HomeMy WebLinkAbout04/01/2008 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
*******************************************************************
TUESDAY, APRIL 1,2008
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 1st 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 Community Development Department at (951) 674-3124, ext. 289, 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)
PAGE 2 - PLANNING COMMISSION AGENDA- APRIL 1, 2008
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 March 4. 2008
Recommendation: Approval
2. Minor Desiqn Review of a Sinqle-Family Residence located at 1101 W. Sumner
Avenue (APN: 374-093-017)
Aqustin Resendiz. Associate Planner
Ext. 232 aresendiz@lake-elsinore.orq
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).
3. Conditional Use Permit No. 2007-28 and Tentative Condominium Map No. 35890
for the Fairway Business Park
Joe Bitterolf. Planninq Technician
Ext. 293 ibitterolf@lake-elsinre.orq
Recommendation: Continuance
4. Residential Desiqn Review No. 2007-11
Linda Miller. Plannina Consultant
Ext. 209 Imiller@lake-elsinore.orq
Recommendation: Approval
5. Tentative Parcel Map No. 33163
Kirt COUry. Planninq Consultant
Ext. 274 kcourv@lake-elsinore.orq
Recommendation: Approval
6. Conditional Use Permit No. 2007-17 for an "Outpatient" Druq and Alcohol Recoverv
Service
Justin Carlson. Associate Planner
Ext. 295 icarlson@lake-elsinore.orq
Recommendation: Approval
PAGE 3 - PLANNING COMMISSION AGENDA- APRIL 1, 2008
7. Conditional Use Permit No. 2007-18 and Commercial Desian Review 2008-06
Aaustin Resendiz. Associate Planner
Ext. 232 aresendiz@lake-elsinore.ora
Recommendation: Denial
8. Zonina Ordinance Text Amendment No. 2008-02: addina Chapter 17.26 "Density
Bonuses" to the Lake Elsinore Municipal Code reaardina the establishment of
density bonuses and other incentives linked to affordable housina developments.
childcare facilities. and land donations.
Steven McCarty. Redevelopment Proiect Manaaer
Ext. 314 smccarty@lake-elsinore.ora
Recommendation: Approval
BUSINESS ITEMS
9. Uniform Sian Proaram No. 2008-01 (Canyon Plaza Professional Offices)
Justin Carlson. Associate Planner
Ext. 295 icarlson@lake-elsinore.ora
Recommendation: Approval
INFORMATIONAL
10. Reauest for additional Plannina Commission meetina on April 29. 2008 for the
General Plan Update
Rolfe M. Preisendanz. Director of Community Development
Ext. 223 rpreisendanz@lake-elsinore.ora
Recommendation: Staff recommends that the Planning Commission consider the
request for an additional Planning Commission meeting (if necessary) on April 29,
2008.
STAFF COMMENTS
PLANNING COMMISSIONER'S COMMENTS
PAGE 4 - PLANNING COMMISSION AGENDA- APRIL 1, 2008
ADJOURNMENT
The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on
Tuesday, April 15, 2008, 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 M. 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.
~
ROLFE M. PREISENDANZ
DIRECTOR OF COMMUNITY DEVELOPMENT
i!tJj
DArE
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, MARCH 4, 2008
CALL TO ORDER:
Chairman O'Neal called the regular Planning
6:08 pm.
PLEDGE OF ALLEGIANCE:
Commissioner Mendoza led the Pledge
ROLL CALL
PRESENT: COMMISSIONER
FLORES,
ABSENT:
Also present w'f'I~,Qirect
Manager Weiner;
Planning Consultant
Coury, a'1g}(~m~li(iQeci
Development Preisendanz, Planning
na, Engineering Manager Seumalo,
nner Carlson, Planning Consultant
No request~~~peak.
CONSENTCA~eNDA~~TEMS
1. Minutes,
Regular Planning Commission Meeting Minutes for February 5, 2008.
MOVED BY ZANELLI, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
MEETING MINUTES FOR FEBRUARY 5, 2008.
AG~NDA ITEM NO.
PACE {
I
OF
---,
PAGE 2 - PLANNING COMMISSION MINUTES - MARCH 4, 2008
PUBLIC HEARING ITEMS
2. Conditional Use Permit No. 2008-05 and Industrial Design
Review No. 2007-02 for the project known as "Pasadena
Business Park"
Chairman O'Neal opened the Public Hearing at 6:09 pm.
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Consultant to review it with
the Commission and answer questions.
Planning Consultant Miller provided an overview
revisions to Condition Numbers 3 and 42 of
Commission.
'ect and handed out
Approval to the
The applicant, Steve Rawlings, Murriet, ,,<>!fornia'lread and a'/with the
amended Conditions of Approval. He indicat '.,.' ~~r)lt1bre was a coMMunication
error with sizing on some of the lots. He said ,<,j~id have a land survey done
by a licensed land surveyor and t~ re was a disc~i cy on some of the square
footages. He stated that it would. a problem ~~l the thirty five (35%)
FAR and indicated that he would p necessa <"Jtumentation to Public
Works Director Seumalo to verify the e onthe lots.
REQUEST TO SPE~Kj;;ii,
None
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Chairman>,~'~rNeabCIO~:~\~_Cj~;~blie;AII~in~>at 6: 15 pm.
_C"<</;;;<~;;;/;;":>/;:;:<:<:~" -":_:-::;_:-::::
'q/:::~
PLANliNG COMMI!I"ON a<l.MENTS
z:; ::<:>:<:>::::-::::~. -,::::::;:;:;:::;:::::;:, <:>::::::::-:~:<:::,-
;';-;";';'/':. ::;::::
Planning~~[J1missionefii~anelli thanked the applicant for the additional parking
places and.aq,gi,!Jonal pe!i~ntage of landscape coverage.
_ _ 0.,.,' N',
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Commissioner Fr><> concurred with Commissioner Zanelli and stated that
Planning Consulta< iller did an outstanding job on the project and also thanked
the applicant for the accommodation for parking as well as the landscape area,
Commissioner Mendoza concurred with his fellow Commissioners and stated to
the applicant that it is always refreshing when someone comes into the City and
exceeds their basic requirements.
Vice Chair Gonzales concurred with his fellow Commissioners.
Chairman O'Neal had no comments.
AGENDA ITEM NO.~
PAGE d- OF I
PAGE 3 - PLANNING COMMISSION MINUTES - MARCH 4, 2008
MOVED BY MENDOZA, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2008-20, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ADOPT FINDINGS THAT THE
PROJECT IS CONSISTENT WITH THE MULTIPLE
SPECIES HABITAT CONSERVATION PLAN
(MSHCP).
MOVED BY GONZALES, SECON
MENDOZA AND PASSED BY A VOT
APPROVE RESOLUTION NO. A0f~@f> 0
RESOLUTION OF THE PLANNI~.G~~OM
OF THE CITY OF LAKE ELSI~'RE, eALlFO
APPROVING CONDITIONALli,0'~>USE PERMIT
2008-05."
,~;>;>;><;:
MOVED BY GONZALES,00NDED BY
MENDOZA AND P OF 5-0, TO
APPROVE RESO NO..>g~-~.2, A
RESOLUTION OF T NING COMMisSION
.-^
OF THE CITY OF LA". CALIFORNIA,
RECOMMJ;NDING TO "'" 'n,qCIL OF THE
<;:k<:>:::::'::j~~:t':;~, "::;:,,.,:;:;r
CITY ;;'F;;';%~t.!<E ELS s!i.ORE, APPROVAL OF
INDUS;rRIAL'sS;ESIGN RE~IEW NO. 2007-02.
~>>
. Hearing at 6:18 pm.
," ;';}:;~~<~%:
^.g;;..;;.,
3. CO~di!i~nala~~
No~(I(.Jel(.,D1 , fo~i
Chaj~Ic~11 O'Neal op
Directoro~~~i~mmunity velO'pment Preisendanz provided a brief overview of
the propose~";11'2ject a equested Planning Consultant Coury to review it with
the Commissio~~~;Qd aQ>~ er questions.
<,;,;:>:::>:,<; /!;1}/7
:""";<;:;<;:~;%/
Chairman O'Neal requested clarification from Public Works Director Seumalo
regarding other Conditions.
Public Works Director Seumalo stated that there was a revision to Condition No.
56 regarding right of way construction, and the applicant requested that
Condition No. 69 be deleted. He indicated that staff was in agreement with the
deletion.
AGENDA ITEM r40. (
PACE3"Of I
PAGE 4 - PLANNING COMMISSION MINUTES - MARCH 4,2008
The applicant, Norman Brody, North Hollywood, California, stated that they have
a decent project and thinks the City will be happy with it. He thanked the
Planning Commission for considering the project and indicated that he has been
in town and had the site in the back for 32 years.
REQUESTS TO SPEAK
David Currington, Engineering Solutions, Canyon Lake, California, indicated that
he was happy to answer any questions the Commission had about the project.
Chairman O'Neal closed the Public Hearing at 6:25 pm.
and it looked very
to the Utility Water
of "Eastern
Commissioner Flores indicated that he went by th~jll
nice. He requested a change be made on the pla~~rlre
Purveyors to state "Elsinore Valley Municipal ,^,~.!er%jipistric
Municipal Water District" before going to the . 'o.uncil.
Director of Community Development Pr~i
be made on the plans before it goes to the C
would
Commissioner Mendoza reque
Seumalo on Condition No. 69 re
how could that affect adjacent prop
Public Works Director alo stated'S%
pavement and roof building
increased. He, applica
comfortable with! tenrH..~ystem th
handle the new dev...im,ilfl~111W~..IQ9.i~
hundred (.l~~~~III'~'0~torift!il~\~nt. "j'~'j!~~H
Public Works Director
are heavy rains,
is permeable ground, the
not pe eable and the drainage is
engineer and stated that staff is
'ilin place and it has the capacity to
ed that staff looks at it under one
;,-..,.-..,....:;///
Cha;rlln O'Neal rE3~'liJed 21~[<lf~9Btion regarding the detention basin.
""""'/::::~i;e>'::; .::;:;;;;p::::;;:;:;:. ,,:::~:~'?:::"
";c::::::nmm1m,:!U>;. .'<~~{~~:"::: ~,J~'"
Mr. BrodY%l~~ted that "E~y have a detention basin which is huge and have
provided a "~~I~~ of the{g~rt" filtering system with a five (5) thousand gallon tank
with two pumpS'li~$<~as~4&he of the pumps malfunctions.
"/ t;:;~(~[~:lilijj:%~~:ji;i$:;0/
Chairman O'Neal ~11(ed if the water gets disbursed over the entire building site.
Mr. Brody explained how the water gets disbursed.
Commissioner Mendoza wanted to confirm with the applicant that if there were
any flaws or deficiencies in the system that they are responsible for repairs. He
also indicated that it is a great project.
Vice Chair Gonzales stated that he liked that the project had a recycled water
system.
Acr;NOA ITEM NO.~
PAce~OF /
PAGE 5 - PLANNING COMMISSION MINUTES - MARCH 4, 2008
Commissioner Zanelli stated that he appreciates that the applicant went above
and beyond the requirements regarding the water system and the landscaping.
Commissioner Zanelli asked Public Works Director Seumalo to clarify Condition
No. 56.
Public Works Director Seumalo clarified Condition No. 56 and stated that the
applicant shall have an option to pay in lieu fee for street improvement per
Engineer's estimate.
Commissioner Zanelli stated that it is a great looking
forward to the completion.
MOVED BY GONZALES, SECOND ELLI
AND PASSED BY A VOTE OF 5,~0,ii%;0 A
RESOLUTION NO. 2008-23, RiSOLUTIO
THE PLANNING COMMISS OF THE CITY
LAKE ELSINORE, CALlFQwn RECQMMENDIN
TO THE CITY COUNCIL OF1i; ~!'''PF LAKE
ELSINORE, ADOPTION OF FI ,tiPS THAT THE
PROJECT KNOWNll.~ INDUSTRIAI1!I~OJECT NO.
2007 -01 IS CONSI$1l WITH TFll!l'~lllWESTERN
RIVERSIDE MUL i'PECIES't!i$l~t!t"~BITAT
CONSERVATION PLA~~
<it}-
MOV~.~B .' l~ELLI, S, NDED,i Y GONZALES
ANglAsSEilY A VOT~i, OF 5-0, TO APPROVE
RESO" ION 1'10. 2008-2' i, RESOLUTION OF
THE PCl ..... MIS ..' N OF THE CITY OF
.~$~'$ E. ,11!lFORNIA, APPROVING
CONSIIION SE PERMIT NO. 2008-04.
and he looks
4. Conditional User Permit No. 2007 -17 for Riverside Recovery
Resources
Chairman O'Neal stated that staff recommended continuance.
ACENDA In:MJjO.~_
PAGe ? Of -,
PAGE 6 - PLANNING COMMISSION MINUTES - MARCH 4, 2008
MOVED BY MENDOZA, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO CONTINUE
CONDITIONAL USE PERMIT NO. 2007-17 FOR
RIVERSIDE RECOVERY RESOURCES OFF
CALENDAR.
BUSINESS ITEMS
5. Uniform Sign Program No. 2007-07 "Lake Elsinore Outlet Stores"
Chairman O'Neal stated that the staff recommended continU.ance.
MOVED BY GONZALES, SECONDED
AND PASSED BY A VOTE OF 5-0,<
UNIFORM SIGN PROGRAM Nq~> ,P7-0t
ELSINORE OUTLET STORES".'FPCALEND
STAFF COMMENTS
""';;
":.,;,w
Public Works Director Seumalo gave the Capi
indicated that Commissioner Za Ii had previa
connection distance and he sai ailed the
received an answer back at that tim
:-:::;<
'<!I:%
Public Works DirectorS malo indica
the Links at Summ~~ty~<; . ourse wit
great and the Gr~II~;.~penin<ill.~ this Frid
':~:::~~~:<
"'the chance to play golf at
aff members and said it was
Director of Communii~<I~~irt~f Erei~'~danz commented that City Manager
Bob Bral~!III~~parY ... '~km','YCouncilman Thomas Buckley are in
WashiQ~ton DCto~~1~! fU~~I~ for various City projects and will be back on
W e(tm~~gay. "4;~1!1~ii<ll111l110;i<
PLANNi(N~ICOMMISSI
. >;;.;>,
CdMMENTS
/<:::~/X:;:
":;:;i/::;:;::::>/:
Commissione"
no comments.
Commissioner Flores had no comments.
4/
Commissioner Mendoza thanked the staff for their help.
Vice Chair Gonzales asked Public Works Director Seumalo if he was aware of
the difficulty of the Rite Aid left turn lanes and getting in and out of the parking lot.
Public Works Director Seumalo stated that the street improvements for the
project weren't completed but they were encouraged by the City to do them as
well as their dedication. He indicated that they are aware of the Conditions and
AGfNDA ITEM NO.
PACE ~ OF I
PAGE 7 - PLANNING COMMISSION MINUTES - MARCH 4,2008
are concerned about how to resolve them. He explained how engineering would
resolve the problem with the left turn lanes.
Chairman O'Neal thanked Planning Consultant Coury and Public Works Director
Seumalo for their patience regarding some issues that he brought to them
regarding a few projects and thanked them for their support.
INFORMATIONAL
Office Specialist III
ADJOURNMENT
THERE BEING NO FURTHER
ADJOURNED THE MEETING AT 6:43 pm.
Respectfully Submitted,
ATTEST:
AGENDA ITEM no. {
PACE L OF t
CITY OF ~
LAKf; ,6,LSiNORf:
~...# 0 REAM E,XTREM E...
CITY OF LAKE ELSINORE
REPORT TO THE PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
APRIL 1, 2008
MINOR DESIGN REVIEW FOR A SINGLE-FAMILY
RESIDENCE LOCATED AT 1101 W. SUMNER AVENUE,
ASSESSOR PARCEL NUMBER 374-093-017.
PROJECT TITLE:
OWNER:
MR. NOEL SAENZ;
4331 WALNUT AVE, UNIT "C",
L YNWOOD, CA 90262
SAME
APPLICANT:
PROJECT REQUEST
The applicant is requesting Minor Design Review consideration for a 1,759 square foot
conventionally built two-story Single-Family residence and a 477 square foot attached
garage pursuant to Chapter 17.14 (Residential Development Standards); Chapters
17.82 (Design Review); Chapter 17.23 (R-1 Single Family Residential District) of the
Lake Elsinore Municipal Code (LEMC); and the Lake Elsinore Historic District and
Architectural Design Standards.
AGENDA ITEM NO. d-
PAGE -L OF ~~
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
PAGE20F5
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY
RESIDENCE LOCATED AT 1101 W. SUMNER AVENUE
APN 374-093-017.
PROJECT LOCATION
The project is located at 1101 W. Sumner Avenue within the City's Historic District and
zoned as Low Medium Density (LMD) Residential and has a General Plan Designation of
Low Medium Density (LMD).
PROJECT DESCRIPTION
The vacant project site is approximately 7,840 square feet, and is located at 1101 W.
Sumner Avenue, which is at the north-west intersection of Sumner Avenue and Silver
Street within the Historic District. The property is also located within the Redevelopment
Agency Area NO.3. The applicant plans to construct a two-story 1,759 square foot
conventionally built residence with a 477 square foot attached two-car garage. The total
building footprint is approximately 1,260 square feet and would cover sixteen percent
(16%) of the 7,840 square foot lot.
ENVIRONMENTAL SETTING
Project Vacant LMD (Low Medium Density) LMD (Low Medium
Site Densi
North Single Family LMD (Low Medium Density) LMD (Low Medium
Densi
South Single Family LMD (Low Medium Density) LMD (Low Medium
Densit
East Single Family LMD (Low Medium Density) LMD (Low Medium
Densit
West Single Family LMD (Low Medium Density) LMD (Low Medium
Densit )
Sinale-Familv Residence
The proposed residential unit will include a living room, dining room, kitchen, a half
bathroom, and a two car garage, on the first floor. The second level will include two
bedrooms, a full bath, a Master bedroom, a den area, and a partially covered terrace
above the garage area.
AGENDA ITEM NO. )-
PAGE ;L OF ~
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
PAGE 3 OF 5
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY
RESIDENCE LOCATED AT 1101 W. SUMNER AVENUE
APN 374-093-017.
Architectural Stvle
The Historic Overlay District Standards require that new residential construction include
elements of various 1920's styles. The applicant has chosen to construct the proposed
single-family residence using elements similar to a "Spanish" architectural style that
includes characteristics such as stucco or brick exterior walls, often painted white or
cream to contrast the roof of the home, terra cotta or brightly colored roof tiles and low-
pitched gable or hipped roof.
The low pitch roof will incorporate "s" shape light weight concrete tile, including "s" style
aluminum attic vents. The white color exterior walls will be stucco and will have a
"California" texture finish that will complement the proposed project as well as meeting
the intent of the Lake Elsinore Historic District Development Standards and Design
Guidelines.
Materials and Colors
Architectural Feature
Ent Door
Walls
Roof
F ascia/Window/Door Accents
Balcon Railin
Window Treatments
Material
Wood
Stucco-California Finish
Li ht Concrete "S" Tile
Wood
Wrou ht Iron
Wrou ht Iron
Colors
S anish Brown
C stal White
Burnt Terracotta
S anish Brown
Spanish Brown
S anish Brown
Landscapina and Fencina
The applicant has provided a Preliminary Landscape Plan that proposes landscaping
along the front and rear of the property. A Condition of Approval has been incorporated
into the staff report requiring street trees, shrubbery, an automatic sprinkler system and
rain sensor to be incorporated to the property. The applicant is also providing a six (6')
foot high perimeter wood fence per city standards.
ANAL YSIS
Staff has determined that the proposed project meets the minimum requirements of the
Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design
Standards. Additionally, this home will meet or exceed the quality of the existing homes
in the area, both in size and design.
AGENDA ITEM NO. d-
PAGE ~ OF :>- 'V
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
PAGE 4 OF 5
PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY
RESIDENCE LOCATED AT 1101 W. SUMNER AVENUE
APN 374-093-017.
The proposed plans also indicate that water and sewer will be provided by Elsinore
Valley Municipal Water District (EVMWD). The applicant was also notified by staff that
although a fire hydrant is located in front of the property and that water service will be
provided, a fire flow test with the results acceptable to the Riverside County Fire
Department would also be required. Additionally as per the conditions of approval, no
building permits will be issued until an acceptable fire flow test is conducted.
ENVIRONMENTAL DETERMINATION
The proposed project has been deemed 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 3(a) exemption for
new construction or conversion of small structures because the Project involves
construction of one single-family residence. (See 14 C.C.R. S 15303(a)).
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2008-_
approving the proposed Minor Design Review for a two-story, 1,759 square foot
conventionally built residence and a 477 square foot attached two-car garage, located
at 1101 W. Sumner Avenue. This recommendation is based on the following Findings,
Exhibits, and attached Conditions of Approval.
Prepared by:
Agustin Resendiz,
Associate Planner
Approved by:
Rolfe M. Preisendanz, ~ /l
Director of Community Developme&/I f' ,Y'----
ATTACHMENTS:
1. Vicinity Map
2. Planning Commission Resolution
3. Planning Commission Conditions Of Approval
4. Signed Draft Acknowledgment Of Conditions Of Approval
5. CEQA-Notice Of Exemption
6. EVMWD "Will Serve" Letter
7. Reduced Exhibits
8. Color Swatches
9. Large Exhibits
AGENDA ITEM NO. ;;L.
PAGE~OF ~ e
VICINITY MAP
MINOR DESIGN REVIEW FORASINGLE FAMILY RESIDENCE
LOCATED AT 1101 W. SUMNERAVENUE
PLANNING COMMISSION
AGENDA ITEM NO. :;)-
PAOE_5 Of .d-~
RESOLUTION NO. 2008-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN
REVIEW FOR A TWO-STORY SINGLE-FAMILY DWELLING UNIT
LOCATED AT 1101 W. SUMNER AVENUE.
WHEREAS, Mr. Noel Saenz filed an application with the City of Lake Elsinore
requesting approval of a Minor Design Review for a two-story single-family residence
located at 1101 W. Sumner Avenue, (APN: 374-093-017); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of considering, 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 with respect to this item on April 1, 2008.
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 single family residence and has found it acceptable. The Planning Commission finds
and determines this project is consistent with the Lake Elsinore Municipal Code
("LEMC"), and the Historic Elsinore Architectural Design Standards.
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 CEQA Guidelines (14 C.C.R. SS 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.
(See 14 C.C.R. S 15303(a)).
SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning
Commission makes the following findings for the approval of the Project:
1. The Project 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,
which is Low Medium Density. The Low Medium Density designation is intended
for a wide range of residential development types including attached and
detached single-family units at the lower end of the range and multiple family
units at the higher end of the density range. The maximum permissible density
under the Low Medium Density designation is six (6) dwelling units per acre. The
Project proposes a single dwelling unit for the entire existing lot, which falls within
the permissible density range of the Low Medium Density designation.
AGENDA ITEI-yi NO. :J-
PAGEjLOF ~l()
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 2 OF 3
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 the City of Lake Elsinore. The Project encourages the development and
maintenance of a broad range of housing types for all income groups and age
categories. The Project, which incorporates "Spanish" style architectural
elements provides a well rounded design and maintains the desirable rural
characteristics and base framework of the City to achieve quality and
compatibility with preexisting development.
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
single family dwelling unit integrates a twenty foot (20) front yard and rear yard
setback, sufficient front yard landscaping and safe and sufficient on-site vehicular
circulation. Further, use of the "Spanish" architectural style in the Project
complements the quality of existing development and will create a visually
pleasing, non-detractive relationship with existing projects in the area.
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. Therefore, no further
environmental analysis is required. Notwithstanding the foregoing, however, the
attached conditions of approval incorporate design features into the Project
which suggest that 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 1101
W Sumner Avenue (APN: 374-093-017) 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
AGENDA ITEM NO. ;)-
PAGE~OF4~
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 3 OF 3
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 subject project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
Pursuant to LEMC Section 17.82.070, the Project has been scheduled for
consideration and approval of the Planning Commission. The applicant shall
meet all required setbacks and development standards pursuant to LEMC
Section 17.23 (R-1 Single-Family Residential District). Any revisions to the Minor
Design Review 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.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 1st. Day of April, 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe Preisendanz,
Director of Community Development
AGENDA ITE!)4"NO. .;}..
PAGE J2. OF -2.~
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE
LOCATED AT 1101 W. SUMNER AVENUE (APN: 374-093-017).
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 Single-Family
residential development 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 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 a single-family dwelling unit located at 1101 W.
Sumner Avenue (APN: 374-093-017), 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 the issuance of building permits the applicant shall provide the
Community Development Department confirmation that fire flow availability and
emergency access has been found to be acceptable by the Riverside County
Fire Department.
7. 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.
8. 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.
AGfNDA ITEM NO. )-
PAGE if OF d 3
9. All wrought iron window ornaments and on balconies must be decorative with
final design subject to approval by the Community Development Director or
designee.
10. 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 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.
11. All windows shall use foam surrounds and/or other architectural-type features
approved by the Community Development Director or designee.
12. The applicant shall provide coach lights on each side of the garage doors.
13. 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.
14. All roofing materials shall have a minimum Class "A" Fire rating, and so noted on
the construction plans.
15. The Applicant is to meet all applicable City Codes and Ordinances.
16. 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.
17. 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.
18. 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.
19. 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.
AGENDA ITEM NO. d-
PAGE~OF do-- CC)
20. Garages shall be constructed to provide a minimum interior clear space of twenty
feet (20') x twenty feet (20') for two cars.
21. 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.
22. Planting within fifteen feet (15') of ingress/egress points shall be no higher than
36 inches.
23. Driveways shall be constructed of concrete per Building and Safety Division
standards.
24. 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.
25. 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.
26. The applicant shall provide a flat concrete pad with minimum dimensions of 3'- 0"
by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be
concealed from public view.
27. 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.
28. Prior to the issuance of a Grading Permit 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 installed prior to the issuance of a
grading and/or building permit whichever occurs first.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
29. 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.
AGENDA ITEM NO. ;)-
PAOE-1L-Of ol-<fJ
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. Prior to the issuance of a building permit, the applicant shall indicate on the site
plan and elevations plan that he will be incorporating six-foot (6') wood fence
along the perimeter of the property. In addition, the proposed return walls and
pilasters shall aesthetically match the exterior materials of the proposed dwelling
unit.
32. 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.
33. 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.
34. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior
to the issuance of a building permit.
35. The applicant/developer shall submit a 'Will Serve" letter to the City Planning
Division from the applicable water agency stating that water and sewer service
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. The
applicant shall submit this letter prior to applying for a building permit.
COMMUNITY SERVICES DEPARTMENT
36. The applicant shall pay park fees of $1 ,600 per unit.
37. The applicant shall comply with all City Ordinances regarding construction debris
removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
AGfhtDA rntM NO. -;;L
PAGE (~ Of ;>--ce
PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY
38. The Applicant shall plant twenty-four inch (24") box street trees along all street
frontages selected from the City Street Tree List, a maximum of thirty feet (30')
apart. Planting is subject to the approval of the Community Development Director
or designee prior to issuance of a Certificate of Occupancy.
39. 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.
40. 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.
41. 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.
42. 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.
43. The applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
ENGINEERING DIVISION
GENERAL:
43. All 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.
44. 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.
45. 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.
ACENDA ''tiM 00.__ :L
PA<iE....13 - Of2~ ,~
46. 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.
47. Provide fire protection access and facilities as required in writing by Riverside
County Fire.
48. 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.
49. 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. Digital files for the border and the notes are available by request to
"agutierrez@lake-elsinore.org".
DEDICATION:
50. Dedicate a 2.5' wide strip of additional right of way along northerly property line
to the City for alley widening and improvements prior to issuance of building
permit.
51. 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
and recordation prior to issuance of building permit. Digital files for the Grant
Deed and Grant of Easement are available by request to "agutierrez@lake-
elsinore.org" .
STREET IMPROVEMENTS
52. Construct concrete sidewalk, curb and gutter and reconstruct the pavement from
one foot beyond centerline of Sumner Avenue and Silver Street to concrete
gutter edge (the minimum pavement section shall be 3" Asphalt Concrete over 5"
Aggregate Base), per approved street plans (LEMC Title 12). Plans shall be
approved and signed by the City Engineer prior to issuance of building permit
(LEMC 16.34).
53. Construct alley improvements including alley concrete apron from new property
line to 2' beyond the alley centerline. Asphalt concrete pavement shall have a
minimum of 2.5" AC pavement over compacted 4" native soil. Plans shall be
approved and signed by the City Engineer prior to issuance of building permit
(LEMC 16.34).
54. A Calif. Registered Civil Engineer shall prepare street and alley improvement
plans and specifications. Improvements shall be designed and constructed to
;L
AC~"'DA m:M1 00,_. ,
PAOE-LLOf 2~-
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34). 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
Sumner Avenue and Silver Street centerlines.
55. 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
issuance of building permit. An encroachment permit will be required to do the
work.
56. 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 issuance of building permits.
57. 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.
GRADING
58. Developer shall obtain all necessary off-site easements for off-site grading, if
any, from the adjacent property owners prior to issuance of grading permit
approval.
59. Apply and obtain a grading permit with appropriate security prior to any grading
activity.
60. A grading plan stamped/signed by a California Registered Civil Engineer is
required if the sum of the cut and fill for 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. 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.
61. 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.
62. 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 "An in the Riverside County NPDES Drainage Area
Management Plan.
AGENDA rTEM1MO. :;';r?J .:
PACEL 5 _OF... .. --
63. 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. The geotechnical engineer shall make recommendation for the minimum
distance of building foundation to the top and toe of slopes.
DRAINAGE:
64. 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.
65. 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.
66. 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. All roof runoff shall be collected
and diverted to landscaping prior to entering into street improvements.
FEES:
67. 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 $519.00 (Town NO.6
Dist.) and the current TUMF amount is $10,046.00; the amount of fees shall be
adiusted accordina to the fee schedule current at the time of payment.
STORMWATERI CLEANWATER PROTECTION PROGRAM
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 1TEM i-JO. d- _
iPAGE~Of_~8,_
2008-03-2603:35
Noel Saenz 13106327396 >>
P 1/1
ACKNOWLEDEGEMENT OF
DRAFT CONDITIONS
RE: MINOR DESIGN REVIEW OF A SINGLE-FA MIL Y RESIDENCE
LOCATED AT 1101 W. SUMNER AVENUE (APN: 374-093-017).
I hereby state that I1We 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 pennits 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: '3 ;:;.. (, oC;S
Applicant's Signature: tJtJt I
Print Name: Notl
Address:
~F,J '-~~-
)~FNZ-
-
~
Phone Number:
AGENDA i1iM NO.__~
PAGE \ / _Of ~
CITY OF ~
LA.K.f; ,6,LSiNO~
~.~ DREAM EXTREME",
Notice of Exemption
Filed With:
o
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
~
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title:
Minor Design Review for a two-story Single-Family Residential Dwelling Unit
Project Location (Specific): 1101 W. Sumner Avenue; APN: 374-093-017
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
The applicant is requesting design review consideration for the design and development of a two-story, 1,759 square foot
conventionally built residence and a 477 square foot attached two-car garage, located at 1101 Sumner Avenue. The property is
located within the Low Medium Density Zone of the Lake Elsinore Historic District and has a General Plan designation of
"LMD" Low Medium Density. The property is also located within the Redevelopment Agency Area Number 3.
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:
o Ministerial (Section 15073)
o Declared Emergency (Section 15071 (a))
o Emergency Project (Section 15071 (b) and (c))
I2S] 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:
Meets the requirements applied by Section 15303 of CEQA.
