Item 4 - DR 94-07 VAR 94-13 Shea Homes CITY OF POWAY
TO: Honorable Mayor and Members off_the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager
Reba Wright-Quastler, Director of Planing Services F_.tL-~{~
DATE: January 17, 1995
SUBJECT: Development Review 94-07 and Variance 94-13, Shea Homes
Applicant
REVISED INFORMATION
Representatives and Shea Homes and City Staff met with residents in the area
surrounding this proposed development on Thursday evening, January 12, 1995 to
discuss issues raised during the public hearing on January 3, 1995. The
following is a summary of issues discussed at that meeting.
Two-story homes adjacent to residences on Montauk Street. Shea worked with
adjacent residents to reorient the house on Lot 15 so that it impacts them less.
Lot 8 could be changed to a single-story plan, however, this would result in the
rear wall of the house being 15' closer to adjacent residences. Shea will meet
with adjacent residents to determine their preference on this matter.
Some of the residents along Montauk have expressed a desire to have a block wall
rather than a wood fence along the eastern perimeter of the project. Shea has
agreed to construct the wall, as requested.
Park. Residents at the meeting expressed a desire to retain the park in the
project and understand that the mini-park standard does not call for restrooms
or parking at the park. In response to the concern that small children will run
out into Pomerado Road from the park, Shea proposes to install a self-closing
gate in the wrought-iron fence. The consensus of the neighbors was that this
would be satisfactory, particularly since the gate could be locked in the future
if there proved to be a problem.
HeiQht of wall alonq Pomerado Road. A resident from across Pomerado Road
expressed a desire at the January 3 meeting that the perimeter wall for the
project be at least 80" high. The sound study has indicated that the wall will
need to be 8' high so this desire will be met.
ACTION:
lof4
JAN 1 ? 1995
Agenda Report
- January 17, 1995
Page 2
On-site parking: Concern was expressed at the January 3 meeting that on-site
parking would be inadequate. At the January 12 meeting it was explained to
neighbors that the houses each have a 2-car garage with adequate space to park
at least two cars on each driveway. In addition, streets are full public
standard. The project does not provide the number of yards with 15' sideyard
setbacks to allow RV parking; however, the consensus of the neighbors was that
this was acceptable because it is consistent with what exists in surrounding
areas:-'
Variances requested: The issue of the number of variances requested was raised
by one individual at the January 3 hearing. Maps showing the location and nature
of the requested variances were posted at the neighborhood meeting which was held
on Thursday, January 12. No questions were raised during that meeting regarding
variances. The variances requested are as follows:
Lot 3: The southwest corner of the house projects 2.5' into the required
rearyard setback. The encroachment reduces to nearly zero at the
southeast corner. The setback area where the encroachment occurs faces
Metate.
Lot 6: The southwest corner of the house projects 7.5' into the required
rearyard setback. The encroachment reduces to zero at the southeast
corner. The setback area where the encroachment occurs faces Metate.
This lot has an unusually large side yard.
Lot 27: This house projects 6.5 feet into the required rearyard over one-
half of its width. The eastern half of the house observes the required
20' setback. The rear of this house faces the creek.
Lot 46: The southeast corner of this structure encroaches 0.6' into the
required rearyard which is adjacent to the rearyard of another house
within the development. At the southwest corner of the house the setback
exceed requirements by 2'.
Lot 49: The street sideyard setback along Metate varies from 5' to 9.3'
where 10' is required.
Lot 50: This house projects 1.2' into the required rearyard over 30' of
its width. The remaining 10' maintains the required 20' setback. In
addition, this house has a 22.9 foot sideyard. The substandard rearyard
faces another house within this subdivision.
Lot 51: This house has a setback which varies from 17.5' to 18.1' along a
rear property line which abuts two other houses within the project. The
side yard is 20' at the rear of the building.
Lot 56: This house maintains a 7.3' street sideyard setback over its 22'
width along the ± 89' property line facing an interior street in the
project.
JAN 1 ? 1995 ITEM
2of4
Agenda Report
- January 17, ]995
Page 3
Lot 53: The northwest corner of the house projects 0.8' into the required
street sideyard setback. The building meets setback requirements at the
northeast corner. The substandard setback is adjacent to an interior
street.
