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HomeMy WebLinkAbout06-04-1990 PC MinutesPLANNING COMMISSION MINUTES City of Orange June 4, 1990 Orange, California Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Master, Scott ABSENT: None STAFF PRESENT: Joan Wolff, Sr. Planner and Commission Secretary; John Godlewski, Administrator of Current Planning; Jack McGee, Director of Community Development; Bob Herrick, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE With the resignation of Chairman Hart, elections were held for a new Chairman and Vice-Chairman. Moved by Commissioner Greek, seconded by Commissioner Scott, to nominate Commissioner Master as Chairman. AYES: Commissioners Bosch, Greek, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Greek, seconded by Commissioner Bosch, to nominate Commissioner Scott as Vice-Chairman. AYES: Commissioners Bosch, Greek, Master, Scott NOES: None MOTION CARRIED IN RE: MINUTES OF MAY 21, 1990 Moved by Commissioner Bosch, seconded by Commissioner Scott, that the Minutes of May 21, 1990 be approved as recorded. AYES: Commissioners Bosch, Greek, Master, Scott NOES: None MOTION CARRIED IN RE: CONTINUED ITEMS SITE PLAN REVIEW - CRAWFORD HILLS ASSOCIATES: Commissioner Greek was excused from the meeting due to a potential conflict of interest. Review of the distribution of guest parking through the townhouse development, as required by Condition #88 of Tentative Tract Map 13529, and as relates to the grading concept for the site. The property is located on the east side of the proposed northerly extension of Crawford Canyon Road, north of Chapman Avenue. Planning Commission Minutes June 4, 1990 - Page 2 A staff report was not presented. The applicant, Phillip Herow, Crawford Hills Associates, was present to expand on the presentation. Pursuant to the last hearing it was deemed appropriate that the 4 or 5 areas of concern by the Planning Commission be expanded further by the subdivider, focusing on the alterations, changes/modifications since the initial vested map was approved. They have tried to graphically depict the modifications and adjustments that have occurred since the tentative was approved to a working construction document phase. Their civil engineer attached a letter in which he explained and focused on each of the exhibits. They believe the adjustments are inevitable to a project that goes from a tentative modem into a final construction phasing modem. Some of the conditions have been improved that were not addressed (i.e., turning radius, parking distribution and site planning enhancements). It was not their desire to bring retaining wall elements to the site as it is a major cost expense and it is not a desirable marketing enhancement. They believe they have mitigated some of the exposed wall area from 6' to 8'. Chairman Master reminded the applicant there was a condition of approval attached to the vesting map which was to bring the design before the Planning Commission for review because there were concerns at the time of the hearing. The final product needed to be approved before construction began. Commissioner Bosch thought the additional exhibits were very helpful and wished they were available at the previous meeting. He was still concerned over the length of the area before getting to the turn around with the hammer head turn around, but the increased retaining walls that would replace those hammer heads at the cul de sacs would be a greater detriment to the housing units in the area. What can be applied to the hammer head that keeps it from being utilized for overflow parking, boats, trailers, R.V.'s, etc. that prevents good access for not only the trash trucks, but fire engines and visitors trying to turn around? He's willing to accept the hammer head turn around in return for having a better living environment for the residents. Moved by Commissioner Bosch, seconded by Commissioner Scott, that the Planning Commission finds the revised site plan, as submitted, to satisfy Condition #88 of vesting Tentative Tract Map 13529 and Conditional Use Permit 1678, but note that all conditions of approval shall still apply to the development. AYES: Commissioners Bosch, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Planning Commission Minutes June 4, 1990 - Page 3 Commissioner Greek returned to the meeting. