Loading...
Item 6 - MCUP 95-03 Bruce & Carolyn CassellB E~FFY REXFORD, Councilmcm~r NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council/Redevelopment Agency of the City of Poway will hold a Public Hearing in the City Council Chambers, 13325 Civic Center Drive, Poway, California 92064 on Tuesday, Hay 9, 1995, at 7:00 p.m.~ or as soon as possible thereafter to consider the following item: Minor Conditional Use Permit 95-03, Bruce and Carolyn Cassell Applicants: A request to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates in the RR-B zone. The proposed project is Categorically Exempt (meaning the project is determined not to have a significant effect on the environment in accordance with the California Environmental Quality Act). APN: 275-270-64 ANY INTERESTED PERSON may review the staff report and the plans for this project at the City of Poway Planning Service~, 13325'Civic Center Drive, Poway, California. Additional information is available from Marijo Van Dyke, staff planner on this project, by telephone at (619) 679-4294. If you wish to express concerns in favor or against the above, you may appear in person at the above described meeting or submit your concerns in writing to the City Clerk, City of Poway. IF YOU WISH TO SPEAK at the meeting, please fill out one of the speaker's slips which are located at the back of the Council Chambers, to the right of the door as you enter. Use a green slip if you are in favor of staff's recommendation or a red slip if you are opposed. The agenda, which gives the order of the meeting, is also located there. You must give the speaker's slip to the City Clerk prior to the meeting or prior to the subject item in order to be called to the podium to speak. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. If you have special needs requiring assistance at the meeting, please call the City Clerk at 679-4236 24 hours prior to the meeting so that accommodation can be arranged. Marjorie K. Wahlsten, City Clerk City Hall Located at 13325 Civic Center Drive ~AY 1995 ITEM Mailing Address' P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400--~ /' CITY OF POWAY DON HIOGINSON, Mayor BOB EMERY, Depuly Mayor B. TONY SNESKO, Coun¢ilmcmber SUSAN CALLERY, Councilmember MICKEY CAF^GNA, Councilmember July 25, 1994 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Department of Planning Services of the city of Poway will be considering the following project for approval on August 4, 1994. Minor Development Review, MDRA 94--33~ FF&E Trust Applicant: A request to construct a 5,147 square foot, single-story home with a ~ennis court,..pad on a 2.0 acre lot located at 13712 Paseo Valle Alto~in the RR-C zone. This project will include grading t_~ create a level building pad at an elevation of approxi~tely 844.3 feet and tennis court pad elevation of approximately 833 feet. The plans for this project are available for review at the Department of Planning Services, 13325 Civic Center Drive. If you wish to express concerns in favor of or against the proposed project you may appear in person, submit comments in writing, or may contact Marijo Van Dyke at 679-4294 and 695-1400, extension 294. Neither the notice of approval or disapproval nor any other notice concerning this project will be sent to you unless you specifically request it. If the application is approved, you have the right to appeal the approval to the City Council. The appeal must be filed in writing within 15 calendar days of the approval and must be accompanied by the $100 appeals fee. Please contact the City Clerk's office at 679-4238 or 695-1400 for further information. City Hall Located at 13325 Civic Center Dri',I~AY 9 1995 ITEM ~"'"~Mailing Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400 Printed on Recycled Paper k_.,ITY OF POWAY N HIGGINSON, Mayor BOB EMERY, Deputy Mayor B. TONY SNESKO, Councilmember SUSAN CALLER Y, Councilnaember MICKEY CAFAGNA, Councilmember November 2, 1993 PUBLIC NOTICE Revised Project NOTICE IS HEREBY GIVEN that the Department-of Planning Services of the City of Poway will be considering the following project for approval on November 12, 1993. Minor Development Review, MDRA 93-51, Larry Smith Applicant: A request to construct a 4668 square foot, one-story, single-family home and a tennis court on the property located at 13712 Paseo Val~e Alto\Ro~d within - the RR-B zone. The project will includ~ grading to create a level building pad' at 'an e~evation of approximately 845 feet and a tennis courtlpad at 833 feet. Cut/fill contour slopes will have a maximum height of approximately 12 feet. APN: 275-270-64 ~16,~t..~ . The plans for this project are available for review at the Department of Planning Services, 13325 Civic Center Drive. If you wish to express concerns in favor of or against the proposed project you may ~ppear in person, submit comments in writing, or may contact Carol M. Rosas at 679-4297 and 695-1400, extension 297. Neither the notice of approval or disapproval nor any other notice concerning this project will be sent to you unless you specifically request it. If the application is approved, you have the right to appeal the approval to the City Council. The appeal must be filed in writing within 15 calendar days of the approval and must be accompanied by the $100 appeals fee. Please contact the City Clerk,s office at 679-4238 or 695-1400 for further information. t IAY 9 1995 ITEM " City Hall Located at 13325 Civic Center Drive Mailing Address. P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400j ~?'~PAULDING CUTOFF FEATURE Recreational play-' Fixture Catalog # ................. CET-IOOO-M Color and Voltage to be determined Fixture Type ...... ' ......1000 watt-Metal Halide KW Load/Court ~ .