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Item 13 - Suggested Findings for Denial of MDR 86-70 AGENDA REPORT ' -- G� W'9Y CITY OF POWAY _ � �i F C�"m� THe coV� TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager INITIATED BY: Reba W. Touw, Director of Planning Services � DATE: November 25, 1986 SUBJECT: Suqgested Findinqs for Denial of Minor Development Review 86-70 If the City Council wishes to "deny MDRA 86-70 , the following fin- dings are suggested: 1 . The proposed recreation-entertainment building will have adverse aesthetic impacts upon existing adjoining properties in that: ._ a. it is 64 feet long and is located 10 feet from a side property line; b. it is adjacent to the rear yard of the neighboring property; c. it is excessively large; d. it will restrict the view of the foothills from adjoining properties; and e. the elevations are stark with little architectural detail on the 64 foot long, straight wall. JLB:RWT:is ACTION: NOV 2 5 1g86 I T E M 13 T�rald Goldstein 0337 Summer Sage Rd. Poway , Calif. 92064 November 24 , 1986 members of the City Council City of Pouiay 13325 Civic Center Drive Poway , Calif. , 92064 Subject ; minor Development R�viEUi 86-70 Diane & David merrick Applicants Construction of a 1 ,365 Square Foot Building Dear Council memhers , � I am taking this opportunity to object to the subject development. my property is located diagonally across from the merricks and is adversely impacted by the development. The primary reasons I purchased my home in poway is as follows ; - size of the lots - A vieui of the foothills from the backyard - Large lots with maximum distances between buildings It is extremely disappointing to discover after making a major purchase , the c:iteria used for the selection is no long- er valid. The vieui and the distances betuieen structuras are negatively impacted by the proposed building. Putting up a building only 300 square feet smaller than some of the existing residences in the area , on a lot which was supposed to have only one structure is unjust. Placing that building directly in the line oP view of a neighhor is unfair. The potential impact of this building on my property is all negative. The value of my home will decline since two key ad- van�ages have been removed. I also feel that all the neighbors in the area have not been apprised of the situation. Even if they are not directly impacted , they should he informed since a precedence setting situation is before us. IP' one neighbor puts two structures on a lot originally intended for one , uihat is to prevent other neighbors from doing the same. I urge the council to vote against this proposed develop- ment . If a building of this size goes in our property values will decrease, our vieui will be obstructed and the oPenness of the community will be in danger of heing eliminated. At the least , all residances in the Bridlewood Americana Series should be advised of this pending action since they are indirectly impactedo Your denial of this permit will go a long way in uphold- ing the true value of open space in North Poway. Sincerely , � // ///� w,lA�,( l d Gerald Goldstein NOV 25 1986 ITEM 13 r�aron Goldstein 16337 Summer Saqe Rd, Pouiay , Calif. 92064 membQrs of the City Council City of pouiay 13325 Civic Center Drive � - Poway , Calif. , 92064 Subject : minar Development Review 86-70 David & Diane merrick Applicants Construction of a 1 ,365 Square Foot Addition Dear Council members , The property on Ua11ey.. Sprin4. Rd. is not sitting in a Green Ualley setting uihere establ.ished trees or the terrain uiill camouflage the addition. This is a tract development with 5 foot high fences and u�here roof lines are visible just as they are in any tract development , the only difference is the larger lot size. The area is quite different than those on custom lots uiith native vegetation surrounding the houses and neighbors are a distance from one another. This addition is largar than the size of an apartment unit or a condominum that has two bedrooms and a dining room. Length- wise it is almost the size of the third largest house in the development and is only 300 square feet smaller than the small- est house in the development. This addition has tuio baihrooms included also. The Staff