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AGENDA REPORT
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TO: Honorable City Council ~ \
FROM:
Prepared by: Joseph R. Vacca, Principal Plann . 'f;,
DATE: January 15, 2014 (CC Meeting of 02/05/2014)
SUBJECT: Consider Authorizing Staff to Submit a Letter of Withdrawal of the
City of Moorpark's Appeal Application to the Ventura County
Planning Director on the Ventura County Planning Commission
Approval of Minor Modification No. 3 to Conditional Use Permit No.
4915 for the Tom Barber Golf Center (LU10-0087)
BACKGROUND/DISCUSSION
On September 1, 2011, the Ventura County Planning Commission approved, by a 3-1
vote, Minor Modification No. 3 to Conditional Use Permit No. 4915, which, among other
things, extended the permit for the Tom Barber Golf Center from 2017 to 2037. Lighting
from the Tom Barber Golf Center has been an ongoing concern of the City. The permit
extension hearing offered an opportunity for the County Planning Commission to make
changes to the lighting conditions, if the Commission found the lighting to be a public
nuisance; however, the Commission did not make that finding and did not call for any
changes to the lighting. On September 9, 2011, following the direction from City Council
at their September 7, 2011 meeting, staff filed an appeal of the decision of the County
Planning Commission. The appeal fee was $2,000.00. The public hearing on the appeal
was scheduled and noticed to be heard by the Board of Supervisors on February 28,
2012. However, the applicant requested a continuance to allow more time to address
outstanding lighting concerns, and the item was continued to be renoticed at a future
Board meeting.
The applicant hired Musco Lighting to develop a redesign of the lighting on the Tom
Barber Driving Range in response to comments from the City's lighting consultant. The
proposed lighting would eliminate all ground-mounted lighting, replacing it with nine (9)
seventy (70') foot high poles with two lights on each pole aimed downward instead of at
a 90 degree angle to the ground. The existing pole mounted lights behind the tees
would be aimed downward at a 30 degree angle, instead of being aimed horizontally
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Honorable City Council
February 5, 2014
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straight out. The new proposed poles would be a similar height to the sports lights used
in Arroyo Vista Park as well as the high voltage power lines on Tierra Rejada Road
adjacent to the driving range. Staff met with County planning staff and the applicant on
site on May 23, 2012, to review the updated lighting plan; and also forwarded the new
plan to Teri Jackson, Moorpark's Lighting Consultant of Seaport Lighting Inc. Ms.
Jackson indicated that upon review of all supporting documents provided concerning
the newly proposed Musco lighting system for the Golf Center, the proposed lighting
strategy would achieve the goals of reducing off-site glare from the driving range. Staff
presented this information to the City Council on July 18, 2012 and requested
authorization to submit a letter in support of the proposed changes to the lighting. On
September 13, 2012, staff submitted to the County a letter of support for this revised
lighting design.
On November 21, 2013, a new application with the revised lighting was reviewed by the
Ventura County Planning Director, and an approval letter was issued for the updated
lighting plan application on November 26, 2013. Following the appeal period for the
approval, the applicant withdrew the original application (Attachment 1 ). County staff
reported that the appeal fee from the City for the original application had already been
spent on preparing the appeal and no refund was available.
STAFF RECOMMENDATION
Authorize staff to submit a letter of withdrawal of the City of Moorpark's appeal
application on the Ventura County Planning Commission Approval of Minor Modification
No. 3 to Conditional Use Permit No. 4915 for the Tom Barber Golf Center (LU10-0087).
Attachment 1: December 16, 2013 email from Tom Cohen, Applicant/Attorney for Tom
Barber withdrawing the prior Ventura County Planning Commission
approved application on Tom Barber Golf Center.
\\DC1\Department Share\Community Development\OTHER AGENCIES\Ventura County\Tom Barber Golf_CUP\20140205 CC Agenda Report Updated L1ght1ng_Cnty
Approval doc
217
David Bobardt
From:
Sent:
To:
Subject:
CC ATTACHMENT 1
Cohen, Tom <Tom.Cohen@alston.com>
Monday, December 16, 2013 1:53 PM
Brian Baca
RE: Tom Barber, LUl0-0087
Brian: Tom Barber Golf Center, the applicant for the above-captioned application, agrees to withdraw the project
previously presented to the County of Ventura Planning Commission at its September 1, 2011 hearing whereby the
Planning Commission approved the project described therein. The approval was then appealed to the Board of
Supervisors. Thereafter, the applicant agreed to modify the project to address concerns raised by the City of Moorpark
in its appeal and those concerns raised by the neighbors located to the south of the driving range. The project was
subsequently modified to remove the ground-mounted bunker lights and install nine seventy foot poles along the
perimeter of the driving range. It is our understanding that with the withdrawal of the Planning Commission-approved
project, the City of Moorpark will withdraw its appeal and the matter concluded.
Thank you.
Tom
Thomas S. Cohen I Alston + Bird LLP
Direct: 805.230.2302 I Mobile: 805.712.1586
-------.------
From: Brian Baca [mailto:Brian.Baca@venturaorg]
Sent: Monday, December 16, 2013 9:16 AM
To: Cohen, Tom
Subject: Tom Barber, LUl0-0087
Dear Tom:
I would like to close out the other half of the Tom Barber case Could you send me an email to confirm that the previous
project design that is the subject of the City of Moorpark's appeal to the Board of Supervisors has been
withdrawn. Thanks
BRIAN R. BACA, Planning Manager
Resource Management Agency
County of Ventura
1
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