Item 5 - MDR 95-56 Mark Wagenseller
_ ~ /~/:J/qS-
{( AGENDA REPORT . ,~w
G d;-
CITY OF POW A Y
~f2,V,'$~D
<
TO: Ho,.,.bl. .'Y"'" .....,,~CltY C"""
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manager ~
Mark Weston, Director of Engineering Services~1 ~
Reba Wright-Quastler, Director of Planning Services ~
Marijo Van Dyke, Associate Planner~
DATE: December 5, 1995
MANDATORY
ACTION DATE: December 12, 1995
SUBJECT: Additional Information regarding: Aooeal of Staff aooroval of
Minor Develooment Review 95-56. Mark Waaenseller. Prooonent.
Ron Province reoresentina Huntinaton Gate Homeowner's
Association Architectural Committee. Aoolicant: A single-
family home located on Lot 59 of Huntington Gate Development,
Phase II, located at 14953 Huntington Gate Drive in the RR-C
zone.
APN: 321-410-27
Staff has received a letter from the Huntington Gate Architectural Committee
regarding the above named project. An agreement has been struck with the
property buyers, Mr. and Mrs. Wagenseller. The buyers have agreed to rotate the
position slightly in order to increase the distance from the corner of the house
to the property line. The Committee has agreed to a finished pad elevation of
734 feet. Because pad elevations are set by the tentative tract map the City
Council must approve any changes in excess of two feet higher or lower than the
one designated.
RECOMMENDATION:
Staff recommends that the Council approve the pad elevation at 734 feet providing
the agreement as to the change of the position of the house on the lot is also
satisfied.
ACTION:
C 5 1995 ITEM "
-~
Resolution No. P-
Page 2
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Revised grading plans incorporating all conditions of approval shall be
submitted to the Planning Services Department prior to issuance of grading
permit.
2. 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 grading permit issuance.
3. The s i deyal"d setbael( is hel"eby deemed t8 be sat i sfi ed as 81"igi lIally
desigfleEl.
3.
4.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A revised grading pian for the development of the property which reflects
the approved*~l~ pad elevation of ~ feet, ~l~s 81" mill~S tW8 feet,
shall be subliiJtte' to the City's Englneering Services Department for
review and approval prior to issuance of the grading permit and start of
grading operation.
2. Applicable fees and deposits shall be paid prior to grading permit
issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of December, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
DEe 5 1995 ITEM 5 ,"
,.:~ -
~ RECEIVED
'\ ~/
.~'
- HUNTINGTON GATE DEe 0 4 1995
PLANNING DEPT.
Architectural Control Committee
P.O. Box 694
Poway, California 92074
Tele: (619) 679-8998 Fax: (619)679-8997
December 2, 1995
Ms. Reba Wright-Quastler
Director of Planning Services
City of Po way
13325 Civic Center Drive
Poway, California 92064
Re: Huntington Gate, Phase 2, Lot 59
Dear Ms. Wright-Quastler:
- This letter shall serve as the request of the Huntington Gate Architectural Control Committee to
withdraw our opposition to the MDRA approval of the proposed residence on Lot 59 which is
scheduled to come before the City Council next Tuesday night. Dec 5, 1995.
Thank you for your assistance in this matter:
Yours truly,
Huntington Gate Architectural Control Committee
~
by .~.~
Ronald Province
DEe 5 1995 ITEM S
619.679.1203
15176 HUNTINGTON GATE DRIVE, POWAY, CA 92064
~
AGENDA REPORT SUMMARY
- TO: Honorable Mayor and Members of the City Council . ..,r___..M
~ - --?- '"
James L. Bowersox, City Mana~ ~ ~....,~-.:' ~
FROM: ltr;1'1'O'.t:~
INITIATm BY: John D. Fitch, Assistant City Manager~1r ~~
Reba Vright-Quastler, Director of Plan ng Services
DATE: December 5, 1995
SUBJECT: Appeal of Staff approval of Minor Development Review 95-56, Mark
Vagenseller, Proponent, Ron Province, representing Huntington Gate
Homeowner's Association Architectural Committee, Applicant
ABSTRACT
Appeal of Staff approval of Minor Development Review 95-56 on a single-family home
located on Lot 59 of Huntington Gate Development, Phase II, located at 14953 Huntington
Gate Drive in the RR-C lone.
ENVIRONMENTAL REVIEW
This project is Categorically Exempt, Class 3 under the provisions of the California
- Environmental Quality Act in that it is for the construction of a single-family home.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been sent to Mark Wagenseller, Greg Agee and Ron Province.
