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HomeMy WebLinkAboutPC Reso No 2010-020RESOLUTION NO. PC-2010-20 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2010-02 BY RICHMOND AMERICAN HOMES AT DE LA ROSA, TRACT 32503 WHEREAS, an application has been filed with the City of Lake Elsinore by Richmond American Homes (the "Developer") requesting approval of Residential Design Review No. 2010-02 (the "Design Review") proposed for 36 lots in Tract Map No. 32503, known as "De La Rosa;" and WHEREAS, the project is located south of Highway 74, east of Interstate 15 and Riverside Street, west of Greenwald, and north of Wasson Canyon (the "Site"); and WHEREAS, the Design Review includes design details for 36 lots on the Site; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to residential projects; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or PLANNING COMMISSION RESOLUTION NO. 2010-20 PAGE 2 of 5 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, Mitigated Negative Declaration No. 2004-09 ("MND") was prepared pursuant to Article 6, Negative Declaration Process, Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act, for the underlying subdivision map known as Vesting Tentative Tract Map No. 32503. Review was in anticipation of the design review development with densities up to 6 dwelling units per acre. The MND was adopted by City Council on December 14, 2004. Residential Design Review 2010-02 does not propose substantial changes to Vesting Tract Map No. 32503. WHEREAS, public notice of the Design Review has been given in accordance with the requirements of the Lake Elsinore Municipal Code, 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 June 1, 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the 36 residential homes prior to making a decision and has found them acceptable. PLANNING COMMISSION RESOLUTION NO. 2010-20 PAGE 3 of 5 SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Design Review does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Design Review were contemplated by, fully analyzed in, and mitigated through the various environmental documents previously approved for the Site. No new CEQA documentation is necessary for the Design Review. SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Residential Design Review No. 2010-02: The project as conditioned will comply with the goals and objectives of the City of Lake Elsinore General Plan. The Design Review proposes suitable residential products for the Site. 2. The project complies with the design directives contained in the City's Municipal Code. The Design Review complies with all development standards pertaining to the R- 1 Single Family Residential Zone.. The products proposed by Richmond American Homes have similar style features and shall be constructed with similar colors and materials that blend with homes already constructed in the De La Rosa tract. Therefore the proposed products are consistent and compatible with existing surroundings. The project will provide wall and fence treatments as previously approved for the tracts, as well as landscaping as previously conceptually designed for the Site. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the zoning district in which the site is located. Conditions have been applied to this project that prescribe site design, setbacks, height, architectural design, exterior materials, colors, textures, landscaping, lighting, walls and fences, grading and phasing. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Residential Design Review No. 2010-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2010-20 PAGE 4 of 5 PASSED, APPROVED AND ADOPTED on this first day of June 2010. Ji my Flores, Chairman L,-City of Lake Elsinore ATTEST: ert A. Brady ty Manager PLANNING COMMISSION RESOLUTION NO. 2010-20 PAGE 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC-2010-20 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of June 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE /obert A. Bra Manager TRACT MAP NO. 32503 PLANNING DIVISION (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 building permit issuance and may be revised.) 1. Approval Expiration. Design Review approval for Residential Project No. R 2010- 02 will lapse and be void unless a building permit is issued within two (2) years of the Planning Commission approval date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 2. Indemnity. The Applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 3. Notice Filing. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this Design Review by the Planning Commission. A check in the amount of $64.00 payable to Riverside County must be received from the applicant for this purpose prior to public hearing. 4. Revision to Plans. All site improvements shall be constructed as indicated on the approved plotting plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved plotting plan or building elevations shall be subject to approval of the Community Development Director or designee. a. All lots shall meet the minimum setback requirements of the R-1 Zone. Where dimensions are missing on conceptual plans, it is assumed that Precise Grading Plans will comply with these setback requirements. b. Lot 48 shall be redesigned to comply with the minimum R-1 Zone street side yard setback requirement of 15 feet. b. Where lots exceed the rear yard setback requirement by more than 50 feet, houses shall be staggered to provide a varied streetscape. The resubmitted plot plans have met this requirement. 5. Use of Colors & Materials. Materials and colors depicted on the approved materials boards shall be used unless modified by the applicant and approved by Page 1 of 9 the Director of Community Development or designee. 6. Style & Color Distribution. Applicant shall submit, for review and approval by the Director of Community Development or his designee, a detailed Plotting Plan prior to the issuance of building permits for each phase, which indicates the style and color scheme to be used on each lot. Styles shall be evenly distributed throughout the site. The identical product and/or color scheme shall not be constructed directly across or adjacent to one another. 