Lot 58: The support post for the porch encroaches 0.6 ' into the required
street side-yard setback along an interior street. The remainder of the
structure meets setback requirements.
Performance bond: One individual has requested that the developer be required
to post a long-term bond of at least ]5% of the gross value of the proposed
project (over and above normal construction bonds). Such bonds are not required
by law and it is not the practice of Poway, or of most cities in California, to
require such bonds.
Notice: The issue of whether there was proper notice for this project has been
raised. On June 7, ]994, notice was sent to 139 property owners concerning the
tentative map hearing; two of these were returned as undeliverable. Notice was
sent to 125 property owners on December 20, 1994 for the Development Review
hearing; four of these have been returned as undeliverable.
RECOMMENDATION
It is recommended that the City Council find that the previously certified Final
£IR for the Seniors Village adequately addresses the potential environmental
impacts of the proposed development and approve Development Review 94-07 and
Variance 94-13, subject to the conditions contained in the attached revised
proposed resolution.
JLB:RWQ
3 of 4 JAN 1 ? 1995 ITEM
- R~olution No. P-
F ~e 3
SITE DEVELOPHENT
]. 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 CC&R's shall prohibit the storage of recreational vehicles in the
required front yard setback.
5. Mail boxes shall be installed according to a plan which is acceptable to
both the Post Office and the Director of Planning Services.
6. The developer shall integrate an appropriate variety of approved roof
materials and colors into the design of the residential development in a
manner which is both complementary with surrounding development.
7. The applicant shall comply with the latest adopted 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.
8. For each new residential dwelling unit, the applicant shall pay Permit,
Plan Check and Inspection Fees, School Fees, and Affordable Housing In-
Lieu Fee, at the established rate (in accordance with City-adopted policy
and/or ordinance).
9. Street names shall be approved by the Planning Services Department prior
to the recordation of the final map, and street addresses shall be
provided prior to the issuance of building permits.
10. A ~i~ii~i~ pedestrian pass-through and double gate shall be installed
at'~h'6"F~f6'6asement adjacent to Pomerado Road.
11. Masonry walls shall be installed along the west side of Lot 36 and the
north side of Lot 38 to provide adequate buffering from the park. A line
of vines shall be installed along the outside walls to screen them from
view from within the park.
13. Park playground equipment shall meet ADA requirements. Park construction
shall be completed prior to final occupancy of the first home.
14. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
4 of 4 JAN 1 ~ 1995 ~!:~ ~
AGENDA Iin[ORT SUMM -
~. Honorable Mayor and Members of the City Council ~
FROM: Oames k. Bowersox, City Man~ ~
INITIATED BY: John O. Fitch, Assistan~ City ~anager~ ~ ~eba Wright-Quastler, D~raeto~ of Plan ing Services
DATE: January 3, 1995
SUBJECT: Development Review 94-07 and Variance 94-13, Shea Homes Applicant
ABSTRACT
A request to approve the design and placement of 62 single-family homes on the 9.92 net
acre site located at the northeast corner of Metate Lane and Pomerado Road, in the RS-7
zone.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (State Clearinghouse #890100) was certified by the Poway
City Council on June 26, 1990.
FISCAL IMPACT
The subject property is located within the Redevelopment Area. The increase in property
tax receipts will equal 1% of the sales price of the home less the previous assessed land
value prior to development.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
'ublic notice was published in the Poway News Chieftain and mailed to 125 property owners
within 500 feet of the project.
1ECOMMENDATION
It is recommended that the City Council find that the previously certified Final EIR for
the Seniors Village adequately addresses the potential environmental impacts of the
proposed development and approve Oevelopment Review 94-07 and Variance 94-13, subject to
the conditions contained in the attached proposed resolution.
ACTION ~~nuary. 17, 1995 to allow developer to meet with neighbors.
