HomeMy WebLinkAbout11/06/07 PC Reports
CITY OF LAKE ELSINORE
PLANNING COMMISSION AGENDA
MICHAEL O'NEAL, CHAIRMAN
JOHN GONZALES, VICE CHAIRMAN
JIMMY FLORES, COMMISSIONER
AXEL ZANELLI, COMMISSIONER
PHIL MENDOZA, COMMISSIONER
ROLFE PREISENDANZ, DIR. COMMUNITY DEVELOPMENT
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
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TUESDAY, NOVEMBER 6, 2007
6:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the
Planning Commission with valuable information regarding issues of the community.
Meetings are held on the 151 and 3rd Tuesday of every month. If you are attending this
Planning Commission meeting, please park in the Parking Lot across the street from the
Cultural Center. This will assist us in limiting the impact of meetings on the Downtown
Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at
each meeting. The agenda and related reports are also available in the Community
Development Department on the Friday prior to the Planning Commission meeting.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the City Clerk's Office at (951) 674-3124, ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the podium, prior to the start of the Planning
Commission Meeting)
.......
CONSENT CALENDAR ITEMS
(All matters on the Consent Calendar are approved in one motion, unless a Commissioner
or any members of the public requests separate action on a specific item.)
1. Reqular Planninq Commission Meetinq Minutes for July 3. 2007
Recommendation: Approval
2. Minor Desiqn Review of a Sinqle-Family Residence located at 16897 Gunnerson
Street
Recommendation: Continuance
3. Minor Desiqn Review of a Sinqle-Family Residence located at 423 Adobe Street
(APN: 377-312-024)
Recommendation: Approval
4. Minor Desiqn Review of a Sinqle-Family Residence located at 30338 Baum Avenue
(APN: 375-324-025)
Recommendation: Approval
PUBLIC HEARING ITEMS
(Please read & complete a Speaker's Form at the podium prior to the start of the Planning
Commission Meeting. The Chairman will call on you to speak when your item is called).
5. Conditional Use Permit No. 2007-20 and Commercial Desiqn Review No. 2007-13
for a proposed America's Tire Company located at 18237 Dexter Avenue (APN:
377 -040-045)
Recommendation: Continuance
6. General Plan Amendment No. 2007-14, Conditional Use Permit No. 2007-21 &
Industrial Desiqn Review No. 2006-03 "Fairway Business Park" (APN: 377-140-
024)
Recommendation: Approval
BUSINESS ITEMS
7. Uniform Siqn Proqram Modification No. 2007-07 "Lake Elsinore Outlet Stores"
Recommendation: Continuance
8. Uniform Siqn Proqram No. 2007-09 for the Viscaya Villaqe Center (APN: 379-470-
083)
Recommendation: Approval
......
INFORMATIONAL
Elsinore Valley Municipal Water District Presentation
STAFF COMMENTS
PLANNING COMMISSIONER'S COMMENTS
ADJOURNMENT
The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on
Tuesday, November 20,2007, at 6:00 p.m. to be held in the Cultural Center located at 183
N. Main Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, ROLFE PREISENDANZ, Secretary to the Planning Commission, do hereby affirm that a
copy of the foregoing agenda was posted at City Hall, 72 hours in advance if this meeting.
r~U~"A
ROLFE PREISENDANZ
DIRECTOR OF COMMUNITY DEVELOPMENT
If. /'0,
DATE
-"'--
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, JULY 3,2007
CALL TO ORDER:
Chairman O'Neal called the regular Planning Commission meeting to order at 6:09
pm.
PLEDGE OF ALLEGIANCE:
Commissioner Flores led the Pledge of
ROLL CALL
PRESENT: COMMISSIONERS:
O'NEAL, GQ~lALES, FLORES,
MENDOZA, ZANELLI
ABSENT:
COMMISSIONERS:
Also present were: Directo~~f Commd~lty Development Preisendanz, Planning
Manager Weiner, Deputy Cit~/Attorney S~ntana, Public Works Director Seumalo,
Associate Planner Carlsgn, Associate Planner/Resendiz, Planning Consultant Miller,
and Office Specialist Hernimgtpn.
PUBLIC COMMENTS(Non~Aaenda Items)
No requests to speak.
CONSENT CALENDAR ITEMS
Chairman Q'Nealstated that Item Numbers 1, 2 & 3 would be pulled from the
Consent Calendar.
1. Minor Design Review of a two story Single-Family Residence
located at 365 Avenue 5 (373-192-015).
Planning Manager Weiner stated that the applicant Daniel Rodriguez was not
present at the meeting but was advised of the meeting. He also stated that Mr.
Rodriguez did sign the Draft Acknowledgment of Conditions letter stating that he
read and agreed with the Conditions of Approval.
ACENOA ITEM NO. . . ..1
PACE---L...OF. If q_~
PAGE 2 - PLANNING COMMISSION MINUTES - JULY 3,2007
MOVED BY FLORES, SECONDED BY MENDOZA, AND
PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-118, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN
REVIEW FOR A TWO-STORY SINGLE-FAMILY
DWELLING UNIT LOCATED AT 365 AVENUES 5.
2. Minor Design Review of a Residential Duplex located on Franklin Street
(APN: 373-021-006).
The owner, Froylan Alfaro was at the meeting in plac~6fth~ applicant, Hector
Zubieta. Mr. Alfaro stated that he read and agreed withJpe.Conditions of Approval.
MOVED BY FLORES, SECONDED B'Y MENDOZA, AND
PASSED BY A VOTE OF<. 5:.Q, < TO APPROVE
RESOLUTION NO. 2007-119,1' RESOLUTION O~<,.HE
PLANNING COMMISSION <OF'; THE<CITY OFL~KE
ELSINORE, CALlFORNIA,.A:PPRO\tING A MINOR
DESIGN REVIEW FOR A RESIDEN:tIAL DUPLEX.
3. Minor Design Review of a~il'1gle FamilyRI~idence located at 16150
Stevens Street.
Applicant, Jeff Jones, 14Q~ Goodman AV~IJHe,Red6mdo Beach, read and agreed
with the Conditions of APprqy~1.
Commissioner Zanelli~gmmended the appliQ~pt for taking a responsible developer's
approach in installing th~~~we(sy~t~l1ls.
MOVEO.BY FLORES, SECONDED BY MENDOZA, AND
PASSED BY A<.YOTE OF 5-0, TO APPROVE
RESOLUTIOt;J NO. >2007-120, A RESOLUTION OF THE
PLANNINGiCOMMISSION OF THE CITY OF LAKE
EL~INORE,< CALIFORNIA, APPROVING A MINOR
DESI.GN REVIEW FOR A SINGLE FAMILY RESIDENCE.
PUBLIC HEARING ITEMS
Chairman O'Neal stated that Item NO.6 would become Item Number 4 and Item No.
4 would become Item Number 6.
4. Conditional Use Permit No. 2006-21; Variance No. 2007-02; and
Commercial Design Review No. 2006-18 for a proposed Lone Star
Steakhouse Restaurant located at 18601 Dexter Avenue (APN: 377-080-
077).
Chairman O'Neal opened the Public Hearing at 6:20 pm.
Agenda Item No.1
Page 2 of 49
PAGE 3 - PLANNING COMMISSION MINUTES - JULY 3,2007
Director of Community Development Preisendanz provided an overview of the
project and requested Associate Planner Carlson to review it with the Commission
and answer questions.
Associate Planner Carlson provided an overview of the project. He stated that staff
revised Condition Number 39, Subsection F of the Conditions of Approval and he
read the revised Condition to the Commission regarding the trash enclosure. He
also informed the Commission that the applicant and the architect were present.
The architect, read and agreed with the Conditions of ApprovqL including the revision
to Condition Number 39. He thanked staff and said he wouldahswer any questions.
Chairman O'Neal closed the Public Hearing at 6:14
Planning Commission Comments
Commissioner Zanelli said it was a nice looking project,
Commissioner Flores stated that he was happy that the project has come to Lake
Elsinore.
Commissioner Mendoza stated that theprqposed projeCf",ould be a great addition
to the City.
Vice Chair Gonzales w~lcomed the applic~ht to the
Chairman O'Neal hadno comments.
1VI0\{ED BYG.oNZ~I..ESJ SECONDED BY MENDOZA,
ANDf'~SSEDiBY A VOTE OF 5-0, TO APPROVE
RESOUJ;FION NO.>2P07-121J A RESOLUTION OF THE
PLANNING/COMMISSION OF THE CITY OF LAKE
ELSINORE, > CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL ADOPTION OF FINDINGS THAT THE
PRO~JECT >IS CONSISITENT WITH THE MULTIPLE
SPECII;SHABITAT CONSERVATION PLAN (MSHCP).
MOVED BY GONZALES, SECONDED BY ZANELLI, AND
PASSED BY A VOTE OF 5-0J TO APPROVE
RESOLUTION NO. 2007-122, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. 2006-21.
MOVED BY FLORES, SECONDED BY GONZALES, AND
PASSED BY A VOTE OF 5-0J TO APPROVE
RESOLUTION NO. 2007-123, A RESOLUTION OF THE
Agenda Item No.1
Page 3 of 49
PAGE 4 - PLANNING COMMISSION MINUTES - JULY 3, 2007
PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING VARIANCE NO.
2007 -02.
MOVED BY MENDOZA, SECONDED BY ZANELLI, AND
PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-124, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING COMMERCIAL
DESIGN REVIEW NO. 2006-18 WITH THE REVISION TO
CONDITION NO. 39, SUBSECTION F.
5. CONDITIONAL USE PERMIT NO. 2007 -04 (T~Mqbile Wireless
Telecommunications Facility).
Chairman O'Neal opened the Public Hearing at 9:17 pm.
Director of Community Development Prei$~n~anZ p~pvided an ov~~iew of the
project and requested Associate Planner CarlsPI'l to review it with the Commission
and answer questions.
Associate Planner Carlson provided~l'l+pverview of th~project and also distributed
to the Commission with corresponde(jce'v\'hi9b was prb\ilged to staff post the staff
report being distributed which reflectsmem~~n~+;of.thecbmmunity within the area
that object to the installatign of the T-Mobile;Wirelesl) Telecommunications Facility.
Staff recommended denialo.fthe proposed project.
Applicant, Marc Myerl)(The Planning Coril)grtium, 627 N. Main Street, Orange,
California, representing1T...ty1obH~l).'~tEld thal.they looked at various locations to place
the cellular tower but thos~locatiohswerenot feasible and chose the Tuscany Hills
area because it wCluld optimize coverage and asked the Planning Commission to
reconsider staff's recommendation of denial.
Chairman O'Neal asked Mr. Myers if he stated that the Elsinore Valley Municipal
Water Districf(EVMWD) 'v\'quld not allow the installation of the cellular tower on their
water tank.
Mr. Myers said yes. He also said that they didn't have enough space despite
minimizing the type of installation and went just outside of the area which was the
Home Owners Association's area.
Chairman O'Neal asked Director of Community Development Preisendanz to
discuss what EVMWD said regarding installing the cellular tower on the water tank.
Director of Community Development Preisendanz stated that he spoke to Mr. Phil
Williams of EVMWD approximately three (3) weeks ago and Mr. Williams stated that
EVMWD was agreeable to co-locating on the water tank side and attaching to the
water tank but his advice was to make sure that the applicant applied with EVMWD.
Agenda Item No.1
Page 4 of 49
PAGE 5 - PLANNING COMMISSION MINUTES - JULY 3, 2007
REQUESTS TO SPEAK
Wilfrido Reyes, 25 Corte Palazzo in Tuscany Hills, stated that if the communication
facility is placed at the proposed location, it could pose a health hazard to the
residents in the area. In addition to this, school children wait at a school bus stop
where the cell tower would be located and suggested relocating the facility to the
water tower.
Tracy Fuller, Attorney for Tuscany Hills Landscape & Recr~etion Corp., 191 Calle
Magdalena, Suite 220, Encinitas, California, submitted a II F;grrr1a I Written Opposition"
of the project to the Planning Commission, requesting d~~i{31 of the project and also
requested that the applicant obtain appropriate approval bYitg~ Association.
Jeanne Woodyard, 34 Del Santello, Tuscany t1.JUs,Lake ElsinQte, stated that she
lives near the proposed project and has concerns about possiblel1~elth hazards to
her children and family due to the installatiqlJ,gfJhe cell.\.Jlar tower.
Eike Hoheenadl, Tuscany Hills, Lake Elsinore,sl~ted that the school bus stop is
approximately (15) feet from the proposed facility loce!ion and it could be a health
hazard to the children waiting at the bu~~t?p. He alsost~~~dthat the proposed forty
(40) foot pole would be distracting to thebeeuty of the neigl1borhood.
Joyce Hohendadl, 27 Corte Palazzo, l..{3k~ElsinOt~,<said she reviewed the Final
Tuscany Hills Specific/Plan and the Spe~ific Plan didn't state that cellular towers
were permitted withinTuscanytlills. Ms. Hphendadl requested that the Commission
deny the project.
Gary Tosti, 2tQQfjt.e..Mader~;LakeElsi~pre, stated that it would be negligent for the
City to ellow the facility te> <be built because of the potential harm of the
electromagnetic fieldstg<the residents living near the facility and requested that the
tower be placed on the Water tank.
Tom Franson,7Villa Valtil~na, Tuscany Hills, Lake Elsinore, suggested installing the
antennas at the'^'~ter tank'and it wouldn't disrupt the beauty of the neighborhood.
Duane Holmes, 53 Bella Donaci, Lake Elsinore, stated that he is a member of the
Board of Directors at Tuscany Hills Landscape & Recreation Corp., and said that this
project is contrary to the CC&R's and should be reviewed by the Landscape
Committee prior to anything being built there.
Councilman Daryl Hickman, 19 Corte Madera, Tuscany Hills, Lake Elsinore, said
that he was speaking as a citizen. His concern is the exposure of the radiation to
the families and their children who live near the proposed project. Additionally, the
proposed facility is near the high school and middle school bus stop. He also stated
that all electrical wires in Tuscany Hills are underground and there are no visible
antennas within the Association. He also said he went to the location of where
Agenda Item No.1
Page 5 of 49
PAGE 6 - PLANNING COMMISSION MINUTES - JULY 3,2007
another cellular tower was installed located on Franklin, near 6th Street which was
enormous and does not belong in a residential area.
Jerry Carlos, 14 Del Torino, Lake Elsinore, wanted to know if the School District
office is aware that this facility is being built at their bus stop and did the City advise
the School District of this? He also stated that a forty (40) foot tower is very high
and thinks that if the applicant were to work with the Water District there might be a
better location.
Director of Community Development, Preisendanz stated that when a new project
gets submitted to the City it gets noticed in the Newspape~IRosted on the bulletin
board at City Hall and it also get mailed to residents andybusinesses within a 300
foot radius. It also gets routed to the school district, amgQ9pther agencies.
Chairman O'Neal closed the Public Hearing at 6:47 pm.
PLANNING COMMISSION COMMENTS
Commissioner Flores thanked the TuscanyFUII~ resJpents for their>Views on the
project and stated that based on the applicatioh9J1d evidence submitted, he was
going to deny the project. He alsg suggested a COfltinuous review for a possible
installation with the EVMWD.
,>:::X::>, '::
Commissioner Mendoza thanked thehrsid~~~$fpr~tte~dlng the meeting and said
that he doesn't think that any type of compnercial tg)!V.er should be installed in the
Tuscany Hills area and shc)\,.Ildbe located gy the water tower.
Vice Chair Gonzales stated that he viewed>th.e location where the tower would be
installed and said thatat9vverthl3tll311 in th~f area wouldn't be right and said since
there has be.en approval from thEfWaterDistrict, it should be moved to the Water
District's location.
Commissioner Zanelli said he concurred with his fellow Commissioners and thanked
the resident~f()r attending>the meeting and expressing their views.
MOYED BY FLORES, SECONDED BY MENDOZA, AND
PASSED BY A VOTE OF 5-0, TO DENY CONDITIONAL
USE PERMIT NO. 2007-04 (T -MOBILE WIRELESS
TELECOMMUNICATIONS FACILITY).
6. Lake Elsinore Acquisition Process (LEAP) No. 2005-12; a 9.09
acre commercially zoned parcel of land (proposed site) within
the Alberhill Ranch Specific Plan area.
Chairman O'Neal opened the Public Meeting at 7:06 pm.
Minutes taken verbatim
Agenda Item No.1
Page 6 of 49
PAGE 7 - PLANNING COMMISSION MINUTES - JULY 3.2007
Chairman O'Neal
I'll bring the meeting back to order. This takes us to formerly numbered Item
Number Four, which is now Number Six. Prior to starting this, I do have a statement
to read. I had a disturbing phone call today suggesting that I solicit or accept
campaign contributions.
For the record, I have solicited no one for money; I have received nothing from
anyone, any developer or any other person for campaIghpurposes. I am not
currently running for any public office. I do not have a.campgign committee; I do not
have a bank account for campaign purposes. In ?Q03, you alFknow, or some of you
know, I ran for City office; I lost. I hope that qlf?ars that up.
2005-12, a
This is public hearing Lake Elsinore AcquisitiOhiProc~$S LEAP
9.09 acre commercially zoned parcel of land withiritbf? Alberhill Ranch specific plan
area. Rolfe -- and we will have a lorofl~~i~~ge today bec(;lY$~ we do have a number
of speakers that would like to speak
, I cautiqg..you don't make me cut you off,
but I will be as liberal a$po$siple. Rolfe.
Preisendanz
Thank you, M Chairman.>GOod
good evening to the members of the
Planning Commission. ... The/item before you tonight, as you mentioned, is entitled
the Lake (Elsinore Acquisition PrOcess, or LEAP number 2005-12, for a 9.09 acre
commercially zoned parceFpf land within the Alberhill Ranch specific plan.
I first wanted to thank the commission for the time they spent in reviewing this
project and also thank staff for the time they've spent as well. And I want to also
thank the applicant, Mr. Hardy Strozier, with The Planning Associates and the owner
Castle & Cooke and their team for the time that they have spent. And although staff
has not been able to concur with the applicant's analysis and conclusions, I look
forward and do appreciate and acknowledge the investment Castle & Cooke have
made in the City of Lake Elsinore. With that, we'll begin our presentation.
Agenda Item No.1
Page 7 of 49
PAGE 8 - PLANNING COMMISSION MINUTES - JULY 3, 2007
As I mentioned, the project is entitled LEAP number 2005-12. The applicant is
requesting that the Planning Commission consider and make recommendation to the
City Council regarding whether the development footprint depicted in LEAP number
2005-12 is consistent with the Multiple Species Habitat Conversation Plan, or the
MSHCP. As you know, after much debate and testimony from significant
stakeholders within the city in January 2004, the City agreed to implement the
MSHCP which included specific biology as approved in the MSHCP; the reserve
assembly requirements as described in the criteria Cellan(:l~()mpliance with the 75-
year permit. The Western Riverside County MultiPI~ Species Ha.qitat Plan is a long-
term comprehensive plan which focuses on.. the conversation ofsp~cies and their
associated habitats in Western Riverside county. Th~iMSHCP is an element of the
Riverside County Integrated Project, or the RCIP,W:hich encourages land assembly
to support habitat and habitat needs.M9re. importantIY,fr9Q"lmy understanding from
Tom Mullins, was the MSHCP waS> prepi::lr~~i.to facilitate and expedite the
construction of both regjpppl and local infrastructure while addressing the
requirements of thestpte and federal Endariger~d Species Act.
In addressing the requirernentsQI/>ttJesti::lte and federal government, the MSHCP
serves asahabitatcol'lservati9Q plan pursuant to section 1 0(a)(1 )(b) of the Federal
Endangered Species Acfpf 1973<ahd is used to allow jurisdictions to authorize the
take of plant and wildlife sp~cies within the plan area. As such, the wildlife agencies
granted under the MSl-tCP take authorization in exchange for the assembly and
management of a coordinated MSHCP conservation area. Next slide, please.
As I mentioned earlier, the site is located within the Elsinore Area Plan as described
by the MSHCP, specifically Cell 3751, and also a portion of Cell 3854 and within Cell
Group J, which is located in this area that I wrote and tried to outline for you; that is
Cell Group J, which includes 12 individual Cells. For the future -- excuse me. For
the purposes of future discussion, it is important to note that Cell Group I, which is
located here, these two Cells here, is contiguous to Cell Group J to the west. It is
Agenda Item No.1
Page 8 of 49
PAGE 9 - PLANNING COMMISSION MINUTES - JULY 3, 2007
also important to identify both independent Cell 3853, which is here, and Cell Group
0, which is right here, to the southeast of Cell Group J. Next slide, please.
The first step in the MSHCP review, as staff has determined it, and consistency
analysis is to evaluate whether the project contributes to the conservation of criteria
established for each individual Cell or Cell Grouping in which the project lies
according to the Cell criteria or Cell Group criteria found in the MSHCP. To do this,
staff determined what Cell or Cell Group applied to thi~<site. In this case, staff
reviewed and considered the Cell -- the criteria forpsll<Group J considering the
project is located in this yellow area right here, th(3 riine-acre~ite, and this is Cell
Group J, this entire area. The conservation Griteria for Cell GroupJ, and you have to
bear with me as I read this criteria within the MSHCP, but I think it's important that I
do mention it: Conservation within the Cell Groupwillcontribute to the assembly of
proposed core one; conservation withliqth(3 Cell GroupyyiU Jocus on coastal sage
scrub, chaparral grass land, riparianscrub,W6qqland,and forest habitat. Areas
conserved within this Cell Group will bec6nnectedt6 upland habitat proposed for
conservation in Celll'lumber 3a53 and 3859 and Cell Group 0 to the south and to
the coastal sage scrub hagItatforaprQPosed conservation in Cell Group L to the
East to riparian habit~tprop6sed for conservation in Cell Group I to the west and to
existingPQP lands to the north and west. Conservation within the Cell Group
remains from 75 to 85 percent of the Cell Group focusing in the western and
northern portions of the Cell Group. Considering this language, it's important to note
a few things. One is the contribution to core one; the other is the 75 to 85 percent
conservation goal within this Cell Group. The focus on riparian and forested habitat
and then the connection to other Cell Groups.
Basically, our analysis started with asking whether the proposal contributes to
proposed core one. We determined that the proposal from the applicant, which is
the 75-foot width, does contribute to proposed core one. Staff then asked -- we
asked ourselves whether the proposal contributes to 75 percent to 85 percent
Agenda Item No,l
Page 9 of 49
PAGE 10 - PLANNING COMMISSION MINUTES - JULY 3, 2007
conservation in the western and northern portions of the Cell Group. We determined
that based on a strict interpretation of the Cell criteria that the northern four Cells
and the western four Cells totaling about 66 percent of Cell Group J should be
entirely conserved. Staff acknowledges that the MSHCP obviously should be
flexible and we should be able to jog the conservation boundary in that area.
However, because of the limited resource recognized that it's the Temescal Wash
and because we are to focus on riparian scrub and forest and habitat, and because
we have to connect to other Cell Groups, we staff lookgdlo;lme adjacent Cell Groups
to determine whether the proposal would allow ustQ.aCmieve th~~~. three points.
Considering that the Temescal Wash, which>Js the riparian area,Which is this blue
line that runs through the site here, and the criteria for Cell Group J does not explain
how the wash should be treated, staff paid particuTarattention to the criteria for Cell
Group I located in these two areas h~r~,.b~cause CelF~rQup I provides instruction
on how to treat Temescal Wash. Cell Group<I;Which is located adjacent to the site,
discusses how Teme~calWash should/be treat~d, contributes to assembly of
proposed constrairt~c;l linkag~ six and <.requires approximately five percent
conservation focusing that'ss<five pe~Q~pt conservation focusing and the southern
portion of the Cell Group. Thefconservation within this Cell Group reads as follows,
bear with me again: "ConservatiQl"lwithin the Cell Group will contribute to assembly
of proposed constrained linkage six. Conservation within this Cell Group will focus
on riparian habitat assocIated with Temescal Wash. Areas conserved within the Cell
Group will be connected to the riparian habitat proposed for conservation in Cell
Group J to the east and in Cell Group H to the west. Conservation within this Cell
Group will be approximately five percent of the Cell Group focusing on the southern
portion of the Cell Group." It is from this language that staff extrapolated a
calculation to reach the conservation goal of approximately 264 feet and that
calculation is that we -- the two Cells in Cell Group I, there's a total of 320 acres.
Agenda Item No.1
Page 10 of 49
PAGE 11 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Five percent of the 320-acre Cell Group is 16 acres. Converting the 16 acres to
square feet, you have 696,960 square feet.
Staff was looking at how to distribute -- determine how the 696,960 feet would be
distributed throughout the Cell Group. Since Cell Group I conservation criteria
requires that conservation be focused along the Temescal Wash and because
Temescal Wash runs along the width of Cell Group I, staff distributed the 696,000
acres or so square feet along the width of Cell Group I, which is.2,644 feet and with
the division of the 696,000 square feet divided by 2,64Qcarne up with 264 feet.
While the City and the RCA determined that 2€34ff:)et wasqgnsistent with the
MSHCP and was the optimum set asidf:),>staff recognized the>importance of
commercial development opportunity at the siteiand concluded with the concurrence
of RCA that a lesser set aside of 175 feet is enol1gpto support biologically diverse
habitat within the meaning of the MSHqF?e;md that anyTe~ser conservation amount
would be inconsistent with the plan. City staff$ljpports>the 175 feet set aside as
consistent with the MSHCP.>and believey>that it defines the maximum allowable
development footprint. consi~tent with the.rnost flexible interpretation of the
conservation criteria. As~qQh,staffQf:)lieves that the development of the 9.09-acre
site with a 75-foot wiqthas proposed is not consistent with the MSHCP.
Finally, if the Planning Cgmmissi()n rejects staff's recommendation and instead
recommends that the City Council find Castle and Cooke's proposal consistent with
the MSHCP and if the City Council concurs with that recommendation, the project
will move to the MSHCP ad hoc committee prior to final City Council determination.
According to section 6.6.1 (e)(4) when the City and the RCA disagree on a project's
compliance with the MSHCP, the matter shall be submitted to an ad hoc committee
made up of elected officials representing the RCA and the City. In the event the ad
hoc committee is unable to make findings of consistency with the MSHCP, RCA staff
must notify the wildlife agencies of such action by the City within 14 days. At that
Agenda Item No.1
Page 11 of 49
PAGE 12 - PLANNING COMMISSION MINUTES - JULY 3,2007
juncture, the wildlife agency may then consider the suspension of all or portions of
the incidental take permit.
That would conclude my presentation. I would like to defer to our City Attorney for
further explanation of the process of this project.
Chairman O'Neal
Before you do that, before you do any deference, I was remiss in not opening the
public hearing so please open the public hearing.
Deputy City Attorney Santana
Okay. I just want to clarify a little bit here of the Planning
Commission's action is. We have a cppple of avenues the Planning
Commission can take and just thought it would bEL beneficial to outline those
avenues before we get into the substance so that tHe.substance can help you sort of
process through. So the first optiorfTsJor the Planriirig.Commission to approve
staff's recommendation. The second option PI?lnhing Commission to reject
staff's recommendation and<that second option can made up of two sub sets: one
to either recommend that the City Council find Castle and Cooke's proposal
consistent with the MSHCp.YiOr; B;.tQreconimend that the City Council find some
other number, aside from the<75.feet or the 175 feet, is consistent with the MSHCP.
Now, if you take either oUhe approaches that are set forth as sub sets in the second
option, if you reject staff's recommendation, just wanted to let you know that you will
have to make findings. You will have to articulate reasons why, on the record, your
recommendation is Qeing made and why that recommendation is consistent with the
MSHCP. So I just thought that I would throw that out there and hopefully you could
take notes during the presentations to make sure that you can extrapolate
information either way.
Chairman O'Neal
Thank you. That completes staff presentation; is that correct?
Agenda Item No.1
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PAGE 13 - PLANNING COMMISSION MINUTES - JULY 3,2007
Preisendanz
Yes, it is.
Chairman O'Neal
I know the applicant is here and Mr. Scott Thayer, is it you or Mr. Tom Tomlinson
that would like to come forward? Scott Thayer, okay. Good evening, Scott. Please
state your name and address for the record.
Mr. Thayer
Good evening Chairman O'Neal, members of the CQrnmi~~ion. My name is Scott
Thayer, Vice President of Commercial Development for CastlEt&Cooke, addressed
at 2470 Tuscany Road in Corona.
First of all, we are also developers of thei1~3-ac~~project in corona, highly
successful, where we dealt with, in that case, Joseph'~.Canyon Wash. We relocated
oak trees that we didn't have to. I think we spent bet\IV~@n 300 and $400,000; no
one forced us to do that. We've then, agc;iJri,planted.lhat project with a native
palette, something thatwasE@quired of usion a portion of that to the Joseph Canyon
Wash, but in the entireprojectthat was at our leisure. So we feel that, you know, we
are an environmentally friep.glydeveJQP@Lcmd we have taken a look at this particular
site and .VVanted to reVigw itwi.th you. Today I'm only going to touch briefly on the
subject matter. I havea<f~w consultants that I would like to bring up as they have
more technical expertise, <Qot at this time, but a little bit later; Steve Miles, Hardy
Strozier, Dr. Jack Turner, biologist, and also from Castle and Cooke, Tom
Tomlinson, who handles much of the residential projects here and around Lake
Elsinore.
We have a number of commercial properties that we plan on developing in this city,
and those that we haven't acquired or don't own, we're going to make an attempt to
go after those as well. So hopefully we'll be seeing you time and time again and,
with any luck at all, staff and ourselves will be coming up with the same agenda. So
that is the intent.
Agenda Item No.1
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Let's just start from the beginning, just briefly take a couple of minutes. We started
this project back in September 2005. At that point, Castle and Cooke and City staff
were on the same page and, in fact, staff -- we had our meet and confer session at
the RCA. Staff made the arguments for us that our plan was consistent with the
MSHCP so that we can move forward. However, soon after that meeting, we found
that the -- that had changed and since then we've been fighting this battle for a long
time and, as Rolfe had mentioned, we have met a numb~rOftimes trying to, each
side, layout the information so the other party knew what the other was doing in
trying to resolve this. Unfortunately, we have notpeen abletQido that in this case
and that's why we're here tonight and what we're going to be asking you for is that
our plan is consistent with the MSHCP plan andth.at wewant you to s~nd it up to the
Council with your approval.
