 92128
phone: (619) 485-1700
each office independently owned and operated
1. Anne Winton I'> Associates. This office used to be the
broker, but, as Mr. Smith says in his letter, the owner
berame dissatisfied with their efforts. The Winton office
and mlne compete for dominance in Rancho Bernardo and North
POt-vay. The 1 istings of the lots gives me bigger presence than
I used to have, vi z. , a competitive advantaqe thev usPrl tn
have that I now have.
2. Another RE/MAX broker. This broker has a franchise to
have an office in Poway south of a 1 ine that rOLJqhly
pClrallels Twin Peaks Road. No such office exists at this
time. That broker has complained to the RE/MAX franch i srn-
ahout mv new office at the carner of Espola Road and Valle
Verde. That broker does not want me to advertise the truth.
that I have a sales office In Poway on Espola Road. But the
RE/MAX franchisor has ruled against the other broke,- .
3. McMillin Realty. This company used to lease the officE" at
Espola Road and Valle Verde. But its lease expired and thp
owner chose to lease with me instead of McMillin. The
Mcl1i I 1 in aqents there were forced to move to Carmpl Mountain
Ranch, and have been upset.
The staff and the City Council ought to ignore complaint~
from brokers such as these. These are really complaints
about my success. Competition is fierre, and anyone of us
wi 11 do whatever (so long as ethical ) to gaIn advantage over
the others. That IS what your broker complaints amount to
and no more.
Such complaints don't deal with the real issue here, which
i 5: is the trailer good for the developer, the home owners of
the area, and for the City of Poway? If so, the trai ler
should remain. If not it. should go. Other letters to vnu
address this ISSUE'. 1 seriously doubt that the complaints of
my competitors do. And so they should not be qiven weight.
Fi naIl y, I know that your staff has been concerned with
varIOUS signs that have been put up. First, for sale siqns
are lawful, and the tra i 1 er is on a 10t that is for sale.
Second, we are willing to develop a special siqn for the
trai ler that meets the city's needs and the developers' too.
I'm sure this can be done. Again, the issue over signs l~
not the real issue. and it can be resolved.
":"eo ~,""".' "eo,
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DEe 1 3 1994 ITEM lea
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. DEe 1 3 1994 ITEM j$ >'
]2-12-1994 14:41 6195m>90003o09 lMED CORP. - P.ool
December 12, 1994
Mary Jo Van Dyke REe~jVFD
City of Poway
Planning Department DEe 12 1994
13325 Civic Center Drive
Poway, CA c.:~\ ;'y I~i." j--.........i...'.<y
FAX 679-7438 PLf\!\lNli\lG DEPT.
Dear Mary 10,
I would like to register my objection to extending a permit to the Green Valley
Estates sales trailer on Lake Poway Road. This Sales Office was initially set up
before there wcre any homes in the Green Valley Estates and Summit. I also
believe it was approved for selling only Green Valley Estates properties. It is my
- understanding that this office now serves as headquarters for real estate agents who
are selling properties all over Poway. The area is not zoned for commercial
projects. The area is now sufficiently developed so as to not require a staffed Sales
Office. It seems in the past that Sales Offices have become permanent (eg. Ann
Winton and Remax on Espola Road).
Since we will not be able to attend the City Council meeting on Tuesday, we would
like to have this teller serve as our objection to the continuation of this office.
Sincerely,
\'~L-
Tim and Lin Vanderveen
13571 Summit Circle
Poway, CA 92064
748-1046
TV/st
- cc: City Clerk's Office (FAX 748-1455)
DEe 1 3 1994 ITEM 28
- -
December 12, 1994 .;\.- , 1 ~- .
1. .......~. .,
-, ....i......"'!'
Ms, Reba Wright-Quastler
Planning Services Director
CITYOFPOWAY
P,O. Box 789
Poway, CA 92074-0789
Dear Ms. Wright-Quastler,
I own both a home and a lot in Green Valley Estates and reside at 15850 El Camino
Entrada in Green Valley Estates,
Recently, I became aware that staff at the City of Poway recommended to the City
Council that the sales office for Green Valley Estates be removed. It is hard for me to
understand such a recommendation. It is in the best interest of the area homeowners
and the City that the sales office be allowed to remain.
