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Item 13 - MDR 86-70 David and Diane Merrick ��GENDA REPORT " - G��C WqY CITY OF POWAY � ITis report is ineluded an the Conssnt Calendar. There vi11 be no separate discusslon of tha �+'F ,�� „' .�x° report pzior io approval Dy the City Council unlass memcers of Ne Council, scaff or publie Cm' fl.� ME �� xequest it co be rmnvetl fzom t2�e Consent Glendar and discussad separately. If you wish to have this report pulled far disoussion, please f111 out n slip indicatinq Ne caport number and give it to the City Clerk prioz to thn beqinninq of the City Council xecing. ***************************************ie*************************** T0: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana� �J INITIATED BY: Reba W. Touw, Director of Planning Services � DATE: November 25 , 1986 SUBJECT: Minor Development Review 86-70 - David and Diane Merrick, Applicant: 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: 275-673-17 WOP 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• NOV25 i9g6 iTEM 13 loF1Q Agenda Report November 25, 1986 Page 2 BACRGROUND A. Project Description On April 23 , 1985, the Council directed Staff to bring to Council for review each application for a building permit for 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 a two-story Spanish style single-family residence as part of the Bridlewood Develop- ment (TTM 4092R) . The Architectural Review Committee of Bridlewood has approved the building ( see Attachment 5 ) . Staff is recommending the recordation of a deed restriction 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, billiard, play, entertainment, and pool storage rooms ( see Attachments 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-iamily residences similar to the pro- posed project. B. Development Facilities Development facilities to serve the building were installed during construction of the underlying subdivision. This appli- 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 pF lQ NOV 25 1986 ITEM �; Agenda Report ` November 25 , 1986 Page 3 D. 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 1@ NOV 25 1986 ITEM 13 RESOLUTION N0. P- A RESOLUTION OF THE CZTY COUNCIL , OF THE CITY OF POWAY, CALIFORNZA APPROVING MINOR DEVELOPMENT REVIEW 86-70 ASSESSOR' S PARCEL NUMBER 275-673-17 WOP WHEREAS, Minor Development Review 86-70 submitted by David and Diane Merrick, applicants, a request for approval to construct a 1, 365 square foot recreation-entertainment building. The property is located at 14040 Valley Springs Road in the Planned Residential Development zone. WHEREAS, on November 25 , 1986, the City Council held a hearing on the above-referenced item. 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 compliance 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 ) irom 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: 1. Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. NOVZ51986 ITEM 13 �, oF 1Q Resolution No. P- 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 facilities 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 facilities shall be recorded prior to building permit 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. Tarzy, Mavor ATTEST: Marjorie K. Wahlsten, City Clerk NOV 25 1986 ITEM �3 6oF lo •. ' / . : '� .� �� _ w.cw..n Ja w \J , ..ti -yn^r ,�. � ,. . � . C 'c , � ____ :` _ ' ,,; i;�soc�w� - =_-:�_-- _. — , •Uuroo1W MoJNO r.f. �'- . ..., . ..�� :�,�(=� � ., ;:; �,�. . � � ; :. �. ,; , � u�,i �.,-J' \ f7a_ � n s.� � c � .� , : a., , y �� N ^�? . ��,i'_ �`�.:\ J . . � .t. .. ' ' � Gi p �,�f ...a .n, - ..( ( ,� �� . �+ ..Y , c.,,_��. `1..� l / \d?' . �O. � �''r,\ ).' /� � 6 �,. �/ �i n6 i, 1 Q' ' ��6 •..�.. �� o� Q�' G -�Q .6k . �`/� ^. � �� .•. ' G��"`�'�':� _. , �.. '�, � ,. ., / ' ca..c �+ f 'l �� p� � � �� '� �� a .4' . •� ; . �/� `� \y : ,..., `'wnt' �".+ ��.