If you had an opportunity to review that~tSlff report andth~/accompanying material
that we sent in, I just want to touch base briefly()rt~9meofthe high points that I saw
in that -- that was in thatlett~r. First of.all, you hear tonight a lot about -- here's
where we have the issue with the staff's analysis -- you hear a lot about interpolation
and coming up vvith thing$th.at,in/ouryt~vv,was kind of stretching trying to get to it,
to a point, and sitting on a position and all along this project came in at the very
beginning dealing with facts. We only want to deal with facts so that we could come
to either the RCA or thispody and have a strong argument that yes, indeed; this
project is consistentvvithJhe plan.
So with that, this project is the entry to the northern part of the city. It has
commercial implications that are, in our opinion, far and wide that something special
is going to go on here in the near future -- in the very near future, in fact. Our
proposal calls for an 825 -- a long 825-foot wash, a 400-foot conserved area closer
to Lake Street, and I know staff had just mentioned it was 75 feet. In fact, we
actually have 400 feet and then it narrows down to the 75 feet. So we have that.
The actual width of the creek is eight feet and the site currently has one percent
Agenda Item No.1
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riparian vegetation and 99 percent non-native with much of that eucalyptus. The
MSHCP targets six birds, two of which are listed, none of which are located on the
property. So we don't have species; we don't have habitat. Why are we here?
Good question.
There's also discussion that because this property is adjacent to lands that are
excluded from the MSHCP because of a settlement, that there should be more
scrutiny placed on this property. There's nothing in the M~HCP.plan that says that.
Also, in much of the discussions with staff in a num.bel"bf meetings, the concern
was, well, if the species and the habitat isn't there.noV'Jj well, we're looking for -- into
the future of what it could be. Well, what itcould be -- there's alotof things that
could be. I mean, if you have a piece oUt in the>middle of nqWhere maybe
something will happen on that as well. But we're<nat dealing, again, with facts. A
couple more items here.
One of the slides shows the adjacent prgperti~~ that have already gone into
conservation and due.toa<HANS Proces~and an ~cquisition, if you add those two
together, that comes to apprqximately 72 percent conserved already. Now, on
behalf of the RCA, I believe> someopeisacquiring on behalf of them additional
properties adjacenttgthose,which, when you add everything up, it's going to be in
excess of 8.5 percent more than the targeted -- that which is targeted in the plan.
So, you knoW, with that, tq~re's no requirement that this conservation -- that going
through this stream hasta be a certain size. Take a look at the biology and kind of
leave it up to the actual species and habitat that's on the property and make a
decision and I think that's what we've done and we've done a good job with that.
With this, I'm going to turn the rest of this presentation over to Steve Miles and he
can walk you through these slides. Thank you.
Mr. Miles
Thank you, Scott. Honorable Chairman, members of the Planning Commission, it's
with great pleasure that I'm here today presenting this information to you. It's been a
Agenda Item No.1
Page 15 of 49
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long time and it's a pleasure to see some familiar faces. A little bit of background on
my expertise since we are dealing with evidence and facts and, as the City Attorney
pointed out, there may be an issue with making findings based on substantial
evidence in the record. So by way of evidence, and by way of my background, I
have an ecology degree from the University of California at Irvine and I also have a
masters in environmental sciences along with a Juris Doctorate so I do feel as
though I am qualified to at least nibble on the periphery of some of the science that
goes along with the legal issues that I'll be going/tnrougb mostly with you this
evening.
I'm going to have a substantive argument, procedural argument, and I'm then
going to hand this presentation over to our team biologist, Dr. Jack Turner. We're
going to be getting some into fairly -- some minutia in detail, so, at this time, I would
encourage at any time, feel free to il1lerrl.1pt my present~!i9nif any questions come
up because I think that it's appropriate/to ask;th~mcyvhentne question comes up as
opposed to at the end ofmypr~sentation.
I'm going to start offwith a nuts and bolts review of the MSHCP and the self criteria
consistency analysis thatW?lssubmitt@qtoyou as early as late 2005. As you see
here, lay of the land, this is the proposed conservation boundary, we've got Cell
3854, which is an indepe~qent Cell, and you have Cell 3751, which is a portion of
the Cell Group J that we'IIpe referring to quite extensively. With respect -- we can
go to the next slide.
With respect to 3854, the Cell Group here and the individual Cell, the critical piece of
this Cell consistency is that 10 to 20 percent of the Cell is to be conserved in the
northeastern portion of the Cell, which is right here. That hashed area is
approximately 20 percent, so that's the high end of the range. So with respect to
that individual Cell, there really is no way to make a finding that the project as
proposed is inconsistent with Cell 3854.
Agenda Item No.1
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PAGE 17 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Moving onto the northern portion of the parcel, we have Cell 3751 which
encompasses the lion's share of the property and that is in Cell Group J. The basic
part of Cell Group J, and it looks like a J, is that approximately 75 to 85 percent of
this Cell Group is to be conserved in the northern and western portions of the Cell
Group. Again, this is the parcel in question. The northern portion of the Cell
Group's up here, and the western portion is here, and here is what is already
conserved, 1,360 acres. So we're already at -- just withthese.holdings right here,
you're at 71 percent of the Cell Group. Later on, HargyStrozier is going to present
some information on some case studies and k~~pin mincf~bat number of 71
percent. Even though the Cell Group J says 75 to 85 percent,. We're going to be
talking about the discretion that this body has in interpreting and applying criteria
under the MSHCP.
In addition to that, those holdings, 36p89nd 3751 ,th~r~.'~> additional acquisition
efforts that are under way, negotiationsJor a9qui.~itiQJ1. Right around this little piece
here, there are severatpo~tings that thel~nd is for.cbnservation purposes. So the
reality is that withthEfconservation of thiS,t..ultimately you're going to go to 1,571
acres and you're goingtbbe atabouL8?<percent of the Cell Group which, again,
we're getting to the upper rang~ of the conservation requirement for Cell Group J.
This also doesn't take into consideration Interstate 15. This whole entire area --
there's Interstate 15 right <there. If you include the 1-15 territory, you're actually
getting close to 95percenfconservation for Cell Group J.
Okay. If we go to slide 34. I want to turn to an analysis of Cell Group J. From the
staff report, you're familiar with the calculation that's been derived and that comes
from Cell Group I. Whenever you apply Cell criteria from one Cell Group to another,
you're applying Cell criteria that does not apply to the Cell Group; that's called
criteria refinement. And if you do that, you need to go through a procedure under
the MSHCP that provides for public information and scrutiny by the regulatory
agencies. By applying unilaterally Cell Group I criteria to Cell Group J, you're
Agenda Item No.1
Page 17 of 49
PAGE 18 - PLANNING COMMISSION MINUTES - JULY 3, 2007
violating the MSHCP. Arguably, that alone is an abuse of discretion and with
respect to the findings that mayor may not procedurally need to be made tonight, I
would recommend that if you deny this project, that you would be well-served to
make findings that support that denial because, again, things like applying Cell
criteria that don't apply to Cell Group J, that's patently an error.
I want to read a little bit -- just a couple passages from the staff report pertaining to
Cell Group J and Cell Group I and then I'll turn to the slide{ll1my review of the staff
report I was -- again, the recommendation is denial.l\,V@s surprised to see that
there wasn't a whole lot in the staff report thgt talked about. why the 120-foot
average, not 75 feet, 120-foot average, w@y that is inconsisterll>with MSHCP.
There's a lot about why staff believes that 175 Jeet qrrwhy the RCAJeels that 175
feet is the benchmark. I think at th.e end of the staff'rf:lport, it's something along the
lines of 175 is it. So 176 is good, 1.74i~pad; it's a bright-lined rule. I don't know
how you reached that, but that's kindpf th~)an;:ily~is. .. Now that goes to why the
City's staff believes thattheirproposal is~phsistent.\Nith MSHCP but the staff report
does not have a lotofinformat.i.on and it doesn't really even attempt to back up its
conclusion that 120-foot averageiisincoll~istent. The closest that the staff report
comes isin one paragr;:iph. It says, "Recall from above that the conservation criteria
for both Cell Group J anq<Cell Group I require that the riparian areas for both Cell
Groups connect." Now, I<just offer that of course Cell Group I and Cell Group J
connect; they'reaqj;:icentto one another. And as you saw from the map, 75 feet
width downstream, that's certainly going to connect. It's actually going to connect to
an exempted parcel before it reaches Cell Group I, but we'll get into that later.
Continuing on with the paragraph in the staff report, it states that, "In order to
connect and to prevent bottle necking --" which is actually a conservation biology
term that our biologist is going to get into in a few moments -- the staff report says
that, "the width of the Temescal Wash should be consistent in both Cell Group I and
Cell Group J. Therefore, because Cell Group I requires 264 linear feet of land along
Agenda Item NO.1
Page 18 of 49
PAGE 19 - PLANNING COMMISSION MINUTES - JULY 3, 2007
the length of Temescal Wash to be conserved, staff concluded that the same 264
linear feet should be conserved along the length of Temescal Wash as it bisects Cell
Group J." Okay. We're going to talk about this calculation of 264 linear feet; it's
actually a width. You saw the diagram, it's actually an offset from the medium of the
Temescal Wash, which is interesting, but, basically, staff is saying that you need 264
feet in width for Temescal Wash and they derive this from Cell Group I.
First point, there's no evidence before you of a disconnegt.Ag.ain, this application
shows a 75-foot width of a riparian corridor that go~~:",;;~h~ adjacent parcel is an
exempted property and that continues on into Cell:~r6up I. S6connectivity -- there's
nothing in the record that talks about a disconnect. Second, the analysis here
ignores the exempted property. That's the reaEi~~ue her~ and I think it's something
that we'll want to discuss at the c1o~ing of my COmrTlents. The third point, 264 feet of
width has nothing to do with connecti\,fityilrnean, you h~\,f~connectivity at 75 feet or
263 feet at 174 feet and at 300 feet. There'stlQ.."whenyou talk about connectivity,
you think you'd hear aboutHthere's something precluding that riparian corridor from
going downstream.'"I"hpt's just not the cas~h~re. That's really kind of the closest
the staff report comes to~pying th?ti12Q-foot width is inconsistent with the MSHCP.
The bottleneck is, again, something that Dr. Turner will pick up on and, again, what
I'd like tb do is go to slide -... the covered project slide if you wouldn't mind, Michael.
Let's talk aboutCell Group I because there's two things. This is the actual language
of Cell Group I .and it does say the conservation will focus on riparian habitat
associated with Temescal Wash. Areas conserved within the Cell Group will be
connected, and, again, we have connectivity, to riparian habitat -- proposed for
conservation of Cell Group J to the east and Cell Group H to the west. Conservation
within this Cell Group will be approximately five percent of the Cell Group focusing
on the southern portion of the Cell Group. That five percent doesn't necessarily
have to be dedicated entirely to the riparian corridor. This is just like any other
quantitative criteria in an individual Cell or Cell Group. Five percent of the Cell
Agenda Item No.1
Page 19 of49
PAGE 20 - PLANNING COMMISSION MINUTES - JULY 3,2007
Group in the southern portion of the Cell Group shall be conserved. That's the
standard, not five percent shall be width dedicated to Temescal Wash. So this
whole take five percent of the Cell Group and then take that acreage and apply it
over the lineal length of the stream to come up with a width, that's not what Cell
Group I criteria really dictates.
Commissioner Zanelli
Steven, excuse me, you asked that I could stop you.
percent standard from? Standard of what, sir?
Mr. Miles
The five percent is actually in Cell Group I.as a criteria. It's right. here. It says
you get that five
conservation will be approximately five percent ofthei. Cell Group so there's a
number of Cells in the Group and it's from the I\t1SHCP exactly. The point here,
though, is you'll see that it doesn't say anything alongtp~Jjnes of Temescal Wash
as a linkage or constrained linkage shall be264 feet. In fact, the calculation is an
error because it isn'ta1QQ percent dedication to a riparian corridor. There's
certainly a focus on it, but it's not 100 perq!?nJ. And the critical point is that what
you're seeing is staff has>taken(icriteria frprti Cell Group I that derived a hard-lined
fixed number for a IinKpge arid;applied it to Cell Group J. On that point, let's go to --
let's startwith this slide/~nd then we're going to go into the standards for linkages
and answer the question, does the MSHCP require a fixed number for a linkage let
alone a constrained linkage?
Let's start with this slide. Reserved design is intended to describe one way in which
the MSHCP conservation area could be configured consistent with MSHCP criteria.
It does not represent the only possible reserve that could be assembled consistent
with the MSHCP. Flexibility is intended to be incorporated in the reserve assembly
process. This is why I point out the fact that it does not appear that the staff report
has the evidence to say that 120 feet is inconsistent. There may be various
configurations that are consistent and within the realm of discretion. I would argue
Agenda Item No.1
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PAGE 21 - PLANNING COMMISSION MINUTES - JULY 3, 2007
that 120 feet is purely and clearly within the realm of discretion and I'll point out that
when you derive 175 feet in width from the wrong Cell Group, that's an abusive
discretion.
Now, getting back to the question, does the linkage require a set, hard fast rule, you
know, ignore hydrology, ignore the organic nature of a stream, 264 feet, that's the
way it's going to look. No width requirements are set by the MSHCP for the
Temescal corridor and I'll go a little bit further. Nothing in the MSHCP states that
you shall ever have a width requirement for any linkageVApd, again, this is a linkage
that's talking about targeted avian species; wetgJked abouttp~ six birds. It's a
constrained corridor.
Now let me talk to you about linkages. If you gotq th~/Environmentallmpact Report
for the MSHCP. There was a whole round of commentary when people had
questions and they needed c1arificationapd.there was aWhqle litany of responses to
those questions. I'm going to read a feY\' oflpegCA r~sponses to those questions
that relate to linkages.
Response C2-5. "Linkages cannot be identified until after the cores are identified
and assembled." This talksgDOuti:l sequencing that we're going to get into a little bit
more when we startifiguring.out where's the City with their core conservation?
Continuing on with thar~gme response to comment, "Accordingly, the linkages do
not have hard-lined conservation boundaries at this point in time and will be
assembled in a mosteffIcient manner possible."
Response to comment J4-10, ''The dimensions of linkages as well as all other
components of additional reserve lands are provided through interpretation of the
criteria as development and reserve assembly proceed." And here's the one that's
most on point. Same responsive comment, J4-10, "Width and length of linkages are
specifically not proscribed in the MSHCP to allow flexibility in reserve assembly and
to benefit from property-specific information anticipated and become available during
the long-term MSHCP implementation process." That's what we're talking about
Agenda Item No.1
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PAGE 22 - PLANNING COMMISSION MINUTES - JULY 3, 2007
right here. You now have, and you're going to hear from the biologist, about project-
specific information. And the fact that you're -- the staff report is taking Cell Group I
and they're coming up with a tenuous argument about a 264-foot width for Temescal
Wash. The MSHCP specifically did not proscribe that. It's contrary to the whole
concept of a soft-line conservation plan.
I'd like to also talk about the proposal that the City staff is giving tonight. I think it
might be -- and, again, this is getting into what findings thisb6dy may need or may
not need to make -- but I'm kind of curious what thatpr6posal really is. I mean, we
all know that it's 175 feet in width and we sawJhat offset 6ff>.Of Temescal Wash.
There's a couple factors with that 175-foot ,^,jgth. One is if you hav(;l9 homogenous
or the same 264-foot or 175-foot width, you'regQing toac!ually increase edge effect
on -- for Temescal Wash in relation to the 400-footwidth that contours down to 75
feet in width. It's because that connectivity and the volume, if you look at it, or really
its acreage, that is on the front of thatpropertY;.~9s yoU're moving downstream if
you have a 400-foot frontage. and it tap&fs to a 275~foot frontage, you're going to
have less linear area. So you're going to have I.ess edge effect.
One other point with respect tOtheprojecl.is that if it's just 175 feet, that's going to
get you into kind of what's calleg a LEAP Two process. It's going to be fine, pay for
it, acquiredt somehow'9nd alsovv'hat's being proposed right now is 120 foot on
average with an enhancement of the biological characteristics of the stream. If it's
175 feet by this applipation of Cell Group I criteria -- that doesn't include
enhancement -- so you're going to get 175 feet of eucalyptus woodland so that's
something -- it's kind of -- I'd like to maybe know a little bit more about what City staff
is proposing because I didn't really get a whole lot from the staff report on what
they're truly proposing.
Chairman O'Neal
Steven?
Agenda Item No.1
Page 22 of 49
PAGE 23 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Mr. Miles
Yes, sir?
Chairman O'Neal
We need to move this on a little bit.
Mr. Miles
Okay. I'm going to just briefly touch on the -- I'm done with my substantive
argument, Mr. Chairman. If I could -- allow me a coupleofiiilqutes just to kind of
touch on some procedural arguments, I'll get through it.re~Hquick.
We can talk a little bit more about the discretion of tbisbody andll'laybe if it gets to a
point where you might want to ask a question, I can elaborate; but the plan
specifically states the RCA does not usurp locallanquse controls. Through this
conflict resolution process, I would offer that wher'liYou go 20 months on a LEAP,
especially a LEAP One, it's certainlyiwithin the discretio!;)qf this body and it's within
the MSHCP implementation policies toreviewit,/~~nd it/on to the City Council and
that's it. The alternativedl~pute resolutior'lprocedures in the MSHCP occur in two
areas; section 6.1.1 and in section 6.6.2(e). Now, 6.1.1 is the HANS Process or the
LEAPs Process and it's adiscretiQn~rydi~pute resolution process that the applicant
can go through
Chairman O'Neal
Can I stop you just for a sepond.
tcfrea.d --
Mr. Miles
Yes, sir.
Chairman O'Neal
I'm not quite certain I followed that exactly. Are you saying then -- I don't want to put
words in your mouth, but are you saying that it's not--
Mr. Miles
I probably said nothing of clarity. I'm going to -
Agenda Item No.1
Page 23 of 49
PAGE 24 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Chairman O'Neal
-- that it's not necessarily that you need to go to the ADHOC Committee for
resolution?
Mr. Miles
Correct.
Chairman O'Neal
That is in fact the City -- I'm not quite -- could you --
Mr. Miles
Sure. What I'm going to do is -- let me read -- actually,..sectioni6.6.2(e), which is the
joint project review meet and confer introductory paragraph. This is what meet and
confer comes from. The introduction says that, "To ensure that the r~quirements of
the permits on the MSHCP, the implemented agreement are properly met, a joint
project acquisition review process shanp~:jnstituted bytl1egCA. This process shall
not in any way limit the permittee's local. landgse(authority, prevent a permittee from
approving a project, or change the provi~ions of the HANS process described in
section 6.6.1." What I'm telling you is that ill section 6.1.1 is that alternative dispute
resolution process that's discretionaryanp. it's a vehicle, it's a tool for an applicant to
go through. Again,thejointpr9j~ct review time periods, the 14-day JPR, or the 30-
day meet and confer, the 30 days for the ADHOC Committee, those time periods
have come and gone. It Yvould be well within your discretion to say, look, we note
that 6.6.2(e) talks about how the LEAPs Process and that eight alternative dispute
resolution processes cannot be changed by the joint project review provisions and
you can move on.
Chairman O'Neal
So basically what you're saying is that City Council can be the end to all to this?
Mr. Miles
I would offer that. It's certainly under the facts of this matter. Again, in one of the --
everywhere you look it talks about -- especially when you're dealing with the BOR
Agenda Item No.1
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procedure, is that there is no usurpation of the local land use authority. It's within
your discretion to decide procedurally what you need to do with this project.
Chairman O'Neal
And the final authority is City Council; is that correct?
Mr. Miles
Correct.
Chairman O'Neal
Although the Planning Commission could make a recommepgation.
Mr. Miles
Correct. And that's very clear from the impl~mentation policies and'iCigain, I'll read
verbatim that, "If the applicant and planningst~ff' angthis is where3We're at right
now, is that there are four basic options available t~lbe applicant. One is to initiate
a conflict resolution process. Again,<jPthe.LEAP contextl<tbCit'S discretionary for the
applicant. In the JPR context, it's com~ andg6h~Cind that JPR dispute resolution
cannot modify the LEAP<di$!:?LlJe resolution process.
Chairman O'Neal
So in other words, the sentencefbat'$.on page seven of 18 that reads, "The matter
shall be submitted to
ADIHOC committee made up of elected officials," is not
necessarily correct.
Mr. Miles
Yes. I would say that you
Chairman O'Neal
The City, in fact, does not have to go to this ADHOC Committee; correct?
certainly --
Mr. Miles
Correct. Again, the fourth option in the implementation policy is proceed with a
conflicting land use design with recommendations of project denial from the Planning
Division to the Planning Commission and/or the City Council. That's where we're at
right now and, again, I mean, 20 months -- really 22 months, you can certainly -- it's
Agenda Item No.1
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PAGE 26 - PLANNING COMMISSION MINUTES - JULY 3, 2007
a procedural issue, so your discretion and your land use authority certainly it's within
your discretion. And I would offer that it would be futile at this time in the game to
then go back and try to hash this out through a meet and confer. It's just going to be
a delay.
Chairman O'Neal
Right. Would you mind moving onto the biology part, please?
Mr. Miles
Yes, actually, I will. At this point in time I'd like Jg>introduce Dr. Jack Turner.
Dr. Turner is a -- in addition to being a field biolqgist,he's a professor and he's not
just a professor, but he teaches post-doctorates at a University. Ide's very familiar
and intimate with the site and he'll run throUg@JhepTolpgy for you;> Thank you,
Mr. Chairman.
Chairman O'Neal
Thank you, Steven. For the record, Dr. Turneb: Tsthat cqrrect?
Dr. Turner
Yes, sir. My nameis-- I'm
Jack Turner. I am the project's biologist with The
Planning Associates, 31&1..AirW~yvAvenue in Costa Mesa. I am a teaching
professor on sabbatical leaVe from Sam Houston State University in Huntsville,
Texas, where we put a Iit~I~. differ~nt referendum on target species than they do here
in California. By way of in~roduction, I was told I should tell an attorney joke but I
don't think I will, but we had several selected. At any rate, by way of introduction, I
have 40 years of biological assessment and evaluation work behind me. I have
evaluated proposals in research for the National Institute of Health, I've done it for
the National Science Foundation, I've also worked with the Environmental
\Protection Agency in Washington D.C. I'm not -- although I'm from Texas right now,
I'm a local boy I was educated at Thornton High School, graduated from Cal State
Fullerton and went to UC Riverside, so this part of the world is not unfamiliar to me.
I have published in both national and international refereed publications on
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Endangered Species Act and species contained within the Endangered Species Act
and I have provided to you a brief a resume as well as a declaration of my views, if
you wish, or perspectives, on the viability of the MSHCP constrained linkage quarter
number six as proposed by Castle & Cooke. Mr. Strozier either has or is in the
process of handing out to you a number of handouts that will accompany my talk
and I have provided you also kind of a running script, if you wish, of my comments
here.
I guess at the outset, there are several things that botherime. First of all, the staff
and the RCA with its MSHCP biological description on the 909 site is almost totally
in error in terms of its description of what isthere. In my opinion'the staff and the
RCA have picked out, or if you will pardon the expression, cherry picked the
information that has been provided in order to serve}their own opinions or goals. To
begin with, the staff on page four,pa~9graph two, ofth~agenda, describes the
Temescal Wash to be a special Iimitedresoqrceth9t runs through the project site.
Now it's difficult for meJOclassify a 98 percent exotic invasive stand of eucalyptus
trees with a streaming flow of sewer plant effluent running through it as some kind of
special limited resource. InTexas;w~woulgcall it something else. But, by the same
token, here it is accorded the highest of pristine types of environments. I fully
expected a mountain str~~Q1 with trout running through it. Furthermore, the Planning
Commission bas not beeh: provided with sufficient facts to make an independent
conclusion, only those facts which support the staff. The staff has failed to provide
these facts. I work .in. an academic community and withholding facts to prove your
thesis is considered an egregious and unethical act. But here we're dealing more
with political science and not real science; or are we?
There seems to be an inordinate amount of rhetoric surrounding the nine acres of
this near biological desert stand of dangerous invasive exotic trees that includes this
stream flow from the sewer plant. Castle and Cooke has proposed a series of
habitat enhancements to this site, yet these enhancements have gone unchallenged
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only that they are wrong or that the 75-foot buffer or strip through this ground for
conservation is inadequate; not why, but just that it's wrong. I can remember my
dad saying you can't do that, I'd say, why, because I said so. I'm sorry, that's not
good enough here. Just because they say so, I want some reasons behind it. None
of what they have said is supported by the published literature and most all of it's in
what we call gray literature or unreferenced citation.
As an example, there seems to be a controversy that ari.~esWben -- from what is
described by the MSHCP text as the proposed copstrain~d linkage number six,
serving to protect six species of migratory bird~/. The oper~tive word here is
migratory. They're not here all year round 7 migratory birds, onlyl\fllp ofwhich are
listed as the -- under the Endangered Species/t\ct, the.Jeast Bell's. Vireo and the
southwestern willow flycatcher. The remaining birqs -- the white-tailed kite, the
cooper's hawk, also known as the c~.iQ~~n hawk for thQ~~people who understand
that, the yellow warbler, and the yellow7preasteqB~9t -- nOne of these six migratory
species live in or near/the project sitee}hd they gouldn't even if they wanted to
because there's no habitat there for them.[h~ MSHCP incorrectly categorizes the
habitat that's found on thJ~site.B~fpr~wego into this, let me first clarify the City
staff's mischaracteriz~tion of<()astle & Cooke's proposed conservation easement,
commencing on page t~ree, paragraph seven, and extending throughout the
document, what they elude/to is the Castle and Cooke easement is a 75-foot wide
piece of ground. . Thj~ is not true. It's not a 75-foot piece of ground. It is a piece of
ground that is 400 feet extending down to 75 feet with an average of 125 feet which
is vastly different than if somebody were to tell you that it's a 75-foot easement
through the property. Now we'll return to this in a minute.
Important to our discussion are some very -- what I consider critical points. As most
of the California natural -- let me back up. The California Department of Fish and
Game produces a document quarterly called the California Natural Diversity
Database. What this is is a listing of observations that's produced quarterly
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throughout the state of California on endangered and sensitive species. What you
have in front of you is the most recent version of what was referred to as the CNDDB
database. You have the most recent database observations for the 9.09 acre site.
Notice that there is nothing within one mile radius. You pick up a few hits in five
miles, and after, in the ten miles, you pick up maybe one or two more but nothing
doubling in terms of distance. The reason being is the habitat is not there. The
primary reason for MSHCP planning species not being fo.und>bn the site is the lack
of habitat. The eucalyptus dominates this project$ite. The least Bell's vireo
requires rivering riparian habitats that typically f~?tur'e.a dense willow cover within
one to two meters of the ground and a deQse stratified canopy. That means you
have to have layering in the forestation. On this site,.)'ou have a depse packing of
eucalyptus trees and nothing more. At the eastemeQd of the site, there are a few
willows, a tamarisk tree, which is another~xotic, and that's. about it. The least Bell's
vireo requiring this kind of stratifiedgabitatapp>yousay what about the other
species. Well, the othersp(;jqies including the chatand the yellow warbler and the
willow flycatcher require aboufthe same king of habitat. So we're not talking about
just one species; we're talking abo\.Jthabit(.ltrequirements for all of these. And what
is said about the LeastBell'sVireo is that the most critical factor is that they require
a dense shrub layer at t~<;>to ten/feet above the ground. This is cited in works in the
MSHCP by Gold Wasserir,1981 and Franthrup in 1989. This just doesn't exist on
the site, yet the staff.yvouJd have you believe it does.
A primary reason, as I mentioned before, for the absence of this kind of habitat
relates to the fact that the eucalyptus tree is found on site. The eucalyptus tree
there exists as what we call a monoculture. A monoculture means it's just one
species; that's it. And the eucalyptus tree that is there exists as a monoculture
because that is what it evolved to do. It is extremely good at getting rid of
competitors; competitors being any other vegetation.
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Why is the eucalyptus tree bad? I believe in your package you were provided an
article up in northern California. First of all, the eucalyptus tree is a fire hazard. Its
deciduous bark, its deciduous leaves, and it also is what we call a self-pruner; it has
deciduous limbs which happen to fall off at usually inopportune times; when your
car's parked close or somebody's walking underneath. They're shallow-rooted. You
get a little water -- you'd like to get a little water, but if we get any water, the roots
become loose, a wind will take them over. It is an enteric toxih.What that means is
if you eat it, you die, unless you're a koala bear. SJrtce>most of us are not koala
bears, if you eat it, you die. Not only do humans gi!?, but so dotQ!? wildlife that eat it.
It's an extreme enteric toxin. It's also a phY!9toxin. It sends out che.micals from its
roots and its leaves that prevent other seeds from gerrrjinating and other plants from
growing; hence, we have a monoculture. It also is. capable of suckering off. If
you've ever cut down a eucalyptus tree,Y9l..1 know very/quickly it suckers back from
the stump. But more importantly it will~uckeriOgtfrom its>roots at virtually any time.
So it continually spreads its growth. In fa~t, many eucalyptus trees are all the same
age within a growthbe.causethey are c1on!?spf one another; genetically identical.
And of course. if they doM'.t.reprogl..l9~.Clsexually, they are 80 percent efficient at
pollination-- or germination, excuse me. So you have 80 seedlings out of 100 seeds
producedg~rminating. ThClt produces the monoculture.
Now, with that said, the MSHCP in section 3.1.4 in its description of conservation
principles and majorten!?ts calls for the protection of reserves from encroachment by
non-native species. Why, then, are we protecting a monocultured eucalyptus grove
on the 909 as being some kind of fantastic resource?