~ ........... 6.SKW Fixture Spacing ~ ~...; :i ......... 36'- Fixture Mounting Height .............. :..(~.~'20' _,~..~.. Footcend,e ^ver.ge o. co.. .............. ~;A¥ 9 199,5 ITEM TO: Honorable ~-~,or and Members of the City--Council May 9, 1995 FROM: Robert Cone ~, 13732 Paseo Valle Alto, ~way SUBJECT: MCUP ~95-03 FOR TENNIS COURT LIGHTS On May l, 1995 I delivered a letter to the Mayor outlining my serious concerns regarding the proposed lights for the Cassell's tennis court. To be neighborly, I proposed some requirements necessary to make the lights compatible with the neighboring properties and the community. Due to new information, my position has changed. I now OPPOSE the lights. I have learned that the City refuses to require the use of "low sodium" lights to reduce glare. In addition, the elevation of the court now cannot be changed since the concrete slab has already been poured. I have also learned that there has been no landscaping plan submitted to show how the lights will be screened from view. have aisc learned that the City does not enforce an effective landscape plan even if it does exist. In addition, I have learned from the owners of lots adjoining lighted courts in our community, that the detrimental affects of lighted courts are severe. Consequently, I must now oppose the installation of these lights for ail the above reasons, and those stated below. 1. NOISE and GLARE OF LIGHTS: The noise created by possibly four tennis players and the bails being hit, and the glare of the lights coming into my family's backyard and bedroom windows will disrupt our ability to enjoy our property and to sleep. My elementary school age daughter's bedroom directly overlooks the Cassell's court. My profession requires that I often must get up very early to trade international markets, and therefore I must get to bed early the evening before. My bedroom is adjacent to the Casseil's property line and it also directly overlooks the Casseil's court (see lot map - exhibit Wi). Sound carries too well and bounces off the walls of the large homes and the mountains in our valley. My family likes to use our jacuzzi in the evening, and the noise and the glare of the lights will DESTROY our ability to enjoy the peace and quiet, and the stars, which is one of the reasons we bought a lot in Green Valley Estates, away from any road noise and city lights. 2. AESTHETIC DAMAGE TO THE COMMUNITY: I decided not to install lights on my own tennis court because after putting up wood poles to simulate the height of the light poles, it was OBVIOUS that the view from the main street, and from my home, would be SERIOUSLY DAMAGED by the unsightly steel poles and light fixture boxes. The Cassell's court is DIRECTLY on our main street and the pad is already elevated 12 feet above the corner of the El Camino Entrada and Paseo Valle Alto where it is located. The addition of eight 22 foot high light poles and fixtures will TOWER 12 + 22 = 84 feet above our main street. This will create a terrible EYESORE as you drive down our main street, and it will destroy the aesthetic beauty and property values of our community. Unsightly light fixtures have no place on our main street. They should only be allowed in locations where the court is HIDDEN and not in PLAIN VIEW view of the entire community. The Casseil's may not even realize that their own lights poles and fixtures will come up to a height that is ABOVE the eaves of their roof, and they will therefore see nothing but a FOREST OF STEEL poles and boxes when they try to observe the view f~om ALL their main rooms, their pool, and their backyard! 3. CC&R'S DO NOT ALLOW LIGHTS: Page 24 of the Green Valley estates CC&R's (exhibit ~2) specifically states that: "Lights are NOT permitted upon tennis courts" ~ The CC&R's require special approval of the Architectural Control Committee, and on p~ ~ 35 (exhibit ~3), the CC&r--~ stipulate that this committee shall: "insure that the proposed improvement will NOT DETRACT from the APPEARANCE of the project, or otherwise create ANY CONDITION unreasonably DISADVANTAGEOUS to OTHER OWNERS or DETRIMENTAL to the PROJECT as a whole." The aesthetic damage from the Casseli's eight light poles and fixtures towering in plain view 34 feet above our main street, and my family's loss of sleep, and enjoyment of our backyard, CLEARLY violates BOTH the conditions the Committee is charged with protecting since these lights ARE "unreasonably DISADVANTAGEOUS to OTHER OWNERS" and "DETRIMENTAL to the PROJECT as a whole." Amazingly, this Committee never bothered to ask EITHER of the two DIRECTLY AFFECTED residents, myself and Dr. Maresh, if we had any concerns about the Cassell's proposed lights, even though the committee had knowledge of these planned lights back in March, when Larry Smith signed the City's Notification Form (exhibit 94) giving the Committee's approval by returning the form to the City without any comments or concerns stated. The committee's failure to get input from us before approving these lights clearly shows that its decision process is flawed and incomplete, and therefore its approval INVALID. In fact, a conflict of interest exists in that Larry Smith is the real estate salesperson that sold the lot to the Cassell's, and also sells the remaining vacant lots in the development. Strangely, Mr. Barker, our Association President, has given Mr. Smith written permission to sign these City Notification Forms on behalf of Board and the Committee (see letter to the City - exhibit ~5), even though Mr. Smith neither lives in our development, nor does he own any property here. This has resulted in the failure of this Committee to protect the Association members. Consequently, with no