Marie Lofton, ~Y Clerk
JAN1?1995 ~i:M ~4
1 of 21 JAN 3 1995 )'F~_M 11 ~
AGENDA REPORT
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
.naer(~¥
INITIATED BY: John D. Fitch, Assistant City ma g
Reba Wright-Quastler, Director of Planning Servicesi2~-~
Marijo Van Dyke, Associate Planner
DATE: January 3, 1995
MANDATORY
ACTION DATE: January 17, 1995
SUBJECT: Development Review 94-07 and Variance 94-13, Shea Homes,
Applicant: A request to approve the design and placement of 62
single-family homes on the 9.92 net acre site located at the
northeast corner of Metate Lane and Pomerado Road, in the RS-7
zone.
APN: 317-211-02,04
BACKGROUND
On June 21, 1994, the City Council approved the subdivision of the subject
property into 62 single-family lots and an approximately one-half acre
neighborhood pocket park. The site is relatively level, sloping gently to the
northwest. A considerable amount of clean fill dirt will be required to be
placed in order to bring the buildable portion of the property out of the 100
Year Floodplain. The remainder of this property is located within the boundaries
of Poway Creek, and will be revegetated following the grading operation in the
appropriate riparian habitats.
FINDINGS
The new subdivision, which has been named Poway Oaks, contains 62 residential
lots and a small park created under Tentative Tract Map 94-02. The lots each
exceed the minimum size for the RS-7 zone. Sixteen lots exceed the previous
minimum lot size for that zone of 6,000 square feet, while fourteen are at the
minimum lot size of 4,500 square feet.
The homes will range in size from 1,680 square feet to 2,050 square feet for the
largest of the three models. Each of the models will be offered in four
ACTION:
See Summary Sheet
2 of 21 JAN 3 1995 11
Agenda Report
January 3, 1995
_ Page 2
elevations and color packages. A gray and dar~ brown flat concrete roof bile
will be offered, as well as two colors of low profile "s" tile. Trims will vary
from beige with brown accents, a warm gray with cream and darker gray accent, a
golden tan with pale tan and olive green accent, and a mauve and gray trim
combination. All models contain one of the four types of brick trim.
Each model and elevation will be built with a front porch. Each of the two-story
models offers an optional second-story deck off the master bedroom. The single-
story model (Plan 1) contains a den at the front of the house, which projects in
front of the garage. Together, this room and the porch bring the house farther
forward on the lot, adding more interest to the street scape. The placement of
Plan 1 on Lot 49 will require approval of street side setback variance due to the
size of the single-story footprint on a lot where the width tapers toward the
back.
Front yard landscaping and yard fencing will be provided with the project. The
mix of plant materials proposed for use are all of drought tolerant variety, but
are common landscape specimens, which are successful in Poway, and are relatively
low in maintenance.
Staff has explored the "affordability" issue with this project and has
ascertained that some of each plan will likely be priced within the means of
moderate income households, at the sales prices currently anticipated projected
by the builder.
Lots 3, 6, 27, 46, 50 and 51 will require rear yard setback variances from the
20 feet ranging from .6 feet to 7.5 feet. Lots 53,56 and 58 will require street
sideyard setback variances from .6 feet to 2.7 feet from the normal ten (10) foot
setback. Staff further recommends that a variance be granted from the zoning code
requirement to provide wide sideyards on 25% for purpose of R.V. storage. Given
the average width of the lots at approximately 55 feet, the requirement would be
very difficult to satisfy.
A twelve-foot-wide graded pathway will be created at the top the channel bank to
provide access for creek maintenance. Two access ramps will also be installed,
one extending north from the storm drain easement on Lot 37, and another
extending northward toward the channel adjacent to Lot 15 and the subdivision's
eastern boundary.
The preliminary landscape plan for the pocket park includes a tot-play area and
equipment meeting ADA requirements, concrete sidewalk leading from the cul-de-
sac, past the play area to the half-court basketball court, and turf play area.
A gated paved emergency services easement is provided along the south side of the
park lot. A line of shrubbery will be placed along the fence line adjoining Lots
36 and 38 to help soften the effect of the park location next to each.
No restroom facilities or on-site parking are provided with the park. In order
to assure visibility to the Sheriff's Department, the fencing along the Pomerado
Road frontage of the park will be wrought iron. A pedestrian pass through will
be included to permit residents easy foot and bicycle access to Pomerado Road
- while preventing unwanted vehicular traffic from entering the neighborhood.