On the first page of your staff report, the MSHCP characterizes criteria Cell Group I
and it conveys the information that this description in Criteria Cell I is how the
Temescal Wash is to be treated. That's a bit of a stretch. It then indicates that the
staff extrapolated a calculation in order to recommend a riparian quarter of 264 feet
on the project site. They extrapolated this from a Cell criteria Group J. Once they
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came up with the 264-foot number, the County said they would accept 175 foot. Do
I hear 120? The word extrapolation is the operative term here because the term
extrapolation relates to a situation where a trend is continued beyond a point for
which there are facts or data.
Think of it as driving down the road looking only in your rearview mirror to determine
where you're going to go. What happens when the road turns? What you see
behind you is a straight road. The road just turned. Yoy>d6n't know that. That's
what extrapolation means. And in science, extrapolatign only is perceived under the
most rigorous statistical conditions. In other VYPEPS, they gUE;lssed. They made
personal opinion with no information. Persgll)al opinion appears lope the basis of
the staff's recommendation.
The MSHCP text is totally silent on corridor widtFiPT conservation set asides for
streaming, as I say, sewer treatmehtplQots, for the Teh'1E;l~Gal Wash. There are no
numbers about how wide a conservatio.n easement should be or how it should be
calculated. I once ml!~edthat we knowrt\6re about building the ark than we know
about building conservation easements; and that's true. Every situation is different
and that is why the MSHGPd6esIJi't.saY..Qhything about how wide or how long it
should be.. One sizeHppes nattit all. There is not information from the City staff that
you can use to extrapol~l~ to a 264- or 175-foot width based on that conservation
description. It is somewhat unsettling from a scientific perspective that if both the
City and the County have the same information, and allegedly the same calculating
ability, why they end up with two different numbers both meeting the same criteria.
Obviously, it must not be as hard-pressed as we like to think it is. Do I hear 120?
Even more contradiction is the staff's position that 328 feet is necessary for
endangered birds, including the vireo, to breed in habitat. That is to say the
biological opinion for the MSHCP says 328 feet is needed for these endangered
birds. So how can the staff claim that 175 feet will work? Obviously, there must be
a problem. Well, if the 175-foot corridor will work, how can they not explain needing
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a bigger width? The Castle & Cooke corridor is in fact wider than the 328 feet. In
fact, it's 400 feet wide at one description.
The question, in my reference to 125 feet, understand, that's the average width
across the project site. How can staff's RCA's 175 quarter work when they just
explained that they needed 328 feet in order to have reproducing habitat for the
birds? The Castle and Cooke quarter is in fact wider than the 175 feet.
It is further perturbing that neither the City nor the CountyYafeconcerned with the
quality of the habitat that is present, only the quantitYithec;lcres, or the number of
eucalyptus trees they can gather in; an exotic tre~y!!1at is sugg.e~ted by the MSHCP
not to be a benefit. The reasons why nonecpf the bird species OCCl,JJ is due to the
absence of habitat. You don't have 328 feetef riparian habitat; you don't have
hardly any. The staff's linkage explanation appe~ns to be similarly plagued by
inconsistencies. Quarters do not pro'lidelive-in habitaff~n.l:3Pecies in contrast with a
linkage. A linkage provides for perQ'lanentJ~~!g~nt live-in habitat as well as
movement habitat. Thisis;Jight out of the MSHCI;:)>section 3.1.4. The MSHCP's
been conspicuously omitted from the staff's
Conservation set asidetQsuppert a biological diverse habitat; that's on page six,
paragraph fOl.lf. Does the staff not realize this property is characterized by a
monotypic stand of eucalyptus trees with no diversity, no habitat for planning
species, and never will if nothing is done -- is not done, excuse me. The property is
characterized as part of the proposed constrained linkage number six suggesting
live-in habitat that has problems to begin with only -- on agenda page four,
paragraph three, it is stated that the MSHCP biological opinion by the federal
government on the least Bell's vireo requires a minimum of 328 feet of undeveloped
landscape adjacent to the riparian woodland and scrub habitat. Obviously, that's the
reason why there's no birds there. I wish to give you two examples, however.
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Although the MSHCP biological opinion cites 328 feet, we have two examples very
close. One is a place called Strawberry Farms; it's a golf course; it's located in Sand
Canyon in Irvine, California; it has a similar creek corridor problem with a corridor
width of 75 to 120 feet in length -- in width. It has been the subject of ten years of
focus surveys including those of least Bell's vireo imposed by the U.S. Fish and
Wildlife Service and the California Department of Fish and Game and, at the outset
of the study, there was one pair -- there was a sighting of qnemale. There has now
been, in the ten years worth of data, between 16 and/tOO male sightings on the
same piece of habitat, essentially conditioned in th.~ same mar)r)~r that is proposed
for the Castle & Cooke property.
We have the Crossings just up the road, anoth~r Castle.& Cooke deVelopment. It
had a stream running through it as. well. It was simiJerly modified, except here we
have a 35-foot corridor. We have twQapQe half times th~>$pecies on that site as we
do on the 909. Just a little bit of vegetation iSgd~quc:lte.
I think one last thing I wantto<say, and tl1et has to do with bottlenecking. The term
bottleneck is a termWh.ich refers to evolutionary biology, conservation biology, and
population biology, it's acoJlectivet~rm, apdwhat it really means is a population die
off due toreduced>populatibns -- we're talking about a 50 percent die off. The
operative term is "populatiqp die off." You don't have any birds here to die off and so
there's no bottleneck. Birds can fly over the site, they can fly through the site, they
can fly down the interstete; there is no bottleneck. Twenty miles down the road is
the Valhalla for all least Bell's vireo and a whole bunch of other endangered species
at Prado Dam; 20 miles as the bird flies, so to speak. The site has been
mischaracterized. You have not been provided all of the information. I would
suggest to you that, based upon staff information, you cannot make a scientific or an
informed decision. I would hope that you would take some of these matters into
consideration. Thank you.
Agenda Item No.1
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Chairman O'Neal
Thank you, sir.
Mr. Miles
Real quickly, we're going to have two more speakers and at this time I'd like to
introduce Mr. Hardy Strozier. He's an AICP certified planner and I said certified, not
certifiable. He's going to share with you a couple of case studies, as I mentioned
before, with respect to the MSHCP and how the exercise.pfdiscretion works within
the plan.
Chairman O'Neal
Yeah, Hardy, before you start, and I really dp<..- I mean no
but if we can make it a little bit faster, I would appr~ciatethat.
Hardy Strozier
I'm going to ask Mr. Miles here tdhand out somertiaterial. It's titled "Criteria
everybody,
Refinement." I just want to re-emphasize thafwhat is called for in making one --
trying to take one bit ofll1fQrmption from Cell Group!, Cell Group J is not permitted,
and I'm just giving you.the law out of the M$HCP. Now, two other things I want to
point out; two case studi~~} My,th~~i~j~<that you don't have to go with 75, 85
percent conservation., In fact' staff's proposal would have you at the top of the
range,atJike 85 percenlQr 1 00 p~rcent of the top of the range and the city of Perris,
in a recent project -- and I'm going to hand out these documents to you -- on a 500-
acre project, the RCA and Gity went from 50 to 60 percent conservation where there
were endangered species on the project site and they said instead of 50 or 60
percent we're only going to require 23 percent and they based it on the on-site
biology. One other fact you should be aware of is that in this case the U.S. Fish and
Wildlife Service and Fish and Game disagreed with the RCA and City's position, yet
no lawsuit, no revocation of the permit occurred. Similarly, in your City here on a
LEAP that occurred in 2005, it was a tract that was in front of this commission,
Tuscany West Tract Map 25473. Similarly, the U.S. Fish and Wildlife Service
Agenda Item No.1
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recommended a higher percentage. This City and the RCA said, no, we'll do a lower
percentage. In fact, we will take what's required on this tract site and we'll say it's
been accommodated off site. We'll do it off site and the service said, no. Fish and
Game said, no. MSHCP says you can't do that without criteria refinement, but the
City did it anyway without ad hoc committee, without going to the service, and
nobody filed a lawsuit. My point is you have a vast amount of discretion to make
your own decisions. Thank you very much.
Chairman O'Neal
The last speaker is someone you all know,
Castle and Cooke.
of
Thank you, Hardy.
Mr. Miles
Mr. Tomlinson
Thank you, Mr. Chairman and membe~~ of tl'le~l~pning}Commission. I apologize
for the length of the presentation. It's a v~fy importc;fr'"lt subject to Castle and Cooke.
We have a lot of properties within Lake Elsipore. We're looking at acquiring more,
so it's very important to uS,sc>lapologi:zE3..I'1I make mine very brief. I just want to, in
closing, just ask the Commission in their vote to approve the request as presented
by the applicant and goito the Commission of -- with the recommendation -- the
Council with recommendation of approval. I think you could just simply do it based
on the facts and theinforriiation you have before you and what you've heard today.
A couple of other things that I'd like to talk about just very briefly, I think it would be
nice to -- if we could -- I mean, 20 months is a very long time for the process -- the
LEAP process. I know there are a lot of extenuating circumstances with this and I'm
sure the City has done many much quicker than that, but I think it would be wise to
be able to work with a developer in the community to look at the application of the
MSHCP citywide to ensure that proper preservation and proper corridors and proper
linkages are preserved. The feeling I have is it's almost like a land grab from the
Agenda Item No.1
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County. What I've seen them take north of the freeway at Lake Street and take
commercial property that I think would have been extremely valuable to the City from
a revenue generation standpoint, it seems like their land banking the City of Lake
Elsinore, which to me just doesn't seem fair. So I would ask that staff be asked to
work with the development community to really sit down and develop a program that
makes sense rather than just to do it piecemeal like it is right now.
Excuse me just one second. Part of that process, I think W.e need to establish, what
is the City requirement or the City expectation for participation in the MSHCP. I've
heard everything from a range, and I believe Joe Mpna.co has asked at our February
1 sharing or public hearing to come back with/a target acreage; I beHeve the Mayor
asked that. I don't know if he has or if anyone has come back, but I believe the
target acreage was somewhere between the 483Q>and the 7870 acres that were
presented in the original MSHCP withtheaqreage withihhake Elsinore.
Also I'd like -- in a second area I woulq also<lik~tQ seethe City work with Pacific
Clay property -- the actual~ettlement agreement reqUires that there's a coordination
between the City andthe developer to impler;nept that settlement agreement. I think
part of that implementation)iscoordinating these areas around that exempted
property... A lot of what we've beard today is in Cell Group I which is all of the
exempted property from the MSHCP, everything within the corridor that as been
addressed today. I think it'~ important to actually establish what that means. How is
that going to be coordinated with Pacific Clay. Again, it goes back to the overall
implementation of the MSHCP within the City to be part of the same program so I
would like to have those two things -- I suggest those two things in the future be
done by the City staff.
We are here with the consultants that we have here and Scott Thayer is here to
answer any questions that you may have. I know it's a very complex problem and
topic, so if there's anything we can answer, we'd like to do so. Thank you.
Agenda Item No.1
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Chairman O'Neal
Thank you, Tom. If you wouldn't mind sitting down in front. This is a public hearing
and I do have no request to speak on this topic. However, anyone wishing to speak
in favor of this may do so at this time. Anyone wishing to speak against this -- oh,
sure. That would be Mr. Good; is that correct? Please state your name and address
for the record.
Jim Good
My name is Jim Good. I'm the attorney for MariachJCeramics of America, MCA,
which manufactures a very high-end roofing tile inic;orona and,8!3 I mentioned at the
joint workshop back in January, we will be bringing into this CommiSsion a proposed
project for mining a property on the east side 6f4he 15,;aJew miles up/northerly from
Nichols Road. It's a mining project that leads tqil,lltimately a development and
commercial-type development. We dqA'th?Ve a dog irilBi!3Jight, but we have a dog
in the process and so what's happening in terrpSofproc~ss is extremely important to
us and so that's the re.asonl'm. up here speaking. I'm not going to try your patience
to listening to more speeches tonight, but th?t's exactly why we're here and so what
you do in terms of this prq(3~ss isv~ryprepedental, we believe, to the MCA project.
So thank you very much.
Chairman O'Neal
Thank you. Anyone wishing to speak against this may do so at this time. Anyone
wishing to speak at/all? I will close the public hearing at 8:25 and start with Vice
Chair.
Vice Chair Gonzales
I'm very familiar with this area. It goes back a long way and I hope this doesn't
continue arguments beyond where that little bridge is. My daughter was thrown from
a horse right at that site years ago before the freeway was in. If we look at another
project, if we block it up, how much when we look at flood plains in 1980 when we
had the floods, the flood backed up from Lead [phonetic] Lake, which is now Corona
Agenda Item No.1
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look, into the Darooter [phonetic] project and that was around '79 and '80 and I know
it was -- we were on that road constantly because my daughter was engaged to
Darooter and she -- we constantly went by the road and it never did flood in that
area; that spot. It flooded down by the Kitchell [phonetic] house farther down.
So, after talking with Castle and Cooke, that first week when they showed us the
project, I went down there and looked at the project and I stayed in my car and spent
about half an hour because I wasn't dressed properly to walk into it. I didn't hear
anything at the site. Two days later I went back againwithl.evi's and binoculars and
went down into the site in my -- the first main area I
appliances, and a large amount of other
Chairman O'Neal
toilet bowl, trash,
May I stop you just for a second? Just so that
at the high school here.
Vice Chair Gonzales
Vice Chair taught biology
For 36 years. When I finally got down
I heard a large amount of
birds, I did see a tohee and a number of hummingbirds. I heard a lot of other little
birds, I saw a couple sparrows. JntotheelJcalyptus grove area I saw one bird flying
overhead,but oneor~wo landed on there and then they took of very quickly. So that
front area is worth this land as farias save the habitat. I would like to recommend
that we go to City Council~Qd approve the 75-foot width for adoption.
Chairman O'Neal
So the Castle and Cooke --
Vice Chair Gonzales
In favor of Castle and Cooke --
Chairman O'Neal
-- proposal?
Vice Chair Gonzales
-- proposal, yes. That's my recommendation.
Agenda Item No.1
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Chairman O'Neal
Mr. Mendoza?
Commissioner Mendoza
First of all, I'd like to say that I really depend on our staff and I trust them. I'm always
asking them questions and they're always helping me and I just can't thank them
enough. So when they really have something and confront me like this I spend a lot
of time on it and I spent a very long time on this. I really did.>Mr. Tomlinson, you're
right. It has been too long of a process. We need to streamline this. We really need
to streamline this.
I'm not an expert on MSHCP. Like everyone.else, the following is my. interpretation.
It seems to me that the 75 feet or 22 percept ofa\conservatiorr footage be
considered a constrained linkage, key word, key tetrminology being used. After all,
the definition of an MSHCP constr~i!"l@d . linkage dO@~rlot have a formula to
determine the size of the constrictedconnegtibn;>pnly that a constrained linkage
exists. And if that linkage exists, it would ensure .Cf non-contiguous habitat block
does not exist. Cell Group Estates approximately five percent to be conserved.
That's not a minimum or a maxirnum;jt~9Ys approximately five percent. So, again,
it could be> interpreted as longia~ a linkage exists and to prevent any bottlenecking
between. Cells, MSHCPC5!me up with key terminologies like constrained linkages.
Also, I believe that the MSI.HCP biological opinion should reflect a dangerous species
in there, eucalyptus trees.> With that being said, it's my interpretation that this project
is consistent with theMSHCP. Thank you, Mr. Chairman.
Chairman O'Neal
Thank you, Commissioner Mendoza. Commissioner Flores?
Commissioner Flores
Thank you, Mr. Chairman. I'd like to thank Castle & Cooke for their presentation and
I have a few words of my own. The applicant has requested that this Planning
Commission consider and make a recommendation to the City Council regarding
Agenda Item No.1
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whether the development footprint in LEAP 2005-12 is consistent with the Western
Riverside County Multiple Species Habitat Conservation Plan. As all know tonight,
the MSHCP has indicated and identified as assessor parcel number 390130-017
and according to the Alberhill Ranch Specific Plan, this proposed project is zoned for
commercial specific plan uses, and the City's general plan land use map designates
a project site as Algreio Ranch Pacific plan. The project site is located within the
Elsinore area plan in Cell number 3751 of Cell Group J.i>And independent Cell
number 3854, with certain properties owned by Mr. Mgfdogk, are not subject to the
MSHCP process per agreements in the Memorand~mof Under$taflding between the
City of Lake Elsinore and the County.
The 9.09 project is in fact a part of a much larg~r Cell Group that fogUses MSHCP
conservation areas on the north sIde of the 1-15ff~~yvay where much of the land
within this Cell has already been set>$sideJor conserV8tipfl. Staff asserts the need
for a 175-foot wide corridor that takes 3..05 acre9g~, or acres, or 33 percent, of the
project site. Your concerns>arl3 based ontne width eliminating development north of
the creek and furtherXElstrict development sQuth. of the creek. It was determined that
said Cell Group one cons~r;vationcrit~ri9.Jequire conservation to focus along the
TemescalWash andQecaus~>the Temescal Wash runs along the width of Cell
Group r,<b~ing 2,640 line$r feet,$taff divided the width of Cell Group one, which is
found to be 69(3,960 square feet, and concluded that 264 linear feet conserved and
satisfied the MSHCP. Staff concluded that the same 264 linear feet should be
conserved along the length of the Temescal Wash as it bisects Cell Group I.
As you're aware, staff recognizes the importance of a commercial development
opportunity at the site to the developer and the City. City staff and RCA further
evaluated the application 2005-12 and have balanced numerous issues in
unfounded factual positions. The City and the RCA determined that the 264 feet
was consistent with the MSHCP and was set aside for further review. RCA and staff
including the City staff revere, by the way her name is Mrs. Wendy, concluded that a
Agenda Item No.1
Page 40 of 49
PAGE 41 - PLANNING COMMISSION MINUTES - JULY 3,2007
lesser set aside of 175 feet is enough to support a biologically diverse habitat within
the meaning of the MSHCP in that any lesser conservation amount would be
inconsistent with the plan. In other words, a workable solution based on the MSHCP
and federal laws and not based on personal opinion and personal standards were
adjusted in accordance with the laws of the MSHCP. Castle and Cooke declined to
accept an offer no more than 75 feet.
As we are aware tonight, staff supports the 175 and belieVes that it defines the
maximum allowable development footprint consistehtwith the most flexible
interpretations of the conservation criteria. It is mYl,mderstandin9that U.S. Fish and
Game found this project not consistent witt]}the extent that conservc;ition that has
been identified by the MSHCP to assemble prOpqsed (core one in this area. Based
on the evidence presented, the finqings and exhibitsPJovided to me by staff and the
applicant's letters of comments, I fiop}that the appliclEipt has one analysis of the
interpretation of the MSHCP and I findJhaf stafft]c;is identified the inconsistencies
interpretation of these .entitie.s. I have ex~ressed cqhcerns over the development of
the 9.09 acreage site and find staff's r~9o.D1mendation to proceed to council
justifiable. It has beendetE3rminedthc;itboth parties are able to reach a mutual
agreement and therefqrE3 approyal of the denial based on the findings and exhibits
submitted}to me are herewith stated. I must also include the following statement:
The 9.09 commercially zoned project site may be consistent with the MSHCP
reserve assemblycriteri8, and may be in compliance with the other MSHCP plan
requirements including urban wildlife and interface criteria. However, Castle and
Cooke position of denial of the 175-square feet agreement by City staff, which in my
view is found to be a neutral compromise, was found to be consistent by the RCA
and City staff and believes that it defines the maximum allowable development
footprint consistent with the most flexible interpretation of the conservation criteria
surrounding the 9.09 acre project site. By accepting the alternative position by City
Agenda Item No.1
Page 41 of 49
PAGE 42 - PLANNING COMMISSION MINUTES - JULY 3, 2007
staff in all of this project would in fact be found consistent with all parties including
the RCA. I have no further comments.
Chairman O'Neal
Thank you, Commissioner Flores. Commissioner Zanelli?
Commissioner Zanelli
Having grown up in Texas, I tend to shoot from the hip as being well-organized. I do
have a question for Dr. Turner, though. How did you arrive at the width that you did
of 120 feet average? The 120-foot average thaty.ouhad arrived at as being
unacceptable -
Dr. Turner
That was just a mathematical derivation betwe$pthe "Zpand 400 feet.
the 125
was acceptable? We have two other locations where.much smaller parcels of land
where we have 100 to 120 feet at Strawberry Farms and then we had 35 feet just up
the road where we had -- at least ways>at the Strawberry Farms we had Least Bell's
Vireo, which is one of the two endangeregspecies,iSo, based on that -- and we
can go on-site otherlp9ations where Leastil;3eU's Vireo occurs in less than the 125
feet that we recommenddovvnto 35 fe.et.
Commissioner Zanelli
In addition to that, should you be approved -- Castle and Cooke be approved of this
project and the area where it be mitigated, what amount of time would you expect
before you would have the species return to this area? Five years?
Dr. Turner
I think that's a good round number. It all depends upon -- it's not a matter of if you
build it they will come; it's a matter of if the birds are flying through and they stop and
say, hey, this is all right, if the habitat is righteous for them, that's where they'll be.
Now, we can go on and belabor all of the other characteristics, but some of the most
important things happens to be that eucalyptus grove.
Agenda Item No.1
Page 42 of 49
PAGE 43 - PLANNING COMMISSION MINUTES - JULY 3.2007
Commissioner Zanelli
I walked through the entire area so I'm very familiar with what's there including the
stolen, stripped cars.
In regard to our staff -- tonight you presented us with a lot of information I wish I had
several weeks ago. Instead, I can't go through it tonight, but I have gone through
other letters and things that have documented conversations and letters that have
gone back and forth and I have to tell you that our staff isgofngthe best they can to
try to implement a plan that we aren't all necessarily psnicl.lJ€3r1y in favor of. So any
time that you think that they have some person€31 bi€3s in thl~IYou are incorrect.
They would love nothing more than to be ablato justify your reque~J, but they feel
they have to for the protection of the city and the take permits to provide what they
feel is a sound basis to stand on. So we're not in opposition to you, especially
Castle and Cooke, because you've doneli?Q much for th~>City. So I don't want you
to ever think that the staff is not on yourli?ide beCCll..lli?e I assure you they are not.
Dr. Turner
It's not a matter of side,. sir.
Commissioner Zanelli
on anybodY'li? side; I'm on the wildlife side.
Well, you spend tbornuch
Texas. You're a liar. You shoot them as they
move.
[Laughter]
Dr. Turner
Did you have any other questions, sir?
Commissioner Zanelli
No, not right now. I would agree that doing, you know -- to me, I'm not as intimately
familiar with the MSHCP as I'd like to be, but to me the entire purpose of this plan is
to protect and promote species and habitat and what is currently there certainly
doesn't do that. I know that the RCA, as they are grabbing land, I've been told that
they will actually do nothing with that land until it's all acquired, which might be 20
Agenda Item No.1
Page 43 of 49
PAGE 44 - PLANNING COMMISSION MINUTES - JULY 3, 2007
years down the road. During that time, there's a heck of a lot that can be done with
properties like this that are mitigated and replanted with native habitat that would
actually, you know, follow the intent of the plan. That's alii have to say. Thank you.
Chairman O'Neal
Thank you, Commissioner Zanelli. Before I start, I do have a couple things I'd like to
say. I used to teach the history of motion picture when I was at Cerritos College and
I used to rate films one through five; one being an exciting film, five being a butt
numbing scale. In fact, I called it my butt numbing ~Qale. To be perfectly honest,
this is a six. While I find the staff position on thi~ itern intere~ting, I do not find it
persuasive. Therefore, I cannot support th~recommendation tdd.~nY Castle and
Cooke's development footprint for the so-callsd~JP9-acre.project. In addition, I find
that it is more than consistent with the MSHCP.
A number of years ago, Kevin Costn~(rn?lde a film abol..ltnostalgia and loss called A
Field of Dreams. Costner's character is an/Iowan corn farmer who becomes
convinced by a mysterious voice thattne is supposed to construct a baseball
diamond in his cornfield. He hears a whisp~ring phrase coming out of the corn, "If
you build it, he will come." .oniQUEl, $h9~I~sS Joe Jackson appears in a vision and
later for real to hitsqme of Costner's fastballs. After asking if this is heaven, Joe
disappears into the corl'l. Ultimately, Costner gets to play catch with his father
settling all the old scars Jhat he had with his father while he was alive. The
interesting twist in this film's construct is that if you are a man of science or a skeptic
you cannot see anything except an empty baseball field, which brings me to the first
alien point, the biology.
As been attested to of the six species listed in the MSHCP none have been spotted
on this property or even in this specific area. Of the six, only two were actually listed
by state or federal scientists as endangered and the closest was sighted a mile
away, mostly at Prado dam. It is equally true that in order to provide nesting area for
these species, most of the property would have to be taken and replanted.
Agenda Item No.1
Page 44 of 49
PAGE 45 - PLANNING COMMISSION MINUTES - JULY 3, 2007
The staff RCA response to the science then is if they build it then maybe the birds
will come. Since the closest species is miles away, I'm not certain how they get the
message. The response, of course, is, well we don't expect them to nest, we'll just
provide a corridor. Never mind that the 1-15 winds through this area; never mind the
so-called wash has only reclaimed water running through it; never mind it winds up
in a concrete channel as it meanders towards Corona. Currently, the plants that
cover this property, 95 percent, are non-native eucalyptusahd we are told this is
why species of birds do not nest or use this property, The mandate, then, by the
RCA and staff is to get rid of the eucalyptus and.)t€lplant native trees and shrubs to
create something called a constrained linkag~. This appears, inlhi~Gase, to be a
fascinating piece of junk science logic which T9P9res tpebiology andyhistory of this
and the surrounding areas. All one has to do is Id0K?t old photographs of the area
to find that there were no trees in thisatea.,and that witl"llittl.e checking you will find
that it was Charles Summer who planteq mostdf~he tre€ls in this area. Summer got
the seeds to plant eucalyptus from a man named O.W. Childs in Los Angeles.
Incidentally, Mr. Childswas an immigrant frqm Australia. What this really means is
that for over 120 years thesebirdshave.P9lhested in this area. Ironically, when the
City recently replanteq. the Main Street Park, removing a number of eucalyptus
shadetre€ls, they chosepqt to use native specimens but to choose other pervasive
non-native plant; the palm tree. I guess staff thought that birds didn't like parks,
which brings us tothe size of this constrained linkage.
According to staff ReA, this size or width should be over 100 meters wide of
undeveloped riparian woodland and scrub habitat. In a stunning example of
Byzantine logic and totally ignoring the science of today, staff offers a strange,
voodoo mathematical formula to determine the width. Since, as humans, we made
up what is one and one is two, we can state with a great deal of confidence that one
and one is two. It demonstrates nothing; but it must be right. Staff used a
mathematical formula and it's correct; which leads me to ask the following question:
Agenda Item No.1
Page 45 of 49
PAGE 46 - PLANNING COMMISSION MINUTES - JULY 3, 2007
In the MSHCP, which takes precedent, what might happen or non-biology versus the
baseline biological conditions? According to staff and RCA, it is the non-scientific
what may happen case. However, in the recent case of the City of Perris, JPR and
the RCA ruled that on-site biology takes precedent. Why does the RCA shift 180
degrees when it comes to Lake Elsinore?
Incidentally, under Section 6 there are incentive for property owners for dedication of
property to conservation, specifically, what is the City off~Eiflg.lt is my opinion that
under analysis no conservation is required; only the>>tr(3gitional conservation of
jurisdictional waters under the Clean Water Act>tpalwouldrn~i[1tain the linkages
currently in Cell Group J. Accordingly, the tQO-foot average tharis/p~ing offered is
in excess of what is required and reflects sound /urban planning and design.
Finally, the Mayor at our joint study session gave City direction as it applies to
MSHCP. The last thing that -- and l'm9\,J9ting the may()t'..~/"The last thing was that
the City was to have final say if there was ctfliot~rpretation issue or dispute as to
whether or not we neededt(l)save the pugs and bunnies in this particular area."
We've got the final~(3Y and the challengstJrom the development community has
been that our staff has nolbeenfoP9henQugh in going ahead and riding rough shot
saying we disagree with RCAinterpretation.
I think th(3t(3t the end oflpe day/We'd like see things moving forward. If there's a
dispute, bringitJorward to the decision makers and allow us to break the tie; get it
up in the public hearing process. And I would add no man can be a servant of two
masters. Thank you.
I need a resolution to accept or deny Castle and Cooke.
Deputy City Attorney Santana
There's no resolution; it will just be a motion.
Chairman O'Neal
I need a motion.
Agenda Item No.1
Page 46 of 49
PAGE 47 - PLANNING COMMISSION MINUTES - JULY 3,2007
Commissioner Gonzales
I'd like to make a motion that we send it to City Hall for approval for a 75-foot wide
corridor meaning that this meets the MSHCP criteria and Castle & Cooke. In favor
of Castle & Cooke, yes.
Chairman O'Neal
I need a second.
Commissioner Mendoza
Second.
Chairman O'Neal
Is there any further discussion? Hearing
all those in
by saying
"Aye."
Vice Chair Gonzales
Aye.
Commissioner Mendoza
Aye.
Commissioner Zanelli
Aye.
Chairman O'Neal
Those opposed?
Commissioner Flores
No.
Chairman O'Neal
That would be four, one. This takes us to our next item. Thank you, gentlemen.
7. General Plan Conformity of the Summary Street Vacation for the right-
of-way known as "Flint Street"
Director of Community Development Preisendanz provided an overview of the
project and requested Public Works Director Seumalo to review it with the
Commission and answer questions.
Agenda Item No.1
Page 47 of 49
PAGE 48 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Public Works Director Seumalo provided an overview of the project. He stated that
staff.
PLANNING COMMISSION COMMENTS
The Planning Commissioner's had no comments.
MOVED BY MENDOZA, SECONDED BY FLORES, AND
PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-125, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY. OF LAKE
ELSINORE, CALIFORNIA, RECCOMENDI~GTHAT THE
CITY COUNCIL OF THE CITY OFk~Is<E ELSINORE
ADOPT FINDINGS THAT THE VAC~TION OF FLINT
STREET CONFORMS TO THE CITY'S GENERAL PLAN
CIRCULATION ELEMENT.