VALID investigation or approval from the committee, the basic CC&R requirement that "Lights are NOT permitted upon tennis courts" MUST be honored by the Cassell's and the City. 4. LIGHTS NOT NORMALLY INSTALLED: In Green Valley Estates and the neighboring Summit, there are 13 tennis courts and only 4 are lighted. NONE of the 3 courts completed in Phase 1 of Green Valley Estates have lights. Therefore it is NOT the norm for lights to be installed. They are obviously NOT necessary for enjoyment of a tennis court. Therefore they should NOT be allowed in any case where they are "unreasonably DISADVANTAGEOUS to OTHER OWNERS or DETRIMENTAL to the PROJECT as a whole". I have clearly shown above that Cassell's lights wiii be. In fact, lights are a PRIVILEGE, not a RIGHT as evidenced by the fact that the MDRA~94-33 approval (exhibit ~6) for the tennis court grading specifically stated that: "The tennis court shall NOT be lighted." 5. NO CONSIDERATION FOR NEIGHBORS CONCERNS: The lot developer, the Cassell's, and the City, should have been sensitive to the needs of the EXISTING homes and families in the development, but no such consideration has ever ~een given. The MDRA application for the grading permit on the Cassell's lot did NOT request that lights be approved. Therefore the elevation of the pad was NOT chosen or approved with lights in mind. Consequently it was elevated 12 feet above the street which was NOT appropriate for a lighted court in this conspicuous a location. Had the MDRA stated that lights should be taken into consideration, I for one would have requested that the pad be much lower. In March, the Green Valley Estates Architectural Control Committee failed to inform either Dr. Maresh or myself, that lights were being planned, so we~'ad no opportunity then to ~k that the pad be lowered. Dr. Maresh ~sked Mr. Casse~l to let h~ know if he wanted lights so they could discuss it and Mr. Cassell failed to do so. Mr. Cassell also never informed me of his intentions. In fact, we had no notification at all until we received the MCUP Public Hearing notice from the City LESS THAN TWO WEEKS ago that the lights were requested. Dr. Maresh and I wrote to the City immediately expressing our concerns. We then discovered that City Staff had proposed approving the lights to the City Council, without even waiting to see if there was any response from the notified neighbors, and without any landscaping plan having been submitted as required. Concurrently, the Cassell's poured the concrete slab for the court, even before the Public Hearing, and before the City Council had approved the elevation as acceptable for lights, so that no change in the pad elevation would be feasible. Ali these events constitute an OUTRAGEOUS circumvention of the neighborly and required discussion process that SHOULD have occurred BEFORE the slab was poured, since the elevation would be an issue now that lights were being added to a court where the MDRA approval specifically FORBID lights! Consequently, the pad elevation is too high and now cannot be lowered to accommodate the extra elevation caused by the addition of lights, so the lights cannot be permitted, unless the slab is lowered.. 6. NUMBER & HEIGHT OF LIGHTS EXCESSIVE: The proposed City Council resolution stipulates that 8 lights at a height of 22 feet will be allowed. This is excessive and unnecessary. Of the 3 lighted tennis courts currently in Green Valley estates, only 1 has 8 lights, the others have only 6. In addition, they are ail 20 feet high not 22 feet. The two attached tennis court lighting manufacturer specification sheets (exhibit ~7 & 8) show that for "Home/Recreational" play, only 6 lights are recommended and their recommended height is only 20 feet. Given the serious detrimental affects these lights will have on this community, there was certainly no reason to exceed the "normal" number and height of the lights already on the courts already in the community, or to exceed the manufacturer's specifications. 7. LANDSCAPING REQUIREMENTS NOT ENFORCED: The City Managers "Agenda Report" (exhibit 9) REQUIRES that: "The Applicants will be required to provide the appropriate LANDSCAPING to accomplish SCREENING OF VIEWS from the roads as well as ADJOINING PROPERTIES" The proposed City Council Resolution (exhibit gl0 & 11) REQUIRES that: "the LANDSCAPE INSTALLATION, lighting design, and court materials will allow the court to be COMPATIBLE WITH and SCREENEDT~FROM SURROUNDING PROPERTIES" and "Installation of ail LANDSCAPE REQUIRED FOR SCREENING THE COURT AND LIGHTS shall occur PRIOR to final inspection." Unfortunately, the City has CONSISTENTLY FAILED TO ENFORCE THESE LANDSCAPING REQUIREMENTS and has allowed the installation of court lights WITHOUT any effective landscaping to screen the view of the lights from the surrounding properties. The required landscaping is missing from ali three lighted tennis courts in Green Valley Estates. This has caused severe loss of enjoyment and property values for both the Maresh family (beside the Zimmer court) and the Everett family (behind the Haddad court). I do not want the same damage done to my family and my property value. For all the reasons stated above, I request that the City Council NOT approve the permit for these lights. Temporary Structures, Tennis Court~ (f) Unless approved in writing by the Architectural Control committee, no structure of a temporary character, trailer, tent, shack, garage, barn, or other cut-building shall be ~sed on any Lot at any time as a residence, either temporarily or permanently. In order to be considered for approval by the Architectural control committee, any such out-building's plans must be homogeneous with the principal residence on