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1839-90 - BOYD'S AUTO DETAILING CHARLES CUEVAS): A proposed Conditional Use Permit to allow the operation of an auto detailing business adjacent to residentially zoned properties, and to allow the conversion of a substantial portion of the site from an existing residential use to commercial u se. The existing structure on site will remain and be used as a residence. Subject property is located at 785 North Tustin Street. NOTE: Negative Declaration 1344-90 has been prepared for this project. Ms. Wolff presented the staff report. The application is a request to operate an auto detailing business in the C-1 zone. The code allows this type of use in the C-1 zone only subject to issuance of a C.U.P. The applicant's proposal is to detail approximately 3 to 5 cars per day and to operate Monday through Saturday, 9:00 a.m. to 5:00 p.m. Also part of the proposal is the construction of a block wall on the rear property line between the residential district and the commercial district. The situation is somewhat unusual in that the existing structure is currently being used as a residence within the C-1 zone. The detailing business is to occur over a majority of the exterior portion of the site. The existing buildings on site and the buildings on the adjacent properties were originally constructed as model homes for a residential tract to the east. The subject property is one of four adjacent parcels that face onto Tustin Street, which u tilizes a common access and parking areas. Three of the properties are under common ownership and have no formal agreements between them regarding reciprocal circulation rights. Circulation is seen as a potential problem area due to the narrow driveway widths on the properties. It is possible for this site to be adapted to a one way circulation system to make the site self-sufficient in terms of access and in terms of parking. By adding a door at the rear of the garage, a drive-thru situation can be created. Customers could enter the site through the northerly driveway and exit through the garage on the existing southerly driveway. This type of modification is suggested as a condition of approval. Another option the Commission might want to consider is a formalization of the existing access and parking pattern to maintain the existing circulation system among the four properties at 765 to 795 North Tustin. Planning Commission Minutes June 4, 1990 - Page 4 The public hearing was opened. Applicant Charles Cuevas, 785 North Tustin, does not have any objections to .the conditions and is willing to comply with every thing. Those speaking in opposition: Sarah Sparks, 784 Victoria Drive, said the two properties that are being used are directly behind her house. They started without the zone change and became quite a nuisance. She has lived in her home 35 years; it was one of the first developments in the area. All the businesses on Tustin have twice the depth than this particular business. The driveway has been made into a parking lot. She has seen 8 or 10 cars back there at a time. There is so much noise, she cannot use her patio in the summer. When the detailing is being done, there is a high pitched penetrating sound, which could be heard through closed windows and doors. There is a trailer which sits by her fence and the fence is only 10' from her patio. Signs and banners have been put up in front of their business. She was concerned about the area looking like the south end of Harbor in Santa Ana. She does not know how they can advertise a car washing service when there is a water shortage. She's tired of fixing her fence. There are areas of Orange where light industry can be located and she feels they should find a place for their business somewhere else. Rebuttal Mr. Cuevas stated he has approval for 7 parking spaces plus three carports, which allows up to 10 cars. Noise will be blocked by the block wall. He has a personal camper parked in the rear. They use less water per car wash than the average home would. They use an estimate of 20 gallons per day. He was not aware of her broken fence or a ladder. All of their banners and signs are within code requirements. Commissioner Greek wanted a description of the machine that makes a high pitched sound. Mr. Cuevas said they use 3 machines that can create noise: a shop vac, a buffer (high speed sander), and an orbital, it applies wax) which makes less noise than he does when speaking. Their high pressure water unit is as loud as a hair dryer. Commissioner Scott said according to the staff report the electric buffers and auto polishing equipment would not exceed approximately 70 decibels, which would be the upper Planning Commission Minutes June 4, 1990 - Page 5 limit. He wondered if there were comparables between a leaf blower and this equipment. (Staff did not have the pertinent data.) Mrs. Sparks has also had to complain about the loud radios and boom boxes. Mr. Cuevas said only 3 people are on the premises at all times. There has been a complaint about the loud music and they have turned their radios down and even shut them off. Some customers do come in with boom boxes and show them off to others. They try to keep the noise level down. Commissioner Bosch understands Code Enforcement is allowing the applicant to operate temporarily subject to the approval of the C.U.P. Assuming the C.U.P. is approved, over what period of time would the applicant be implementing construction of the block wall and improvements to the site drainage system to take care of the soap disposal? It was Mr. Cuevas' understanding he has two years to comply or the C.U.P. is invalid. They are willing to begin work as soon as possible, although he is in a financial burden because of the costs of everything that is