The City will benefit in more taxes if it is left there, The sub-division lot sales will be
enhanced if it is left there and more lot sales means more house construction which
means more fees and higher taxes. Much of the sales activity in the office actually
competes with vacant land in other parts of the county and, therefore, focuses
attention to the community and the City of Poway, It would be a shame to lose this
benefit.
The sales office also is a benefit to the community and to Green Valley Estates, It
provides a location for the homeowner's meetings. It helps in preventing vandalism
and crime. It helps in monitoring the activities of the non-residents. It coordinates
access to the sub-divisions for construction workers, and helps maintain the
landscaping in the area, These are valuable benefits and, as a homeowner, I would not
like to see them disappear.
The sales office is landscaped and maintained and is pleasing to the eye. I do not
understand how the Real Estate trailers at Martincoit Road & Rancho Bernardo Road
and Valle Verde Road & Rancho Bernardo Road could exist in Poway for such a long
time if the Green Valley Estates sales office is recommended to move. The other
offices are not as pleasing to the eye and are on major roads for everyone to see.
DEe 1 3 1994 ITEM 28
- -
- December 12,1994
Page Two
I also would be interested to know why the staff reversed their earlier recommendation
to let the sales office remain. Was this the result of influence of some friend or
supporter of a council member or mayor? I hope not because this type of potential
influence is what gives government a bad reputation and makes taxpayers angty The
original recommendation of staff should stand!
Also, any property owner in Green Valley Estates who complains about the trailer
must not realize the benefits to the community or must have a hidden agenda. The
sales office was there when they bought their property, and should remain until all the
lots are sold.
In summary, I urge the Planning Service to recommend that the sales office be allowed
to remain and that the City Council approve its remaining, It offers many benefits to
the City and the community.
Sincerely,
tJd-i!. ~iC---
- William H. Gibbs
-
DEe 1 3 1994 ITEM 28
- -
1~!'::j ,~
Dr. And Mrs. Jamie Wolosin
13662 Via Serena
Poway, CA 92064
December 7, 1994
Mrs, Reba Wright-Quastler
Planning Services Director
13325 Civic Center Drive
Poway, CA 92064
Dear Mrs. Wright-Quastler,
We live at the above address in Green Valley Estates. Weare writing this letter in support
of Larry Smith having a sales trailer on the Green Valley Estates property. He assits the
homeowners in many ways and is an asset to us. We believe that the sales trailer adds visibility to
the fact that lots are still for sale in our neighborhood. This visibility will hopefully aid in the sale
of all the lots here. This would ultimately raise the value of our property, which we all desire.
~
Sinc~ m -:Ph'
::...-;//~ J ~ 'c.-'- -....
J~and Donna Wolosin
DEe 1 3 1994 ITEM 28 J
,
- -
December 2, 1994
Ms. Reba wright-Quastler
Planning Services Director
13325 civic Center Drive
Poway, CA 92064
Dear Ms. Wright-Quastler,
I am a homeowner in Green Valley Estates, residing at 13653 Via
Serena, Poway. It has been brought to my attention that there is
a proposal to move Mr. Larry smith and his Green Valley Estates
sales trailer off Lake poway Road. I would like to go on record
as opposing this proposal. Larry smith provides valuable services
to our community and I think it would be a disservice to have him
move. The sales trailer and surrounding grounds are always kept
up to the high standards of our development, and I believe the
physical presence of his office is necessary for the continued
interest and eventual sales of the remaining lots in Green Valley
Estates. The sooner these lots are sold and built on, the sooner
our property values will go up -- something we are all waiting for.
It seems to me that Green Valley Estates and Green Valley Summit
are the only communi ties affected by this issue as the sales
trailer is located on Green Valley Estates property, through which
Summit residents have to pass. I do not understand the relevance
of this issue to other poway residents, communities, or businesses.
Again, I oppose the removal of Larry Smith's sales office, and
support his continued presence on Lake poway Road. I appreciate
your attention.
Sincerely,
lxlJhu~ct
Gail Langford
13653 Via Serena
Poway, CA
679-1089
DEe 1 3 1994 ITEM 28 I
.- -.