Planner explained that this is a Recreation / Entertainment Room not a Granny House but there is no difference other than the so called name placed on this structure. The only Restrictions placed on this building is no kitchen� facilities and the unit can not be rented out. Kitchen facilities are something the city can not enforce once the unit is built. Hot plates and microu�aves can be considered part of the recreation/ Entertainment facilities and later can be used for cooking if someone chooses to live in this structure. The Staff Report states that the addition can not 6e rented out , but what is to stop it from being used as a living facility on a_day to day basis for a maid or so call gues� . No money is being taken but someone is using it to live in. Even if the present ouiners may claim no intention to use it to live in, once built there can be no control on how it will be used , now or later when the property is sold. Property values are, depreciated. u�hen a potential buyer be- . lieves a lot of parties are part of the neighbor ' s life-style or that the size of the building is large enough for someone to live in In concluding I would like to ask each of you on the Council how many of you would be happy to look out at your property and NOV251986 ITEM 13 see two housos of almnst equal size clase together and blocking your view; when you bought the propgrty thinking it was going to be country living and it now looks like a development uiith zero lot lines. ' There seems to be a need nnw to estahlish an amendment to the present ordinance describing unattached additions . 1 ) Limits on the size ❑f an unattached house in a tract development uiith lot sizes of 20, 0�0 needs to be clarified . 2 ) The need to detine additions and not lable one as a Granny house and another as a Recreation/ Enter- tainment Room when in reality they serve the same puspose and can be used as a permanent living fa- cility. 3 ) Aiso the issue of whether room additions can be used as a permanent residences should also be better defined, The present ordinance does na* cover all the probl.ems that may arise when unattached additions zre baing< consider�d for permit. I would like to see some action in this matter in the near future. 5incerely , Sharon Goldstein i � '—. , . ti���,—� ��G���,--- NOV 2 5 1gg6 I T E M 13 GENDA REPORT G '9Y CITY OF POWAY This report is included on. the Consent Calendar. There will be no separate discussion of theF. report prior toapproval by the: City Council unless members of the. Council, staff or public IN THE C� requesC it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it w the City Clerk prior to the beginning of the City Council meeting. �e�ir:t�ir�c�le*'�IE��t�Iei��k##*#�e*ik��fe*str�ki�#�C�Ir�h�rkie*;F#*�e�e�e�t�k�fei��ie#*3r�k.kie�k*fie'*e��le��r9rdc�e�k* TO: Honorable Mayor. and Members of the CityCouncil FROM: James L. Bowersoxr City Mana INITIATED BY: Reba W. rouw, Director of Planning Services DATE': November` 25, 1986 SUBJECT: Minor Development Review 86-70 David and Diane Merrick, Applicants A request for approval to allow the construction of a 1,365 square foot recreation - entertainment, building as an accessory building. The property is located at 14040 Valley Springs Road in the PRD (Planned Residential Development.) zone. APN: 275-67`3-17 WOP 3 , ABSTRACT` ; PROJECT PLANNER: Sharon Crockett, Assistant Planner PARCEL SIZE: 78 Acre GENERAL PLAN' DESIGNATION: PRD (Planned Residential Development) zone ZONING: PRD (Planned Residential. Development) zone RELATED CASES None CORRESPONDENCE RECEIVED: None ENVIRONMENTAL RECOMMENDATION: categorically Exempt, Class 3 STAFF RECOMMENDATION: Approve subject to conditions ACTION. dF 4.86 i T E 13 4 I OF Id z 2 0F, la NOV' 24 1986 I T E M y Agenda Report November 25, 1986 Page,2 BACKGROUND A Project Description 5 On April 23, 1985, the Council directed Staff to bring to Council -for review each application for a, building permit for s accessory living quarters or guest houses. Mr. and Mrs-. Merrick are requesting the Council approve Minor. Development Review Application 86-70 and allow the construction of a 1,365 square foot recreation -entertainment building as an accessory building (see Attachment 2). The property is located at 14040 Valley