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Ms. Decker confirmed the definition and added that if basketball hoops were considered accessory structures if they were over ten feet high, they would require design review approval and would have to placed within a certain side and reaz yard setback; however, the Building Code does not require a permit for flatwork. She reiterated that this is the reason why it is necessary to identify what sports courts aze and how to regulate them. Commissioner O'Connor commented that the Commission should probably discuss sports appazatus first prior to considering sports courts because a neighbor could pour a patio and wheel out a portable basketball hoop and never move it, and this does not take away the nuisance. Commissioner Blank agreed with Commissioner O'Connor. Acting Chairperson Fox noted that the nuisance level is not only regazding visual and noise but is also dependent upon whether the sports court is there for casual use or as a private recreational facility bordering on commercial use. Commissioner O'Connor indicated that he does not want to see lighted courts in residential azeas or any kind often-foot high fence and would like to require a certain amount of feet from the fence line. Commissioner Blank proposed that this item be scheduled for a second workshop with more structure in terms of questions and technical underpinnings. Ms. Decker replied that this can be done and that she has enough information to include more technical information, noise evaluations, and possibly some photographs of existing sports courts in the City. Acting Chairperson Fox agreed that noise should be addressed and that sports courts be allowed in properties that aze zoned at least R-1-6,500 or R-1-10,000. She noted that the goal is to move children from playing in streets, which is a safety issue, and if any possibility in the back yazd is eliminated, the children will be playing with portable hoops in the streets, especially if there is no pazk in the neighborhood. She indicated that the definition of sports courts should specify the kind of sports allowed as there are neighborhoods that have putting greens, batting cages, or skateboazd ramps in their backyazds. She stated that fencing and lighting should not be mandatory since some existing areas without lights and fences look like sports courts. She added that the discussion should include what would be permitted, what would require a use permit, and what would be prohibited. Commissioner Peazce requested clazification regazding the language on Section 18.84.160 on page 3 of Exhibit A with respect to sports courts being classified as accessory structures. She added that to minimize noise and nuisances, sports courts could be subject to setbacks and square footage limitations as provided in this section's language "... in the aggregate no more than 500 square feet or ten percent of the area of the required reaz yard..." but whichever is lesser rather than greater. Ms. Decker advised that staff would refine the language before it is brought back to the Commission. PLANNING COMMISSION MINUTES December 27, 2006 Page 11 of 19