Item 11 - Response to Public Oral Communication from Robert Hessler _l_. � �v
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tiGENDA R�T
. .; G`-C OF W,qY
CITY OF POW�?� '
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� yFC�h IN THE COV�tP
TO: Honorable Mayor and Members of the City Council
F'ROM: James L. Bowersox, City Ma�
INITIATED BY: Reba Wright-Quastler, Director of Planning Services �
Mark S. weston, Director of Engineering Services �yc-✓
PROJECT
PLANNER: Stephen A. Streeter, Assistant Director of Planning
Services
Oda R. Audish, Planning Intern py}-
PROJECT
ENGINEER: Alan F. Schuler, Senior Civil Engineer
DATE: February 25 , 1992
SUBJECT: Response to Public Oral Communication from Mr.
Robert Hessler at Februarv 11 1992 Meetinq
ABSTRACT
On February il , 1992, Mr. Hessler, of 15497 Oakstand Court, came
before the City Council expressing concern over the elevation of a
recently graded lot adjacent to his property. He urged revisions
to the public notice wording so that those receiving such notices
would know that grading and pad elevation changes could be involved
with land divisions . Mr. Hessler also requested that the City
waive any fees for lowering the slope adjacent to his back yard.
Staff recommends modifying the public notice and carefully
reviewing the future minor development review for Parcel 2 .
BAQCGROUND
In June, 1991 Mr. xessler received a public notice regarding the
application of Douglas Pierson to subdivide the lot behind his
property into two one-acre lots . According to Mr. Hessler, he did
not find a reason to contact the Planning Services Department
because the density of the subdivision was similar to the rest of
the neighborhood. In December, 1991 grading began on both lots in
connection with an approved minor development review (MDRA) for the
newly created lot ( Parcel 1 ) that did not abut Mr. Hessler' s
property. Mr. Hessler was surprised to find that the pad
ACTION:
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- Agenda Report
February 25, 1992
Page 2
elevation to the rear of the graded lot was higher than the top of
the fence that is located at the bottom of his slope. He contacted
the Planning and Engineering Services Departments to request
changes to the grading; however, by this time the grading plans had
been approved and the time line for an appeal to the parcel map had
expired.
DISCUSSION
Mr. Hessler contends that the notice was insufficient to let him
know that the pad elevation and grading are also part of a
subdivision approval . Staff has reviewed the public notices sent
out for tentative maps and some possible changes are recommended
for future notices (see Attachment i ) . Grading, pad elevations,
site development, drainage, and streets/sidewalks are key
conditions that will be specifically mentioned in the notices. if
adopted for use, this revised notice will be used by the City
Clerk' s office for all public notices they initiate on land use
matters and by the Planning Services Department for minor
development review applications in notifying nearby property
owners . In addition, staff could modify the submittal requirements
for tentative maps so that pad elevations of surrounding properties
are shown to assist the citizens who do inquire to understand the
relationship of proposed grading of adjacent property with their
existing pad elevations.
When Mr. Pierson' s parcel map, TPM 91-04, was approved by the City
Council on June 18, 1991, the proposed grading was shown on the
tentative map. The elevation on Parcel 2, adjacent to the Hessler
property, was shown at 910 . 0 feet above mean sea level (m.s.l. ) .
Resolution of Approval, P-91-37 , specified that pad elevations
could not be increased by more than two feet without City Council
approval.
�
Mr. Pierson' s engineer prepared a grading plan, G785-91 , (see
Attachment 2) with a pad elevation of 911 .0 feet m.s .l. The
grading has been completed in accordance with the approved plan.
We have received a final soils report and a letter of certification
from the civil engineer ( see Attachment 3 ) .
The earthwork on the two parcels owned by Mr. Pierson was a
balanced grading job of 5 , 000 cubic yards total. There was no net
import or export of soil . The west portion of the upper Pierson
lot {Parcel 2 closest to the Hessler (property) has been lowered
approximately four feet and the east portion was raised
approximately eleven feet. The western portion of the lot was
raised to drain to oakstand Road. The rear third of the lot drains
to a natural drainage course to the east.
2 of 11 FFB 2 5 1992 !'�c1�9 11
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, Agenda Report �:,�� ,
February 25, 1992
Page 3
When the Hessler� s lot was graded in 1986, their building pad was
established at 912.0 feet m.s.l. The cross-sections (see
Attachment 4 ) show the relationship between the two lots before and
after grading. The rear portion of the Hessler' s lot ranges from
one foot lower on the west end to ten feet lower on the east end.
The Pierson lot is one foot lower than the Hessler lot at the house
pad location. The grading for the Pierson lot appears above the
fence between the lots because the fence is located in a small
drainage ravine between the two lots.
The recent MDRA approval was for Parcel 1 . Mr. Hessler and other
adjoining property owners will have an opportunity to review and
comment on the design, placement and design of the future house
and, if conditioned to do so, the landscape plan on Parcel 2 . The
building permit for MDRA 91-54 for 15621 Oakstand Road (Parcel 1 of
the Pierson map) was approved on February 13 , 1992 .
RECOI•AfENDATION
It is recommended that the City Council direct staff to:
� 1 . Modify the wording of public notices to clarify other actions
to occur as part of tentative map and other land use
applications .
