The URL can be used to link to this page

Home My WebLink About08/05/2008 PC Reports CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA AXEL ZANELLI, CHAIRMAN JIMMY FLORES, VICE CHAIRMAN MICHAEL O'NEAL, COMMISSIONER JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER ROLFE PREISENDANZ, DIR. COMMUNITY DEVELOPMENT WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 471-1419 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ******************************************************************* TUESDAY, AUGUST 5, 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 1 st 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. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Planning Commission. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the Planning Commission Meeting) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item.) (1) Minutes for the Followinq Planninq Commission Meetinq(s) a) May 20,2008 b) July 15, 2008 Recommendation: Approve as submitted. 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). (2) Conditional Use Permit No. 2008-11 and Commercial Desiqn Review No. 2008-08 For a Proposed CUppy'S Coftee Kiosk Located in the Mission Trail Center Joe Bitterolf. Planninq Technician Ext. 291. ibitterolfCCUlake-elsinore.orq Recommendation: a. Waive further reading and adopt a resolution recommending that the City Council make findings of consistency with the MSHCP; and b. Waive further reading and adopt a resolution approving Conditional Use Permit No. 2008-11; and c. Waive further reading and adopt a resolution recommending to the City Council approval of Commercial Design Review No. 2008-08. (3) Conditional Use Permit No. 2008-18 and Tentative Tract Map No. 32013 for Condominium Purposes Linda Miller. Planninq Consultant Ext. 209. Imiller@lake-elsinore.orq Recommendation: Deny the request for Conditional Use Permit No. 2008-18 and Tentative Tract Map No. 32013 for Condominium Purposes. APPEALS(S) (4) Consideration of an Appeal by K. Hovnanian Homes Reqardinq the Community Development Director's Action to Deny a Minor Desiqn Review for the Desiqn of 98 Sinqle Family Homes Within Tract 32337-2 of the La Laquna Estates Specific Plan Area Tom Weiner. Planninq Manaqer Ext. 270. tweiner@lake-elsinore.orq Recommendation: a. Consider the appeal and uphold the Community Development Director's decision to deny the Minor Design Review; or b. Overturn the Community Development Director's decision and approve the Minor Design Review. BUSINESS ITEMS None STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, August 19, 2008, at 6:00 p.m. to be held at 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 of this meeting. ~ -- ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT tJ) hi/a; / DAtE .,.-... MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 20,2008 DRAFT CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the regular Planning Commission meeting to order at 6:01 P.M. PLEDGE OF ALLEGIANCE Commissioner Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA ,..... ABSENT: COMMISSIONER ZANELLI Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director Seumalo, Planning Consultant Miller, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) There were no requests to speak. COMMISSION APPROVED CONSENT CALENDAR ITEMS 1. Reoular Plan nino Commission Meetina Minutes for April 15. 2008 Recommendation: Approval It was moved by Commissioner Flores, and seconded by Commissioner Mendoza to approve Consent Calendar Items. ""...... 1 Agenda # I a.. Page 1 of12 The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza DRAFT '-' NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None PUBLIC HEARING ITEM(S) 2. MitiQated NeQative Declaration No. 2006-03, Tentative Tract Map No. 35869 for Condominium Purposes, Planned Unit Development No. 2008-01, Conditional Use Permit No. 2006-06, and Residential DesiQn Review No. 2006-17 Chairman O'Neal opened the Public Hearing.at 6:05 pm. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Miller to review it with the Commission. '-' Planning Consultant Miller indicated that this is a multi-tiered project to include a Tentative Tract Map No. 35869 for a one (1) lot condominium map with a total of thirty-one (31) units with six (6) unit~ that would be utilized as Mixed Use type units allowing retail, commercial and office use. She stated that the second unit is a Planned Unit Development No. 2008-01, which is a process that establishes a creative mix of uses within an area that is smaller than generally appropriate for a Specific Plan. She noted that this project would also have a recreational facility that would serve both sections. She noted that a Conditional