STAFF COMMENTS
Public Works Director Seumalo gave a Capitol Improvement Projects
update.
Planning Consultant Donahoe had no corrrr:negts
Planning Manager Weinerhad no comm~.nt~.
Director of Community Development had nO comments.
Deputy City Attorney Santanapgpno comments.
Commissioner Zanelli thanked staff for their hard work; he also thanked
Environmental SpeciaIist'IVortheyJorher hard work. He further stated that if Council
would like. to take a hardElpJine on this matter they need to give Ms. Worthey proper
direction todo that.
Commissioner Flores thanked staff for updating him on the project and he said that
staff did an outstanding job on in providing the factual rules and regulations
surrounding the debate and is very proud of those who submitted and worked on this
issue. He further stated that we all knew that this had to go to Council but regarding
the vote on this project he stands behind staff 100% and whether we are right or
wrong, he is not there to judge, he is there to listen, do the best he can and let it go
to Council and let them judge to see who is right or wrong.
Commissioner Mendoza thanked the staff and said they do a tremendous job.
Commissioner Gonzales stated to Environmental Specialist Worthey that there was
a big difference of agreement all along and the Commission has asked a number of
times for an explanation of the MSHCP.
Agenda Item No.1
Page 48 of 49
PAGE 49 - PLANNING COMMISSION MINUTES - JULY 3, 2007
Environmental Specialist Worthey stated that there was a lot of things in Castle &
Cook's presentation that were not accurate and she didn't have the chance to speak
about this.
Commissioner Gonzales requested Environmental Specialist Worthey to review
what the MSHCP is and how much land is required by the City to give up.
Director of Community Development Preisendanz stated that it is a nine (9) acre site
and they did their best and now it's time to move on. The City is on the threshold of
a lot of development and the City is doing great things and working together with the
Commission and respects the Commission and is very ~~pited about what the City
has in front of us. He also thanked the staff for theirg88..~ work and thanked the
Commission for their support and will continue to impFoveanq to strive to serve the
Commission and the Council.
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS,~HAIRMAN O'NEAL ADJOURNED
THE MEETING AT 8:59 P.M. ON JULY 3, 2007.
rylichaelO'tNeal, Chairman
Respectfully Submitted,
Kristine Herrington
Office Specialist III
ATTEST:
Rolfe Preisendanz, Director of Community Development
Agenda Item No.1
Page 49 of 49
TO:
CITY OF LAKE ELSINORE
REPORT TO THE PLANNING COMMISSION
CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
OWNER:
NOVEMBER 6, 2007
MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE
LOCATED AT 16897 GUNNERSON STREET
JULIO PINEDA, 16635 ESCAVERA STREET, LAKE
ELSINORE, CALIFORNIA 92530
SAME
DATE:
PROJECT TITLE:
APPLICANT:
PROJECT REQUEST:
The Staff is requesting an indefinite continuance of the proposed project due to the
applicant's request pursuant to difficulties in obtaining the required materials from his
design consultants.
PREPARED BY:
LINDA M. MILLER, PLANNING CONSULTANT
ROLFE M. PREISENDANz1\,Jfet&-
DIRECTOR OF COMMUNITY DEVELOPMENT
APPROVED BY:
P:\ALL FILES\Reports\PC Rpts\MDR - Projects & Single Family Residential\2007\PC Staff Report 3rd Continuance
for Gunnerson.doc
.,.~'. "0 f\
AG'END!'.. \ i UV: I'l"_ cJ...
PACE_ \ OF \
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
NOVEMBER 6, 2007
MINOR DESIGN REVIEW OF A SINGLE-FAMILY
DWELLING UNIT LOCATED AT 423 ADOBE STREET
(APN: 377-312-024)
HECTOR ZUBIETAlZENOS, INC.; 26397 BECKMAN CT.,
MURRIETA, CA 92562
HECTOR HERNANDEZ, 226 S. 2ND. AVENUE,
LA PUENTE, CA 91746
PROJECT TITLE:
APPLICANT:
OWNER:
PROJECT REQUEST
The applicant is requesting design review consideration for the development of a
conventionally built a two-story single-family dwelling unit located at 423 Adobe street
(APN: 3377-312-024). Review is pursuant to the "Historic Elsinore" Overlay District,
Chapter 17.24 (R-2, Medium Density Residential), Chapter 17.23 (R-1, Single-Family
Residential), Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development
Standards), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal
Code (LEMC).
WATER A V AILABILlTY/FIRE FLOW
The Elsinore Valley Municipal Water District (EVMWD) has indicated that there is a
residential fire hydrant (6" x 2 % x 4") in front of the property along Flint Street.
Furthermore, EVMWD indicates that there are existing water lines along Flint and Adobe
Street and a sewer line along Adobe Street.
BACKGROUND
The Design Review Committee (ORC) reviewed the plans for the proposed single-family
dwelling unit and provided several comments on the proposed architectural design,
architectural enhancements, fencing, and landscaping. The applicant re-submitted the
plans indicating that all recommendations were incorporated.
AGENDA ITEM NO.
PAGE \
3
OF d~
REPORT TO PLANNING COMMISSION
NOVEMBER 6, 2007
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
PROJECT LOCATION
The proposed vacant lot is generally located at the southwest intersection of Adobe and
Flint Street at 423 Adobe Street (APN: 377-312-024). The subject property has a "Historic
Elsinore" Overlay Zoning District land use designation of Medium Density (MD) and a
General Plan land use designation of Medium Density.
ENVIRONMENTAL SETTING
Pro'ect Site
North
South
East
West
Vacant
Residential
Vacant
East
Residential
Medium Densi Residential
Medium Densi Residential
Medium Densi Residential
Medium Densi Residential
Medium Densit Residential
Medium Densit
Medium Densit
Medium Densit
Medium Densi
Medium Densi
PROJECT DESCRIPTION
The applicant is requesting minor design review consideration for the design and
establishment of a conventionally built two-story single-family dwelling unit located at 423
Adobe Street (APN: 377-312-024). The proposed 1,678 dwelling-unit will have an attached
500 square-foot two (2) car garage, a 259 square-foot front-entry porch, living room, dining
room, kitchen, nook, laundry room, two (2) bedrooms, a bathroom, and a master bedroom
with master bathroom and walk-in-closet.
The net lot coverage for the proposed single-family dwelling unit located at 423 Adobe
Street (APN: 377-312-024), which includes the house, the two (2) car garage, and the
front-entry porch, will be approximately thirty-four percent (34%). It should be noted that the
proposed dwelling unit complies with the maximum lot coverage requirement of fifty-
percent (50%) for single-family dwelling units as outlined in Chapter 17.23.090 of the Lake
Elsinore Municipal Code (LEMC).
Sitina
The proposed two-story single-family dwelling unit located at 423 Adobe Street within the
Medium Density land use area of the "Historic Elsinore" Overlay Zoning district as well as a
General Plan land use designation of Medium Density. Although, there is an existing alley
located along the rear of the subject lot, the applicant is not proposing alley access to the
proposed dwelling unit.
AGENDA ITEM 3
PAGE~OF~
REPORT TO PLANNING COMMISSION
NOVEMBER 6, 2007
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
Architecture
The applicant is proposing to include elements of "Monterey" architecture for the proposed
two-story single-family dwelling unit. The front elevation will include balcony columns with
decorative wood brackets, exposed rafter tails, paired windows and wood shutters; it also
includes low-pitched roof; little or no eave overhang; red-tiled roof; stucco wall surface; and
an asymmetrical fa9ade.
The applicant is proposing to incorporate six-foot (6') high wood fencing along the interior
and rear of the subject property. The applicant is proposing to include stucco return walls
with a wood gate that connects from the interior yard fencing to the main dwelling unit.
Gradinq
Due to the fact that the lot has a minimal slope away from both street fronts a "fill" will be
required in order to provide the appropriate drainage, therefore the applicant is proposing
to do a cut approximately ten (10) cubic yards and fill approximately six-hundred eighty
(680) cubic yards of earth. It should be noted that the applicant is proposing a retaining wall
along the interior side of the lot with a maximum height of approximately six (6' -0") feet high
for the development of this project.
Landscaoinq
The applicant is proposing to landscape and irrigate the front-yard of the subject lot located
at 423 Adobe Street. The front-yard landscaping will include three (24") inch box "Grape
Myrtle" shrubs, turf, and two (2) fifteen-gallon "Crape Myrtle" trees. Furthermore, all front-
yard landscaping will be automatically irrigated and will include a rain sensor, which will
assist in the conservation of water.
Color and Materials
Roof Tile "Corona Red"
Wall Finish Stucco "Adobe"
Front Door Wood "Ivo "
Gara e Door Metal "White"
Trim Wood/Foam "White"
AGENDA ITEM l
PAGE~OF .25
REPORT TO PLANNING COMMISSION
NOVEMBER 6, 2007
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
ANAL YSIS
Staff has reviewed the proposed conventionally built two-story single-family dwelling unit
located at 423 Adobe Street (APN: 377-312-024) and found that the project will meet all
minimum requirements of the "Historic Elsinore" Overlay Zoning District, Chapter 17.82
(Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.24 (R-
2, Medium Density Residential), Chapter 17.23 (Single-Family Residential), and Chapter
17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) including but
not limited to; density, setbacks, landscaping, parking, and lot coverage.
Sitina
The total building footprint for the proposed dwelling unit located at 423 Adobe Street,
which includes the house, the two (2) car garage, and the front-entry porch, will be
approximately thirty-four percent (34%). The site plan, as proposed, will meet all applicable
development standards and criteria outlined in the R-1 (Single-Family Residential) Zoning
District and the Residential Development Standards outlined in the LEMC.
Architecture
The proposed architecture of the conventionally built two-story single-family dwelling unit is
consistent with the style and design of existing single-family dwelling units within the
vicinity. Furthermore, the proposed colors and materials to be incorporated are consistent
with the goals and intent of the architectural design guidelines of the General Plan's
Community Design Element, in that the proposed "Monterey" architectural style dwelling
unit, provides an aesthetic quality that lends to the overall achievement of a well balanced
Medium High Density Zoning District.
Landscapina
The minimum landscape coverage requirements for in-fill single-family dwelling units states
that the applicant landscape the front-yard with an automatic irrigation system as outlined
in Chapter 17.14 (Residential Development Standards). The applicant has met this
requirement by proposing a fully landscaped, automatically irrigated front-yard.
Furthermore, the applicant is proposing to incorporate a rain sensor, which will assist in the
conservation of water.
AGENDA ITEM ~
PAGE~OF ~~
REPORT TO PLANNING COMMISSION
NOVEMBER 6, 2007
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
ENVIRONMENTAL DETERMINATION
Staff determined that the Project is categorically exempt from the California Environmental
Quality Act (Cal. Pub. Res. Code 9921000 et seq.: "CEQA") and the CEQA Guidelines (14
C.C.R. 99 15000 et seq.) pursuant to a class 3(a) exemption for new construction or
conversion of small structures because the Project involves construction of one single-
family residence. (14 C.C.R. 9 15303(a)).
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2007-_ approving
the proposed single-story single-family dwelling unit located at 423 Adobe Street (APN:
377-312-024) based on the Findings, Exhibits, and the proposed Conditions of Approval.
PREPARED BY:
AGUSTIN RESENDIZ, ASSOCIATE PLANNER
APPROVED BY:
ROLFE M. PREISENDANZ1WfP~
DIRECTOR OF COMMUNITY DEVELOPMENT
ATTACHMENTS:
1. VICINITY MAP
2. PLANNING COMMISSION RESOLUTION
3. PLANNING COMMISSION CONDITIONS OF APPROVAL
4. CEQA-NOTICE OF EXEMPTION
5. EVMWD WATER AND SEWER MAP
6. SIGNED ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL
7. REDUCED PLANS
8. COLOR SWATCHES
9. FULL SIZE PLANS
AGENDA ITEM ~
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VICINITY MAP
MINOR DESIGN REVIEW FOR A
SINGLE FAMILY DWELLING UNIT
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PLANNING COMMISSION
AOENDA ITEM NO.
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RESOLUTION NO. 2007-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A
CONVENTIONALLY BUILT TWO-STORY SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET
WHEREAS, Mr. Hector Zubieta filed an application with the City of Lake Elsinore
requesting approval of a Minor Design Review for a conventionally built two-story
single-family dwelling unit with an attached two (2) car garage on property located at
423 Adobe Street (APN: 377-312-024); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of considering and approving, conditionally approving,
or denying Minor Design Review requests for residential projects; and
WHEREAS, public notice of the Project has been given and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on November 6,2007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed design for
the Project and has found it acceptable. The Planning Commission finds and
determines that the Project is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission finds and determines that the Project is
categorically exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code SS 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA
(14 C.C.R. SS 15000 et seq.: the "CEQA Guidelines") pursuant to a class 3(a)
exemption for new construction or conversion of small structures because the Project
involves construction of one single-family residence. (CEQA Guidelines S 15303(a)).
SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter
17.82, the Planning Commission makes the following findings for the approval of the
Project:
1. The Project, as approved, will comply with the goals and objectives of the
intended General Plan and the Zoning District in which the Project will be
located.
The Project complies with the goals and objectives of General Plan designation
Medium Density and the Medium Density (MD) zoning designation within
Planning Area 5 of the "Historic Elsinore" Overlay Zoning district. The General
Plan designation Medium Density is intended for a wide range of residential
development types including attached and detached single-family dwelling units
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PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE 2 OF 4
at the lower end of the range and multiple family units at the higher end of the
density range. The maximum density permitted shall be 12 dwelling-units to the
acre.
The Medium Density (MD) zoning designation within Planning Area 5 of the
"Historic Elsinore" Overlay Zoning district consists of single-family detached and
attached units, including duplexes, triplexes, townhouses, and zero lot line (patio)
homes. The approval of the Project will assist in achieving the development of a
well-balanced and functional mix of residential, limited commercial, limited
industrial, open space, recreational and institutional land uses by providing
additional affordable housing within Planning Area 5 of the "Historic Elsinore"
Overlay Zoning district and the City of Lake Elsinore. Furthermore, the Project
will contribute to the development and maintenance of a broad range of housing
types for all income groups and age categories.
The Project incorporates elements of "Monterey" style architecture and will
provide a well rounded design while maintaining the desirable rural
characteristics and base framework to achieve quality and compatibility in the
physical design of the developing portions of the City and to enhance the existing
developed areas within General Plan designation Medium Density and zoning
designation Medium Density (MD) within Planning Area 5 of the "Historic
Elsinore" Overlay Zoning district.
2. The Project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The Project is appropriate to the site and surrounding developments in that the
proposed single-family dwelling unit provides: a twenty-five foot (25) front-yard
setback; sufficient front-yard landscaping; and, safe and sufficient on-site
vehicular circulation.
In addition, the Project complies with all setback, height, and lot coverage
requirements as outlined in the R-1 (Single-Family Residential) Zoning District of
the Lake Elsinore Municipal Code.
The Project will complement the quality of existing projects in that the applicant is
providing elements of "Monterey" style architecture, which includes: 360-degree
architecture articulation pursuant to the "General Plan, Community Design
Element Design Guidelines':' decorative balcony columns with decorative wood
brackets, exposed rafter tails, paired windows and wood shutters; it also includes
low-pitched roof,' little or no eave overhang; red-tiled roof," stucco wall surface;
and specially an asymmetrical fat;ade.
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PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE 3 OF 4
3. Subject to the attached conditions of approval, the Project is not anticipated to
result in any significant adverse environmental impacts.
A Class 3 CEQA exemption may be invoked when the development proposal
involves construction of one single family residence. Pursuant to CEQA
Guidelines 15303(a), the Project is exempt from environmental review because it
involves the construction of one single family residence.
Section 7.3.2 of the MSHCP states that: "{d]evelopment of individual single-family
homes on existing parcels, in accordance with existing land use regulations is a
Covered Activity within the Criteria Area," subject to an expedited review
process. Impacts of development of single-family residences on sensitive habitat
and covered species were accounted for in the MSHCP and the MSHCP EIR.
The Planning Commission hereby finds that the single-family residence at 423
Adobe Street (APN: 377-312-024) was sited on the least sensitive portion of the
lot. Consideration was given to access, topography/terrain, zoning standards
including setbacks, soil types, presence of earthquake fault lines, leach fields,
presence of oak trees and high fire hazard areas. The building foot print area is
appropriate and complies with the MSHCP Criteria Area.
Moreover, the Project has been reviewed by all City divisions and departments,
which have imposed certain conditions of approval on the Project to ensure that
no adverse impacts occur. In light of those conditions of approval, as well as the
design features of the Project itself, the Project will not have a significant effect
on the environment.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the Project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
Pursuant to Lake Elsinore Municipal Code Section 17.82.070, the Project has
been scheduled for consideration and action of the Planning Commission. The
Project has also been conditioned to comply with all aspects of the Lake Elsinore
Municipal Code. The Applicant shall meet all required setbacks and
development standards pursuant to the R-1 (Single-Family Residential) zoning
designation, prior to the issuance of a building permit.
SECTION 4. Based upon the evidence presented, the above findings, and the
conditions of approval, the Planning Commission hereby approves the Minor Design
Review application.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
AGENDA ITEM NO.
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PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE 4 OF 4
PASSED, APPROVED AND ADOPTED this 6th day of October 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe Preisendanz
Director of Community Development
ACENOA ITEM NO. '1
PACe \ 0 OF ~~
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME:
MINOR DESIGN REVIEW OF A CONVENTIONALLY
BUILT SINGLE-STORY SINGLE-FAMILY DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees or
Agents to attach, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning the Minor Design Review
of a conventionally built single-story single-family dwelling unit located at 423
Adobe Street (APN: 377-312-024) project attached hereto.
2. The decision of the Planning Commission shall be final fifteen (15) days from the
date of the decision, unless an appeal has been filed with the City Council
pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code.
3. If the project proposes an outdoor storage tank, the applicant shall locate the unit
within the side or rear yards. If the location must be within the front yard, the
applicant shall provide a method of screening subject to the review and approval of
the Director of Community Development or his designee.
4. Minor Design Review approval of the conventionally built single-story single-family
dwelling unit located 423 Adobe Street (APN: 377-312-024) will lapse and become
void one (1) year of the approval date unless a building permit is issued and
construction commenced and the project is diligently being pursued toward
completion.
5. All Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check.
6. Prior to issuance of any grading or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions," and shall return the executed
original to the Community Development Department for inclusion in the case
records.
7. All materials and colors depicted on the plans and materials board shall be used
unless modified by the Applicant and approved by the Community Development
Director or designee.
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8. All site improvements shall be constructed as indicated on the approved site plan
and elevations, with revisions as noted herein. The applicant shall meet all
required setbacks, and development standards pursuant to the R-1 (Single-Family
Residential) development standards. Any revisions to the Minor Design Review
attached hereto shall be processed in a similar manner as the original Minor
Design Review. All plans submitted for Building Division plan check shall conform
to the submitted plans as modified by the Conditions of Approval.
9. The applicant shall comply with all requirements of the Riverside County Fire
Department.
10. All windows shall use foam surrounds and/or other architectural-type features
approved by the Community Development Director or designee.
11. All necessary exterior/ancillary equipment shall be effectively screened from public
view. All proposed screening methods shall be reviewed and approved the
Community Developer Director or designee.
12. All roofing materials shall have a minimum Class "A" Fire rating, and so noted on
the construction plans.
13. The Applicant is to meet all applicable City Codes and Ordinances.
14. A cash bond of $1,000.00 shall be required for any construction trailers placed on
the site and used during construction. Bonds will be released after removal of
trailers and restoration of the site to an acceptable state, subject to the approval of
the Community Development Director or designee.
15. The Applicant shall comply with the City's Noise Ordinance. All construction activity
shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and
no construction activity shall occur on Saturdays, Sundays or legal holidays.
16. The Applicant shall comply with all requirements of the City's Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
provisions of Municipal Code, Chapter 15.72 and using accepted control
techniques. Interim erosion control measures shall be provided thirty (30) days
after the site's rough grading, as approved by the City Engineer.
17. Any exterior air conditioning or other mechanical equipment shall be ground
mounted and screened so that they are not visible from neighboring property or
public streets. Air conditioning units and related equipment may not encroach more
than two-feet (2') into the required minimum side yard setback.
18. Garages shall be constructed to provide a minimum interior clear space of twenty
feet (20') x twenty feet (20') for two cars.
AGENDA ITEM NO. 5
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19. The Applicant shall provide shrubs and plant materials as shown on the landscape
plan. Any changes to this plan shall be subject to the approval of the Community
Development Director or designee. The landscape plan improvements and
plantings shall be fully installed prior to issuance of a Certificate of Occupancy.
20. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36
inches.
21. Driveways shall be constructed of concrete per Building and Safety Division
standards.
22. All walls or fences located in any front yard shall not exceed thirty-six inches (36")
in height with the exception that wrought-iron fences may be five feet (5') in height.
Chain link fences shall be prohibited.
23. The applicant shall be required to remove and replace any existing chain link
fencing and any fencing that is in poor condition. It will be the responsibility of the
applicant to contact the effected neighboring property owners. If the existing
fencing is in good condition, this requirement may be waived per the approval of
the Community Development Director or Designee.
24. The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0"
adjacent to each dwelling unit. The storage pad for trash barrels shall be
concealed from public view.
25. The applicant shall submit a check in the amount of $64.00 made payable to the
County of Riverside for a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of the projects approval.
26. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity and a
statement that complaints regarding the operation can be lodged with the City of
Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be
placed on the property prior to the issuance of a grading permit.
27. All exposed walls visible from any public right-of-way shall utilize "split-face" block
or stuccoed to match the proposed dwelling unit. Plain precision block is not
permitted.
28. The applicant is to meet all requirements of the Lake Elsinore Unified School
district.
29. The applicant is to meet all requirements of the City of Lake Elsinore
Redevelopment Agency.
AGENDA ITEM NO. ~
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30. The applicant is to meet all requirements of the Building and Safety division.
31. The applicant will be responsible for landscaping all required dedications or
easements until such time that all street improvements are constructed.
32. All walls and/or fencing need to be located off the property line and so indicated on
the construction plans. If the Applicant proposes to place any walls and/or fencing
on the property line he/she must submit a notarized agreement between the
subject property owner and the adjacent property owner to the Planning
Department prior to issuance of a building permit.
33. The project shall comply with any/all requirements of the City of Lake Elsinore
Building and Safety division.
34. The project shall comply with any/all requirements of the City of Lake Elsinore
Parks and Recreation Department.
35. The project shall comply with any/all requirements of the Lake Elsinore Police
Department.
36. The project shall comply with any/all requirements of the City of Lake Elsinore
Redevelopment Agency.
37. The applicant shall be responsible for landscaping and maintaining the required
rear-yard (alley) dedication until such time as City alley improvements are installed.
38. The proposed single-family dwelling unit located at 423 Adobe Street shall connect
to sewer.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
39. The applicant shall provide assurance that all required fees to the Lake Elsinore
Unified School District have been paid, prior to issuance of building permits.
40. The applicant shall pay park-in-lieu fees in effect at the time, prior to issuance of
building permits.
41. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee
(MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac),
prior to obtaining building permits.
42. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior
to the issuance of a building permit.
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43. Prior to the issuance of any building permit for the Project, the Developer shall
enter into an agreement with the City and the Redevelopment Agency of the City of
Lake Elsinore to provide (a) 15% of the units constructed in the Project as
affordable housing units in accordance with the requirements of Section
33413(b)(2) of the California Community Redevelopment Law (Health & Safety
Code Sections 33000 et seq.), or (b) an alternative equivalent action as
determined by the City which may include (without limitation) dedication of vacant
land, construction of affordable units on another site, or payment of an in-lieu fee at
the rate of $2.00 per square-foot of assessable space for each dwelling unit in the
Project. For purposes of this condition, "assessable space" means all of the
square-footage within the perimeter of a structure, not including any carport,
walkway, garage, overhang, patio, enclosed patio, detached accessory structure,
or similar area. The amount of the square-footage within the perimeter of a
residential structure shall be calculated by the building department of the City in
accordance with the standard practice of the City in calculating structural
perimeters.
44. Prior to the issuance of a building permit, the applicant shall provide assurances to
the Planning Division that all sewer arrangements have been met.
45. Prior to the issuance of a building permit, the applicant shall provide a detailed
sewer "Will Serve" letter from the Elsinore Valley Municipal Water District. The
sewer will serve letter submitted to the Community Development Department shall
have been generated no longer than thirty (30) days prior to submittal.
46. Prior to the issuance of a building permit, the applicant is to provide assurances to
the Community Development Department that all requirements of the City of Lake
Elsinore's Parks and Recreation Department have been met.
PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY
47. The applicant shall provide an irrigation system for landscaped areas onsite as
shown on the landscape plans. The irrigation system shall be fully installed and
operational prior to the issuance of a Certificate of Occupancy.
48. The Applicant shall provide a rain sensor as shown on the landscape plan. The
rain censor shall be installed prior to the issuance of a Certificate of Occupancy.
49. All exposed slopes in excess of three feet (3') in height shall have permanent
irrigation system and erosion control vegetation installed, as approved by the City's
Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved
and planted prior to the issuance of a Certificate of Occupancy. Fees are required
for review of plans and inspections.
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50. The building address shall be a minimum of four inches (4") high and shall be
easily visible from the public right-of-way. Care shall be taken to select colors and
materials that contrast with building walls or trim. Installation of building address
shall be done prior to the issuance of a certificate of occupancy.
51. The applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
CITY OF LAKE ELSINORE PARKS AND RECREA TION DEPARTMENT
52. The developer is to pay park fees of $1 ,600 per unit.
53. The developer is to comply with all NPDES storm water requirements.
54. The developer is to participate in the City-wide LLMD.
55. The developer is to comply with all City Ordinances regarding construction debris
removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
56. The developer is to meet all City curb, gutter, and sidewalk requirements.
ENGINEERING
GENERAL
54. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC), prior to the
issuance of a building permit.
55. The applicant shall submit a "Will Serve" letter to the City Engineering Division
from the applicable water agency stating that water and sewer arrangements have
been made for this project and specifv the technical data for the water service at
the location. such as water pressure and volume etc. Submit this letter, prior to
applying for a building permit.
56. The applicant shall submit a "Non Interference Letter" from Southern California
Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas
at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is
(714) 934-0838.
57. All arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway or alley shall be the responsibility of the property owner or
his agent.
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58. The applicant shall provide fire protection access and facilities as required in
writing by the Riverside County Fire Department.
59. In accordance with the City's Franchise Agreement for waste disposal & recycling,
the applicant shall be required to contract with CR&R Inc. for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during
cleaning, demolition, clear and grubbing or all other phases of construction.
60. All grading and street improvement plans submitted to engineering shall be drawn
on 24" x 36" Mylar and be set into City's specific border and title block and include
city specific general notes for grading or street improvements respectively. All
digital files for the border and the notes are available by request to
"agutierrez@lake-elsinore.org".
DEDICA TION
61. The applicant shall dedicate a 3' wide strip of additional right of way along westerly
property line to the City for alley widening, prior to the issuance of a building
permit.
62. All public right-of-way dedications shall be prepared by the applicant or his agent.
All deeds shall be submitted to the Engineering Division for review and approval
and recordation, prior to the issuance of a building permit.
STREET IMPROVEMENTS
63. The applicant shall construct all public works improvements from property line to
one foot beyond centerline of Adobe and Flint Street (the minimum pavement
section shall be 3" Asphalt Concrete over 5" Aggregate Base) and from the new
property line to 2' beyond center line of the alley (the minimum pavement section
shall be 2" AC pavement over compacted native) per approved street plans (LEMC
Title 12). All Plans shall be approved and signed by the City Engineer, prior to the
issuance of a building permit (LEMC 16.34).
64. A California Registered Civil Engineer shall prepare street and alley improvement
plans and specifications. All improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34). All street improvement plans shall show existing and
future profiles at centerline of street, at top of curb and at centerline of the alley.
The profiles and contours shall extend to 50' beyond the property limits on Adobe
and Flint Street and the alley centerlines.
AGENDA ITEM NO.
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65. If the existing street improvements are to be modified, the existing street plans on
file shall be modified accordingly and approved by the City Engineer, prior to the
issuance of a building permit. An encroachment permit will be required, prior to the
commencement of any work.
66. All work done under an encroachment permit for off-site improvements of utility
lines shall be delineated on the street improvement plans and approved and
signed by the City Engineer, prior to the issuance of a building permit.
67. The applicant shall pay all fees and meet requirements of an encroachment permit
issued by the Engineering Division for construction of off-site public works
improvements (LEMC12.08, Res.83-78). All fees and requirements for an
encroachment permit shall be fulfilled before issuance of a Certificate of
Occupancy.
GRADING
68. The developer shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners, prior to the issuance of a grading permit
approval.
69. The applicant shall apply and obtain a grading permit with appropriate security,
prior to any grading activity.
70. A grading plan stamped/signed by a California Registered Civil Engineer is
required if the sum of the cut and fill in grading exceeds 50 cubic yards and the
existing drainage flow pattern is substantially modified as determined by the City
Engineer. The grading plan shall show volumes of cut and fill, adequate contours
and/or spot elevations of the existing ground as surveyed by a licensed surveyor or
civil engineer. All contours shall extend to minimum of 15 feet beyond property
lines to indicate existing drainage pattern. Apply and obtain a grading permit with
appropriate security, prior to grading permit issuance.
71. The applicant shall provide soils; geology and seismic report, as part of this report
address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The
applicant shall provide final soils report showing compliance with
recommendations.
72. The applicant is to provide erosion control measures as part of their grading plan.
The applicant shall contribute to protection of storm water quality and meet the
goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage
Area Management Plan.
73. All grading shall be done under the supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2-to-1 for stability and proper erosion control.