`:�; 2.:; t� ,7� :'�'��,� _ � ,I a^� . . - � ��h� ' c..._.:-'�. �,py'�'Z"•�� 1 c'�' � .. '.. .... 6 �C C I �.'. .i�, x�qy��\v ��> (�� :�°� '�: ��,= �.=�' �40`� ��y sPW�� w�. ,,`..ir' fj y�� T Pf� fi ( ;'.�t,e?";�-�,�.`�`,' ." � . � L�sr �3 oF 7r1"I �l0 9ziz. v�. �..��'�`-�,- . �:r . , I � CITY OF POWAY ITEhi : M�� -�D s� TITLE : �—� SCALE : N�� ATTACHTSENT : Z boF1Q NOV25 1986 (TEM 13 � � , � , .m; „ � x ..,...1 • ;m • ". . ��.; _ . � � ! � .. ._L_ _ �� /��m�� ' . �w• �� ~� �� `:��[ . . . . q�sNl� r � ' � C ~ � 1� ��1� �_JL t f L � �..� 111011f 1lOI/fMLRM�OM •y.....� � —T ` � . � _ m ' � :��1 �� . . ' ' ' � . I1�M Ul1m 6lM1710M CITY OF POWAY ITEM : MDi�� 86-�D TITLE : E��✓��5 9CALE : N�� ATTACHMENT : -� NOV251986 ITEM �3 qoF 1Q .� �a•I I 4'•I I I I .� II . I �d.d i '-d U��• r e• y s•.7 v- x \` � ""A' r»�w. � WML Oa ry1LLWt0 Rmh r�eH � �O Ra"I �C� �,� J�RI � � . . f � M� , A �� A '� cauar.r 6'd k, � � YMCrI� V �w�� I RU.Lt�inJ/�MfiI.TM1MfMf NV/� _ O I�YM Wl � Q � Y C�I.Oryf(f � p�yi�ww�wW O CI /M/f/� Y�Y L 1 Y+Y 2Y 5-� ii�.�—T y+y 4W •� {I�.I� µ�,Q� S-4 iY•O ' !:� ' w..n,. L1=7 / CITY OF POWAY ITEM : �� g6 -7o TITLE : �� P�� . SCALE : N�N� ATTACHMENT : � BoFia NOV251986 ITEM i3 _:-� ` � �' ARCSITSCTORAL RBVIEii COMlIITPSS BRIDLBWOOD TRACT 4092-R M I N 0 T E S TO: Mr. i Mrs. Merrick Va ey prinqs �owav, CA 92064 FROM: Architeetural Committee, Hridlewood Tract 4092-R An Architectural Review Committee meeting was held on 9-23-86 to discuss the followinq: R8: Lot 73 File 53-86 IMPORTI�iT NO?ICSS: . 1. The siqnature below constitutes Conceptual Approval. Additional City approvals and permits may be required to insure compliance with City codes. 2. Be advised that where easemants exist on your property, landscapinq and fencing are subject to conditions of the easements. 3. Any additions or chanqes must be approved by Committee. PLAlIS SDBMI'1'P�: PLANS DIS71PP80V�: PLANS APPROV�: � �L- � ) PLANS APPROOED SQBJSCT TO T� FOLLOWING CODiDITZONS: SIGNATORB: C- !'!/(�O�r . chi ctural Committee for Tzact 4092-R, _ Bri ewood ��e I-1U�/� '�6 -.�p e 9. 057 �F�TL FT�t't PI�PIRFC� �TL..� ', cJ�n�rn�TT'E�i 9 �F 1 Q NOV 2 5 1986 I T t M j 3 ATr,�c_1-FM�I.T ' � _ � sem�.�;"'�o rwrur= ov�sa�s �aoc�{�=a �s��:sss's::ssssss:s'sssssaassssss�s:ssssas:ss�sssss�s=ses�619) 578-5760 ,,g20 Miramar Rd. , i104 ��f��1n�, �.,�Q,��d vr� San Diego, CA. 92121 a_� ,� �PPLIC�SIO/ !OR �1tCHI?EC?QA�1. COlY12?!Ei �PP�0��1. 01 Qli�IOS DlPIIO�O�?S OilNSR�e NAME Ii�Uic� 'i ,)�nnG-- ��(r � C� P8011S q��-190b ONNER'S IDDR 1 c r� r � •, �k� . LOT NO� — ADDRESS OF PAOJ ' �r . u � ; �"`'� � �.c . „ Z WOULD LIL�E TO REQUEST APP OV�L FOR T88 FOLLOYIliG IMPAOV8MEIIT(S) : ype o mprovemeat aa p�r a taoh� ra� a� NO II�80Y!!�? Cl/ PAOCBBD YI?H00? PBZOIt I/lISl� �lPt0��1. O! ?SB . �9CHIrSClQ�1. COlDlI!?EE Olr ?8E PllOP6�?! 00/i�'S I.gSOCLlIQr. lBIS . PB8?�Ii3 ?0 3?i0C?OYBS, L�1D3C�PI�G. Q?EpIO= P�TaG � 30LLR HS1?IaG DE�IC6s� 49 PEH THi �lZ�C�D I�S?a0C=IO� aB6i?. Note: It i� required that eigaaturss be obtaia�d from neigbbars from each aide and to the rear o! the lot beiag improved, indicating they are aware ot the propoaed Smpro�emeata. The underaigned aeighbora hsvo been informed ot the planned improvemeats: Name Street Addresa A,�prova OE ect � � � ! �, �, ,� •. �v� l vo��/ l/a,P c/ „ < �C c�„ � r �.� ' �. i t � ! -,• _�_ I!lPOBTV? 102ZCS: Additional City aDProval and permita may be required. � Ple�e aes attached inatruotioa ahset. D�TE �-I� -�'l=� r , � ir - i � : Homeowner a gaa ure a Plana: Approved Diaapproved DA?E gnaturs� lrch teotura omm ttoo Cha rman Conditions for Approval LH-1 :12 � 1986 ITEM 1� looFia . ��iY � � �'n _.��r_��IR . � . __17►�T�— _`� 1 �"�nCM; .7 Ir i � � ,h R B McComic,Inc. RCCEIVED , CERTIFIED MAIL NOVZ4 198G RETURN RECEIPT REQUESTED CITY OF POWAY CITY CLERf(�g Q�F!�` November 20 , 1986 City Clerk City of Poway 13325 Civic Center Drive Poway, California 92064 Re: File No. 86-70 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 Architectu-ral 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 landscape plans . Sincerely, , .