Use Permit is necessary because the project site is located within Future Specific Plan Area "I" that allows for Interim Development. She indicated that the last "piece" of the review is Residential Design Review No. 2006-17, which includes the construction of eight (8) buildings, a recreational facility and associated improvements on a 2.7 net acre vacant lot. She stated that staff recommends that the Planning Commission recommend to the City Council adoption of the Mitigated Negative Declaration No. 2006-03, Planned Unit Development No. 2008-01, Tentative Condominium Map No. 35869, Residential Design Review No. 2006 -17 and approve Conditional Use Permit No. 2006-06 based on the Findings, exhibits, and subject to the conditions of approval. She noted that the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested Matthew Fagan, applicant to the podium. ......., 2 Agenda # I a. Page 2 of 12 DRAFT /"", Matthew Fagan spoke in favor of the project and indicated that he is representing the owners of the project, Ron and Dana Jiron. He indicated that he agrees to the Conditions of Approval. He requested clarification to Condition #6. Chairman O'Neal closed the Public Hearing at 6:15 P.M and brought the discussion back to the dais. Commissioner Flores noted that Planning Consultant Miller did an excellent job on her presentation. He requested clarification on the proposed Lakeshore (Lake Edge District) Overlay boundaries. Director of Community Development Preisendanz noted that this project would be within the Lakeshore Overlay District, per the General Plan, which would include all properties within the lake area. Commissioner Mendoza stated that he likes the monument design and appreciates comments from the staff. Vice Chairman Gonzales requested clarification on the signage of the business. Planning Consultant Miller stated that the applicant was going to submit a sign program, to come back to the Commission at a later date. ~ Vice Chairman Gonzales requested clarification on the fencing between the drainage ditch and the condominiums. Matthew Fagan stated that it would be a 6-foot wall. Chairman O'Neal indicated that it is this is a great project. It was moved by Commissioner Flores, and seconded by Commissioner Mendoza to adopt Resolution No. 2008-49, recommending to the City Council of the City of Lake Elsinore adoption of Mitigated Negative Declaration No. 2006- 03. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Zanelli ABSTAIN: None ,-. 3 Agenda # I CA Page 3 of 12 DRAFT It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to approve and adopt Resolution No. 2008-50, recommending City "'WfI/I Council of the City of Lake Elsinore, California, adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commercial Zanelli ABSTAIN: None It was moved by Commissioner Mendoza, and seconded by Commissioner Flores to approve and adopt Resolution No. 2008-51, recommending to the City Council of the City of Lake Elsinore, California, approval of Planned Unit Development No. 2008-01. The following vote resulted: ......" AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None It was moved by Commissioner Gonzales, and seconded by Commissioner Mendoza to approve and adopt Resolution No. 2008-52, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2006-06. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza ~ 4 Agenda # I C\. Page 4 of 12 ,...... DRAFT NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None It was moved by Commissioner Mendoza, and seconded by Commissioner Flores to approve and adopt Resolution No. 2008-53, recommending to the City Council of the City of Lake Elsinore, California, approval of Tentative Tract Map No. 35869 for condominium purposes to be located at 15712 Grand Avenue. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ,...... ABSTAIN: None It was moved by Vice Chairman Gonzales, and seconded by Commissioner Mendoza to approve and adopt Resolution No. 2008-54, recommending to the City Council of the City of Lake Elsinore, California, approval of Residential Design Review No. 2006-17. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None 3. Zonina Ordinance Text Amendment No. 200S..()3 (Desian Review Extension of Time). ,...... 