Item 8 - CUP 94-03 MDR 94-18 Benjamin Lin
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AGENDA R1..'ORT SUMMARY -,
"". Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~ .
INITIATED BY: John D. Fitch, Assistant City Manager!"1' .U,
Reba Wright-Quastler, Director of Planning Services ~
Carol Rosas, Assistant Planner II
. DATE: June 28, 1994
SUBJECT: Conditional Use Permit 94-03 and Minor Development Review 94-18, Benjamin
Lin, Owner, Bill Yen, Applicant
ABSTRACT
A request to construct an attached 1065 square foot accessory apartment with a single car
garage and a lighted tennis court on a property with an existing residence located at
15902 El Camino Entrada within the rural Residential B zone.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the provisions of the California Environmental
Quality Act in that it is the installation of new facilities or accessory structures. A
__Categorical Exemption, Class 3 may be issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 34 property owners
in the project area.
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 94-03 and Minor
Development Review 94-18 subject to the attached proposed resolution.
ACTION
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1 of 9 JUN 28 1994 ITEU "8 t!
AGENDA REPORT
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manag~
INITIATED BY: John D. Fitch, Assistant City Manager
Reba Wright-Quastler, Director of Planning Services "
Carol Rosas, Assi$tant Planner II
DATE: June 2S, 1994
MANDATORY
ACTION DATE: July 30, 1994
SUBJECT : Conditional Use Permit 94-03 and Minor Development Review 94-
18. Benjamin Lin. Owner. Bill Yen. Applicant: A request to
construct an attached 1065 square foot accessory apartment
with a single car garage and a lighted tennis court on a
property with an existing residence located at 15902 El Camino
Entrada within the Rural Residential B zone.
APN: 275-271-03
BACKGROUND
The applicant is requestin9 approval to construct a 1,065 square foot accessory
apartment and a lighted tennis court. Section 17.0S.100.C of the Municipal Code
requires a conditional use permit approval for an accessory apartment and Section
17.30.010 of the Code requires a minor conditional use permit approval for a
lighted tennis court.
FINDINGS
The proposed 1,065 square foot single story accessory apartment will have an
attached single car garage, It will be developed on the southerly part of the
property and will be attached to the main residence with a covered walkway. The
arch i tectura 1 design and exterior building materials will match the existing
6,650 square foot dwelling. Some grading will be required to cut a driveway to
access the single car garage, There are City services available to the site and
the development of an accessory unit should not overtax these services.
ACTION: 1
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Agenda Report
- June 28, 1994
Page 2
The applicant is also requesting approval to construct a lighted tennis court.
The court will be located in the northwesterly corner of the property. The
tennis court will be partially screened from surrounding properties by a stand
of eucalyptus trees to the north, a 10 foot high manufactured slope to the west
and the main residence to the south. A condition of approval for the project
will require that landscaping be installed around the court. Eventually the
1 andscapi ng wi 11 help to screen the court from surroundi ng propert i es. In
addition, the tennis court lighting design shall comply with City standards and
the use of the tennis court lights are limited to between the hours of 7:00 a.m.
and 10:00 p.m.
The proposed accessory apartment and 1 i ghted tenn is court comply wi th City
development guidelines and the Covenants, Conditions and Restrictions (cC&Rs)
for Green Valley Estates. Therefore staff recommends approval of the project
subject to conditions.
ENVIRONMENTAL REVIEW
The project is categori ca 11 y exempt from the provlslons of the California
Environmental Quality Act in that it is the installation of new facilities or
accessory structures. The accessory apartment and tennis court are both
considered to be accessory structures. A Categorical Exemption, Class 3 may be
issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 34 property
owners in the project area.
RECOMMENDATION
It is recommended that the City Council approve Conditional Use Permit 94-03 and
Mi nor Development Rev i ew 94-18 subject to the conditions contained 'in the
attached proposed resolution.
JLB:RWQ:cMR:KLS
Attachments:
A. Proposed Resolution
B. Proposed Grading Plan
- C. Proposed Building Elevations
3 of 9 JUN 2 8 1994 ITEM !b ' I
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-03 AND MINOR DEVELOPMENT REVIEW 94-lS
ASSESSOR'S PARCEL NUMBER 275~271-03
WHEREAS, Conditional Use Permit 94-03 and Minor Development Review 94-lS,
submitted by Benjamin Lin, Owner and Bill Yen, Applicant, request approval to
construct an accessory apartment and alighted tenni s court on the property
located at 15902 El Camino Entrada in the Rural Residential B zone; and
WHEREAS, on June 2S, 1994, 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)
from the California Environmental Quality Act.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan in that an
accessory apartment and a lighted tennis court are considered to be
accessory uses for a single family residence in the Rural
Residential B zone.