Contact Person:
Telephone Number: (951) 674-3124 x 232
Signed:
Rolfe M. Preisendanz
Title: Director of Community Development
AGENDA ,TiM NO.__ ~
PAa: '(8 -~~
-
n~f"'A(..,r.nQ v^.. n.J::1f ...."..,. nC1 ~""l... ......... "'",UV9"lo .~_.:____.:.._ ""__...
2008-03-2402:41 Noel Saenz 13106327396:>:>
r:t.^ ^, I "^ '"
P2(2
Service Commitment Letter # 2010-2
Elsinore Valley Munlclpel Wa,er District
Originally Quoted; 817/2007 I Revised 3/24/2008
P.O. Box 3000 - 31315 Chaney Sl. - Lake Elainorv, CA 921130
(951) 574-310411 - FAX (~1) 574-75&4
... ... ......... ...~".... ... .....~.. ...... _........
............ .....
.. . . ......... ".. ..~. . ........,...". ...,... ... ... .....n.. ....., ,....... .
............ ............ ......... . .................._..........._...__._-~_...._........_................-.-.......-.........-..............-.........-......
L.ocatlon:
Zoning:
APH;
Phon.:
... . " . ........... .~, . .
Intersection of Sumner Avenue & Silver Street, lake
Residential
374-093-017
(310) 632-7396 Fax; (951) 834-0395
.. or LOti:
Aarulle:
Tn'l1t Map:
1
<1
Noel Saenz
4331 Walnut Avenue, #C
Lynwood. CA 90262
Attn: Bob Helfman
Will StINe Fe.. Paid;
PaId Date:
$75.00
51712007
1293/161476
Chec:k I Rec:elpl'"
Water Fen Effective D.t. 1/1/2008 to 1130/2008
..~(t?Je~U.~.IIJ. ~h.~.p.~~J'!c..t!.'!d.I~..eIlp.1.IJ,..f.()t..8.~r.v.Ic~~. ......
The a..bullt. IndIcated a water service to your property, An on-site Investigation revealed no existing water
seIVice. Consequently, the pricing has been changed to reflect installation fees required to construct the water
service.
F.. Dnc:rlpllon
3/4" FS PO Metera
UnIt
Oomeatic
Qty
1
P... per Unit:
B... FHa
$8,622.00
18.522.00
Per UnIt
Cl'tdltl MJu.t N~ "...
$6,522.00
To"( W.Nr Fee.
Totel Amt
$8,tI2;'!.OO
$8,122.00
r..
.... .. ... ...... .H.........,.. '.'. ...~.. .... . ..... ........, . ...,.... . .... '."" .. .. . . .. . ...... '.' .. '.',...
hW1tf F... Effeotlv8 Oate 1/1/2008 to 8/30/2008
..e.rPj~J...,!!fl.I.~!~.~r~.~ry!.~f!_~!!.t!,.9.'1.mfl.JC!Hc>,~!f.JJl..c...~~J!.i!-',':)!lS!: ...... _... . . ... ............ ..... _.. ..... .......
The DI$trict has Investigated the eXisting sewer in your 8/"" and found the sewer line to be sub-standard and non-
forming and wa. \.Ineble to determine the extent of the sewer line. Therefore, 8 sewer line exten810n I. required
weaterly from the existing manhole at the interaection of Silver Street and Sumner Avenue fronting the entire
footage of the parce'. epproximately 60 feet, A tewer letefal must also be constructed to the property. A Civil
Engineer must design plans per District Standards. A Procedure Packet Is enclosed for your reference that
outtlnes the calculation of Plln Cheek end Inspection Feel.s well 818 other Plan Check Submittal Forms.
F.. Deunpl:lon
Regional &awer
Connectlon Fee,
Unit
. .., , .. .....
Capaolty .l::'~.o.p", .
Qty R.tIa EDU BIM F_ Credit/Mil"
Net Fa..
T otIIl Amt
By Sewer
Are. Per
EOU
1 $6,690.00
- S6,690.00
$6.890.00
F... JHr Unit:
SI,no.oo Total S.ww P...
Total Water and Sewer Fees
$8.890.00
$15,212.00
S~W8' Lateral. L~catlon/Il.t~rkl~" Pl'I)eot:iure
To sohedule 8n Inspection appolntment for a sewer lateral connection, call EVMWD's Engineering Department at
el(tenslon 8265. at least 48 hours in advance.
To schedule a pre-oonstructlon meeting 104' sewer lateral construction, call EVMWD's Engln..rlng Depiilrtm.nl at
extension 8265. at least ~ hOUT8 in advance. See Procedures To Construct Sewer lateral for additional
Information.
AGENDA ITEM NO.~
PAGE~Of ;)-lC)
^~ ,,..,, '''''''^D
2008-03-24 02:41
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Service Commitment Letter # 2010-2
EI.Jnore VII/ley MuniclpBI WB~r District
Originally Quoted: 617/20071 Revleed 3/24/2008
P.O. BOll 3000 ~ 31315 Cl1Gney 51. ~ Lake EI&lnore. CA 9a630
(i51) 674-3146 ~ FAX (i51) 674.7554
... .... . .
.."...".,.................,,,.....
Note. you must CQntact Underground Service Alert (USA Dig Alert) at 1-800-227-2600 for all utility mendng at least
ttlree working days prior to digging.
Current water and/or sewer connection fees are subject to change without notice by the Board of Directors end
fee. will be based on the current fee In effect at the time of payment of fees.
Additional Connection Fee Information
. . ,'. ....... '. .', ..... '...' ,'." ..... ....,',..
A water and/or sewer service application must accompany tne payment or fees to the Meter Department, attention
of Stella Butler at ext 8222. A $10 sSNles origination charge per new account will be billed on your first
WIIter/sewer bill.
District standards allow for a 30 day installation period upon payment for meter connection fees. Generally,
meters are Installed within 14-21 working days. The District requires seven days notification before Intention to
deliver payment In order 1.0 coordinate the most efficient placement and/or connection to facilities.
Meters must be installed and connection to sewer facilitilias must occur within six months of purcha&e date or any
subsequent fee Increass, are applicable.
If water service Is being reQuested. 8 weIer meter location etake will be provided for placement on yoc.rr parcel at
time of payment. It Is the responslblllty of the customer to place the stake on the parcel. The Di;trlct will not set
the meter without stake placement.
This quote does not contain an 8stlmate for any engineering deposits or fees relliltec:l to plsn checking or InspectIon
related deposits other than latersllnspsction. Plel!lse conlact the District Engln99r at 874-3146 with any questions
that you may have.
Current weter end/or sewer connection fees are subject to chango without notice by the Board of Directors and
fe89 will be baled on the current fee in effect at the time of fee payment. Please note that all appllcationa must
Include APN numbers.
W.terJS.wer Fe. Paym.nts
PaId Date:
Check ,: Receipt ,; Paid:
Authorized by
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H
DlIlte: Originally Quoted 8(7/2007
Revl&sd 312412008
Or.s KOWBlskl. P.E.
Senior Civil E.ngineer
AGH~DA ITI:M NO.~
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ACENDA ITEM NO. ?-
PAGE if <O-~i-~"_
~
CITY OF .v~
LA~ \6,LSiNO~
Y DREAM EXTREME...
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:
APRIL 1,2008
CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE
CONDOMINIUM MAP NO. 35890 "FAIRWAY BUSINESS
PARK"
< ,
PROJECT TITLE:
OWNER:
SIAVASH REZAEI, SW ENGINEERING, 41951
REMINGTON AVENUE #160, TEMECULA, CA 92590
ARI CHANEY, 1601 N. SEPULVEDA BLVD. #401,
MANHATTAN BEACH, CA90266
APPLICANT:
PROJECT REQUEST
The applicant has requested that staff continue this item so that they may have more time
to review the Conditions of Approval.
PROJECT LOCATION
The project site is located on the north side of Chaney Street, approximately 920 feet west
of Minthorn Street (APN: 377-140-024)
RECOMMENDATION
Staff's recommendation is that this item be continued to the May 6, 2008 meeting.
Prepared by:
Joseph Bitterolf
Planning Technician
Approved by :
Rolfe M. Preisendanz,
Director of Community Development~ 3
AGENDA ITEM
PAGE-LOF~
CITY OF ~
LAKE ,6,LSiNORf:
'ij;!!.~ DREAM E,XTREME...
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:
APRIL 1, 2008
RESIDENTIAL DESIGN REVIEW NO. 2007-11
GENE SCHOENLE, CMS INC., 28421 SAGE GLEN TRAIL,
ESCONDIDO, CALIFORNIA 92026
KISH NORTH & JON REMINGTON, CAPITAL DIRECT
LENDING, 18200 YORBA LINDA BLVD, SUITE 1097, VORBA
LINDA, CALIFORNIA 92886
DATE:
APPLICANT:
OWNER:
PROJECT REQUEST:
This is a request for review and approval of Residential Design Review No. 2007-11 for
an eight (8) unit, 6,409 square foot multi-family residential apartment project and
associated improvements. Review is pursuant to Chapter 17.82 (Design Review),
Chapter 17.24 (R-2 Medium Density Residential District) Chapter 17.14 (Residential
Development Standards), Chapter 17.66 (Parking Requirements) and all other
associated Chapters of the Lake Elsinore Municipal Code (LEMC) and the requirements
of the Historic Elsinore Architectural Design Guidelines.
PROJECT LOCATION
The project site is located at 222 & 226 Conklin Avenue within the Historic Overlay
District (APN's 373-054-001 and 002).
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PLANNING COMMISSION STAFF REPORT
APRIL 1, 2008
PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007-11
ENVIRONMENTAL SETTING
Project Site Vacant MHD - Medium High MHD - High Density
Densit Residential Residential
North Vacant/Single Family MHD - Medium High MHD - High Density
Residential Densit Residential Residential
South Vacant R-1, Single Family Future Specific Plan
Residential District 'K'
East Vacant MHD - Medium High MHD - High Density
Densi Residential Residential
West Single Family MHD - Medium High MHD - High Density
Residential Densi Residential Residential
PROJECT DESCRIPTION
The project includes the construction of two (2) conventionally built buildings on a
20,883 square foot vacant lot. The two (2) story buildings occupy approximately 6,409
square feet or thirty-two percent (32%) of the lot area which is within the maximum floor
area ratio allowance of thirty-five percent (35%) according to the MHD (Medium High
Density Residential) designation pursuant to the Historic Elsinore Architectural Design
Standards. Water and Sewer service will be provided by Elsinore Valley Municipal
Water District. A Will Serve letter for these utilities is included in this report. Currently,
the project consists of two (2) legal lots. The applicant will be required to obtain
approval of a lot merger prior to obtaining a building permit.
Each building consists of four (4) units; two (2) units on the first floor and two units on
the second floor. Units range in size from 812 square feet to 1,015 square feet. Seven
(7) units will include a living room, dining room, kitchen, two (2) bedrooms, and two (2)
bathrooms. The eighth unit has three (3) bedrooms. All units will have washer and
dryers available in the garage. Four (4) units have access to two (2) car garages, and
four units have access to one (1) car garages. There are seven (7) open spaces
available meeting the parking requirements of Chapter 17.66 (Parking Requirements) of
the Lake Elsinore Municipal Code (LEMC). There are two (2) additional parking spaces
available along Conklin Avenue for visitors.
Private and Common Open Space
Each unit will be provided with either a first floor patio or second floor terrace. All private
open space areas include a minimum of one hundred (100) square feet. The applicant
is conditioned to provide a minimum of eighty five (85) cubic feet of storage
space/compartment in an area external of the unit such as the garage or patio/terrace
area. The applicant will also provide two (2) common open space areas that total 2,163
square feet. One (1) area is primarily open turf that will include a BBQ, table and
benches. The second area is a tot lot that will include children's play equipment.
AC.I'IDA rT9Il rID. Lf
PAce_L~
PLANNING COMMISSION STAFF REPORT
APRIL 1, 2008
PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007-11
Landscaping and Fencing
Landscaping will be provided over eighteen percent (18%) or 3,644 square feet of the
project site. The applicant has been conditioned to submit a Landscape and Irrigation
Plan that includes a minimum of one (1) twenty-four inch (24") box tree for every thirty
feet (30') of street frontage along Franklin Street and Conklin Avenue. A variety of
shrubs and ground cover will be required.
The applicant will construct a combination four foot (4') decorative block walls with two
feet (2') of wrought iron along Franklin Avenue and five foot (5') open wrought iron
fencing with pilasters along Conklin Avenue. A combination of a decorative block
retaining wall of varying heights, a two foot (2') wide planter and six foot (6') boundary
wall will be constructed along the southern and eastern boundary lines.
Architecture
All projects located within the Historic Overlay District are required to incorporate one of
choice from several Architectural styles common to the historic period of the 1920's
listed in the Historic Elsinore Architectural Design Standards. The applicant has chosen
to use a Spanish style of architecture. Features include arches over windows with pop
out trim, Spanish style shutters, decorative lighting, tiled shed roof with brackets over
selected entrances, decorative wood entry doors, decorative wood garage doors, clay
vents, enclosed stair wells, exposed rafter tails and decorative'S' type Spanish tile
roofs.
Material and Color Board
Colors and Materials proposed are:
Location
Roof
Wall
Trim - Surrounds
Material
'S'Tile
Stucco
FoamlWood
Color
T erracotta
Chablis
Coffee
Santa Fe
Brown
ANALYSIS
Staff recommends approval of the Residential Design Review application based on the
following:
The project site is located in the Historic Overlay District's Medium High Density
designation that allows for up to eighteen (18) dwelling units per acre. The maximum
units allowed on this site would be eight (8) units (.48 acres x 18 du/ac = 8.6 du's). The
eight (8) units proposed comply with this requirement. The project also meets all the
ACH:DA.I....'Y.:. ~M NO.~
prr.E :3 _or-~
PLANNING COMMISSION STAFF REPORT
APRIL 1, 2008
PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2007-11
setbacks, landscaping, parking and architectural requirements set forth in the Historic
Standards and the requirements of the LEMC. In addition, the project will increase the
City's reserve of affordable rental housing.
ENVIRONMENTAL DETERMINATION
The City reviewed the Project pursuant to the California Environmental Quality Act
(CEQA) and determined the Project qualifies for the exemption under Section 15332
Class 32 In-Fill Development Projects. The Project site is 0.48 acres in size, and is
consistent with applicable general plan policies and zoning designations. The site is
within city limits, and is substantially surrounded by development, and can be
adequately served by all required utilities and public services. The site has no habitat
value and would not result in any significant environmental effects. Further, none of the
exceptions in Section 15300.2 (Exceptions) apply to the Project.
The Project was found consistent with the MSHCP. However, pursuant to the Migratory
Bird Treaty Act, the site must be surveyed for nesting birds within 30 days prior to
grading or other construction-related activities. Performing this survey would also meet
the MSHCP pre-construction survey requirement for Burrowing Owl. The project has
been conditioned to conduct this survey prior to all grading or other construction-related
activities.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2008_making
findings that the project is consistent with the Multiple Species Habitat Conservation
Plan (MSHCP), and Resolution No. 2008- _ approving Residential Design Review
No. 2007-11. The recommendation is based on the findings, exhibits, and conditions of
approval attached.
Prepared By:
Linda M. Miller, AICP
Project Planner
Approved By:
Rolfe M. Preisendanz,
Director of Community Development~
ATTACHMENTS:
1. VICINITY MAP
2. PLANNING COMMISSION RESOLUTIONS
3. CONDITIONS OF APPROVAL
4. EXHIBITS
. REDUCTIONS (8 % X 11)
. FULL SIZE PLAN SET
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VICINITY MAP
RESIDENTIAL DESIGN REVIEW 2007-11
222 & 226 CONKLIN AVENUE
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AGHtDA mil tiO.~
PAGE_ '5 _Of
RESOLUTION NO. 2008-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
ADOPT FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP) FOR RESIDENTIAL DESIGN
REVIEW NO. 2007-11
WHEREAS, Gene Schoen Ie, CMS Inc., has filed an application with the City of
Lake Elsinore requesting approval of Residential Design Review No. 2007-11 for an
eight (8) unit multi family residential apartment complex and related on-site
improvements (the "Project"); and
WHEREAS, the total area of the Project Site is approximately 20,883 square feet
and is located at 222 and 226 Conklin Avenue APN: 373-054-001 & 002 (the "Project
Site"); and
WHEREAS, Section 6.0 of the MSHCP indicates projects which are proposed for
development in an area not covered by an MSHCP criteria cell shall be analyzed
pursuant to the MSHCP "Plan Wide Requirements" and the City of Lake Elsinore shall
make findings that the Project is consistent with those requirements; 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 hearing held with respect to this
item on April 1, 2008.
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 Project and its
consistency with the MSHCP "Plan Wide Requirements" prior to making a
recommendation that the City Council adopt Findings of Consistency.
SECTION 2. In accordance with the MSHCP, the Planning Commission makes
the following findings for MSHCP consistency:
1. The Project is a project under the City's MSHCP Resolution, and the City must
make an MSHCP Consistency finding before approval.
Pursuant to the City's MSHCP Implementing Resolution, prior to approving any
discretionary entitlement, the City is required to review the Project to ensure
consistency with the MSHCP criteria and other "Plan Wide Requirements." The
Project, as proposed, is not located within an MSHCP criteria area.
The Project was reviewed and found consistent with the following "Plan Wide
ACENDA ITEM tK>. L\ .-.
PAGIL Co ~
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 2 OF 4
Requirements": Protection of Species Associated with Riparian/Riverine Areas
and Vernal Pool Guidelines (MSHCP ~ 6.1.2), Protection of Narrow Endemic
Species (MSHCP ~ 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP ~
6.1.4), Vegetation Mapping (MSHCP ~ 6.3.1), Additional Survey Needs and
Procedures (MSHCP ~ 6.3.2), Fuels Management (MSHCP ~ 6.4), and payment
of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance ~ 4.0).
2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and
the County's Joint Project Review processes.
The Project Site is within the Elsinore Area Plan, but is not located within a
Criteria Cell. As such, the Joint Project Review process was not required.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools
Guidelines.
Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and
vernal pool habitat types based upon their value in the conservation of a number
of MSHCP covered species. The Site is disturbed and denuded of all vegetation
with the exception of five (5) ornamental trees. There are no riparian/riverine
resources, vernal pools, or habitat suitable for fairy shrimp on the Site. As such,
the Project is consistent with Section 6.1.2 of the MSHCP.
4. The project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
The Project is not located in a Narrow Endemic Plant Species Survey Area.
Therefore, Section 6.1.3 of the MSHCP does not apply to the Project.
5. The project is consistent with the Additional Survey Needs and Procedures.
The Project is located within the Burrowing Owl survey area as identified in
Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. A site
assessment revealed no signs of Burrowing Owl nor suitable habitat. Because of
the presence of potential suitable habitat in the vicinity of the Site, the applicant is
required to conduct a pre-construction survey within 30 days of grading or other
site-disturbing activities. As such, the Project is consistent with Section 6.3.2 of
the MSHCP.
6. The project is consistent with the Urban/Wildlands Interface Guidelines.
The Project Site is not within an MSHCP Criteria Cell and does not abut any
areas proposed for conservation. As such, Section 6.1.4 of the MSHCP does not
apply to the Project.
AGENDA IiTiIl 110,_ k
PPt;EJ__Of Y .
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 3 OF 4
7. The Project is consistent with the Vegetation Mapping requirement.
The Project Site is not within a MSHCP Criteria Cell and is not located within
areas that require mapping of vegetation. As such, Section 6.3.1 of the MSHCP
does not apply to the Project.
8. The Project is consistent with the Fuels Management Guidelines.
The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are
intended to address brush management activities around new development
within or adjacent to the MSHCP Conservation Area. The Project Site is not in a
Criteria Cell and does not abut any areas proposed for conservation. As such,
the Fuels Management Guidelines do not apply to the Project.
9. The Project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
As a condition of approval, the Project will be required to pay the City's MSHCP
Local Development Mitigation Fee at the time of issuance of building permits.
10. The project is consistent with the MSHCP.
For the foregoing reasons, the Project is consistent with the MSHCP.
SECTION 3. Based upon all of the evidence presented, the above findings, and
the attached conditions of approval, the Planning Commission hereby recommends that
the City Council find the Project 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 1st day of April, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
AGENDA ITEM NO.~
PAGE 8 ,OF _~_
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 4 OF 4
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
ACf:NDA ITEM NO. Lf
PAGE 9' ~F~
RESOLUTION NO. 2008
A 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
RESIDENTIAL DESIGN REVIEW NO. 2007-11 FOR AN EIGHT (8) UNIT
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
WHEREAS, Gene Schoenle, CMS, Inc. filed an application with the City of Lake
Elsinore requesting review and approval of Residential Design Review No. 2007-11 for
an eight (8) unit multi-family residential apartment development and associated
improvements (the "Project"); and
WHEREAS, the total area of the Project Site is approximately 20,883 square feet
and is located at 222 and 226 Conklin Avenue APN's 373-054-001 & 002 (the "Project
Site"); 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
Residential Design Review requests for multi-family 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 hearing held with respect to this item on April 1,
2008.
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 Project prior to
making a decision to recommend that the City Council approve the Residential Design
Review No. 2007-11.
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 CEQA Guidelines (14 C.C.R. SS 15000 et
seq.) pursuant to a class 32 exemption for In-Fill Development Projects (14 C.C.R.
S 15332) because the Project involves the construction of two (2) two-story buildings for
a total of eight (8) units within the City limits on one (1) lot of no more than five (5)
acres, which are adjacent to existing urban uses and have no value as habitat for
endangered, rare or threatened species. The Project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the units can be served
by all required utilities and public services.
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for the approval of the Residential Design Review No. 2007-11:
AGENDA ITEM NO. Lf
PAGE (0 OF~
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 2 OF 3
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 and the
Lake Elsinore Municipal Code in that the approval of the multi-family residential
buildings will assist in the creation of affordable housing within the community.
2. The Project complies with the design directives contained in the General Plan
and all applicable provisions of the Lake Elsinore Municipal Code.
The Project is appropriate to the site and surrounding developments in that the
multi-family residential buildings have been designed in consideration of the size
and shape of the property. Sufficient setbacks and onsite landscaping have been
provided. The Spanish style architecture of the multi-family residential buildings
comply with the requirements of the Historic Overlay District and the Historic
Elsinore Architectural Design Standards. Design features include arches over
windows with pop out trim, Spanish style shutters, decorative lighting, tiled shed
roof with brackets over selected entrances, decorative wood entry doors,
decorative wood garage doors, clay vents, enclosed stair wells, exposed rafter
tails and decorative'S' type Spanish tile roofs.
3. Subject to the attached conditions of approval, the Project is not anticipated to
result in any significant adverse environmental impacts.
The Project, as reviewed and conditioned by all applicable City divisions,
departments and agencies, was found to be exempt from the California
Environmental Quality Act pursuant to Section 15332, In-Fill Development
Projects.
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 April 1 , 2008.
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
recommends approval to the City Council of the Residential Design Review for a multi-
family development to be located at 222 and 226 Conklin Avenue also identifiable as
APN 373-054-001 & 002.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
AGENDA ITEM NO.~. <-t
PAGt:---LL-Of~
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE30F3
PASSED, APPROVED AND ADOPTED this 1st day of April 2008, 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
AGfNDA \TeA NO. If
PAGE ld-~
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2007-11
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 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. 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.
PLANNING DIVISION
4. Residential Design Review No. 2005-04 approval of a multi-family residential
development located at 311 and 313 Riley Street (APN 374-071-011 and 012) will
lapse and be void unless a building permit is issued within one (1) year ofthe approval
date and construction is commenced and diligently pursued toward completion.
5. 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 (i.e. 7:00 A.M. - 5:00
P.M., Monday through Friday with no construction activity to occur 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 at (951) 674-
3124. The sign shall be installed prior to the issuance of a grading permit.
6. All Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check.
7. 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.
8. Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check.
AGENDA ITEM NO. 4
PP.GE . (~ .oF.~_
9. All Conditions of Approval shall be met prior to the issuance of a Certificate of
Occupancy and release of utilities.
10. 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.
11. 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.
12. All 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.
13. At minimum the applicant shall use concrete tile for the roofing material. Roofing
materials shall have a minimum Class "A" Fire rating, and so noted on the
construction plans.
14. The applicant shall meet all applicable City Codes and Ordinances.
15. 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.
16. 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.
17. 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.
18. The applicant shall meet all applicable County Fire Department requirements for fire
protection including paying all applicable fees.
19. The applicant shall meet all applicable Building and Safety Division requirements.
20. Prior to issuance of building permits, the applicant shall provide assurance that the
Public Building Impact Fee has been paid.
AGENDA rrEM NO....~
PAGE Ilf _Of~.
21. Any exterior air conditioning or other mechanical equipment shall be groun~ 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.
22. 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.
23. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36
inches.
24. The applicant shall provide automatic irrigation systems for all landscaped areas as
shown on the landscape plans. The irrigation system shall be implemented prior to the
issuance of a Certificate of Occupancy.
25. The applicant shall provide a rain sensor. The rain censor shall be installed prior to the
issuance of a Certificate of Occupancy.
26. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation
system and erosion control vegetation installed.
27. Driveways shall be constructed of concrete per Building and Safety Division
standards.
28. The applicant shall construct a combination of a three (3) foot slump stone wall and
three (3) foot wrought iron fence with pilasters along Conklin Avenue. Minimum fifteen
(15) gallon vines shall be planted every ten (10) feet along this fence. The applicant
shall submit plans for this wall for review and approval by the Planning Division prior
to obtaining building permits
29. The applicant shall construct a combination of a four foot (4') decorative slump stone
wall with two feet (2') of wrought iron with pillars along the Franklin Street as shown on
the plans. The applicant shall submit plans for this wall for review and approval by the
Planning Division prior to obtaining building permits. A minimum of fifteen (15) gallon
vines shall be planted every ten (1) feet along the Franklin Street wall. The side and
rear property lines will have a decorative slump stone masonry retaining wall of
varying height, two foot (2') planter and six foot (6') decorative slump stone masonry
block wall as shown on the plans.
30. Chain link fences shall be prohibited at all locations.
31. All block walls shall be coated with an anti-graffiti material and shall be maintained
clear of graffiti at all times.
4
AC~NOA t"rEM a-o._____~
PAGE_J5- Of ----=:J~
32. 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.
33. All trash enclosures shall be constructed per City standards as approved by the
Director of Community Development or Designee prior to issuance of Certificate of
Occupancy. A solid cover shall be incorporated into the design of all trash enclosures.
34. 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.
35. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of
building permits.
36. The applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy and release of utilities.
37. The applicant shall submit water and sewer plans to Elsinore Valley Municipal Water
District and shall incorporate all District conditions and standards, including payment
of applicable connection fees prior to the issuance of building permits.
38. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP)
Local Development Mitigation Fee prior to obtaining building permits.
39. The Applicant shall pay all applicable Library Capital Improvement Fund fee.
40. All landscaping shall be installed as indicated on the proposed "Preliminary
Landscape Plan". Any proposed changes shall be subject to the review and approval
of the Director of Community Development or designee.
41. All proposed landscaping shall be installed and an automatic irrigation shall be fully
operational, prior to the issuance of a certificate of occupancy.
42. All exterior on-site lighting shall be shielded and directed on-site so as not to create
glare onto neighboring property and streets. All light fixtures shall compliment the
architectural style of the building and shall be reviewed and approved by the Director
of Community Development of Designee.
43. The applicant shall comply with all ADA (Americans with Disabilities Act)
requirements.
44. No exterior roof ladders shall be permitted.
45. All exterior downspouts shall be concealed within the buildings.
46. The applicant shall provide a minimum for eighty-five (85) cubic feet of storage area
with a minimum dimension of three (3) feet in a location external of the unit such as
the garage area or patio/terrace area.
ACHIDA rm.I NO. .. ~.
PACE ((p Of >"-
'"
47.
Three (3) sets of the Final Landscapingllrrigation Detail Plan shall be submitted,
reviewed and approved by the City's Landscape Architect Consultant and the
Community Development Director or Designee. 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 one hundred percent (100%)
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 (1) year
maintenance period subject to the approval of the City's Landscape Architect
Consultant and Community Development Director or Designee.
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 thirty-
linear feet (30') of street frontage, selected from the approved City street tree
list.
48. 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
ACENDA '.1iM NO. Lf _
PAGE l7~
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.
49. The applicant is required to conduct a survey for nesting birds within thirty (30) days
prior to grading or other construction-related activities. This survey will meet the
MSHCP pre-construction survey requirement for Burrowing Owl.
50. The applicant shall enter into the Crime Prevention Program, administered by the
Riverside County Sheriffs Department and shall provide assurance of this enrollment
to the Planning Division
ENGINEERING DIVISION
General:
51. 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. Digital files for
the border and the notes are available by request to "agutierrez@lake-elsinore.org".
52. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of grading
permit.
53. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements (LEMC 12.08 and
Resolution 83-78).
54. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
55. 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 issuance of grading permit.
AOF:NDA ITEM NO. ~-
( 0-
PAGe.. 0 Of . -..
56. Applicant shall enter into an agreement with the City for the construction of public
works improvements and shall post the appropriate bonds prior to issuance of grading
permit.
57. 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.
58. Provide fire protection facilities as required in writing by Riverside County Fire
Department.
59. 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 $1,000 per sheet for City digitizing the plans.
60. 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 import or export material.
Such routes shall be subject to the review and approval of the City Engineer.
Dedication:
61. Dedicate an adequate strip of land along Franklin Street frontage within the property
limits to the City for a total of 30 feet right of way from centerline of Franklin Street to
new property line.
62. Dedicate 5' strip of land along the Conklin Avenue frontage within the property limits to
the City for a total of 30 feet right of way from center line of the Conklin Street to the
new property line.
63. Dedicate additional right-of-way for a standard corner cutback for the future curb
return at corner of the corner of Franklin Street and Conklin Ave.
64. Public right-of-way dedications shall be prepared by the applicant or his agent. City
specific Grant Deeds shall be submitted to the Engineering Division for review and
approval and recordation prior to issuance of building permit.
Street Improvements:
65. Construct street pavement (minimum of 6.5" AC over 95% compacted native soil),
curb/gutter and sidewalk in Franklin Street within the limits of property frontage on
Franklin Street.
66. Construct street pavement (minimum of 3" AC over 4" AS), curb/gutter and
sidewalk in Conklin Avenue within the limits of property frontage on Conklin
Avenue.
AGENDA ITEM NO. Lf
PAGe (or Of Lf d-
67. Construct all public works improvements per approved street plans (LEMC 12.04).
Plans must be approved and signed by the City Engineer prior to start of construction
of the same.
68. Street improvement plans and specifications shall be prepared by a Calif. Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County
Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
). Street improvement plans shall show existing and future profiles at centerline of
street, at top of curb. The profiles and contours shall extend to 50' beyond the
property limits on Franklin Street and Conklin Avenue centerlines.
69. 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 issuance of building permits.
70. 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.
71. Show existing lighting improvements as part of street improvement plans for Franklin
Street and Conklin Avenue and provide new street lighting if required by the City
Engineer. Relocate existing street light if necessary.
72. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
73. All utilities except electrical over 12 kV shall be placed underground, as approved by
the serving utility.
Gradina:
74. Developer shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to issuance of grading permit.
75. 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 is
required.
76. A grading plan stamped/signed by a California Registered Civil Engineer is required if
the sum of the cut and fill for 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. 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.
AGENDA ITEM NO.~~_
PAce (76_~
77. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
78. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site or provide documentation
from a Registered Professional Geologist or geotechnical Engineer that the study is
not required.
79. 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.
80. 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 "An in the Riverside County NPDES Drainage Area Management
Plan.
81. 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. The
geotechnical engineer shall make recommendation for the minimum distance of
building foundation to the top and toe of slopes.
Drainaae:
82. 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.
83. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer
along with grading plans. Developer shall mitigate any flooding and/or erosion caused
by development of site and diversion of drainage.