the particular Lot. Tennis Courts must receive pr~i~r approval by the Architectural _ c~ntrol Co~%mittee. Lights are ~no~ permitte~ upon Ten~ls Courts without the prior approval of the~-~rchitectural Control Committee. Pences, Walls, Concrete Work, Trash (g) Any fences, walls, walkways, or other concrete work shall require the prior approval of the Architectural Control Committee. In order to be considered for approval, any such plans must be homogeneous with the principal residence on.the particular lot. Ail trash shall be kept in an enclosed fenced area which is not visible from any of the streets. Obstruction of the Common Area (h) There shall be no obstruction of the Common Area. Nothing shall be stored in the Common Area without prior consent of the Board except as hereinafter expressly provided or in designated areas. No vehicles shall be parked overnight on the private streets within the Project. Alterations and Improvements (i) No improvements of any type (other than small plants and flowers) or any structural alteration to any improvements, or any exterior additions or modifications to any improvements (including, but not limited to painting), shall be made, constructed or maintained upon any Lot unless and until' (i) %he plans and specifications therefor showing the appearance, height, materials and color therefor, (ii) a plot plan showing the location ~hereof and (iii) appropriate grading plans for the site upon which any structure is to be or is located shall have been approved by the Board or the Architectural Control Committee in the manner set forth in Article V hereof. 24 0049154.~p The Co~u~ittee, before giving its approval, may impose ndltlons or requ!re changes to be made ~hich"in'its discretion are required to insure that the proposed improvement will not .... ~et~act f'rom the appearance of the pr6jec~'~ 6r 0~herwi~ c~.~e,~ny*** ondltlon unreasonably disadvantageous to other owners or de~e~al'-~6"the Project as a whole. ' ............ (c) One of the two (2) sets of submissions to the Committee shall be retained by it. In the event the Committee approves or is deemed to approve the activity for which consent is required, the Committee shall endorse its consent on both copies and one (1) set shall be mailed by the Co~u~ittee, postage prepaid, to the address specified by the submitting party unless such party shall elect to accept delivery thereon in person or by agent so authorized in writing. (d) If the Committee fails to mail its certificate with regard to any material or matter submitted to it hereunder, within thirty (30) days after submission to its, it shall be conclusively presumed that the Committee has approved the specific matters as to which approval was sought in the submission. It shall thereupon be the duty of the members of the Committee, forthwith upon the request of the submitting party, to sign and acknowledge a certificate evidencing such approval. (e) Notwithstanding the provisions of Section 6.4(d), until the requisite sum shall have been paid to it as provided in the Guidelines, any material delivered to the Committee shall not be considered to have been submitted to it for the purposes of this Decla~ation. (f) All action of the Committee shall be noted in the minutes of the Board of Directors. (g) No certificate of the Committee shall be recorded by the Committee or any number thereof, but the same may be recorded by the party submitting the material concerning which the certificate was made. (h) All action by the Committee authorized in this Declaration shall be within its sole discretion. (i) The provisions of this Article and the Guidelines shall not apply with respect to the initial construction or alterations by Declarant of improvements within the Property. Access to Project Section 6.5 Each member of the Committee, or any other agent or employee of the Board, shall at all reasonable hours have the right of access to any part of the Property, and to any structures being built thereon, for the purpose of inspection relative to compliance with this Declaration. 3 5 oo~91 ~, .uP HOMEOWNERS ASSOCIATI~/ARCHITECTURAL REVIEW-COMMITTEE NOTIFICATION FORM DATE: ~ --~ -~ 5 H(~neowner' s Association/Architectural Review C(mlnittee Applicant(s) SU53EL~: Develot~nant Proposal ~ -~ ~OC ~'~'~'¢ e ~'~A~'~3~ propose(s) ~ ~ns~ct/es~lish: ~li~t ( s ) ~scription of Project: '~ ~ ~ ~ ~ C~'v~, ~tion/A~ress: I~ V/O ~o U~OQ c~ ~r of ~its/ ~ning: ~- s~ct~es: ~-~ ~oss ~e ~ f~ge of project: ~ ~ Height: ~ ..... A~lic~nt sk~ll attach a set of the project plans. FOLLOWING IS TO BE COMPLETED BY A REPRESENTATIVE OF THE HOMEOWNER'S ASSOCIATION: The Homeowner's Association/Architectural Review Committee has received ~ cop~ of the plans and ~ener~l description of the projec~ listed above. Print Name - Title ~h~,~ O~ ~ Phone Number Signature ~/ p Date zR- ¢~ ~ - NOTE TO HOMEOWNER'S ASSOCIATIONS: Please submit any comments or suggestions your organization may have to the Cit~ of Powa~ Plannin~ Services Department, 13325 Civic Center Drive. Your comments should be returned within 10 days of the date you receive this notification so that your input can be included in the City of Poway's evaluation of the  For more information please call the Planning Services nt at 679-4290 or 695-1400. GREEN VALLEY ESTATES HOMEOWNERS ASSOCIATION DOUG BARI(ER. PRESIDENT 13610 PASEO DE LA HUERTA POWAY, CALIFORNIA 92064 PHONE 619-679-3000 JULY 28, 1994 MARl JO VAN DYKE, AICP CITY OF POWAY 13325 CIVIC CENTER DR., BLDG A POWAY, CALIFORNIA 92064-0120 RE; ARCHITECTURAL REVIEW COMMITTEE FORM DEAR MS. VAN DYKE, I AM RETURNING THE HOMEOWNERS ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE FORM TO YOUR OFFICE. THE BOARD OF DIRECTORS AND THE ARCHITECTURAL