RECOMMENDATION
It is recommended that the City Council affirm the original graded pad elevation of 730
feet, which would allow a maximum elevation of 732.0 feet and reaffirm the approval of
the position of the proposed home on the lot.
ACTION
-
J
~: ,..." ,-
1 of 13 DEe 5 1995 ITEM 5
- -- - -".~ -..-" .---" "^.,.---~-_.~
- AGENDA REPOR1
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ~
INITIATED BY: John D. Fitch, Assistant City Manager~
Mark Weston, Director of Engineering Services ~
Reba Wright-Quastler, Director of Planning Service
Marijo Van Dyke, Associate Planner
DATE: December 5, 1995
MANDATORY
ACTION DATE: December 12, 1995
SUBJECT: ADDeal of Staff aDDroval of Mino~ ~ev~l~~m~~~ R;~~e: ~~_~~.
Mark Waaenseller. proDonent; t. ~r_.i ~~~ ~~hri:~t~;~9
Huntinaton Gate Homeowner' sso iatio Ail
Committee. ADDlicant: A single-family home located on Lot 59
of Huntington Gate Development, Phase II, located at 14953
Huntington Gate Drive in the RR-C lone.
APN: 321-410-27
BACKGROUND
On October 30, 1995, Mr. and Mrs. Mark Wagenseller received staff approval of
MORA 95-56, for the construction of a single-story, 4,695 square foot single-
family home on a 1.13 acre parcel, Lot 59 of Huntington Gate, Phase II
deYe 1 opment. Notice of the impending construction was sent to adjoining
neighbors for the normal ten-day review and comment period. An affidavit was
returned by the applicant, signed by the representative of the Architectural
Control COlIIIIittee, stating that the house plans had been received for their
review and comment. The affidavit was signed October 17, 1995.
FINDINGS
On November 14, 1995 an appeal was filed on behalf of the architectural
commi ttee. The letter stated the committee's opposition to approval (Attachment
E) of the MORA on the following grounds:
ACTION:
j
2 of 13 DEe 5 1995 ITEM 5
- -
- Agenda Report
December 5, 1995
Page 2
1. The pad elevations proposed for the new home are six feet hi9her than the
elevation designated by the underlying subdivision map. The City Council
policy is that a graded pad elevation may deviate only two feet higher or
lower from the designated elevation without Council approval.
Staff concurs that this is the case. The proposed pad elevation is 736.0
feet while the approved pad elevation is 730. Therefore, the maximum
height can be 732.0 without Council approval.
2. The cOIIIllittee disputes the adequacy of the setback of the proposed
dwelling from the western property line.
The house is placed on a 40 degree angle to the dimensions of the lot.
The front setback was calculated from the northwest corner of the lot on
a radius as would be done for a cul de sac lot since this property is
i rregul arly shaped and is at the end of the access easement. The
northern, western and southern property lines were treated as sideyards;
the proposed dwelling meets the sideyard setback requirement (20') to all
of these property lines.
The Zoning Ordinance defines the front lot line as follows:
on an interior lot, the front lot line is the property
line abutting the street. On a corner or reverse corner
lot, the front lot line is the shorter property line
abutting a street, except in those cases where the
subdivision or parcel map specifies another line as the
front lot line. On a through lot or a lot with three or
more sides abutting a street or a corner or reverse
corner lot with lot lines of equal length, the director
shall determine which property line shall be the front
lot line for the purposes of compliance with yard and
setback provisions of this title. On a private street
or easement, the front lot line shall be designated as
the edge of the easement.
The Code also provides as follows:
In situations where a rural residential or single family
residential lot is i rregul ar, by virtue of its
configuration, so as to prohibit or unduly restrict the
construction of a single family home, within the
required setbacks noted herein, the Director of Planning
Services shall have the authority to alter the setback
locations (i.e. front, side and rear yards) to enable
the property owner to enjoy the same privileges as those
enjoyed by other property owners in the same area.
DEe 5 1995 ITEM 5
3 of 13
-- _.,..----
Agenda Report
December 5, 1995
Page 3
In the case under discussion, the property is encumbered by roadways on
three sides. Because the property has no access rights to Old Station
Road (to the east) that side cannot be considered the front. Both the
north and the south property lines could be identified as front yards, but
in either case, the west would remain a side yard. (Please refer to the
grading plan, Attachment C.)
