Item 6 - MDR 85-59 - Ruppert and Wanda Jones-- AGENDA REPO
TTY OF POA
you
TO:
Honorable Mayor and. Members: of a City Council
FROM: -
James L. Bowersox, City Mana
INITIATED BY:
John E. Bridges, Acting Director. of Planning Services'
DATE: -
February 11, 1986
SUBJECT:
Minor Development Review 85-59 - Ruppert and Wanda
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Jones, Applicants:: A request to install a dish
antenna, ten feet six inches in height and ten feet
in diameter for the property located at 13547 Orchard
Gate. Road in the RR C (Rural Residential. C), zone..
5
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APN: 275-73,1-15
ABSTRACT'
PROJECT'PLANNER. Sharon Crockett, Assistant Planner
PARCEL: SIZE::
..70 'Gross Acres
GENERAL .PLAN DESIGNATION: Resident.ial Rural C'
ZONING.:-
Rural Residential C'
SURROUNDING DESIGNATIONS: (See Attachment 2.)
RELATED CASES:
None
CORRESPONDENCE RECEIVED:; (See Attachment 9 A -D}
ENVIRONMENTAL
RECOMMENDATION: Categorically Exempt,. Class 3
STAFF RECOMMENDATION: Approve, subject to conditions
ACTION
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20F 17 FES11 985 IT E b.
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Agenda. Repos
February 11: , 1986
Page 2,
BACKGROUND
A. Project Description
The applicants are, requesting Council approval of a Minor
Development Review Application. €MDRA.85-59) for the installation of
a- dish antenna, ten feet six inches in height, and ten. feet in
diameter. The .property is located at,13647 Orchard Bend Road in
the RR-C'€Rural. :Residential C} zone. The dish is proposed to be
installed approximately 20 feet from the easterly property line on
• a landscaped bank and behind the residence (see Attachments 4, 5,
and 6) .
Chapter 17.37.101 of the Municipal Code contains regulations to
minimize the adverse visual effects to the surrounding, neighborhood
associated with, the installation of a satellite dish antenna. The
regulations allow dash antennas to be. installed within all residen-
tial zones provided: that the applicant complies with the following
conditions:
x 1 All dish antennas six feet or greater in diameter and/or height,
t
shall require a Minor Development Review permit;
2.. All dish antennas located in residential zones shall be ground
mounted regardless of height and diameter and. shall. be screened
} from view of adjacent or across -the -street properties by the use
of an: architectural feature, fencing, and/or landscaping--
andscapi$g3.
3.A building permit is required for the foundation, and an
electrical permit may be required for any power -driven dishes;
and
All dish antennas shall be treated as accessory structures; and
. shall meet. the height and setback requirements: of the respective
zone.
HISTORY
The. application; was received on November 12, 1985.., on December 2,
a Public Notice was sent to the adjacent and the across -the -street
properties. Subsequently, on December 7, the Planning- Department
received correspondence from the Green valley Highlands III
Association protesting the proposed installation of the dish
antenna as: a violation of the protective covenants for this sub --
division (see Attachment 9 A -D).. The applicants were asked to sub-
mit graphic illustrations. showing how the dish will be screened
from adjacent properties¢ and what the screening will look like
from the adjacent properties. (see Attachment 8). The applicants
have submitted two paintings which will be -presented at the public
hearing as. Exhibits A and. B.
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20F 17 FES11 985 IT E b.
3 OF 17 FES 111.01806 1 T E M 6
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Agenda Report
February 11, 1986
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page3
SUMMARY -i
Staff has reviewed the submitted information, and,has taken photo-
graphs,of the proposed:. location of the dish:-from the curb of thee.
public street and from the properties to the east and south,of the
site. The complete: photographic study will be presented at the public
hearing as Exhibit C.. The photographic study found that the proposed
dish would not be visible from the back 'door of the properties to the
east or south:. The residents would have to walk out to the end of
their patios and look down the hill before they would seethe- dish..