-
December 8, 1994
Ms. Reba Wright-Quastler
Planning Services Director I
13325 Civic Center Drive
Poway, CA 92064
Dear Ms, Wright-Quastler:
I have just learned that the Poway city staff is going to recommend that Larry Smith no
longer be permitted to conduct business from his Green Valley Estates traileL We find the
recommendation particularly surprising given an 18 month extension of his permit was
just granted or planned, We believe the opposition to his occupancy is very limited and in
part comes from a source that should not have any direct say in the matter (Anne Winton).
The fact that the Green Valley Civic Association (GVCA) is also opposed is not
appropriate since the GVCA neighborhood, the community directly affected, Green
VaUey Estates, is supportive of his continued operation out of the trailer. We believe
that GVCA's position is a direct reflection of one Green Valley Estate homeowner's
participation in GVCA matters. The Green Valley Estate's homeowner's board was not
even approached by GVCA as to their position,
Our home backs up to Lake Poway Road. The views and vistas that attracted us to our
home are out of the back of our house over Larry Smith's trailer and we do not object to
its continued presence. We feel we are one of the families most immediately affected
by the trailer and yet we are requesting it remain. Larry Smith has been very
supportive of our neighborhood and we would miss his presence.
We ask you to reconsider your position and to base your decision on the input of the
community and families most directly affected.
Yours truly,
~~
~~ \ ~ ~
110;: S :::r;:
Lori Angell Cramp
15773 El Camino Entrada
Poway, CA 92064
619/486-6189
DEe 1 3 1994 ITEM 28
...
- LARRY G. SMI11l -
GREEN VALLEY ESTATES
13750PASEO VALLEALTO rf
POWAY, CALIFORNIA 92064
"'ONE'l' 4If ,tw , \
' " ,Q;:'1
l _..."r
DECEMBER .. 1_
MS. REBA WRIGHT-QUASTLER
DIRECTOR OF PLANNING SERVICES
CITY OFPOWA Y
13J25 CIVIC CENTER DRIVE
POWAY, CAUFORNIA 92074-0789
RE: APPUCA770N FOR TEMPORARY USE PERMIT 9<1089
GREEN VALLEY ESTATES
DEARMS. WRIGHT-QUASTLER,
I AM WR177NG TO YOU IN HOPE 11lAT 11lE CITY OF POWAY STAFF WOULD AGAIN REVIEW OUR
APPUCA770NTOHAVEAN0FF7CEALONGLAKE POWAY ROAD FOR 18 MONTHS. 11lE GREEN
VALLEY ESTATES HOMEOWNERS ASSOCIA770N HAS INDICATED 11lERE ARE HOMEOWNERS
11lAT WOULD UKE TO EXPRESS AN AFFlRMA77VE ANSWER TO HAVE 11lE OFF7CE REMAIN.
UNFORTUNATELY IT IS 11lE HOUDAY SEASON AND WI11l 11lE DECEMBER 11. 1994 HEARING
DATE WIll BE DIFFICULT TO GET OUR SIDE REVIEWED IN A TIMELY MANNER.