Springs Road in the -Planned Residential Development zone and has been developed with atwo-story "Spanish, style. single-family residence as part of the Bridlewood. Develop- evelop-ment ment(.TTM 4.0 9 2R) . The Architectural Review Committee of Bridlewood has approved the building: (see Attachment 5). Staff' is recommending the recordation of a deedrestriction to prohibit the installation of a kitchen and rental of the proposed accessory structure., and compatibility with the existing residence in regard to architectural style, building materials, and colors. The 1,365 square foot 'building contains. game, bi.11iar.d, play, entertainment, and pool storage rooms (seeAttachments 3 and 4).. Only a minimal amount of grading will be necessary to pre-` pare the accessory building's pad. The proposed project complies with the setbacks, the. `height limit, and.the lot coverage restrictions of the property deve- lopment standards of the PRD zone. The surrounding properties are under the same zoning designation as the subject lot and are: developed with single-family residences similar, to the pro- posed project. B. Development Facilities- Development facilities to serve the building were installed construction of the underlying subdivision. This appli.- ,during cation will require the extension of sewer, water,: and utility lines. C. Environmental Review The project is Categorically Exempt, Class 3, from the provi- sions of the California Environmental Quality Act, and an exemption will be filed with the County Clerk. 2 0F, la NOV' 24 1986 I T E M y Agenda Report November 25, 1986 Page 3 Correspondence Notice of the public hearing has been sent to property owners. adjacent to the project prior to the hearing. FINDINGS • The proposed development is consistent with, the General Plan and. the Zoning Development Code. No adverse impacts of an aesthetic, safety, or architectural nature upon adjoining properties will occur because the recreation -entertainment building is compatible with the existing residence and adjacent developments. The project meets the Zoning Ordinance criteria and encourages the orderly appearance of the City because it is similar to and complements the adjacent development. RECOMMENDATION It is recommended that the City Council approve Minor Development. Review 86-70 subject to conditions contained in the attached reso- lution. JLB : RWT : SEC':pcm Attachments: 1. Proposed Resolution 2. Site Plan 3. Elevations 4. Floor Plan 5. Letter from Architectural Committee Approving Building 3 OF 10 Nov 251986 ITEM 13 9.0 r RESOLUTIOU NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING: MINOR DEVELOPMENT REVIEW -'86-70 ASSESSOR'S PARCEL NUMBER 275-673-1.7 WOP WHEREAS, Minor Development Review 86-70. submitted by David and. Diane Merrick, applicants, a request for approval to construct a t 1,365 square foot recreation -entertainment building.. The property is, located at 14040Valley Springs Road in the Planned. Reaidenti'al. Development zone. WHEREAS, on November 25, 1986, the City Council held a hearing on the above -referenced item.. E NOW, THEREFORE, the City Council does hereby, resolve as. follows:. Section 1: Findings 1. That the proposed development is in conformance with the Poway General Plan., 2., That. the: proposed. development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties. 3.. That the proposed development is in compliancem with the. Zoning Ordinance. 4 That the proposed. development encourages the orderly and harmonious appearance of structures and property within the City. Section 2: Environmental Findings: This project, is categorically- exempt (Class, 3 ?' from the pro- visions of the California. Environmental Quality Act., Section 3: City Council Decision: The City Council hereby approves Minor Development Review 86-70 subject to the following conditions 1p Within 30 days of:`approval., the applicant shall submit in writing that all conditions of approval have been. read and understood. NOV 2 5 1886 ITEM 13 OF 1a; t Resolution No. P- i Page 2 2. The appropriate Building Department approvals shall be received, prior to initiation of construction. 3. New utility lines shall be undergrounded`and only one electric meter shall be allowed. 