Staff has superimposed a dish antenna on the photographs (see
Attachment 7). The photographs show what the dish would look like.
without screen nar41 It is the opinion of Staff that the dish. antenna
can be screened from view of adjacent and across-the-_tree.t proper-
ties. The exhibits the applicants have: submitted do not clearly
illustrate how the dish will be screened:. They do not. specify plant
species, location or size of the proposed landscaping. Also, the
exhibits do not show how the dish will be screened.from view of
Orchard Gate Road.: Staff has contacted the applicants and they will
present additional information and exhibits at the hearing to verify-
that the dish can be screened.
Approval of this application will require the dish to be screened from
view of adjacent. or across-the-street. properties by the use of an
y,
architectural feature, fencing, and/or landscaping. A building permit
is also required.
It is the City Attorney's opinion that, should this application be
approved..,: the applicant would not be relieved of his obligation under
law to comply with. -the CC&R's applicable to his property. The.
enforcement of the CC&R's by a home owner association on individual
owners would not be: affected by the issuance of a City permit. The
City has not historically enforced private CC&R's and has not denied.
permits which appear to violate CC&R.'s provided that the: requested,
permit is consistent with. City ordinances.
B. Environmental. Review
This item is exempt from environmental review under the provisions- of
the California Environmental Quality Act and the City of. Poway
Procedures to Implement CEQA. A Categorical Exemption, Class 3, is
recommended..
C'.. Correspondence
Public Hearing notices were sent to the adjacent property owners
approximately ten days before the: hearing.
3 OF 17 FES 111.01806 1 T E M 6
Agenda Report
February 11, 19:86
Page
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RECOMMENDATION:
If they City Council feels that the. dish antenna can be adequately
screened, it is recommended that the Cite Council approve: Minor
Development Review. 85-59 subject to conditions contained in the,
attached resolution.
JL'B i JEB. a SEC : is
Attachments.-
ttachments:1..
1.Proposed Resolution
2. ;Surrounding General Plan and Zoning
3 Location Map -
4. Site. Plan
5. Proposed Dish.
6. 'Proposed Height of Dish
?. Proposed Location, of 'Dish
8. Correspondences to Applicant
9rW Correspondence from Surrounding, Property Owners (`a,
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40F1 7 SCS 11 19953 ITEM:�
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RESOLUTION NO., P-
A RESOLUTION OF' THE, CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW'8'5-59
ASSESSOR'S' PARCEL NUMBER'275-731-15
WHEREAS_ Minor Development Review 85-59, submitted by Ruppert
and Wanda.Jones., applicant, requests a dish antennas ten feet six:
inches. in. height and ten feet in diameter for the property located
a
at 13647 Orchard Gate Road, in the RR -C (Rural Residential. C)`z:one
and
WHEREAS',, on; February ll,, 19861, the City Council held a hearing
on the above -referenced item.
NOW, THEREFORE., the City Council does hereby resolve as
follows.
Section l Findings -.
r
1,. That the proposed development is in conformance with the
Poway General Plan.
2 That the proposed development will not have an adverse
aesthetic., health, safety, or architecturally related
impact upon adjoining properties in that the dish:an€enna
.shall be screened. from adjacent and: across -the -street pro
Perties by the use of landscaping., {
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3. That_the.proposed.'development is, in compliance with the:
y Zoning Ordinance in' that the applicants have coy -plied. with
the regulations for the granting of a Minor Development
Review Application.
4., That the: proposed development encourages the• orderly and
harmonious appearance: of structures and property within:
the City.
Section 2. Environmental Findings
This item is exemptfrom.environmental review under the provi-
sions of the California Environmental Quality Act and the City
of Poway Procedures. to Implement CEO&. A Categorical
Exemption:, Class 3 has been issued.
Section 3s City Council Decisions
The City Council hereby approves Minor Development Review 85-59'
subject.to the following conditions:
i
1. Within 30 days of approval, the applicant shall submit in
writing that all conditions of approval have been read and
understood..
FES 11 ITEM 6
Resolution NO. P-
Page 2
2., A building permit shall be obtained for installation of
the dish antenna.