JAN1?1995 ITEM 4
JAN 3 1995 I~E~ 11
3 of 21
Agenda Report
January 3, 1995
Page 3
An acoustical study will be conducted to determine the size and placemenb of
sound attenuation walls at the perimeters of the project. Staff estimates that
the walls will vary in height from five to six feet in most locations. The name
of the project will be impressed on the wall returns at the entry of the project
off Metate Lane.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (State Clearinghouse #890100) was certified by the
Poway City Council on June 26, 1990. Achannel restoration plan was subsequently
submitted to the State and Federal regulatory agencies who have jurisdiction over
waterways and their adjoining areas. Channel revegetation will be accomplished
with a permit issued by the California Department of Fish and Game and the U.S.
Army Corps of Engineers. Restoration work will consist of the construction of
a wetland area along the south creek bank and within a portion of the southern
channel area, to include a host of native species or plants.
Staff recommends that the Council find that the provisions of the EIR address the
environmental concerns relating to the current project, and that no further
project-specific environmental review is required at the development review since
it the logical conclusion of the previously approved subdivision map.
FISCAL IMPACT
The subject property is located within the Redevelopment Area. The increase in
property tax receipts will equal 1% of the sales price of the home less the
previous assessed land value prior to development. The increased tax increment
will be retained for use by the City of Poway.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 125
property owners within 500 feet of the project.
RECOMMENDATION
It is recommended that the City Council find that the previously certified Final
EIR for the Seniors Village adequately addresses the potential environmental
impacts of the proposed development and approve Development Review g4-07 and
Variance 94-13, subject to the conditions contained in the attached proposed
resolution,
JLB:RWQ:MVD:kls
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Site Plan
D. Building Elevations
E. Floor Plans
F. Mini~ Park Concept ~1~
G. J. uiaz ~etter, ~-J-~
e:\city\planning\report\dr9407.agn JAN 1 ? 1995 ~i=~ 4
JAN 3 1995 I~E~ 11
4 of 21
RESOLUTION NO. P-
A RESOLUTION OF THE CITY. COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 94-07 AND VARIANCE 94-13
ASSESSOR'S PARCEL NUMBER 312-211-02,04
WHEREAS, Development Review 94-07 and Variance 94-13, submitted by Shea
Homes, applicant, requests approval of the development review to allow the
construction of 62 single-family homes, ten of which will require the granting
of variances from required setbacks, and none of which can provide for R.V.
storage. The 62 homes will be constructed on lots created by Tentative Tract Map
94-02, on the property located at the northeast corner of Metate Lane and
Pomerado Road; and
WHEREAS, on January 3, 1995, 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 the previously certified EIR of June 26, 1990
adequately addresses the concerns of this project.
Section 2: Findinqs:
Variance 94-07
1. The approved project is consistent with the general plan in that it.
proposed construction of single-family homes in an area designated
for residential use.
2. That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, because building square footages, rooflines, materials,
and building materials are compatible with nearby developments.
3. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City, because it is
similar to and complements other residential development in the
vicinity.
4. That the approved project is in compliance with the Zoning
Ordinance, except with regard to minimum building setbacks on ten
lots for which a variance is sought. In all other respects the homes
meet the development standards of the underlying zoning.
Variance 94-13
1. The approved project is consistent with the general plan as
previously discussed.
JAN 1 7 1995 rl'i::~l 4
5 of 21 JAN 3 1995 I'~'F_.M 11
Resolution No. P-
Page 2
2. That there are special circumstances applicable to ten of 'the
subject lots, and because of this, the strict application of the
Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
In order to achieve an acceptable mix of residential units, ten of
the models are placed on lots which lack either adequate width or
depth to enable them to observe all required setbacks. Further, all
of the lots are narrow, and do not provide an opportunity for R.V.
storage within the side yards.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought. The variance will permit the construction of
homes which are of an acceptable size to the surrounding
neighborhood so that assurance of the maintenance of property values
can be made.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located, in that Metate Lane will be
widened. Drainage and flood control improvements will be constructed
by the building of this project which will benefit the surrounding
neighborhood.