required. Commissioner Bosch was not willing to accept that two years will pass and nothing happens. He wanted a definite time frame of when construction will begin. Commissioner Greek emphasized if the C.U.P. is not complied with, it becomes invalid in two years. The applicant has no right to continue at the present. Code Enforcement could close him down without any action by the Planning Commission. Mr. Cuevas will comply with a time frame determined by the Commission. All his work is being done within the confines of the garage. They are using a public wash area for their car washing and then bring the cars back to their business. Commissioner Master was concerned about the ingress/egress and the use of the common parking area. He would like to see something regarding the formulation of a joint property use among the property owners regarding the parking area. Mr. Cuevas stated in the past they have never had two cars come through the property at the same time. Their volume is not large. At the most, there would be approximately 7 to 10 cars per day. The public hearing was closed. Planning Commission Minutes June 4, 1990 - Page 6 Moved by Commissioner Scott, seconded by Commissioner Greek, to accept the findings of the Environmental Review Board to file Negative Declaration 1344-90 in that the project will not have a significant adverse impact on the environment. AYES: Commissioners Bosch, Greek, Master, Scott NOES: None MOTION CARRIED Commissioner Scott concurred with some of the concerns as far as the required improvements. If the C.U.P. were approved, a time limit needs to be placed on the completion of the improvements. Commissioner Greek feels the use is proper, but there needs to be conditions that would restrict various items (i.e., noise) . Moved by Commissioner Greek, seconded by Commissioner Scott, to approve Conditional Use Permit 1839-90 subject to the recommended conditions 1-14, with the additional condition that the hours of operation be established: 9:00 a.m. to 5:00 p.m., Monday - Saturday; add condition 16 (d) - "All washing and polishing work will take place 43 feet away from the residential property to the east."; add condition 16 (e) which spells out the noise level for the equipment; add a condition that all improvements shall be constructed within 45 days -- 15 days (appeal period) plus 30 days. AYES: Commissioners Greek, Scott NOES: Commissioners Bosch, Master MOTION DID NOT PASS Commissioner Bosch remains opposed to the project relative to the appropriateness of the land use at the mid block location. Moved by Commissioner Bosch, seconded by Commissioner Master, to deny Conditional Use Permit 1839-90 because the proposed use, given the confines of the existing buildings, circulation patterns, and proximity to single family residential areas, causes actual deterioration of the bordering land uses and creates special problems for the residents above and beyond those typically found in the C-1 zone. AYES: Commissioners Bosch, Master NOES: Commissioners Greek, Scott MOTION DID NOT PASS Chairman Master is still opposed to the project because of the sensitive issues of noise and circulation. Planning Commission Minutes June 4, 1990 - Page 7 Ms. Wolff stated the Commission has failed to approve the project, which would equal a denial. Chairman Master explained the project has, therefore, been denied and the applicant has a 15 day appeal period. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1836-90 - RIDGELINE COUNTRY CLUB: Commissioner Greek was excused from the meeting due to a potential conflict of interest. A proposed Conditional Use Permit to allow the erection of 25 light standards with a total of 40 lights over an existing golf course and driving range on property located at 1051 Meads Ave nue. NOTE: Negative Declaration 1341 has been prepared for this project. Ms. Wolff presented the staff report. This request is to add lights to an existing golf course and driving range to extend the hours of play into the evening hours. The project site is an existing country club which consists of the golf course, driving range, tennis courts and club house. It is located in the R-0 zone. A country club is a permitted use in the R-O zone subject to the issuance of a C.U.P. Because this proposal would be an expansion of the existing u se, it also requires approval of the C.U.P. It should be noted that the existing club was developed under the County of Orange jurisdiction and was only annexed into the City after development in 1985. If it had been originally developed within the City, a C.U.P. would have been required for that initial construction. The Ridgeline Country Club is within the Orange Park Acres planned boundaries. Therefore, the Commission must not only consider the basic land use considerations with regard to the proposal and it's potential impacts on surrounding properties, but must also look at the project and evaluate its consistency with the Orange Park Acres plan. The applicant's proposal is to install 25 light posts with a total of 40 lights over an existing