AGENDA ITEM NO. 3
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DRAINAGE
74. All on-site drainage shall be conveyed to a public facility, accepted by adjacent
property owners by a notarized letter of drainage acceptance, or conveyed to a
drainage easement.
75. All natural drainage traversing the site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
76. All roof drains shall not be allowed to outlet directly through coring in the street
curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain
into landscaping prior to entering street facilities.
77. The applicant shall submit, along with grading plans, Hydrology and Hydraulic
Reports for review and approval by City Engineer. The developer shall mitigate
any flooding and/or erosion downstream caused by development of the site and/or
diversion of drainage.
FEES
78. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC
16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is
$1083.00 (Town NO.2 Dist.) and the current TUMF amount is $9,693.00; the
amount of fees shall be adiusted according to the fee schedule current at the time
of payment.
STORMWATERI CLEANWATER PROTECTION PROGRAM
79. The City of Lake Elsinore has adopted ordinances for storm water management
and discharge control. In accordance with state and federal law, these local storm
water ordinances prohibit the discharge of waste into storm drain system or local
surface waters. This includes non-storm water discharges containing oil, grease,
detergents, trash, or other waste remains. Brochures of "Storm water Pollution,
What You Should Know" describing preventing measures are available at City
Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or
waterways -without Regional Water Quality Control Board permit or waver - is strictly
prohibited by local ordinances and state and federal law.
AGENDA ITEM NO. 3
PACE \<1 OF a~
CITY OF ~
LAKE ,&LsiNORJ:
V DREAM E,XTREMElII
Notice of Exemption
Filed With: 0
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
[8]
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title: Minor Design Review of a conventionally built two-story single-family dwelling unit located at 423 Adobe
Street (APN: 377-312-024).
Project Location (Specific): The proposed vacant lot is generally located at the southeast intersection of Flint and Adobe
Street (APN: 377-312-024).
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
A Minor Design Review for a conventionally built two-story single-family dwelling unit with an attached two (2) car garage
located at 423 Adobe Street (APN: 377-312-024). The subject property has a "Historic Elsinore" Overlay Zoning District land
use designation and a General Plan land use designation of Medium Density.
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore
Exempt Status:
D Ministerial (Section 15073)
D Declared Emergency (Section 15071 (a))
D Emergency Project (Section 15071 (b) and (c))
~ Categorical Exemption (state type and section number): Article 19 Categorical Exemptions
Section 15303(a); New Construction or Conversion of
Small Structures.
Reasons why project is exempt:
This project meets the requirements pursuant to Section 15303(a) (New Construction or Conversion of Small Structures) of
the California Environmental Quality Act (CEQA).
Contact Person: Agustin Resendiz, Associate Planner
Telephone Number: (951) 674-3124
Signed:
Title:
Director of Community Development
AGENDA ITEM NO.
PAGE dO
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Rolfe M. Preisendanz
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CITY OF ~
LAKE 5LSiNO~
\ ,
~ DREAM EVTREME
." f'
ACKNOWLEDEGEMENT OF
DRAFT CONDITIONS
RE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y DWELLING UNIT
LOCATED AT 423 ADOBE STREET (APN: 377-312-024)
I hereby state that I/We acknowledge the draft Conditions of Approval for the above
named project. I/We understand that these are draft conditions only and do hereby agree
to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff,
as set forth in the attachments to the approval letter that will be sent after final project
approval.
All final conditions shall be met prior to issuance of permits or prior to the first
Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the
approval of the Community Development Director of the City of Lake Elsinore.
Print Name:
Address:
li:..rhan .ez..-
~ 2-2.. ~ S ' Zit J kcl-c.
l-A- ~vU)k ~k tl'7\}h
(y)(;) I rn -'1 ~{)7
Date: ~
Applicant's Signature:
Phone Number:
951.674.3124
130 S. MAl N STREET
LAKE ELSINORE. CA 92530
WWW.LAKE-ELSINORE.ORG
AGENDA ITEM NO. 3
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ACENDA ITEM NO. 5 -
PACE 2> q ,...OF C> q
TO:
CITY OF LAKE ELSINORE
REPORT TO THE PLANNING COMMISSION
CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
PROJECT TITLE:
NOVEMBER 6, 2007
MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
DATE:
OWNER:
CHRIS HILDEBRAND, R1 PERMITTING INC., 2322
HERITAGE DRIVE, CORONA, CALIFORNIA 92882
BENITIO NAVARRO, 3719 EAST 3RD STREET, LOS
ANGELES, CALIFORNIA 90063
APPLICANT:
PROJECT REQUEST:
The applicant is requesting approval to construct a conventionally built two (2) story
single family residence on a vacant lot. Review is pursuant to Chapter 17.82 (Design
Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-1,
Single-Family Residential District), Chapter 17.66 (Parking Requirements) and all other
applicable Chapters of the Lake Elsinore Municipal Code (LEMC).
PROJECT LOCATION
The project site is located at 30338 Baum Avenue (APN 375-324-025), within the
County Club Heights area and Redevelopment Project Area No.3, Parcel No.4.
WATER/SEWER/FIRE LOW
Water service will be provided by the Elsinore Water District (EWD). A Will Serve Letter
is attached. The closest fire hydrant is located approximately 480 feet from the parcel.
The applicant is negotiating with Elsinore Valley Municipal Water District (EVMWD)
regarding the construction of a sewer connection. According the EVMWD, a sewer line
was recently constructed to the intersection of Gutkaes and Baum, approximately one-
hundred fifty feet (150') from the project site.
AGENDA ITEM NO.
PAGE \
~
OF a~
PLANNING COMMISSION STAFF REPORT
MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE
NOVEMBER 6, 2007
PAGE 20f4
ENVIRONMENTAL SETTING
Project Site Vacant R-2, Medium Density Future Specific Plan
Residential District Area 'J'
North Vacant R-2, Medium Density Future Specific Plan
Residential District Area 'J'
South Vacant R-2, Medium Density Future Specific Plan
Residential District Area 'J'
East Vacant R-2, Medium Density Future Specific Plan
Residential District Area 'J'
West Vacant R-2, Medium Density Future Specific Plan
Residential District Area 'J'
PROJECT DESCRIPTION
The applicant is proposing to construct a 2,515 square foot conventionally built two (2)
story single family residence that includes an attached 491 square foot two (2) car
garage on a vacant 5,856 square foot lot. The buildings will occupy approximately forty-
four percent (44%) of the lot area which is within the maximum allowance of fifty percent
(50%) pursuant to the Lake Elsinore Municipal Code (LEMC).
The proposed two (2) story single-family residence consists of a kitchen, dining room,
living room, family room, four (4) bedrooms, and three and one-half (3 1/2) bathrooms.
Architecture. Materials and Colors
The applicant is proposing architectural enhancements that include horizontal siding at
the front elevation, vertical siding within the eave areas, river rock veneer wainscot,
wide window trim around all windows, and decorative lighting. The roofing material will
be a shake style concrete tile.
Colors and Materials proposed are:
Location
Roof
Walls
F ascia/DoorslWindow
Trim
Wainscot
Material
Concrete - Shake style
Stucco/Siding
Wood/Foam
Wood/Foam
River Rock veneer
Color
Brown
Canyon View
Ranch Acres
Hickory Grove
Reno blend
AGENDA ITEM NO.
PAGE 0
4
OF 0- 9 ~
PLANNING COMMISSION STAFF REPORT
MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE
NOVEMBER 6, 2007
PAGE 3 of4
Landscapina and Fencina
The applicant will provide front yard landscaping including two (2) twenty-four inch (24")
box trees. An automatic irrigation system will be provided in the front setback area as
well. Front fence returns will be constructed of decorative block walls. The City Standard
six foot (6') wood fence will be constructed along the side and rear property lines.
Retaining walls are proposed along the side property lines. Any retaining wall seen from
a neighboring property shall be conditions to be constructed of decorative masonry
block such as split face block or a stucco finish.
ANAL YSIS
Staff has reviewed the project and found that with the attached Conditions of Approval
the project meets all minimum requirements of Chapter 17.82 (Design Review), Chapter
17.14 (Residential Development Standards), Chapter 17.23 (R-1, Single Family
Residential District), Chapter 17.66 (Parking Requirements) and all other applicable
Chapters including but not limited to density, setbacks, landscaping, parking and lot
coverage.
ENVIRONMENTAL DETERMINATION
The project is categorically exempt from the California Environmental Quality Act,
(CEQA) pursuant to Section 15303, Class 3(a) exemption for new construction of one
(1) single family residence.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2007-
approving Minor Design Review of a Single Family Residence located at 30338 Baum
Avenue within the Country Club Heights area (APN 375-324-028). The recommendation
is based on the findings, exhibits, and Conditions of Approval attached.
PREPARED BY:
LINDA M. MILLER, PLANNING CONSULTANT
ROLFE M. PREISENDANZ:fW ~(l,
DIRECTOR OF COMMUNITY DEVELOPMENT
APPROVED BY:
AGENDA ITEM NO.
PAGE 3
4
OF a-~
PLANNING COMMISSION STAFF REPORT
MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE
NOVEMBER 6, 2007
PAGE 4 of 4
ATTACHMENTS:
1. Vicinity Map
2. Resolution No. 2007- _ approving Minor Design Review of a Single Family
Residence
3. Conditions of Approval
4. Will Serve Letter
5. CEQA Notice of Exemption
6. Acknowledgement of Draft Conditions
7. Reductions
8. Full Size Exhibits
P:\ALL FILES\Reports\PC Rpts\MDR - Projects & Single Family Residential\2007\PC Staff Report 30338 Baum
Avenue 11-6-07.doc
AGENDA ITEM NO.
PAGE L..\
~
OF o~
Of
n~
VICINITY MAP
30338 BAUM AVENUE
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PROJECT SITE
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PLANNING COMMISSION
ACENDA ITEM NO.
PAGE 5
4
OF o-=,
RESOLUTION NO. 2007-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN
REVIEW FOR A SINGLE FAMILY RESIDENCE
WHEREAS, Chris Hildebrand filed an application with the City of Lake Elsinore
requesting approval of a Minor Design Review for a single family residence (the
"Project") to be constructed on a vacant lot located at 30338 Baum Avenue (APN 375-
324-028); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving, conditionally approving, or denying Minor
Design Review requests for residential projects; and
WHEREAS, notice of the Project has been given and the Planning Commission
has considered evidence presented by the Community Development Department and
other interested parties at a public meeting held with respect to this item on November
6, 2007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
2.
SECTION 1. The Planning Commission has considered the proposed design for
the single family residence and has found it acceptable. The Planning Commission finds
and determines that the Project is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission finds and determines that the Project is
categorically exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code 99 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA
(14 C.C.R. 99 15000 et seq.: "CEQA Guidelines") pursuant to a class 3(a) exemption for
new construction or conversion of small structures because the Project involves
construction of one single family residence (14 C.C.R. 9 15303(a)).
SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter
17.82, the Planning Commission makes the following findings for the approval of the
Minor Design Review:
1. The Project, as approved, will comply with the goals and objectives of the
General Plan and the Zoning District in which the Project is located.
The Project complies with the goals and objectives of the General Plan in that the
approval of this single family residence will assist in achieving the development
of a well-balanced and functional mix of residential homes, as well as
encouraging the development and maintenance of a broad range of housing
types for all income groups and age categories in that the applicant is proposing
a conventionally built home utilizing architectural design elements.
The Project complies with the design directives contained in Lake Elsinore
Municipal Code Section 17.82.060 and all other applicable provisions of the
Municipal Code.
ACENDA ITEM NO.
PAOE ~
4
OF a~
PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE20F3
The Project is appropriate in size and design to the lot and meets all setback
requirements, provides front yard landscaping, and proposes an acceptable
architectural style which includes horizontal siding, decorative vertical features
within the eave area, river rock veneered wainscot, wide window trim, and
decorative lighting. The roofing material will be concrete tile. The immediate area
is primarily vacant parcels. The proposed project will meet or exceed the size
and design of the few existing homes in the general surrounding area.
3. Subject to the attached conditions of approval, the Project is not anticipated to
result in any significant adverse environmental impacts.
Notwithstanding the fact that the Project is exempt from CEQA pursuant to a
Class 3 exemption, the Project was reviewed and conditioned by all applicable
City departments to ensure that the single family residence blends into existing
development, creates the least amount of disturbance, and does not negatively
impact the residents of Lake Elsinore. The Project will not have a significant
effect on the environment.
Section 7.3.2 of the MSHCP states that: "[d]evelopment of individual single-family
homes on existing parcels, in accordance with existing land use regulations is a
Covered Activity within the Criteria Area," subject to an expedited review
process. Impacts of development of single-family residences on sensitive habitat
and covered species were accounted for in the MSHCP and the MSHCP EIR.
The Planning Commission hereby finds that the single-family residence at 17223
Herbert Street was sited on the least sensitive portion of the lot. Consideration
was given to access, topography/terrain, zoning standards including setbacks,
soil types, presence of earthquake fault lines, leach fields, presence of oak trees
and high fire hazard areas. The building foot print area is appropriate and
complies with the MSHCP Criteria Area.
4. Conditions and safeguards pursuant to Lake Elsinore Municipal Code Chapter
17.82.100, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the Project to ensure development of
the property in accordance with the objectives of Chapter 17.82.
Pursuant to Lake Elsinore Municipal Code Section 17.82.070, the Project has
been scheduled for consideration and approval of the Planning Commission.
The Project complies with all applicable provisions of the Lake Elsinore Municipal
Code.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Project, the Planning Commission hereby
approves the Minor Design Review for a single family residence to be located at 30338
Baum Avenue (APN 375-324-028).
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
AGENDA ITEM NO. ~
PAGE"\ ""OF? ~
PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE30F3
PASSED, APPROVED AND ADOPTED this sixth day of November 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
AGENDA ITEM NO.
PACE B
~
OF 09
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
Note: Fees listed in the Conditions of Approval are the best estimates available at the
time of approval. The exact fee amounts will be reviewed at the time of permit issuance
and may be revised.
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees, or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning the single family residential project
attached hereto.
2. The decision of the Planning Commission shall be final fifteen (15) days from the
date of the decision, unless an appeal has been filed with the City Council pursuant
to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code.
PLANNING DIVISION
3. Minor Design Review approval of a single family residence located at 30338 Baum
Avenue - APN 375-324-028 will lapse and be void unless a building permit is issued
within one (1) year of the approval date and construction commenced and diligently
pursued toward completion.
4. Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
5. Prior to issuance of any grading or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions," and shall return the executed
original to the Community Development Department for inclusion in the case
records.
6. If the project proposes an outdoor storage tank, the applicant shall locate the unit
within the side or rear yards. If the location must be within the front yard, the
applicant shall provide a method of screening subject to the review and approval of
the Director of Community Development or his designee.
7. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity and a statement
that complaints regarding the operation can be lodged with the City of Lake Elsinore
Code Enforcement Division (951) 674 3124 prior to the issuance of Grading Permit.
AGENDA ITEM NO.
PACE ~
4
OF o~
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
8. All site improvements shall be constructed as indicated on the approved site plan
and elevations, with revisions as noted herein. The applicant shall meet all required
setbacks pursuant to the Lake Elsinore Municipal Code (LEMC). Any other revisions
to the approved site plan or building elevations shall be subject to the review of the
Director of Community Development or his designee. All plans submitted for Building
Division Plan Check shall conform to the submitted plans as modified by Conditions
of Approval, or the Planning Commission through subsequent action.
9. Materials and colors depicted on the plans and materials board shall be used unless
modified by the applicant and approved by the Community Development Director or
designee.
10.AII windows shall use surrounds and/or other architectural-type features as shown
on the approved plans or modified with the approval of the Director of Community
Development or designee.
11. At minimum the applicant shall use concrete tile or similar material approved by the
Director of Community Development or Designee on the dwelling. Roofing materials
shall have a minimum Class "A" Fire rating, and so noted on the construction plans.
12. The applicant shall meet all applicable City Codes and Ordinances.
13.A cash bond of $1,000.00 shall be required for any construction trailers placed on
the site and used during construction. Bonds will be released after removal of
trailers and restoration of the site to an acceptable state, subject to the approval of
the Director of Community Development or designee.
14. The applicant shall comply with the City's Noise Ordinance. Construction activity
shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no
construction activity shall occur on Saturdays, Sundays or legal holidays.
15. The applicant shall comply with all requirements of the City's Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
provisions of Municipal Code, Chapter 15.72 and using accepted control techniques.
Interim erosion control measures shall be provided thirty (30) days after the site's
rough grading, as approved by the City Engineer.
16. The applicant shall meet all applicable Riverside County Fire Department
requirements for fire protection.
17. The applicant shall meet all applicable Building and Safety Division requirements.
18. Any exterior air conditioning or other mechanical equipment shall be ground
mounted and screened so that they are not visible from neighboring property or I.
ACENDA ITEM NO. ~
PACE \D OF 09
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
public streets. Air conditioning units and related equipment may not encroach more
than two-feet (2') into the required minimum side yard setback.
19. Garages shall be constructed to provide a minimum interior clear space of twenty
feet (20') x twenty feet (20') for two cars.
20. The applicant shall provide and maintain shrubs and plant materials as shown on the
landscape plan. Any changes to this plan shall be subject to the approval of the
Director of Community Development or designee. The landscape plan shall be
implemented prior to issuance of a Certificate of Occupancy.
21. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36
inches.
22. The applicant shall provide front yard irrigation systems as shown on the landscape
plans. The irrigation system shall be implemented prior to the issuance of a
Certificate of Occupancy.
23. The applicant shall provide a rain sensor as shown on the landscape plan. The rain
censor shall be installed prior to the issuance of a Certificate of Occupancy.
24.AII exposed slopes in excess of three feet (3') in height shall have permanent
irrigation system and erosion control vegetation installed, as approved by the City's
Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved
and planted prior to the issuance of a Certificate of Occupancy. Fees are required
for review of plans and inspections.
25. Driveways shall be constructed of concrete per Building and Safety Division
standards.
26. Walls or fences located within the front yard setback shall not exceed thirty-six
inches (36") in height with the exception that wrought-iron fences may be five feet
(5') in height. Chain link fences shall be prohibited.
27. The applicant shall construct the City's Standard six foot (6') wood fence along the
interior side property line. Any retaining walls that can be viewed from neighboring
properties shall be constructed of decorative masonry. The two (2) front returns shall
be constructed of decorative masonry. A wrought iron or wood gate will be required.
The applicant shall be required to remove and replace any existing chain link fencing
and any fencing that is in poor condition. It will be the responsibility of the applicant
to contact the effected neighboring property owners if it is found the fencing will need
to be removed and replaced.
ACENOA ITEM NO.
PACE '\
~
OF~
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
28. The building address shall be a minimum of four inches (4") high and shall be easily
visible from the public right-of-way. Care shall be taken to select colors and
materials that contrast with building walls or trim.
29. The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent
to each dwelling. The storage pad for trash barrels shall be concealed from public
view.
30. The applicant shall provide assurance that all required fees to the Lake Elsinore
Unified School District have been paid prior to issuance of building permits.
31. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of
building permits.
32. The applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
33. The applicant shall submit water to Elsinore Water District and shall incorporate all
District conditions and standards, including payment of applicable connection fees.
34. The applicant shall submit sewer plans to Elsinore Valley Municipal Water District
and shall incorporate all District conditions and standards, including payment of
applicable connection fees.
35. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee
(MSHCP) Local Development Mitigation Fee prior to obtaining building permits.
36. The applicant shall submit a check in the amount of $64.00 made payable to the
County of Riverside for a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of the projects approval.
37. The Applicant shall pay all applicable Library Capital Improvement Fund fee.
38. Prior to the issuance of any building permit for the Project, the Developer shall enter
into an agreement with the City and the Redevelopment Agency of the City of Lake
Elsinore to provide (a) 15% of the units constructed in the Project as affordable
housing units in accordance with the requirements of Section 33413(b)(2) of the
California Community Redevelopment Law (Health & Safety Code Sections 33000 et
seq.), or (b) an alternative equivalent action as determined by the City which may
include (without limitation) dedication of vacant land, construction of affordable units
on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of
assessable space for each dwelling unit in the Project. For purposes of this
condition, "assessable space" means all of the square-footage within the perimeter
AGENDA ITEM NO.
PAGE \ 'Z..
4
OF ~9
~
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
of a structure, not including any carport, walkway, garage, overhang, patio, enclosed
patio, detached accessory structure, or similar area. The amount of the square-
footage within the perimeter of a residential structure shall be calculated by the
building department of the City in accordance with the standard practice of the City
in calculating structural perimeters.
ENGINEERING DIVISION
39.AII Public Works requirements shall be complied with as a condition of development
as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit.
40. Submit a "Will Serve" letter to the City Engineering Division from the applicable
water agency stating that water and sewer arrangements have been made for this
project and specify the technical data for the water service at the location. such as
water pressure and volume etc. Submit this letter prior to applying for a building
permit.
41.Arrangements for relocation of utility company facilities (power poles, vaults, etc.)
out of the roadway or alley shall be the responsibility of the property owner or his
agent.
42. Provide fire protection access and facilities as required in writing by Riverside
County Fire Department.
43.ln accordance with the City's Franchise Agreement for waste disposal & recycling,
the applicant shall be required to contract with CR&R Inc. for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
DEDICATION:
44. Dedicate a ten-foot slope easement along the westerly property for future Baum
Avenue alignment prior to issuance of building permit (Res. 87-64).
45. Public right-of-way dedications shall be prepared by the applicant or his agent.
Deeds shall be submitted to the Engineering Division for review and approval prior to
issuance of building permit.
STREET IMPROVEMENTS
46. Work done under an encroachment permit for off-site improvements shall be
delineated on the street improvement plans and approved and signed by the City
Engineer prior to issuance of building permits.
A,~E~lr'." Pf.I\~ ilJ.f' ~
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r"~etv~__~~~~~.vt'._~___~...-.;-.J~.._
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
47. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit
shall be fulfilled before Certificate of Occupancy.
48. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division
before final inspection of off-site improvements will be scheduled and approved.
GRADING
49. Developer shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to final map approval.
50. Apply and obtain a grading permit with appropriate security prior to any grading
activity.
51.A grading plan stamped/signed by a California Registered Civil Engineer is required
since the grading exceeds 50 cubic yards and the existing flow pattern is
substantially modified as determined by the City Engineer. The grading plan shall
show volumes of cut and fill, adequate counters and/or spot elevations of the
existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall
extend to minimum of 15 feet beyond property lines to indicate existing drainage
pattern. Apply and obtain a grading permit with appropriate security prior to grading
permit issuance.
52. Provide soils, geology and seismic report, as part of this report address the
requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils
report showing compliance with recommendations.
53. In accordance with the City's Franchise Agreement for waste disposal & recycling,
the applicant shall be required to contract with CR&R Inc. for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
54. Applicant to provide erosion control measures as part of their grading plan. The
applicant shall contribute to protection of storm water quality and meet the goals of
the BMP in Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan.
55.AII grading shall be done under the supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2 to 1 for stability and proper erosion control.
ACENDA ITEM NO. 4
PACE \4 OF CT~
CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW
OF A SINGLE FAMILY RESIDENCE
LOCATED AT 30338 BAUM AVENUE
DRAINAGE:
56. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer
prior to issuance of building permits. Developer shall mitigate any flooding and/or
erosion downstream caused by development of the site and/or diversion of drainage.
57. On-site drainage shall be conveyed to a public facility, accepted by adjacent
property owners by a letter of drainage acceptance, or conveyed to a drainage
easement.
58.AII natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer.
59. Roof drains shall not be allowed to outlet directly through coring in the street curb.
60. Roofs must drain to a landscaped area.
FEES:
61. Provide in-lieu payment for future public improvements prior to building permit (Res.
86-35).
62. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic
mitigation fee is $1,369.00 and the drainage fee is $ 441.00 (Town District No.6) and
the TUMF amount is $7,248.00.
STORMWATERI CLEANWATER PROTECTION PROGRAM
63. City of Lake Elsinore has adopted ordinances for storm water management and
discharge control. In accordance with state and federal law, these local storm water
ordinances prohibit the discharge of waste into storm drain system or local surface
waters. This includes non-storm water discharges containing oil, grease,
detergents, trash, or other waste remains. Brochures of "Storm water Pollution,
What You Should Know" describing preventing measures are available at City
Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or
waterways -without Regional Water Quality Control Board permit or waver - is strictly
prohibited by local ordinances and state and federal law.
End of Conditions
ACENDA ITEM NO. 4
PACE' ~ OF a~
ELSINORE WA TER DISTRICT
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WA TER WILL SERVE LETTER REQUEST CHECKLlS
OCT 1 52007
Date of Request 5-8-07
Owner's Name Benito Navarro
ccount#
Owner's Phone #
323-262-6414
,..,.".,".""0....
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\.....v.......)...PJ r\L
11\ if\' ... DI\/ISION
Mailing Address
City/StatelZip
Contact Name
TracklLoUBlock
Street Address
Type of Request:
Residential
3719 E. 3rd St.
Los AnQeles. Ca, 90063
Chris Hildebrand Contact's Phone #
APN#
30338 Baum Ave.
951-378-8146
375-324-028
x
Commercial
Other
Type
New Construction
x
Remodel
Received:
Date Initials Comments
Grant Deed
Preliminary Title Report
Plans of Addition (Remodels Only)
Payment Check #
Date
Field Check:
Size of Main Line
6"
location of Main Line Street in front of parcel
Remodels:
Served by Hydro Tank ~ Within Easement
Zone Backflow Device Needed Type
Static water pressure less than 45 psi
Static water pressure greater than 90 psi
Meter Size' location
125#
Customer Shut Off
Street lateral Size & Materials
Building Lateral Size & Materials
Fire Service
Engineering
Date Sent
Date Approved by Engineering
Prepared By:
~MOSier Date
~Date
'--
C -I-CJ)
C, -I-Oj
Approved By:
FINAL WILL-SERVE LETTER ISSUANCE:
Date Prepared
.;
Conditions of Will-Serve, if applicable:
C, -/- 01
Date to Customer
C -/-01
Will Serve Issued
AGENDA ITEM NO. 4
PAGE \1.::,. OF a~
FORM B
Page 1
Name
APN
Benito Navarro
375-324-028
PUBLIC WATER SERVICE
CERTIFICATION
This certifies that the above referenced property is within the service area boundaries of this
water service utility and that:
Service Information: (Check one)
X There are currently existing adequate source, storage and distribution line
capacities to provide potable water to the referenced site in sufficient quantities
to satisfy the domestic water service and fire protection requirements of the
proposed use. The water mains to serve each proposed service connection are
currently installed and operable.
Financial arrangements have been made to install water mains for each
proposed service outlet and any other necessary facilities to insure
that the proposed use will have adequate source, storage and distribution line
capacities for each proposed service connection that will satisfy the domestic
water service and fire protection requirements of the proposed use.
It is financially and physically feasible to install water service facilities that will
provide adequate source, storage and distribution line capacities for each
proposed service connection that will satisfy the domestic water service and fire
protection requirements of the proposed use.
Easement Information: (Check one)
X This agency has no known water lines or easements on the subject property line.
This agency has water lines and/or easements on the subject property but they
do not conflict with the proposed use as currently designed.
This agency has waterlines and/or easements on the subject property which
conflict with the proposed project as currently designed. Applicant must revise
plans and resubmit them to this agency for approval.
Fire Flow Information:
884 Gallons per minute at 20 pounds per square inch for a minimum two-hour
duration.
A Standard Type hydrant is located Approx. 480' feet from the
above referenced parcel. On Baum Ave. West of Gutkaes.
AGENDA ITEM NO.
PAGE \ '1
4
OF a~
.__.'~"'-'~
MAINTENANCE 37
FLOW TEST REPORT
'f.) "" '" J ~"f.... W'i..SI aF GurkYt-ES Dale
Location PH"^-""" K
Test Made by
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Size NOllIe
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Flow Hydrants
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gpm
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psi
Projected Results: at 20 psi Residual
rfNL(
9pm: or at .
psi Residual
gpm
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15~ 'i (;p @~o'~l
Location Map: Show line siz:es and distance 10 next cross Connecled line Show valves and
hydrant b'ranch size. Indicate North. Show flowing hydrants-label AI. A2. A3. Show location o(
Static and Residual-label B
Indicate B Hydrant.
x
Sprinkler
Other ,idenlilYI
~gure 5-4 Flow-test report.
ACENDA ITEM NO. ~
PACE \ ~ OF 0 ~
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AGENDA ITEM NO. OF a~
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Date 6-1-07
Name Benito Navarro
Address 3719 E. 3rd St.
City Los AnQeles, Ca.
ZIP 90063 -
'-
APN # 375-324-028
Street Name
Baum Ave.
ESTIMATED COST
~ Water Account Deposit
$ 100.00
o Fire Hydrant
$
~ Meter Installation
$ 2900.00
Q/ Connection Fee/Capacity Charge
$ 5594.00
~ Permits
$ 500.00
o
Hot Patch
$
o
Miscellaneous
$
Total:
$ 9094.00
o Due to the length of line extension, it will be necessary for you to contact a Civil
Engineering company of your choice for cost estimate and installation. "Exhibit
A" attached hereto lists requirements for first plan check. Cost of Plot Plan
Check dependent on estimated cost of project.
**Note: Estimate valid for60 days. **
ELSINORE WATER DISTRICT
~
Michael Mosier
Water Operations Supervisor
n ;'~C;""~~~__~~_
':,;.CF_Q~","_ _g_~~t_~.
Organized Under the Laws of the State of California
ELSINORE WATER DISTRICT
DATE: 6-1-07
APN# 375-324-028
ADDRESS Baum Avenue
To Whom It May Concern:
Please accept this letter as official notification that the Elsinore Water District has
sufficient water to service the above referenced address. or parcel and will be
providing fire flow protection to that area. An approved standardfire hydrant
(6"X 4" X 2 %") is located Approx. 480' from the above referenced parcel.
Minimum fire flow shall be 500 GPM for a 2-hour duration at a 20-PSI residual.
Also, please find a copy of the APN page showing the location of the fire hydrant.