5. That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the design of these homes is
consistent with the features and quality of the newest homes
constructed in Poway's most recent tract development.
6. That the granting ~f this variance does not allow a use or activity
which is not otherwise expressly authorized by zoning development
regulations governing the parcel or property.
Section 3: City Council Decision:
The City Council hereby approves Development Review 94-07 and Variance 94-
13, subject to the following conditions:
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.
COMPLIANCE WITN THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
JANl?1995 ~i=M ~
JAN 8 199S |iF.)1
6 of 21
Resolution No. P-
- Page 3
~ITE 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 CC&R's shall prohibit the storage of recreational vehicles in the
required front yard setback.
5. Mail boxes shall be installed according to a plan which is acceptable to
both the Post Office and the Director of Planning Services.
6. The developer' shall integrate an appropriate variety of approved roof
materials and colors into the design of the residential development in a
manner which is both complementary with surrounding development.
7. The applicant shall comply with the latest adopted 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.
8. For each new residential dwelling unit, the applicant shall pay Permit,
Plan Check and Inspection Fees, School Fees, and Affordable Housing In-
Lieu Fee, at the established rate (in accordance with City-adopted policy
and/or ordinance).
9. Street names shall be approved by the Planning Services Department prior
to the recordation of the final map, and street addresses shall be
provided prior to the issuance of building permits.
10. A pedestrian pass-through and double gate shall be installed at the Fire
easement adjacent to Pomerado Road.
11. Masonry walls shall be installed along the west side of Lot 36 and the
north side of Lot 38 to provide adequate buffering from the park. A line
of vines shall be installed along the outside walls to screen them from
view from within the park.
12. Park playground equipment shall meet ADA requirements. Park construction
shall be completed prior to final occupancy of the first home.
13. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
7 of 21
Resolution No. P-
Page 4
LANDSCAPE INPROVENENTS
1. Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
3. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
4. Parkway areas'adjacent to Pomerado Road and Metate Lane shall be planted
and irrigated in accordance with the requirements outlined in #1 above.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REQUIRED
1. The developer shall display a current Zoning and Land Use Map, or suitable
alternative, in the sales office at all times, to the satisfaction of the
Director of Planning Services.
2. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
3. The developer shall provide a noise display board in the sales office to
the satisfaction of the Director of Planning Services. The display shall
include the site plan and noise study information.
4. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's Noise Ordinance will
be met.
5. At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
Tests to be conducted by a recognized acoustical expert. No occupancy
permits shall be granted until this test is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission Control"
JAN 17 1995 ITel'VI ~
JAN 8 1995 ~T~-~ 11
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Resolution No. P-
Page 5
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL' BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
All engineering related conditions of approval for Tentative Tract Map 94-02
contained in Resolution P-94-31 remain in effect. There are no additional
Development Review conditions.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof coverings shall be fire retardant as per UBC Section 3203{e) and 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. Address may
be required at private driveway entrances.
3. Emergency access from "C" Street to Pomerado Road shall be paved and gated
at each end. Appropriate "No Parking Fire Lane" street markings and signs
shall be installed. The gates shall be 20 feet in width.
GENERAL REQUIREMENTS AND APPROVALS
All conditions of approval for Tentative Tract Map 94-02 contained in Resolution
P-94-31 shall be completed.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of January, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
JAN 1 ? 1995 I' EM 4
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CITY OF POWAY ~TEM:
TITLE : ZONrNG
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-- TESTIMONY PRESENTED BEFORE THE POWAY CITY COUNCIL
IN OPPOSITION TO:
Staff recommendation to approve development Review
94-07 and Variance 94-13, Shea Homes, Applicant.
PRESENTED AT A PUBLIC HEARING
BY:
Joseph D.K. Diaz, Jr.
12820 Montauk Street
Poway, California
January 3, 1995
Poway, San Diego County California
EXHIBIT G
JAN 1 ? 1995 I'J'~,l~ A-
19 of 21 /~ 7--~-~-- ~//
Good evening. My e is Joe Diaz, and my fa · and I have
resided in Poway, ~alifornia at 12820 Montauk ~or nearly two
decades.