I WOULD UKE TO ADDRESS 11lE SALES OFFICE Sl7VA770N. FIRST, I AM EMPWYED AS
MANAGER OF 11lE REMAINING EIGHTEEN (18) LOTS 11lAT ARE UNSOLD, BY AND ENTITY
CAllED FF&E TRUST. MR. MARVIN GOODSON IS 11lE TRUSTEE. I WAS TOLD BY 11lE TRUST TO
-- UST 11lE PROPERTY WI11l A LARGER REAL ESTATES FIRM IN 11lE LOCAL AREA. SINCE WE
USED ANNE WIM'ON ON 11lE INITIAL PHASE AND WERE NOT HAPPY WI11l 11lE RESULTS, IT WAS
DECIDED TO USE RE/MAX OF RANCHO BERNARDO. I BEUEVE 11lE TRUST IS WITHIN IT'S RIGHT
TO ENUST 11lE SERVICES OF ANY REAL ESTATE FIRM 11lEY WANT. IT IS HARD FOR US TO
UNDERSTAND WHY 11lE CITY WOULD BE PERSUADED BY COMPE7777VE REAL ESTATES
COMPANIES WHEN 11lEY WERE NOT SELECTED BY 11lE TRUST. IT WOULD APPEAR 11lAT
COMPE77TORS SHOULD BE GLAD 11lAT THIS TYPE OF REAL ESTATE IS AVAILABLE WHICH CAN
EARN 11lEM AS MUCH AS 11lE US77NG OFF7CE GETS FROM A LEG177MATE SALE AND NOT
COMPLAIN ABOUT WHO 11lE OWNERS DECIDE TO WORK WI11l
1 AM SORRY ABOUT THE SIGN PLACED ON WT 7Z WHI!RE THE OTFICE IS LOCATED. 1
MISUNDERSTOOD 11lE PREVIOUS SIGN WAS INAPPROPRIATE AND WAS TAKEN DOWN
IMMEDIATELY. 11lE SlGN11lAT WENT UP WAS 11lE NORMAL REAL ESTATES SIGN 11lAT WOULD
BE PLACED ON ANY PROPERTY FOR SALE IN 11lE CITY OF POWAY. 11lE GREEN VALLEY ESTATES
REALTY SIGNS 11lAT APPEAR ON EACH WT FOR SALE BY 11lE TRUST WAS NOT REPLACED WHEN
11lE TRUST DECIDED TO UST WI11l RE/MAX RANCHO BERNARDO. IN ORDER TO KEEP COSTS
DOWN WE JUST ADDED A (USTED BY RE/MAX RANCHO BERNARDO) TO 11lE EXlS77NG SIGN.
UNDER NO CIRCUMSTANCE WOULD WE JEOPARDIZE OUR REL.4770NSH1P W1TH 11lE
HOMEOWNERS HERE AT GREEN VALLEY ESTATES OR 11lE CITY OF POWAY. IF IT IS DECIDED
NO SIGN SHOULD BE PLACED ON 11lE PROPERTY WE WIll COOPERATE FUllY.
-,
DEe 1 3 1994 ITEM 28 I
"..."w
.' "
- -
PAGE NUMBER TWO
-
I WAS PART OF 71IE ORIGINAL DEVELOPMENT 7EAM WHICH PURCHASED TlHS 177 ACRE
PARCEL OF LAND AND WENT THROUGH 71IE TASK OF DESIGNING AND GETI1NG THE PROJECT
APPROVED IN THE CITY OF POWAY. NO COST WAS SPARED TO BlffLD THESE 77 LOTS. WHEN
THE CITY ASKED FOR SEWER TO BE PLACED TO A LOCA770N THE CITY HAD NOT PROVIDED IN
THE PAST WE PAID FOR IT. WHEN THE CITY ASKED US TO COMPLETE LAKE POWAY ROAD IN
THE FIRST PHASE IN PLACE OF THE SECOND PHASE WHICH WOULD HAVE BEEN MORE COST
EFFEC71VE WE DID IT. WE ENUSTED THE HELP FROM THE DEVELOPER OF THE SUMMIT TO
HELP PAY FOR 11flS ROAD AND GOT NO HELP. WHEN THE CITY ASKED US ro PUT IN
APPROXIMATELY 1/2 MILE OF OFF SITE LAKE POWAY ROAD WE PAID FOR IT. 11flS PROJECT
COST OVER SI7,()()O,()()O.OO ro BlffLD. I MOVED DOWN HERE ro COMPLETE THE PROJECT AND
SEE THAT ALL OF THE CONTRACTORS AND BANKS WERE PAID IN FULL. I WAS ABLE TO PAY
EVERYONE EXCErr FF <IE TRUST OUR PRIMARY LENDER. SINCE MR. BERMAN AND I COULD
NOT SELL THE REMAINING LOTS WE WERE FORECLOSED ON BY THE TRUST. I WAS FORTUNATE
THAT MR. GOODSON HAD FAITH IN ME AND G4.VE ME THE OPPORTUNITY TO WORK OUT THE
REMAINING LOTS HERE AT GREEN VALLEY ESTATES. WHEN 1 EXPLAINED TO MR. GOODSON
ABOUT THE OFFICE, HE INDICATED HE WOULD UKE OUR PRESENCE ro REMAIN HERE AS
LONG AS IT TAXES TO WORK OUT THE SALE OF 11flS PROPERTY. THEY ONLY HOPE THEY CAN
RECAPTURE THE S5,()()O,()()O.OO THEY HA VE IN THESE I' LOTS.