84. All drainage facilities in the development shall be constructed to Riverside County
Flood Control District Standards.
85. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping
in the drain system, the wording and stencil shall be approved by the City Engineer.
86. Roof and yard drains will not be allowed to outlet directly through cuts in the curb.
Roof drains should drain to a landscaped area prior to entering driveways. Driveways
shall be sloped to drain into landscaping prior to entering street facilities.
87. Applicant will be required to install BMP's using the best available method to mitigate
any urban pollutants from entering the watershed.
88. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
AGENDA ITEM NO. If
PACE c9- f ~---
- -
System (NPDES) program with a storm water pollution prevention plan prior to
issuance of grading permits. The applicant shall provide a SWPPP for construction
period and a project-specific WQMP for post construction including its maintenance
implementation. The project-specific WQMP shall demonstrate that discharge flow
rates, velocities, duration, and volume, for the post construction condition, from a -2-
year and 10-year, 24-hour rainfall event will not cause significant adverse impacts on
downstream erosion and receiving waters, or measures are implemented to mitigate
significant adverse impacts to downstream public facilities and water bodies.
89. Developer shall use Site Design BMPs such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge areas, and conserving natural areas, and allow runoff to
sheet-flow through landscaped swales or natural drainage channels.
90. The project-specific WQMP shall provide measures to minimize the impact from the
Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project.
Where Pollutants of Concern include pollutants that are listed as causing or
contributing to impairments of Receiving Waters, BMPs must be selected so that the
project does not cause or contribute to an exceedance of water quality objectives. The
WQMP shall incorporate the applicable Source Control and treatment Control BMPs
as described in the Santa Ana River Region WQMP and provide information regarding
design considerations, and the long-term operation and maintenance requirements for
BMPs requiring long-term maintenance, as well as the mechanism for funding the
long-term operation and maintenance of the BMPs requiring long-term maintenance.
91. Prior to issuance of any building or grading permits, the property owner shall record a
"Covenant and Agreement" with the County-Clerk Recorder to obligate developer and
future property owners to implement the approved project-specific WQMP, and in
case of owner's failure to maintain the specified treatment control BMP's as outlined
In the WQMP, the City reserves the right to do the maintenance of said BMP'S and
invoice the owners of the property for all costs incurred. The project applicant shall
cause the approved final project-specific WQMP to be incorporated by reference or
attached to the project's Storm Water Pollution Prevention Plan as the Post-
Construction Management Plan.
92. Provide roof over the trash bin enclosures to prevent rain entering into the enclosure
as part of WQMP.
93. Education guidelines and Best Management Practices (BMP) shall be provided to
residents and management 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 storm water quality and meet
the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage
Area Management Plan.
94. Applicant shall provide first flush BMP's using the best available method that will
effectively reduce storm water pollutants from parking areas and driveway aisles.
ACFIIlDA ITEM NO.~. _
PAGE ;). d- OF d-
._a. ,
Conditions. Covenants and Reaulations:
95. Applicant shall record a maintenance and replacement plan, with appropriate link to
the property's legal description, with County Clerk Recorder, which provides for
irrevocable maintenance and or replacement of the "Underground Storm Water Filter"
facility up stream of the Storm Drain Outlet.
Fees:
96. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic
mitigation fee is $959.00 per unit, the current Drainage fee is $2993.00 for the
development (Town no.2 District.) and the current TUMF amount is $7,054.00 per
unit; the amount of fees shall be adiusted accordina to the fee schedule current at the
time of payment.
LAKE ELSINORE FIRE
General Conditions
With respect to the conditions of approval for the referenced project, the Fire
Department recommends the following fire protection measures be provided in
accordance with Riverside County Ordinances and/or recognize fire protection
standards:
HAZARDOUS FIRE AREA
This project is located in the "Hazardous Fire Area" of Riverside County shown on a
map on file with the Clerk of the Board of Supervisors. Any building constructed within
this project shall comply with the special construction provision contained in the
Riverside County Ordinance 787.3.
ROOFING MATERIAL
All buildings shall be constructed with class B roofing materials as per the California
Building Code.
BLUE DOT REFELECTOR
Blue retro reflective pavement markers shall be mounted on private street, public
streets and driveways to indicate location of fire hydrants. Prior to installation,
placement of markers must be approved by Lake Elsinore Fire Services.
MIN REO FIRE FLOW
Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual
operating pressure, which must be available before any combustible material is placed
AGENDA ITEM NO.4.
PAce_()-3~
on the job site. Fire flow is based on type V-B construction per the 2007 CBC and
building(s) having a fire sprinkler system.
STANDARD FH 330/165
Approved standard fire hydrants (6" x 4' x 2 %") shall be located at alternate street
intersections and spacing not more than 500 feet apart in any direction with no portion
of any lot frontage more than 250 feet from the fire hydrant. Fire flow shall be 1 000
GPM for 2 hour duration at 20 PSI residual operating pressure.
WATER PLANS
The applicant or developer shall separately submit two copies of the water system
plans to the Fire Department for review. Plans shall conform to the fire hydrant types,
location and spacing, and the system shall meet the fire flow requirements. Plans shall
be signed/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 Lake Elsinore Fire Services."
BLDG PLAN CHECK $
Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to
the City of Lake Elsinore before plans have been approved by our office.
WATER CERTIFICATION
The applicant or developer shall be responsible to submit written certification from the
water company noting the location of the existing fire hydrant and that the existing water
system is capable of delivering 1500 GPM fire flow for a 2 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.
WATER PLANS
The applicants or developer shall separately submit two copies of the water system
plans to the Fire Department for review and approval. Calculated velocities shall not
exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and
spacing, and the 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 Lake Elsinore Fire Services."
PRIOR TO BUILDING FINAL INSPECTION
FIRE LANES
The applicant shall prepare and submit to the Fire Department for approval, a site plan
designating required fire lanes with appropriate lane painting and/or signs.
ACENDA ITEM NO. 4'
( t~.' q~---
PACE_~.+~~.C'f ~==.~
DISPLAY BOARDS
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 dimension and located next
to roadway access.
SPRINKLER SYSTEM
Install a complete fire sprinkler system per NFPA 13 2002 edition in all buildings
requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess
of 4" inch diameter will require the project structural engineer to certify (wet signature)
the stability of the building system for seismic and gravity loads to support the sprinkler
system. All fire sprinkler risers shall be protected from any physical damage. The post
indicator valve and fire department connection shall be located to the front, within 50
feet of a hydrant, on the same side of the street and same side of driveways and the
minimum of 40 feet from the building (s). A statement that the building (s) will be
automatically fire sprinkled must be included on the title page of the building plans.
(Current sprinkler plan check fee is $614.00 per riser)
Applicant or developer shall be responsible to install a .L. Central Station Monitored Fire
Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow,
P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for
approval prior to installation. Contact Fire Department for guideline handout (current
monitoring plan check fee is $192.00)
EXTINGUISHERS
Install portable fire extinguishers with a minimum rating of 2A-1 OBC and signage. Fire
Extinguishers located in public areas shall be in a recessed cabinet mounted 48"
(Inches) to enter above the floor level with Maximum 4" projection from the wall.
Contact Fire Department for proper placement of equipment prior to installation.
TITLE 19
Comply with Title 19 of the California Administrative Code.
End of Conditions
ACENDAniMNO. ~
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PAGE ~~ ~
Service Commi,tment Letter # 2143..0
Tuesday, February 05, 2008
P,o. Box 3000 ~ 31315 Chaney St. ~ Lake Elslnor&;CA 92530
(951)674-3146 ~ FAX (95'1) 674-7554
Elsinore Valley Municipal VflaterDlstrlct
Location:
Zoning:
APN:
Phone:
Franklih StI COhklinlwenue, Lake Itlsinore,CA
Residential
313~b54-0()1 & 002
(160) 749...7207 Fax: (760) 749Q208
# of Lots:
ACreage:
Tract Map:
2
0.46
----j
,
Kfsh North
1670QCompass Circle
Vorba Linda, CA92886
Attn:Gene$c;hoen/e
Check I Recelpt#:
$75.00
1/30/2008
1045/182133
Will Serve Fees Paid:
Paid Date:
_.._"-----,-,-+_._"--~~~------'"-_.>>~---~"-...~--.._--.;......-'-;.....-~-,---._,~,."._,<~
----~.......:.--,-'-'~_..._-----"'-~_.~_.,_..._------'--.._-_._-"--"-_._.'--. -
DEVELOPER
Kish North
16700 Compass Circle
Yorba Linda, CA 92886
Attn: Gene Schoenle
ENGINEERIG
GT Engiheering
18332 Taft Avenue
Villa park, CA
c ___.__.- 0--
Water Fees Effective Date 1/1'/2008 to 6/30/2008
. ---]
._--~--~--_.
Project is fjllgiblfj for service based on the follOWing conditions:
Constructwatel'Hneexteosionsalohgfrootages al'ldloopfil'e IihesperDistrlct approved plans. Meet with Greg
Kowalski regarding District requirements to serve the project. Contact Carla at extension 8265 for scheduling.
Submit signed and stampedwater demand calculations from the civil arid thelal'ldscape engineer supporting the
l'ecommendedmetersi2:e.
Fee Desclij)tlon
\NateI' C6rni.ectipnFeeti will be
quoted after Plan Check
Unit
Domestic
Per Unit
Qty ----sasliii.es - CredltlAdJO$r
1 $0.00
Net Fees
Tc>talAmt
$0.00
Fees per Unit: $0,00 TOtal WaterFee$ $0;00
C_~._..__ ---.-----.--:-.~- $e\V~rFeesEff~ctlveD.t;1111~O~~-*O!8/~ot200ir-.- .. _~.___=~=~=_~___]
PrQjer;t l$elig.lbleforse",iceba$J~d' QnthefolloWil1g conditionS.:
Construct facilities per District approved plans.
Fee DescriptiOn
Unit
Capac:lty
Qty ~atlo EDU
CredltlAdust
Net Fees
Total Amt
Regional Sewer Domestic
ConneGtion Fees Will be
quoted afterF'lan Check
$0.00
$0.00
$0.00
Fees per Unit:
$0.00
Tottll SeWer Fee$
$0,00
$0.00
Total Water and Sewer Fees
AGENDA ITEM NO. \..(
PAGe ~'1~
Elsinore Valley Municipal W'aterO/strlct
Service Comm,itment Letter # 2143..0
Tuesday, February 05, 2008
P:O. Box 3000'" 31315 Chaney St. - Lake Elsinore. CA 92530
(951) 674-3146 - FAX (951) 674-7554
l;;:::::..GW_#'~~ ~~~~R~l~t~~~ P.~:;=J
Authorized by
Date: 2/5/2008
AGfNDA tTEM NO. ~
PAGE~Of .~~
03/25/2008 04:42
75074'37208
SCHOENLE
PAGE 01/01
A1'\ ~ \, 1 \i1)~ "1 ~ LL-€ ~
ACKNOWLEDEGEMENTOF
DRAFT CONDITIONS
RE: Residential Design Review No. 2007-11
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.
Date: ~ 1').110 g
, I
Applicant's Signature: q ~
Phone Number:
~U4~)-\~ 6~~ \..'l.
~<b4" Q.' S~~ ~~~)L
~Sc..o~\Jl \)0, vb. Cf~cJP-C,
.
2;0 71+"J 7~--;
Print Name:
Address:
AGENDA mal NO. ~
PAOe-=tLOF. .:L.~
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:
o
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
IRI
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title:
Residential Design Review No. 2007-11
Project Location (Specific): 222 and 226 Conklin Avenue
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
The project includes the construction of two (2) conventionally built buildings on a 20,883 square foot vacant lot. The two (2) story
buildings occupy approximately 6,409 square feet or thirty-two percent (32%) of the lot area which is within the maximum floor area ratio
allowance of thirty-five percent (35%) according to the MHD, Medium High Density Residential designation established by the Historic
Elsinore Architectural Design Standards. Each building consists of four (4) units for a total of eight (8) units. Seven (7) units will include a
living room, kitchen, two (2) bedrooms, and two (2) bathrooms. The eighth unit will have three (3) bedrooms. The General Plan and
zoning designation is MHD, Medium High Density Residential which allows up to 18 dwelling units per acre. This project will provide
affordable housing.
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Linda Miller, Project Planner, City of Lake Elsinore
Exempt Status:
o Ministerial (Section 15073)
o Declared Emergency (Section 15071 (a))
o Emergency Project (Section 15071 (b) and (c))
Ig] Categorical Exemption (state type and section number):
Article 19 Categorical Exemptions
Section 15332, Class 32,
In-Fill Development Projects
Reasons why project is exempt:
Contact Person:
Telephone Number: (909) 674-3124
Signed:
Title: Community Development Director
Rolfe Preisendanz
ACENDA tiEM NO. Lf-_
PAce~~
CITY OF ~
LAK.E,6,LSiNORJ:
~~ DREAM EXTREME...
CITY OF LAKE ELSINORE
REPORT TO THE PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
PREPARED BY:
APRIL 1, 2008
KIRT A. COURY,
PLANNING CONSULTANT
DATE:
PROJECT
TENTATIVE PARCEL MAP NO. 33163
OWNER:
SAXON ENGINEERING, 1030 CALLE SOMBRA, SUITE #A2,
SAN CLEMENTE, CA 92673
BYRON N. BISHOP, BISHOP CONSTRUCTION, 17162
ORANGE DRIVE, YORBA LINDA, CA 92886
PROJECT REQUEST
APPLICANT:
The applicant is proposing to subdivide 1.69 acres of land into three (3) individual
parcels pursuant to the requirements of Chapter 17.56 (Limited Manufacturing District),
of the Lake Elsinore Municipal Code, Section 16 "Subdivisions" of the Lake Elsinore
Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Subdivision
Map Act (CSMA).
PROJECT LOCATION
The 1.69 acre project site is located at the northeast corner of Minthorn and 3rd
Street(s), Assessor Parcel Number (APN) 377-151-045. Access to the project site is
available from both Minthorn and 3rd Street(s).
ENVIRONMENTAL SETTING
The site is bounded on the north commercial manufacturing uses, and on the south,
east, and west by existing industrial business park uses.
AGENDA miM NO. 5-IL...-
PACE---1--0F
PLANNING COMMISSION STAFF REPORT
TENTATIVE PARCEL MAP NO. 33163
APRIL 1, 2008
Project
Site
North
South
West
East
Industrial
Buildings
Industrial
Business
Park
Industrial
Business
Park
Industrial
Business
Park
Industrial
Business
Park
M-1 (Limited Manufacturing) Business Park
C-M(Commercial
Manufacturing)
Business Park
M-1 (Limited Manufacturing) Business Park
M-1 (Limited Manufacturing) Business Park
M-1 (Limited Manufacturing) Business Park
PROJECT DESCRIPTION
The proposed parcel map will subdivide the aforementioned 1.69-acres of limited
manufacturing zoned land into three (3) separate parcels. Parcel No. 1 will be .532
acres (23,195 square feet), Parcel No. 2 will be .544 acres (23,708 square feet), and
Parcel NO.3 will be .534 acres (23,259 square feet). It should be noted that the site is
currently developed with three (3) industrial buildings.
ANAL YSIS
The Planning Commission recommended City Council approval for Industrial Design
Review No. 2005-03 on November 1, 2005. Subsequently, the City Council approved
the Industrial Design Review No. 2005-03 on November 22, 2005. The approvals
allowed for the ultimate development and construction of three (3) industrial buildings on
the subject property. The applicant is now proposing to subdivide the identified property
for the creation of three (3) individual parcels consistent with the approved buildings, in
that the proposed subdivision and development standards (Le. setbacks, lot size, lot
frontage) comply with Chapter 17.56 (Limited Manufacturing District), of the Lake
Elsinore Municipal Code, Section 16 "Subdivisions" of the Lake Elsinore Municipal
Code, Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA).
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), this project has been
deemed exempt pursuant to Section 15315 (Minor Land Divisions). The site is not
within a MSHCP Criteria Cell, and is already developed. As a result of existing
AGENDA ITEM NO.
PAGE r.l
5
OF--1L-
PLANNING COMMISSION STAFF REPORT
TENTATIVE PARCEL MAP NO. 33163
APRIL 1, 2008
development, there are no potential impacts to any species or habitat covered by the
MSHCP. No further environmental clearance is necessary.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2008-_
recommending to the City Council approval of Tentative Parcel Map No. 33163. This
recommendation is based on the findings, exhibits and conditions of approval attached
to this Staff Report.
PREPARED BY:
Kirt A. Coury,
Project Planner
Rolfe M. Preisendanz,
Director of Community Development~
APPROVED BY:
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 2008- recommending that the City Council approve
Tentative Parcel Map No. 33163.
3. Conditions of Approval.
4. Exhibits:
'A': Tentative Parcel Map No. 33163 (reduction)
'B': Full Size Plan
AGrNDA ITEM NO. '5
PACE '3 OF II
VICINITY MAP
TENTATIVE PARCEL MAP NO. 33163
LOCATED AT THE NORTHEAST CORNER
OF MINTHORN STREET AND 3rd STREET
AGfNDI\ ITE'1fO._~
PAGE Of _ \ _ .
RESOLUTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF TENTATIVE PARCEL MAP NO. 33163
WHEREAS, an application has been filed with the City of Lake Elsinore by Byron
N. Bishop, Bishop Construction, to subdivide certain property into three (3) parcels for
Limited Manufacturing lots; and
WHEREAS, the Subdivision is located at the northeast corner of Minthorn and 3rd
Street(s), Assessor Parcel Number (APN) 377-151-045. Access to the project site is
available from both Minthorn and 3rd Street(s); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council
pertaining to the subdivision of land; and
WHEREAS, public notice of the Subdivision 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 April 1, 2008.
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 Subdivision prior to
making a decision to recommend that the City Council approve the application. The
Planning Commission hereby finds and determines that the Subdivision complies with
the requirements of Title 16 of the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission finds and determines that in accordance
with CEQA Guidelines Section 15315 (Minor Land Divisions). No further environmental
clearance is necessary.
SECTION 3. That in accordance with the Subdivision Map Act and requirements
of the Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for the approval of Tentative Parcel Map No. 33163:
1. The Subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code
relating to Subdivisions; and the State Subdivision Map Act.
The project is consistent with the designated land use planning area, development
and design standards, and all other appropriate requirements contained in the
General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act.
.ACENDA ITEM NO-.
PACE S
5
OF II
PLANNING COMMISSION RESOLUTION 2008-_
PAGE 2 OF 3
2. The Subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
The project is consistent with the land use plan, development and design standards
and programs, and all other appropriate requirements contained in the General Plan.
3. The effects this Subdivision is likely to have upon the housing needs of the region,
the public service requirements of its residents, and the available fiscal and
environmental resources have been considered and balanced.
The project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, will pay all appropriate fees, and will not
result in any adverse environmental impact.
4. The design of the Subdivision provides to the greatest extent possible, for future
passive or natural heating or cooling opportunities in the subdivision (Government
Code Section 66412.3).
The Subdivision will comply with all appropriate conservation requirements of the
City and Uniform Building Code.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the subdivision, the Planning Commission
hereby recommends that the City Council approve Tentative Parcel Map No. 33163.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 1st day of April 2008, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
AC~NOAJTillJlO'- ~
PAGE_ \(l _OF
PLANNING COMMISSION RESOLUTION 2008-_
PAGE 3 OF 3
Michael O'Neal, Chairman
Lake Elsinore Planning Commission
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
ACENDA ITEM NO._ S
PAGE { o~
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 33163
GENERAL
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 project attached hereto.
2. The project shall comply all conditions of approval associated with Industrial Design
Review No. 2005-03.
PLANNING DIVISION
TENTATIVE PARCEL MAP NO. 33163
3. Tentative Parcel Map No. 33163 will expire two (2) years from date of approval unless
within that period of time an appropriate instrument has been filed and recorded with the
County Recorder, or an extension of time is granted by the City of lake Elsinore City
Council in accordance with the Subdivision Map Act and the lEMC.
4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act
and shall comply with all applicable requirements of the lake Elsinore Municipal Code,
Title 16 unless modified by approved Conditions of Approval.
5. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements
specified herein and approved by the Planning Commission and the City Council shall
be installed, or agreements for said improvements, shall be submitted to the City for
approval by the City Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
6. All lots shall comply with minimum standards contained in the lEMC.
7. A precise survey with closures for boundaries and all lots shall be provided per the
lEMC.
8. The applicant shall comply with all conditions of the Riverside County Fire Department.
9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
10. The applicant shall comply with the following City programs: the City Source Reduction
and Recycling Element and Household Hazardous Waste Element, the County Solid
Waste Management Plan and Integrated Waste Management Plan.
AGfNOA .TriM NO.
PACE e
~
OF It
CONDITIONS OF APPROVAL
PAGE 2 OF 3
TPM 33163
11. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-
serve letter) to the City Engineer, for all required utility services.
12. The applicant shall pay applicable fees and obtain proper clearance from the Lake
Elsinore Unified School District (LEUSD) prior to issuance of building permits.
13. The applicant shall pay all applicable fees including park fees.
14. The applicant shall meet all requirements of the providing electric utility company.
15. The applicant shall meet all requirements of the providing gas utility company.
16. The applicant shall meet all requirements of the providing telephone utility company.
17.A bond is required guaranteeing the removal of all trailers used during construction.
18. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record
CC&R's against the limited manufacturing business park requested herein. The
CC&R's shall be reviewed and approved by the Community Development Director or
Designee and the City Attorney. The CC&R's shall include methods of maintaining
common areas, parking and drive aisle areas, landscaped areas including parkways,
and methods for common maintenance of all underground, and above ground utility
infrastructure improvements necessary to support the complex. In addition, CC&R's
shall established methods to address design improvements.
19. Each building owner shall have full access to commonly owned areas (parking),
facilities and utilities.
ENGINEERING DIVISION
20. Provide Parcel Map per current Subdivision Map Act to be reviewed and approved by
the City Engineer, prior to recordation
21.AIl parcels shall have direct access to public right-of-way or be provided with minimum
of 30 feet of ingress and egress easement to public right-of-way, by means of a
reciprocal easement between properties. Provide specific means for construction and
maintenance of the improvements within the easements.
22. Install permanent survey monuments in compliance with the City's municipal code.
COMMUNITY SERVICES DEPARTMENT
23. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior
commercial space.
AGENDA rma go.- ~
pAGE_ I _OF. .
CONDITIONS OF APPROVAL
PAGE 3 OF 3
TPM 33163
24. Developer shall participate in the City-wide Landscape and Lighting Maintenance
District.
25. Developer shall comply with all City Ordinances regarding construction debris removal
and recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
RIVERSIDE COUNTY FIRE DEPARTMENT
26. The applicant shall comply with all Riverside County Fire Departments requirements
and standards. Provide fire protection facilities as required in writing by the Riverside
County Fire Department.
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
27. The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water
District. Submit the "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. Submit this letter prior to issuance of a building permit.
ACcNOA ITEM 1\\0._ 5
PAGE lo OF--LL-
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CITY OF .~
LAKE ,5,LSiNORJ:
~~ DREAM EXTREME...
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:
APRIL 1, 2008
JUSTIN CARLSON, ASSOCIATE PLANNER
CONDITIONAL USE PERMIT NO. 2007-17 FOR AN
"OUTPATIENT" DRUG AND ALCOHOL RECOVERY
SERVICE
PREPARED BY:
PROJECT TITLE:
APPLICANT:
OWNER:
DERRICK BRUCE HARVEY/RIVERSIDE RECOVERY
RESOURCES: P.O. BOX 549/565 CHANEY STREET,
LAKE ELSINORE, CA 92531
MOSBACHER FAMILY TRUST: 600 3RD STREET, LAKE
ELSINORE, CA 92530
PROJECT REQUEST
The applicant is requesting approval of a Conditional Use Permit (CUP) to provide alcohol
and other drug prevention, intervention, education, and rehabilitation services to members
of the community on an out-patient basis, within an existing building. In addition to the
services listed above, the proposed site will also include the Riverside Recovery Resources
administration operations for the corporation.
Project review is pursuant to Chapter 17.54 (C-M; Commercial Manufacturing District),
Chapter 17.66 (Parking Requirements), and Chapter 17.74 (Conditional Use Permits).
PROJECT LOCATION & SITING
The proposed project site is located at the intersection of 3rd and Collier Street, at 600 3rd
Street (APN: 377-151-064), within the C-M (Commercial Manufacturing) Zoning district and
the Business Park (BP) General Plan Land Use designation.
AC~;~~J.\ ,T~;J L~O. .1
PACE I
Co
0;: ~ 5 _
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
There are two (2) existing buildings that comprise the center in which Riverside Recovery
Resources is proposing to locate. Building A, which fronts both 3rd Street and Collier Street,
is approximately 15,000 square-feet in size. At present there are two (2) existing
manufacturing uses located within Building A. Riverside Recovery Resources is proposing
to occupy 5,000 square-feet of the building, which fronts both 3rd and Collier Street.
Mercury Marking Devices will share the southern adjacent wall with Riverside Recovery
Resources and fronts 3rd Street. Carr One Fabrications occupies approximately 5,000
square-feet and shares the southeastern rear portion of Building A. Carr One Fabrications
is located within the center and does not have street frontage or visibility.
Building B, which is located in the eastern portion of the center, is visible from Collier
Street, and is approximately 12,200 square-feet in size and is occupied by California Skier.
FLOOR PLAN
Suite A (Riverside Recovery Resources) will include a front-entry lobby, one (1) receptionist
office, approximately eleven (11) general offices, three (3) bathrooms, rear-entry doors,
and three (3) classroom/meeting rooms. Riverside Recovery Resources will hold the group
meetings for their various programs, within the three (3) classroom/meeting rooms. One-
on-one meetings between counselors and patients may be held in anyone of the offices as
well as the classroom/meeting rooms.
There is an existing sliding gate located directly behind the building at the northeast end of
Unit A (Riverside Recovery Resources). When closed, the sliding gate encloses
approximately nine (9) parking spaces. The rear-entry door, as well as an existing garage
door, permits employees and out-patients to access this area.
PROJECT BACKGROUND
On February 19, 2008, the Planning Commission continued the request for Conditional Use
Permit No. 2007-17 (Riverside Recovery Resources) to the regularly scheduled meeting of
March 4, 2008. The Planning Commission continued the request in order to allow staff to
work directly with the applicant in order to conduct a parking study for the existing industrial
center located at 600 & 610 3rd Street.
On March 4, 2008, the Planning Commission continued the request for Conditional Use
Permit No. 2007-17 (Riverside Recovery Resources) to a date-to-be-determined in order to
allow staff additional time to complete the parking study for the existing industrial center
located at 600 & 610 3rd Street.
AGEND~ ITEM Co
PAGE~OFd:5
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
ENVIRONMENTAL SETTING
Commercial C-M (Commercial
Manufacturin Manufacturin
North Vacant C-M (Commercial
Manufacturin
South Commercial C-M (Commercial
Manufacturin Manufacturin
East Vacant M-1 (Limited Business Park (BP)
Manufacturin
West Under Commercial Business Park (BP)
Construction Manufacturin
PROJECT DESCRIPTION
Riverside Recovery Resources is a California nonprofit 501 c (3) service, which provides,
evidence based alcohol and other drug services to residents of Southwestern Riverside
County. Riverside Recovery Resources is proposing to occupy approximately 5,000
square-feet of an existing building located at 600 3rd Street (APN: 377-151-064). The site
will house the administration center as well as three (3) out-patient programs to residents
of Southwestern Riverside County. The programs and descriptions are as follows:
Riverside Recovery Resources Administrative Department
The "administrative department" will consist of the Executive Director, bookkeeper, Human
Resources Manager, billing clerk, Alpha Program Director, one (1) counselor and one (1)
receptionist. The "administration department" is proposing seven (7) on-site staff. The
hours of operation will be Monday thru Friday from 7:00 a.m. to 5:00 p.m.
Based on the proposed staffing for this department: seven (7) drivers would be generated.
Alpha DUI Proaram
The Alpha Driving Under the Influence (DUI) Program consists of one (1) clerk and four (4)
counselors. The purpose of the Alpha DUI Program is to provide educational services in
groups and individual counseling on an out-patient basis. The State of California mandates
that the maximum number of people that may attend each group session is fifteen (15).
Riverside Recovery Resources indicates that approximately sixty-percent (60%) of the
group participants are not licensed to operate a motorized vehicle, due to a direct result of
their DUI offense. Therefore, Riverside Recovery Resources indicates that the counseling
AGENDA ITEM 6
PAGE ~3- OF ~
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
groups will only occupy five (5) to seven (7) parking spaces per counseling group. In
addition to the fifteen (15) maximum clients per group session, the Alpha DUI program will
also have five (5) support staff on-site. The program will operate Monday thru Friday from
2:30 p.m. to 9:00 p.m., with group meetings beginning at 4:00 p.m. during the weekdays.
In addition, the program will also offer a Saturday DUI program. The Saturday program will
offer three (3) staff on-site and will operate from 6:30 a.m. to 3:00 p.m.; with the first
counseling group beginning at 7:00 a.m. and the last one beginning at 3:00 p.m. Riverside
Recovery Resources indicates that due to the nature of the convictions, only thirty (30) to
forty (40%) percent are permitted to drive.
Based on the business plan for the "Alpha DUI Program" indicated above (including the
clerk, counselors, and attendees), twenty (20) drivers would be generated.
Beta/Badae Proaram
The Beta/Badge program is directed to adolescent education and counseling. The program
consists of one (1) counselor and will operate from 9:00 a.m. to 5:00 p.m. Monday thru
Friday, with group sessions beginning at 2:30 p.m.
Based on the Riverside Recovery Resources "Schedule of Activities" provided to staff,
there is no indication as to the amount of attendees attending at any onetime. Therefore,
staff cannot provide the Planning Commission with an estimate amount of drivers for this
program.
Omeaa Proaram
The Omega out-patient adult program is run by one (1) counselor. The program operates
from:
. 9:00 a.m. to 5:00 p.m. Monday through Friday with one (1) staff person on-site and
. 12:00 p.m. to 8:00 p.m. Tuesday through Thursday with one (1) staff person on-site.
Midweek groups begin at 5:00 p.m. and a "Monday and Friday's" single group begins at
10:00 a.m. The State of California mandates that the Omega program's group size be
limited to twelve (12) participants. Riverside Recovery Resources indicates that due to the
nature of the participant's life situation, only thirty-percent (30%) own or operate a
motorized vehicle.
Based on the business plan, indicated above (including the one (1) counselor), thirteen
(13) drivers would be generated.
AGENDA LTEM (p
PAGE ~ OF ~.t)
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
ON-SITE CIRCULATION & PARKING
Patrons of Riverside Recovery Resources will access the site via a two (2) way
ingress/egress drive-aisle off 3rd Street. Motorists can either park along the southern
property line or circulate east to access existing parking spaces along the interior portions
of Buildings (A) and (B). In addition to exiting the site off 3rd Street, motorists can also exit
the site through an existing two (2) way ingress/egress drive aisle along the southern
portion of the property. If exiting through this route, motorists will have to circulate through
additional existing industrial buildings before exiting onto Minthorn Street.
There are currently seventy (70) existing parking spaces that service both Buildings A and
B at 600 and 610 3rd Street. There is also three (3) spaces reserved for disabled parking.
ANALYSIS
Table-1 below indicates an analysis of the existing amount and required numberof parking
spaces for Building A and B within the industrial center, in relation to Chapter 17.66
(Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). As the table below
indicates and the Planning Commission is aware, the existing center does not have enough
parking spaces to accommodate the Riverside Recovery Resources use, pursuant to
Chapter 17.66 (Parking Requirements). By including the proposed Riverside Recovery
Resources use, the existing industrial center will have a deficiency of seven (7) parking
spaces, pursuant to Chapter 17.66 (Parking Requirements).