7. Prior Approvals. Applicant shall comply with all requirements of the applicable underlying Tract Map 32503, unless superceded by these conditions. 8. RDA: This project is not within a designated Redevelopment Agency Project Area. 10. Hours of Construction. The developer shall comply with Chapter 17.78, Noise Control, of the Lake Elsinore Municipal Code. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply on his behalf. 11. 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, namely Monday through Friday between the hours of 7 a.m. to 5 p.m., with no construction on Saturdays, Sundays, or legal holidays, 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 or building permit. 12. Violations. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 13. Construction and/or Sales Trailers. A cash bond of $1,000.00 shall be required for any construction or sales trailers 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. Page 2 of 9 TRACT MAP NO. 32503 14. Construction Phasing. The applicant shall comply with the Phasing Plan approved for this project. Any changes to the approved Phasing Plan shall be submitted for review and approval by the Director of Community Development or his designee, with concurrence by the Engineering, Planning, and Building Divisions, and the Fire Department. 15. EVMWD. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards, including payment of applicable water and sewer connection fees. 16. Garages. Garages shall be constructed to provide a minimum of nine-feet-six- inches by nineteen-feet-six-inches (9'-6" x 19'-6") of interior clear space for two cars for a total interior clear space of nineteen-feet-six inches by nineteen-feet-six- inches (19'-6" X 19'-6"). 17. Walls & Fences. All theme walls are required to be coated with anti-graffiti paint. 18. Any retaining walls visible to the public shall match the interior masonry split face block walls in color and style. 19. 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. 20. The Developer shall construct tubular steel view fencing on all slopes. 21. Where residential lots have view fencing at the rear lot line and the depth of the rear yard is greater than 30 feet, the last ten feet of wood fencing shall be replaced with tubular steel view fencing. The applicant's Preliminary Wall and Fence Plan complies with this requirement. 22. Construction drawings for Interior Wood Fence shall comply with the City Standard Drawing Exhibit'A.' 23. A six-foot (6') decorative block wall shall be required along all side and rear property lines of the subdivision in compliance with the standards in Zoning Code Section 17.14.130.D. The "Wall and Fencing Plan" submitted and approved for the entire project shall apply. 24. Fire Department Standards. The design and construction of the project shall meet Page 3 of 9 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW all County Fire department standards for fire protection. 25. Fire Department Primary & Secondary Access. The applicant shall consult with the Building and Safety Manager and Riverside County Fire Department in order to meet primary and secondary access requirements of that agency during all phases of construction once combustibles are brought to the site. The applicant shall meet all applicable County Fire Department requirements for fire protection of the project site. 26. Four-sided Articulation. Full architectural treatments as depicted on exhibits or conditioned by these conditions of approval, shall be required for both the first and second story elevations. 27. Signage. All signage shall be reviewed and approved by the Director of Community Development or his designee, and shall require the issuance of a Sign Permit as appropriate. 28. CC&Rs. The applicant shall include this project's property owners into the existing homeowners' association (HOA), and subject to the approved Covenants, Conditions and Restrictions (CC&Rs) for said HOA, prior to release of building permits. a. All open space areas, picnic areas, tot lot, walking trails, maintenance easements, detention basins and drainage facilities shall be maintained by the HOA excepting underground storm drain pipes. b. HOA documents have been approved by the City and recorded, such as the Articles of Incorporation and CC&Rs. The applicant shall provide evidence that the lots for his project are incorporated into the HOA. C. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers and trucks over one-ton capacity. d. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. e. All lettered lots shall be owned and maintained by the HOA and so noted on the Final Map. f. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the City's Lighting, Landscaping and Maintenance District shall automatically Page 4 of 9 TRACT MAP NO. 32503 provide such maintenance and assess the HOA for this service. The CC&Rs expressly designate the City of Lake Elsinore as a Third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC&Rs. The CC&Rs designate the homeowners' association as the entity responsible for maintenance, repair, irrigation, and stability of all slopes and landscaping within the common area as such term is defined in the CC&Rs. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Director of Community Development and so noted on the Final Map. Prior to Issuance of Building/Grading Permits 31. Acknowledgment of Conditions. Within 30 days of project approval by the Planning Commission, and prior to issuance of any precise grading permits or building permits for this project, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 32. The applicant shall provide to the Director of Community Development within 30 days of approval, a final approved version of the project in digitized format. 33. Grading Ordinance Compliance. 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. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. 34. Plancheck Submittal. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 35. UBC. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes, and meet all applicable Building and Safety Division requirements. Building plans shall indicate compliance with applicable fire hazard zone requirements. Page 5 of 9 TRACT MAP NO. 32503 36. Building construction that meets fire hazard zone standards shall be used. 37. Trash Concrete Pads. Applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or his designee. 