4.. The applicants shall submit a letter, to the Planning Services Department stating that kitchen fac=ilities will not be installed in the detached structure, and that said structure will not be rented as a separate. living unit. A declaration of land use restriction prohibiting the rental of the accessory structure and installation of: kitchen fac.lities shal l. be recorded prior to building Aermi.t issuance,,. 5. 'The recreation -entertainment building shall match. the } existing residence in architectural style and building materials and colors: APPROVED and ADOPTED by the City Council of the City of: Poway, + State of California, this 25th day of November 1986. Bruce J. Tarzv, Mavor ATTEST: Marjorie K., Wahlsten,`City Clerk NOV 2 ITEM 13, 6'o r la .,r • t0ilf�1�• 111 X v 98 MOW MUM .511.11.0100 CITY OF POWAY NUN AST) ELEVATION` ITE..: N11)17aA96 -tea TITLE : Ft -F-01-1°1'" SCALE N- ATTACHMENT' NOV 2 5 7986 ITEM '. ►al-o' �t'=o' v'-6• 9�-d td•d to=o' 1�`•dtj w,r 3 r MIME. r _ Qa P-+{Ld.uRD RcEC7`I rose?(71 _ — — .. A _ , _a SnktW • Gkiu►If/ PT Ste f•iw/l Ylit O 0. ClOft'3' x �� 'r Q C� �w�l3i►�e 4•x'1 i g,v 14�+�3•` p'-�• -r ,i,.fy rte' 21� - t •� - , - 44 T56)PtO,W'AITE 56) -"7C)�.a TITLE o P SCALE a ATTACHMENT 8.OF NOV 2-5 7986 ITEM 13 ARC TrSC L REVIEW, COMI t BRIDLEWOOD CT` 4092-R ". MINUTE'S TO: Mr. Mrs. -Merrick. valley prIngs P�=CA 92� 6� - • s. FROM: Architectural Committee, Bridlewood Tract4092-R. An Architectural Review Committee meeting was held. on. 9-23-85 to. discuss the. following. RE,z Lot 73 File 53-8` I14PORTANT NOTICES.` 1.. The signature - below= constitutes -Conceptual, Approvals, r Add, t, oral, City approvals and permits: may be reqs fired to insure compliance with City codes., .._y 2. Be advised, that where- easements exist on your property, ;F landscaping and fencing are subject to conditions of the. easements. i 3.: Any additions or changes must be approved. by Committee. PLANS. i a PLANS DISAPPROVED: - PLANS _ APPROVEM.- PLANS i APPROVED SUBJECT TO THEFOLLOWING- CONDITIONS: i { : } : SIGNATURE . �t chi. dural. Committee: ttee for Tract 40'92 -Ry - Bl ems►®ad, 9.057 a �. nzzxtw,oat - r cF I Q r NOV 2 5 1986 0 T L i,13 r.1 -M .' _ 1 PROPRITt 008209 Mwq:- Jxox tssStasess:a sssasasssss: Nauss .92 Miramar- Rde , 10� ! 4�ta� li(619) 578-5760 I San D is o CA 92121 APr PLICATION Pot ARCHITECTURAL: C APPROVAL r or EMIXO u Oil ER NAME, Uaula,.-i OWNER 9`3 DR t c re ,k• .Vd LOT' i� a ADDRES30F . P ROJ. : ;Y G, �u WOULD LIKE= TO REQUEST' APP OPAL FOR THE FOLLOVING ROV TSH Y ype o -Improvement as per RtaoH*3 3rawing) RO° IMPROVEMENT CAR PROCEED ITSOQT' PRIOR VRITTZB APPROVAL; OF TEE ARCHITECTURAL, COMITTER OF ?Ht PROPERTT OVNUlR AFION*, TRIBI PERTAINS, TO STRUCTM=q, E,A1iDgCAPI=, wnIoR PAUT33G AM SOLAR EMATING, DZVICWjS A5 PER T� ATTACHED IRE?BDCC?IiiR` 8E8? Note: It is required that signatures be obtained from neighbors from each., side- and to the ream of the lot be Ing improved, ndi eating they are awarer of� the proposed: improvements..: The undersigned neighbors have been informed of, the planned. improvements: R Street Address Ap rove !b act OF IMPORTANT ROTICS; Additional. City approval, and permits may be required PleRoe see attnohad instruatioa sheet,. DATE f -JC - _;�l Bomeoiner gna ure s Plane:' Approved Disapproved DATE Signature, Artural-Committee Cha rman Cdnditionn for Approval . i2 1116 ITEM LH- 1 OOF I CERTIFIED MAIL. RETURN RECEIPT REQUESTED CITY` OF POWAY CITY CLERK'S OFFICE. City Clerk City of Poway 13325 Civic Center Drive Poway, California 92064 Re:. File No. 86-7'0 Dear Sir: Pursuant to a telephone conversation with Sharon Crockett, we.. understand that representation has. been made to the: City that the Merricks have received Architectural Review Committee (ARC) approval for a proposed building. This letter puts the City of Poway on notice that the ARC has. never received nor approved any building plans for the Merricks. The only approvals the Merricks received were for landscapeplans. 6920 Miramar Road, Suite 104;; San Diego, CA 92121/(619);'578-5760 AWAL BMcComk®. ® - CERTIFIED MAIL' RETURN RECEIPT REQUESTED, t November 20, 1986 David and Diana Merrick. 14040 Valley Springs Road: Poway,. California 92064 Re: Lot 73 Dear Mr. & Mrs. Merrick: During this past week, the Architectural Review Committee. (ARC) for Bridlewood Tract 40'92.