However, Chapter 17.66.070 (Shared and Off-site Parking) provides a caveat to allow the
reduction to the total number of required of on-site parking spaces provided the applicant
provides the Planning Commission with a professionally conducted parking study. The
parking study is to address the following items:
1. The potential peak parking demand and an actual parking survey of the
parking facility shall be conducted.
2. Sufficient evidence shall be presented demonstrating that no substantial
conflict in the principal hours or periods of peak demand for the structures
or uses.
3. Parties concerned in the use of shared or off-site parking facilities shall
provide evidence of agreements for such use by a proper legal
instrument, which shall be recorded in the office of the County Recorder
with two (2) copies thereof filed with the Planning Division as a condition
of approval.
AGENDA ITEM ~
PAGE -:2 OF d5
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
Table-1
Unit A (Mercury
Marking Devices)
Unit B (Carr One
Fabrications
Unit C (Riverside
Recovery
Resources)
5,000 = Total
Commercial Manufacturing
= 5,000/400
Commercial Manufacturing
= 5,000/400
Office = 5,000/250
13
5,000 = Total
13
5,000 = Total
20
Parkinq Study
At the request of the Planning Commission, the City of Lake Elsinore's Engineering
Division conducted a parking study for the proposed Riverside Recovery Resources. Based
on the findings, the parking study concluded that there will be sufficient parking at the site
to accommodate the projected parking needs of the existing uses as well as the proposed
Riverside Recovery Resources use.
T able-2
- -- -- - -- - - - -- -- ----- - - - -- - - - - - -- - --
12:40 PM 25 45 70 64% Eighteen (18) spaces used by boats on trailers
and three and three (3) illegally parked
automobiles on 3rd Street.
3:50 PM 29 41 70 59% Eighteen (18) spaces used by boats on
trailers.
6:20 PM 68 2 70 3% Two (2) autos moved out of lot at 6:22 PM.
Table-2 (listed above), is a compilation of the amount of parking spaces being used at
different intervals of time, which staff conducted on March 6, 2008. The existing parking lot
at 600 and 610 3rd Street will service four (4) businesses that will be required to share
parking. Additionally, in observing parking lot circulation on March 6, 2008, staff discovered
AGENDtTEM Co
PAGE OF :IS"
REPORT TO PLANNING COMMISSISION
APRil 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
that the highest number of parking spaces in use was at 12:40 p.m, at which, forty-five (45)
spaces were occupied. The lowest amount of spaces occupied was two (2) spaces
occupied at 6:20 PM.
T able-3
I
- - - --- -- --- -- --- -- ~ --
Existing
Occupied
Spaces 45 45 45 45 45 45 41 41 41 41 41 2 2 2
Riverside
Recovery
Resources
Required
Spaces 7 7 9 13 13 9 9 14 14 20 11 11 11 11
Total
Occupied
Spaces 52 52 54 58 58 54 50 55 55 61 52 13 13 13
Existing
Spaces 70 70 70 70 70 70 70 70 70 70 70 70 70 70
Remaining
Unused
Spaces 18 18 16 12 12 16 20 15 15 9 18 57 57 57
Table-3 (listed above), shows a compilation for the existing center's projected parking
spaces needs, which include the Riverside Recovery Resources use. The surplus of
unused parking spaces available within the existing center, throughout different time
periods, range from nine (9) to fifty-seven (57) spaces. The most intensive parking space
usage for the center will occur between the hours of 4:00-5:00 p.m. During this time
interval, the parking study indicates that approximately sixty-one (61) of the existing
seventy (70) spaces were occupied.
In addition, the City of Lake Elsinore requires that an additional ten-percent (10%), above
the required minimum amount of parking spaces, be available as part of a safety-factor for
these types of studies. For purposes of this parking study, ten-percent equates to
approximately seven (7) spaces. As indicated in Table-3 above, the minimum amount of
unused spaces is nine (9) between 4:00-5:00 p.m. Therefore, the minimum amount
exceeds the ten-percent (10%) required by the City of Lake Elsinore. It is concluded, based
on the parking study, that there will be sufficient parking to accommodate all four (4) uses
within the industrial center at 600 and 610 3rd Street, when the center is fully active.
AGENDA ITEM . (0
PAGE::l OF :d3"
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-17
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 1 (a) exemption for existing facilities because
the Project involves interior modifications to an existing industrial building. (14 C.C.R.
9 15301 (a)).
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2008-_
approving Conditional Use Permit No. 2007-17 for Riverside Recovery Resources, based
on the Findings, Exhibits, and proposed Conditions of Approval.
Prepared By:
Justin Carlson, Associate Planner ~
Approved By:
Rolfe M. Preisendanz, Director of Community Development~
ATTACHMENTS:
1. VICINITY MAP
2. PLANNING COMMISSION RESOLUTION
3. PLANNING COMMISSION CONDITIONS OF APPROVAL
4. CEQA NOTICE OF EXEMPTION
5. MOSBACHER FAMILY TRUST PARKING SPECIFICATIONS
6. RIVERSIDE RECOVERY RESOURCES "SCHEDULE OF ACTIVITIES"
7. CITY OF LAKE ELSINORE PARKING STUDY MEMORANDUM
8. DRAFT ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL
9. COVER SHEET (8 %" X 11")
1 O. SITE PLAN (8 %" X 11")
11. FLOOR PLAN (8 %" X 11")
12. FULL SIZE PLANS
AGENDA ITEM ~
PAGE-hOF~
VICINITY MAP
CUP 2007-17
\
PLANNING COMMISSION
AGENDA ITE1;7 NO. Cn .
PACE q OF c:l <) ~=
RESOLUTION NO. 2008-
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007-17
WHEREAS, Derrick Bruce Harvey (Riverside Recovery Resources), has
initiated proceedings to request the approval of Conditional Use Permit No. 2007-17
(the "CUP") to provide alcohol and other drug prevention, intervention, education, and
rehabilitation services to members of the community on an outpatient basis. Riverside
Recovery Resources is generally located at the 3rd and Collier Street intersection at 600
3rd Street (APN: 377-151-064). The site is within the (C-M) Commercial Manufacturing
Zoning district and has a General Plan Land Use designation of Business Park (BP);
and
WHEREAS, the City of Lake Elsinore recognizes that certain uses have
operational characteristics that, depending upon the location and design of the use, may
have the potential to negatively impact adjoining properties, businesses or residents
and therefore are permitted subject to the issuance of a conditional use permit, which
allows the City to comprehensively review and approve the use; 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 conditional use permits; and
WHEREAS, on April 1, 2008 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 proposed
Conditional Use Permit No. 2007-17 prior to rendering its decision and finds that the
requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been
satisfied.
SECTION 2. The Planning Commission hereby finds and determines that
the CUP is categorically exempt from the California Environmental Quality Act (Public
Resources Code 99 21000 et seq.: "CEQA") and the Guidelines for Implementation of
CEQA (14 California Code of Regulations 99 15000 et seq.: "CEQA Guidelines")
pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption.
Specifically, the Planning Commission finds that the CUP involves negligible or no
expansion of an existing use because the CUP involves making alterations to the
interior or exterior partitions, plumbing, and electrical conveyances within the existing
building.
AGENOA lTEL7 NO.
PAGEJ 0
Co
OF ot5 _
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 2 OF 3
SECTION 3. That in accordance with State Planning and Zoning Law and
the Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for approval of CUP 2007-17:
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.
Issuance of this Conditional Use Permit will facilitate the creation of a well
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses. The proposed land use conforms to the
objectives of the General Plan and the planning district in which the site is
located.
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.
All applicable City departments and agencies have been afforded the opportunity
to review the use permit and their comments have been addressed in the
conditions of approval attached to the staff report for this CUP. Conditions have
been applied relating to the proposed use, so as to eliminate any negative
impacts to the general health, safety, comfort, or general welfare of the
surrounding industrial development 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 Lake Elsinore
Municipal Code.
The proposed Conditional Use Permit is for interior modifications to an existing
industrial building located at 600 3rd Street (APN: 377-151-064) only. Riverside
Recovery Resources parking needs have been analyzed and staff has
determined that the proposed use will compliment the existing uses.
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 interior modifications to the existing industrial building located at
600 3rd Street (APN: 377-151-064) as well as the proposed use of an outpatient
drug and alcohol prevention and rehabilitation service has been reviewed in
relation to the width and type of pavement needed to carry the type and quantity
of traffic generated. The City has conducted a traffic study to determine that the
proposed site has adequate amounts of available parking to serve the proposed
use as well as the existing uses within the industrial center located at 600 and
AGENDA ITE~.:l NO. Co
PAGE.-L!-OfdS _
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 3 OF 3
610 3rd Street. The parking study concluded that there will be sufficient parking to
accommodate all four (4) uses within the industrial center at 600 and 610 3rd
Street when the center is fully active.
5. In approving the subject use, there will be no adverse affect on
abutting property or the permitted and normal use thereof.
The CUP has been thoroughly reviewed and conditioned by all applicable City
departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code
Section 17.74.50 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 Lake Elsinore Municipal Code Section 17.74.050, the proposed
Riverside Recovery Resources outpatient drug and alcohol prevention and
rehabilitation use has been scheduled for consideration and approval of the
Planning Commission at the regularly scheduled meeting on Apri/1, 2008.
SECTION 4. Based upon the evidence presented, the above findings,
and the attached conditions of approval, the Planning Commission hereby approves
Conditional Use Permit 2007-17.
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this 1st day of April 2008, 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
AGEN;)i~ ITEi,'1 NO. C,
PACE I Cr. OF,;LS ~
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007-17:
(RIVERSIDE RECOVERY RESOURCES)
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 Conditional Use Permit
No. 2007-17 for the Riverside Recovery Resources located at 600 3rd Street (APN:
377-151-064) 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. Prior to issuance of any 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.
4. The applicant shall comply with all requirements of the Riverside County Fire
Department.
5. The Applicant is to meet all applicable City Codes and Ordinances.
6. 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.
7. The applicant is to meet all requirements of the Lake Elsinore Unified School
district.
8. The Conditional Use Permit approved herein shall lapse and shall become void
one (1) year following the date on which the use permit became effective, unless
prior to the expiration of one (1) year a building permit is issued and construction
commenced and diligently pursued toward completion on the site.
ACENDA m:;,~ fW. C,
PACE I 3 or-;)" c::;
9. The Conditional Use Permit shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of
Approval.
10. 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.
11. All group sessions and/or gatherings shall be conducted within the existing building
located at 600 3rd Street.
12. There shall be no outdoor storage. All storage shall be located within the building
located at 600 3rd street.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
13. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior
to the issuance of a building permit.
14. Prior to the issuance of a building permit, the applicant shall provide assurances
that a reciprocal parking agreement for the existing industrial center located at 600
& 610 3rd Street has been filed with the County of Riverside.
15. Any/all applicable fees shall be paid, prior to the issuance of a building permit.
PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY
16. The applicant shall meet all conditions of approval prior to the issuance of a
certificate of occupancy.
RIVERSIDE COUNTY FIRE DEPARTMENT
17. The applicant is to comply with the attached Riverside County Fire Department
Conditions of Approval.
ACE;'mA iTErd r~o.
PACE~OF
Co
d~-
LAKE ELSINORE FIRE
CONDITIONS OF APPROVAL
CUP 2007-17 Riverside Recovery
January 3, 2007
General Conditions
CASE - CITY CASE STATEMENT
With respect to the conditions of approval for the referenced project, the Fire Department
recommends the following fire protection measures be provided in accordance with Riverside County
Ordinances and/or recognize fire protection standards:
--.,n_'~_,n_'....,.,--
----
-----~//
CORRECTIONS:
1. Provide the occupancy group for all areas of the building. 508.3 CBC 2007 Edition
2. 2. Which room is for group counseling? Table 1004.1.1 Assembly without fixed seats
unconcentrated (tables and chairs) use is 15 square feet per person.
3. Rear exit door to swing in direction of travel
4. Floor plan does not match the site plan.
USE-#89-RAPID ENTRY KNOX BOX
Rapid entry Knox key storage box shall be installed on outside of the building. Plans shall be
submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check
deposit base fee is $126.00)
USE-#17 A-SLDG PLAN CHECK $
Building TI plan check fee of $212.00, shall be paid in a check or money order to the City of Lake
Elsinore before plans are approved by our office.
PRIOR TO BUILDING FINAL INSPECTION
USE-#45 - FIRE LANES
The applicant shall prepare and submit to the Fire Department for approval, a site plan designating
required fire lanes with appropriate lane painting and/or signs.
USE-#12A- SPRINKLER SYSTEM
Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not
allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe
size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature)
the stability of the building system for seismic and gravity loads to support the sprinkler system. All
fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire
department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of
25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must
P,GE;~~?\ m::~/l NO. ~
PACE . (5 OF ~S--.-
be included on the title page of. .j building plans. (Current sprinkler t- An check deposit base fee is
$614.00 per riser or $212.00 for Tenant Improvement)
Applicant or developer shall be responsible to install a .L. Central Station Monitored Fire Alarm
System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.V.'s and all
control valves. Plans must be submitted to the Fire Department for approval prior to installation.
Contact Fire Department for guideline handout (current Monitoring plan check deposit base fee is
$192.00)
USE-#27-EXTINGUISHERS
Install portable fire extinguishers with a minimum rating of 2A-1 OBC and signage. Fire Extinguishers
located in public areas shall be in a recessed cabinets mounted 48" (Inches) to enter above the floor
level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of
equipment prior to installation.
USE-#32- TITLE 19
Comply with Title 19 of the California Administrative Code.
{'
AOEi'-~Di\ rrE~~1 r,~o, \0
PAGE l Co OF ~ c:;-
CITY OF ~
LAKE ,6,LSiI10IU:
V" DREAM E1TREMElII
Notice of Exemption
Filed With: D
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
~
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title: Conditional Use Permit No. 2007-17
Project Location (Specific): The proposed project site is generally located at the 3rd and Collier Street
intersection at 600 3rd Street (APN: 377-151-064).
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
Uniform Sign Program No. 2007-08: The applicant is requesting approval of a Conditional Use Permit (CUP)
to provide alcohol and other drug prevention, intervention, education, and rehabilitation services to members of
the community on an out-patient basis. In addition to the services listed above, the proposed site will also
include the Riverside Recovery Resources administration operations for the corporation.
Project review is pursuant to Chapter 17.94 (Signs-Advertising Structures) of the Lake Elsinore Municipal Code
(LEMC).
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Justin Carlson, 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): Class 1 (Existing Facilities)
Reasons why project is exempt:
This project meets the requirements pursuant to Section 15301 (Existing Facilities) of the California
Environmental Quality Act (CEQA).
Contact Person: Justin Carlson, Associate Planner
Telephone Number: (951) 674-3124 x 295
Signed:
Title:
Director of Commu~!ty De~~lo,pment ~
AGEr..DA \TE;.; T~O.
PAGE l { OF
Rolfe M. Preisendanz
-
-
MOSBACHER FAMILY TRUST
600 Third Street, Lake Elsinore, CA. 92530
(951) 551-1802
December 10, 2007
Mr. Justin Carlson
Associate Planner
City Of Lake Elsinore
RE: Conditional use Permit (CUP 2007-17) for Riverside Recovery Recourses and a
Reciprocal Parking Agreement for 600 Third Street and 610 Third Street Buildings.
600 Third Street building totals 15,000 sq ft. Parcel number 377151064-8.
Unit C for Riverside Recovery Resources totals 5,000 sq ft. planning
recommendation 4 spaces per thousand ft. .............................. Total reqd. 20 spaces
Unit A Mercury Marking Devices totals 5,000 sq ft., 1,080sq. ft. of office
inc. R/R, and 3,920 sq, ft. of shop. Manufacturing Metal Marking products since 1918.
Elsinore code 17.66.030
Section C requires 1 parking space per 500 ft. .......................... Total reqd.l0 spaces
Unit B for Carr One Fabrications (sand cars) totals 5,000 sq ft., No office.
Elsinore code 17.66.030
Section C requires 1 parking space per 500ft............................ .Total reqd 10 spaces
610 Third Street building totals 12,000 sq ft. parcel number 377151065-9.
California Skier totals 12,200 sq ft., 1,080 sq. ft. of office inc. R/R, and
1,120 sq. ft. of factory. Elsinore code 17.66.030. Section A Commercial Manufacturing
District requires 1 space for each 400 sq ft. of unit area. . . . . . . . . . . . .. . . . . . .. . . . Total reqd.
30 spaces
Total Spaced Required 70
Included in the70 existing parking place are three handicapped. Mercury Marking
Devices operates a four-day workweek Monday thru Thursday. California Skier operates
a five-day workweek Tuesday thru Saturday.
Mosbacher Family Trust will provide a recorded Reciprocal Parking Agreement to
the City of Lake Elsinore for parcel numbers 377151064-8 and 377151065-9.
Sincerely,
~/Jz.-
Hugh Mosbacher
-
~~~~~\f~{D)
0'-(' 10'"'1"'7
_.. ...JU
CITY OF LAKE ELSINORE
Plf.\NNI~.!G DIVISION
I
AI..it:NUi'-\ll.:.il I'o.V. \.0
PACE (~ or d 5"
.........
~
Riverside Recovery Resources
Schedule of Activities
At
600 Third Street, Building C
Lake Elsinore, CA
Administration:
Monday through Friday
7a.m. - 5
7 Staff on Site
Administration consists of th~Exe(:utive Director, Bookkeeper, Human..Resources Manager, Billing Clerk,
Alpha Program Dlrector, one c.ounselor and one receptigl)ist.
Alpha DUI prggram
Monday through Friday
5 Staff on Site
The Driving Underthe Influence Progra
4 p.m. duriMweekdays. They provide e
State mandates limit the group size to fi
of the participants are not licensed to op
to 5 to 7 per group.
f one clerk, nd four (4) counsEthf)rsJ:itsJirs~ group at
c1ude group and ind\vidual(:ounseling.
t result of their offense~. appro~imftelY 60%
'c1e. This limits the amollntof.parkiflg spaces
Saturday
-3p.m.
3 Staff on Site
Saturday DUI Program has its first group at 7 a
the nature oftheiLconvictions 30 to 40% are a
group starting at2.p:m.Again, due to
to drive to tha(;ility.
Beta/Badge
Monday through Friday
9
1 Staff on Site
Our adolescent education/counseling programs consist of one (1) counselor .ts groups start at 2:30 p.m.
and consist of adolescents only.
Omega Program
Monday and Friday
9 a.m. - 5 p.m.
1 Staff on Site
Tuesday through Thursday
12 p.m. - 8 p.m.
1 Staff on Site
Out Patient adult program consists of one counselor. Mid week groups begin at 5 p.m. On Monday and
Friday a single group begins at 10 a.m. State mandates limit the group size to 12 participants. As a
result of their life situation only 30%, at best, actually own or operate a motor vehicle.
(800) 801-WOD!:: · (951) 674-5354 · ~AX (951) 674-5227 ACENOA lTEM NO. b
"oome pro8mme~ partially funded by Qiverc~ide County Department of Mental 1Jep~bE I cr OF d 5
CITY OF LAKE ELSINORE
MEMORANDUM
TO:
Ken Seumalo, Director of Public Works/City Engineer
Ed Basubas. City Traffic Engineer ~
Chuck Mackey, Consulting Traffic Engineer ~
March 13, 2008
FROM:
By:
DATE:
SUBJECT:
PARKING STUDY FOR RIVERSIDE RECOVERY RESOURCES
Planning has requested that a parking study be conducted to see if there is sufficient
parking available for an alcoholic counseling center to be located in a business park
located at Collier Avenue and Third Street. The center is Riverside Recovery Resources.
The study follows. It concludes that there will be sufficient parking at the site to
accommodate its projected parking needs.
Parking Study
Existing use of the parking lot is currently for the use of four businesses. There are 70
existing spaces including two handicapped spaces.
An observation study to collect parking use data occurred on March 6, 2008. The results
are shown in Table 1. The highest use was found at 12:40 PM where 45 spaces were
occupied.
Table 2 shows the projected parking use of the counseling center. The use ranges from
7parking spaces to 20. The 20 spaces need occurs between 4 and 5 PM.
Table 3 shows the projected center's parking needs added to existing use. Unused
parking spaces range from 9 to 57. The most usage will occur from 4 to 5 PM with 61
spaces being used.
The City requires that a ten percent safety factor be used in these types of study. Ten
percent is 7 spaces. Table 3 shows 9, which is greater that 10 percent. It is concluded
that there will be sufficient parking when the center is fully active.
AGENDA ITEM NO.
PACE do
(0
OF d- 5"
T A$U1: 1
PA~~I:Na LOT U$E OBSERVATION STUDY
Loaction: ColHer/3rd Street
RE:Riverside Recovery Resources
Date: 3/6/08
Dt II tdb CM k
aaco ece JY: ac ey
Time Empty Parking Total Percent Comments
Parking Spaces Spaces Used
Spaces Occupied On Site
12:40 25 45 70 64% 18 spaces used by boats on trailers
3 illegally parked autos on 3rd St
3:50 PM 29 41 70 59% 18 spaces used by boats on trailers
6:20 PM 68 2 70 3% 2 auto.s, moved out of lot at 6:22 PM
.,
Admin
staff
Alpha
staff
clients
Beta
staff
clients
Omega
staff
clients
Totals
Existing
Occupied
Spaces
RRR
Required
S aces
TAIL! :2
PARKING Us(! STUDY
RIVERSIDE RECOVERY RESOURCES
Weekda Use
7-8 8-9 9-10 10-11 11-12 12-1 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9
7 7 7 7 7 7 7 7 7 7
5 5 5 5 5 5 5
6 6 6 6 6
1 1 1 1 1 1 1 1
1
1
4
1
4
11111
TABLE 3
PRESENT USE PLUS RIVERSIDE RECOVERY RESOURCES
2
!Remaining~
'~..' 18 1818 .1 · ...... . . .... '. .' · . '.16 57 57 ~7 . .
/ ~ .. ..... . .... . ITEM NO. L?
. . PACE~OF :;)5'
CITY OF ~~
LAKE ,6,LSiNORJ:
V DREAM EXTREME",
ACKNOWLEDEGEMENTOF
DRAFT CONDITIONS
RE: CONDITIONAL USE PERMIT NO. 2007-17: (RIVERSIDE
RECOVERY RESOURCES)
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: ~ -\1-0 ~
Applicant's Slgnalure~ ~ ~_____
Print Name: ~~\.:<- <.i:_ - ~\\~LI
Address: (aGQ ~\Vl~ ~\11\.~ \-- \
~'(\: t\~\N.\)~\':- l ttA-
Phone Number: \q,,) Col'1 - S3 ~'{
'-
ACENDA ITEM NO. l.o
PACE. if;r OF .d-5
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'il lENENT IMPROVEMENT FOR
-l ~ " ~ f I A ALFORD DESIGN & DRAFTING RIVERSIDE RECOVERY
..... "I~!~l;: 0 RESOURCES ADMIN. OFFICES
0 ~ 41610 Date St. #103
~ ..../j ~ 2 !!! D ~URfllETA, CA. 925fJ2 600 3rd SI. SURe A
~ Ph. (951) i(;1-7427
Lake Elsinore, CA.
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A ALFORD DESIGN & DRAFTING
D 41610 Date St. 1103
l.lI.JRl'lIETA, CA. 92562
D Ph. (951) 461-7427
TENENT IMPROVEMENT FOR
RIVERSIDE RECOVERY
RESOURCES ADMIN. OFFICES
600 3rd SI. Suite A
Lake Elsinore, CA
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CITY OF ~
LAKE ,6,LSiNON:
~.~ DREAM E;(TREME...
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:
APRIL 1, 2008
AGUSTIN RESENDIZ, ASSOCIATE PLANNER
CONDITIONAL USE PERMIT NO. 2007-18 AND
COMMERCIAL DESIGN REVIEW NO. 2008-06.
PREPARED BY:
PROJECT TITLE:
APPLICANT:
OWNER:
MR. RODNEY NIELSEN
23458 MOLLASIN CIRCLE
CANYON LAKE, CA 92587
SAME
PROJECT REQUEST
The applicant is requesting approval of a Conditional Use Permit (CUP 2007-18) and
Commercial Design Review (C No. 2008-06) to allow the establishment of a "Bait, Tackle
and Snack" shop.
Project review is pursuant to Chapter 17.44 (C-1; Neighborhood Commercial District),
Chapter 17.66 (Parking Requirements), Chapter 17.74 (Conditional Use Permits); and
Chapter 17.05 (L, Lakeshore Overlay District).
PROJECT LOCATION & SITING
The proposed project is located at 1604 W. Lakeshore Drive, also known as (APN: 375-
350-008 & 039), within the Lakeshore Overlay District and has a Zoning designation of C-1
(Neighborhood Commercial) and a General Plan designation of ("Future" Specific Plan
Area 1- Lake Edge).
ACEND,~ ITEM NO. -,
PACE_L_~Of._-1.!__"_
REPORT TO PLANNING COMMISSISION
APRI L 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
FLOOR PLAN
The existing two (2) story building is currently being accessed from Lakeshore Drive. The
upper level will consist of several areas such as a kitchen and serving area where the
applicant proposes the preparation and sales of "smoothies and ice cream." This level will
also include two (2) storage rooms and a restroom. The lower level will consist of an
office, two storage areas, a convenience "bait, tackle & snack" store, and two exterior trash
enclosure areas.
PROJECT BACKGROUND
On September 6,2007, the applicant submitted an application for a Conditional Use Permit
for the operation of a "Bait, Tackle and Snack Shop" from an existing building located at
1604 West Lakeshore Drive.
On September 12, 2007, staff provided the applicant with a "Letter of Incompleteness"
notifying the applicant that minimum submittal requirements had not been provided in order
for staff to conduct a complete analysis of the proposed use in relation to the Lake Elsinore
Municipal Code (LEMC). As part of the items that were not submitted, staff requested that
the applicant would need to include a Commercial Design Review application as part of the
proposed project. Another item that was mentioned was the vehicular circulation as well
the amount and availability of off-street parking within the project site.
On November 4,2007, the applicant re-submitted plans to the Community Development
Department in response to the "Letter of Incompleteness" that was mailed September 12,
2007.
On November 30, 2007 staff reviewed the re-submitted plans and identified that there were
still requested items that were not achieved. Subsequently, staff notified the applicant that
some or all of the required findings necessary for the approval of the proposed project
could not be met and to revise the plans accordingly.
On December 12, 2007 staff provided the applicant with an additional comment letter in
which the above items were once again mentioned. This letter also indicated that staff
wanted to proceed with the presentation ofthe project to the Planning Commission as soon
as possible, however, the main concern was the deficiency of parking, landscaping, and
development standards related to required setbacks, right-of-way, and site plan.
Finally on February 10, 2008, staff met with the applicant to discuss several of the issues
that needed to be resolved in order to generate a product that would satisfy and fulfill all of
the findings required in order to obtain approval of the proposed project. However, the
applicant indicated that he would like to proceed and requested to be scheduled for the
AGENDA ITEM l
PAGE 2. OF ]I
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
earliest possible Planning Commission meeting even if it meant having a recommendation
of denial. Therefore, staff scheduled the project for the March 18, 2008 Planning
Commission meeting.
ENVIRONMENTAL SETTING
Project Site
Commercial
North
Vacant
C-1 (Neighborhood Specific Plan "I" (SP-I)
Commercial
C-1 (Neighborhood Specific Plan "I" (SP-I)
Commercial
R Recreational)
C-1 (Neighborhood
Commercial
C-1 (Neighborhood Specific Plan "I" (SP-I)
Commercial)
South
East
Lake
Vacant
West
Vacant
PROJECT DESCRIPTION
The applicant is requesting consideration of a Conditional Use Permit and Commercial
Design Review (CUP 2007-18 and C 2008-06) to establish a "Bait, Tackle and Snack
Shop" at an existing building located at 1604 West Lakeshore Drive. The existing two (2)
story building is accessed from Lakeshore Drive; the first level will consist of several areas
such as a kitchen area where the sale and preparation of "smoothies and ice cream" will
take place as well as a waiting section. This upper level will also include two (2) storage
rooms and a unisex bathroom facility. The lower level will consist of an office, two storage
areas, a convenience store with frontage on the lake, and two exterior trash enclosure
areas.
Currently, the existing building has a total of six (6) parking spaces; three (3) that front
Lakeshore Drive; of which one (1) is assigned as handicap, and three (3) more at the back
side of the building designated for employees. The applicant indicates that operating hours
will be 8:00 a.m. to 8:00 p.m. and the applicant emphasizes that he is directing his
business towards the visitors at the beach and not necessarily to vehicular traffic. However,
the parking requirements must still be met in addition to conforming to the required ultimate
right-of-way and applicable setbacks. Therefore, unless the minimum Lake Elsinore
Municipal Code standards for parking, landscaping, and the development guidelines are
met, staff cannot ensure that the proposed use will not have a negative effect on the
availability of parking and circulation.
AGENDA ITEM L
PAGE.3... OF 1T
REPORT TO PLANNING COMMISSISION
APRI L 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
ANAL YSIS
According to Lake Elsinore Municipal Code Section 17.74.060 and Section 17.82.080, the
Planning Commission shall make the following findings before granting approval of a
Conditional Use Permit and Design Review:
1. That 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.
2. That 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.
3. That 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 Lake Elsinore Municipal Code.
4. That 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.
5. That in approving the subject use at the specific location, there will be no adverse
effect on abutting property or the permitted and normal use thereof.
6. That adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code
Section 17.74.050 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.
According to Lake Elsinore Municipal Code Section 17.82.080 Findings. The Planning
Commission shall make the following findings before granting "Design Review" approval:
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.
2. The project complies with the design directives contained in Section 17.82.060 and
all other applicable provisions of the Municipal Code.
3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
AGEND{\~,TEM ~
PAGE -=L OF ---L'
REPORT TO PLANNING COMMISSISION
APRIL 1,2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
approval of the subject project to insure development of the property in accordance
with the objectives of this Chapter and the planning district in which the site is
located.
If the Planning Commission is unable to make anyone of these findings, the Conditional
Use Permit and the Commercial Design Review cannot be approved. In other words, the
Planning Commission must be able to make all of the findings in order to approve the
Conditional Use Permit.
Based on the application, submitted plans, the deficiency of parking, landscaping, the non-
conformance of the existing building and applicable development standards, as well as all
of the evidence presented, Staff believes that findings cannot be made for number (3), (4),
and (6) listed above under the conditional use permit required findings and number (2)
under the Design Review required findings.
As indicated in the LEMC, if the Planning Commission is unable to make anyone of these
findings, the request for the proposed project should not be approved.
Conditional Use Permit
The following findings must be met before granting the approval of the requested
Conditional Use Permit:
. That 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 Lake Elsinore Municipal Code.
· That 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.
· That adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code
Section 17.74.050 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.
According to Section 17.72.070 Discontinuance -- Resumption prohibited. If an existing
non-conforming use has been abandoned, discontinued, or such use has ceased to
operate for over a period of six (6) months, the existing building must be brought up to
code and all current developments standards.
AGEND'STEM ~
PAGE OF ....:.-
REPORT TO PLANNING COMMISSISION
APRI L 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
According to Business License Division records, a license to operate an office under the
name of "All Star Management Svc, Inc." was issued on July 7,2007; however prior to that
license, there are no records of the property as being occupied, for that or any other
business for over a period of six (6) months. Therefore, in order to conduct a business from
this location the existing property must be brought up to code.
On August of 2007, the Building and Safety Division issued a stop work order for
construction activity on the site. At this time the applicant made staff aware of his plans to
expand the use of the building.
The Community Design Element under the General Plan indicates that site entry and
connections with buildings should be enhanced through landscape, hardscape, and
architectural design in addition to providing adequate vehicular and pedestrian access to
commercial sites which should be consistent with the criteria set forth in the Circulation
Element.