3. The dish antenna shall be screened from view of adjacent
or across -the -street properties; by _fencing or landscaping.
A reoised,site plan illustrating species,, location, and
size, of landscaping shall be submitted to the- Planning
Services. Department prior to building permit issuance.
The dish antenna.shall have dark coloration to blend. with
approved. landscaping.
E:
f 4.: Said landscaping shall be planted within 14 days after
building permit issuance and.'shall adequately screen the.
antenna within one year to the satisfaction of the
Director of Planning Services..
Section 4e City Council, Decisions
The City Council hereby approves:- Minor Development Review
85:-59'
APPROVED and ADOPTED1 by the City Council. of the City of Poway,
State of California, this 11th day of February,: 1986.
Carl R. gruser Mayor
ATTEST;.
Marjorie K. Wahlstenr City Clerk:
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FEBr 11, 19&6 ITEM
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When performance, strength. and reliability are important, look to
ORBITRON , the ultimate mesh antenna. Strength and parabolic accuracy
are assured in every ORBITRON antenna using our custom tempering
process and larger rib section. Powder coated mesh panels are guaranteed
against damage from wind or snow loads. The ORBITRON TEN with .30
FID is certified for 2 degree spacing. Range test results show 40.2 dBl
gain and side lobes more than 20 dB down. The ORBITRON TEN is U.F.S.
shippable and assembles in 1 1/2 hours using cadmium plated hardware.
Insist on the finest mesh antenna on the market, the ORBITRON TEN.
CITY OF POWAY
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ITEM : MDI:2061/4 ta"5--45.7
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a.� TY OF POWAY'
MARYSHEPARDSOIo1,DerM
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-Tamazy6, 1986
•"'!moi' �"' and: *+c aft Jones
13647 Orchard Cato Road
POW,, (M.. 92064
S01 M=.*. mm 85-59
Dftr Mr. and Mrs. Jones:
The Planni,aq Services DePartmeint :mild like to schedulL your request to install,
a disci antenna. as soonas ps%c% before the City Coancil.
Prior to scheduling, the, t will need
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be
ve e$ � -�„a a.a the graphic: iitustrations that
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s with m=. Jogs and Bryan Pastor ofPacific Satellite.
Agasn, theme iiltastrations wiiY need, to show how the. disiz will. be screened. frog
adjacent s. and wfrat the screening wild. look. Like frac the adjacent
• `Lha;. il1LL''T.Z3t�iGn35 will i1-4. the- Count l is their; cons drat = of
Xaur: atipitcation _tom 8�-59:2,_
Zf you suit~ the i�.I.us =t ons !fir 5:00: P.m=. , an January I4,, 1996, wa win be,
aw to ,the .heecaag for January Z8. Pleas w-uraerstand .w. need -a. tom.
wegit: p6r ,betty+ .subs ittaL of then illUgtrat ons>and ttie.,puaiic, 'fearing- to
precare a staff reP= and tc notify the adjacent prom.. -Lv owners.;
Tf y u have -any gaft-#ons regarding: what: � is - ed prior to public: hearing,
please- call Sharon: Cmckett..
sincerely,
John E. Bridges;