CONTROL COMMITTEE HAVE AUTHORIZED LARRY G. SMITH TO SIGN FOR THE BOARD AND THE ARCHITECTURAL CONTROL COMMITTEE. HE IS A MEMBER (~F'THE ASSOCIATION BOARD AND ACTS AS THE SECRETARY OF THE ARCHITECTURAL CONTROL COMMITTEE. PLEASE CONTACT ME IN THE EVENT YOU HAVE FURTHER QUESTIONS CONCERNING THIS MATTER. SINCERELY, GREEN VALLEY ESTATES ARCHITECTURAL CONTROL COMMITTEE DB/nu cc: BOARD OF DIRECTORS GVE ARCHITECTURAL CONTROL COMMITTEE CITY OF POWAY BOB EMERY, Deputy Mayor B. TONY 8NESKO, Councilmember SUSAN CALLERY, Councilmember MICKEY CAFAGNA, Councilmember August 15, 1994 Mt. Larry smith FF & E Trust 13750 Paseo Valle Alto' Poway, CA 92064 SUBJECT: MDRA 94-33 APN: 275-270-64 Dear Mr. Smith: Pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304, your request for the construction of a 5,147 square foot, home located at 13712 Paseo Valle Alto, Lot 76 of Green Valley Estates, has been approved subject to the following conditions: 1. The appropriate Building Department approvals shall be received prior to initiation of construction. 2. School_impact fees shall be paid prior to issuance of building. permits. 3. No fence or freestanding wall shall exceed six feet in height. 4. All new utilities serving the subject home shall be installed underground. 5. No freestanding fence or wall shall exceed six feet in height. 6. All created slopes of 5:1 or greater shall be landscaped and a permanent irrigation system shall be installed prior to Certification of Occupancy. 7. The tennis court shall n~be lighted..A~.y, future addition of lighting will require a-~roval of a conditional use permit by the City Council. 8. The area between the court and the property line shall be landscaped prior to final certification. 9. The following improvements shall be constructed to the satisfaction of the Director of Safety Services: City Hail Located at 13325 Civic Center Drive 695 1400--/ ~'--Mailing Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, - SPAULDING CUTOFF FEATURE -~ Recreational p'lay ?'~': Fixture Catalog//. :]~. ............ cET-1000-M Color and Voltage to be determined FixtureTyPe ::?.:~. ~f.'. .... 1000watt-Metal Halide KW Load/Co,',rt... ~ ...... ...... ... 6.5KW Fixture Sp~cing' ). ~.: ': ~ ......... 36'- 40' i ..x~-. Fixture Mounting Hei, ht ............... --' Footcandle Average on Cou'rt .............. 40' Bieber Ughting, the leader in tennis lighting, worldwide, for over 30 years, pre~ents the PARKETTE Net Set Ecology light, for tennis court lighting. , The PARK. bi I b Net Set is specifically designed by illuminating engineers for tennis court lighting. Because of our unique refleotor design, play is enhanced by even light dist~bution and Iow glare, while maintaining the highest illumination level on the playing surface. 1000 watt metal halide and 1500 watt metal halide are the preferred wattages and lamp source to use. Metal halide lamps emit a beautiful white light, so vision and detail are superior than other lamp sources. Our f'~ure is designed for easy installation and maintenanoe. The mounting arm slips over the top of the pole, and is secured by 2-1/2" set belts, A removable pole cap is provided, to "make up and connect" wires at the top. The fixture has a "ta Ip'ece" that s ~ps over the mounting arm, and is secured by 2-1/2" hex set bolts. TYPICAL COURT LAYOUTS $1de-by-$1dl Tarloll Court Layoutj ~2~r / ~ 6 Fixture Hotel Paddle Cou~ Layout Tournament Play Layout (Standard Net Set or (Super Net Set Recommended, Super Net Set) Super Net Set) May U~e Star*,da~ Net Set} (C,M,~ nouo stool LiGHTiNG CORPORATION AGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIATED BY: John Reba ~ Fitch, Assistant City Manager ight-Quastler, Director of Plan~ng~X Services~---~ Marijo Van Dyke, Associate Planner DATE: May 9, 1995 MANDATORY ACTION DATE: May 9, 1995 SUBJECT: Minor Conditional Use Permit 95-03, Bruce and Carolyn Cassell, applicants: A request to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates in the RR-B zone. APN: 275-270-64 BACKGROUND On July 25, 1994, Minor Development Review 94-33 was approved for the construction of a new single-family home and a tennis court pad. The property has been purchased by Mr. and Mrs. Cassell who are requesting approval of a · lighted tennis court. ' FINDINGS The subject property is a two-acre lot located at the northeast corner of E1 Camino Entrada and Paseo Valle Alto, Lot 76 of Green Valley Estates. The tennis court pad was approved for the rear yard area, at an elevation of 833 feet. It is visible from both roadways. The applicants will be required to provide the appropriate landscapinq to accomplish screening of views from the roads~ as well as adjoining properties. The neighboring properties to the west are all higher than the court pad, therefore screening of the court will be difficult to achieve from that direction. The distance to these lots includes the road width of E1 Camino Entrada, plus the court setback and the depth of their front yards. A_CTION: 2 of B _ ~IA¥ 9 1995 RESOLUTION NO. P- ^ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 95-03 ASSESSOR'S PARCEL NUMBER 275-270-64 WHEREAS, Minor Conditional Use Permit 95-03, submitted by Bruce and Carolyn Cassel, applicants, requests approval to permit the construction of a lighted tennis court, for the property located at 13712 Paseo Valle Alto, Lot 76'of Green Valley Estates, in the RR-B zone; and WHEREAS, on May 9, 1995, the City Council held a hearing on the above referenced .item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that this project is categorically exempt (Class 3) under the provisions of the California Environmental Quality Act (CEQA). Section 2: Findinqs: 1. The approved project is consistent with the general plan in that a lighted recreational court is an accessory use for a single-family residence in a rural residential zone. 2. That the approved project will not have in adverse aesthetic~ health, safety of architecturally related ~mpact upon adjoining .