The property has an irregular shape and has a grade separation, which
along with the unusual shape, make the siting of a single-story home
difficult. In addition the subdivision has a design restriction which
does not allow garage doors to face toward the front. Next door neighbors
have stated their preference for a single-story home on this lot, and the
applicants desire the same.
Given the location, shape and topography of this lot and its relationship
to the roadways around it, staff concl udes that it is appropri ate to
measure the front setback on a radius from the northwest corner. Even if
the front was determined to be either the roadway to the north or south of
the property. however, the area adjacent to the western property 1 i ne
would still be a sideyard. Staff concl udes that the setbacks are
appropriate as proposed.
3. Legal issues have been raised regarding the use of one private road
easement by the applicants rather than the one designated originally with
the lot. This is a private civil matter suitable for consideration only
by the parties to that agreement. The City has no jurisdiction in the
Ilatter.
4. The drainage issue which was raised has been discussed with the City's
Staff Engineer to the satisfaction of the parties involved.
S. The Wagensellers are the applicants of record. A preliminary title report
shows them to be the buyers of Lot 59. As to the matter of escrow
requirements, the City has no jurisdiction in the matter.
ENVIRONMENTAL REVIEW
This project is Categorically Exempt, Class 3 under the provisions of the
California Environmental Quality Act in that it is for the construction of a
Single-family home and accessory structures.
FISCAL IMPACT
None.
DEe 5 1995 ITEM ,5 . .
4 of 13
Agenda Report
December 5, 1995
Page 4
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been sent to Mark Wagenseller, Greg Agee and Ron
Province.
RECOIDIENDATION
It is recommended that the City Council affirm the original graded pad elevation
of 730 feet, which would allow a maximum elevation of 732.0 feet and reaffirm the
approval of the position of the proposed home on the lot.
JLB:MSW:RWQ:MVD:JDF:kls
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Grading Plan
D. Approval Letter
E. Appeal Letter
E: \CI n\PLMIIIIIG\IE_T\IGR9556A.AGII
DEe 5 1995 ITEM 5
5 of 13
----- -~---_._...,...---"_._-..-
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW 95-56
ASSESSOR'S PARCEL NUMBERS 321-410-27
WHEREAS, Appea 1 of Minor Development Review 95-56, submitted by Ron
Province on behalf of the Huntington Gate Homeowners Association, requests denial
of the construction of a single-story home in the position and pad elevation
proposed by the applicants, Mr. and Mrs. Mark Wagenseller, for the property
located at 14953 Huntington Gate Drive, Lot 59 of Huntington Gate, Phase II, in
the RR-C zone; and
WHEREAS, on December 5, 1995, the City Council has read and considered the
staff report and other testimony, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
Minor Development Review 95-56 is not subject to the California Environmental
Quality Act, in that it is Categorically Exempt Class 3, as the project is the
construction of a single-family home and accessory structures.
Section 2: Findinas:
1. The proposed project is consistent with the general plan in that it
proposes the construction of a single-family home and accessory
structures.
2. That the proposed development will not have an adverse aesthetic, health,
safety or architecturally related impact upon adjoining properties, in
that the graded pad height will conform to the designated elevation set
out in the subdivision map.
3. That the proposed development is in compliance with the Zoning and Grading
Ordinance, in that it complies with the property development standards of
the RR-C zone.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that the
surrounding properties consist of large rural residential lots with Widely
spaced hillside homesites.
Section 3: Citv Council Decision:
The City Council hereby approves Minor Development Review 95-56, subject to the
following conditions:
Within 30 days of approval the appl icant shall submit in writing that all
conditions of approval have been read and understood.
ATTACHMENT A
DEe 5 1995 ITEM 5 "
6 of 13
-
Resolution No. P-
Page 2
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Revised grading plans incorporating all conditions of approval shall be
submitted to the Planning Services Department prior to issuance of grading
permit.
2. 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 9rading permit issuance.
3. The sideyard setback is hereby deemed to be satisfied as originally
designed.
4. All other conditions of approval contained in the original approval letter
dated October 30, 1995, except those modified herein, shall remain in full
force and effect.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A revised grading plan for the development of the property which reflects
the approved pad elevation of 730.0 feet, plus or minus two feet, shall
be submitted to the City's Engineering Services Department for review and
approval prior to issuance of the grading permit and start of grading
operation.