-R has received numerous: inquiries:, from your neighborsabout the building you are proposing to build on. your, lot. Since the ARCS has no record of receiving any plans; or'speci- fications for any building,. this letter is written. to remind you of your obligation under the Dec.-1ar.aton of Restrictions for the. City of Poway, Tract 409,2-R, recorded. October 17`, 1985. Enclosed is a copy of the section that requires you to submit complete plans and, -specificaiton` 3 Sincerely', F J9es D. McMenamin, < President Architectural, Review Committee JDM/mas Enclosure ; cc City Clerk, City of Poway Alex McDonald,_ McDonald, Hecht & Solberg NOV: 2 5 198fi IT E N1 13 692G Miramar, Road, Suite -104s San: Diego, CA 92121/(6-19157&-5760' f parcel map of the Real Property and which is covered by this Declaration or-annexed hereto., t Section 4. •Mortgage" shall mean and referto a Deed of Trust as well as a mortgage encumberinga. Lot. •Section 5® ®Mortgagee* shall mean and refer to the bene ficiary' of: a Deed -of Trust as well as the mortgagee of a mortgage encumbering a Lot. Section 6* ®owner.* shall mean and refer to the record, own- ers, whether, one (1)or more persons or entities, of fee simple title to any Lot, Including contract sellers® but excluding those faaving, such interests merely as security for,the performance of. an obligation. Section 7, "Real Property" shall, mean and refer to that car- tain real property described in. Recital. A above ARTICLE 11 F ARCHITECTURAL CONTROL Section 1., Architectural. Committee. There shall be an ini- tial Architectural Committee consisting of three (3) persons, each appointed by Declarant. Until one (1) year following, the date- of the first close of escrow for the sale, by.-Declarant of a Lot inthe first phase of development_ of the Read property, each, member of the Architectural Committee shall be subject to removal, at the. direction of Declarant at ,any time and from to' a to time, and all vacancies on the Architectural Committee shall be filled by appointment of Declarant. Commencing one (1.) year following _ the date of the first close of escrow-of a Lot in-Phase 1` and. ending on the fifth (5th) anniversary of that date, or on the date ninety percent (90$)of the number of Lots within the. Real. Property have been sold (close of: escrow) by Declarant to retail purchasers thereof , whichever shall first occur#. Declarant shall, have the power, to appoint two (2) ,of the members of the Architectural Committee and the Owners of a majority of the Lots then.subject to the Declaration, excluding any Lots owned by Declarant, shall have the power to appoint one (1) member - thereof. Thereafter,. the. owners of a. majority of _the Lots sub- ject to the Declaration shall, have the power to appointL all of the members of the Architectural Committee, Section 2. Architectural Control. No building or other structure or landscape improvements- (including irrigation, plant materials: and hardscape) or other improvements, including; solar panels, shall be erected, placed or altered upon any Lot until the location and the complete plans and specifications thereof NOV 25 1986 ITEM 13 x { including, the color scheme} of each building, landscape improve went- rcloding irrigation system, plant materialsa hardscape, fence. and/or wall to be erected or planted upon.the Lot, have. { ` . been aPI� Loved in writing by the Architectural,Citeelpro- vided, however that in the event the Architectural Committee Bail: to approve or disapprove such locations plans and apecif i- catons or other request made of it, within sixty: (60) days after z the submission-- thereof to its then such approval will not be requredP provided that any building so to be erected conforms to all other conditions and restrictions herein contained and is in harmony with similar improvements erected within the Real property. The gradef level or drainage characteristics o a Lot or portion thereof shall not be altered without the prior written consent of the Architectural Committee. r The Architectural Committee Section 3® Declarant Exemption* shah.. have no authority, power: or jurisdiction over Lots ®wined by Declaran and neither the provisions of Section 2 above. nor. Article III below shall apply to