driving range and a 9 hole golf course. The proposed lighting would extend the golf ing hours to 10 p.m. , 7 days per week. The Club currently operates from 6:00 a.m. to 10:00 p. m., 7 days a week; therefore, no change to the overall Club operating hours are proposed. There would be an expanded use over a majority of the site for the later hours of the evening. Chairman Master stated the Commission is in receipt of numerous letters of support for this use. Planning Commission Minutes June 4, 1990 - Page 8 The public hearing was opened. Applicant Dave Freeman, 1051 Meads Avenue, has operated and owned Ridgeline Country Club for nearly 7 years. He feels his request is a valid one and in the best interest of the people in Orange. If Ridgeline Country Club is to remain at this site as an affordable golf course and driving range, additional revenues must be generated. To maintain Ridgeline Country Club as it is they absolutely need this C.U.P. They are more than willing to work with the local community to resolve and/or minimize their concerns. The Club has been in existence for nearly 25 years and for the last years, has provided night play until 10 p.m. Ridgeline is zoned Recreation-Open Space and they do not seek any change in the zoning. There will not be a change to the hours of operation, but merely wanting to expand the use during those particular hours. The Orange Park Acres general plan strongly supports Ridgeline remaining a golf course and driving range. The Orange Park Acres planning committee has 3 concerns: errant golf balls, effects of the lighting and traffic safety. He agrees to install netting on those properties where owners are affected. Mr. Bieber was present to discuss specifics of the lighting. Ridgeline is beautiful by day and with the minimal number of lights being requested, it can even be prettier at night. There are no street lights on Meads. At night, the street is pitch black. Additional traffic will be at a time when the streets are not being used. The minimal additional traffic will not be a significant competing factor for the space on the streets. Ridgeline only produces 20~ of the total potential trips that it would be capable of producing. Even a maximum number of 173 trips represents only a 1.7~ increase on Orange Park Blvd. and only a 5.6~ increase on Meads in either direction. Amore realistic number would be less than 1~ on Orange Park Blvd. and less than 2 1/2~ on Meads in either direction. They are willing to provide horse trail fencing between the new bridge on Meads to just past Ridgeline's entry. They hope that will resolve the concern by the O.P.A. planning committee. Seventy-five percent of the people who play at Ridgeline live in Orange. Eighty percent are seniors, retired people or kids. Ridgeline is the only affordable golf course and driving range for miles. Those speaking in favor Herbert Bieber, 626 South Isis Avenue, Inglewood, is the manufacturer of the lighting fixtures. He showed the Commission why the lights would not impact the homes in the area. He designed a special fixture, which is horizontally Planning Commission Minutes June 4, 1990 - Page 9 mounted and the light bulb cannot be seen by any neighbors. The light goes down and out from the fixture and is hung at a relatively low height so that it can't spread light in areas where it is not wanted. The light is designed to cut off the light without any additional shielding behind the pole 25 feet. In designing the golf course, he placed the poles so they would have no light at all on the neighboring properties, even without any extra shielding. After the installation takes place, he would install shielding if necessary. He has written lighting control ordinances for many cities (i.e., Los Angeles, Beverly Hills, La Habra Heights, San Marino). He is very concerned that the neighbors are not impacted with his lighting. When ligh t hits the green grass it absorbs it (it doesn't reflect it) . There will not be a halo effect from the golf course lighting. Mario Losi, 2351 Maplewood Street, represented a group of Orange senior golfers who reside in the City of Orange and do play golf regularly at Ridgeline. They have a regular tournament once a week. Some of their association have been playing there for 20 years. They strongly support the installation of lights. Robert Grow, 13692 Prospect, Santa Ana, has played golf at Ridgeline for several years. He observed Ridgeline to be a good neighbor and feels they will continue to do so with the lights. The installation of lights will give people the opportunity to play golf at night and it will be a great benefit to the community. Tom Shine, 7812 Lakeview Trail, is employed by the Rancho Santiago School District. He teaches golf and coaches football through the school. Through Dave Freeman, he is able to offer golf classes at Ridgeline as part of the College courses. It's a great teaching facility and the prospect of having lights would be more beneficial to the College as far as offering classes at night. He would hate to lose the property to a