2. Appl icable fees and deposits shall be paid prior to grading permit
issuance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of December, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
DEe 5 1995 ITEM 5 ..j
7 of 13
-- ----------,--------..--._~----~
l , u I \ '
- I
()- ", I ~{
-~ 'I
- L.
-::..---< :--,--
#."' .
~',/
.... '/ -....
,
--
---"'T"-
_J
r---
- .-
I
_~_ - ,f-
~F
I ,
RR A , RR-A
I
CITY OF POWAY ITEM: Zoning & Location Map ,
~ SCALE , TITLE : MDR 95-56
ATTACHMENT: B
8 of 13 DEe 5 1995 ITEM 5
.
-----
.-
\'-.
= ~~
\ C5~
---
~~
-
~~
r..L.J
, ~.
~~
(.,!)
~~ItJC.".,.,n'
P7Zr/"hA/.
~ ('11.)
!<"
~~
~~
~~
~~
~~
~S
\j
,
(.(1.) ~
\ ~.' . .
I . ~ '-.
\ . ~. ~
.lJjr, \,
. ~.
',\; -,
.... ...
I ., '
, ' .
9 of 13 ~.~~ ...,
~~'1'TACH~rc;; ,~:)
ITEM .5' I
n - . .:. '. ENT C
-- -
~,-~-
-~---_..--~--~ ~-~_.~--~_. --- .- ,-.-
) r I
\.....
CITY OF POWAY
DON HIGGINSON, Mayor
SUSAN CALLERY, DepulY Mayor
BOB EMERY, Councilmember
MICKEY CAFAGNA, Councilmember
BETTY RE:l~FORD, Councilmember
October -30, 1995
Mark Wagenseller
c/o Greg Agee Construction
13338 Arroyo Vista Road
Poway, CA, 92064
SUBJECT: MDRA 95-56
APN: 321-410-27
Dear Mr. Wagenseller:
Pursuant to section 17.52.040 of the Municipal Code and Ordinance
303 and 304, your request for the construction of a 4,695 square
foot single family home at 14953 Huntington Gate Drive, in the RR-C
zone is approved subject to the following conditions:
1. The appropriate Building Department approvals shall be
received prior to initiation of construction.
2. No fence or freestanding wall shall exceed six feet in height.
,
3. All new utilities serving the subject home shall be installed
underground.
4. All graded slopes greater than 3 feet in height end 5: 1
gradient shall be landscaped with trees, shrubs and ground
cover.
5. An Affordable Housing In-Lieu, in the amount of $4,500.00
shall be paid prior to building permit issuance.
6. School Fees shall be paid at a rate of $1.72 per square foot
of living space, prior to building permit issuance.
7. The rollowinq improvements shall be constructed to the
satisfaction or the Director of safety Services:
a. 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 164.
b. 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 the private driveway entrance.
ATTACHMENT D IT 5
10 of 13 City Hall Located at 13325 Civic Center Drive DEe 5 1995 EM.
,f~;linn Arlrlrp~~, po. Box 789. Powav. California 92074-0789 . (619) 748-6600, 695-1400
.
-) c)
MORA 95-56
Page 2
c. Each chimney used in conjunction with any fire place
shall be maintained with a spark arrester.
d. Every building hereafter constructed shall be accessible
to fire department apparatus by way of access roadways
with all-weather driving surface of not less than 16' of
unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus
and having a minimum of 13' 6" of vertical clearance.
The road surface type shall be approved by the city
Engineer, pursuant to the city of poway Municipal Code.
e. The access roadway shall be extended to within 150' of
all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be
provided, approved fire protection system(s) shall be
provided as required and approved by the chief.
f. A residential fire sprinkler system with a one inch meter
will be required. Plans ~hall be submitted to the Fire
prevention Bureau for approval prior to installation. (If
a one inch lateral off the street main is currently not
present, one will have to be installed).
8. The following improvements shall be constructed" to the
satisfaction of the Director of Engineering services.
a. A grading plan for the development of the property shall
be submitted to the city's Engineering services
Department for review and approval prior 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.
b. A Right-of-Way permit shall be obtained from the city's
Engineering services Department for any work to be done
within the public street right-of-way or any city-held
easement. Said work shall include, but is not to be
limited to, construction of driveway approach, sewer
lateral installation, water service installation, street
construction (inClUding concrete curb, gutter, and
11 of 13 DEe 5 1995 ITEM 5
--.--
. - ~
J ~ '
MORA 95-?6
Page 3
sidewalk). Permit shall be obtained prior to start of
work.
c. The following development fees shall be paid to the
Engineering Services Department prior to building permit
issuance. These fees are currently in effect and are
subject to change:
Sewer Connection $ 1,606.00
Sewer Cleanout 50.00
Sewer Inspection 25.00
Water Meter (1" size) 140.00
Sewer fees are due prior to building permit issuance and
the water meter fee is due at the time of application or
prior to occupancy, whichever occurs first. Fees quoted
are those currently in effect and are subject to change.