5 Agenda # I ct Page 5 of 12 DRAFT Chairman O'Neal opened the Public Hearing at 6:28 P.M. and requested the reading of the Staff Report. """'" Planning Manager, Tom Weiner indicated that this request is for the Planning Commission to recommend to the City Council a Zoning Ordinance Text Amendment that would modify a portion of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (L.E.M.C.) He noted that neighboring communities have adopted guidelines allowing extensions of development approvals for periods between three (3) to five (5) years. He stated that the proposed changes to the existing LEMC guidelines include, an expiration period of two (2) years from the date of approval; the provision of a one (1) year administrative extension that could be granted by the Director of Community Development and the provision of an additional one (1) year extension by the approving body, with a total maximum extension period of four (4) years. There being no speakers, Chairman O'Neal closed the Public Hearing at 6:30 P.M. and brought the discussion back to the dais for Commissioners comments. Commissioner Mendoza noted that this is a great modification to the Ordinance and will help with projects in the future. Vice Chairman Gonzalez concurs with Commissioner Mendoza. Commissioner Flores asked if there are any additional costs during the extension period. ..." Planning Manager Weiner stated that if there were to be any additional costs, they would be minimal. He noted that staff would use existing development deposit funds. Chairman O'Neal requested the reading of the Resolution. It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to approve and adopt Resolution No. 2008-55, recommending to the City Council of the City of Lake Elsinore, California, approval of Zoning Ordinance Text Amendment No. 2008-03 and the adoption of the Negative Declaration therefore. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None '" 6 Agenda # J <A. Page 6 of 12 ,,-.., DRAFT ABSENT: Commissioner Zanelli ABSTAIN: None 4. General Plan Update and Environmental Impact Report Chairman O'Neal opened the Public Hearing at 6:32 P.M. Director of Community Development Preisendanz indicated that this item is to present an update of the General Plan Update and Environmental Impact Report. He indicated that staff has requested additional time to complete the update. He noted that he would like to propose five (5) new items to the Commission which he requested to be continued off calendar to an undetermined date. ",-.. He requested the Planning Commission's attention to a letter that he received titled "urgent action required", which was circulated by an anonymous author. He noted that the letter states that City staff is requesting Planning Commission approval of the General Plan this evening, and notes that this information is incorrect. He stated that staff is currently working on obtaining additional analysis and will be coming back to the Commission at a later date. He further requested additional fine tuning in the Land Use Plan, for the purpose of topographical considerations that have been raised by the Planning Commission and the public. Director of Community Development Preisendanz stated that staff has received phone calls pertaining to legal property lots, especially within Country Club Heights. He stated that the City continues to respect those lots. He stated that the Land Use that is being proposed on these areas is for new sub-divisions. He stated that the first item that he suggested to the Commission is the idea of Land Use "fine tuning". He noted that this is due to the contours and variations in the topography of land throughout the City, especially within the Country Club Heights District. He noted that staff would carefully "fine tune" the preferred Land Use Plan by performing extensive site visits. Director of Community Development Preisendanz also spoke of Land Use changes that he proposed to the Commission that addressed the development of custom homes adjacent to the lake along Lakeshore Drive. He stated that staff has identified a need to create a new Land Use designation for the area generally located between Cowell and Lowell Street along Lakeshore Drive. He stated that the proposed new Land Use designation would be included in Chapter 2 in the General Plan and would be entitled "Lakeside Residential." He noted the description, which he read for the record; ",-.. This designation provides for custom single family homes that provide orientation and accessibility to the lake for private use only. Residential densities for new 7 Agenda # J 0... Page 7 of 12 DRAFT Floor Area Ratio (FAR) and lot coverage shall be calculated on the area of the properly remaining above the "Ordinary High Water Mark': "W/1' He noted that this is a draft, based on public and Planning Commission input. He spoke of the second area of Land Use fine tuning which would be located north of the intersection of Gunnerson and Pinnell Street and staff is recommending a low medium density residential which would allow three (3) to six (6) dwelling units per acre. The third area of "fine tuning" that Director of Community