developer. Neil Graham, 1161 North Coyote, his home is the only one on the golf course. He has more balls in his back yard than he needs to play golf. He approves of the night lights. Those speaking in opposition John Rust, 20292 Acre Place, said his house is adjacent to the second hole and third tee. He is down range from the second tee. He brought two bags of golf balls. They have accumulated in his yard since the first of the year. The balls were taken out of his back yard. The balls represent projectiles, missiles, coming into his yard at 60 mph. His Planning Commission Minutes June 4, 1990 - Page 10 wife has been hit by one of the golf balls and his family have had near misses. His horse has been hit on several occasions and he had to put him down a couple months ago. In March, 1985, a ball came through his kitchen window. It sprayed glass all over the kitchen. Fortunately, this happened during the day time and no one was home. By lighting the golf course, it will increase the danger involved and impinging upon his right of quiet enjoyme nt of his property, safety and welfare. He submitted a letter to the Commission regarding the 1985 window incident, wherein there was no response from Mr. Freeman. He feels Mr. Freeman is not a good neighbor. Within the last three weeks, a golf ball went through his garage window. He did not approach Ridgeline about the garage window because he doesn't believe in engaging in futile acts. It's too little; too late. Mr. Freeman has proven himself to be a poor neighbor. They only use their back yard in the evenings. If the C.U.P. is granted, they will not be able to enjoy their yard unless it is between the hours of 10 p.m. and 6 a.m. He feels that is unreasonable. Five or six times a year he has to run arrogant golfers off of his property who are trespassing to pick up golf balls. Will golfers be wandering around his back yard at night looking for lost golf balls? The traffic on Meads is another issue. He hears the screeching of tires as golfers demonstrate their manhood by peeling out from Ridgeline's driveway. It's not true that Meads is not used at night. Mr. Freeman now wants to increase the potential of someone getting hit. He resists the further expansion of Ridgeline's operation because it will further encroach upon his right to quiet enjoyment of his property during the twilight and dusk. William Reinking, 275 South Main Street, attorney f or Leonard Hamilton, touched on three aspects of the proposal to expand the use of the golf course. He presented a copy of his letter which was mailed to the Commission on May 16. The letter states that his client sometimes has 40 golf balls in his yard in one week's time. If this were expanded into night use, it would be more. His client has a garden in the area where the balls land. He was in that area and feared for his life. The issue is not only golf balls, bu t noise -- disturbing the peace and quiet of the neighborhood. He has been retained to seek alternative legal measures in this regard. There is also the issue of lights. It is their opinion that this will create, even if the lighting is indirect, a circus like atmosphere. They listed 9 items for consideration in opposing this request: Night lighting will disturb the quiet enjoyment of the neighborhood. Night lighting will reduce property values. It is likely to result in inverse condemnation and other lawsuits. He showed the Commission pictures of some of the damage golf balls have created. This is likely to cause an increase in Planning Commission Minutes June 4, 1990 - Page 11 homeowners' insurance. It will create a carnival like atmosphere. It may expose the City to greater liability since the City allows the enterprise. If Ridgeline does not carry liability insurance, the City may incur liability as a defector insurer. Night lighting will increase the chance of serious injury and death. Allowing lighting will not only create greater liability exposure for Ridgeline, but also for the City. This will occur from the increase in the use of the golf course and the driving range. The lighting will cause disturbance and a circus like atmosphere. His client has collected over 2,000 golf balls since 1982. They request denial of this request. Len Hamilton, 1064 Ridgeline Road, purchased his lot in 1981 and retired. The property was ideally suited for him because he is a gardener. It had a flat area down at the bottom of his property where he could do his gardening. He has made several complaints to Ridge line's management, has talked with Mr. Freeman, but nothing has been done. This has become more of a problem because of the increased business. A hemp f ence has been a rected, bu t i t i s inadequate; balls fly through it and the Santa Ana winds blow it down. He would like to enjoy his property before 10 p.m.; he has the right to do that. His neighbor is also against this project. Dr. Andorka, neighbor of Mr. Hamilton, 1098 Ridgeline Road, also overlooks the property. When he purchased his lot in 1987, the driving range was much further back than they are