Should you have any questions regarding this matter, or require further
information, please contact us at your earliest convenience.
Sincerely,
'--
Michael Mosier
Water Operations Supervisor
:-
AGENDA ITEM NO.
PAGE a \
~
OF 01
16899 Lakeshore Drive, P.O. Box 1019, Lake Elsinore, CA 92531-1019 . Phone 951-674-2168 . Fax 951-674-5429
Notice of Exemption
City of Lake Elsinore
Planning Division
130 S. Main Street
Lake Elsinore, CA 92530
(909) 674-3124
(909) 471-1419 fax
Filed With: D
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
[8]
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title:
Minor Design Review of a Single-Family Residence
Project Location (Specific): The proposed project is located at 30338 Baum Avenue
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
This is a proposal to develop one (1) single family residence on a 5,856 square foot vacant lot. The residence is a 2,515 square foot
conventionally built structure that includes an attached 489 square foot two (2) car garage. The General Plan designation is Future Specific
Plan Area 'J' and Zoning designation is R-2, Medium Density Residential District.
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Linda Miller, Planning Consultant, City of Lake Elsinore
Exempt Status:
o Ministerial (Section 15073)
o Declared Emergency (Section 15071 (a))
o Emergency Project (Section 15071 (b) and (c))
I8l Categorical Exemption (state type and section number): Article 19 Categorical Exemptions
Section 15303, Class 3 (a)
New Construction or Conversion of Small Structures
Reasons why project is exempt:
This project meets the exemption requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA).
Contact Person: Linda M. Miller
Telephone Number: (951) 674-3124 x 209
Signed:
Title: Director of Community Development
Rolfe M. Preisendanz
AGENDA ITEM NO. 4
PAGE 00 OF o~
. "'c,,,".
ACKNOWLEDEGEMENTOF
DRAFT CONDITIONS
RE: Minor Design Review for Single Family Residence located at 30338 Baum
Avenue
I hereby state that IMle acknowledge the draft Conditions of Approval for the
above named project. IMle understand that these are draft conditions only and
do hereby agree to accept and abide by all final conditions prescribed by the City
of Lake Elsinore staff, as set forth in the attachments to the approval letter that
will be sent after final project approval.
All final conditions shall be met prior to issuance of permits or prior to the first
Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the
approval of the Community Development Director of the City of Lake Elsinore.
Date:
Applicant's Signature:
Print Name:
Address:
Phone Number:
AGENDA iTEM NO. ~ .~_. _"
PAOE a3 OF o~
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CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
OWNER:
NOVEMBER 6, 2007
CONDITONAL USE PERMIT NO. 2007-20 AND
COMMERCIAL DESIGN REVIEW NO. 2007-13 FOR A
PROPOSED AMERICA'S TIRE COMPANY LOCATED AT
18237 DEXTER AVENUE (APN: 377-040-045)
NOEL ANASCO/BERGMAN ARCHITECTURE: 4300
EDISON AVENUE, CHINO, CA 91710
DONALD E. HOWELLS/CAMBERN AND CENTRAL
INVESTORS, LLC: 265 SANTA HELENA, SUITE 125,
SOLANA BEACH, CA 92075
DATE:
PROJECT TITLE:
APPLICANT:
PROJECT REQUEST
Staff is requesting a continuance of the proposed project.
BACKGROUND
Staff is requesting that this project be continued to allow staff additional time to further work
with the applicant to address project concerns. Therefore, with the consent of the Planning
Commission, staff requests that this item be continued off calendar.
PREPARED BY:
JUSTIN CARLSON, ASSCOIATE PLANNER
APPROVED BY:
ROLFE M. PREISENDANZ -rW f(J~
DIRECTOR OF COMMUNITY DEVELOPMENT
AGENDA ITEM S
PAGE~OFl
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
PROJECT TITLE:
NOVEMBER 6, 2007
GENERAL PLAN AMENDMENT NO. 2007 -14,
CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL
DESIGN REVIEW NO. 2006-03 "FAIRWAY BUSINESS
PARK"
DATE:
APPLICANT:
MCARDLE ASSOC. ARCHITECTS (ATTN: STACEY
PETERSON) 5838 EDISON PLACE, CARLSBAD, CA
92008
OWNER:
FAIRWAY COMMERCIAL PARTNERS (ATTN: ROD
OSHITA) 1601 N. SEPULVEDA BOULEVARD, SUITE 401,
MANHATTAN BEACH, CA 90266
PROJECT REQUEST
The applicant is requesting a General Plan Amendment to amend the General Plan
Circulation Map, a Conditional Use Permit to allow for optional office and showroom uses
onsite and to establish outdoor storage areas and an Industrial Design Review
consideration for the design and construction of twenty (20) light-industrial buildings
ranging in size from 6,810 square-feet to 30,989 square-feet. The project site has a zoning
designation of Limited Manufacturing (M-1). Review is pursuant to Government Code
Section 65348, Chapter 17.56 (Light Manufacturing District) Chapter, 17.74 (Conditional
Use Permit), Chapter 17.66 (Parking Requirements) and Chapter 17.82 (Design Review) of
the Lake Elsinore Municipal Code.
PROJ ECT LOCATION
The project site is located on the north side of Chaney Street, approximately 920 feet west
of Minthorn Street, Assessor Parcel Number 377-140-024 within Redevelopment Project
Area No.1.
ACENDA iTEM NO.
PACE \
~
OF 95
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
BACKGROUND
The project site has a zoning designation of Limited Manufacturing (M-1). The Lake
Elsinore Municipal Code Section (LEMC) 17.55.020 allows for a wide variety of industrial
uses as permitted uses in the M-1 zone.
ENVIRONMENTAL SETTING
EXISTING LAND USE ZONING GENERAL PLAN
Project Vacant/Parking Lot Limited
Site Manufacturing Business Park (BP)
(M-1)
North Industrial Limited Light Industrial (L1)
Manufacturing
(M-1)
South Offices Limited Business Park (BP)
Manufacturing
(M-1)
East Industrial Commercial Business Park (BP)
Manufacturing
(C-M) & Limited
Manufacturing
(M-1)
West Flood Control Channel Limited Flood (F)
Manufacturing
(M-1)
PROJECT DESCRIPTION
General Plan Amendment
The developer has made application for a General Plan Amendment to amend the General
Plan Circulation Map by realigning the planned extension of Pasadena Street between
Third Street and Chaney which as planned, would traverse through the project site.
Instead, the developer is proposing to route the Secondary Highway east on Third Street
and south on Minthorn Street connecting to Chaney Street (see attached location map).
This realignment would necessitate the elimination of on-street parking on both sides of
Third Street between Pasadena Street and Minthorn Street and along the entire length of
Minthorn Street between Third Street and Chaney Street to achieve adequate travel lane
widths.
ACENDA ITEM NO.
PACE ~
(g
OF 9. 5
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
Conditional Use Permit
The property owner has requested the option of using Buildings A, B, C & 0, which directly
front Chaney Street, as either offices and/or commercial showroom buildings. LEMC
Section 17.56.030.M allows the Planning Commission the authority to approve other
conditional uses not currently listed in the Limited Manufacturing (M-1) District when it can
be determined that the uses will have similar characteristics to those currently allowed in
the district. A Conditional Use Permit is being requested to allow for these optional uses
onsite. The Light Manufacturing District currently only allows office uses in association with
on-site management or leasing or having a single user with a minimum size of 30,000
square feet. Moreover, commercial showrooms are only allowed for exhibition of products
manufactured on the premises or available for wholesale distribution.
Planning staff believes that the requested option of using Buildings A, B, C, & D as either
office or commercial showroom uses would be appropriate on the project site given that
such uses would be restricted to the four buildings fronting onto Chaney Street which only
accounts for a small part of the light industrial park. In addition, other office uses currently
exist along the Chaney Street corridor and the four buildings being proposed for such uses
would have visibility from this same street frontage thus ensuring that patrons could easily
identify the proposed uses. Lastly, in order to ensure that adequate onsite parking exists,
staff has added a condition of approval requiring that a parking study be prepared by the
developer to demonstrate that adequate parking spaces either currently exist or will be
provided prior to approval of tenant improvement plans related to the establishment of
commercial or showroom uses for these buildings.
The property owner is also requesting to develop nine (9) outdoor storage areas onsite
within the proposed industrial park. LEMC Section 17 .56.040.A. 7 requires that a
Conditional Use Permit be obtained to establish the outdoor storage areas. Planning staff
has determined that the design of the outdoor storage areas either comply or have been
conditioned to comply with all applicable standards specified for such outdoor storage
areas.
Industrial Desiqn Review
The applicant is proposing to construct twenty (20) separate light industrial buildings
ranging in size from 6,810 square feet to 30,989 square feet on a 17.21 acre vacant site.
Three of the proposed buildings will consist of two stories with the remainder consisting of
a single-story. The buildings will be sited evenly across the site with the three largest
buildings to be located at the western end of the property. The largest parking lot area will
be provided on the eastern end of the property along the Chaney Street frontage. Smaller
parking areas will be provided along the front and/or rear elevations of the buildings.
Required loading spaces will be provided at either sides or rears of buildings.
AGENDA ITEM NO.
PAGE 3
&
OF 9. 5
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
Phasinq Plan
The project is proposed to be developed in three phases with the western portion of the
site (Buildings M, N, P, Q, R, S, T, U & V) being developed first. The central portion of the
site will be developed second (Buildings E, F, G, H, J, K & L) and the eastern portion of the
site (Buildings A, B, C & D) developed last. Staff has added a variety of conditions of
approval in association with the phasing plan addressing such issues as temporary seeding
of the undeveloped portions of the site and timing of certificate of occupancy issuance.
On site Improvements & Circulation
Access to the site will be provided from three separate points including Chaney Street, the
terminus of Birch Street and a driveway located off the knuckle of Pasadena and 3rd
Streets. The developer is proposing to dedicate right-of-way on the project site and
construct a cul-de-sac at the terminus of Birch Street. In addition, the developer will provide
necessary dedication and construct full half width street improvements along the Chaney
Street frontage. Onsite circulation will provide thru- access to all three of the access points
within the park. Twenty-eight foot (28') wide access aisles will be provided throughout the
interior of the site. Some smaller access drives will provide access to the rear of some
buildings onsite. Required loading zones will be provided at either the sides or rears of the
buildings.
Offsite Improvements & Circulation
In addition to the onsite improvements identified above, the developer has agreed to
provide a variety of offsite improvements to include the following:
· Dedicate right-of-way and improve the intersection of Pasadena Street and
Third Street.
· Install a traffic signal at Collier Avenue and Third Street prior to 51 %
occupancy.
· Install a traffic signal at Collier Avenue and Chaney Street prior to 51 %
occupancy.
· Install a traffic signal at Minthorn Street and Chaney Street prior to 76%
occupancy.
· Install a northbound left turn lane at the intersection of Collier Avenue and
Chaney Street.
~
AGENDA'TEM NO.
PACE ~ ~OF_ ~'5
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
Architecture
A "Contemporary" architectural style has been chosen for the buildings within the park
facility. Concrete tilt-up construction will be utilized. Building designs will include the use of
wall offsets and recessed entries varying in depth from two to four feet. In addition, multiple
parapet heights, decorative cornice treatments, decorative score lines of various widths
and depths and eyebrow canopies will all be incorporated on the buildings. Aluminum store
front windows with reflective glazing will be utilized on all buildings throughout the park to
create a uniform appearance.
Landscapina
The site design includes landscaping improvements which constitute 17.7% of the overall
project site area. The landscape plan proposes two varieties of perimeter screen trees
along interior property lines. A City approved street tree will be planted 3D-feet on center
along the Chaney Street frontage. A variety of accent trees will be planted at the three
project entries to achieve formalization and identification. In addition, several varieties of
parking lot and interior accent trees will also be provided to break-up expanses of
pavement and provide shading. A variety of shrubs will be planted onsite serving as
foundation plantings, screening or accent plantings to further enhance the aesthetics of the
development. Decorative paving treatments and accent lighting will also be utilized at site
entrances.
Colors and Materials
The applicant is proposing six (6) different colors and three (3) different color schemes to
be evenly distributed on the buildings throughout the park. This even distribution will
ensure that a variety of colors are seen as a visitor traverses the park complex. The
proposed storefront glazing will further serve to compliment the building color schemes.
Siqnaqe
The developer has been conditioned to draft and submit a Uniform Sign Program
document for review and approval by the Planning Commission prior to issuance of a
Certificate of Occupancy. The Uniform Sign Program will ensure that all signage within the
business park complex will have a cohesive and complimentary appearance as tenants
change into the future.
ANAL YSIS
Sitina
The proposed site plan meets all applicable development standards and criteria outlined in
AGENDA ITEM NO. ~
PAGE 5 OF 9 5
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
the Limited Industrial (M-1) zoning district and the non-residential development standards
outlined in Chapter 17.38 of the Lake Elsinore Municipal Code, including setbacks and
building height. The project also complies with the onsite parking standards listed in Lake
Elsinore Municipal Code Chapter 17.66 (Parking Requirements) including loading space
and accessible parking requirements.
Circulation and Parkinq Space Lavout
The circulation and parking space layout meets the requirements set forth in Lake Elsinore
Municipal Code Chapter 17.66 (Parking Requirements) assuming all twenty of the building
are used for manufacturing activities. Staff has determined that five hundred forty-five
(545) parking spaces are required onsite based on one (1) parking space for each 500
square feet of unit area up to 20,000 square feet plus one additional space for each 1,000
square feet over 20,000 square feet. Five Hundred Seventy-Six (576) spaces have been
provided onsite not counting the spaces located within the outdoor storage areas (see
matrix below). Should Buildings A, B, C, & 0 be used as either offices or showrooms, a
parking study must be prepared to determine that sufficient parking spaces can be
provided to accommodate the uses.
BUILDING "A"
BUILDING "B"
BUILDING "C"
BUILDING "0"
BUILDING "E"
BUILDING "F"
BUILDING "G"
BUILDING "H"
BUILDING "J"
BUILDING "K"
BUILDING "L"
BUILDING "M"
BUILDING "N"
BUILDING "P"
BUILDING "Q"
21,182
12,797
10,331
9,880
9,706
9,706
12,504
16,409
18,089
6,810
8,635
8,154
9,978
17,179
15,583
42
26
21
20
19
19
25
33
36
14
17
16
20
34
31
ACENDA ITEM NO._( 17
PACE.6 OF ~S
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
BUILDING "R"
BUILDING "S"
BUILDING "T"
BUILDING "U"
BUILDING "V"
9,076
9,076
23,366
20196
30,989
18
18
44
41
51
Architecture
The architectural design of the twenty proposed light industrial buildings within the park
complex are consistent serving to create an overall theme for the facility. The building
designs comply with the Architectural Design Guidelines listed in the Community Design
Element of the City General Plan. Additionally, the architecture has been designed to
achieve harmony and compatibility with surrounding commercial, office and industrial
buildings in the vicinity of the project site. Correspondingly, the applicant has provided a
variety of building design features and forms by employing treatments, such as articulated
planes along the exterior walls, attractive storefront window system, recessed suite entries
and a variety of rooflines which will create depth and shadow.
Landscaoinq
LEMC Section 17.56.100 requires a minimum of twelve percent (12%) of the site to be
landscaped; the applicant is providing 17.7 percent. The proposed landscaping
improvements serve to enhance the building designs and soften portions of building
elevations, provide shade and break-up expanses of pavement. In addition, project entry
plantings serve to formalize the industrial park and compliment the building architecture.
Colors and Materials
The colors and materials proposed for this project meet the intent of the Architectural
Design Guidelines listed in the Community Design Element of the City's General Plan
because the colors and materials produce diversity and enhance the architectural effects.
Additionally, the colors and materials proposed will assist in blending the architecture into
the existing landscape and are compatible with other colors and materials used on other
properties in the vicinity of the project site.
ENVIRONMENTAL DETERMINATION
The City conducted an Initial Study to determine if the Project would have a significant
effect on the environment. Based upon the results of that Initial Study, there was
AGENDA ITEM NO.
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PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
substantial evidence that any potential impacts to the environment associated with the
Project could be mitigated to less than significant levels. As such, a Mitigated Negative
Declaration was prepared to assess potential environmental impacts and to propose
mitigation for those impacts. All agencies who commented on the Mitigated Negative
Declaration during the public review period were provided responses, and there are no
outstanding issues of concern. Staff has determined that the Mitigated Negative
Declaration for the Project is adequate and has been completed in accordance with CEQA,
the State CEQA Guidelines, and the City's procedures for implementation of CEQA.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2007-_
recommending that the City Council adopt Mitigated Negative Declaration No. 2007-05;
Resolution No. 2007-_ recommending that the City Council adopt findings that the
project is consistent with the Multiple Species Habitat Conservation Plan; Resolution No.
2007-_ recommending City Council approval of General Plan Amendment No. 2007-14;
Resolution No. 2007-_ approving Conditional Use Permit No. 2007-21 and Resolution No.
2007-_ recommending City Council approval of Industrial Design Review No. 2006-03.
This recommendation is based upon the Findings, Exhibits "A" thru "G" and the proposed
Conditions of Approval attached to this Staff Report.
PREPARED BY:
MATTHEW C. HARRIS, SENIOR PLANNER
APPROVED BY:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
ATTACHMENTS:
1. LOCATION MAP
2. PLANNING COMMISSION RESOLUTIONS
3. CONDITIONS OF APPROVAL
4. ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL
5. NOTICE OF DETERMINATION
6. EXHIBITS
. REDUCTIONS (8 % x 11)
Exhibit A Site Plan
Exhibit B Grading & Drainage Plan
Exhibit C Floor Plans
Exhibit D Building Elevations
AGENDA'TEM NO. (p
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PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: FAIRWAY BUSINESS PARK
Exhibit E
Exhibit F
Exhibit G
Building Sections
Landscaping Plans
Phasing Plans
· FULL SIZE PLAN SET
AGENDA ITEM NO.
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VICINITY MAP
GENERAL PLAN AMMENDMENT No. 2007-14
PASADENA STREET REALIGNMENT
CONDITIONAL USE PERMIT No. 2007-21/INDUSTRIAL DESIGN REVIEW No. 2006-3
FAIRWAY BUSINESS PARK
PLANNING COMMISSION
11/06/07
AGENDA ITEM NO. Co
PAGE \.D OF ~S
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. 2007-05
WHEREAS, the City of Lake Elsinore wishes to commence proceedings to
consider General Plan Amendment No. 2007-14, Conditional Use Permit No. 2007-21,
and Industrial Design Review No. 2006-03 (the "Project"); and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA")
and the State Implementation Guidelines for CEQA (14 California Code of Regulations,
Sections 15000, et seq.: "CEQA Guidelines") because the Project involves an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and involves the issuance of a
lease, permit license, certificate, or other entitlement for use by one or more public
agencies (Public Resources Code, Section 21065); and
WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an
Initial Study to determine if the Project would have a significant effect on the
environment. Based upon the results of that Initial Study, there was substantial
evidence that all potential impacts to the environment associated with the Project could
be mitigated to less than significant levels; and
WHEREAS, based upon the results of the Initial Study, and based upon the
standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate
to prepare and circulate Mitigated Negative Declaration No. 2007-05 for the Project (the
"Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines, Section 15072, on July 27,2007, the
City duly issued a notice of intent to adopt the Mitigated Negative Declaration; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council
regarding mitigated negative declarations; and
WHEREAS, public notice of the Project and the Mitigated Negative Declaration
have been given, and the Planning Commission has considered evidence presented by
the Community Development Department and other interested parties at a public
hearing held with respect to this item on November 6,2007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed the Mitigated Negative Declaration.
AGENDA ITEM NO. f.o
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PLANNING COMMISION RESOLUTION 2007-_
PAGE 2 OF 3
SECTION 2. The Planning Commission hereby recommends to the City Council
that the Mitigated Negative Declaration for the Project is adequate and has been
completed in accordance with CEQA, the State CEQA Guidelines, and the City's
procedures for implementation of CEQA. The Planning Commission has reviewed and
considered the information contained in the Mitigated Negative Declaration and finds
that the Mitigated Negative Declaration represents the independent judgment of the
City.
SECTION 3. The Planning Commission further finds and determines that none
of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation
of the Mitigated Negative Declaration are present and that it would be appropriate to
adopt the Mitigated Negative Declaration as proposed.
SECTION 4. The Planning Commission hereby makes, adopts, and incorporates
the following findings regarding the lack of potential environmental impacts of the
Project and the analysis and conclusions set forth in the Mitigated Negative Declaration:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a Mitigated Negative Declaration and Initial Study are released for
public review would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence
suggesting that all potential impacts to the environment resulting from the Project can
be mitigated to the less than significant levels.
2. There is no substantial evidence, in the light of the whole record before
the agency, that the Project as revised may have significant effect on the environment.
Pursuant to the evidence received, and in the light of the whole record presented, the
Project will not have a significant effect on the environment.
SECTION 5. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED this 6th day of November 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
AGENDA tTEM NO. f.o
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PLANNING COMMISION RESOLUTION 2007-_
PAGE 3 OF 3
Michael O'Neal, Chairman
Lake Elsinore Planning Commission
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
Co
AGENDA'TEM NO.
PAGE \3 OF qS
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT
FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Stacey Peterson of McArdle Associates Architects filed an
application with the City of Lake Elsinore requesting approval of General Plan
Amendment No. 2007-14, Conditional Use Permit No. 2007-21, and Industrial Design
Review No. 2006-03 for the design and construction of twenty (20) light industrial
buildings ranging in size from 6,810 square feet to 30,989 square feet On a 17.2 acre
site with related improvements (the "Entitlements") located on the north side of Chaney
Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (the
"Property"); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land covered by an MSHCP criteria cell and which require discretionary
approval by the legislative body undergo the Lake Elsinore Acquisition Process
("LEAP") and a Joint Project Review ("JPR") between the City and the Regional
Conservation Authority ("RCA") prior to public review of the project applications; and
WHEREAS, Section 6.0 further requires that development projects not within an
MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide
Requirements"; and
WHEREAS, the Applications are discretionary in nature and require review and
approval by the Planning Commission and/or City Council; and
WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or
Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project
was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency
findings prior to approving any discretionary project entitlements for development of
property that is subject to the MSHCP; and
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council regarding the consistency of
discretionary entitlements with the MSHCP; and
WHEREAS, public notice of the Entitlements has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on November 6, 2007.
ACENDA ITEM NO. (Q
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PLANNING COMMISSION RESOLUTION NO. 2007-_
PAGE 2 OF 4
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed
application and its consistency with the MSHCP prior to making a decision to
recommend that the City Council adopt findings that the Entitlements are consistent with
the MSHCP.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission makes the following findings:
1. The proposed project is a project under the City's MSHCP Resolution, and the
City must make an MSHCP Consistency finding before approval.
The Property is not located within a MSHCP Criteria Cell. However, the Property
is within the Elsinore Plan Area and must be reviewed for consistency with the
MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine
Areas and Vernal Pool Guidelines.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
As stated above, the Property is not located within a MSHCP Criteria Cell and
therefore the Entitlements were not reviewed through the LEAP or Joint Project
Review processes.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
The proposed project would impact two water features: the Lake Elsinore Outlet
Channel located adjacent to the project site, and a 0.61-acre ponded feature
located within the project site at the end of Birch Street. According to the
Determination of Biologically Equivalent or Superior Preservation Report
(DBESP), the Lake Elsinore Outlet Channel meets the Multiple Species Habitat
Conservation Plan (MSHCP) definition of a riparian/riverine resource, because it
contains freshwater flow during all or a portion of the year. The other water
feature does not meet this definition because it is artificially created and does not
have freshwater flow. Implementation of the proposed project would directly
impact 900 square feet (0.02 acre) of the Lake Elsinore Outlet Channel at each
of three proposed outfall structure locations during construction. The total impact
area would be 2,700 square feet (0.06 acre). Should a fourth storm drain outfall
structure be constructed, an additional impact to 900 square feet (0.02 acre) of
the Lake Elsinore Outlet Channel would occur, thereby totaling 3,600 square feet
(0.08 acre). As part of the DB ESP, the project would be required to implement
mitigation, and best management practices (BMPs) as part of a stormwater
pollution prevention plan (SWPPP) designed to prevent and avoid impacts to
water quality within the Lake Elsinore Outlet Channel during construction. Long-
AGENDA ITEM NO. ro
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PLANNING COMMISSION RESOLUTION NO. 2007-_
PAGE 3 OF 4
term impacts would be minimized through project design features including bio-
swales which would treat potential water quality impacts. All potential impacts to
riparian/riverine habitat have been handled in accordance with the MSHCP. In
addition, no vernal pools exist on the project site; therefore, due to the lack of
suitable habitat, there is a very low potential for vernal pool species to occur. The
project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool
Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding
this section of the MSHCP is required.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
Per MSHCP requirements, the Property is not subject to the Narrow Endemic
Plant Species Guidelines set forth in Section 6.1.3. No further action regarding
this section of the MSHCP is required.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
Per MSHCP requirements, the Property is not subject to any of the Critical Area
Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with
the exception of Burrowing Owl. No burrowing owls or burrowing owl signs were
observed within the project site or adjacent lands. The project site does not
support any active burrows or suitable habitat due to the heavy soil composition,
ongoing mechanical disturbance of the site, and the surrounding commercial
urban setting. As required by the MSHCP, mitigation has been included to
conduct a Burrowing Owl survey 30 days prior to any ground-disturbance,
including removal vegetation or other debris. No further action regarding this
section of the MSHCP is required.
6. The proposed project is consistent with the Urban/Wildlands Interface
Guidelines.
The Property is surrounded by existing development or graded parcels planned
for development. Therefore, the UrbanIWildlands Interface Guidelines set forth
in Section 6.1.4 of the MSHCP are not applicable. No further action regarding
this section of the MSHCP is required.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The project biologist has mapped the riparian/riverine resources as part of the
DBESP, in accordance with the requirements of Vegetation Mapping set forth in
Section 6.3. 1 of the MSHCP. No further action regarding this section of the
MSHCP is required.
8. The proposed project is consistent with the Fuels Management Guidelines.
ACENDA ITEM NO.
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PLANNING COMMISSION RESOLUTION NO. 2007-_
PAGE 4 OF 4
As stated above, the Property is surrounded by existing and planned
development. Therefore, the Fuels Management Guidelines as set forth in
Section 6.4 of the MSHCP are not applicable. No further action regarding this
section of the MSHCP is required.
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
10. The proposed project is consistent with the MSHCP.
The Entitlements are consistent with all applicable provisions of the MSHCP. No
further actions related to the MSHCP are required.
SECTION 3. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby recommends that the
City Council of the City of Lake Elsinore adopt findings that the Entitlements are
consistent with the MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 6th day of November 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
Lake Elsinore Planning Commission
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
AGENDA ITEM NO.
PAGE \ ~
C,
OF 9 'S
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN
AMENDMENT NO. 2007-14
WHEREAS, the City of Lake Elsinore is considering an amendment to the
General Plan Circulation Map, General Plan Amendment No. 2007-14, which will
change the alignment of the Pasadena Street Extension (the "General Plan
Amendment") allowing for the development of a light industrial park "Fairway Business
Park"; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
changes to the approved General Plan Circulation Map; and
WHEREAS, public notice of the General Plan Amendment has been given, and
the Planning Commission has considered evidence presented by the Community
Development Department and other interested parties at a public hearing held with
respect to this item on November 6,2007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed General
Plan Amendment, prior to making a decision to recommend that the City Council
approve the proposed amendment to the City's circulation map. The Planning
Commission finds and determines that Mitigated Negative Declaration No. 2007-05 is
adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA).
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for the approval of General Plan Amendment No. 2007-14:
1. The proposed General Plan Amendment will not be: a) detrimental to the health,
safety, comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to the
property or improvements in the neighborhood or within the City.
a. The design of the proposed Pasadena Street extension realignment
between Third Street and Chaney Street is based upon the Fairway
Business Park Traffic Impact Analysis prepared by Kunzman and
Associates dated February 26, 2007. The study analyzed various
alternative alignments.
ACENDA ITEM NO. b
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PLANNING COMMISION RESOLUTION 2007-_
PAGE 2 OF 2
b. Weighing the relative merits of the alternative alignments, the alignment
shown on the attached Exhibit A is considered the preferred alignment.
c. The proposed realignment has been conditioned to ensure that it will not
be detrimental to the health, safety, comfort or general welfare of the
persons residing, working or traveling within the neighborhood of the
proposed amendment.
2. The proposed General Plan Amendment will not have a significant effect on the
environment.
The General Plan Amendment does not propose any significant change to
existing land use designations and will not result in any significant environmental
impacts as explained in Mitigated Negative Declaration No. 2007-05.
SECTION 3. Based upon all of the evidence presented, and the above findings,
the Planning Commission hereby recommends the City Council of the City of Lake
Elsinore approve General Plan Amendment No. 2007-14.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 6th day of November 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
Lake Elsinore Planning Commission
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
AOENDA ITEM NO.
PACE \ ~
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OF ~S
EXHIBIT A
Proposed Pasadena Street Realignment
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ACENDA ITEM NO. (/I
PACE "'La OF ~ ,S
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2007-21
WHEREAS, McArdle Associates Architects., c/o Stacey Peterson, has filed an
application with the City of Lake Elsinore requesting the approval of Conditional Use
Permit 2007-21 (the "CUP") for the potential establishment and operation of office and
commercial showroom uses within Buildings A. B, C, & D and the establishment of
several outdoor storage area within the "Fairway Business Park" on property located on
the north side of Chaney Street, approximately 920 feet west of Minthorn Street (APN:
377-140-024); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Conditional Use Permits for expanded
conditional uses and outdoor storage areas; and
WHEREAS, public notice of the CUP has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on November 6, 2007.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed request
for Conditional Use Permit No. 2007-21 and has found it acceptable. The Planning
Commission finds and determines that this Conditional Use Permit No. 2007-21 is
consistent with the Lake Elsinore Municipal Code (LEMC).
SECTION 2. The Planning Commission has considered the Mitigated Negative
Declaration No. 2007-05 and has determined that the Mitigated Negative Declaration
has been prepared in compliance with the California Environmental Quality Act.