Actim Dire roe. of Plu niag Services
cc: Bryca Pastor
Pacific Satellite Installers
4035 Pacific Highway
San Diego, CA 92Uo
Richard Bender
Gram valley, Highlands:: Architectural Caaat ttee
15903. Ranch Hollow Road.
` may, CA 9206
f' City KaU Locared ar. I3.325 CMc Center Drive
nailing Address: P.O. Box 789.- Powav, Caiifornia 92064 • (6I9) 748-6600.(619) 695-1400
CITY P A
ITEM
TITLE
13 OF 17 ES .1 Q8a 1 T � M
Department of Planning Services
City Of Poway
P. 0. Box 789
Poway, California 92064
December. 7, 1985
Re. MDRA85-59
Dear Sirs:
As homeowners residing on the west side of Overview Road in
Green Valley Highlands Unit No. 3, we must endeavor to preserve
the unparalleled: view offered us from our property. Any
construction which negatively impacts on this view is both
undesirable and Contrary to our Protective Covenants. Thus, you
can imagine our consternation when we learned that Mr. Ruppert
Jones of 13647 Orchard Gate Road desired to install a satellite
dish, television antennae on his property. Such a dish wouid'be
in plain view from our back yards and, in addition to being
unsightly, couid.negativeiy impact on our property values. As
such, we must violently'oppose his request and trust that you
will support our view.:
Sincerely yours, /
•
Dr.. and Mrs A. Jermyn
15914 Overview Road
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Mr. and Mrs. Park
15922 Overview Row]
Mr. and Mrs. ►. A ford
15930 Overview Road
Mr. and Mrs C. Jackson
15938 Overview Road
Dr. and Mrs. R. Bender
15946 Overview Road
CITY OF POWAY
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ITEM -- j
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A'T'TACHMENT "7-
14 oF17
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FEB 11 .1986 ITEM. 6
-d0*lbb�N
- -.November. 11, 1485
Mr. and Mrs. Rupert Jones
1364-7 Orchard Gate Road -
Poway, California
Dear Mr. and Mrs. Jones:
The principal motivation for living in Green Valley Highlands
is the unparalled view of the. surrounding countryside which
all of us must endeavor to preserve for ourselves and for
our neighbors. Property value is closely linked to the
preservation of this view and so must be -jealously guarded.
Accordingly, all structural modifications and/or additions ,
to house or, property (including fences and satellite dishes)
must be approved by thee architectural committee of GVA III
before construction. can -begin.
Fai.luYe to., comply, with. these ,pidelinea subjects. t1ie
individual coia.tingthe..infractics to. the; possibility- of
legal repertusai-ons.
It ha&.been:brought to our atreation:that-your trees are=
obstructing, your neighbors view.. Please be considerate of
your neighbor and trim. your - treea immediately.
We thank you for your cooperation in this matter.
Sincerely, ,
Green Valley Highlands III Architectural Committer
RanMi �jfll�a� -
Render RECEIVED '
Charlene: Zettei, PlANNRr D'cPe+RitUNi'
Beth Tarry
ITEM : robT �.Sg
CITY PO 1YL oA
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3C1 .LE : NOME.., ATTACHMENT
15
OF 17 FEB 11 i98v t T t ►vi , r
Green Valley Highlands Architectural Committee
15903 Ranch Hollow Road
Poway,California 92064
December 7, 1985
Department Of Planning Services
City Of Poway
P. 0. Box. 789
Poway, California 92064
The Architectural Committee of Green Valley Highlands Unit No.
is composed of four members chosen by the many homeowners to
preserve the building guidelines set forth in our Protective
Covenants, a copy of which is enclosed for your -review.
Approximately two (2) weeks ago, we were made aware that Mr.
Ruppert Jones of 13647 Orchard Gate Road; was considering
installing a satellite dish on his Property. We instructed
Mrs. Wanda Jones directly and both Mr. and Mrs. Jones by
registered letter that such an antennawas in direct violation
of our Protective Covenants (see section C-16). Their apparent
disregard of these covenants, as witnessed by their. application
MDRA85-59, causes us serious concern. As the appointed guardians
of aux community covenants, we must violently oppose their
request and trust that it will not be approved.
Thank you for your attention.
Sincerely yours,
Green Valley Highlands Architectural Committee
Richard Bender
ichard,ngald Charlene Zett
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Enclosure
CITY OF POWAY
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15946 overview Road
Poway, California 92064
December 7, 1985
Department Of Planning Services
City of Poway
P. 0.. Box 789
Poway, California 92064
{
.: Re:: MDRA85-59
} Dear Sirs:
When we purchased property and: built our home at 15946' Overview
Road in Green Valley Highlands in 1978,.we were assured that our
unobstructed view to the north and west would, forevermore, be
preserved by rigid building guil.delines set -forth in our
Protective Covenants. ienclose a copy of these convenants for
your information.; Moreover, these convenants require that all
modifications or additions to the home or property be approved
by an Architectural Committee: appointed by the homeowners in
Unit No. 3.. By this mechanism, the appearance of our community,
the: unparalleled view from,many of the lots and our property
values are preserved.