now. Sometime in the late 80's the area where the people drive the balls was moved forward and some putting greens were built. Thirty foot telephone poles lined his property, which did not bother him because he was about 50 feet high. About a year later some 70 foot telephone poles arrived in front of Mr. Hamilton's house. Those sit 10 to 20 feet above his view. He submitted pictures to the Commission showing the poles and netting. Mr. Freeman did cut the poles down about 5 to 8 feet for him. As far as he is concerned, it has decreased the value of his property and also the view. Lights will also decrease his property values because they will shine directly into his windows all night until 10 p.m. Peter Stewart, 20342 Acre Place, said about 5 p.m. a crowd of noisy beer drinkers arrive. If the hours were extended, he assumes this type of behavior would continue. He and his friends have had to leave the patio area because it was so noisy and disturbing. With the increased consumption of alcohol, then that would also increase the possibility of vehicle accidents. Mike Panos, 10692 Meads Avenue, has lived at his residence for 13 years and part of his property backs up to Handy Planning Commission Minutes June 4, 1990 - Page 12 Creek. He has problems now and can't imagine what kind of problems there will be at night. He wears a hard hat to work in his corral and barn. They collect 1 1/2 to 2 1/2 bags of balls on weekends. He complained to a gentleman named John, but nothing has been done. Two of his windows have been blown out by golfers who aimed at his house. John also told him he could sue if he wanted to. This is what you call "friendly neighbors". He lets his trees grow wild in order to protect his home; he can no longer see the golf course. Chairman Master commented the issue before the Commission was one of lighting and it doesn't take care of the problem of golf balls in the daytime. Mark Sanford, 10591 Meads Avenue, has lived in Orange Park Acres since 1985. He is currently on the Board of Directors for Orange Park Acres and has played this course since he was 11 years old. They're not asking the Club to leave. They would like the Club to stay. They're the ones (the Club) who are asking to materially change the lifestyle the people have been accustomed to out there. The C.U.P. will affect the community, both from a safety standpoint and a change of lifestyle. There will be further intrusion and destruction of private property. He had a broken window 1 1/2 years ago and when he called to complain, the Club said it was not their responsibility. He feels they have the right to enjoy their yards during evening hours without intrusion. He also talked about the traffic issues on Meads and Orange Park Blvd. Is the community being asked to mortgage somebody else's economics situation at their safety or r isk? Mara Brandman, 7319 Equitation Way, is currently the political liaison for the Orange Park Acres Association. She was speaking at the request of their President, Robert Walters. After a meeting with the O.P.A. Board, concerned citizens and Dave Freeman, they voted unanimously to oppose at this time night lights on the golf course. They feel the mitigating actions were insufficient and could not be monitored or maintained. It infringes on the basic integrity and nature of O.P.A. Beverly Wade, 10686 South Meads, said night lighting will bring more people into her back yard, which she doesn't like the f eel of strangers in her back yard. She wants her peace at night. RPhuttal Mr. Freeman did not know of the problems regarding Mr. Rust until he personally contacted him. At O.P.A.'s meeting Mr. Freeman told Mr. Rust there did not seem to be a way to satisfy him and Mr. Rust stated that was right, short of not Planning Commission Minutes June 4, 1990 - Page 13 doing this project. Mr. Rust has never called or sent any correspondence to Mr. Freeman. He's more than willing to sit down with him and try to work out any type of screening that would be to his satisfaction that would eliminate this particular problem or at least minimize it. He has met with several homeowners and they have resolved most of the concerns. To talk about golfers being dangerous people is a pretty severe exaggeration. Regarding traffic issues, there have been 2 million trips up to Club within the last 7 years and not one accident has involved a golfer. He has put speed bumps in his parking lot because of the topography. He's willing to put speed bumps at the beginning of his drive if that would help. The people object to his ability to expand his business within the established business hours as they have been for 15 years. Tennis players are up there until 10 p.m. There is no difference between tennis players and golfers leaving the Club at 10 p.m. He spoke with Mr. Hamilton one time regarding the golf balls and spent over 7,000 putting up poles and netting, which he understood had satisfied him. Between he and his neighbor, they objected to the view because it was then too tall. He cut them down 15 feet to appease them and that's