Development Preisendanz spoke of, was pertaining to APN numbers 375-342-017, 020 & 021 to be designated as Neighborhood Commercial and the areas that are identified as 375-344-003, 004, 010, 012, 013, and 015 thru 019 be designated Residential Mixed Use. He stated that the purpose is to provide some Neighborhood Commercial within the Country Club Heights area and continue that type of use from that point, to Chaney Street. Lastly, he spoke of the property at the intersection of Lakeshore Drive and Machado Street, and other retail venues in the area. He stated that staff is recommending that the properties east of Clement Street along Lakeshore Drive to the existing Stater Brother's Shopping Center be designated Neighborhood Commercial. ~ Director of Community Development Preisendanz again clarified that this project would be coming back to the Commission at a later date as a Public Hearing and would be noticed properly. Brian Dahl, resident spoke of his commercial property along Lakeshore Drive. Director of Community Development Preisendanz indicated that this area is best served as Neighborhood Commercial because it would serve the neighbors in that area. Mr. Dahl noted that the area is currently zoned as Commercial Park, which is very restrictive for the type of building that he owns. Terry Thielen, property owner noted the lack of sewer, and the septic tanks that are leaking into the lake. Director of Community Development Preisendanz indicated that he could build on his lot if he meets all of the standards. He noted that one of the standards is that he would need to provide some type of sanitary system. He noted that having a sewer line would be the best idea; however identified that the cost is prohibited. John Outhuijse, resident spoke of the property along Riverside Drive. He stated that he is the owner of the "Outhouse" & Camp Ground and requested clarification on the zoning. Director of Community Development Preisendanz stated that the City is looking at having the area zoned as Commercial, up to the Jack in the Box, and noted that the current proposed General Plan Update Land use designations is Residential Mixed Use, which is not appropriate for that area. 8 Agenda # I a.. Page 8 of 12 "W/1' DRAFT ,."........ Director of Community Development Preisendanz noted that staff would take a look at the property and see what could be done. Rosemarie Cincinelli-Stevens, property owner indicated that she received a copy of a flyer and is greatly upset. She stated that she has written a letter to the City; however chooses not to read it for the record. She further stated that Director of Community Development Preisendanz answered most of her questions. She suggested to the Commission to notify as many property owners as possible of any changes. Josh Campbell, property owner asked why the City would want to change his lot designation. Chairman O'Neal clarified that his lot would not change as it is legal non-conforming. Josh Campbell noted that he would like to see services provided to that area. Hardy Strozier, representing Mr. Joe Huband stated for the record that he appreciates the direction that staff is taking with the General Plan Update and how this will resolve many future issues. He requested to meet with staff to discuss the Lake Edge District, TTM 32786; Centex Homes land lock issues, and the Country Club Heights area. Director of Community Development Preisendanz indicated that he could meet with him at a later date. ,."........ Paul Castagno, resident spoke of the changes to the General Plan Update, however some of the questions remain unanswered. He spoke of the changes to the Lakeshore Overlay District, camping along the beach, and weed abatement. He noted that the City is continuing to obstruct development along Lakeshore Drive, which doesn't make sense for the community. He also noted that decisions are delayed when property owners want to be involved in the upgrade of the lake, and decisions are made behind closed doors. He stated that his recommendation is to send the General Plan Update back to staff for redesign. Moises Pabon, resident asked if there have been any zone changes regarding his auto repair shop off Hwy 74. Director of Community Development Preisendanz indicated that this would be discussed at the next meeting. Elbert Smith, 4491 E. Ridge Gate, Anaheim, thanked the Commission for reconsidering the property along Lakeshore Drive by proposing it to Neighborhood Commercial. He advised the Commission that he is not a resident of the area, but frequently visits Lake Elsinore. He indicated that he would like to see more tourist developments for the lake. He also spoke of his business that he had in Lake Elsinore and how he tried to improve the property, but indicated that he did not feel that he received any encouragement from city staff, and eventually had the structure removed. ,."