38. Driveways. Driveways shall be constructed of concrete per Building and Safety Division standards. 39. Building Addresses. The building addresses shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care should be taken to select colors and materials that contract with building walls or trim. 40. Meeting with Contractor. Prior to Building Permits the Construction Supervisor shall meet with the Planning Division to review the Conditions of Approval. 41. Landscape & Irrigation Plans. Landscaping Plans and Irrigation Details for each plan shall be required, Typical Front Yard Plans and a Cost Estimate shall be submitted for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or Designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Street Trees. The applicant shall install street trees to match existing street trees a maximum of thirty feet (30') apart, and at least twenty-four inch (24") box in size. The applicant shall plant street trees selected from the City's Street Tree List. b. Sight Visibility. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six-inches (36"). C. Water Conservation. 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. The project shall adhere to the City's Landscape Design Guidelines. Page 6 of 9 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW C. Easements. Landscaping shall be shown on both sides of any drainage easements not within a residential lot. d. Drainage facilities. Particular attention shall be given to the screening of drainage facilities from public view or adjacent residences. e. Downslopes. Down slopes adjacent to streets shall be planted and irrigated by the developer and maintained by the HOA. f. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 per cent plant and grass coverage using a combination of drip and conventional irrigation methods. 42. Revisions to Conceptual Landscape Plans. The applicant shall make the following changes prior to the submittal of Construction Landscape Drawings: a. Remove or replace the Nerium oleander due to plant toxicity and bug infestation problems with this plant. b. Add a minimum of one more groundcover. Rosmariunus o. "Huntington Carpet" offers no variety for foreground planting for every house. c. Construction plans shall identify each plant with its own plant symbol. d. Irrigation design shall comply with AB1881 regarding turf irrigation along hardscape and on slopes. The irrigation design shall comply with current City Municipal Codes. e. Slopes shall be irrigated separately from flat areas for both shrub and turf areas. f. The irrigation design of a drip line system for low water use is appropriate. Deep root watering is required for all trees within public view and for all street trees. g. A physical separation between property owners, such as private residential and HOA maintained areas should be clearly identified and constructed. 43. LEUSD. Under the provisions of SB 50, the applicant shall pay school fees to the Page 7 of 9 Lake Elsinore Unified School District prior to issuance of building permits. The applicant shall provide evidence that all required school fees have been paid. 44. Park Fees. Prior to issuance of building permits, the applicant shall pay park-in- lieu fees in effect at the time of building permit issuance. The applicant may contribute an equal amount to the construction of additional phases of Rosetta Canyon Park. 45. MSHCP Fees. Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 46. Ground Mounted Equipment. All building shall be ground mounted equipment shall be consolidated in mechanical and electrical equipment on the All outdoor ground or wall mounted utility a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permits. If the equipment is placed behind the fencing, landscaping will not be required. Air conditioning and related equipment located in side yards shall maintain a minimum of 3 feet of unobstructed, leveled clearance between the equipment and the adjacent property line. a. All floor plans shall relocate air conditioning units to the side yards where seven or more feet are available in the side yard setback. Prior to Final Approval 47. Issuance of Occupancy. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 48. Painted Fencing. Prior to final approval, all wood fencing shall be painted or treated with a high-grade, solid body, penetrating stain approved by the Director of Community Development or his designee. 49. Landscaping & Irrigation Installed. All front yards and the side yards on corner lots shall be properly landscaped and irrigated with an automatic underground irrigation system to provide 100% plant and grass coverage using a combination of drip and conventional irrigation methods. a. Bond for Model Complex. Prior to the release of a certificate of occupancy, all landscape improvements for the Model Home Complex shall be bonded for 10% of the Approved Cost Estimate for labor, equipment and materials for Page 8 of 9 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2010-02 FOR RICHMOND AMERICAN HOMES (ED DE LA ROSA IN TRACT MAP NO. 32503 one year. A bond covering 120% of the Approved Cost Estimate shall also cover the conversion of the model complex until it has been completely converted to single family uses including parking area. Bonds shall be limited in form to sureties provided by insurance companies, or to certificates of deposit that are in the name of the City of Lake Elsinore. b. Phasing. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building. c. Consistency with Approved Plans. Final landscape plan must be consistent with the approved site plan. d. Slope Landscaping. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation systems and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. e. Open Space. All adjacent Open Space areas shall be completely landscaped and restored if graded, prior to issuance of a Certificate of Occupancy for the adjacent phase. f. Landscape Bond. All landscape improvements shall be bonded with a 10 percent Faithful Performance Bond for labor and materials for one year from Certificate of Occupancy. ENGINEERING DIVISION DEPARTMENT OF ADMINISTRATIVE SERVICES - None. (End of Conditions) Page 9 of 9