2. That the proposed development wi 11 not have adverse aesthetic,
hea lth, safety or architecturally reI ated impacts upon adjoining
properties, in that the architectural design of the accessory
apartment is compatible with the primary dwelling and the landscape
installation, 1 ighting design and court material swill allow the
tennis court to be compatible. with and screened from surrounding
propert i es.
3. That the proposed development is in comp 1 i ance wi th the Zoning
Ordinance, in that it comp 1 i es with the setbacks, structure and
fence height 1 imits, lighting standards, and all other property
development standards of the RR-B zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that all
surrounding properties are under the same zoning designation as the
subject lot and are to be developed as single family residences.
5. That the generation of a small amount of additional traffic will not
adversely impact the capacity and physical character of surrounding
streets.
6. That there are public facilities and utilities available to service
the project.
4 of 9 JUN 2 8 1994 ITEM $
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Resolution No. P-
Page 2
7. That there wi 11 not be significant harmful effects upon
environmental quality and natural resources in that the lighted
tenni s court is considered an accessory use to a single family
residence and conditions of approval for the project requiring
1 andscape screen i ng and 1 i mi ted hours of operat i on wi 11 mi t i gate
potential negative impacts.
Section 3: citv Council Decision:
The City Council hereby approves Conditional Use Permit 94-03 and Minor
Development Review 94-1S subject to the following conditions:
1. 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.
2. The use conditionally granted by this permit shall not be conducted
in such a manner as to interfere wi th the reasonable use and
enjoyment of surrounding residential and commercial uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
complaints, the required annual review shall be set for a publ ic
hearing before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE 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. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. 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.
4. The applicant shall comply with the latest adopted the Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code, and all other applicable codes and ordinances in
effect at the time of building permit issuance.
JUN 2 8 1994 ITEM $ ~ I
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Resol ution No. P-
Page 3
5. This approval sha 11 become null and void if building permits are not
issued for this project with i n two years from the date of project
approval.
6. A maximum of eight lights shall be permitted of a height not to exceed 22
feet. All 1 ights and 1 ight fixtures shall be certified by a qualified
lighting engineer to:
a. Be des i gned, constructed, mounted and ma i nta i ned such that, the
light source is cut off when viewed from any point above five feet
measured outside the lot at the property line.
b. Be designed, constructed, mounted and maintained such that the
maximum illumination i ntens ity measured at the wall of any
residential building on abutting property shall not exceed one-half
candle foot above ambient levels.
c. Said certification shall be provided to the Planning Services
Department prior to the issuance of an electrical permi t for the
tennis court lighting.
7. Hours of operation for court 1 ights shall be restricted to the period
between 7:00 a.m. and 10:00 p.m.
8. A 1 andscape and i rri gat i on plan for the area between the tenn is court
fence and property line shall be submitted to the Planning Services
Department for review and approval prior to the issuance of an electrical
permit for the tennis court lights. Installation of all slope planting
and irrigation shall occur prior to final inspection.
9, 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.
10. The maximum height of the tennis court fence or any combination of fence
and retaining wall for the court shall not exceed 10 feet.
11. Either the main residence or the accessory apartment shall be occupied by
the owner of the property at all times that either unit is held out for
rent.
12. One on-site garage parking space shall be prov i ded for the accessory
apartment.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
JUN '2 8 1994 ITEM ~ \ I
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Resolution No. P-
Page 4
to issuance of a grading permit and start of grading operation. Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
permit.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within thepublic street right-
of-way or any City-held easement. Said work shall include, but it not to
be limited to, construction of driveway approach, sewer lateral
installations, water service line installation, street construction
(including concrete curb, gutter, and sidewalk). Permit shall be obtained
prior to start of work.
3. Prior to building permit issuance for the accessory apartment, the
following fees shall be paid:
a. Traffic Mitigation Fee $ g90
b. Park Fee 2550
c. Drainage Fee (Zone 42E) 950
4. Water and sewer fees shall also be paid prior to building permit issuance
if water service and sewer lateral lines require new connections to the
public main lines.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance #64.
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Minimum
height of address numbers shall be four inches. Address may be required
at private driveway entrances.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of June 1994.
Don Higginson, Mayor
ATTEST:
_ Marjorie K. Wahlsten, City Clerk
7 of g JUN 281994 ITEM ~ ' ,
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