Tonight, I am here to briefly address the latest attempt to
once again, go forth with a proposed project which will sig-
nificantly change in an adverse way, the quality and character
of our community. Several attempts have'been made in the past -
to sell, plow, fill, cut, negotiate and build in one of the
last truly open residentially surrounded open spaces in South
Poway.
Tonight, I join with my neighbors to once again voice my
opposition to the latest proposed project. We oppose the staff
recommendation for approval for the following reasons:
1. Staff has failed to recommend that a Trust Account or Bond,
of at least 15% of total gross value of the proposed Project
be established by the Applicant in the event all conditions,
wiavers, permits and variances which are being endorsed,
are not met, completed, faulty, prone to accident, natural
or man-made, as a result of the activity set forth by the
Project, and for any accidental direct or in-direct problem
caused to the immediate and surrounding community and resi-
dential properties as a result therein.
2. We are opposed to the Project in that a "considerable amount"
of till dirt will be required to be placed in order to bring
the buildable portion of the property out of the 100 Year
Floodplain. The intensity of the dust and it's direct impact
on the health of many seniors living in the area and children
who attend the three nearest schools will be significant.
In reference to attempting to reducing the natural floodplain
many of us still remember the disaster caused by the last
major downpour and flooding and the City's inability to
cope with even that event.
3. We are opposed to the Project in that when the prior Ap-
plicant achieved approval for the Pomerado Senior village,
staff simply converted the approved EIR for that project
to the currently proposed. Two different and significantly
focused and directed projects.
4. We are opposed to the recommendation to approve the Project
based on a number of requests for variances, which include
but are not limited to the following issues:
a. Zoning codes variances and waivers:
b. No restrooms in a recreational area:
c. Insufficient off-street parking for proposed residents:
d. Significant traffic problems presently in the area and
the proposal to widen Metate:
c. Allowing ten of the lots to fall significantly below
zoning requirements:
d. Staff has "explored the affordability issue" yet, the
market in the last 24 months would argue differently.
20 of 21 ,JAN 1 ? 1995
-- 5. We are opposed to Variance Request 94-07 because,
1. we do not believe the project is consistent with the
General Plan;
2. The proposed project will have an adverse aesthetic,
health, safety, or architecturally related impact ad-
joining properties, because building square footages,
rooflines, materials, and building materials are not
compatible with nearby developments;
3. The proposed project does not encourage the orderly
and harmonious appearance of structures and property
within the community and does not complement other
residenttial development in the vicinity;
4. The proposed project is not in compliance with all
Zoning Ordinances;
5. Current traffic conditions and proposed changes will
create significant safety risks;
6. We are opposed to Variance Request 94-13 because,
1. The project is not consistent with the general plan;
2. There are a number of serious circumstances applicable
to at least ten of the lots and granting variances will
be carrying out of unfair public policy to previous other
denied requests for like variance activity;
3. The granting of this variance constitues a special pri-
vilege to the Applicant not consistent with the limita-
tions placed upon other existing properties.
We conclude that to maintain the best use of the current site
as a open space surrounded by residential sites many in the
area for nearly four decades, reflects the best safe, fair,
effective, orderly and legal use of this site. Allowing for
the significant number of variances requested by Applicant,
clearly indicates an inappropriate Project with significant
negative and long lasting safety, traffic and quality of life
issues which niether the Applicant nor Staff has effectively
addressed. Thank you.
21 of 21 JANl?1995 ITEM
A.orn.y.,,-w RECEIVED
3737 Camino del Rio South, Sle. 400
SanDiego, CAB2108-4010 JAN 1 3 1995
- Tel. (619) 280-3332 ext. 145 / FAX (619) 497-5566
CiTY OF POWAY
CITY MANAGERS OFFICE
January 12, 1995 "~--
The Honorable Mayor
Don Higginson
Mayor of Poway
Council
Susan Calery
Bob Emery
Mickey Cafagna
Betty Rexford
Dear Members and Mayor of the City of Poway:
I represent Mr. Joseph Diaz, a resident of Poway who, along with nearly 150 immediate
_ neighbors will be significantly impacted by the Proposed Development Review 94-07 and
Variances 94-13, Shea Homes Applicant.