~properties, in that the landscape installation, lighting design and court materials will allow the court to be compatible with and screened from surrounding properties. 3. That the approved project is in compliance with the Zoning Ordinance, in that it complies with the setbacks, fence height limits, lighting standards and all other property development standards of the RR-B zone. 4. That the approved project encourages the orderly and harmonious appearance of structures and property within the City, in that the subject property and all of the surrounding properties are zoned rural residential and are to be developed as single-family residences. Section 3: City Council Decision: The City Council hereby approves Minor Conditional Use Permit 95-03 subject to the following conditions: Within 30 days of approval (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 on Real Property. MAY 9 1995 ITEM .6 COMPLXANCE #ZTH THE FOLLOWZN6 CONDZTZONS ZS REQUXRED. COMPLZANCE SHALL BE APPROVED BY THE DEPARTPlENT OF PLANNZNG SERVZCES. S~TE DEVELOPMENT 1. Site shall be developed in accordance with the approved site.plans on file in the Planning Services Department and the conditions contained herein. 2. Approval of this request shall ~ot waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 3. The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. Wind screening may be a requirement of the community CC&R's. The design for the court fencing therefore, shall meet UBC standards which anticipate added wind load on the structure. 4. The appropriate Building Department approvals for the lights and footings for the light standards shall be received prior to the initiation of construction. 5. A maximum of eight lights shall, be permitted of a height not to exceed 22 feet. All lights and l~t fixtures shall be certified by a~ -1T~h-ting engineer to: a. Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured outside the lot at the lot line. b. Be designed, constructed, mounted and maintained, such (hat the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half foot candle above ambient levels. c. Said certification shall be provided to the Planning Services " Department prior to the issuance of a building permit. 6. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. 7. A landscape and irrigation plan for the area between the tennis court .fe6ce and propert~ lines shall be submitted to the Plan~in~ Services Department for rewew and approval prior to issuance of a building permit. ~ I~stallation of all landscaoing required for screenin? the court and lights shall occur prior to final inspection. 8. The court surface must be designed, painted and/or textured to reduce the reflection from lighting to the satisfaction of the Director of*Planning Services. -~ s of 8 blAY 9 1995 ITEM 6 AGENDA REPORT SUMMARY _ TO: Honorable Mayor and Members of the City Council ~ FROM: James L. Bowersox, City Manager A INITIATED BY: John O. Fitch, Assistant City Manager~[ Reba Wright-Quastler, Director of Planing Service~ DATE: May g, 1995 SUBJECT: Minor Conditional Use Permit 95-03, Bruce and Carolyn Cassell, applicants ABSTRACT A request to construct a lighted tennis court at 13712 Paseo Valley Alto in Green Valley Estates in the RR-B zone. ENVIRONMENTAL REVIEW This project is considered exempt under the provisions of the California Environmental Quality Act, Class 3. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 21 property owners within 500 feet of the project boundaries. RECOMMENDATION It is recommended that the City Council approve Minor Conditional Use Permit 95-03 subject to the conditions contained in the attached resolution of approval, ACTION ~: \C [ TY \PLANN l NG\REPORT \MCUP9503. SUM ~A¥ 9 1995 ITEM 6 i o:6 8 AGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIATED BY: John D. Fitch, Assistant City Manager(~~( Reba Wright-Quastler, Director of Planrlqng Services~ Marijo Wm Dyke, Associate Planner DATE: May 9, 1!)95 MANDATORY ACTION DATE: May 9, 1!)95 SUBJECT: Minor CoFditional Use Permit 95-03, Bruce and Carolyn Cassell, applican':s: A request to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates in the RR-B zone. APN: 275.-270-64 BACKGROUND On July 25, 1994, Minor Development Review 94-33 was approved for the construction of a new single-family home and a tennis court pad. The property has been purchased by Mr. and Mrs. Cassell, who are requesting approval of a lighted tennis court. FINDINGS The subject property is a two-acre lot located at the northeast corner of E1 Camino Entrada and Paseo Valle Alto, Lot 76 of Green Valley Estates. The tennis court pad was approved for ';he rear yard area, at an elevation of 833 feet. It is visible from both roadways. The applicants will be r~quired to provide the appropriate landscaping to accomplish screening of views from the roads, as well as adjoining properties. The neighboring propertie; to the west are all higher than the court pad, therefore screening of the court will be difficult to achieve from that direction. The distance to these lots includes the road width of E1 Camino Entrada, plus the court setback and the depth of their front yards. ACTION: 2 of 8 MAY 9 1995 Agenda Report - May 9, 1995 Page 2 ENVIRONMENTAL REVIEW This project is considered exempt under the provisions of the California Environmental Quality Act, Class 3, as it is for the construction of an accessory structure relating to a single-family home. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chieftain and mailed to 2~1 property owners within 500 feet of the project boundaries. RECOMMENDATION It is recommended that the City Council approve Minor Conditional Use Permit 95- 0--3 subject to the conditions contained in the attached resolution of approval. - JLB:RWQ:MVD:kls Attachments: A. Proposed Resolution B. Zoning and Location Map C. Site Plan ~IAY 9 1995 I'i'£~1 6 .' 3 of 8 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 95-03 ASSESSOR'S PARCEL NUMBER 275-270-64 WHEREAS, Minor Conditional Use Permit 95-03, submitted by Bruce and Carolyn Cassel, applicants, requests approval to permit the construction of a lighted tennis court, for the property located at 13712 Paseo Valle Alto, Lot 76 of Green Valley Estates, in the RR-B zone; and WHEREAS, on May 9, 1995, the City Council held a hearing on the above referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that this project is categorically exempt (Class 3) under the provisions of the California Environmental Quality Act (CEQA). Section 2: Findinqs: 1. The approved project is consistent with the general plan in that a lighted recreational court is an accessory use for a single-family residence in a rural residential zone. 2. That the approved project will not have an adverse aesthetic, health, safety of architecturally related impact upon adjoining properties, in that the landscape installation, lighting design and court materials will allow the court to be compatible with and screened from surrounding properties. 3. That the approved project is in compliance with the Zoning Ordinance, in that it complies with the setbacks, fence height limits, lighting standards and all other property development standards of the RR-B zone. 4. That the approved project encourages the orderly and harmonious appearance of structures and property within the City, in that the subject property and all of the surrounding properties are zoned rural residential and are to be developed as single-family residences. Section 3: City Council Decision: The City Council hereby approves Minor Conditional Use Permit 95-03 subject to the following conditions: Within 30 days of approval (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 on Real Property. MAY 9 1995 il'E~ 6 4 of 8 COHPLIANCE NITH THE FOLLOWING CONDITIONS IS REQUIRED. CONPLIANCE SHALL BE APPROVED BY THE DEPARTHENT OF PLANNING SERVICES. SITE DEVELOPHENT I. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Approval of this request 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. 3. The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. Wind screening may be a requirement of the community CC&R's. The design for the court fencing therefore, shall meet UBC standards which anticipate added wind load on the structure. 4. The appropriate Building Department approvals for the lights and footings for the light standards shall be received prior to the initiation of construction. 5. A maximum of eight lights shall be permitted of a height not to exceed 22 feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: a. Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured outside the lot at the lot line. b. Be designed, constructed, mounted and maintained, such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half foot candle above ambient levels. c. Said certification shall be provided to the Planning Services Department prior to the issuance of a building permit. 6. Hours of operation for court lights shall be restricted to the period between 7:00 a.m. and 10:00 p.m. 7. A landscape and irrigation plan for the area between the tennis court fence and property lines shall be submitted to the Planning Services Department for review and approval prior to issuance of a building permit. Installation of all landscaping required for screening the court and lights shall occur prior to final inspection. 8. The court surface must be designed, painted and/or textured to reduce the reflection from lighting to the satisfaction of the Director of Planning Services. 9. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 10. If the use of the court negatively impacts surrounding properties, the City Council may reconsider this minor conditional use permit and amend the conditions as it sees fit or require removal of the lights. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this gth day of May, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk 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 E~T-o~-G~-~he day of , 1995, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway MAY 9 1995 ITEM 6 6 of 8 CITY OF POWAY ITEM: ~ICU? 95-03 ~ ~ TITLE : ZONING & LOCATION SCALE : NONE ATTACHMENT : B 51AY 9 1995 ITEN] 6 7 of 8 12332 Avcnlda ~nscntido · Rancho Bernardo, (~lilbrnia 92128 MAY 9 1995 ITEM 13732 PASEO VALLE ALTO POWAY~ CA 92064 Phone 486-1940 -- May 1, 1995 Mr. Don Higgtnson Mayor of the City of Poway 1BB2S Civic Center Drive, P.O. Box 78g Poway, CA 92074-0789 Dear Mr. Higginson, RE: Minor Conditional Use Permit #95-03 I am writing regarding the request for approval of a lighted tennis court on parcel 275-270-64, by Bruce and Carolyn Casselli I live on the lot next door, just north of the Cassell'e, on parcel 275-270-63. I could simply oppose the approval of the lights, since I am strongly against their installation because the court is in full view from my backyard, and the noise, glare of lights, and obstruction of the view will seriously degrade my family's enjoyment of our backyard, our ability to entertain, and our property value. However, in an attempt to be "neighborly" I am proposing a few requirements for approval that are absolutely necessary to be fair and reasonable to all concerned. When I built