........ Dennis Fahey, resident stated that he is very happy to see the changes. He asked if he could merge his lots. Director of Community Development 9 Agenda # I C\. Page 9 of 12 DRAFT Preisendanz indicated "Yes". Mr. Fahey also spoke of the FEMA website that has a manual of what could be built within the flood plain. ,...., Chairman O'Neal requested a short recess at 7:38 P.M. and reconvened at 7:49 P.M. Joseph Banyan thanked the Commission for re-zoning his property at the corner of Flint and Spring Streets. He raised questions regarding the Land Uses along Spring Street. Chairman O'Neal requested that Mr. Banyan discuss this with Director of Community Development Preisendanz at a later date. Jose Sanchez, resident spoke of his properties within the City. He spoke of the two businesses that he owns along Hwy 74 and stated that the facility has been grandfathered in since 1971. Director of Community Development Preisendanz stated that the some residents had concerns with Land Uses in the area. He noted that staff would like to take a closer look at the frontage in that area. Steven Miles, Irvine, CA representing Castle & Cooke and Mr. Huband, thanked staff and the Commission for the Land Use changes. He provided a written transcript of the April 29th presentation to the Planning Commission, which he submitted for the record. He noted that earlier in the month, Castle & Cooke submitted a Traffic and Land Use document that addressed Pac Clay & the Ridge 400 property. He asked staff if there has been any progress. He indicated that he would be available for discussion. Director of Community Development Preisendanz stated that he would be able to meet with Mr. Miles in the near future. Mr. Miles also pointed out the clarification on the legal lots. He asked the Commission if they would be open to additional policy language that would help resolve concerns with the hillside residents. Chairman O'Neal advised Mr. Miles to draw up a proposal, and submit it to Deputy City Attorney Santana. ""'. Chairman O'Neal requested any additional speakers. There being no further requests to speak, Chairman O'Neal closed the Public Hearing at 7:59 P.M. and requested a motion for continuance. It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to continue the General Plan Update off Calendar, in order to allow staff additional time to analyze the entire scope of requests, and concerns heard to date. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza ,...., 10 Agenda # , 0..... Page 10 of 12 r" NOES: None DRAFT ABSENT: Commissioner Zanelli ABST AI N: None BUSINESS ITEM(Sj There were no business items. INFORMATIONAL No information provided. STAFF COMMENTS Director of Community Development Preisendanz commented on the following: 1. He spoke of the Budget Study Session taking place on Thursday, May 22nd at 5:00 at the City's Cultural Center. PLANNING COMMISSIONERS' COMMENTS ~ Commissioner Flores commented on the following: 1. He commented on how well staff reviewed the projects and how well staff works with the public. 2. He spoke of Paul Castagno's comments, and indicated that his dreams could be fulfilled as long as he can meet the requirements. Commissioner Mendoza commented on the following: No comments. Vice Chairman Gonzales commented on the following: No comments. Chairman O'Neal commented on the following: No comments. ADJOURNMENT r--- A motion was made by Commissioner Flores, seconded by Commissioner Mendoza to adjourn the May 20, 2008 regular Planning Commission Meeting at 8:05 P.M. 11 Agenda # J ~ Page 11 of 12 DRAFT .~ MICHAEL O'NEAL, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, KRISTINE HERRINGTON OFFICE SPECIALIST III ATTEST: ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT ~ ....." 12 Agenda # I 0... Page 12 of 12 ",,-... MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 15, 2008 DRAFT CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:03. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ",,-... ABSENT: NONE PUBLIC COMMENTS Douglas Norfolk, resident spoke of concerns with trespassing at Whisker's Beach. He indicated that the City's Code Enforcement is aware of the situation; however he is concerned with the public's safety, illegal dumping and burning of debris. STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Assistant City Attorney Mann, Public Works Director/City Engineer Seumalo, Fire Department Davidson, Associate Planner Resendiz, Associate Planner Carlson, Planning Consultant Miller, Planning Technician Bitterolf, and Office Specialist Porche. PRESENTATION (Non-Agenda Items) ,....... 