-. � � D�lene G. Fishman DGF/mas Enclosure ._. �'C'.� ��)��'+-��G�--n-i-ic,:�cl �/ �� NOV z5 1986 ITEM 13 6920 Miramar Road, Suite 104, San Diego, CA 92121/(619)578-5760 R B McComic,Inc. CERTIFIED MAIL RETURN RECEIPT RE UESTED 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 4092-R has received numerous inquiries from your neighbors about the buildinq you are proposing to build on your lot. Since the ARC 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 Declaration of Restrictions for the City of Poway, Tract 4092-R, recorded October 17 , 1985 . Enclosed is a copy of the section that requires you to submit complete plans and specificaitons . Sincerely, ��Q� � v�. J es D. McMenamin, President Architectural Review Committee JDM/mas Enclosure cc: City Clerk, City of Poway Alex McDonald, McDonald, Hecht & Solberg ; NOV251986 ITEM 13 6920 Miramar Road, Suite 704, San Dieqo, CA 92121/(6791 578-57Fi0 .�'� ' � � ��. parcel map of the Real Psoperty and which is covered by this Declaration or annexed AereLO. Section 4. •Mortgage" shall mean and refer to a Deed of Truat as vrell as a mortgage encwobering a Lot. Section 5. •Mortgagee• shall mean and refer to the bene- ficiary of a Deed of Truat as well as the mortgagee of a mortgage cncumbering a Lot. Section 6. 'Owner• shall mean and refer to the record own- ers, whether one (1) or more persons or entitiee, of fee simple title to any Lot, including contract aellers, but excluding those fiaving such interests merely as security for the perfotmance of an obligation. Section 7. "Real Property' shall mean and refer to that cer- tain real property described in Recital A above. ARTICLE II ARCHITECTURAL CONTROL Section 1. Architectural Committee. There shall be an ini- tial Architectural Committee cons eting 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 in the first phase of development of the Real Property, each member of the Architectural Committee shall be subject to removal at Lhe direction of Declarant at any time and fzom time to time, and all vacancies on the Architectural Committee shall be filled by apgointment 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 (908) of" the numbec of Lots within the Real property have been sold (close of eacrow) by Declarant to retail purchasers thereof, whichever shall first xcur, Declarant shall have the power to appoint tvo (2) of the members of the Architectural Committee and the Okners 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 Ovners of a majority of the Lots sub- ject to the Declaration shall have the power to appoint all of the members of the Acchitectural Committee. Section 2. Architectural Control. No bu9lding9 r othe=lant structure or landscape improvements (includin irri ation, p 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 -3- NOV 25 1986 ITEM 13 . .' . ' � �� ` _ ..' � (including the colos scheme) of each building, landscape improve- ment, including irrigation system, plant naterials, hardscape, fence and/or Mail to be erected or planted upon the Lot, have videdaphoweverinthattin9the eve t�thetl►rchitectural�Ceommittee fails to approve or disapprove such lxation, plans and specifi- lheisubmisaionether ofsto ite thentsuchhapproval vill no Sbefter required, 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 grade, level or drainage characteriatics of a Lot or portion thereof shall not be altered without the prior written consent of the Architectural Committee. Section 3. Declarant Exem tion. The Azch3tectuxal Committee shall have no authority, power or uris8iction over Lots owned by Declarant, and neither the provisions of Section 2 above nor suchctimelasbDeclaranticonveysttitle$towaeLotytoetherpurchaser thereof and this exception shall thereupon terminate as to the Lot