The proposed project as presented does not meet the Community Design Element
Guidelines, or the General Plan Circulation criteria. The existing building does not provide
sufficient variation or articulation in order to create visual interest. The building entrance
should be defined by elaborate recessed or projective doorways in addition to texture
hardscape and landscape to accomplish the required architectural design. Additionally,
adjacent to streets a continuous area, a minimum of fifteen feet (15') and an average of
twenty feet (20') in depth shall be landscaped and maintained between parking areas and
the public right-of-way. Parking areas should be screened as much as possible utilizing
berms, shrubs, and other decorative treatments of sufficient size and height to meet this
requirement. The location of the existing building does not allow sufficient room to
accommodate the required right of way dedication along Lakeshore Drive nor, the
landscape buffer along the public right-of-way, since after complying with the proposed
right-of-way it only leaves five (5') feet to the existing building, that is not including the
required twenty (20') foot front yard setback.
As for the compliance with the Circulation Element, the project site illustrates the front
parking spaces located within the limits of the ultimate right-of-way required along
Lakeshore Drive which is 120 feet; it also lacks the additional parking spaces. According to
Section 17.66.030.13 of the Lake Elsinore Municipal Code; restaurants and other eating,
drinking and food establishments are required to provide one (1), onsite parking space for
each forty-five square feet of customer area (1/45), plus one space for each two-hundred
and fifty square-feet of non-customer area (1/250). The proposed plan identifies
approximately 690 square feet of customer area which requires 15 parking spaces and as
for the non-customer area there are approximately 651 square feet, which requires three
(3) parking spaces for a grand total of eighteen (18) parking spaces.
AGENDA-ITEM (
PAGE~OF \ {
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
The applicant has also been requested to provide a photometric study for the parking lot
lighting which as per the date that this report was prepared it has not been received
Finally, Section_17. 66. 080 Circulation and Parking Space Layout. of the Lake Elsinore
Municipal Code requires that, parking for this type of use shall be arranged so as to permit
vehicles to move out of the parking area without backing onto a street and no two-way
drive aisle shall be less than twenty feet (20'). In this case the existing parking spaces that
front Lakeshore Drive back up onto the street and the drive way that leads to the lower
level is only fifteen (15) feet wide and there is a section that is not covered by concrete.
Therefore, Staff has indicated to the applicant that staff cannot recommend approval of the
project as proposed.
DesiQn Review
The following findings must be met before granting the approval of the requested
Commercial Design Review:
. Avoid long, unbroken building elevations and make offsets in the plan an integral
part of the design plan. Structural projections/features should be incorporated to
create visual interest.
. Elevations facing the road right-of-way or major roads should receive special
architectural treatments.
Although the applicant has completed interior and exterior improvements to the existing
building there is still the need to provide additional architectural elements and upgrades in
order to meet the architectural design guidelines applicable to commercial/office
developments as required in the General Plan. The City's acceptable level of architectural
design requires that structural projections/features be incorporated in the architecture
providing and creating visual interest as well as a more defined style of architecture with
varying dimensions, features, and design accents.
As mentioned above, staff has determined that the proposed project does not meet the
Lake Elsinore Municipal Code, as per Chapter 17.44 (C-1; Neighborhood Commercial
District); as well as the General Plan Commercial/Office Design guidelines.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the proposed Conditional
Use Permit No. 2007-18 for the "Bait, Tackle and Snack Shop" located at 1604 Lakeshore
Drive is not a project given that it is recommended that the project be denied.
AGENDA ITEM (
PAGE I OF =r:l
REPORT TO PLANNING COMMISSISION
APRIL 1,2008
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-18 AND COMMERCIAL
DESIGN REVIEW NO. 2008-06
If the Planning Commission wishes to approve Conditional Use Permit No. 2007-18 and
Commercial Design Review 2008-06; a preliminary environmental analysis would be
required to determine the type of CEQA documentation. The proposed Conditional Use
Permit and Commercial Design Review cannot be approved until the proper CEQA
documentation is prepared.
RECOMMENDATION
It is recommended that the Planning Commission deny the request for the proposed
Conditional Use Permit and Commercial Design Review (CUP 2007-18 and C 2008-06) to
establish a "Bait, Tackle and Snack Shop" at an existing building located at 1604 West
Lakeshore Drive.
If the Planning Commission wishes to approve the proposed project and determines that all
necessary findings can be made, Staff will be required to prepare all of the applicable
conditions of approval and a resolution for the approval of the project, including the proper
environmental assessment.
Prepared By:
Agustin Resendiz,
Associate Planner
Approved By:
Rolfe M. Preisendanz, /7/v;/7
Director of Community Development t' / " /" c..-----
Attachments:
1. Reduced Set of Plans
2. Large Set Of Plans
AGENOAJTEM l
PAGE --:G- OF J]
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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
DATE:
APRIL 1, 2008
PREPARED BY:
STEVEN MCCARTY, REDEVELOPMENT PROJECT
MANAGER
REVIEWED BY:
TOM WEINER, PLANNING MANAGER
APPROVED BY:
PROJECT TITLE:
ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY
DEVELOPMENT
ZONING ORDINANCE TEXT AMENDMENT NO. 2008-02;
ADDING CHAPTER 17.26 "DENSITY BONUSES" TO THE
LAKE ELSINORE MUNICIPAL CODE REGARDING THE
ESTABLISHMENT OF DENSITY BONUSES AND OTHER
INCENTIVES LINKED TO AFFORDABLE HOUSING
DEVELOPMENTS, CHILDCARE FACILITIES, AND LAND
DONATIONS
APPLICANT:
CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET,
LAKE ELSINORE, CA 92530
PURPOSE
According to state law, all cities are required to adopt ordinances specifying how
compliance with the California Density Bonus and Incentive Law (Cal. Gov. Code Section
65915 et seq: "DBIL") shall be achieved. The purpose of this report is to present
information to the Planning Commission regarding a proposed text amendment to the Lake
Elsinore Municipal Code which would establish density bonuses and other incentives linked
to eligible affordable/senior housing developments, childcare facilities, and land donations
within the City of Lake Elsinore. Sitting as an advisory body, it will be the Planning
Commission's function to make a recommendation to the City Council regarding the
proposed text amendment.
BACKGROUND
The DBIL was first ratified by the California State Legislature in 1979 with the intent of
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
spurring the development of affordable housing. In 2005, SB 1818 greatly amended the
DBIL to its present state. The DBIL mandates that local governments provide density
bonuses and other incentives in response to a request by a developer of an eligible
housing project. Government Code section 65915 instructs local governments to adopt an
ordinance explaining how the local government will comply with the requirements to
implement the DBIL.
The City's 2002 Housing Element lists adopting an affordable housing density bonus as
Objective 3.2. The corresponding policy objective states that "the City shall adopt an
Affordable Housing Density Bonus Ordinance to assist in the development of affordable
housing."
To date, the City of Lake Elsinore has not adopted a density bonus ordinance and has not
received an official request for any incentives under Government Code section 65915.
Nonetheless, updating the Lake Elsinore Municipal Code is required by state law and is
consistent with the City and Redevelopment Agency objectives to attract and support
quality affordable housing developments. Additionally, implementing the DBIL will provide
for densities more conducive to the development of affordable housing, particularly when
considering the limited availability of land and the tremendous need for more affordable
housing.
While there are close to 300 units of deed restricted affordable housing units in the City of
Lake Elsinore, the City is required to develop several more hundred units of affordable
housing in the near future. The City of Lake Elsinore must make significant progress to
producing between 800 and 900 additional units of affordable housing by 2010.
Considering that less than 100 affordable units with long-term affordability restrictions
imposed by the RDA have been built and maintained in the City of Lake Elsinore since
1980, the City must utilize new methods in order to produce our fair share of affordable
housing. In this case, state law mandates that local governments adopt the density bonus
and incentives law.
Densitv
Currently, the maximum permitted density in each residential zone is as follows:
TABLE 1.
1. The General Plan Update will amend these zoning designations
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
Residential)
Low Density 0-1 R-R (Rural 0.5
Residential Residential District)
Low-Medium Density 1-6 R-E (Estate Single- 1
Residential Family Residential
Medium Density 7-18 R-H (Hillside 3
Residential Single-Family
Residential)
High Density 19-24 R-1 (Single-Family 6
Residential (19-24 Residential District)
Dwelling Units Per
Acre)
Residential Mixed- 19-24 R-2 (Medium 12
Use2 Density Residential)
Commercial Mixed- 7-18 R-3 (High Density 24
Use Residential)
Mobile Home 10"
Community District
The above densities do not take into account variations permitted under specific plan areas
and zone overlays incorporated into the zoning and General Plan maps.
Based on Table 1 above, the highest permitted density within the City is 24 d.u./acre. At
this maximum density, many affordable housing projects are not economically feasible and
capable to meet the market need. Granting a density bonus in exchange for the inclusion
of affordable housing units within a residential development project helps to provide the
incentive necessary to support the economic viability of affordable housing. The DBIL
promotes mixed income projects and the proposed Ordinance implementing the DBIL will
help to introduce affordable units into the community's housing stock and thereby achieve
the goal of providing housing available to all economic segments of the community.
Table 2 provides a breakdown of other cities' highest residential density zoning and
whether or not they have adopted the density bonus provisions as of a survey conducted
last year:
2. With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to
35 dwelling units per net acre shall be granted where site amenities are provided.
3. City of Lake Elsinore Housing Element Update, 2002.
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
TABLE 2.
Corona R-3-C 58 Yes
Hemet R-3 25 Yes
Moreno Valle R-20 20 Yes
Murrieta MF-2 18 Yes
Ontario R-3 25 No
Perris MFR-14 15 Yes
Rancho Cucamon a Hi h Residential 30 Yes
San Bernardino Residential Hi h 31 No
Temecula Hi h 20 Yes
The above densities do not take into account variations permitted under specific plans and
zone overlays.
The following provides a picture of what different densities look like in terms of building
height appearance:
20-40 Dwelling Units Per Acre (Typically 2-4 Stories)
40-60 Dwelling Units Per Acre (Typically 3-5 Stories)
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
60-80 Dwelling Units Per Acre (Typically 4-6 Stories)
80-100 Dwelling Units Per Acre (Typically 5-7 Stories)
While the previous pictures mention the typical amount of stories associated with various
densities, it is important to note that the relationship between building height and density is
much more tenuous than it appears at face value. For instance, the following schematic of
a 300,000 square foot development on a five acre site can be expressed in many building
heights: 5
A
B
c
4 buildings
3 stories each
2 buildings
6 stories each
I building
12 stories
Site Plan
Site Pia n
Site Plan
~
---
Elevation
Elevation
Elevation
Residential developments' building heights will range according to their densities, unit
mixes, unit sizes, setbacks, open space allotment, and overall site plans.
4. Pictures retrieved from http://www.lacity.org/lahd/curriculum/gettingfacts/design/looklike.html
5. www.ci.bellevue.wa.us/pdf/PCD/Bel-Red _Height_Presentation _ 4-25-07 .pdf
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
Parkina
The DBIL sets maximum parking ratios for eligible developers. In addition to regulating the
number of parking spaces, the DBIL limits the type of parking stalls (Le.,
covered/uncovered) that can be required of eligible developers. As with all of the other
incentives and concessions, the developer must request that the City follow the DBIL's
parking requirements in order for the City to be obligated to abide by them.
The City's current parking ratio requirements, codified in Title 17 of the Lake Elsinore
Municipal Code, are summarized in Table 3 below:
TABLE 3.
Single Family
Residence
1 covered space and 2/3
o en s ace
1 covered space and 1
1/3 open space per
dwellin unit
2 garage spaces and 2
o en s aces in drivewa
0-1
2 or more
The maximums include handicapped and guest parking. Lake Elsinore Municipal Code
Section 17.66.030 D states that 1 open space may be provided elsewhere on a lot or in a
common area in a Planned Unit Development instead of the 2 open spaces in the driveway
typically required by a SFR.
ANALYSIS
This analysis will summarize the density bonus and incentives provisions, as well as outline
how the new program will help the City and RDA meet stated housing objectives.
CALIFORNIA STATE DENSITY BONUS AND INCENTIVE LAW SUMMARY
Definitions
A density bonus is defined in Section 65915(g) as "a density increase over the otherwise
maximum allowable residential density underthe applicable zoning ordinance and land use
element of the general plan as of the date of application by the applicant to the city, county,
or city and county."
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
An incentive, also referred to as a concession, is defined by Section 65915(i) and includes,
but is not limited to, the following:
· A reduction in site development standards (e.g., setbacks, zoning code
requirements, design standards, public works improvements, parking requirements,
square footage guidelines, etc.);
· Approval of mixed use zoning in conjunction with the housing project if the mixed
uses will reduce the cost of the development and are compatible with the existing or
planned surrounding land uses; and
· Other regulatory incentives or concessions proposed by the developer that will
result in identifiable cost reductions.
DBIL in Local Cities
Presently, well over 200 California cities have density bonus and incentive ordinances that
implement the state law. According to a survey of nine local cities, the vast majority have
codified the DBIL. One of the two cities in the survey that have not codified the DBIL stated
that they have received three requests this year from affordable housing developers for
density bonuses and are currently in the process of drafting density bonus and incentive
agreements. Developers elect into the density bonus and incentives program by
requesting its benefits from the city.
Calculatina the Densitv Bonus and Incentives for Affordable Housina Develooment
In its present state, the DBIL promotes the development of affordable housing, senior
housing, and childcare facilities. Additionally, the DBIL gives incentives for developers to
donate suitable land to the City for the development of affordable housing. The DBIL can
be used for the development of both rental and ownership units. A developer is eligible to
receive a density bonus and other incentives in accordance with the numerical equations
set forth in the DBIL. Essentially, a development receives a 2.5% density bonus for each
additional increase of 1 % Very Low income units above an initial 5% threshold, a density
increase of 1.5% for each additional 1 % increase in Low income units above an initial 1 0%
threshold, and a 1 % density increase for each 1 % increase in Moderate income units
above an initial 10% threshold. These bonuses reach a maximum density bonus of 35%
when a project provides either 11 % Very Low income units, 20% Low income units, or40%
Moderate income units. Table 4 summarizes the density bonus and incentives calculations:
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
TABLE 4.
Very Low (50% 5% 1 20% 20%+2.5% DB/1 % DR
AMI) 10% 2 32.5% over 5% up to a max.
11% 2 35% of 35% DB
15% 3 35%
Lower 10% 1 20% 20%+1.5% DB/1 % DR
(50-80% AMI) 20% 2 35% over 10% up to a max.
30% 3 35% of 35% DB
Moderate (for- 10% 1 5% 5%+1 % DB/1 % DR
sale/ownership 20% 2 15% over 5% up to a max.
units only) 30% 3 25% of 35% DB
40% 3 35%
Senior 100% (min. 35 N/A 20% Flat 20% DB
units
Calculatina the Densitv Bonus and Incentives for Child Care Facilities and Land
Under the DBIL, residential developers can earn density bonuses or incentives by building
eligible child care facilities or by donating suitable land for the development of affordable
housing in addition to any of the above unit types. Donated land must be appropriately
zoned, adequately served by infrastructure, and able to accommodate a number of very
low-income units at least equal to 10% of the developer's total proposed market
development size. The base density bonus is 15%, with increases in 1 % increments for
each percentage increase in the affordable units that can be accommodated above the
minimum 10% of the developer's proposed units. When the land is transferred, it must
have all of the permits and approvals necessary for the development of the Very Low
income housing units. The land and affordable units must be subject to deed restrictions
ensuring continued affordability. The city or county may require that the land be transferred
to a developer instead of the city. A density bonus granted for land donation may be
combined with a density bonus granted for affordability or senior restrictions, but the
maximum density bonus required by law is 35%.
6 Eligible developments must consist of at least 5 units pursuant to Government Code Section
65915 (g)
7 Any fractional units resulting from a density bonus calculation are rounded up pursuant to
Government Code Section 65915 (g).
8 The percentage of affordability for purposes of calculating the applicable density bonus is
determined by dividing the amount of affordable units by the total amount of units in the development.
before any density bonus is applied.
REPORT TO PLANNING COMMISSION
APRIL 1,2008
TEXT AMENDMENT NO. 2008-02
According to Section 65915(n), if desired, governments can exceed the 35% density bonus
maximum allocation. Governments can refuse to grant incentives or concessions under
certain limited conditions, such as the incentive or concession not being necessary to
establish affordability. Table 5 summarizes the density bonus calculations underthe child
care facility and donated land scenarios:
TABLE 5.
Building of Eligible Childcare
Facility + Any of the Above
Residency Restrictions
Either 1 additional incentive or concession, or a
DB granting additional residential square
footage equal to the size of the eligible child
care facilit .
15% DB + 1 % DB for every additional 1 % Very
Low Income DR above the threshold base of
10% Very Low Income DR constructible on the
donated land.
Donation of Suitable Land
Parkina Reauirements
Upon request by an eligible developer, the City is required to abide by parking ratio
maximums prescribed by the DBIL as set forth in the following table:
TABLE 6.
0-1
2-3
4 or more
1 onsite
2 onsite
2.5 onsite
The maximum parking required by developers includes handicapped and guest parking.
"Onsite Parking" may include tandem and uncovered parking, but not street parking.
Effect on Lake Elsinore Development
While many of the incentives and concessions, such as setback reductions and square
footage changes, made available under the DBIL do not come with specific rules, the
density bonuses and parking requirements serve as guidelines for what cities should adopt
in their local ordinances. Tables 7 and 8 below illustrate the expected changes in unit size
and parking requirements in eligible developments that could result from implementing the
DBIL:
TABLE 7.
REPORT TO PLANNING COMMISSION
APRIL 1,2008
TEXT AMENDMENT NO. 2008-02
Existin
RMR
R-R
R-E
R-H
R-1
R-2
R-3
General Plan Update
Desi nations:
Hillside Residential
Low Densi Residential
Low-Medium Density
Residential
Medium Densi Residential
High Density Residential (19-
24 Dwellin Units Per Acre
Residential Mixed-Use
Commercial Mixed-Use
1 d.u./lot min. 10 acre lot
1 d.u./lot min. 2 acre lot
1 d.u./lot min. 1.5 acre lot
1 d.u./lot min. 12,000 s.f.
1 d.u./lot min. 6,000 s.f.
12 d.u./acre
24 d.u./acre
35%
35%
35%
35%
35%
35%
35%
1 d.u./acre
1 d.u./acre
6 d.u./acre
35%
35%
35%
18 d.u./acre
24 d.u./acre
35%
35%
24 d.u./acre
18 d.u./acre
35%
35%
TABLE 8.
1.35 d.u./lot min. 10 acre lot
1.35 d.u./lot min. 2 acre lot
1.35 d.u./lot min. 1.5 acre lot
1.35 d.u./lot min. 12,000 s.f.
1.35 d.u./lot min. 6,000 s.f.
16.2 d.u./acre
32.4 d.u./acre
1.35 d.u./acre
1.35 d.u./acre
8.1 d.u./acre
24.3 d.u./acre
32.4 d.u./acre
32.4 d.u./acre
24.3 d.u./acre
Single Family 0-1 1 onsite -3
("SFR") 2 2 onsite -2
3 2 onsite -2
4 or more 2.5 onsite _1.512
Multi-Family 0-1 1 onsite -2/3
("MFR") 2 2 onsite +2/3
3 2 onsite +2/3
4 or more 2.5 onsite +1 1/6
9 These numbers were simplified and do not take into account conditions that require different lot
sizes, such as corner lots. 17.23.60 of the LEMC list the specific requirements.
10 The DBIL states that all fractional units and parking spaces are rounded up.
11 With a future adoption of a Residential Mixed Use Ordinance, a density bonus incentive of up to
35 dwelling units per net acre shall be granted where site amenities are provided.
12 Unlike the current LEMC, which requires 2 garage spaces for each SFR and 1 covered space for
each MFR, none of the parking spaces under the DBIL are required to have a covp.r
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
Overall, implementing the DBIL will likely cause some eligible developments to be up to 8.4
d.u.lacre denser with less or more stringent parking requirements depending on whether
the development is SFR or MFR with more than 1 bedroom, respectively.
How Densitv Bonuses and Other Incentives HelD Meet City and RDA Obiectives
The Project Area Redevelopment Plans state that the City, in order to help the RDA
complete its objectives, will provide revisions to planning and zoning requirements to permit
the land uses and development necessary for the Project Areas. RDA Project Areas 1, 2,
and 3 call for the development of housing to meet the needs of a diversity of people,
including seniors and people with lower incomes. By providing density bonuses for
developers of affordable housing, the RDA will be in a better position to attract housing that
is affordable without compromising the quality of the final product or providing
unsustainable subsidies.
The DBIL requires developers to maintain affordability for 30 years in exchange for
concessions and/or incentives from the City, but this minimum period of restriction could be
increased according to the terms of any subsidy program (RDA requirements require a 45-
55 year restriction period). The development of deed restricted affordable housing will help
the City and RDA meet their affordable housing requirements.
SUMMARY
To summarize, the proposed text amendment involves the following:
. A density bonus and incentive program for affordable, senior, and child care
developments.
. Maximum parking requirements for developments utilizing the proposed
ordinance.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was
completed to analyze the potential environmental impacts of the proposed project. The
Initial Study concluded that the proposed project would have no significant environmental
impacts. Negative Declaration No. 2008-02 for this project has been prepared and released
for public review. The review period commenced on March 5, 2008 and ended on March
25, 2008.
The City of Lake Elsinore is required by State law to adopt an ordinance to implement
California Government Code Chapter 4.3 Section 65915 et. seq., Density Bonuses and
Other Incentives. The impact of an increase in density or a reduction in the development
regulations for a specific project will be evaluated as part of each specific project.
REPORT TO PLANNING COMMISSION
APRIL 1,2008
TEXT AMENDMENT NO. 2008-02
FISCAL IMPACT
Higher densities may cause additional infrastructure costs, which may be proportionately
offset by the additional residents contributing to sales tax revenue. The proposed text
amendment would not change the overall scope or complexity of planning, zoning, or
development standards and as such would require a less than significant amount of
additional staff time or resources to administer. There would be no foreseeable negative
fiscal impact to the City resulting from the administration or enforcement of the proposed
ordinance. To the extent that monitoring the affordability of the resulting projects for 30-55
years would cost the City money, the City may establish fees to cover its monitoring
activities.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No.
2008-_, recommending to the City Council of the City of Lake Elsinore approval of
Zoning Ordinance Text Amendment No. 2008-02 and adoption of the Negative Declaration
2008-02 Therefor.
Prepared By:
Steve McCarty
Redevelopment Project Manager
Approved By:
Rolfe M. Preisendanz ./f7y;/J___
Director of Community Developmerw / / / ~
ATTACHMENTS:
1. PLANNING COMMISSION RESOUL TION
2. DENSITY BONUS ORDINANCE
3. NEGATIVE DECLARATION
RESOLUTION NO. 2008-_
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
ZONING ORDINANCE TEXT AMENDMENT NO. 2008-02 AND THE
ADOPTION OF THE NEGATIVE DECLARATION THEREFOR
WHEREAS, California Government Code Section 65915 requires that each city
adopt an ordinance establishing local procedures for the administration of density
bonuses and incentives; and
WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the Lake
Elsinore Municipal Code to conform with state law and to establish procedures and
regulations with respect to density bonuses and incentives within the City of Lake
Elsinore; and
WHEREAS, pursuant to Section 15070 of the CEQA Guidelines (14 C.C.R. SS
15000 et seq.) a Negative Declaration was prepared and revealed that the proposed
Text Amendment will not have a significant effect on the environment; and
WHEREAS, the Planning Commission has been delegated with the
responsibility of making recommendations to the City Council regarding amendments
to the Lake Elsinore Zoning Code; and
WHEREAS, public notice of the application has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department, Redevelopment Agency Staff, and other interested parties at a public
hearing held with respect to this item on April 1, 2008.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission finds and determines that the proposed
Text Amendment will not have a significant impact on the environment and hereby
adopts the Negative Declaration. The Planning Commission further finds and
determines that the Negative Declaration was prepared in accordance with CEQA
Guidelines Section 15070-15075 and reflects the City's independent judgment. In
accordance with CEQA Guidelines 15105, the public review period opened March 5,
2008 and closed on March 25, 2008. It is hereby recommended that the City Council
adopt the proposed Negative Declaration.
SECTION 2. The Planning Commission makes the following findings for
approval of the proposed text amendment:
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 2 OF 2
A. The proposed Text Amendment will not be detrimental to the health,
safety, comfort, or the general welfare of the persons working or residing
within the City. These revisions increase the quantity and quality of the
City's affordable housing thereby providing more Lake Elsinore residents
with safe, healthy, and comfortable places to live.
B. The proposed Text Amendment will not be injurious to property or
improvements within the City as the proposed revisions and modifications
are an overall beneficial enhancement to development in the City. The
amendments promote new development and encourage efficient use of
the City's limited resources.
C. The proposed Text Amendment are consistent with the General Plan and
Community Design Element and serve as an important link between the
City's built environment and the natural environment. Density bonuses,
incentives and concessions granted in connection with qualified housing
projects will not only satisfy state law but will lead to a more cohesive,
mobile, community feel.
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 approve Zoning Ordinance Text Amendment 2008-02 and Negative
Declaration 2008-02 Therefor.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 1st day of April, 2008, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Rolfe Preisendanz
Director of Community Development
ORDINANCE NO. 2008-_
AN ORDINANCE OF THE CITY
CALIFORNIA, ADDING CHAPTER
ELSINORE MUNICIPAL CODE
BONUSES
OF LAKE ELSINORE,
17.26 OF THE LAKE
REGARDING DENSITY
WHEREAS, California Government Code Section 65915 requires that
each city adopt an ordinance establishing local procedures for the administration
of density bonuses and incentives; and
WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the
Lake Elsinore Municipal Code to conform with state law and to establish
procedures and regulations with respect to density bonuses and incentives within
the City of Lake Elsinore; and
WHEREAS, accordingly, it is the purpose and intent of the City Council of
the City of Lake Elsinore to add Chapter 17.26 to the Lake Elsinore Municipal
Code as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 17.26 be added to the Lake Elsinore Municipal
Code, as follows:
Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to
satisfy the City's obligations under Government Code Section 65915 et seq. (the
"State Density Bonus Law"), as amended from time to time. This Chapter 17.26
specifies the procedures for providing density bonuses and incentives to
applicants who seek such density bonuses for housing development within, or for
the donation of land for housing within, the City of Lake Elsinore. Interpretation
of the requirements, definitions, and standards set forth in this Chapter 17.26
shall be construed so as not to be inconsistent with the State Density Bonus Law.
Section 17.26.020. Definitions. As used in this Chapter, the following
terms shall have the following meanings unless otherwise indicated from the
context:
"Additional Incentive" shall have the meaning set forth in Section
17.26.045(a) of this Chapter.
"Affordable Rent" means monthly housing expenses, including a
reasonable allowance for utilities, for Restricted Units reserved for rental to Very
Low or Lower Income Households, not exceeding the following calculations:
(1) Very Low Income: 50 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12; and
(2) Lower Income: 60 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12.
"Affordable Housino Cost" means the sum of actual or projected monthly
payments for all of the following associated with for-sale Restricted Units:
principal and interest on a mortgage loan, including any loan insurance fees,
property taxes and assessments, fire and casualty insurance, property
maintenance and repairs, homeowners' association fees, and a reasonable
allowance for utilities; provided that such sum meets the requirements set forth in
Section 50052.5 of the Health and Safety Code.
"Affordable Sales Price" means a sales price at which households can
qualify for the purchase of Restricted Units based on Affordable Housing Cost for
the particular Household Type the project is restricted to (e.g., Very Low Income,
Lower Income, or Moderate Income Household), calculated on the basis of
underwriting standards of mortgage financing available for the development.
"Area Median Income" means the median family income of a geographic
area of the state, as published annually by the California Department of Housing
and Community Development pursuant to Health and Safety Code Section
50093.
"Child Care Facility" means a child day care facility other than a family
day care home, including, but not limited to, infant centers, preschools, extended
day care facilities, and school age child care centers.
"Common Interest Development" means a multifamily development
complying with the requirements of subdivision (c) of Section 1351 of the Civil
Code.
"Density Bonus" means, unless a lesser percentage is requested by the
applicant, a minimum increase in the number of dwelling units authorized for a
particular parcel of land of:
(i) at least 5 percent over the otherwise Maximum Residential
Density if the project does not meet the requirements of
subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof
and the project is a Common Interest Development or Planned
Development that meets the requirements of subsection (a)(4)
of Section 17.26.030 hereof. The percentage of Density Bonus
granted shall increase by 1 percent for every 1 percent increase
above 10 percent (the threshold percentage of units required by
Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(ii) at least 20 percent over the otherwise Maximum Residential
Density for projects containing units restricted to occupancy by
Lower Income Households. The percentage of Density Bonus
J
granted shall increase by 1.5 percent for every 1 percent above
10 percent (the threshold percentage of units required by
Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iii) at least 20 percent over the permitted Maximum Residential
Density for projects containing units restricted to occupancy by
Very Low Income Households. The percentage of Density
Bonus granted shall increase by 2.5 percent for every 1 percent
above 5 percent (the threshold percentage of units required by
Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iv) 20 percent over the Maximum Residential Density if the Project
meets the requirements of Subsection (a)(3) of Section
17.26.030 hereof.
For the purpose of calculating a Density Bonus, the residential units do not
have to be based upon individual subdivision maps or parcels. When calculating
the Density Bonus, the applicant requesting the Density Bonus shall elect
whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2),
(a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be
permitted in geographic areas of the Housing Development other than the areas
where the units for the Very Low, Moderate, or Lower Income Households are
located. The amount of Density Bonus to which the applicant is entitled shall
vary according to the amount by which the percentage of affordable housing
units exceeds the percentage established in Section 17.26.030 of this Chapter.
All Density Bonus calculations resulting in fractional numbers shall be rounded
up to the next whole number.
"Density Bonus Aqreement" means a legally binding agreement between a
developer and the City to ensure that the requirements of this Chapter are
satisfied. The agreement, among other things, shall establish the number of
Restricted Units, their size, location, terms and conditions of afford a bility, and
production schedule. See Section 17.26.060 of this Chapter.
"Density Bonus Law" means California Government Code Section 65915
et seq., as amended from time to time.
"Densitv Bonus Units" means those residential units granted pursuant to
the provisions of this Chapter which exceed the otherwise Maximum Residential
Density for the development of the site.
"Development Standard" includes site or construction conditions that apply
to a residential development pursuant to any ordinance, general plan element,
specific plan, municipal code amendment, or other local condition, law, policy,
resolution, or regulation.
"Economically Feasible" means a housing project that can be built with a
reasonable rate of return. The housing developer's financial ability to build the
project shall not be a factor.
"Eliqible Proiect" means a residential development project qualifying for a
Density Bonus within the meaning of this Chapter.
"Household Type" means whether the occupants of the housing units are
members of a Very Low Income, Lower Income, or Moderate Income Household
or are Senior Citizens.
"Housinq Development" means one or more groups of projects consisting
of five or more residential units (excluding Density Bonus Units), including single-
family, multifamily, and mobile homes for sale or rent pursuant to this Chapter
and including a subdivision or Planned Development or Common Interest
Development. Housing Development also includes either (1) a project to
substantially rehabilitate and convert an existing commercial building to
residential use, or (2) the substantial rehabilitation of an existing multifamily
dwelling, as defined in subdivision (d) of Section 65863.4 of the Government
Code, where the result of the rehabilitation would be a net increase in available
residential units.
"Lower I ncome Household" means a household whose gross income is as
established by Health and Safety Code Section 50079.5, as amended from time
to time.