SECTION 3. That in accordance with Chapter 17.74 of the Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the approval
of Conditional Use Permit 2007-21:
1. The proposed use, on its own merits and within the context of its setting, is in
accord with the objectives of the General Plan and the purpose of the planning
district in which the site is located.
In order to achieve a well-balanced and functional mix of residential, commercial,
industrial, open space, recreational and institutional land uses, the project has
been evaluated in light of land use compatibility, noise, traffic and other
environmental hazards. The proposed allowance for office and commercial
showroom uses within Building A, B, C & 0 within the light industrial park
AGENDA ITEM NO.
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PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE NO.2 OF 4
comports with the objectives of the General Plan and the purpose of the planning
district in which the site is located. The optional land uses would only be
operated within a small portion of the light industrial park and are similar to other
uses already permitted within the vicinity of the project site. In addition, to the
extent necessary, conditions of approval have been imposed upon the
Conditional Use Permit to ensure that the additional uses will not negatively
impact surrounding properties.
The proposed onsite outdoor storage areas have also been evaluated against
applicable Development Code provisions and necessary conditions of approval
have been imposed to ensure land use compatibility with surrounding land uses.
2. The proposed use will not be detrimental to the general health, safety, comfort, or
general welfare of persons residing or working within the neighborhood of the
proposed use or the City, or injurious to property or improvements in the
neighborhood or the City.
Given the potential for the proposed office and commercial showroom uses and
outdoor storage areas to have a potential impact, the welfare of persons residing
or working within the neighborhood or the City, all applicable City Departments
and Agencies have been afforded the opportunity for a thorough review of the
uses and have incorporated all applicable comments and/or conditions related to
installation and maintenance of the buildings, landscaping, signage and onsite
parking improvements so as to eliminate any negative impacts to the general
health, safety, comfort, or general welfare of the surrounding neighborhood or the
City.
3. The site for the intended use is adequate in size and shape to accommodate the
use, and for all the yards, setbacks, walls or fences, landscaping, buffers and
other features required by Title 17 of the LEMC and the Historic Elsinore
Architectural Design Guidelines.
The proposed office and showroom commercial uses and outdoor storage areas
have been designed in consideration of the size and shape of the property,
thereby strengthening and enhancing the immediate light industrial area.
Further, the project as proposed, will complement the quality of existing
development and will create a visually pleasing, non-detractive relationship
between proposed and existing projects. The condominium complex has been
reviewed to ensure adequate provision of landscaping and onsite parking.
4. The site for the proposed use relates to streets and highways with proper design
both as to width and type of pavement to carry the type and quantity of traffic
generated by the subject use.
The proposed office and commercial showroom uses and outdoor storage areas
have all been reviewed in relation to the width and type of pavement needed to
carry the type and quantity of traffic generated by the uses. Moreover, all
ACENDA iTEM NO. f.o
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PLANNING COMMISSION RESOLUTION NO. 2007-
PAGE NO.3 OF 4
potential impacts have been evaluated prior to the Planning Commission's
approval of the Conditional Use Permit.
5. In approving the subject use located at Assessor Parcel Number 377-140-024,
there will be no adverse affect on abutting property or the permitted and normal
use thereof.
The proposed uses has been thoroughly reviewed and conditioned by all
applicable City Departments and outside Agencies, eliminating the potential for
any and all adverse effects on the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC
have been incorporated into the approval of the Conditional Use Permit to insure
that the use continues in a manner envisioned by these findings for the term of
the use.
Pursuant to Section 17.74.050 of the Lake Elsinore Municipal Code, the
proposed office and showroom commercial land uses and outdoor storage areas
located at Assessor Parcel Number 377-140-024 has been scheduled for
consideration and approval of the Planning Commission.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves Conditional
Use Permit No. 2007-21.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 6th day of November, 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe Preisendanz
Director of Community Development
ACENDA ITEM NO.
PACE 27"3
(n
OF 9. S
RESOLUTION NO. 2007-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF INDUSTRIAL DESIGN
REVIEW NO. 2006-03
WHEREAS, Stacey Peterson of McArdle Associates Architects filed an
application with the City of Lake Elsinore requesting approval of Industrial Design
Review No. 2006-03 for the design and construction of twenty (20) light industrial
buildings ranging in size from 6,810 square feet to 30,989 square feet on a 17.2 acre
site with related improvements (the "Project") located on the north side of Chaney
Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (the
"Property"); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of considering and making recommendations to the
City Council for industrial design review applications; and
WHEREAS, on November 6, 2007, at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the Industrial Design
Review prior to making a decision to recommend that the City Council approve the
application. The Planning Commission finds that the Industrial Design Review satisfies
all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission has considered the Mitigated Negative
Declaration No. 2007-05 and has determined that the Mitigated Negative Declaration
has been prepared in compliance with the California Environmental Quality Act.
SECTION 3. That in accordance with the State Planning and Zoning Law and
the Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for the approval of Industrial Design Review 2006-03:
1. The Project, as approved, will comply with the goals and objectives of the
General Plan, Specific Plan and the Zoning District in which the Project is
located.
The Project complies with the goals and objectives of the General Plan
because it will assist in achieving the development of a well balanced and
functional mix of residential, commercial, industrial, open space, recreational,
and institutional land uses. The Project will serve to greater diversify and
expand Lake Elsinore's economic base.
AGENDA ITEM NO.
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PLANNING COMMISSION RESOLUTION NO. 2007 -
PAGE 2 OF 3
2. The Project complies with the design directives contained in the General Plan
Urban Design Element and all other applicable provisions of the Lake
Elsinore Municipal Code.
The Project is appropriate to the site and surrounding developments in that
the light industrial park consisting of twenty (20) buildings has been designed
in consideration of the size and shape of the properly. Sufficient setbacks and
enhanced onsite landscaping have been provided thereby creating interest
and varying vistas as a person moves along abutting streets and within the
park. In addition, safe and efficient circulation has been achieved onsite.
The Project will compliment the quality of existing development and will create
a visually pleasing, non-detractive relationship between the proposed
development and existing projects through the use of a 'Contemporary'
architectural design that is similar to existing industrial developments in the
vicinity. A variety of architectural elements and colors are proposed including
recessed building entries, multiple parapet heights, decorative score lines and
eye brow canopies. In addition, proposed neutral tone colors will serve to
blend with surrounding developments and provide evidence of a concern for
quality and originality.
3. Subject to the attached conditions of approval, the Project is not anticipated to
result in any significant adverse environmental impacts.
The Planning Commission has considered the Mitigated Negative Declaration
No. 2007-05 and has determined that the Mitigated Negative Declaration has
been prepared in compliance with the California Environmental Quality Act.
All potential impacts can be mitigated to less than significant levels, and as
such, the Project will not have a significant effect on the environment.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning
Code, including guarantees and evidence of compliance with conditions, have
been incorporated into the approval of the Project to ensure development of
the property in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the
Project has been scheduled for consideration and approval of the Planning
Commission on November 6, 2007.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Project, the Planning Commission hereby
approves Industrial Design Review 2006-03.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
AGENDA ITEM NO. fo
PAGE a-5 OF 95
PLANNING COMMISSION RESOLUTION NO. 2007 -
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED this 6th day of November 2007, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
AGENDA ITEM NO. ~
PAGe a b OF ~ 'S
CONDITIONS OF
GENERAL PLAN AM
COND ONAL USE PE
IND RIAL DESIGN
FAIRWAY ~U .
PLANNING DEPARTMENT
General Conditions:
1. The Applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning the
MSHCP Consistency Findings, General Plan Amendment No. 2007-04
Conditional Use Permit No. 2007-21, Industrial Design Review No. 2006-03
and any related determinations.
2. The applicant shall deliver to the Planning Department a cashier's check or
money order made payable to the Riverside County Clerk in the amount of
$1,864.00 to enable the City to file the Notice of Determination. Said filing fee
shall be provided to the City within 48 hours of project approval.
3. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity and a
statement that complaints regarding the operation can be lodged with the City
of Lake Elsinore Code Enforcement Division at (951) 674-3124.
4. All Conditions of Approval shall be reproduced upon page one of building
plans submitted to the Building and Safety Division for Plan Check.
5. Applicant shall comply with all applicable mitigation measures listed in the
Mitigation Monitoring Program associated with the Mitigated Negative
Declaration for the Fairway Business Park.
6. Prior to issuance of any grading or building permits, the Applicant shall sign
and complete an "Acknowledgement of Conditions," and shall return the
executed original to the Community Development Department for inclusion in
the case records.
7. The Applicant shall comply with all requirements of the City's Grading
Ordinance. Construction generated dust and erosion shall be mitigated in
accordance with the provisions of lake Elsinore Municipal Code Chapter
15.72 and using accepted control techniques. Interim erosion control
measures shall be provided thirty (30) days after the site's rough grading, as
ACENDA ITEM NO.
PAOE C> '\
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OF 95
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 2 OF 14
approved by the City Engineer.
8. The Applicant shall comply with the City's Noise Ordinance. Notwithstanding
the foregoing, with regard to hours of operation, construction activity shall be
limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no
construction activity shall occur on Saturdays, Sundays or legal holidays.
9. The proposed location of onsite construction trailers shall be approved by the
Community Development Director or Designee. A cash bond of $1,000.00
shall be required for any construction trailers placed on the site and used
during construction. Bonds will be released after removal of trailers and
restoration of the site to an acceptable state, subject to the approval of the
Community Development Director or Designee.
10. The Applicant shall comply with all applicable City codes and ordinances.
Conditional Use Permit No. 2007-21:
11. The Conditional Use Permit shall comply with all applicable requirements of
the Title 17 of the Lake Elsinore Municipal Code, unless modified by
approved Conditions of Approval.
12. The Conditional Use Permit granted herein shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure which
was the subject of this approval.
13. Prior to approval of tenant improvement plans for either office or showroom
uses within Buildings A, B, C, & D the property owner shall prepare and
submit an on site parking study to the Community Development Department
for review and approval. The study shall demonstrate that adequate parking
spaces either currently exist onsite or will exist prior to commencement of a
proposed use within Buildings A, B, D & D. Commercial or other uses
requiring parking spaces at a ratio of 1 per 250 square feet will be permitted
only after a parking study, showing adequate spaces for peak parking times,
is approved by the Director of Community Development or his/her designee. If
the final site plan demonstrates that all LEMC parking requirements have
been complied with, the Director of Community Development shall have the
authority to waive the onsite parking study requirement.
14. Exterior security lighting shall be shielded and directed on-site so as not to
create glare onto neighboring properties. The proposed light fixtures shall
compliment the building architecture and shall be reviewed and approved by
the Director of Community Development or Designee.
ACENDA ITEM NO.
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CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 3 OF 14
15. All security measures requested by the Riverside County Sheriff's
Department shall be followed and adhered to at all times.
16. Outdoor storage materials shall not be visible from public rights-of-way or
adjacent properties. In addition, no materials shall be stored higher than the
adjacent screening method.
Industrial Design Review No. 2006-03:
17. Approval for Industrial Design Review No. 2006-03 will lapse and be void
unless building permits are issued within one (1) year following the date of
approval.
18. Unless specifically provided otherwise in these conditions, any alteration or
expansion of a project for which there has been a "Design Review" approval
as well as all applications for modification or other change in the conditions of
approval of a "Design Review" shall be applied for in accordance with the
provisions of Section 17.82.120.
19. No structure which has received a "Design Review" or "Minor Design Review"
approval shall be occupied or used in any manner or receive a Certificate of
Occupancy until the Director of Community Development has determined that
all Conditions of Approval have been complied with.
20. All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved
site plans or building elevations shall be subject to the review of the
Community Development Director.
21. Plan Check shall conform to the submitted plans as modified by Conditions of
Approval, or the Planning Commission/City Council through subsequent
action.
22. All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or
shielded by landscaping so that they are not visible from neighboring property
or public streets. Any material covering the roof equipment shall match the
primary wall color.
ACENDA ITEM NO._{.o
PACE o~ ..OF ~5
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 4 OF 14
23. Prior to issuance of a Certificate of Occupancy for any building onsite, a
Uniform Sign Program shall be submitted for review and approval by the
Planning Commission.
24. All freestanding and wall mounted signage proposed onsite shall comply with
the currently approved "Fairway Business Park Uniform Sign Program"
document.
25. Applicant shall comply with all ADA (Americans with Disabilities Act)
requirements.
26. Trash enclosures shall be constructed per City standards as approved by the
Community Development Director or Designee prior to issuance of Certificate
of Occupancy.
27. No exterior roof ladders shall be permitted.
28. All exterior downspouts shall be concealed within the buildings.
29. Materials and colors depicted on the plans and materials board shall be used
unless modified by the Director of Community Development or Designee. The
colors and materials include the following:
Color Schedule
Painted Concrete - Field Color
Scheme 1 - Sherwin Williams #sw6141 - Softer Tan
Scheme 2 - Sherwin Williams #sw7043 - Worldly Grey
Painted Concrete - Field Color
Scheme 1 - Sherwin Williams #sw6143 - Basket Beige
Scheme 2 - Sherwin Williams #sw7045 -Intellectual Grey
Painted Concrete - Accent Color
Scheme 1 - Sherwin Williams #sw6144 - Dapper Tan
Scheme 2 - Sherwin Williams #sw7046 - Anonymous
Mullions/Metal Doors
Painted to Match Adjacent Wall Color
Glazing
%" PPG Sloarcool (2) Azurlite
ACENDA tTEM NO._G.
PACE 3D OF ~S
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 5 OF 14
30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2')
apart.
31. All exposed slopes in excess of three feet (3') in height shall have permanent
irrigation system and erosion control vegetation installed and approved by the
Planning Division.
32. On-site surface drainage shall not cross sidewalks.
Phasing Plan:
33. The project shall be developed in three phases as shown on and in
accordance with the approved Phasing Plan Sheets 1 thru 9.
34. The Phase 2 and Phase 3 boundary areas shall be temporarily irrigated and
seeded with a flower mix upon grading until commencement of Phase 2
construction activities.
35. With the exception of a construction trailer and the use thereof, no
construction or storage activities in association with Phase 1, shall occur at
any time within the Phase 2 or Phase 3 boundary areas prior to
commencement of Phase 2 or Phase 3 construction activities.
36. Certificates of Occupancy/Building Permit Finals shall be issued in three
phases. Phase 1 shall include Buildings M, N, P, 0, R, S, T, U, V. Phase 2
shall include Buildings E, F, G, H. J, K. L. Phase 3 shall include Buildings A,
B, C, D.
Prior to Issuance of Building/Grading Permit:
37. Prior to issuance of Building Permit, the Applicant shall submit a photometric
study to the Community Development Department for review and approval.
The study shall show locations of all exterior lighting fixtures and shall verify
that a minimum 1-foot candle of illumination is achieved throughout the onsite
parking area. Moreover, the study shall demonstrate that a minimum of 5-foot
candles are achieved at building entrances.
38. All exterior wall mounted and freestanding light fixtures shall be submitted for
review and approval by the Director of Community Development. Light
fixtures shall compliment the architectural style of the buildings onsite.
39. The color, finish and pattern of all decorative paving onsite shall be submitted
for review and approval by the Director of Community Development.
AGENDA ITEM NO._ (., 5
PACE ~\ OF q
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 6 OF 14
40. Three (3) sets of the Final Landscaping/lrrigation Detail Plan shall be
submitted, reviewed and approved by the City's Landscape Architect
Consultant and the Community Development Director or Designee, prior
to issuance of building permit. A Landscape Plan Check & Inspection Fee will
be charged prior to final landscape approval.
a. All planting areas shall have permanent and automatic sprinkler
system with 100% plant and ground cover coverage using a
combination of drip and conventional irrigation methods.
b. All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
c. Plantings within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
d. Any ground mounted transformers and mechanical or electrical
equipment shall be indicated on landscape plan and screened as part
of the landscaping plan.
e. Shrubs and vines shall be planted around the onsite trash enclosures
to soften the structures.
f. Final landscape plans shall include planting and irrigation details and
shall include all tree and shrub container sizes to be reviewed and
approved by the City's landscape architect consultant.
g. The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape Guidelines.
Special attention to the use of Xeriscape or drought resistant plantings
with combination drip irrigation system to be used to prevent excessive
watering.
h. A Landscape Maintenance Bond shall be provided prior to issuance of
Certificate of Occupancy. The bond shall cover ten percent (10%) of
the total cost of landscaping improvements onsite. Release of the bond
shall be requested by the Applicant at the end of the required one year
maintenance period subject to the approval of the City's Landscape
Architect Consultant and Community Development Director or
Designee.
AGENDA ITEM NO. L,
PAGE 3 d OF '9 5
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 7 OF 14
i. All landscaping and irrigation shall be installed within affected portion
of any phase at the time a Certificate of Occupancy is requested for
any building. Final landscape plan must be consistent with approved
site plan.
j. One twenty-four inch (24") box size tree shall be installed for every five
parking spaces within the onsite parking area.
k. One twenty-four inch (24") box size tree shall be installed for every
thirty-linear feet (30') of street frontage, selected from the approved
City street tree list.
I. The landscape plan shall provide for larger sized plantings around the
perimeter of the outdoor storage areas so as to achieve immediate
screening of these areas. The specific types of plantings and
associated sizes shall be reviewed and approved by the City's
landscape architect consultant.
41. Prior to issuance of building permits, Applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been paid.
42. Prior to issuance of building permits, the Applicant shall provide assurance
that the Public Building Impact Fee has been paid.
43. Prior to issuance of building permits, the Applicant shall provide assurance
that the Library Capital Improvement Fund fee has been paid.
44. Prior to issuance of building permits, the Applicant shall provide assurance
that all Multiple Species Habitat Conservation Plan fees have been paid.
45. Prior to issuance of building permits, the Applicant shall provide evidence that
all Riverside County Fire Department standards and requirements have been
complied with.
ENGINEERING DEPARTMENT
General:
46. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to Certificate of Occupancy approval.
AGENDA ITEM NO. b
PAOE 33 OF 95
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 8 OF 14
47. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26).
48. Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project. This letter shall be submitted prior to issuance of
Building Permit.
49. Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to
construction. Construction shall be completed prior to Certificate of
Occupancy approval.
50. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed
to City of Lake Elsinore Standards. Engineering Staff shall review requests
for the use of Riverside County Road Department Standards, latest edition.
51. Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to
commencement of work.
52. Roadway design grade for local streets should not exceed 9%. The maximum
grade of 15% should only be used because of design constraints.
53. Interior streets shall be designed with 9% as the desired grade and
intersecting streets shall meet at a maximum grade of 6 % for a distance of
50-feet for each leg of the intersection.
54. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of improvements within the City of Lake
Elsinore right-of-way.
55. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements is scheduled.
56. The applicant shall install 2 permanent bench marks to Riverside County
Standards, one on the centerline at the intersection of 3rd Street and
Pasadena Street and one on the centerline at the intersection of the project's
main entry onto Chaney Street and Chaney Street.
57. Applicant shall obtain all necessary off-site easements for off-site grading
ACENDA ITEM NO. (,-;
PACE ___"3i-\ OF 9 S
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 9 OF 14
from the adjacent property owners prior to issuance of grading permit if
applicable.
58. Arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway or away from an access point shall be the
responsibility of the property owner or his agent.
59. Provide fire protection facilities as required in writing by Riverside County
Fire.
60. Provide street lighting and show lighting improvements as part of street
improvement plans. Street lights shall be constructed in accordance with the
City Standard street light spacing.
61. Submit a traffic control plan showing all permanent traffic control devices for
both on site and offsite improvements which shall be approved prior building
permit issuance. All traffic control devices and signing and striping shall be
installed prior to issuance of the Certificate of Occupancy.
62. All improvement plans shall be digitized. At Certificate of Occupancy applicant
shall submit tapes and/or discs which are compatible with City's ARC Info/GIS
or developer to pay $300 per sheet for City digitizing.
63. All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
64. Apply and obtain a grading permit with appropriate security prior to building
permit issuance. A grading plan signed and stamped by a Calif. Registered
Civil Engineer shall be required if the grading exceeds 50 cubic yards or the
existing flow pattern is substantially modified as determined by the City
Engineer. If the grading is less than 50 cubic yards and a grading plan is not
required, a grading permit shall still be obtained so that a cursory drainage
and flow pattern inspection can be conducted before grading begins.
65. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
66. An Alquis-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
67. All grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
AOENDA ITEM NO.
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CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 10 OF 14
erosion control. All manufactured slopes greater than 30 ft. in height shall be
contoured.
68. Prior to commencement of grading operations, applicant to provide to the City
with a map of all proposed haul routes to be used for movement of export
material. Such routes shall be subject to the review and approval of the City
Engineer.
69. Applicant to provide to the City a photographic baseline record of the
condition of all proposed public City haul roads. In the event of damage to
such roads, applicant shall pay full cost of restoring public roads to the
baseline condition. A bond may be required to ensure payment of damages
to the public right-of-way, subject to the approval of the City Engineer.
70. Project drainage shall be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage
easement.
71. All natural drainage traversing site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
72. On-site drainage facilities conveying off site drainage shall be contained
within drainage easements shown on the final map. A note should be added
to the final map stating: "Drainage easements shall be kept free of buildings
and obstructions".
73. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer prior to issuance of Building Permit. Developer shall mitigate any
flooding and/or erosion caused by development of site and diversion of
drainage.
74. All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
75. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system, the wording and stencil shall be consistent with
the NPDES program permit and approved by the City Engineer.
76. A drainage acceptance letter shall be required from the downstream property
owners for out-letting the proposed stormwater run-off on private property.
77. The Applicant shall be responsible for all Master Planned Drainage fees and
will receive credit for all Master Planned Drainage facilities constructed.
ACiENDA ITEM NO. ro
PAGE 3 b OF ~5
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 11 OF 14
78. Provide Tract Phasing Plan for the City Engineer's approval.
79. Submit Faithful Performance and Labor and Materials Bonds for all public
improvements for each Phase as approved by the City Engineer.
80. Applicant will be required to install erosion control measures using the best
available technology to mitigate any urban pollutants from entering the
watershed.
81. Applicant shall provide the City with proof of his having filed a Notice of Intent
(NOI) with the Regional Water Quality Control Board for the National Pollutant
Discharge Elimination System (NPDES) program with a storm water pollution
prevention plan prior to issuance of grading permits.
82. Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan (SWPPP)
including approval of erosion control for the grading plan prior to issuance of
grading permits. The applicant shall provide a Water Quality Management
Plan (WQMP) for post construction which describes BMP's that will be
implemented for the development and including maintenance responsibilities.
83. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides,
fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of stormwater
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
84. Applicant shall provide first flush BMP's using the best available technology
that will reduce storm water pollutants from parking areas and driveway
aisles.
85. Intersection site distance shall meet the design criteria of the CAL TRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
86. Dedicate and improve full half width street right-of-way and street section on
Chaney Street for the full project frontage. Right-of-way dedication and street
improvements shall be consistent with the General Plan Circulation Element.
ACENDA ITEM NO.
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CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 12 OF 14
87. Applicant shall dedicate and improve a cul-de-sac consistent with City Of
Lake Esinore Standards for the termination of Birch Street.
88. Applicant shall dedicate right-of-way and improve the intersection of
Pasadena Street and 3rd Street such that the corner of this intersection is
completed. These improvements as well as the configuration of the access
from this corner onto the property shall be approved by the City Engineer.
89. Developer to provide access to property owners and utility agencies to
property to the west of the tract including during construction.
90. Applicant shall submit a conditional letter of map revision (CLOMR) to FEMA
prior to issuance of building permits. A letter of map revision (LOMR) must be
approved from FEMA prior to the first certificate of occupancy if the project is
in the 1 DO-year flood plane.
91. The Chaney Street improvements and the off site striping including "No
Parking" signs on 3rd Street and Minthorn Street shall be completed prior
issuance of the first building permit.
92. Construct a storm drain inlet at the corner of 3rd Street and Pasadena Street
to convey the street drainage into the 3rd Street Channel.
93. Applicant shall cause to be recorded a CC&R's with recordation of irrevocable
reciprocal parking, circulation, loading and landscape maintenance easement
in favor of all lots subject to the approval of the director of Community
Development & the City Attorney. The CC& R's shall enforce standards of
building maintenance, participation in landscape maintenance, prohibition of
outside vehicle or material storage.
94. Developer shall provide an approved open space conservation easement for
the tracts open space with a fuel modification zone for a fire break to be
maintained by a homeowner's association.
95. Applicant shall design and construct all mitigation measures identified in the
approved environmental document including but not limited to the following
traffic improvements as required mitigation measures of the approved
environmental document:
a. Install traffic signal at Collier Avenue and 3rd Street prior to 51 %
occupancy.
ACENOA ITEM NO. ~
PAOE 3>5 OF q.s
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 13 OF 14
b. Install traffic signal at Collier Avenue and Chaney Street prior to 51 %
occupancy.
c. Install traffic signal at the intersection of west Minthorn Street and
Chaney Street prior to 76% occupancy.
d. Add a northbound left turn lane on Collier Avenue at the intersection
with Chaney Street.
There are TIF credits available for some of these improvements and the
project will be eligible for their fair share subject to the City Engineer's
approval.
96. Applicant shall be required to pay applicable Traffic Impact Fee (TIF),
Transportation Uniform Mitigation Fee (TUMF) and Area Drainage Fee at the
rate in effect when the fee payment is made.
97. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
A DMINISTRA TIVE SERVICES DEPARMENT
98. Prior to approval of the Final Map, Parcel Map, Site Development Plan,
Special Use Permit or building permit (as applicable), the applicant shall
annex into the Parks, Open Space and Storm Drain Maintenance Mello-Roos
Community Facilities District to fund the on-going operation and maintenance
of the new parks, parkways, open space and public storm drains constructed
within the development and federal NPDES requirements to offset the annual
negative fiscal impacts of the project. Applicant shall make a four thousand
two hundred dollar ($4,200) non-refundable deposit to cover the cost of the
annexation process. Contact Dennis Anderson, Harris & Associates at (949)
655-3900 x334 or danderson@harris-assoc.com.
99. Prior to approval of the Final Map, Parcel Map, Site Development Plan,
Special Use Permit or building permit (as applicable), the applicant shall
annex into Lighting and Landscape Maintenance District NO.1 to offset the
annual negative fiscal impacts of the project on public right-of-way
landscaped areas and neighborhood parks to be maintained by the City and
for street lights in the public right-of-way for which the City will pay for
ACENDA iTEM NO.. to
PACE 3~TOF q,5
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2007-14
CONDITIONAL USE PERMIT NO. 2007-21 &
INDUSTRIAL DESIGN REVIEW NO. 2006-03
PAGE 14 OF 14
electricity and a maintenance fee to Southern California Edison. Applicant
shall make a four thousand seven hundred dollar ($4,700) non-refundable
deposit to cover the cost of the annexation process. Contact Dennis
Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-
assoc.com.
RIVERSIDE COUNTY FIRE DEPARTMENT
100. The Applicant shall comply with all of the attached Riverside County Fire
Department conditions and standards.
RIVERSIDE COUNTY SHERIFFS DEPARTMENT
101. The Applicant shall comply with the attached Riverside County Sheriff
Department standards.
ACENDA iTEM NO. &
PACE l{\J OF q5
AUG-03-2007 FRI 08:21 AM RIV CO FIRE P&E
- .0'__-
- .._--
.- .-
FAX NO, 951 955 4886
p, 02
John R. Hawkin5 '
Fire Chief
Proudly serving the
un incorpomled
areas of Riverside
County and the
Cities of:
Banning
.:..
Beaumont
.:.
Calimesa
.)
Clillyon I~
.)
Coachella
-:.
Desert Hot Springs
q
Indii\.r1 Wells
.:.
India
".
Lake Elsinore
0:-
La Quinm
.}
Moreno VaJley
.)
Palm Desert
.)
Penis
..:.
Rancho Mirage
0:'
San Jacinto
.)
Tcmecula
BOlll"ct I;lf Supervisors
Bob Buster,
District I
John Tavaglione,
Oi&mct 2
JcffSU3ne,
District)
Roy Wilson,
Di~ rrict '1
Murion Ashl~.
Disoicl 5
R.IVERSIDE COUNT't~~/
FIRE DEPARTMENT
In cooperation with the
CalifornIa Department of Forestry and Fire Protection
= .:
2300 Market Street, 1"' FL Suite 150 . Riverside, Califomia 92501 . (951) 955--4777 · Fax (951) 955-4886
~ .. 3 -t:J f
ATTN: M,o-"+ . \~c...rr\ S ~
RE: :s:. ~O~..O 3 A-~~ \
J,.. a:.= -0 tJ,- j> p.. Q'.'J l:
The following is a list of TENTATIVE conditions only. Requirements may
change based on revised exhibit or plans.
~ Shell buildings will receive a shell final only_ No certificate of
(~ occupancy (human occupant and/or materials) will be issued until the
building occupant has been identified with their occupancy classification
and have been conditioned by Riverside County Fire Department
Occupant or tenant identification is imperative for orderly and prompt
processing. Upon Identification of the occupant or tenant, a Fire
Protection Analysis report may pe required prior to establishing the
requirements for the occupancy permit. Failure to provide a
comprehensive data analysis andJor technical information acceptable to
the fire department may result in project delays.
2b) A complete commodity listing disclosing type, quantity, level of hazard
and potential for "Reactivity" must be provided within days. The
foregoing is necessary to classify the building (5) occupancy. Failure to
provide comprehensive data and/or highly technical information will result
in project delay and requirementror a complete Fire Protection Study for
review.
2c) A complete "Third Party" Fire Protection Study will be required before the
occupancy can be classified and document processing begins. Report
content must be in keeping with Uniform fire Code, Section 103.1 ,1.
21) The land division is located in the "hazardous fire Area" of riverside
County as shown on a map on file with the Clerk of the Board of
Supervisors. Any building constructed on lots created by this land
division shall comply with the special construction provisions contained in
Riverside County Ordinance 787.2.