At the January 3, 1995 Council meeting held to review the design and placement of the 62
single-family homes, you heard extensive testimony in opposition to the proposed Project, it's
density, traffic and safety concerns, and a number of other significant problems related to the
site.
At the meeting, and quoted in news accounts of the meeting, the Council is quoted as stating that
"the issue is a done deal" and that the time to have appealed the matter was at the June meeting
when the final request for the density of the Project was discussed and final approval granted.
It was further stated that public notices were mailed to the required residents who would be
impacted by the Project. Further, it is my understanding that representatives of Shea Homes
indicated that extensive community meetings were held to discuss and review the proposal before
coming to the City of Poway for approval.
We have obtained copies of the mailing records, labels, meeting notices, etc. from the City
Clerk's Office regarding all meetings related to the proposed Project, including the crucial
meeting at which the decision was made to approve the significant density of the units on the
site. We have done so in view of the fact that after individual contact of at least 75 of the
residents by my client, prior to the Januaq, 3, 1995 Council meeting, we have discovered that
one of the reasons only one (1) resident actually showed up at the crucial June heating was that
only four residents actually received the notice to that session.
JAN 1 7 1995 ITEM
Mayor and Council
- January 12, 1995
Page Two
Additionally, in contacting the residents for the January 3, 1995 Council meeting, my client also
discovered that only five residents knew about the meeting and the rest indicated that they had
not received any type of communication from the City of Poway.
Due to the significant discrepancy which includes but is not limited to the number of residents
you saw:?aS~ tually attending the January 3, 1995 meeting only after being alerted by my client;
and due to the fact that nearly all of the residents have indicated that they had not received
notification to several of the key public hearings, and due to the fact that my client and the
majority of the impacted residents have never been contacted by Shea Homes representatives,
then or now, we are requesting that the City of Poway provide us with a Proof of Mailing
Service specifically confirming that residents received notification of said hearings, as required
by law.
There was extensive flooding which took place in the immediate area of Metate, Pomerado and
Montack streets this past Wednesday night, January 4, 1995. There was flooding on the actual
site of the proposed Project. Going forward until a number of significant issues are addressed
is wrong. That field is pan of a flood plain. Had that Project been in place on the night of
January 4, 1995, with the thousands of meters of fill dirt as currently proposed, every single
house in the neighborhood would have been completely flooded, including those on the proposed
site. In fact, on that night many cars in the area had water levels reach as high as their door
handles.
We are respectfully requesting that the City of Poway, Mayor and Council re-open the hearings
on this proposed Project. You will find, that unless the City of Poway can prove that all the
affected residents were properly notified and certified proof can be presented, going forward in
view of such significant opposition and problems with the proposed site and Project is indeed
questionable public policy.
Prior to the next Public Hearing on the Project on Tuesday night, January 17, 1995, we are
requesting from the City of Poway a response to my client's concerns. He is opposed to the
Project because:
1. Staff has failed to recommend that a Trust Account be established of at least 15% to 20%
of the total gross value of the proposed Project by the Applicant in the event all
conditions, waivers, permits and variances which are being eadorsed are not met,
completed, faulty, prone to accident, natural or man-made, as a result of the activity set
forth by the Project, and; for any accidental direct or indirect problem caused to the
immediate and surrounding community and residential properties as a result therein. For
example, this past Wednesday, January 4, 1995, would the taxpayers have had to pay for
flooding damages, etc., as a result of the significant alteration of the Flood Plain in the
field?
Mayor and City Council
- January 12, 1995
Page Three
2. Based on a number of requests for variances, which include but are not limited to the
following issues:
a. Zoning codes, variances and waivers;
b. No restrooms in a recreational area;
C ..... Insufficient off-street parking for proposed residents;
d~'" Significant traffic problems presently in the area and proposal to widen Metate
Street;
e. Allowing ten of the lots to fall significantly below zoning requirements;
f. The density, price, past and current market conditions of the proposed Project.