conveyed. ARTICLE III USE PROVISIONS Section 1. Residential Purposes Only. No Lot shall be used except for residential purposes, and no building or buildings shall be erected, constructed, altered or maintained on any Lot other than one (1) detached, single-family dwelling, a private garage for not more than three (3) cars and such customary out- buildings as are permitted from time to time by the ordinances of the City of Poway, California. l,nything contained herein to the contrary notwithstanding, Declarant shall have the right to use any Lot for purposes of model homes and sales offices until such i time as Declarant has conveyed all Lots in the Real Property to purchasecs thereof, or until June 30, 1992, whichever shall first occur. Section 2. New Buildin9 Only. No building of any kind shall � be moved from any other place onto any Lot, or from one Lot to another Lot, without the priot written consent of the Architec- tural Committee, except for temporary structures used in connec- tion with the construction of a building or improvement on a i Lot. Section 3. Minimum Floor Area of Dwellings. The ground j floor area of the main structure located on a Lot, exclusive of I � -4- I ' NOV 25 1986 ITEM 13 � RECEIVED !V O V 2 4 1986 NOVEMBER 24, '1�386 CITYOFPOWAY ' CITY CLERK'S OFF1C� Dear Diana and Dave , PJe feel bad, but we ' re still in shock over the details of your add�,tion. 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 oanels 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 from other buildin� right 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 1�00 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 . 'nle ' r��Fiere will be a solution that we all can live with! Sincerely, � �,%� � SIvANSON � Debby and Steve ., CC : OIJAY CITY C� ERK BRIDLE�d00D ARCHETE.CTURAL COMMITTEE NOV 25 1986 ITEM 13 � ,.�. : :..�-nrdb�51 �' � f �� i t�' CJ ,� (1 -1`— � � .. . . . �� r�� ]t� � � � t��"" �� ' � � ��. � � . � . � � � r ...�� E �� i� � '7 C�S1 -�*' �. � :.:..'t� . "•.�..�, r • � �.� � .. . � � 5 - � � � - �'-`��`�� ,.� „� �� r��: . . . r, ' � . C Q l� � ^' ' �"!j - (v , e `_ `�� f-�� i� �.r ri.� C� ' r o � 1 ' i ; t �, �� ( � �. i- �� ' . _ ��. . , � � �� - �-�..., ��r ` � � , ' (�� ;� �'"� l°., , .� { � �, % � i l� � ir ;.� ; / � ,%' ' ��- " �n> > �� . _ � ' �y �f � m �II'J �� . � �_� �' �F ��,� �r � .�� ° ' � �I J 5 I �I � � �I �Y. G � � f� ' �� i�l . � � ^ �� q I �, � / [ �'I � nl � �� ` - �c� �� 511I� Il I � � . � ao� 1 :: \ � , ��. .�-.�� ; �\ � %� '�. �� ,��, ' �-�,' �u�a"��A',.�i� ��.. �� . 4 t��j . . �'l� . TO ;:J . '�g �' �/' � �l �' � \ : 1 !n � y a 4e 1 l` J�� `�� , �y � . . . (� , : �\u r�` ��-.�. , 4�,J'�r\ °S� `� / � � � ° � � � 1` � \ �� . ,� i� %! / ... , � r�: ' ' ' °� ; ? , . � �" � � r�' � �� j�� ,��!--�'�..// ' -� � v� w.��.'*��`�.�,��tsw� •, ,� ' ;' a �� ,��j � �� . , � �' �� 4,�' � � ` � �„� / � c� �l� ' ,.' /'�� %� / {�'� � j` / ,,� � , �� ? � ;J . .�b3 � [ � ' (�✓) '� )� �� x, Z � Y %� I i O �,, .. y . z �+:.�^. � ..- F �� ..a`,'� /� ` _�� ,� - c :.... � ,� ,� �,1 c_1 � � �� r;s `� '"' /f� L, '+� NOVZS 1986 ITEM 13 '<� r �� ,, �N`+rz`<�"�X,T'�+-'-^ .'�.Y. :i^''�K�eNy i -y �, . � � I^�' ��_.. ' v �/ 1 � � � ! RB McComic,Inc. � RECEIVED �. November 24 , 1986 DEC 1 1986 ar• eF Pow�,�v CITY CLERK'S �:FICF ,� Mr, and Mrs. David Merrick 14040 Valley Springs Road Poway, California 92064 Dear Mr, and Mrs . Merrick: We are in receipt of your plans for a recreation/entertainment 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. 3 . We have not received an application for approval with the signabures 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 , 1966 do not fulfill this 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, � �� ` . /� //:i�-a�n,v,-�� K� ames D. McMenamin, President �Architectural Review Committee JDM/lhh 13:103 I I � 6920 Miramar Road, Suite 104, San Diego, CA 92121/(619) 578-5760