"Maximum Residential Density" means the maximum number of
residential units allowed by the General Plan range specified on the land use
map of the City's General Plan Land Use Element and Zoning Ordinance as of
the date of the project application, excluding the provisions of this Chapter. If the
Housing Development is within a planned development overlay zone, the
Maximum Residential Density shall be determined on the basis of the general
plan and the maximum density of the underlying zone.
"Moderate I ncome Household" means a household whose gross income is
as established by Health and Safety Code Section 50093, as amended from time
to time.
"Planned Development" means a development described in subdivision (k)
of Civil Code Section 1351, as amended from time to time.
"Restricted Unit" means a dwelling unit within a Housing Development
which will be reserved for sale or rent to, and affordable to, Very Low Income,
Lower Income, or Moderate Income Households or Senior Citizens in
accordance with the terms of this Chapter.
"Senior Citizen" means:
(1) Persons at least 62 years of age; or
(2) Persons at least 55 years of age in a Senior Citizen Housing
Development, as defined by state and federal law.
"Senior Citizen Housinq Development" has the meaning set forth in
Sections 51.3 and 51.2 of the California Civil Code, as amended from time to
time.
"Senior Citizen Units" means:
(1) Assisted housing units for Senior Citizens; or
(2) Housing intended for, and solely occupied by, persons at
least 62 years of age; or
(3) Housing consisting of at least 150 units in which 80 percent
of the units have at least one person aged 55 or older and which
provide special facilities and services designed for seniors.
Eligibility for a Density Bonus or other incentive for Senior Citizen
Units must be in conformity with state and federal laws governing
senior housing projects; or
(4) Mobilehome parks that limit residency based on age
requirements for housing for older persons pursuant to Sections
798.76 or 799.5 of the Civil Code, as amended from time to time.
"Very Low Income Household" means a household whose gross income is
as established by Health and Safety Code Section 50105, as amended from time
to time.
Section 17.26.030. Occupancy Standards.
(a) The City shall grant a Density Bonus and at least one Additional
I ncentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide
other incentives or concessions of equivalent financial value based upon the land
cost per dwelling unit, except as provided in Section 17.26.040 below, to a
project applicant of a Housing Development, who applies for and agrees to
provide any of the following:
(1) At least 10 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Lower Income
Households; or
(2) At least 5 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Very Low
Income Households; or
(3) At least 35 units restricted as Senior Citizen Units, unless
prohibited by state and/or federal law; or
(4) At least 10 percent of the units (excluding Density Bonus
Units) in a Common Interest Development or a Planned
Development as Restricted Units restricted to occupancy by
Moderate Income Households.
(b) When an applicant proposes to construct a Housing Development
that conforms to the requirements of subsection (a) above and includes a Child
Care Facility that will be located on the premises of, as part of, or adjacent to, the
Housing Development project, the City shall grant either of the following, except
as provided in Section 17.26.040 below:
(1) an additional Density Bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the Child Care Facility; or
(2) an Additional Incentive that contributes significantly to the
economic feasibility of the construction of the Child Care Facility.
(c) In determining the minimum number of Density Bonus Units to be
granted pursuant to this section, the Maximum Residential Density for the site
shall be multiplied by the appropriate percentage(s) set forth in the definition of
Density Bonus. When calculating the number of permitted Density Bonus Units,
any fractions of units shall be rounded to the next largest integer.
(d) In determining the number of Restricted Units to be provided
pursuant to this section, the Maximum Residential Density for the site shall be
multiplied by 0.05 where Very Low Income Households are targeted or by 0.10
where Moderate or Lower Income Households are targeted. The Density Bonus
Units shall not be included when determining the total number of Restricted Units
in the Housing Development. When calculating the required number of
Restricted Units, any resulting decimal fraction shall be rounded to the next
largest integer.
(e) In cases where a density increase of less than 5 percent (for a
qualifying Common Interest Development or Planned Development) or 20
percent (for Restricted Units targeted to Very Low Income Households and/or
Lower Income Households) is requested, no reduction will be allowed in the
number of Restricted Units required. In cases where a density increase of more
than 35 percent is requested, the requested density increase, if granted, shall be
considered an Additional Incentive, as outlined in Section 17.26.045 hereof.
(f) If a project applicant agrees to construct more than 10 percent of
the total units for Lower Income Households, more than 5 percent of the total
units for Very Low Income Households, or more than 10 percent of the total units
in a Common Interest Development or Planned Development for Moderate
Income Households, such that the calculation of Density Bonus Units would
result in a Density Bonus of more than 35 percent, the project sponsor remains
entitled to only one Density Bonus and an Additional Incentive(s) pursuant to
Sections 17.26.040 and 17.26.045 hereof. Similarly, a project applicant who
agrees to construct Senior Citizen housing with 10 percent or 5 percent of the
units reserved for Lower or Very Low Income Households, respectively, or 10
percent of the total units in a Senior Citizen Common Interest Development for
Moderate Income Households, is only entitled to one Density Bonus and an
Additional Incentive(s). The City may, however, grant Additional Incentives in
addition to those required by Sections 17.26.040 and 17.26.045 hereof to
facilitate the inclusion of more Restricted Units than are required by this Chapter.
(g) If an applicant agrees to construct both 10 percent of the total units
for Lower Income Households and 5 percent of the total units for Very Low
Income Households, or either one or both of the foregoing and 10 percent of the
units in a Common Interest Development or Planned Development for Moderate
Income Households, the developer is entitled to only one Density Bonus and the
Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof,
although the City may, at its discretion, grant more than one Density Bonus or
Additional Incentive to facilitate the inclusion of more Restricted Units than are
required by this Chapter.
(h) The City shall not be required to approve a project solely because a
project complies with Density Bonus requirements. However, a Housing
Development which seeks and qualifies for a Density Bonus and Additional
Incentive(s) cannot be approved without granting the Density Bonus and the
Additional Incentive(s) or an alternative incentive of equivalent financial value
based upon the land cost per dwelling unit.
(i) Nothing in this Chapter limits the City's right to deny an affordable
housing project as provided for in Government Code Section 65589.5, as
amended from time to time.
Section 17.26.035. Donation of Land.
When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City as provided for in this
Section 17.26.035, the applicant shall be entitled to a 15-percent increase above
the otherwise Maximum Residential Density for the entire development. For
each 1 percent increase above the minimum 10 percent land donation described
in subsection (2) below, the Density Bonus shall be increased by 1 percent, up to
a maximum of 35 percent. This increase shall be in addition to any Density
Bonus and/or Additionallncentive(s) to which the applicant is entitled as a result
of its qualification, if any, under Section 17.26.030(a) above, up to a maximum
combined mandated density increase of 35 percent if an applicant seeks both the
increase required pursuant to this Section and Section 17.26.030(a). All density
calculations resulting in fractional units shall be rounded up to the next whole
number. Nothing in this Section shall be construed to enlarge or diminish the
authority of the City to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased density described
in this Section if all of the following conditions are met:
(1) The applicant donates and transfers the land no later than the date
of approval of the final subdivision map, parcel map, or residential
development application.
(2) The developable acreage and zoning classification of the land
being transferred to the City are sufficient to permit construction of
Restricted Units affordable to Very Low Income Households in an amount
not less than 10 percent of the number of residential units of the proposed
development.
(3) The transferred land is at least one acre in size or of sufficient size
to permit development of at least 40 units, has the appropriate general
plan designation, is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and
infrastructure. The land shall have appropriate zoning and development
standards to make the development of the affordable units feasible. No
later than the date of approval of the final subdivision map, parcel map, or
of the residential development, the transferred land shall have all of the
permits and approvals, other than building permits, necessary for the
development of the Very Low Income housing units on the transferred
land, except that the City may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of
Health and Safety Code Section 65583.2, as amended from time to time, if
the design is not reviewed by the City prior to the time of transfer.
(4) The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent with
Section 17.26.050, which shall be recorded on the property at the time of
dedication.
(5) The land is transferred to the City or to a housing developer
approved by the City. The City may require the applicant to identify and
transfer the land to another developer.
(6) The transferred land shall be within the boundary of the proposed
development or, if the City agrees, within one-quarter mile of the boundary
of the proposed development.
Section 17.26.040. Grant or Denial of Additional Incentives
(a) The City shall provide a Density Bonus and the following number of
Additional Incentives for qualified Housing Developments, upon the written
request of the developer. The developer shall receive the following number of
Additional Incentives:
(1) One Additional Incentive for projects that include at least 10
percent of the total units for Lower Income Households, at least 5
percent for Very Low Income Households, or at least 10 percent for
persons and families of moderate income in a Common Interest
Development or Planned Development.
(2) Two Additional Incentives for projects that include at least 20
percent of the total units for Lower Income Households, at least 10
percent for Very Low Income Households, or at least 20 percent for
Moderate Income Households in a Common Interest Development
or Planned Development.
(3) Three Additional Incentives for projects that include at least
30 percent of the total units for Lower Income Households, at least
15 percent for Very Low Income Households, or at least 30 percent
for Moderate Income Households in a Common Interest
Development or Planned Development.
(b) The City shall grant the Additional Incentive(s) unless the City
makes a written finding, based on substantial evidence, of either of the following:
(1) The Additional Incentive is not required in order to provide
for Affordable Housing Costs, or for rents for the Restricted Units to
be set as specified in Section 17.26.050 hereof.
(2) The Additional Incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon the public health and
safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources, and there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to
Very Low, Lower, and Moderate Income Households.
(c) The City may offer an equivalent financial incentive in lieu of
granting a Density Bonus and the Additional Incentive(s). The value of the
equivalent financial incentive shall equal at least the land cost per dwelling unit
savings that would result from (i) the Density Bonus and the Additional
Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required
by this Chapter, where an Additional Incentive is not requested or is determined
unnecessary. Any equivalent financial incentive must contribute significantly to
the economic feasibility of providing the Restricted Units pursuant to this
Chapter.
(d) Notwithstanding any requirement of this Chapter, the City shall not
be required to provide a Density Bonus or Additionallncentive(s) for a Child Care
Facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
Section 17.26.045. Additional Incentives.
(a) Additional Incentives may include, but are not limited to, any of the
following:
(1) A reduction in site development standards or a modification
of zoning code requirements or architectural design requirements
that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, including, but not limited to, a reduction in setback
and square footage requirements and in the ratio of vehicular
parking spaces that would otherwise be required.
(2) Approval of mixed use zoning in conjunction with the
housing project if commercial, office, industrial, or other land uses
will reduce the cost of the Housing Development and if the
commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development in
the area where the proposed housing project will be located.
(3) Other regulatory concessions proposed by the project
sponsor or the City, which result in identifiable cost reductions.
Permissible concessions include, but are not limited to:
i. Reduction of park land dedication fees;
ii. Provision of tax-exempt financing or other financial
assistance as approved by the City Councilor
Redevelopment Agency; and
iii. Reduction or elimination of child care fees.
iv. Expedited processing of applicant's use application
and building permits.
(4) A Density Bonus of more than 35 percent, but not greater
than 50 percent.
(5) Direct financial aid (e.g., redevelopment set-aside,
community development block grant funding) in the form of a loan
or a grant to subsidize or provide low interest financing for on- or
off-site improvements, land, or construction costs.
(b) An applicant may submit to the City a proposal for the specific
Additional Incentive(s) it is requesting, and/or for a waiver or reduction of zoning
or development standards (hereinafter "Waiver or Modification"), and may
request a meeting with the City. The City shall grant such a meeting to the
applicant.
(c) Applicants seeking a Waiver or Modification that would otherwise
inhibit the utilization of a Density Bonus on a particular site shall comply with
procedures set forth herein below in Section 17.26.070(g) of this Chapter.
Applicant shall not be required to seek a general plan amendment, zoning
change, or other discretionary approval when requesting a Waiver or Modification
in accordance with this Chapter.
(d) The City may offer an equivalent financial incentive in lieu of
granting a Density Bonus and any Additional Incentive(s) in accordance with
Section 17.26.040(c) hereof.
Section 17.26.050. Affordability Standards.
(a) For units restricted to occupancy by Very Low and Lower Income
Households that qualified the applicant for the award of the Density Bonus, an
applicant shall agree to, and the City shall require, continued affordability of the
Restricted Units for 30 years or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Those units targeted for Lower and Very
Low I ncome Households shall be affordable at a rent as defined in Section 50053
of the Health and Safety Code, as amended from time to time.
(b) An applicant shall agree to, and the City shall require, that the initial
occupants of Restricted Units that are directly related to the receipt of a Density
Bonus in a Common Interest Development or in a Planned Development qualify
as Moderate Income Household(s). Upon resale, the seller of the unit shall retain
the value of any improvements, the down payment, and the seller's proportionate
share of appreciation. The seller shall pay to the City both the initial subsidy
received by the seller from the City and the City's proportionate share of
appreciation. The City's proportionate share of the appreciation shall then be
used within three years for any of the purposes described in subdivision (e) of
Section 33334.2 of the Health and Safety Code to promote homeownership. For
purposes of this subdivision, the City's proportionate share of appreciation shall
be the ratio of the initial subsidy to the fair market value of the home at the time
of the initial sale. The local government's initial subsidy shall be equal to the fair
market value of the home at the time of initial sale minus the initial sale price to
moderate income household, plus the amount of any down payment assistance
or mortgage assistance. If upon resale the market value is lower than the initial
market value, then the value at the time of the resale shall be used as the initial
market value.
(c) A Density Bonus Agreement between the project applicant and the
City shall be made a condition of the discretionary planning permits for all
Housing Developments seeking a Density Bonus pursuant to this Chapter. The
Density Bonus Agreement shall be recorded as a restriction on the parcel or
parcels on which the Restricted Units will be constructed prior to the
commencement of the construction. The Density Bonus Agreement shall be
consistent with Section 17.26.060 hereof and include any other applicable
requirements set forth elsewhere in this Chapter.
(d) Restricted Units in a project and phases of a project shall be
constructed concurrently with or prior to the construction of market-rate units
unless both the City and the project applicant agree within the Density Bonus
Agreement to an alternative schedule for development.
(e) Restricted Units shall be provided as follows:
(1) When practical, Restricted Units shall be dispersed
throughout the project;
(2) Restricted Units shall be built on-site;
(3) Restricted Units shall be identical with the design of any
market rate rental units in the project with the following exception:
Reduction of interior amenities for Restricted Units will be permitted
upon prior approval by the City as necessary to retain project
affordability.
(4) Where feasible, the number of bedrooms of the Restricted
Units shall be equivalent to the bedroom mix of the nonrestricted
units of the Housing Development, except that the developer may
include a higher proportion of Restricted Units with more bedrooms.
(f) Housing Developments shall comply with all applicable
development standards, except as provided by this Chapter.
(g) The project applicant shall submit a detailed project financial report
(pro forma) in such form as required by the City, which demonstrates the
financial need for the Additional Incentives requested. The City may retain a
consultant to review the financial report. The cost of the consultant shall be
borne by the developer with the following exception: If the applicant is a nonprofit
organization, the cost of the consultant may be paid by the City upon prior
approval of the City Council.
(h) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then, as a condition of the approval of the
Housing Development, the applicant shall agree to cause the Child Care Facility
to (a) remain in operation for a period of time that is as long as or longer than the
period of time during which the Restricted Units are required to remain restricted
and affordable to Very Low, Lower and/or Moderate Income Households, as
applicable, in accordance with this Chapter; and (b) include in its attendance a
percentage of children from Very Low, Lower and/or Moderate Income
Households, as applicable, proportionate to or greater than the percentage of
Restricted Units in the project restricted to such Very Low, Lower and/or
Moderate Income Households, as applicable, required by this Chapter.
(i) Upon the request of the developer, the City shall not require a
vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subsection (a) of Section 17.26.030 hereof,
that exceeds the following ratios:
(1) Zero to one bedrooms: one onsite parking space.
(2) Two to three bedrooms: two onsite parking spaces.
(3) Four and more bedrooms: two and one-half onsite parking
spaces.
If the total number of parking spaces required for a development is other
than a whole number, the number shall be rounded up to the next whole number.
For purposes of this Section, a development may provide "onsite parking"
through tandem parking or uncovered parking, but not through on-street parking.
This Section shall apply to a development that meets the requirements of
subsection (a) of Section 17.26.030 hereof but only at the request of the
applicant. An applicant may request additional parking incentives or concessions
beyond those provided in this section, subject to Sections 17.26.035 and
17.26.045 hereof.
Section 17.26.060. Density Bonus Agreement Requirements.
(a) All Restricted Units shall be occupied by the Household Type
specified in the written Density Bonus Agreement required under this section.
The required Density Bonus Agreement shall be recorded as a deed restriction
running with the land. The approval and recordation of the deed restriction shall
take place prior to final map approval or, where a map is not being processed,
prior to issuance of building permits for such parcels or units. The Density Bonus
Agreement shall be binding on the current owner and all future owners and
successors in interest thereof.
(b) The Density Bonus Agreement shall include at least the following:
(1) The total number of units approved for the Housing
Development, including the number of Restricted Units;
(2) A description of the Household Type to be accommodated
by the Restricted Units, as outlined in Section 17.26.030 of this
Chapter, and the standards for determining the corresponding
Affordable Rent or Affordable Sales Price at an Affordable Housing
Cost;
(3) The location, unit sizes (square feet), and number of
bedrooms of Restricted Units;
(4) Tenure of use restrictions for Restricted Units of at least 30
years or the requirement of an equity share upon sale of the unit, in
accordance with Section 17.26.050 of this Chapter;
(5) A schedule for completion and occupancy of the Housing,
Development, including the Restricted Units;
(6) A description of the Additionallncentive(s) being provided by
the City;
(7) A description of remedies for breach of the agreement by
either party;
(8) If applicable, the provisions required by Section 65916 of the
Government Code, as amended from time to time; and
(9) Other provisions to ensure implementation and compliance
with this Chapter.
(c) In the case of for-sale Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the initial sale and
use of Restricted Units:
(1) Restricted Units shall, upon initial sale, be sold to eligible
Very Low, Lower, or Moderate Income Households at an Affordable
Sales Price and Affordable Housing Cost, or to Senior Citizens (Le.,
maintained as Senior Citizen housing) as defined by this Chapter;
(2) Restricted Units shall be initially owner-occupied by eligible
Very Low, Lower, or Moderate Income Households, or by Senior
Citizens in the case of Senior Citizen housing; and
(3) The initial purchaser of each Restricted Unit shall execute an
instrument or agreement approved by the City agreeing to pay the
City its proportionate share of appreciation upon the sale of the
Restricted Unit in accordance with Section 17.26.050(b) of this
Chapter. Such instrument or agreement shall be recorded against
the parcel containing the Restricted Unit and shall contain such
provisions as the City may require to ensure continued compliance
with this Chapter and the State Density Bonus Law.
(d) In the case of rental Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the use of
Restricted Units during the use restriction period:
(1) The requirements and procedures for qualifying tenants,
establishing Affordable Rent, filling vacancies, and maintaining
Restricted Units for qualified tenants;
(2) Provisions requiring owners to verify tenant incomes and
maintain financial books and records to demonstrate compliance
with this Chapter;
(3) Provisions requiring owners to submit an annual report to the
City, which includes the name, address, and income of each person
occupying any Restricted Unit, and which identifies the bedroom
size and monthly rent or cost of each Restricted Unit; and
(4) Property management and maintenance guarantees.
(e) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then the Density Bonus Housing Agreement
shall include provisions which require continued compliance with the
requirements of Subsection (g) of Section 17.26.050 above.
(f) The City may establish fees associated with establishing and
monitoring of Restricted Units.
Section 17.26.070. Application Procedure.
(a) A project applicant may submit to the Community Development
Department a preliminary application for the development of housing pursuant to
this Chapter prior to the submittal of any formal application. The City shall, within
90 days of receipt of the preliminary application, notify the project applicant in
writing of its procedures for granting a Density Bonus and/or Additional
Incentives if such benefits are requested. The project applicant may also submit
a preliminary application for a Waiver or Modification pursuant to this Chapter.
The City's procedures for Waiver and Modification are set forth below in
subdivision (g) of this Section.
(b) Applicants are encouraged to schedule a pre-application
conference with the Director of Community Development or designated staff to
discuss and identify potential application issues, including prospective Additional
Incentive(s). No charge will be required for the pre-application conference.
(c) A preliminary application shall include the following information:
(1) A brief description of the proposed Housing Development,
including the total number of units, Restricted Units, and Density
Bonus Units proposed.
(2) The zoning and general plan designations and assessors
parcel number(s) of the project site.
(3) A vicinity map and preliminary site plan, drawn to scale,
including building footprints, driveway, and parking layout.
(4) If an Additional Incentive is requested, the application should
describe why the Additional Incentive is necessary to provide the
Restricted Units.
(5) Other information as may be required by the Planning and
Community Development Departments.
(d) Within 90 days of receipt of the preliminary application the City shall
provide to an applicant, a letter which identifies project issues of concern, the
maximum financial assistance that the Director of Community Development can
provide when making a recommendation to the City Council, and the procedures
for compliance with this Chapter.
(e) The Director of Community Development shall inform the
applicant/developer that the requested Additional lncentive(s) shall be
recommended for consideration with the proposed Housing Development, or that
alternative or modified Additional Incentive(s) pursuant to this Chapter shall be
recommended for consideration in lieu of the requested Additionallncentive(s). If
alternative or modified Additional Incentive(s) are recommended by the Director
of Community Development, the recommendation shall establish how the
alternative or Additional Incentive(s) can be expected to have an equivalent
affordability effect as the requested Additionallncentive(s).
(f) An application pursuant to this Chapter shall be processed
concurrently with any other application(s) required for the Housing Development.
The decision-making body authorized to approve the discretionary permit for the
underlying project shall also be the decision-making body for the Density Bonus
application. If the underlying project is a use by right (Le., does not require any
discretionary permit), the decision-making body for the Density Bonus application
shall be the Director of Community Development and the review process shall
follow the process set forth for the Director of Community Development's permits
established by the City. An application for a Density Bonus shall provide
additional information as specified in this Chapter, specifically:
(1) A written statement specifying the information set forth in
subsection (a) above;
(2) A project financial report (pro forma);
(3) If a Waiver or Modification is requested, the application
should describe why deviation from the established development or
zoning standards is necessary to provide the Restricted Units, in
accordance with this Chapter; and
(4) Any other information requested by the Director of
Community Development.
(g) An applicant requesting Waiver or Modification must follow the
following procedures:
(1) File an application with the Director of Community
Development seeking a Waiver or Modification. The application
shall demonstrate that such deviations are necessary to make the
Housing Development Economically Feasible in accordance with
Government Code Section 65915(f), as amended from time to time.
(2) The Director of Community Development or his/her designee
shall review the application seeking a Waiver or Modification. After
reviewing the application, the Director of Community Development
shall set the matter for a public hearing before the Planning
Commission at which hearing evidence shall be taken.
(3) Written notice of the hearing shall be mailed, at least twenty-
four (24) days before the date of the hearing. The notice shall be
delivered to the applicant and property owners and occupants of
property within five hundred feet (500') of the property that is
subject to the request.
(4) The Director of Community Development shall prepare a
report to the Planning Commission with conclusions and
recommendations relating to the request for a Waiver or
Modification.
(5) The Planning Commission shall make a determination
supported by substantial evidence on the application for Waiver or
Modification. The Planning Commission's decision shall be
supported by written findings.
(6) An application for Waiver or Modification may be denied only
on the grounds set forth in subdivision (d)(2) of Government Code
Section 65915, as amended from time to time.
(7) The Planning Commission shall provide the applicant with
Notice of Determination within fifteen (15) calendar days of the date
the decision is made.
(8) The Planning Commission decision is final unless appealed
to the City Council within fifteen (15) calendar days of the date of
the mailing of the Notice of Determination.
SECTION 2. SEVERABILITY
If any provision, clause, sentence, or paragraph of this Ordinance or the
application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
SECTION 3. NOTICE OF ADOPTION
The City Clerk shall certify as to adoption of the Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its
passage. The City Clerk shall certify as to adoption of the Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, UPON FIRST READING this _ day of
the following roll call vote:
,2008, by
A YES:COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED this _ day of
2008, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Daryl Hickman, Mayor
City of Lake Elsinore
ATTEST:
Vivian Munson, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
CITY OF ~
LA~E ,GLsiNORJ:
~ DREAM EXTREME
INITIAL STUDY /
NEGATIVE DECLARATION NO. 2008-02
for
Zoning Ordinance Text Amendment No. 2008-02
Prepared By:
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 92530
March 2008
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
INITIAL STUDY
Introduction
This Initial Study has been prepared in accordance with relevant provisions of the California
Environmental Quality Act (Cal. Pub. Res. Code SS 21000, et seq.: "CEQA") and the State
Guidelines for Implementation of CEQA (14 Cal. Code Regs SS 15000 et seq.: "CEQA
Guidelines"). According to Section 15063(c) of the CEQA Guidelines, the purposes of an
Initial Study are to:
1. Provide the Lead Agency (Le., the City of Lake Elsinore) with information to use as the
basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative
Declaration; and to
2. Enable an applicant or Lead Agency to modify a project to mitigate adverse impacts before
an EIR is prepared, thereby enabling the project to quality for a Negative Declaration or
Mitigated Negative Declaration; and to
3. Assist in the preparation of an EIR, if one is required; and to
4. Facilitate environmental assessment early in the design of a project; and to
5. Provide documentation of the factual basis for the findings in a Negative Declaration or
Mitigated Negative Declaration that a project will not have a significant effect on the
environment; and to
6. Eliminate unnecessary EIRs; and to
7. Determine whether a previously prepared EIR could be used with the project.
REPORT TO PLANNING COMMISSION
APRIL 1,2008
TEXT AMENDMENT NO. 2008-02
INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
Zoning Ordinance Text Amendment No. 2008-02
2. Lead Aaency Name and Address:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
3. Contact Person and Phone Number:
Wendy Worthey, Environmental Planner
(951) 674-3124, ext. 288
4. Project Location:
Citywide
5. Project Applicant Name and Address:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
6. General Plan Desianation{s}:
Includes all General Plan designations in which single-family, multifamily, and mixed-use
development is permitted.
7. Zonina:
All zoning districts in which single-family, multifamily, and mixed-use development is
permitted.
8. Description of Project:
California State Government Code Section 65915 mandates local governments to
implement a program that provides density bonuses, incentives and concessions,
waivers, and uniform parking standards for development projects that meet certain
requirements concerning the inclusion of very low, low, or moderate income, or senior
housing units. The proposed Text Amendment will add Chapter 17.26 (Density Bonuses)
to the Lake Elsinore Municipal Code establishing guidelines for implementation of the
State Density Bonus Law.
The Density Bonus Ordinance provides for the following:
. Density bonuses and from 1 to 3 incentives or concessions related to
development standards for: (1) projects of 5 or more units that include at
least 10 percent of the units for lower income households or 5 percent of !Qe
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
units for very low income households, (2) projects that include 10 percent of
the units for moderate income households in a condominium project or
planned development and (3) senior housing developments. The percentage
of units to be added as a density bonus, from 5 to 35 percent, depends on
the income level to which the units are affordable and the percentage of units
that are affordable. The program also grants a density bonus of 20% to
senior developments of 35 or more restricted units.
· A procedure for granting or denying requests for concessions or incentives.
A process for waiving or modifying development standards that would
otherwise preclude such projects. Under this program, certain findings may
be made for denial of a request for concessions or incentives.
· The program establishes a bonus and entitles the project to an additional
concession or incentive for providing a child care facility that meets certain
requirements. It also establishes a density bonus for applicants seeking a
subdivision approval, if suitable land is donated for affordable housing.
· Finally, the parking requirements establish onsite parking ratios for all units
in development projects that include the percentages of units necessary for a
density bonus or concessions: one space for zero to one bedroom; two
spaces for two or three bedrooms; two and one half spaces for four or more
bedrooms. The ratios are inclusive of handicapped and guest parking.
9. Surroundina Land Uses and Settina:
Varies by location.
10. Other aaencies whose approval is reauired (e.a., permits. financina approval. or
participatina aareementl:
None.
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" or as indicated by the
checklist on the following pages.
D Aesthetics
D Biological Resources
D Hazards&Hazardous
Materials
D Mineral Resources
D Public Services
D Utilities/Service Systems
D Agricultural Resources
D Cultural Resources
D Air Quality
D Geology/Soils
D Land Use/Planning
D Hydrology/Water Quality
D Noise D
Population/Housing
D Recreation DTraffic
D Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
~ I find the proposed project COULD NOT have a significant effect on the
environment and a NEGATIVE DECLARATION will be prepared.
D I find that although the project could have a significant effect on the environment
there will not be a significant effect in this case because revisions in the project
have been made or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
D I find that the proposed project MAY have a significant effect on the environment
and an ENVIRONMENTAL IMPACT REPORT is required.
D I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
D I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
imposed upon the proposed project, nothing further is required.
~~
March 5, 2008
Date
Principal Environmental Planner
Signature
Wendy Worthey
Print Name
Title
ENVIRONMENTAL IMPACT EVALUATION CHECKLIST
1. A "No Impact" answer is adequately supported if the referenced information sources show
that the impact simply does not apply to projects like the one involved (e.g., the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based
on project-specific factors as well as general standards (e.g., the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as well
as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from "Earlier Analyses," cited in support of conclusions reached in
other sections may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used-Identify and state where they are available for review.
b. Impacts Adequately Addressed-Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document
pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation measures based on the earlier analysis.
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO" 2008-02
c. Mitigation Measures-For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8. The explanation of each issue should identify: a) The significance criteria or threshold, if
any, used to evaluate each question; and b) The mitigation measure identified, if any, to
reduce the impact to less than significance.
A" AESTHETICS
Would the project:
Potentially
Significant
Impact
1. Have a substantial adverse effect on a
scenic vista? D
2. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within D
a state scenic highway?)
3. Substantially degrade the existing visual
character or quality of the site and its D
surroundings?)
4. Create a source of substantial light or
glare, which would adversely affect day or D
nighttime views in the area?
Less Than
Significant
With
Mitigation
Less than
Significant No Impact
Impact
D
D
~
D
D
~
D
D
~
D
D
~
B" AGRICULTURAL RESOURCES*
" Less Than
Potentially S" "f" t Less than N
S" "fi t Igm Ican S" "fi t 0
Igm Ican With Igm Ican Impact
Impact M"t" t" Impact
Ilga Ion
Would the project:
" Less Than
Potentially "" Less than
SI"gnl"fl"cant Slgmficant S" "f" t No
With Igm Ican Impact
Impact M"t" t" Impact
Ilga Ion
Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the FarmlandO
Mapping and Monitoring Program of the
California Resources Agency, to
nonagricultural use?
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO" 2008-02
B" AGRICULTURAL RESOURCES.
Would the project:
5.
o
o
lZJ
6. Conflict with existing zoning for
agricultural use, or a Williamson ActO 0 0 lZJ
contract?
7. Involve other changes in the existing
environment, which, due to their locationO 0 0 lZJ
or nature, could result in conversion of
Farmland, to nonagricultural use?
· In determining whether impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Department of Conservation as an
optional model to use in assessing impacts on agricultural and farmland.
C" AIR QUALITY.
" Less Than
Potentially S" "fi t Less than N
S" "f" t Igm Ican S" "fi t 0
Igm Ican With Igm Ican Impact
Impact M"t" t" Impact
Ilga Ion
Would the project:
8. Conflict with or obstruct implementation ofO
the applicable air quality plan?
9. Violate any air quality standard or
contribute substantially to an existing orO
projected air quality violation?
10. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient airO
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
11. Expose sensitive receptors to substantialO
pollutant concentrations?)
o
o
lZJ
o
o
lZJ
o
o
lZJ
o
o
lZJ
REPORT TO PLANNING COMMISSION
APRil 1, 2008
TEXT AMENDMENT NO" 2008-02
C" AIR QUALITY.