IN ORDER TO ASSIST THE TRUST AND THE HOMEOWNERS HERE AT GREEN VALLEY ESTATES I
HA VE STA feD AND HA VE BEEN REELECTED THREE 17MES FOR A TOTAL OF 6 + YEARS AS A
MEMBER OF 71IE BOARD OF DIRECTORS. I HA VE NOT RUN FOR PRESIDENT AS I FEEL THE
HOMEOWNERS SHOULD RUN THE ORGANIZA770N AND NOT ME. I HAVE DEVOTED A GREAT
DEAL OF 77ME TO HELP KEEP THE PROPERTY UP AND THE VALUES OF EACH ONE WHO UVES
OR OWNS PROPERTY HERE. I AM SURE, IF YOU WILL GIVE US THE 77ME WE CAN SHOW THE CITY
OF POWAY THAT THE QUES770N OF AN OFflCE HERE AT GREEN VALLEY ESTATES IS A PLUS
FOR THE COMMUNITY AND NOTA NEG4.77VE AS SOME HAVE INDICATED.
IN SUMMARY, I ASSURE YOU TlHS OFFICE IS NOT UKE THE OTHER TEMPORARY OFflCES
ALONG ESPOLA. WE DO NOT WANT TO BE HERE ANY LONGER THAN THE WORK OUT TAXES US
TO COMPLETE, REMEMBER 11flS IS FF<IE TRUST'S OFFICE AND NOT RENTED OR OWNED BY
ANY OTHER REAL ESTATE flRM. GIVEN A BETTER REAL ESTATE ECONOMY I WILL SEE THE
PROPERTY IS SOLD AS QlffCKLY AS IT IS POSSIBLE TO DO. I HA VE OTHER 11flNGS I WOULD UKE
TO DO WITH MY UFE. PLEASE ALLOW US THE OPPORTUNITY TO DISCUSS THESE ISSUES WITH
YOU AND YOUR STAFF SO THAT FF4.E TRUST CAN BE ALLOWED TO MARKET THEIR PROPERTY
INA 77MELYMANNER.
SINCERELY,
-'
lX: MR. GOODSON, FF<IE TRUST
"GOODSON 4. WACHTEL
10940 W1lSH1RE BL "7>. SlffTE U(J(}
LOS ANGELEs, CA. 90014
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DEe 1 3 1994 ITEM 28 I
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DEe 1 3 1994 ITEM 28 I
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December 13, 1994
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Mary Jo Van Dyke
Planning Department ..
Ci ty of poway
Ms. Van Dyke
As a homeowner in Green Valley Summit I am opposed to the trailer
that is on Lake poway Road used to house a real estate office. About
two years ago as President of the HomeOwners Association I contacted
the city about the structure and was told the area residents felt it was
a necessity because of the number of lots still for sale, well that has
changed, the majority of lots have sold and are bUllt or being built on.
The trailer is not only being used for a business (which I question since
we are a resldential area) but it IS being used as a community center.
Contractors meet there when they should be meeting on the lots and
the Homeowners Association meets there when they should be meeting
in a "Home". This was never intended as a community center.
Some of the nearest homes cannot come forward and complain because
the realtor subsidized thew landscaping so the trailer and the parked
cars would not be visible from their home
When there are cars parked in front of the office and you come down Lake
poway Rd. your view of the entrance at the gate is completly blocked
and you cannot see the cars exi t i ng from that area so it becomes a
hazard.
I see no reason for the trailer to continue to exist on Lake poway Road.
It no longer needs to serve the purpose it was intended for and I hope
the city will have it removed.
Sincerely,
~_~(.,--,___ . u _.__.n._.___.____~
Lorene Bowers
15655 Boul der Ridge Lane
Poway, Ca 679-7719
DEe 1 3 1994 ITEM 28