Lots owned -by Declarant until such: time a Declarant conveys title to a Lot to the purchaser thereof and this exception shall thereupon terminate as to the Lot conveyed ARTICLE II' USE PROVISIONS Residential Purposes No Lot shall be used Section 1 _ sidential, ur ses, and no building or buildings except for re P Po shall be erected# constructed, altered or maintained on any Lo other than one (1) detached', single-family dwelling-, a private garage for not more. than three (3) cars and such customary out uildings as. are permitted from time to time by the ordinance s of the City of Poway, California. Anything contained herein to the contrary, r.-twithstanding, Declarant shall have the right to use Purposes - homes • and sales off ices until such any Lot for Purposes of Model _ gime as Declarant has conveyed all Lots in the Real Property to purchasers thereof, or until JuneL 30, 1992, whichever shall first i occur. Section 2. Newz Building, C�• No building of any kind shall be moved from any other place onto any Lot, or f roan one Lot to another Lot, without the pr orwritten consent of the Architec- tural Committee, except for temporary structures used in connec- tion with the construction of a buila'ing or improvement on a Lot. • The ground Section 3. Mme, um Floor Area Dwellings exclusive of floor area of the. main structure located on a Lot, e i �4_ N OV 2 5 1986 ITEM 13 NOVEMBER 24 1986 CITY OF POWAY CITY CLERK'S OFFICE Dear Diana and Dave, We feel bad, but we're still in shockover the details of your addition. We had absolutely no idea you were planning a building so large. Along with Ted and other neighbors behind you, we can not support construction. Obviously, we are the ones- most affected by this and our reasons for this change are as follows. Your building goes from the corner of our house to the bank in the middle of our yard. We would be totally boxed in by both. We would be looking at another 6 feet or so of roof and solar panels past the fence, possibly with windows looking directly over. A buildir of this size would. totally obstruct the feeling of openess that most of us moved to Bridlewood for. We. wanted to get away fromother buiadingrright along our fences. For this reason, we think that this building would greatly affect our property value. You're putting another "house" almost the size of our other neighbor's and just feet from our fence. Whenever we asked about the size, you were very vague. If we had had any notion of putting a 1400 sq. ft.- house along the entire end of our yard, we would never have agreed. You'll find that none of the other neighbors want to look at the roof of an additional structure, either. Your only alternative may be an addition attached to your home. We 'rev ere willbe a solution that we all can live with! Sincerely, Debby and Steve CC: OWAY CITY CLERK BRIDLEW00D ARCHETECTURAL COMMITTEE NOV 2 5 1986; ITEM 13 • r LI 1A1311 9861 g AON 1113McCo 11 C, C. November ° 24., 1986 Mr. and. Mrs. David Merrick 14040 Valley Springs Road. Poway, California' 92064 RE.CEIVE DEC 1 198b CITY OF POWAY CITY CLERK'S OFFICE Dear Mr. and Mrs. Merrick We are in receipt of your plans for a recreation/enter.tainment building on Lot 73 of Tract 4092 of the Americana Series at Bridlewood. These plans, as submitted, are =disapproved for the following reasons: 1. We have not received 'a site plan indicating setbacks from the property line, neighbors' residences, etc. 2 The exterior aesthetics of the proposed building.do not correspond with the architecture of the existing structure. It does not appear that any attention has. been given to exterior architectural. detail. We have not received an application for approvalwith.. the signatures of all of the neighbors', that will be visually effected by this structure. .The signatures on the request for landscaping approval that you submitted on August 19, 1986 do not fulfillthis criteria as homeowners did not have site or construction plans at the time they originally signed your application on which they could base an approval of this structure. Please let me know if you have any questions. Sincerely yours, ames D. McMenamin, President Architectural Review Committee JDM/lhh. 13:103 6920 Miramar Road, Suite 104, San: Diego, CA 92121/(619) 578-576.0