my tennis court, the City imposed several requirements on me if I wanted to install lights. They sere imposed to protect the property values of my neighboring lot owners. Now, [ am sure the City will act in a nondiscriminatory manner, and will ensure that MY property value is protected, as they did for my neighboring lot owners. However, when l built my court there were no neighboring homes built. Nos there ars several, so additional steps need to be taken to protect the owners already living in the surrounding homea, and many future homes that sill be affected. I have a tennis court, but I do not have lights. I did not install lights because ! discovered that the light poles and fixtures would stick up into the field of view from my backyard and ruin the view the valley and mountains beyond with an unsightly forest of steel poles and light fixture boxes. I also don't want the glare of lights at night obscuring the view. in addition, I have an elementary school age daughter whose bedroom faces the Cassell~s court and I have concerns that the noise of four tennis players and the glare of lights at night until lO pm will interfere with her ability to sleep, and adversely affect her school work. Also, virtually every room of our house faces the Cassell's court location and will be adversely affected. Because of the above concerns, I am strongly against the installation of the lights, unless all the conditions listed below are stipulated in writing and enforced by the City as a condition of approval, and complied With before a certificate of occupancy for the house is granted. I. Unfortunately, the Cassell's court location is directly on the main street through our community, in plain view, and the existing pad has been raised up significantly from street level, so the addition of lights will result in eight steel poles and eight fixtures towering about 30 feet above the street. This will be a terrible eyesore as you enter our community, and devalue the entire development unless special requirements are imposed as suggested below to help alleviate this problem. The main cause of this problem is that both of the MDRA applications (attached) sent by the City tc the neighboring lot owners failed to disclose that this tennis court would be lighted. Had this been disclosed, I for one would never have agreed to a raised pad that would obviously block my view once lights were installed, and also be an eyesore ehen viseed from the street. Consequently, I request that the pad be lowered by a~ 'east five feet to help re ~e the impact of this serious problem. 2. The maximum allowed light fixture mounting height should be no higher than 20 feet. The attached brochure from a tennis court lighting system manufacturer states that 20 feet is the recommended mounting height, so there is no need for the fixtures to be any higher. If they are, they will seriously damage my view and my property value. 3. The type of light fixtures should be "low pressure sodium" to reduce the glare reflected back from the court surface. These were the type of fixtures I was required to use as a condition of approval when l built my court to protect neighboring property values, if I wanted to install lights. Consequently, I expect the City to protect my property ¥~ ~n ~b~ ~ m~nneP n~w. Any ~ther type o~ lights generate ~ar too much glare and will seriously damage my property value if they are installed. 4. When I built my court, another condition of approval imposed on me for lights was an extensive landscaping plan with multiple rows of trees/bushes to shield the lighted court from view from the neighboring lots. I request thst this same requirement be made in this case to protect my property value. To screen my view of the lights, there must be a row of tall trees/bushes planted near the property line, and also along the top of the slope, all the way from the Cassell~s family room to the west edge of their court. These trees/bushes need to be tall enough when initially planted to properly shield my view of the lights from my backyard, ~amily room, living room, and master bedroom. These trees need to be planted when the court is built, and be of the height that provides an effective light barrier or my property value will be immediately damaged. Also, in the future, these trees/bushes must be kept at a maximum height no higher than that of the court lights so my view will never be blocked. 5. The hours of use should reflect the need for sleep of my elsment~ry school age daughter whose bedroom overlooks the Cassell's court location, and the other small children in the neighborhood. Consequently, 10 pm at night is too late to allow the light and noise of four tennis players. The limit should be 9 pm. 6. The number of light poles and fixtures should be limited to six, as shown in the attached lighting manufacturer brochure. This will help reduce some of the view obstruction. Many of the above requirements are the same ones enforced upon m~ by the City when I got approval for my court, and the others simply reflect the lighting manufacturer's recommendations, the needs of the existing children and homeowners in the community, and a grading adjustment needed to correct a deficiency in the MDRA notices sent to the neighboring lot owners. If the above conditions are not met, my property value will be seriously, permanently, and unnecessarily damaged by the City. I hope the City does not let that happen. Please let. me know in writing before the May 9th City Council meeting if the above conditions will be stipulated in the written requirements for approval of these lights. R6bert ~ondie .cc Ms. Mari~o Van Dyke - Staf~ Planner ~¥ ~ 1BB5 i1~i~1 ~ .cc Marjorie K. Wahlsten - City Clerk