2. Closely monitor the future MDRA application for Parcel 2 as to
design, placement and height of the residence and the
landscape plan for the eastern portion of the lot.
JLB:RWQ:MSW:SAS:AFS :ORA:pcm
Attachments :
1 . Public Notice for TPM 91-04 and Proposed Revised Public
Notice
2 . Grading Plan
3 . Engineer' s Certification of Grading
4 . Cross-Sections
5 . TPM 91-04
6 . Zoning and Location Map
PEPORT\HESSLER.AGN
3 of 11 F�B 2 5 1932 1T��7 11
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�� L.ITY C�� POWA� G;j�� ����,,q;-
lAN GOIDSMl171.Mayor � �
DO�HMERY.Dcputy Mayor
DONIfIGGINSON,Councilmcmbcr '- _.
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6.TONY SNCSKO,Councilmcmbcr ...,_.. . P
KATiIYMCQJiYRE.CouncJmemMr F��r�!�s n�e.�.`,�-t
NOTICE OF PUBUC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Poway will hold a
Public Hearing in the City Council Chambers, 13325 Civic Center Drive, Poway
California 92064 on Tuesday, June 18, 1991, at 7:00 p.m. or as soon as possible
thereafter to consider the following item:
ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 91-04 - LAND DEVEIOPMENT
SURVEYS, APPLICANT; DOUGLAS PIERSON, OWNER: a request to subdivide a 2.097
acre site into two 2 parcels; located on the east side of the 15600 block
of Oakstand Road in the RR-C 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: 278-442-35
ANY INTERESTED PERSON wishing to express concerns in favor or against the above
may appear in person at the above descr�bed meeting or submit their concerns in
writing to the City Clerk, City of Poway. If you challenge the matter in court,
you may be limited to raising only those issues you or someone else raised at
the pubiic hearing described in this notice, or in written correspondence
delivered to the City Council at, or prior to, the public hearing.
FURTHER INFORMATION on these items may be obtained at the City of Poway Planning
Services Department, 13325 Civic Center Drive, Poway, California, or by tele-
phone: (619) 679-4290
� Marjorie K. Wahlsten, City Clerk
Published in the Poway News Chieftain on June 6, 1991
Order No. 91-077
4 of 11 ATTACHMENT 1 FEB 25 1992 ITEM 11
Ciry Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. E3ox 789, Poway, California 92074-0789 • (G19) 748-6600, 695-1400
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February 25, 1992
PROPOSED NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Poway
will hold a Public Hearing in the City Council Chambers , 13325
Civic Center Drive , Poway California 92064 on Tuesday, February 25,
1992, at 7: 00 p.m. or as soon as possible thereafter to consider
the following item:
Environmental Assessment and Tentative Parcel Map 92-10 -
John Smith , Applicant : A request to subdivide a 2 . 097
acre site into two (2) parcels; located on the east side
of the 10000 block of Jones Avenue in the RR-C zone.
Site development , grading , including pad elevation ,
_ public improvements, and other subjects relevant to this
request will be considered at this hearing . The 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: 000-000-00
APN: 000-000-00
ANY INTERESTEU PERSON may review the plans for this project and
obtain additional information at the City of Poway Planning
Services Department , 13325 Civic Center Drive, Poway, California ,
or by telephone (619) 679-4290. If you wish to express concerns in
favor or against the above , ou may appear in person at the above
described meeting or submit your concerns in writing to the City
Clerk , City of Poway.
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 .
Marjorie K. Wahlsten , City Clerk
— Published in the Poway News Chieftain on
Order No.
5 of 11 FEB 2 5 1992 IT�R9 11
ATTACHMENT 1A
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S4UTH Ct�AST CIU �-�NGiNE�RING
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City of Poway Engineering Dept .
13325 Civic Center Drive
Poway, CA 92064
RE: Pierson Residence, G758-91
15621 Oakstand Road
Poway, CA
Subject : Rough Grade Certification
Please be zdviseci that tne above referenced site has been graded in
substantial conformance with the approved grading plan G758-91 aad
tne approved red line construciion changes .
� For parcel #1 the rough grade nouse pad elevation is 908 . 0 ' M. S . L .
and the detached garage pad elevation is 906 . 5 ' M. S . L.
For parcel #2 tne rough grade house pad elevation is 911 . 0 ' M. S. L .
If you nave any questions on this matter , please do not hesitate to
contac� me at 481-8907 .
Sincerely ,
�,�, ���_� _ z/s/9z
Russell Bergener Date
RCE 44641 ,� C � F ' �, � p
Exp 3/31/90
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CITY OF POWAY ITEM :
TITLE : Crosa-Sect�ons
SCALE : None ATTACHMENT :. 4 II
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TITLE : Cross—Sect�ons
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CITY OF POWAY ITEM :
TITLE : Tentative Percel Mep 91-04
FES 2 5 1992 IT��7 11
SCALE : None ATTACHMENT :
10 of 11
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CITY OF POWAY ITEM :
Zoning and Locetion Map
�� TITLE= ror TPM si-oa
FEB 2 5 1992 I'1��17 11
SCALE : None ATTACHMENT : 6
11 of 11