This is particularly important given the City of Poway's past approval of the now
bankrupt industrial Project and the present scheme to place one of the second or
third largest outdoor amphitheaters in the Country in the area of South Poway.
Finally, my client, Joseph Diaz, is asking for a response to the key question: Why does the
Poway City Council feel that this is a 'done deal" when the very community and neighborhood
it will so very negatively impact is so very opposed to it?
- Your response to these questions and issues prior to the next meeting on the Project on Tuesday,
January 17, 1995, will determine the advice and counsel I will provide my client regarding his
Sincerely,
MICHAEL B. LEVIN
Attorney at Law
MBL:Imc
JAN 1 7 1995ITEM
12826 Montauk St. John L. Johnston (619) 486-2245 eve
Powa¥, CA U.S.A. (619) 458-0259 day
Jan 17, 1995
Re: Variance 94-13 and Development Review 94-07
Honorable Mayor and Members of the City Council:
My name is John Johnston. My wife and I live at 12826 Montauk Street, which is adjacent to the
east side of the property in question, and specifically we are immediately adjacent to Lot 14 of the
proposed development. We have owned this property for the last 16 years.
For the record, I would like to state that we did not receive any notification regarding the hearing
in June, and in fact our first contact regarding the proposed development was received in late
December.
I have a number of concerns about the proposed development, however for the next few
moments, I would like to specifically describe it's impact on our property. Lot 14, which extends
across the entire rear width of our property, is one of the smaller lots at 4900 square feet. Due to
the density ofthe project, atwo storyhouse is proposed for this lot. Theheight ofthe housewill
be approximately 27 feet above our rear yard elevation, and it will extend along my rear property
line for over 46 feet, at a setback of only 6 feet. To put it another way, we will have a 46 ft long
x 27 ft high wall (if you will) coveting almost 60% of our rear property line, only 6 ft away! I
find this totally unacceptable! With the current design, it would place two upper story bedroom
windows in clear view of our master bedroom, guest bedroom and family room area. This design
will significantly affect our privacy, not to mention, the breezes we count on during Poway's hot
summer days, and what little view we have enjoyed for the last 16 years. We also believe that this
could have a major impact on our ability to sell our home in the future.
Let me mention here, also, that the proposed house on Lot 14, at 6 ft is the closest house in this
development to any existing property. In the entire project, the next closest house is about 23 ft
from existing property, with an average setback of about 30 feet. I understand that this meets city
codes, however, again, because of the density of the project, I feel our property is being unfairly
penalized.
I have discussed with Shea Homes the possibility of changing, or relocating the proposed house.
Due to the density of the project, relocation is apparently not possible, and their only solution
would be to reverse the plan of the house. While this change is better than the original proposal,
it still falls well short of what I would consider acceptable.
Therefore, because I do not believe that these concerns were adequately considered or
represented when the project was designed, because I do not believe that I, along with a number
of my neighbors, were properly notified regarding this project, and because of the significant
impact on our property, I would like to request that the City Council reopen full public hearings
on the original application and variances requested.
ADDENDUM TO STATEMENT by John L. Johnston
Re: Variance 94-13 and Development Review 94-07
In the evem, that the City Council chooses not to reopen public hearings on this issue, I would
request that the Council requires Shea Homes to make some major changes in the site layout of
Lot 14. I have discussed possible changes with Shea Homes, however, without Council direction,
they have not offered to make any significant changes to the layout.
My suggestions are as follows (in order of my preference):
1. Move the house on Lot 14 to another location in the proposed
development. Allowing at least a 25-30 foot setback from our rear property line.
If 1 is not possible:
2. Change the design of Lot 14 from a two-story to a single story home.
If 1 & 2 are not possible:
3. Reverse the layout of the house from Plan 2R to Plan 2. Here, I would like to discuss the
specific layout, and a possible privacy hedge between our rear property line, and the house. I
would expect that the new property owner would be required to maintain this hedge for the life of
the property. Please note that Shea Homes, has agreed to discuss this option, although we do
consider this the least acceptable of the three options.
In addition to the above, I would support the request for a block wall to be placed the full length
of east border of the development.