005) All the buildings shall be constructed with class B roofing material as per
the California Building Code.
82-J375 Highway 111, 2nd Floor. India, California 92201 . (76Q) 863--3886 . Fax (760) 863.7072
39493 Las Alamos Road. Murriata, California 92563 . (951) 600-6160 · Fax (951) 600-6164
AGENDA. HEM NO._ 0
PAGE L.\ \ _OF ~ '5
~UG~~3-2007 FlU 08:_~ AM RIV CO FIRE P&E
FAX NO, 951 955 4886
p, 03
.~.
.-....../
Economic Development Agency
Fast Track Case e
003 During the construction of this project, the site address should be clearly
marked and posted at the job site entrance. This will enable incoming
emergency equipment to locate the job site from the assigned street
location. Numbers shall be a minimum of 24 inches in height
Q Building plan check fee of $212 or/up to $1,063 (Deposit based fee) shall
~ be paid to the Riverside County Fire Department after our office has
reviewed and conditioned the plans.
30s)
&
23a)
20)
~
(~
31)
51 )
Please be advised the proposed project may not be feasible since the
existing water mains will not meet the required fire flow of GPM.
Minimum required fire flow should be '7()t::a GPM for an 4 Hour
duration at 20-PSI residual operating pressure, which must be available
before any co~iblEi material is placed on the job site. Fire flow is
based on type ~ "-l construction per the ;llO& ~ec. and
Building (s) having a fire sprinkler system.
A fire flow letter was faxed / mailed to on
. It is imperative the Riverside County Fire Department
receives the fire low letter back prior to conditioning of the Plot Plan.
super fire hydrant (s) (6" x 4'1 x 2-1/2" x 2-1/2") shall be located not less
than 25 feet or more than 165 feet from any portion of the building ~
measured along approved vehicular travel ways.
On-site super fire hydrants, on a looped system (6" x 4" x 2-1/2" x 2-1/2")
be located not less than 25 feet or more than 165 feet fram any portion of
the building as measured along approved vehicular travel wavs. The
required fire flow shall be available from any adjacent hydrant(s) in the
system.
On-site super fire hydrants (6" x 4" x 2-1/2" X 2-1/2"), will be located not
less than 25 feet or more than 165 feet from any portion of the building as
measured ?llano approved vehicular travel wavs. The required fire flow
shall be available from any adjacent hydrant(S) in the fire system
Prior to the issuance of a building permit the Applicant or Developer shall
be responsible to submit written Certification from the water company
noting the location of the existing fife hydrant and that the existing water
system is capable of delivering GPM fire flow for an
hour duration at 20-PSI residual operating pressure. If a water
system currently does not exist, the applicant or developer shall be
responsible to provide written certification that financial arrangements
have been made to provide them.
Page 2 of 5
ACENDA ITEM NO. "
PACE",-L\"2- OF _q,5
_----AUG-03-2007 FRI 08:22 AM RIV CO FIRE P&E
FAX NO. 951 955 4886
p, 04
'--.--'
----./
Economic Development Agency
Fast Track case{;)
4) . Prior to the issuance of building permit the applica,nt or Developer shall
separately submit two copies of the water system Improvement plans to
the Fire Department for review and approval. Calculated velocities
shall not exceed 10 fee per second. Plans shall conform to the fire
hydrant types, location and spacing; system shall meet the fire flow
requirements. Plans shall be signed and approved by a registered civil
engineer and the local water company with the following certification: "I
certify that the design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire Department"
001 a) Prior to the issuance of Building Permits, the developer shall depOSit with
the Rubidoux Community Services District, a check or money order
equaling the sum of $400.00 per unit as mitigation for fire protection
impacts,
001 b) Prior to the issuance of Building Permits, the developer shall deposit with
the Rubidoux Community Services District, a check or money order
equaling the sum of $ .25 cents per square foot as mitigation for fire
protection impacts.
THE APPLICANT I DEVELOPER SHALL COMPLY WITH ALL OF THE
FOLLOWING CONDITIONS PRIOR TO THE FINAL FOR OCCUPANCY.
@
Blue retro reflective pavement markers shall be mounted on private
streets I public streets and driveways to indicate location of fire hydrants,
Prior to installation, placement of markers must be approved by the
Riverside County Fire Department.
(Y2) Install a complete fire sprinkler system in all buildings requiring a fire flow
of 1500 GPM or greater. The post indicator valve and fire department
connection shall be located to the front, within 50 feet of a hydrant, and a
minimum of 25 feet from the building(s). A statement included on the title
page of the building plans. (Current deposit based fee for sprinkler plan
check is $614 per riser).
Applicant I Developer shall be responsible to install a U.L Central Station
Monitored Fire Alarm System. That monitors fire sprinkler system water
flow, P.I.V.1s and all control valves. Plans must be submitted to the fire
Department for approval prior to installation. (Current deposit based
fee for monitoring plan check is $192.00)
35) Applicant I Developer shall be responsible to install a manual and
automatic pre-recorded VOICE Fire Alarm System. Plans must be
submitted with current fee to the Fire Department for review and approval
prior to installation. Contact Fire Department for guideline handout
(Current deposit based fee for alarm is $627.00)
Page 3 of 5
AGENDA ITEM NO. Co
PACE '-{~ OF q.5
__ __AUG-03-?007 FRI 08:23 AM RIV CO FIRE P&E
FAX NO, 951 955 4886
p, 05
Economic Development Agency
Fast Track Case
.'--'
83) Applicant I Developer shall be responsible to install a manual and
automatic Fire alarm System- Plans must be submitted to the Fire
Department for approval prior to installation. (Current deposit based fee
for alarm plan check is $627.00)
32) Comply with Title 19 of the California Administrative Code_
37) Floor - Level exit signs) exit markers and exit path marking shall be
installed per the California Building Code
Q Prior to final for occupancy the applicant shall prepare and submit to the
((y Fire Department for approval, a site plan designating required Fire Lanes
with appropriate lane painting lane painting and/or signs.
8
36)
e
66)
Install portable fire extinguishers with a minimum rating of 2A-1 OBC and
signage. Fire Extinguishers located in public areas shall be in recessed
cabinets mounted 48: (inches) to center above floor level with maximum
4" (inch) projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
Install a U.L. 300 hood duct fire extinguishing system. Wet chemical
extinguishing systems shall provide automatic shutdown of all electrical
outlets under the hood. Contract a certified Fire Protection Company for
proper placement. Plans must be approved by the Fire Department prior
to installation. The automatic fire extinguishing system installed in the
cooking equipment hood shall be monitored by the building fire alarm
system. (Current deposit based fee for plan check is $215_00)
Applicant I Developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permits,
from the Riverside County Fire Department and Environmental Health
Departments. Plans must be submitted for approval prior to installation.
Aboveground fuel I mixed liquid tank(s) shall meet the following standard:
Tank must be tested and lapeled to UL2085 Protected Tank Standard or
SWRI 93-01- The test must include the Projectile Penetration Test and
the Heavy Vehicle Impact test. A sample copy of the tank's label from
an independent test laboratory must be included with your plans.
(Current deposit based fee for plan check is $217.00 for first tank. plus
$32.00 for each additional tank)
Display Boards will be as follows: Each complex shall have an
illuminated diagrammatic representatIon of the actual layout which shows
name of complex, all streets, building designators, unit members, and fire
hydrant locations within the complex. These directories shall be a
minimum (4' x 4') in dimension and located next to roadway access.
Page 4 of 5
o
OF &15
AGENDA ITEM NO.
PAGE~~
AUG-03-2007 FRI 08:25 AM RIV CO FIRE P&E
FAX NO. 951 955 4886
P. 06
Economic Development Agency
Fast Track Case
C9
B
{f}
G
The Rapid Entry System Hazardous Material data and key storage
cabinet shall be installed on the outside of the building. Plans shall be
submitted to the Riverside County Fire Department for approval prior to
installation, (Current deposit based fee for plan check IS $212.00)
Gate entrances shall be at least two feet wider than the width of the traffic
lane(s) serving that gate. Any gate providing access from a road to a
driveway shall be located at least 35 feet from the roadway and shall
open to allow a vehicle to stop without obstructing traffic on the road.
Where a one-way road with a single traffic lane provides access to a gate
entrance, a 40-foot turning radius will be used.
Gate(s) shall be automatic or manual operated, minimum P::.d.- feet
in width. Gats access shall be equipped with the Knox Company rapid
entry system. Plans shall be submitted to the Fire Department for
approval prior to installation. Automatic/manual gate pins shall be rated
with shear pin force, not to exceed 30 foot-pounds. Automatic gates shall
be equipped with emergency backup power. Gates activated by the
Knox System shall remain open until closed by the Knox System.
(Current plan check fee is $212.00; fee is subject to change.)
Final conditions will be addressed when building plans are reviewed in
the Building and Safety Office.
Page 5 of 5
AGENDA ITEM NO. Co
PAGE ~.5 ,,-OF q 5
CITY OF ~
LAKE 6LSiNORJ:
\ ,
V DREAM E;<'TREME
July 30, 2007
City of Lake Elsinore
Planning Division
130 S. Main St.
Lake Elsinore, CA 92530
ATTN: Matthew Harris, Senior Center
PROJECT TITLE: I 2006-03
APPLICANT: Stacey Petersen - McArdle Associates
Dear Mr. Harris,
Thank you for the opportunity to comment on the above project, located at
Chaney/Pasadena, commonly known as the Fairway Business Park. All
commercial building complex development design reviews should be consistent
with Lake Elsinore's Crime Prevention Through Environmental Design
specifications. The following issues of concern related to public safety and law
enforcement are presented:
COMMERCIAL CPTED
REQUIREMENTS/RECOMMENDATIONS
PRE-CONSTRUCTION & CONSTRUCTION PHASES:
To reduce thefts and burglaries during the construction phases of this project, the
developer and builders need to provide site security. The Lake Elsinore Police
Department recommends the developer and builders use bonded security guards
licensed by the State of California Bureau of Security & Investigative Services
Department to handle project security.
Prior to project completion, the surface of walls, fences, buildings, logo
monuments, etc. should be graffiti resistant through either surface composition,
applied paint type and/or planned shielding by landscaping or plants.
Prior to construction on any structure, a material storage area should be
established and enclosed by a six-foot chain link fence to minimize theft of
materials and/or equipment.
ACENDA'TEM NO. ~
PACie ~b.OF '95
A list of serial and/or license numbers of equipment stored at the location be
maintained both, at the site and any off-site main office. The public and non-
essential employees should be restricted in access to the construction areas.
Current emergency contact information for the project should be kept on file with
the Lake Elsinore Police Department, 333 W. Limited Ave., Lake Elsinore, CA
92530, phone number 951-245-3322.
The developer and/or builder's name address, and phone number should be
conspicuously posted at the construction site. Visibility into the construction site
should not be intentionally hampered. Areas actually under construction should
be lit during hours of darkness. All entrances and exits should be clearly marked.
ADDRESSING:
Address numbers should be illuminated during the hours of darkness and
positioned to be readily readable from the street. Position the address numbers
at a strategic and elevated section on the building to facilitate unhampered views
from vehicular and pedestrian vantage points. Numbers that are a minimum
height of 12" are recommended.
SECURITY SYSTEMS:
Silent or audible alarm systems should be installed. Comprehensive security
systems should be provided for the following: perimeter building and access
route protection, high valued storage areas, and interior building door to shipping
and receiving area. Closed Circuit TV security cameras are recommended.
DOORS:
Adequate security hardware, such as dead bolt locks, should be installed. All
glass doors should be secured with a dead bolt. Dead bolt locks shall be the
type whose dead bolt and deadlocking latch can be retracted by a single action
of the inside door knob/lever/turn piece.
WINDOWS:
Louvered windows should not be used. Large windows and any window
accessible from the side and rear but not visible from the street shall consist of
rated burglary-resistant glazing or its equivalent. The type that attaches to the
window frame is recommended.
ROOF TOPS AND OPENINGS:
If the building has skylights, one of the following shall be utilized for every
skylight:
-Rated burglary resistant glass or acrylic material,
ACiENDA ITEM NO.
" PACEL\.,
Co
OF 9~
-Iron bars of at least one half-inch diameter, flat steel bars of at least one quarter-
inch width, spaced no more than five inches apart under the skylight and
securely fastened, or
-Grill of at least one eighth-inch steel and two-inch mesh.
All hatchway openings on the roof of any building shall be secured as follows. If
the hatchway is wooden, it shall be covered on the outside with at least 16-gauge
sheet steel or its equivalent, attached in a manner making removal difficult. The
hatchway shall be secured from the inside with a slide bar or slide bolts. Only a
crossbar or padlock provided by the fire marshal shall be used. Outside pin-type
hinges on all hatchway openings shall have non-removable pins.
Exterior rooftop ladders should be eliminated or incorporated into the interior
design.
All air duct or air vent openings exceeding 8" by 12" on the rooftop or exterior
walls of any building shall be secured by means of:
-Iron bars or at least one half-inch diameter, or flat steel bars of at least one
quarter-inch width, spaced no more than five inches and securely fastened,
-Grill of at least one eighth-inch steel and two-inch mesh, and/or
-If the barrier is on the outside, it shall be secured with galvanized rounded-head,
flush bolts of at least 3/8" diameter.
LIGHTING:
Interior night-lights shall be used during hours of darkness when premises are
closed for business.
Parking lots and associated car ports, driveways, circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided
with lighting of sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises from at least 25 feet
away during the hours of darkness.
All exterior doors shall have their own light source, which will adequately
illuminate entry/exit areas at all hours in order to:
-Make any person on the premises clearly visible, and
-Provide adequate illumination for persons entering and exiting the building.
LANDSCAPING:
Landscaping shall be of the type and situated in locations to maximize
observation while providing the desire degree of aesthetics. Security planting
materials are encouraged along fence and property lines and under vulnerable
windows. Landscaping shall not conceal doors or windows from view, obstruct
ACENDA ITEM NO. ro
PACE L\ e OF <=}' 5
visibility of the parking lot from the street or business buildings, nor provide
access to the roof or windows.
LINE OF SIGHT/NATURAL SURVEILLANCE:
Wide-angled peepholes should be designed into solid doors, which are located in
areas where natural surveillance is compromised, and which will be utilized by
employees to access parking lots and pedestrian paths during the hours of
darkness.
Single and double-binned trash enclosures should be located at the perimeter of
the parking lot, not adjacent to buildings or contiguous to exterior building doors.
Other line of sight obstructions (including recessed doorways, alcoves, etc.)
should be avoided on building exterior walls, and interior hallways.
Employees and/or security personnel should be positioned in areas where they
cannot only monitor subjects entering and exiting the businesses but can survey
restroom entrances.
SIGNAGE/PARKING LOT:
All entrances to parking areas shall be posted with appropriate signs per
22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
Should the community development department, developer or construction staff
have any questions regarding the listed law enforcement and public safety
concerns, please contact Officer Beth DeCou (951) 245-3322.
Contact Information:
Beth DeCou / Crime Prevention Officer / CPTED Specialist
Lake Elsinore Police Department
333 W. Limited Ave.
Lake Elsinore, CA 92530
ACENDA HEM NO. Co
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AGENDA ITEM NO.
PAGE 9, '1
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OF 9-5
~I
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
NOVEMBER 6, 2007
UNIFORM SIGN PROGRAM MODIFICATION NO. 2007-07
"LAKE ELSINORE OUTLET STORES"
PROJECT TITLE:
APPLICANT:
OWNER:
ARCHITECTURAL DESIGN & SIGNS, 2950 PALISADES
DRIVE, CORONA, CA 92880
CASTLE & COOKE (ATTN: WILLIAM D. SAMPSON) 1000
STOCKDALE HIGHWAY, BAKERSFIELD, CA 93311
PROJECT REQUEST
Staff is requesting a continuance of the proposed project.
BACKGROUND
Subsequent to this project being continued to the November 6,2007 Planning Commission
meeting, the applicant has now requested that the proposed sign improvements be
considered in association with a more comprehensive Uniform Sign Program modification
that addresses the entire outlet mall. The proposed project will be brought before the
Planning Commission at a future date which has not yet been determined. Therefore, with
the consent of the Planning Commission, staff requests that this item be continued to a
date to be determined.
PREPARED BY:
MATTHEW C. HARRIS, SENIOR PLANNER
APPROVED BY:
ROLFE M. PREISENDANZ
DIRECTOR OF COMMUNITY DEVELOPMENT
AGENDA ITEM 1
PAGE~OF~
;;;~_it~ffi.:"- -.
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
JOSEPH BITTEROLF, PLANNING INTERN
NOVEMBER 6, 2007
UNIFORM SIGN PROGRAM NO. 2007-09 FOR THE
PROJECT KNOW AS THE VISCAYA VILLAGE CENTER
(APN: 379-470-083).
TOM O'MEARA, TIMBERLINE COMMERCIAL, VON
KARMAN AVE., SUITE 180, IRVINE, CA 92612
TIMBERLINE LAKESHORE, LLC.
18800 VON KARMAN AVE, #180, IRVINE CA 92612
FROM:
PREPARED BY:
DATE:
PROJECT TITLE:
APPLICANT:
OWNER:
PROJECT REQUESTS
The applicant is requesting approval of revisions to a previously approved Sign Program
for The Viscaya Village Center pursuant to the Lakeshore Village Specific Plan, Chapter
17.38 (Non-Residential Development), Chapter 17.44 (C-1, Neighborhood Commercial
District), and Chapter 17.94 (Signs-Advertising Structures), of the LEMC.
BACKGROUND
The original sign program for the Viscaya Village Center was approved on March 7,
2006 along with the Design Review, Conditional Use Permit and Variance. The
property management company has requested that we revise the existing sign program
to allow for slightly larger signs and the addition of a tenant logo signage area that
would be allowed at the discretion of the Director of Community Development.
Essentially, the objective of the proposed Sign Program is to provide standards and
specifications that assure consistency of signage throughout the Shopping Center in
regards to the quality, composition, size and placement. Moreover, the adopted Sign
Program will then be referenced and enforced by the City as the standards and
specifications for all future signage within this specific Shopping Center Area.
AOENOA ITEM NO.~_
PACE \ Or- Q.O .
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: VISCAYA VILLAGE CENTER
Page 2 of 3
PROJECT LOCATION
The commercial center is located on Lakeshore Drive, west of Riverside Drive at the
southeast corner of Lakeshore Drive and Viscaya Street.
ENVIRONMENTAL SETTING
Project
Site
EXIST
LAN
Commercial
Buildings
Lakeshore Village Specific
Plan Neighborhood
Commercial Plannin Area
C-1, Neighbor. Commercial
North
Commercial
Shopping Center
South
Detached Residential
Lakeshore Village Specific
Plan (Detached Single
Family Residential Planning
Area
C-2, General Commercial
District and C-P,
Commercial Park District
Lakeshore Village Specific
Plan (Neighborhood
Commercial and Detached
Single Family Residential
Plannin Area
East
Commercial
Buildings
West
Commercial and
Residential
PROJECT DESCRIPTION(S)
UNIFORM SIGN PROGRAM NO. 2007-09.
PLAN
Lakeshore Village
Specific Plan
Future Specific Plan "J"
and General
Commercial
Lakeshore Village
Specific Plan
Future Specific Plan "Q"
and General
Commercial
Lakeshore Village
Specific Plan
The request for a Sign Program is supportive of the purposes of Chapter 17.94 (Signs-
Advertising Structures) of the (LEMC) in that the Sign Program will avoid the
indiscriminant and substandard assembly, locations, illumination, coloring and size and
proper maintenance of signs within the Shopping Center.
All proposed changes to the Sign Program are found on page 03.0 of the Sign Program
document (Attachment B) and are as follows:
· Paragraph 2 has been "cleaned up" by identifying each section as A, Band C.
· Paragraph 2 Section C has been added to allow for a slightly larger sign for
tenants occupying multiple tenant spaces.
ACE~JOA IrE. r.l4. NO.. .-'8. .
PACE~ ~ "-o~
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE: VISCAYA VILLAGE CENTER
Page 3 of 3
· Paragraph 3 has been added to allow for a nationally recognized trademarked
logo in addition to the tenant signage. There has been a detail of the logo added
to the elevation as well.
· Paragraph 8 has been added to identify and restrict temporary window signage.
It is important to note that the language used in the proposed Sign Program
mirrors that of Chapter 17.94.150 of the L.E.M.C.
· The tenant signage height restriction has been modified from 18" to 24", which is
slightly less that 50% of the fascia in which the sign is attached, and is
appropriate in size and scale.
ENVIRONMENTAL
Staff determined that the Project is categorically exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code SS 21000 ef seq.: "CEQA") and the
CEQA Guidelines (14 C.C.R. SS 15000 ef seq.) pursuant to a class 11(a) exemption for
accessory structures because the Project involves construction of on premise signs.
(14 C.C.R. S 15311(a)).
RECOMMENDATIONS
It is recommended that the Planning Commission adopt Resolution No. 2007-_
approving Uniform Sign Program No. 2007-09.
PREPARED BY: JOSEPH BITTEROLF, PLANNING INTERN
REVIEWED AN[Y(tJfoe.
APPROVED BY: ROLFE M. PREISENDANZ, COMMUNITY DEVELOPMENT
DIRECTOR
ATTACHMENTS
1. VICINITY MAP
2. PLANNING COMMISSION RESOLUTIONS
3. CONDITIONS OF APPROVAL
4. ACKNOWLEDGEMENT OF CONDITIONS
5. NOTICE OF EXEMPTION
6. UNIFORM SIGN PROGRAM NO. 2007-09
AGENDA ITEM NO.
PACE 3
9
OF ~O
VICINITY MAP
UNIFORM SIGN PROGRAM NO. 2007-09
VISCAYA VILLAGE CENTER
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PLANNING COMMISSION
ACENDA ITEM NO. g
PAGE 4 OF dO
RESOLUTION NO. 2007-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING SIGN PROGRAM NO. 2007-09 FOR THE
COMMERCIAL SHOPPING CENTER KNOWN AS THE
VISCAYA VILLAGE CENTER LOCATED AT THE
SOUTHEAST CORNER OF LAKESHORE DRIVE AND
VISCA Y A STREET
WHEREAS, Tom O'Meara, Timberline Commercial, has initiated proceedings for
Sign Program No. 2007-09; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Sign Programs; and
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on November 6,2007;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore
DOES HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered proposed Sign Program
2007 -09 prior to making a decision for approval. The Planning Commission finds and
determines that environmental clearance and analysis for the proposed application is
provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the
Lakeshore Village Specific Plan. Said environmental document was prepared in
accordance with Article 6 of the CEQA Guidelines and was approved by the City
Council in 2003. The proposed project is consistent with the Lakeshore Village Specific
Plan and therefore, does not conflict with the findings and discussions contained in the
Mitigated Negative Declaration. Further environmental clearance is not necessary:
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore the following findings for the approval of Sign Program No. 2007-
09 has been made as follows:
1. The project, as approved, will comply with the goals and objectives of the General
Plan and the Zoning District in which the project is located.
The proposed Sign Program for the Commercial Shopping Center known as the
Viscaya Village Center complies with the goals and objectives of the General Plan,
Lakeshore Village Specific Plan, and the planning district in which the site is located,
in that the approval of this Sign Program will assist in achieving the development of
a well-balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses, diversifying Lake Elsinore's economic base.
ACENDA ITEM BO. ~
PACE 5 OF 'J. 0
PLANNING COMMISSION RESOLUTION FOR
SIGN PROGRAM NO. 2007-09
Page 2 of 3
2. The project complies with the design directives contained in Section 17.82.060 and
all other applicable provisions of the Municipal Code.
The proposed Sign Program for the Commercial Shopping Center known as the
V;scaya Village Center is appropriate to the site and surrounding developments in
that the Sign Program for V;scaya Village Center has been designed in
consideration of the size and shape of the property, thereby creating interest and
varying vistas as a person moves along the street. Further the project as proposed
will complement the quality of existing development and will create a visually
pleasing, non-detractive relationship between the proposed and existing projects in
that the architectural design, color and materials and site design proposed evidence
a concern for quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
Staff determined that the Project is categorically exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the
CEQA Guidelines (14 C.C.R. SS 15000 et seq.) pursuant to a class 11(a) exemption
for accessory structures because the Project involves construction of on premise
signs. (14 C.C.R. S 15311(a)).
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake
Elsinore Municipal Code (LEMC), the proposed Sign Program for the Commercial
Shopping Center known as the V;scaya Village Center has been scheduled for
consideration and approval of the Planning Commission.
NOW, THEREFORE, based on the above findings, the Planning Commission of
the City of Lake Elsinore DOES HEREBY approve Sign Program No. 2007-09.
Michael O'Neal, Chairman
Lake Elsinore Planning Commission
I hereby certify that the preceding resolution was adopted by the Planning Commission
at a meeting thereof conducted on November 6, 2007 by the following vote:
AYES:
Commissioners:
ACENDA ITEM NO.
PACE b
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OF ~D
PLANNING COMMISSION RESOLUTION FOR
SIGN PROGRAM NO. 2007-09
Page 3 of 3
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Rolfe M. Preisendanz,
Director of Community Development
AGENDA ITEM NO.
PACE '1
~
OF~{)
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Official, Officers, Employees, and Agents from any claim, action,
or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning the subject project known as the Viscaya Village Center
located the southeast corner of Lakeshore Drive and Viscaya Street, which action is
bought within the time period provided for in California Government Code Sections
65009 and/or 66499.37, and Public Resources Code Section 21167. The City will
promptly notify the Applicant of any such claim, action, or proceeding against the City
and will cooperate fully with the defense. If the City fails to promptly notify the Applicant
of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City.
2. The applicant shall comply with all mitigations at the described milestones contained in
the Mitigation Monitoring Plan contained within Mitigated Negative Declaration No.
2003-03, which was prepared for the Lakeshore Village Specific Plan.
DESIGN REVIEW FOR UNIFORM SIGN PROGRAM NO. 2007-09
3. The decision of the Commission shall be final ten (10) days from the date of the
decision unless an appeal has been filed with the City Council pursuant to the
provisions of Chapter 17.80.
4. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed
at the project site.
5. The location, size, style, and color for all signs shall comply with the Sign Program
(Approved herein). Any additions or revisions to the Sign Program shall require
Planning Division review and approval.
6. The Design Review approval for Sign Program No 2007-09 for the project known as the
Viscaya Village Center shall lapse and become void one (1) year following the date on
which the Design Review became effective, unless prior to the expiration of one year, a
building permit related to the Design Review is issued and construction commenced
and diligently pursued toward completion. The Design Review granted herein shall run
with the land for this one (1) year period and shall continue to be valid upon a change of
ownership of the site.
ACENDA ITEM NO.
PACE ~
<6
OF ~O
CONDITIONS OF APPROVAL
VISCAYA VILLAGE CENTER
PAGE 2 OF 2
7. Any alteration or expansion of this Design Review approval shall be reviewed according
to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal
Code.
8. All exterior sign lighting shall be reviewed and approved by the Community
Development Director.
9. Prior to approval of any sign permits the applicant shall remove the language, "subject
to the following:" at the end of section 2 paragraph "a" on page 03.0.
10. Prior to approval of any sign permits the applicant shall add paragraph "d" to section 2
on page 03.0 and it shall read, "Tenants that occupy more than one tenant space may
only be allowed one (1) sign per elevation.".
11. Prior to the approval of any sign permits the applicant shall modify Paragraph 2 to read,
"Tenants occupying multiple adjacent spaces are subject to the following:".
ACENDA ITEM NO.
PACE q
~
or- ~C>
1')494748258
13:41:32 11-01-2007
4/4
ACKNOWLEDEGEMENTOF
DRAFT CONDITIONS
RE: UNIFORM SIGN PROGRAM 2007-09 FOR THE PROJECT KNOWN AS
VISCAYA VILLAGE CENTER (APN: 379-470-083)
I hereby state that l!We acknowledge the draft Conditions of Approval for the
above named project. l!We understand that these are draft conditions only and
do hereby agree to accept and abide by all final conditions prescribed by the City
of Lake Elsinore staff, as set forth in the attachments to the approval letter that
will be sent after final project approval.
All final conditions shall be met prior to issuance of permits or prior to the first
Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the
approval of the Community Development Director of the City of Lake Elsinore.
Date l/~~
Applicant's Signatur~ & ~
Print Name: ?jO'J1/[ ~~
Address: '/8r"co \~ k'{ivYvlo-.. ft.) IJ 0
~VI't'\-L1 cA 47~rL
Phone Number: j:Jq -~ .....:tO~~ ~~
ACENDA ITEM ~JO.
PACE 10
<6
OF ~O
CITY OF ~
LAKJ; ~6/LSiNORJ:
V DREAM E;(TREMEm
Notice of Exemption
Filed With:
o
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
[8J
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title:
UNIFORM SIGN PROGRAM NO. 2007-09 FOR THE PROJECT KNOWN AS THE VISCAYA VILLAGE
CENTER (APN: 379-470-083)
Project Location (Specific): The commercial center is located on Lakeshore Drive, west of Riverside Drive at the southeast corner of
Lakeshore and Viscaya Street.
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
The applicant is requesting approval of revisions to a previously approved Sign Program for The ViSCtrya Village Center.
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Joe Bitterolf, Planning Intern, City of Lake Elsinore
Exempt Status:
o Ministerial (Section 15073)
o Declared Emergency (Section 15071 (a))
o Emergency Project (Section 15071 (b) and (c))
[8J Categorical Exemption (state type and section number): CEQA Section 21084 and CEQA Guidelines Section 15311
Reasons why project is exempt:
Staff determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et
seq.: "CEQA") and the CEQA Guidelines (14 c.c.R. ~~ 15000 et seq.) pursuant to a class l1(a) exemption for accessory structures because
the Project involves construction of on premise signs. (14 C.C.R. ~ 15311(a)).
Contact Person: Joe Bitterolf, Planning Intern
Telephone Number: (951) 674-3124 x 293
Signed:
Title: Director of Community Development
Rolfe M. Preisendanz
AGENDA ITEM NO. ~
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