Several weeks ago, I. had the opportunity of speaking to Mrs..
Ruppert. Jones to request that she top a number of trees that
were obstructing our view to the west.. Not only did she refuse
to comply with our request but she also mentioned that they were
considering the installation of a satellite dish on their
property in a site in. direct view from our back yard.and pool
area. In addition, she suggested enclosing their property with
a six foot high perimeter fence which would completely block our
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westward view. I explained' that we would find these changes
£' objectionable and: that, they were in direct violation of our
Protective Covenants (see Section B-2 and C-161. Moreover, our Architectural Committee sent. them,a registered letter'acivising
them of this fact along with a copy of our.'Protective Covenants
F
directing their attention to the appropriate sections.
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You, can imagine our surprise and consternation when we received:
the "Public Notice' announcing their request to install a
F satellite dish on their property. We cannot more strongly
oppose their request and, feel that their callous disregard for
their neighbors is abhorrent.
Sincerely yours,
Richard and Linda Bender RB/td
Enclosure
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CITY Off' P'UT IE. g_s
TITLE C.
SCALE . ATTACHMENT
OF 1 19&0 1T E M
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16054 Stoney Acres Road.
Poway, ' CA 92064
February 8, 1986
The Honorable Mayor Carl Kruse and Members of the City Council
City of Poway
Poway, CA 92064
RE: Agenda item: February► 11, 198
Satellite dish use permit application by Rupert Jones
1.3447 Orchard Sate Road
Dear Mayor Kruse and; Council .Members.
I oppose granting, of the above use permit for the following
reasons:
( 1) The proposed screening itself is unacceptable since it
creates a strong negative visual impact.
(2) More importantly,the dish CANNOT be screened from view of
present and future residents that live at the higher elevations,
of Boulder Mountain.
I urge you to set the precedent that dishes will not be
approved that are visible to residents looking down on the dish
as will as the immediate nea.ghbors. Since much of Poway is
mountainous,, i. t is important that the Council establish this
concept now.
Very truly yours,
Jack Tripp_
FEB 11 1986 ITEM
I
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Vall6yNigfLla
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February 11,, 1986.
City Council
City of Poway,
13325 Civic Center Drive
Poway, California 92064
RE: Minor Development Review Application 85-59'- Ruppert and Wanda
Jones,, Applicant
Dear Mayor Kruse and City Council:
Our committee is charged with sanctioning all new contruction and
modifications to existing construction in Green. Valley Highlands
Unit III as provided by our CC&R's, a copy of which has been `pro
-
vided for your review. As such,.all structural modifications must
be approved by us before construction may begin. In addition.,,
satelite antennas, or other antennas, are expressly forbidden 3`
except for one small roof antenna which had been acceptable prior
to cable service.:
The above mentioned provisions,; -along with a copy of our CC&R`s,
were communicated to Mr., and Mrs Jones by registered mail on
g
November 23, 1985. Failure to comply with these provisions of our
CC&R's allows: us to place a lien on the property of the offending
party.. We trust that you are -aware of ;our mandate and will see
fit to disapprove MDRA 85-59'. It is important to recognize that
our mandate is tantamount to proxy by the Green. Valley Highlands
Unit III homeowners who are unable to be here tonight.._
Furthermore,: you are: -in receipt of a document signed by all the
residents of the west sideofOverview Road who may view this
satelte dish from some point on their property and who have
stated,: in writing,. their disapproval. Moreover, it is the con
sensus of the homeowners in GVHA Unit III that any and all
a
satelite dishes are undesirable.
Sincerely,.
E
Green Valley Highlands Architectural Committee -
Richard Bender,:.M.D'. Charlene Zettel
4_6