If you have any questions regarding the information contained in
this letter please call me at 679-4294. For Engineering related
questions please call Ninoy Basuil at 679-4283. For Fire
Department requirements please call Garry MacPherson (Fire Marshal)
at 679-4390.
Sincerely, .
Mft/~
Marijo Van Dyke, AICP
Associate Planner
ITEM 5
12 of 13 DEe 5 1995
~ ~-
RECEIVED
CITYOFPOWAY
PLANING COMMISSION NOV 14 1995
13325 CIVIC CENTER DR.
POW A Y, CA 92074 PLANNING DEPT.
NOVEMBER 14, 1995
RE. APN. 321-410-27, NOTICE OF APPEAL
THE HUNTINGTON GATE ARCHITECTURA,L REVIEW COMMITTEE HAS REVIEWED THE
PROPOSED PLANS FOR THE CONSTRT.JCTION OF A SINGLE F AMIL 'I RESIDENCE ON LOT
NUMBER 59 IN HUNTINGTON GATE DEVELOPMENT PHASE 11
OUR CONCER"iS ARE
I. THE APPLICAN, DOES NOT 0\\ 'N THE .-\!lOVE DESCRIBED LOT AND THEREFORE
SHOULD NOT BE ABLE TO APPLY FOR A MINOR DEVELOPMENT REVIEW OR
A BUILDl?\G PERMIT WITHOUT THE OViNERS PERMISSION i\PPLlCAST IS
CURREN,L Y I)\' DEF AUL TO" E)"lSTING ESCROW
2. WE ARE ALSO CONCERNED ABOur SETIlNG A PRECEDENT ON PROPOSED PAD
ELE\'ATIO"S AND SET BACK REQUIREMENTS
A THE CALIFORNIA REAL-ESTATE SUBDIvlSIONS DEPARTMEN, HAS SET
THE PAD ELEVATIOl\S AT 730ft.. THE PROPOSED PAD ELEVATION OF 736 ft
DOES NOT CONFORM WITH THIS PRIOR AGREEMENT
B. CUR RENT SET BACKS REQUIRE.
- 40FT FRO!'., YARD
20FT SIDE YARDS
50FT BACK YARDS
.' LL.\BILln.ISSUES REGARDE\G THE PRlV ATE DRlVE EASEMENTS AND ROAD
~1Al,,'TENANCE AGREBfE",S
4. DRAINAGE ON NORTHVlEST CORNER OF PROPERTY CURRE1'o.'TLY AND
1I,'ATUR.\LL Y DR.\11I,'S TO THE EAST AND SHOULD REMAIN THATWA Y
PLEASE BE Am.1SED THAT THE Hl,-:\Tr:,GTON GATE ARCHlTECTCR.\L CONTROL
COMMITTEE HAS NOT RECEIVED, AS OF THIS WRmNG. AN APPLlCATIOl\; FROM THE
APPLICANT FOR ARCHn"ECTURAL CONTROL COMMITTEE APPROVAL. WE HA VE RECEIVED
A PARTIALLY COMPLETE SET OF FLOOR PLANS, ELEVATIONS AND SITE PLAN. WE \VERE
UNDER THE IMPRESSION THAT THE CITY OF POW AY WOULD REQ\J1RE OUR APPROVAL
PRIOR TO PROCESSING THE PLANS FOR APPRO\' AL IN THE CIIT
IT HAS BEEN THE PR.\CTICE OF THE ARCHITECTIJRAL CONTROL COM>,lITrEE TO PROCESS
REQUESTS FOR APPROVAL ONLY AFTER RECEIVING A" APPLICATION FOR SUCH
APPROVAL AND THEREFORE, IN THIS CASE, WE WERE PRECLUDED FROM REVIE\\1NG THE
MATERIAL IN A TIMELY >'l.\NNER
YOURS TRULY.
;a2~
R.N. PROVINCE
--.
DEe 5 1995 ITEM 5 j
13 of 13 _A TI'ACHMENT E
------- ----.-.,--