" Less Than
Potentially S" "f" t Less than N
S" "fi t Igm Ican S" "fi t 0
Igm Ican With Igm Ican Impact
Impact Mitigation Impact
Would the project:
12. Create objectionable odors affecting aD D D ~
substantial number of people?)
* Where available, the significant criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations.
D" BIOLOGICAL RESOURCES
Potentially
Significant
Would the project: Impact
Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species inD
local or regional plans, policies, or
regulations, or by the California
Department of Fish and Game or U.S.
Fish and Wildlife Service?
14. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regionalD
plans, policies, regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
15. Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh,D
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
16. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established nativeD
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
13.
Less Than
S" "f" t Less than
I m Ican "..
W~h Slgmflcant No Impact
M"t" t" Impact
Ilga Ion
D
D
~
D
D
~
D
D
~
D
D
~
REPORT TO PLANNING COMMISSION
APRil 1, 2008
TEXT AMENDMENT NO. 2008-02
D. BIOLOGICAL RESOURCES
Potentially
Significant
Impact
Would the project:
17. Conflict with any local policies or
ordinances protecting biologicalo
resources, such as a tree preservation
policy or ordinance?
18. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or otherO
approved local, regional, or state habitat
conservation plan?
Less Than
Si nificant L?ss. than
W~h Slgmficant No Impact
Mitigation Impact
o
o
o
[8J
o
[8J
E. CULTURAL RESOURCES
Potentially
Significant
Impact
19. Cause a substantial adverse change in
the significance of a historical resource asO
defined in Section15064.5?
Cause a substantial adverse change in
the significance of an archaeologicalO
resource pursuant to Section15064.5?
Directly or indirectly destroy a unique
paleontological resource or site or uniqueO
geological feature?
Disturb any human remains, including
those interred outside of formalO
cemeteries?
Would the project:
20.
21.
22.
Less Than
Significant
With
Mitigation
o
o
o
o
Less than N
Significant lOt
mpac
Impact
o [8J
o [8J
o [8J
o [8J
F. GEOLOGY AND SOilS
23.
Potentially
Significant
Would the project: Impact
Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
Less Than
Significant
With
Mitigation
Less than No
Significant Impac
Impact t
REPORT TO PLANNING COMMISSION
APRIL 1, 2008
TEXT AMENDMENT NO. 2008-02
F. GEOLOGY AND SOILS
24.
Potentially
Significant
Impact
a. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for theD
area or based on other substantial
evidence of known fault? Refer to
Division of Mines and Geology Special
Pub. 42.
b. Strong seismic ground shaking? D
c. Seismic-related ground failure, includingD
liquefaction?
d. Landslides? D
Result in substantial soil erosion, or theD
loss of topsoil?
Be located on a geologic unit or soil that is
unstable, or that would become unstable
as a result of the project, and potentiallYD
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse
Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to
life or property?
Would the project:
25.
26.
D
27. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systemD
where sewers are not available for the
disposal of waste water?
Less Than
Significant
With
Mitigation
D
D
D
D
D
D
D
D
Less than No
Significant Impac
Impact t
D ~
D ~
D ~
D ~
D ~
D ~
D
~
D
~
G. HAZARDS AND
MATERIALS
Would the project:
HAZARDOUS
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than N
Significant lOt
mpac
Impact
G. HAZARDS AND
MATERIALS
HAZARDOUS
Potentially
Significant
Impact
Would the project:
28. Create a significant hazard to the public
or the environment through the routineo
transport, use or disposal of hazardous
materials?
29. Create a significant hazard to the public
or the environment through reasonably
foreseeable up-set and accidento
conditions involving the release of
hazardous materials into the
environment?
30. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within 0
one-quarter mile of an existing or
proposed school?
31. Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government CodeO
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
32. For a project located within an airport land
use plan or, where such a plan has not
been adopted, within two miles of a publicO
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
33. For a project within the vicinity of a private
airstrip, would the project result in a safetyo
hazard for people residing or working in
the project area?
34. Impair implementation of or physically
interfere with an adopted emergencyo
response plan or emergency evacuation
plan?
35. Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including whereO
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
Less Than
Significant
With
Mitigation
o
o
o
o
o
o
o
o
Lessthan N
Significant lOt
mpac
Impact
o
~
o
~
o
~
o
~
o
~
D
~
o
~
o
~
H" HYDROLOGY AND WATER QUALITY
P te t" II Less Than
o n la y S" "fi t
Significant ~~~I Ican
Impact M"t" t"
Ilga Ion
Would the project:
36. Violate any water quality standards orD
waste discharge requirements?
37. Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or a
lowering of the local groundwater tableD
level (e.g., the production rate of
preexisting nearby wells would drop to a
level which would not support existing land
uses or planned uses for which permits
have been granted)?
38. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or D
amount of surface runoff in a manner which
would result in substantial erosion or
siltation on- or off-site?
39. Create or contribute runoff water, which
would exceed the capacity of existing or
planned storm water drainage systems orD
provide substantial additional sources of
polluted runoff?
40. Otherwise substantially degrade waterD
quality?
41. Place housing within a 100-year flood
hazard area as mapped on a federal FloodD
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
42. Place within a 100-year flood hazard area
structures which would impede or redirectD
flood flows?
43. Expose people or structures to a significant
risk of loss, injury or death involvingD
flooding, including flooding as a result of
the failure of a levee or dam?
44. Inundation by seiche, tsunami, or mudflow? D
D
D
D
D
D
D
D
D
D
Less than N
Significant lOt
Impact mpac
D
~
D
~
D
~
D
~
D
~
D
~
D
~
D
~
D
~
()
I" LAND USE AND PLANNING
" Less Than
Potentially S" "f" t Less than
S" "fi t Igm Ican S" "f" t
Igm Ican With Igm Ican
Impact M"t" t" Impact
Ilga Ion
Would the project:
45. Physically
community?
46. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specificO
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
47. Conflict with any applicable habitat
conservation plan or natural communityO
conservation plan?
divide
an
establishedO
No Impact
o
o
~
o
~
o
o
o
~
J" MINERAL RESOURCES
Potentially
Significant
Would the project: Impact
48. Result in the loss of availability of a known
mineral resource that would be of value toO
the region and the residents of the state?
49. Result in the loss of availability of a locally
important mineral resource recovery siteo
delineated on a local general plan, specific
plan or other land use plan?
Less Than
Significant
With
Mitigation
Less than N
Significant I:pact
Impact
o
o ~
o
o ~
K" NOISE " Less Than
Potentially S" "f" t Less than N
S" "f" t Igm Ican S" "fi t 0
Igm Ican With Igm Ican Impact
Would the project result in: Impact Impact
Mitigation
50. Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan orO 0 0 ~
noise ordinance, or applicable standards of
other agencies?
K" NOISE
Would the project result in:
" Less Than
Potentially S" "f" t Less than
S" "f" t 19m Ican S" "f" t
19m Ican With 19m Ican
Impact M"t" t" Impact
Ilga Ion
of
orD
No
Impact
51. Exposure of persons to or generation
excessive ground-borne vibration
ground-borne noise levels?
52. A substantial permanent increase in
ambient noise levels in the project vicinityD
above levels existing without the project?
53.A substantial temporary or periodic
increase in ambient noise levels in theD
project vicinity above levels without the
project?
54. For a project located within an airport land
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would theD
project expose people residing or working
in the project area to excessive noise
levels?
55. For a project located within the vicinity of a
private airstrip, would the project exposeD
people residing or working in the project
area to excessive noise levels?
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
L. POPULATION AND HOUSING " Less Than
Potentially S" T t Less than No
Significant WI~~I Ican Significant Impac
Would the proiect: I t 1m t t
J mpac M"t" t" pac
119a Ion
56. Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) orD D ~ D
indirectly (for example, through an
extension of roads or other infra-structure)?
57. Displace substantial numbers of existing
housing, necessitating the construction ofD D D ~
replacement housing elsewhere?
58. Displace substantial numbers of people,
necessitating the construction ofD D D ~
replacement housing elsewhere?
M" PUBLIC SERVICES*
" Less Than
Potentially S" "fi t Less than
S" "f" t Igm Ican S"
Would the project result in substantial Igm Ican With Ignificant No Impact
adverse physical impacts to the following: Impact Mitigation Impact
59. Fire protection? 0 0 IZI 0
60. Police protection? 0 0 IZI 0
61. Schools? 0 0 IZI 0
62. Parks? 0 0 IZI 0
63. Other public facilities? 0 0 0 IZI
* Include potential effects associated with the provision of new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for any of the public services.
N"
RECREATION
" Less Than
Potentially S" "f" t Less than N
S" "fi t Igm Ican S" "fi t 0
Igm Ican With Igm Ican Impact
Impact M"t" t" Impact
Ilga Ion
64. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such thatD
substantial physical deterioration of the
facility would occur or be accelerated?
65. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, whichD
might have an adverse physical effect on
the environment?
o
IZI
o
o
IZI
o
0" TRANSPORT ATIONITRAFFIC
Less Than
Significant
With
Mitigation
Less than No
Significant Impact
Impact
Potentially
Significant
Would the project: Impact
66. Cause an increase in traffic, which is
substantial in relation to the existing traffic
load and capacity of the street system (Le.,
result in a substantial increase in either theD
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections )?
o
IZI 0
O. TRANSPORT ATIONITRAFFIC
Potentially
Significant
Impact
67. Exceed, either individually or cumulatively,
a level of service standard established bYD
the County congestion management
agency for designated roads or highways?
68. Result in a change in traffic patterns,
including either an increase in traffic levelsD
or a change in location that results in
substantial safety risks?
69. Substantially increase hazards due to a
design feature (e.g., sharp curves orD
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
70. Result in inadequate emergency access? D
71. Result in inadequate parking capacity? D
72. Conflict with adopted policies, plans or
programs supporting alternativeD
transportation (e.g., bus turnouts, bicycle
racks )?
Would the project:
Less Than
Significant
With
Mitigation
D
D
D
D
D
D
Less than No
Significant
Impact Impact
~ D
~ D
~ D
~ D
~ D
~ D
P. UTILITIES AND SERVICE SYSTEMS
Potentially
Significant
Impact
Would the project:
73. Exceed wastewater treatment requirements
of the applicable Regional Water QualityD
Control Board?
74. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, theD
construction of which could cause
significant environmental effects?
75. Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of 0
which could cause significant
environmental effects?
76. Have sufficient water supplies available to
serve the project from existing entitlementsD
and resources, or are new or expanded
entitlements needed?
Less Than
Significant
With
Mitigation
D
o
D
o
Less than N
Significant lOt
mpac
Impact
D ~
o ~
D ~
D ~
p, UTILITIES AND SERVICE SYSTEMS
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than N
Significant lOt
Impact mpac
Would the project:
77. Result in a determination by the wastewater
treatment provider, which serves or may
serve the project that it has adequateo
capacity to serve the project's projected
demand in addition to the provider's
existing commitments?
78. Be served by a landfill with sufficient
permitted capacity to accommodate theO
project's solid waste disposal needs?
79. Comply with federal, state, and local
statutes and regulations related to solidO
waste?
o
o ~
o
o ~
o
o ~
Q, MANDATORY
SIGNIFICANCE
FINDINGS
OF ' Less Than
Potentially S' 'f' t Less than N
S' 'f' t Igm Ican S' 'f' t 0
Igm Ican With Igm Ican Impact
Impact M't' t' Impact
Ilga Ion
80. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant orO
animal community, reduce the number or
restrict the range of rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
81. Does the project have impacts that are
individually limited, but cumulatively
considerable ("Cumulatively considerable"
means that the incremental effects of aO
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
82. Does the project have environmental
effects, which will cause substantialO
adverse effects on human beings, either
directly or indirectly?
o
o
~
o
~
o
o
~
o
-End of Environmental Impact Evaluation Checklist -
ENVIRONMENTAL IMPACT EVALUATION DISCUSSION
The following is a discussion of the potential impacts associated with the approval of the
proposed project, as identified in the above Environmental Impact Evaluation Checklist.
Explanations are provided for each item below.
A. AESTHETICS. Would the project:
1) Have a substantial adverse effect on a scenic vista?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Additionally, all development projects that request a density bonus, incentive or
concession pursuant to the Density Bonus Ordinance will be reviewed pursuant to the
City's design review process. The design review process involves an additional layer of
review for aesthetics, and provides an opportunity to incorporate additional conditions
to increase the aesthetic value of the project.
Adoption of the Density Bonus Ordinance will not have a substantial adverse effect on
a scenic vista.
Mitigation Measures: None.
2) Substantially damaae scenic resources. in cludina. but not limited to. trees. rock
outcroooinas. and historic buildinas within a state scenic hiahwav?
No Impact: See A-1 above. Adoption of the Density Bonus Ordinance will not
substantially damage scenic resources.
Mitigation Measures: None.
3) Substantially dearade the existina visual character or auality of the site and its
surroundinas?
No Impact: See A-1 above. Adoption of the Density Bonus Ordinance will not
substantially degrade the existing visual character or quality of the site and its
surroundings.
Mitigation Measures: None.
4) Create a new source of substantialliaht or alare which would adverselv affect day or
niahttime views in the area?
No Impact: See A-1 above. Adoption of the Density Bonus Ordinance will not create a
new source of substantial light or glare which would adversely affect day or nighttime
views in the area.
Mitigation Measures: None.
B. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural land Evaluation and Site Assessment Model (1997)
prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland. Would the project:
5) Convert Prime Farmland. Unique Farmland. or Farmland of Statewide Importance
(Farmland). as shown on the maps prepared pursuant to the Farmland Mappina and
Monitorina Proaram of the California Resources Aaencv. to non-aaricultural use?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
According to map data provided by the California State Farmland Mapping and
Monitoring Program (FMMP), no prime farmland or farmland of statewide importance
exist in Lake Elsinore. However, the map indicates that the City contains a small area
of unique farmland. This area consists of approximately 10.25 acres in the City's East
Lake Specific Plan that is currently zoned for low/medium residential and recreational
land uses. This project would not directly impact the development of the area of unique
farmland identified in the FMMP. Farmland will not be converted to urban uses as a
result of the City's adoption of the Density Bonus Ordinance.
Mitigation Measures: None.
6) Conflict with existinG zoninG for aGricultural use. or a Williamson Act contract?
No Impact: See B-5 above. The City of Lake Elsinore contains no land zoned for
agricultural use. Adoption of the Density Bonus Ordinance will not conflict with existing
zoning for agricultural use or a Williamson Act contract.
Mitigation Measures: None.
7) Involve other chanGes in the existinG environment. which due to their location or nature.
could result in the conversion of Farmland. to non-aqricultural use?
No Impact: See B-5 above. There is no known farmland in the City of Lake Elsinore;
therefore the proposed project could not result in the conversion of farmland to a non-
agricultural use. Adoption of the Density Bonus Ordinance will not involve other
changes in the existing environment, which doe to their location or nature, could result
in the conversion of Farmland, to non-agricultural use.
Mitigation Measures: None.
C. AIR QUALITY. Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
8) Conflict with or obstruct implementation of the applicable air qualitv plan?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that
take advantage of a density bonus on a project by project basis when those projects
are submitted to the City for review.
Adoption of the Density Bonus Ordinance will not conflict with or obstruct
implementation of the South Coast Air Quality Management Plan.
Mitigation Measures: None.
9) Violate any air auality standard or contribute substantially to an existinq or Drojected air
auality violation?
No Impact: See C-8 above. Adoption of the Density Bonus Ordinance will not violate
any air quality standard or contribute substantially to an existing or projected air quality
violation.
Mitigation Measures: None.
10) Result in a cumulatively considerable net increase of any criteria Dollutant for which the
Droject reaion is non-attainment under an aDDlicable federal or state ambient air auality
standard (includina releasina emissions which exceed auantitative thresholds for ozone
Drecursors)?
No Impact: See C-8 above. Adoption of the Density Bonus Ordinance will not result in
a cumulatively considerable net increase of any criteria pollutant for which the project
region is under non-attainment.
Mitigation Measures: None.
11) EXDose sensitive receDtors to substantial Dollutant concentrations?
No Impact: See C-8 above. Adoption of the Density Bonus Ordinance will not expose
sensitive receptors to substantial pollutant concentrations.
Mitigation Measures: None.
12) Create objectionable odors affectina a substantial number of DeoDle?
No Impact: See C-8 above. Adoption of the Density Bonus Ordinance will not create
objectionable odors affecting a substantial number of people.
Mitigation Measures: None.
D. BIOLOGICAL RESOURCES. Would the project:
13) Have a substantial adverse effect. either directly or throuah habitat modifications. on
anv sDecies identified as a candidate. sensitive. or sDecial status sDecies in local or
reaional Dlans. Dolicies. or reaulations. or by the California DeDartment of Fish and
Game or U.S. Fish and Wildlife Service?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code ~ction
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
As a Permittee under the Western Riverside County Multiple Species Habitat
Conservation Plan, the City of Lake Elsinore contributes to the preservation of over
500,000 acres of open space and conservation area for 146 species of wildlife. The
program was created to implement federal and state law found in the Federal
Endangered Species Act and the State's Natural Communities Conservation Planning
Act. Lake Elsinore Area Plan, found in Section 3.3.3 of the Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP), designates specific areas of the
City for conservation and protection from development. These areas include the
wetlands that surround Lake Elsinore and the floodplain to the east of the lake, among
other habitats. Altogether, the Elsinore Area Plan calls for the conservation of between
66,500 and 73,315 acres of land within the area, which includes 4,830 to 7,870 acres
within the City of Lake Elsinore. Current approximations indicate that 3,500 acres of
land have been reserved within the City and its Sphere of Influence in accordance with
the MHSCP. Nothing in the Density Bonus Ordinance violates the MSHCP or the City's
obligations thereunder.
Adoption of the Density Bonus Ordinance will not have a substantial adverse effect,
directly or through habitat modification, on any protected species and will not cause a
or conflict between the project and any adopted city, county, regional, state or federal
policy, goal, or plan pertaining to the preservation and/or conservation of biological
resources in the City of Lake Elsinore.
Mitigation Measures: None.
14) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or reaional plans. policies. reaulations or by the California
Department of Fish and Game or u.s. Fish and Wildlife Service?
No Impact See D-13 above. Adoption of the Density Bonus Ordinance will not have a
substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, regulations or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service.
Mitigation Measures: None.
15) Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (includina, but not limited to, marsh, vernal pool, coastal,
etc.) throuah direct removal, fillina, hvdroloaical interruption, or other means?
No Impact: See D-13 above. Adoption of the Density Bonus Ordinance will not have a
substantial adverse effect on federally protected wetlands.
Mitigation Measures: None.
16) Interfere substantially with the movement of any native resident or miaratorv fish or
wildlife species or with established native resident or mioratorv wildlife corridors, or
impede the use of native wildlife nursery sites?
No Impact: See D-13above. Adoption of the Density Bonus Ordinance will not
substantially interfere with the movement of any native, resident or migratory fish or
wildlife species.
Mitigation Measures: None.
17) Conflict with any local policies or ordinances protectino biolooical resources, such as a
tree preservation policy or ordinance?
No Impact: See D-13 above. Adoption of the Density Bonus Ordinance will not
conflict with any local policies or ordinances protecting biological resources.
Mitigation Measures: None.
18) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, reaional, or state habitat
conservation plan?
No Impact: See D-13 above. Adoption of the Density Bonus Ordinance will not
conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved plan.
Mitigation Measures: None
E. CULTURAL RESOURCES. Would the project:
19) Cause a substantial adverse chanae in the sianificance of a historical resource as
defined in CEQA Guidelines Section15064.5?
No Impact The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures ~nd
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
For these reasons, adoption of the Density Bonus Ordinance will not cause a
substantial adverse change in significance of a historical resource as defined in CEQA
Guidelines Section 15064.5.
Mitigation Measures: None.
20) Cause a substantial adverse chanae in the sianificance of an archaeoloaical resource
pursuant to CEQA Guidelines Section15064.5?
No Impact: See E-19 above. Adoption of the Density Bonus Ordinance will not cause
a substantial adverse change in the significance of an archaeological resource.
Mitigation Measures: None.
21) Directly or indirectly destroy a unique pa/eontoloaical resource or site or unique
aeoloaic feature?
No Impact: See E-19 above. Adoption of the Density Bonus Ordinance will not
directly or indirectly destroy a unique paleontological resource, site, or geological
feature.
Mitigation Measures: None.
22) Disturb any human remains, includina those interred outside of formal cemeteries?
No Impact: See E-19 above. Adoption of the Density Bonus Ordinance will not result
in the disruption of any human remains, including those interred outside of formal
ceremonies. It is the City's standard policy to condition all development projects to
require compliance with California Health and Safety Code Section 7050.5, which says
that if human remains are discovered on any project, all work shall stop until the County
Coroner has made the necessary findings as to the origin and disposition of the
remains pursuant to Public Resources Code Section 5097.98.
Mitigation Measures: None.
F. GEOLOGY AND SOilS.
Would the project:
23) EXlJose lJeolJle or structures to 1J0tential substantial adverse effects. includina the risk
of loss. in;urv. or death involvina:
a.) RUlJture of a known earthauake fault. as delineated on the most recent Alauist-
Priolo Earthauake Fault Zonina MalJ issued bv the State Geoloaist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geoloav SlJecial Publication 42.
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code
Section 65915 et seq.). While proposed Density Bonus Ordinance may conceptually
result in additional units being built above currently permitted residential densities,
the City cannot predict with certainty whether developers will request and take
advantage of the density bonuses, incentives and concessions permitted under the
Density Bonus Ordinance. At this time there are no development proposals included
as part of the project and identification and mitigation of specific direct impacts are
too speculative. Therefore, the City will analyze the direct environmental impacts of
all projects that take advantage of a density bonus on a project by project basis
when those projects are submitted to the City for review.
Adoption of the Density Bonus Ordinance will not expose people or structures to
adverse effects or risk of loss, injury or death in connection with the rupture of a
known earthquake fault.
Mitigation Measures: None.
b.) Strona seismic around shakina?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance will not
expose people or structures to adverse effects or risk of loss, injury or death in
connection with strong seismic ground shaking.
Mitigation Measures: None.
c.) Seismic-related Ground failure. includina liauefaction?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance will not
expose people or structures to adverse effects or risk of loss, injury or death in
connection with seismic-related ground failure, including liquefaction.
Mitigation Measures: None.
d.) Landslides?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance will not
expose people or structures to adverse effects or risk of loss, injury or death in
connection with landslides.
Mitigation Measures: None.
24) Result in substantial soil erosion or the loss of toosoil?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance will not
result in substantial soil erosion or the loss of topsoil.
Mitigation Measures: None.
25) Be located on a aeoloGic unit or soil that is unstable. or would become unstable as a
result of the oroiect. and ootential/v result in on- or off-site landslide. lateral soreadina.
subsidence. liauefaction or col/aose?
No Impact: See F-23 (a). Adoption of the Density Bonus Ordinance will not result in a
project being located on a geologic unit or soil that is unstable or would become
unstable as a result of the project. The Density Bonus Ordinance does not change
zoning designations or the location of permitted uses.
Mitigation Measures: None.
26) Be located on exoansive soil. as defined in Table 18-1-B of the Uniform BuildinG Code
(1994). creatinG substantial risks to life or orooertv?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance will not
result in a project being located on expansive soil. The Density Bonus Ordinance does
not change zoning designations or the location of permitted uses.
Mitigation Measures: None.
27) Have soils incapable of adeQuatelv supportina the use of septic tanks or alternative
waste water disposal system where sewers are not available for the disposal of waste
water?
No Impact: See F-23 (a) above. Adoption of the Density Bonus Ordinance does not
involve the use of septic tanks or alternative waste water disposal systems.
Mitigation Measures: None.
G. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
28) Create a sianificant hazard to the public or the environment throuah the routine
transport. use. or disposal of hazardous materials?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Adoption of the Density Bonus Ordinance will not create a significant hazard to the
public or environment through the routine transport, use, or disposal of hazardous
materials.
Mitigation Measures: None.
29) Create a sianificant hazard to the public or the environment throuah reasonablv
foreseeable upset and accident conditions involvina the release of hazardous materials
into the environment?
No Impact: See G-28 above. Adoption of the Density Bonus Ordinance will not create
a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the
environment.
Mitigation Measures: None.
30) Emit hazardous emIssIons or handle hazardous or acutelv hazardous materials.
substances. or waste within one-quarter mile of an existina or proposed school?
No Impact: See G-28 above. Adoption of the Density Bonus Ordinance will not result
in the emission of hazardous emissions or the handling of hazardous or acutely
hazardous materials, substances, or waste at all let alone within one-quarter mile of an
existing or proposed school.
Mitigation Measures: None.
31) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and. as a result. would it create a
sianificant hazard to the public or the environment?
No Impact: See G-28 above. The Density Bonus Ordinance does not involve
hazardous materials. This impact is not applicable.
Mitigation Measures: None.
32) For a proiect located within an aiffJort land use plan or. where such a plan has not been
adopted. within two miles of a public airport or public use aiffJort. would the proiect
result in a safety hazard for people residina or workina in the proiect area?
No Impact: See G-28 above. Adoption of the Density Bonus Ordinance will not result
in a particular project being located next to an airport land use. In the event that a
future project is located near the Lake Elsinore airport, that project will be analyzed at
the time that a development application is submitted.
Mitigation Measures: None.
33) For a proiect within the vicinity of a private airstrip. would the proiect result in a safety
hazard for people residina or workina in the proiect area?
No Impact: See G-32 above.
Mitigation Measures: None.
34) Impair implementation of or phvsicallv interfere with an adopted emerqencv response
plan or emeraencv evacuation plan?
No Impact: See G-28 above.
Mitigation Measures: None.
35) Exoose oeoole or structures to a sianificant risk of loss. iniury or death involvina
wildland fires. includina where wildlands are adiacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact: See G-28 above. Adoption of the Density Bonus Ordinance will not
expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.
Mitigation Measures: None.
H. HYDROLOGY AND WATER QUALITY. Would the project:
36) Violate any water Quality standards or waste discharae reauirements?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Adoption of the Density Bonus Ordinance will not violate any water quality standards or
waste discharge requirements.
Mitigation Measures: None.
37) Substantially deolete aroundwater supplies or interfere substantially with aroundwater
recharae such that there would be a net deficit in aQuifer volume or a lowerina of the
local aroundwater table level fe.a.. the production rate of pre-existina nearby wells
would drop to a level which would not suooorl existinQ land uses or olanned uses for
which permits have been aranted)?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not
substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level.
Mitigation Measures: None.
38) Substantiallv alter the existinG drainaGe Daffern of the site or area, includinG throuGh the
alteration of the course of stream or river, or substantiallv increase the rate or amount
of the surface runoff in a manner, which would result in substantial erosion or siltation
on- or off-site?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not
substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, or substantially increase the rate or amount
of the surface run-off in a manner, which would result in substantial erosion or siltation
on or off-site.
Mitigation Measures: None.
39) Create or contribute runoff water which would exceed the caDacitv of existinG or
Dlanned storm water drainaGe systems or Drovide substantial additional sources of
Dolluted runoff?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not create
or contribute runoff water which would exceed the capacity of existing or planned storm
water drainage systems or provide substantial additional sources of polluted runoff.
Mitigation Measures: None.
40) Otherwise substantiallv deGrade water aualitv?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not
substantially degrade water quality.
Mitigation Measures: None.
41) Place housinG within a 100-vear flood hazard area as maDDed on a federal Flood
Hazard Boundary or Flood Insurance Rate MaD or other flood hazard delineation maD?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not place
housing within a 100-year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map. When a
development project is submitted for the City's review, the City will analyze whether the
development project falls within a 1 OO-year flood hazard area.
Mitigation Measures: None.
42) Place within a 1 DO-year flood hazard area structures which would impede or redirect
flood flows?
No Impact: See H-36 and H-41 above. Adoption of the Density Bonus Ordinance will
not place within a 1 DO-year flood hazard area structures which would impede or redirect
flood flows. .
Mitigation Measures: None.
43) Expose people or structures to a sianificant risk of loss, iniury or death involvina
floodina, includina floodina as a result of the failure of a levee or dam?
No Impact: See H-36 and H-41 above. Adoption of the Density Bonus Ordinance will
not expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam.
Mitigation Measures: None.
44) Inundation by seiche, tsunami, or mudflow?
No Impact: See H-36 above. Adoption of the Density Bonus Ordinance will not result
in inundation by seiche, tsunami or mudflow.
Mitigation Measures: None.
I. LAND USE AND PLANNING. Would the project:
45) Physically divide an established community?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Adoption of the Density Bonus Ordinance will not physically divide an established
community.
Mitigation Measures: None
46) Conflict with any aoolicable land use olan. oolicv. or reoulation of an aaencv with
iurisdiction over the oroiect (includina. but not limited to the aeneral olan. soecific olan.
local coastal oroaram. or zonina ordinance) adooted for the ouroose of avoidino or
mitiaatina an environmental effect?
Less Than Significant Impact: See 1-45 above. Adoption of the Density Bonus
Ordinance may conflict with the City's established General Plan Land Use Map,
adopted Specific Plans, and adopted Zoning Ordinance. However, the State Law
preempts the local law and mandates that these density bonuses, concessions and
incentives be adopted. The changes that will result are less than significant and any
potential environmental impacts associated with development projects which take
advantage of this regulatory scheme will be analyzed at the time that the development
application is submitted.
Mitigation Measures: None.
47) Conflict with any aoolicable habitat conservation olan or natural community
conservation olan?
No Impact: See D-13 above. Adoption of the Density Bonus Ordinance will not
conflict with any applicable habitat conservation plan or natural community
conservation plan.
Mitigation Measures: None.
J. MINERAL RESOURCES. Would the project:
48) Result in the loss of availabilitv of a known mineral resource that would be of value to
the reaion and the residents of the state?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculativ~
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Adoption of the Density Bonus Ordinance will not result in the loss of availability of a
known mineral resource that would be of value to the region and the residents of the
state.
Mitigation Measures: None.
49) Result in the loss of availabilitv of a locally important mineral resource recovery site
delineated on a local Qeneral plan. specific plan or other land use plan?
No Impact: See J-48 above. Adoption of the Density Bonus Law will not result in the
loss of availability of a locally important mineral resource recovery site delineated on a
local general plan, specific plan or other land use plan.
Mitigation Measures: None.
K. NOISE. Would the project result in:
50) Exoosure of oersons to or aeneration of noise levels in excess of standards established
in the local aeneral olan or noise ordinance. or aoolicable standards of other aaencies?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
The construction of any future development project that takes advantage of the
provisions of this ordinance must comply with noise regulations and must adhere to
City regulations governing hours of construction, noise levels generated by construction
and mechanical equipment, and the allowed level of ambient noise (Chapter 17.78 of
the Lake Elsinore Municipal Code, as amended from time to time).
Adoption of the Density Bonus Ordinance will not expose people to or generate noise
levels in excess of standards established in the City's General Plan or Noise
Ordinance, or applicable standards of other agencies.
Mitigation Measures: None.
51) Exposure of persons to or aeneration of excessive aroundborne vibration or
aroundborne noise levels?
No Impact: See K-50 above. Adoption of the Density Bonus Ordinance will not
expose people to or generate excessive groundborne vibration or groundborne noise
levels.
Mitigation Measures: None.
52) A substantial permanent increase in ambient noise levels in the project vicinity above
levels existina without the project?
No Impact: See K-50 above. Adoption of the Density Bonus Ordinance will not result
in a substantial permanent increase in ambient noise levels throughout the City above
levels existing without the project.
Mitigation Measures: None.
53) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existina without the project?
No Impact: See K-50 above. Adoption of the Density Bonus Ordinance will not result
in a substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project.
Mitigation Measures: None.
54) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
expose people residina or workina in the project area to excessive noise levels?
No Impact: See G-32 above. Adoption of the Density Bonus Ordinance will not result
in any projects being located within an airport land use plan.
Mitigation Measures: None.
55) For a proiect within the vicinity of a private airstrip. would the proiect expose people
residina or workina in the proiect area to excessive noise levels?
No Impact: See K-54 above.
Mitigation Measures: None.
L. POPULATION AND HOUSING. Would the project:
56) Induce substantial population arowth in an area. either directly (for example. by
proposina new homes and businesses) or indirectly (for example. throuah extension of
roads or other infrastructure)?
Less Than Significant Impact: The proposed project involves an amendment to the
Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local
procedures and guidelines for implementation of the State Density Bonus Law (Cal.
Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may
conceptually result in additional units being built above currently permitted residential
densities, the City cannot predict with certainty whether developers will request and
take advantage of the density bonuses, incentives and concessions permitted under
the Density Bonus Ordinance. At this time there are no development proposals
included as part of the project and identification and mitigation of specific direct impacts
are too speculative. Therefore, the City will analyze the direct environmental impacts of
all projects that take advantage of a density bonus on a project by project basis when
those projects are submitted to the City for review.
Use of a density bonus in some development projects may result in an increase in
population by permitting denser housing developments. However, the number of units
that would be produced would contribute to the City's obligations to produce housing
affordable to all economic segments of the community.
Adoption of the Density Bonus Ordinance will not induce substantial population growth
in an area, either directly or indirectly.
Mitigation Measures: None.
57) Displace substantial numbers of existina housina. necessitatina the construction of
replacement housina elsewhere?
No Impact: See L-56 above. Adoption of the Density Bonus Ordinance will not
displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere. The proposed Density Bonus Ordinance would add to
the housing stock without taking any housing away.
Mitigation Measures: None.
58) Displace substantial numbers of people. necessitatina the construction of replacement
housina elsewhere?
No Impact: See L-56 above. Adoption of the Density Bonus Ordinance would not
displace substantial numbers of people; it would create new housing opportunities.
Mitigation Measures: None.
M. PUBLIC SERVICES.
Would the proiect result in substantial adverse physical impacts associated with the
provision of new or physically altered aovernmental facilities. need for new or
physically altered aovernmental facilities. the construction of which could cause
sianificant environmental impacts. in order to maintain acceptable service ratio.
response times or other performance obiectives for any of the public service:
59) Fire protection?
Less Than Significant Impact: The proposed project involves an amendment to the
Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local
procedures and guidelines for implementation of the State Density Bonus Law (Cal.
Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may
conceptually result in additional units being built above currently permitted residential
densities, the City cannot predict with certainty whether developers will request and
take advantage of the density bonuses, incentives and concessions permitted under
the Density Bonus Ordinance. At this time there are no development proposals
included as part of the project and identification and mitigation of specific direct impacts
are too speculative. Therefore, the City will analyze the direct environmental impacts of
all projects that take advantage of a density bonus on a project by project basis when
those projects are submitted to the City for review.
Through the permit process, impact fees are paid to off-set the cost of an increase to
services such as police, fire, parks, schools etc. Development impact fees are collected
upon issuance of a building permit, to reduce any potential impacts to local services.
Any future development projects subject to the ordinance will be required to pay all
required impact fees to offset any potential impact on public services.
Adoption of the Density Bonus Ordinance will not result in a substantial adverse
physical impact associated with the provision of new or physically altered fire
protection.
Mitigation Measures: None
60) Police protection?
Less Than Significant Impact: See M-59 above. Adoption of the Density Bonus
Ordinance will not result in a substantial adverse physical impact associated with the
provision of new or physically altered police protection.
Mitigation Measures: None.
61) Schools?
Less Than Significant Impact: See M-59 above. Adoption of the Density Bonus
Ordinance will not result in a substantial adverse physical impact associated with the
provision of new or physically altered schools.
Mitigation Measures: None.
62) Parks?
Less Than Significant Impact: See M-59 above. Adoption of the Density Bonus
Ordinance will not result in a substantial adverse physical impact associated with the
provision of new or physically altered parks.
Mitigation Measures: None.
63) Other Public Facilities?
No Impact: See M-59 above. Adoption of the Density Bonus Ordinance will not result
in a substantial adverse physical impact associated with the provision of other new or
physically altered public facilities.
Mitigation Measures: None.
N. RECREATION
64) Would the DroDosed Dro;ect increase the use of existina neiahborhood and reaional
Darks or other recreational facilities such that substantial Dhvsical deterioration of the
facilitv would occur or be accelerated?
Less Than Significant Impact: See M-59 above. Adoption of the Density Bonus
Ordinance would increase the use of existing neighborhood and regional parks or other
recreational facilities because if a developer invokes the denw~.Qonus. it will brina
-
3(
about more housing which in turn brings about more people. The increase in use,
however, is not significant.
Mitigation Measures: None.
65) Does the oroiect include recreational facilities or reauire the construction or exoansion
of recreational facilities that miaht have an adverse effect on the environment?
Less Than Significant Impact: Refer to response M-59 and M-62 above. Because
the City's action only involves adoption of a regulatory scheme, it does not include
recreational facilities. However, new additional recreational facility opportunities will be
pursued when development applications are submitted.
Mitigation Measures: None.
O. TRANSPORT A TIONITRAFFIC. Would the project:
66) Cause an increase in traffic which is substantial in relation to the existina traffic load
and caoacitv of the street svstem (i.e.. result in a substantial increase in either the
number of vehicle trios. the volume to caoacitv ratio on roads. or conaestion at
intersections) ?
Less Than Significant Impact: The proposed project involves an amendment to the
Lake Elsinore Municipal Code, which will add Chapter 17.26 establishing local
procedures and guidelines for implementation of the State Density Bonus Law (Cal.
Gov. Code Section 65915 et seq.). While proposed Density Bonus Ordinance may
conceptually result in additional units being built above currently permitted residential
densities, the City cannot predict with certainty whether developers will request and
take advantage of the density bonuses, incentives and concessions permitted under
the Density Bonus Ordinance. At this time there are no development proposals
included as part of the project and identification and mitigation of specific direct impacts
are too speculative. Therefore, the City will analyze the direct environmental impacts of
all projects that take advantage of a density bonus on a project by project basis when
those projects are submitted to the City for review.
Adoption of the Density Bonus Ordinance will not cause an increase in traffic which is
substantial in relation to the existing traffic load and capacity of the street system.
Mitigation Measures: None.
67) Exceed. either individuallv or cumulativelv. a level of service standard established bv
the countv conaestion manaaement aaencv for desianated roads or hiahwavs?
Less Than Significant Impact: See 0-66 above. Adoption of the Density Bon,-us
Ordinance will not exceed, either individually or cumulatively, a level of service
standard established by the county congestion management agency for designated
roads or highways.
Mitigation Measures: None.
68) Result in a chanae in traffic oattems. includinG either an increase in traffic levels or a
chanae in location that results in substantial safety risks?
Less Than Significant Impact: See 0-66 above. Adoption of the Density Bonus
Ordinance will not result in a change in traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety risks.
Mitigation Measures: None.
69) Substantiallv increase hazards due to a desiGn feature (e.a.. sharD curves or
danaerous intersections) or incomoatible uses (e.G.. farm eauioment)?
Less Than Significant Impact: See 0-66 above. Adoption of the Density Bonus
Ordinance will not substantially increase hazards due to a design feature.
Mitigation Measures: None.
70) Result in inadeauate emeraencvaccess?
Less Than Significant Impact: See 0-66 above. Adoption of the Density Bonus
Ordinance will not result in inadequate emergency access.
Mitigation Measures: None.
71) Result in inadeauate oarkinG caoacitv?
Less Than Significant Impact: See 0-66 above.
Additionally, California Government Code Section 65915 establishes requirements for
the maximum number of offstreet parking spaces to be requested from development
projects that include specified percentages of affordable units or that are senior housing
projects. Where there is a difference between the requirements in Section 65915 and in
Chapter 17.66 of the Lake Elsinore Municipal Code, the state law controls. Although the
ordinance resulting from the State law may permit development at a lower parking ratio
than currently permitted under Chapter 17.66, the new ordinance will still require
sufficient amounts of parking.
Therefore, adoption of the Density Bonus Ordinance will not result in inadequate
parking capacity.
Mitigation Measures: None.
72) Conflict with adooted oolicies. olans. or oroarams suooortina alternative transoortation
(e.a.. bus turnouts. bicycle racks)?
Less Than Significant Impact: See 0-66 above. Adoption of the Density Bonus
Ordinance will not conflict with adopted policies, plans, or programs supporting
alternative transportation.
Mitigation Measures: None.
P. UTILITIES AND SERVICE SYSTEMS. Would the project:
73) Exceed wastewater treatment reauirements of the aoolicable Reaional Water Quality
Control Board?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under the Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of all projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
Adoption of the Density Bonus Ordinance will not exceed wastewater treatment
requirements of the Regional Water Quality Control Board.
Mitigation Measures: None.
74) Reauire or result in the construction of new water or wastewater treatment facilities or
exoansion of existina facilities. the construction of which could cause slanificant
environmental effects?
No Impact: See P-73 above. Adoption of the Density Bonus Ordinance will not
require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could .cau~e siQn.ifi9ant
environmental effects.
Mitigation Measures: None.
75) Require or result in the construction of new storm water drainaQe facilities or expansion
of existina facilities. the construction of which could cause siQnificant environmental
effects?
No Impact: See P-73 above. Adoption of the Density Bonus Ordinance will not
require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental
effects.
Mitigation Measures: None.
76) Have sufficient water supplies available to serve the proiect from existina entitlements
and resources. or are new or expanded entitlements needed?
No Impact: See P-73 above.
Mitigation Measures: None.
77) Result in a determination bv the wastewater treatment provider which serves or mav
serve the proiect that it has adequate capacity to serve the proiecrs proiected demand
in addition to the provider's existina commitments?
No Impact: See P-73 above.
Mitigation Measures: None.
78) Be served bv a landfill with sufficient permitted capacity to accommodate the proiect's
solid waste disposal needs?
No Impact: See P-73 above.
Mitigation Measures: None.
79) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact: See P-73 above. Additionally, Ordinance 1167, a construction and
demolition recycling ordinance, to comply with the California Integrated Waste
Management Act. This Act requires that jurisdictions maintain a fiO% or I)~tte!" diver'3bn
J
rate for solid waste. The City implements this requirement through Chapter 14.12 of the
Lake Elsinore Municipal Code. Therefore, future development utilizing the ordinance
would not cause any significant impacts related to solid waste.
Mitigation Measures: None.
Q. MANDATORY FINDINGS OF SIGNIFICANCE.
80) Does the proiect have the potential to dearade the qualitv of the environment.
substantiallv reduce the habitat of a fish or wildlife species. caw~e a fish or wildlife
population to drop below self-sustainina levels. threaten to eliminal~e a plant or animal
community. reduce the number or restrict the ranqe of a rare or endanqered plant or
animal or eliminate important examples of the maior periods of California history or
prehistory?
No Impact: The proposed project involves an amendment to the Lake Elsinore
Municipal Code, which will add Chapter 17.26 establishing local procedures and
guidelines for implementation of the State Density Bonus Law (Cal. Gov. Code Section
65915 et seq.). While proposed Density Bonus Ordinance may conceptually result in
additional units being built above currently permitted residential densities, the City
cannot predict with certainty whether developers will request and take advantage of the
density bonuses, incentives and concessions permitted under 1he Density Bonus
Ordinance. At this time there are no development proposals included as part of the
project and identification and mitigation of specific direct impacts are too speculative.
Therefore, the City will analyze the direct environmental impacts of ~III projects that take
advantage of a density bonus on a project by project basis when those projects are
submitted to the City for review.
The project involves regulatory changes to the Municipal Codo and no physical
development activity that could affect biological resources. Therefore, the proposed
amendment will have no impact on any sensitive plant or animal species or habitat.
Likewise, there will be no conflict with any adopted city, county, regional, state or
federal policies, goals, or plans pertaining to the preservation and/or conservation of
biological resources in the City of Lake Elsinore.
The project involves no changes to the zoning designation of property or to the
locations where residential and mixed-use development are permitted. The proposed
ordinance will allow the City of Lake Elsinore to implement State law. The law does
allow flexibility and relaxation of development standards to facilitate the development of
affordable housing projects. This may include building setbacks and height, parking,
landscaping/open space etc. There may be a change in population due to the density
bonus provision.
81) Does the proiect have impacts that are individuallv limited. but cumulativelv
considerable? ("Cumulativelv considerable" means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects.
the effects of other current projects. and the effects of probable future projects)?
Less Than Significant Impact: See Q-aO above.
82) Does the project have environmental effects which will cause substantial adverse
effects on human beinas. either directlv or indirect/v?
Less Than Significant Impact: See Q-aO above.
-End of Environmental Impact Evaluation Discussion -
REFERENCES FOR ENIVRONMENTAL EVALUATION
The following references were utilized during preparation of this Initial Study:
1) City of Lake Elsinore General Plan
2) City of Lake Elsinore General Plan Update Background Study Report
3) CEQA Air Quality Handbook, South Coast Air Quality Management District, revised 1993
4) Lake Elsinore Municipal Code, as amended
5) Western Riverside County Multiple Species Habitat Conservation Plan
CITY OF ~
LA~E 6LSiNORJ:
, ,
~ DREAM EXTREME
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
130 South Main Street
Lake Elsinore, CA 92530
(951) 674-3124 Voice (951) 471-1419 Fax
NEGATIVE DECLARATION
Project Entitlement No(s):
2008-02
Zoninq Ordinance Text Amendment No.
Applicant:
City of Lake Elsinore
Address:
130 S. Main Street Lake Elsinore. CA 92530
Project Location: Citywide in Residential Zones
Project Description: A request to amend the Lake Elsinore Municipal
Code to add Chapter 17.26 (Density Bonuses) related to; 1) A density
bonus and incentives proqram for affordable, senior, and child care
developments and 2) Maximum parkinq requirements for affordable
housinq developments.
Based on the attached Initial Study prepared for this project, the City of Lake
Elsinore has determined that there would be no significant, adverse, effect on the
environment due to the scope of the project. All materials used in the preparation
of this Negative Declaration are available for public review at the City of Lake
Elsinore Planning Division, 130 South Main Street, Lake Elsinore, CA 92530.
This document constitutes a Negative Declaration.
RESPONSIBLE AGENCIES (Le., any agency that has discretionary approval
power over the project):
City of Lake Elsinore
TRUSTEE AGENCIES (i.e., the California Department of Fish and Game,
State Lands Commission, State Department of Parks and Recreation, and
University of California):
None
Notice Pursuant to Section 21092.5 of the Public Resources Code:
A public hearing before the Planning Commission will be held on April 1, 2008 at
6:00 p.m. at the City of Lake Elsinore Cultural Center, 183 North Main Street,
Lake Elsinore, CA 92530 to consider this project. At that time, all interested
parties are welcome to address the Planning Commission on this matter.
Prior to the public hearing, the public is invited to submit written comments on the
proposed Negative Declaration to the Redevelopment Agency, attention Wendy
Worthey, Environmental Planner, 130 South Main Street, Lake Elsinore, CA
92530 or phone (951) 674-3124.
Wendy Worthey, Environmental Planner
March 5. 2008
Date
CITY OF .~
LAKE 6LSiNO~
\ I
V DREAM E,XTREME...
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:
APRIL 1, 2008
JUSTIN CARLSON, ASSOCIATE PLANNER
UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON
PLAZA PROFESSIONAL OFFICES)
GAIL CASSMAN/ARCHITECTURAL DESIGN & SIGNS:
2950 PALISADES DRIVE, CORONA, CA 92880
PREPARED BY:
PROJECT TITLE:
APPLICANT:
OWNER:
DUSTIN HAELlNG/CANYON PLAZA PARTNERS, LLC:
11975 EL CAMINO REAL #103, SAN DIEGO, CA 92130
PROJECT REQUEST
The applicant requests approval of a Uniform Sign Program for the existing Canyon Plaza
Professional Office building located at 31577 Canyon Estates Drive (APN: 363-670-009).
The uniform sign program will include only building mounted signs. The project site is
located within the Neighborhood Commercial (C-1 /SP) zoning district of the Canyon Creek
"Summerhill" Specific Plan and has a General Plan land use designation of Canyon Creek
"Summerhill" Specific Plan.
Project review is pursuant to Chapter 17.94 (Signs-Advertising Structures) of the Lake
Elsinore Municipal Code (LEMC).
PROJECT LOCATION
The project site is located on the south side of Canyon Estates Drive and west of
Summerhill Drive at 31577 Canyon Estates Drive (APN: 363-670-009).
AGENDA ITEiw''l NO.
PAGE_ \
~
0;: ~S
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON PLAZA
PROFESSIONAL PLAZA)
BACKGROUND
On October 3, 2006, the City of Lake Elsinore Planning Commission reviewed and
recommended City Council approval of Commercial Design Review No. 2006-02 and
Tentative Condominium Tract Map No. 34864 for the Canyon Estates Professional Office
Building Complex. The Canyon Estates Professional Office Building Complex consisted of
the design and construction of a two-story 14,500 square-foot professional office building
and an associated Tentative Tract Map for condominium purposes on a .69 acre vacant
site located at 31577 Canyon Estates Drive (APN: 363-670-009).
On November 14, 2006 the City of Lake Elsinore City Council concurred with the Planning
Commission recommendation and approved Commercial Design Review No. 2006-02 and
Tentative Condominium Tract Map No. 34864 for the Canyon Estates Professional Office
Building Complex located at 31577 Canyon Estates Drive (APN: 363-670-009).
ENVIRONMENTAL SETTING
Project Site Commercial Canyon Creek "Summerhill" Canyon Creek
Specific Plan (C-1/SP "Summerhill" Specific
Nei hborhood Commercial Plan
North Commercial Canyon Creek "Summerhill" Canyon Creek
Bank Specific Plan (C-1/SP "Summerhill" Specific
Nei hborhood Commercial Plan
South Vacant Canyon Creek "Summerhill" Canyon Creek
Specific Plan (C-1/SP "Summerhill" Specific
Nei hborhood Commercial Plan
East Gas Canyon Creek "Summerhill" Canyon Creek
Station/Car Specific Plan (C-1/SP "Summerhill" Specific
Wash Nei hborhood Commercial Plan
West Hotel/Medical Canyon Creek "Summerhill" Canyon Creek
Office Specific Plan (C-1/SP "Summerhill" Specific
Nei hborhood Commercial Plan
PROJECT DESCRIPTION
Uniform Sign Program No. 2008-01
The proposed Uniform Sign Program for the Canyon Plaza Professional Offices located at
31577 Canyon Estates Drive (APN: 363-670-009) will include only building mounted signs.
AGEND~ITEM I
PAGE~ oFJS
REPORT TO PLANNING COMMISSISION
APRIL 1,2008
PROJECT TITLE: UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON PLAZA
PROFESSIONAL PLAZA)
Buildina Mounted Sians
The applicant is proposing to install a total of seventeen (17) building mounted signs on
both the east elevation (facing Canyon Estates Drive) and the west elevation (facing the 1-
15 freeway).
East Elevation (facina Canyon Estates Drive)
All first and second floor tenants will have a suite blade sign, except for the two (2) suites
directly behind the center entrance tower element. These two (2) suites will have two (2)
hanging sings that will connect to the ceilings within the tower architectural element. There
is also one (1) center identification sign, which is to be located at the top of the
architectural tower element.
Blade Sians
The proposed blade signs will connect directly adjacent to the tenant's suite and will extend
out approximately two-feet ten-inches (2'-1 a"). The signs will incorporate a decorative
mounting arm bracket and a "Duranodic Bronze" background finish with off-white lettering.
It should be noted that any Corporations logo and/or secondary verbage will not be
permitted on the blade sign.
Hanaina Sians
The two (2) proposed hanging signs will each be approximately fourteen (14) square-feet
and will include a "Duranodic Bronze" finish on the face and edges and"off-white" for the
sign copy. The proposed signs will be attached to the ceilings within the architectural tower
element by two (2) one-inch (1") square-tube posts painted "Duranodic Bronze."
Center Identification Sian
The center identification sign will be approximately twenty-four (24) square-feet and will
include three-inch (3") deep halo-illuminated reverse channel letters. The faces and returns
are to be painted "Duranodic Bronze" and the illumination is to include white neon.
It should be noted that the both the hanging signs as well as the center identification sign
will not exceed a length of seventy-five percent (75%) of the length of the architectural
element, or suite length, to which the sign is attached. This will ensure that all building
mounted signs are centered and proportional to the area they are identifying.
West Elevation (facina the 1-15 corridor)
The west elevation (facing the 1-15 freeway) will consist of three (3) wall mounted signs;
one (1) center identification sign and two (2) tenant identification signs.
Wall Mounted Tenant Identification Sian
The two (2) proposed wall mounted tenant identification signs will be non-illuminated and
pin mounted, approximately two and a half inches (2 %") off the building fascia. Corporate
logos and/or secondary verbage are not permitted and the sign color will be "Duranodic
AGENDA ITEM 3.
PAGE -.:l OF ~
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON PLAZA
PROFESSIONAL PLAZA)
Bronze." Furthermore, the proposed signs will not exceed one (1) square-foot per leased
building frontage as well as not to exceed a length of seventy-five percent (75%) of the
length of the architectural element, or suite length, to which the sign is attached.
The applicant is proposing to locate the two (2) signs on the second level and at each end
of the proposed building. The landlord will determine which building tenant can occupy any
one (1) of the two (2) signs.
Center Identification Sian
The center identification sign for the west elevation will be the same size as the proposed
center identification sign on the east elevation; as outlined above.
ANALYSIS
Staff has reviewed the proposed Uniform Sign Program for the Canyon Plaza Professional
Offices located at 31577 Canyon Estates Drive (APN: 363-670-009) and found that the
project will meet all minimum requirements of Chapter 17.94 (Signs-Advertising
Structures) of the Lake Elsinore Municipal Code (LEMC) including but not limited to;
maximum sign area, maximum sign height and length, and aesthetic design.
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 11 (a) exemption for accessory structures
because the Project involves construction of on-premise signs. (14 C.C.R. 9 15311(a)).
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2008-_ approving
Uniform Sign Program No. 2008-01 for the Canyon Plaza Professional Plaza; based on the
Findings, Exhibits, and proposed Conditions of Approval.
AGENDA ITEM"
PAGE h- OF'tS
REPORT TO PLANNING COMMISSISION
APRIL 1, 2008
PROJECT TITLE: UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON PLAZA
PROFESSIONAL PLAZA)
Prepared by: Justin Carlson, Associate Planner 1-
Approved by:
Rolfe M. Preisendanz, Director of Community Development
ATTACHMENTS:
1. VICINITY MAP
2. PLANNING COMMISSION RESOLUTION
3. PLANNING COMMISSION CONDITIONS OF APPROVAL
4. CEQA-NOTICE OF EXEMPTION
5. SIGNED ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL
6. COVER SHEET (8" X 11")
7 . TABLE OF CONTENTS (8"X 11")
8. OBJECTIVES PLAN (8" X 11")
9. APPROVAL PLAN (8" X 11")
10. FABRICATION/INSTALLATION PLAN (8" X 11')
11. SITE PLAN (8" X 11')
12. ELEVATIONS PLAN (8" X 11")
13. PROJECT IDENTIFICATION BUILDING SIGN PLAN (8" X 11")
14. FIRST & SECOND FLOOR TENANT BLADE SIGN PLAN (8" X 11")
15. FIRST & SECOND FLOOR TENANT HANGING SIGN PLAN (8" X 11")
16. REAR ELEVATION WALL MOUNTED SIGN PLAN (8" X 11")
17. WINDOW & DOOR GRAPHICS PLAN (8" X 11")
18. FULL SIZE PLANS (11" X 17")
AGENDA ITEM ~
PAGE.5- OF~
VICINITY MAP
UNIFORM SIGN PROGRAM NO. 2008-01
"CANYON PLAZA PROFESSIONAL OFFICES"
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AGENDA ITEti NO. <1
PACE_ ~ OJ= <J..5
RESOLUTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN
PROGRAM NO. 2008-01
WHEREAS, Gail Cassman/Architectural Design & Signs, has initiated
proceedings for Uniform Sign Program No. 2008-01 for Canyon Plaza Professional
Offices (the "Uniform Sign Program"), generally located on the south side of Canyon
Estates Drive and west of Summerhill Drive at 31577 Canyon Estates Drive (APN: 363-
670-009) (the "Property"); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Uniform Sign Programs; and
WHEREAS, on April 1, 2008, at a duly noticed public meeeting, the Planning
Commission has 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 Uniform Sign
Program prior to taking action on the application. The Planning Commission hereby
finds and determines that the Uniform Sign Program conforms to all requirements set
forth in Chapter 17.94 of the Lake Elsinore Municipal Code.
SECTION 2. The California Legislature has determined that certain classes of
projects do not have a significant effect on the environment and are therefore exempt
from the California Environmental Quality Act (Cal. Pub. Res. Code 9921000 et seq.:
"CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. 99 15000 et
seq.: the "CEQA Guidelines"). A Class 11 exemption consists of:
"Construction or replacement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities,
including but not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items . . . in
generally the same locations from time to time in publicly
owned parks, stadiums, or other facilities designed for public
use. "
The Uniform Sign Program qualifies for a Class 11 exemption because it involves the
construction of on-premise signs that are appurtenant to an existing commercial facility;
the Canyon Plaza Professional Offices. Therefore, the Planning Commission hereby
!\"E-':"\'" '''''.''n "0 ,
,",\.; .iI!..;'" lit.,! i~ .
PAGE~Oi-: Qs
PLANNING COMMISSION RESOLUTION 2008-
PAGE 2 OF 3
finds and determines that the Uniform Sign Program is exempt from CEQA and the
CEQA Guidelines.
SECTION 3. 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 the Uniform Sign Program:
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 Uniform Sign Program complies with the goals and objectives of the General
Plan and the C-1/SP Neighborhood Commercial Specific Plan Zoning District in
which the Canyon Plaza Professional Offices are located. The Uniform 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, thereby diversifying Lake Elsinore's economic base.
Moreover, the Uniform Sign Program will facilitate the efficient and orderly use of
signs for the purpose of attracting new and returning customers to participating
businesses.
2. The project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The Uniform Sign Program for the Canyon Plaza Professional Offices is
appropriate to the site and surrounding developments in that the Uniform Sign
Program 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 Uniform Sign Program 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 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.
The Uniform Sign Program was reviewed and conditioned by all applicable City
departments to ensure that the Uniform Sign Program blends into existing
development, creates the least amount of disturbance, and does not negatively
impact the residents or businesses of Lake Elsinore. The Uniform Sign Program
will not result in any significant adverse environmental impacts.
AGENDA In':rJ1 NO.
PACE ~
~
OF ~5
PLANNING COMMISSION RESOLUTION 2008-
PAGE 3 OF 3
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 Lake Elsinore Municipal Code Section 17.82.070, the Uniform Sign
Program has been scheduled for consideration by the Planning Commission at
its regularly scheduled meeting on Apri/15, 2008.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Uniform Sign Program, the Planning
Commission hereby approves Uniform Sign Program No. 2008-01.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 1th day of April 2008, 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
j:~GENDl\ In::r,1 !'W.
PAGE ~
~
'clt::
OF _..L.-
PROJECT NAME:
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
UNIFORM SIGN PROGRAM NO. 2008-01 (CANYON
PLAZA PROFESSIONAL OFFICES)
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 Uniform Sign Program No.
2008-01 for the Canyon Plaza Professional Offices located at 31577 Canyon
Estates Drive (APN: 363-670-009) 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. Prior to issuance of any 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.
4. 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.
5. The applicant shall comply with all requirements of the Riverside County Fire
Department.
6. The Applicant is to meet all applicable City Codes and Ordinances.
7. 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.
8. 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.
AGENDl\ m:~,:j NO. 9
PACE \ 0 OF ~ 5
9. The applicant is to meet all requirements of the Lake Elsinore Unified School
district.
10. All illuminated signs shall use "Halo" lighting.
11. The applicant shall apply for a sign permit and pay appropriate fees for any sign
installed at the project site
12. The location size, 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.
13. Any alteration or expansion of this Design Review shall be reviewed according to
the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal
Code.
14. All exterior sign lighting shall be reviewed and approved by the Director of
Community Development or designee.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
15. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior
to the issuance of a building permit.
16. Any/all applicable fees shall be paid, prior to the issuance of a building permit.
PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY
17. The applicant shall meet all conditions of approval prior to the issuance of a
certificate of occupancy.
fJtGEr~DP~ f"fr:;\f~ r-'~o.
PACE \ \
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OF ~S
CITY OF ~
LAKE ,6,LSiNORI:
V DREAM EXTREMEm
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: Uniform Sign Program No. 2008-01 (Canyon Plaza Professional Office).
Project Location (Specific): The proposed project site is located on the south side of Canyon Estates Drive and
west of Summerhill Drive at 31577 Canyon Estates Drive (APN: 363-670-009).
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
Uniform Sign Program No. 2007-08: The applicant requests approval of a uniform sign program for the
Canyon Plaza Professional Offices located at 41577 Canyon Estates Drive (APN: 363-670-009). The proposed
uniform sign program will include only building mounted signs.
Project review is pursuant to Chapter 17.94 (Signs-Advertising Structures) of the Lake Elsinore Municipal Code
(LEMC).
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, City of Lake Elsinore
Exempt Status:
o Ministerial (Section 15073)
o Declared Emergency (Section 15071 (a))
o Emergency Project (Section 15071 (b) and (c))
[8] Categorical Exemption (state type and section number): Class 11 (a) (On-premise signs)
Reasons why project is exempt:
This project meets the requirements pursuant to Section 15311 (a) (Accessory Structures) of the California
Environmental Quality Act (CEQA). The proposed project consists of on-premise signs.
Contact Person: Justin Carlson, Associate Planner
Telephone Number: (951) 674-3124 x 295
Signed:
Title: Director of Community Development
PACE ~ l.
(
~~: d 5
Rolfe M. Preisendanz
PiGEfJiJPi ITEL:l r~o.
CITY OF ~~
LAKB ,6,LSiNORJ:
~ DREAM EXTREME",
A CKNOWLEDEGEMENT OF
DRAFT CONDITIONS
RE: Uniform Sign Program No. 2008-01 for the Canyon Plaza Professional Offices
located at 31577 Canyon Estates Drive (APN: 363-670-009)
I hereby state that I/We acknowledge the draft Conditions of Approval for the above
named project. I1We 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: o//~t
Applicant's Signature: g,tr ~
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11:15 Pl 'l~o 'p" /I.s~ ~,
(j,{otUlf.1 ell t?"t f~d
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Print Name:
Address:
Phone Number:
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AGENDA ITEM NO.
PAGE ~ ~
~
07 'J S
CITY OF .~
LAKE ,6,LSiNORI
,,~ DREAM EXTREME...
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT:
APRIL 1, 2008
ADDITIONAL PLANNING COMMISSION MEETING ON
APRIL 29, 2008 FOR THE GENERAL PLAN UPDATE
DATE:
PROJECT REQUEST
In consideration and anticipation of the first Public Hearing on April 15, 2008 for the
General Plan Update and that the General Plan Update may require an additional Planning
Commission Meeting; staff is requesting that the Planning Commission consider the
possibility of an additional Meeting on April 29, 2008 in order to provide time for other
projects that require Planning Commission consideration.
RECOMMENDATION
Staff recommends that the Planning Commission consider the request for an additional
meeting, if necessary, on April 29, 2008.
Prepared By:
Rolfe M. Preisendanz, Director of Community Development f)J1---
ACENDA ITEM NO. I 0
PACE I Of ___L.. ...