the last time he received any correspondence or phone calls from Mr. Hamilton. They do take down the nets when the Santa Ana winds are blowing. There is no direct lighting into the homes; they're shielded and you will not be able to see the light bulb. He was not aware of the beer drinking and yelling; however, they plan to have a Marshal on the course to alleviate those kinds of problems should it ever arise. The only person he could think of in management was a John Hardy six years ago, who had a lease on the property. Mr. Freeman has never had the opportunity to speak to Mr. Panos. He's not asking for anything that it isn't zoned for; he's not asking to use hours that they're not already using; and he feels it is in the best interest of all the people that the C.U.P. be granted. Up until March 1, 1990 Mr. Freeman leased the golf course, but now he is personally managing the Club. The public hearing was closed. Chairman Master commented it seemed like the errant golf balls have become the issue. There is a break in communications between the property owners and Club in that if the neighbors have had problems, they haven't been able to get to Mr. Freeman in a timely fashion. Commissioner Bosch said the problem again is lighting, but lighting extends uses which may be currently detrimental to the neighbors into the later hours. It appears that the driving range problem occurred several years ago when the tees were moved forward to allow the placement of a practice tee. There was also a problem with the short run on the second hole that may be the cause of problems to some of the Planning Commission Minutes June 4, 1990 - Page 14 residents along Acre Drive. He doesn't think there is anything anyone could do day or night, weekends, evenings, about those who misuse the privileges on the golf course; it cannot be controlled. There may have to be something done to mollify the neighbors, not only for the daytime use, but particularly with the lights and extension/invasion of privacy relative to that driving range and the second tee. What minor adjustments can be made in the layout of portions of the course, or adjustments of the driving range, in addition to the fencing, to help solve that problem? Mr. Freeman wants to identify where those problems are. It has only been these last few weeks that he has been able to discern where the problems are. Higher netting has been erected, but it appears that the solution to that particular problem is not resolved simply by having higher netting. Taller netting on both sides and along the back side of the driving range is needed. One of the solutions to Mr. Rust's problems is to also affix lighting directly behind his house on the opposition side of the driveway. That would eliminate a significant portion of his problem. The netting situation can resolve problems for the homeowners. The driving range issue and netting were discussed. He is willing to affix netting at the same height as the other netting. The driving positions sit within 10 feet of where they originally were. The perception is different because they did construct putting greens behind them. There was no substantial change. Commissioner Bosch would like some factual information abou t this because physical adjustments to the layout of the course can impact the residents more than they anticipated previously and a change in hours can too. The hours will be changed by 50~ in the winter with the lighting in the evening and maybe 15~ in the summer. He would like to see a happy medium. Mr. Freeman said there were two things they could do: One, is to install higher netting at the back of the driving range and netting at property lines by those homeowners who desire them; two, as far as the lighting, it will provide 0 footcandles along the entire property line and if there are any lights that people object to, a shield is available that can be affixed to any light if the bulb is showing. They could move the actual placement of the second tee back approximately 10 or 15 yards, or the actual pin placement could be moved up so that the hole is played shorter. Perhaps, they could even redirect the placement of the tee itself so that the shot visibly is more on an angle to the golfer's left rather than to the right. Planning Commission Minutes June 4, 1990 - Page 15 Moved by Commissioner Scott, seconded by Commissioner Bosch, to continue Conditional Use Permit 1836-90 to June 18, 1990 in order for the applicant to work with his neighbors and staff to come up with conditions that are reasonable and to address the issues/problems of the neighbors. Mitigating measures should be illustrated as to how that can be accommodated. AYES: Commissioners Bosch, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Scott, seconded by Commissioner Bosch, that the Planning Commission adjourn to June 11, 1990 at 5:00 p.m. to review the Capital Improvement Program for compliance with the General Plan. AYES: Commissioners Bosch, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED The meeting adjourned at 9:40 p.m. sl d