1. City Clerk, Vivian Munson gave a brief presentation on formatting changes to the Planning Commission Agenda and to the staff reports. She also discussed a new 1 Agenda Item # J b Page 1 of 13 DRAFT law, 58 343 that passed on July 1 st, 2008 which requires any documents that relate to an agenized item for open session, and that is distributed within 72 hours of the '-" meeting, must be made available for public inspection at the time it is distributed to the legislative body. Commissioner Flores asked for clarification on Conditions of Approval. City Clerk Munson indicated that the City has a policy that the Conditions of Approval are signed by the applicant and attached to the staff report. Director of Community Development Preisendanz concurred. He indicated that normally the acknowledgement of conditions is attached to the staff report, however sometimes there is a situation where they have not signed the acknowledgement agreement and would bring it to the meeting. He also requested clarification on the handling of petitions. City Clerk Munson commented that are two items that need to be addressed. She stated that if the individual who is turning in the petition can provide at least one copy so that the pubic can view it at the meeting and then have a copy turned into the City Clerks Office for the record. Commissioner O'Neal asked the City Clerk how the signatures are verified validity. Director of Community Development Preisendanz indicated that it would take some research. He stated that he is not sure that the City could validate any petition. "-' Commissioner Mendoza suggested having a statement attached to the document stating that staff does not validate the signatures on the petition. Chairman Zanelli requested the City Clerk to provide a response from the City Attorney advising the best way to proceed on validation of petitions. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO. 2 AND PULLED ITEM NO.3 FOR FURTHER DISCUSSION The following items were listed on the Consent Calendar for Planning Commissioner approval: 2. Reaular Plannina Commission Meetina Minutes from Julv 1. 2008 Recommendation: Approve as submitted. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to approve the consent Calendar Item No.2. '-". 2 Agenda Item # / b Page 2 of 13 ~ DRAF'r The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: None ABSENT: ABSTAIN: None None 3. Minor Desion Review of a Sinole Familv Residence located at 1502 W. Heald Avenue Planning Consultant Miller noted the request from Vice Chairman Flores to review the language in Condition No. 51. ~ Vice Chairman Flores requested clarification on the language of Condition No. 51 which discusses street improvements. He stated that he has requested an explanation on the construction of all public work improvements and if that includes the concrete sidewalks, curbs, gutters and existing pavement. Director of Public Works Seumalo noted that all street improvements within the right- of-way include curbs, gutters, sidewalks and pavement. Vice Chairman Flores requested that the Conditions should clarify the construction. Chairman Zanelli requested the applicant to approach the podium. Don Letty, representing the applicant stated that he agrees to the Conditions of Approval with the modifications. A motion was made by Commissioner O'Neal, seconded by Vice Chairman Flores to adopt Resolution No. 2008-61, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Minor Design Review of a Single Family Residence located at 1502 W. Heald Avenue. The following vote resulted: /""'. AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES 3 Agenda Item # I b Page 3 of 13 NOES: COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL None DRAFT '-' ABSENT: None ABSTAIN: None PUBLIC HEARING ITEM(S) 4. Conditional Use Permit No. 2007-18 and Commercial DesiQn Review No. 2008-06 to establish a ''Tackle & Bait" shop in coniunction with a convenience store as well as related on site improvements Chairman Zanelli opened the Public Hearing at 6:20 P.M. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Associate Planner Carlson to review it with the Commission and answer questions. He noted that the item had been continued from the April 1st, 2008 Planning Commission Meeting. He stated that there were two items that the Commission requested staff to follow up on. He stated that they were added to pages 3 of 42 of the staff report. Associate Planner Carlson provided the reading of the staff report and indicated that the applicant is available to answer any questions that the Commission may have. ""'" Chairman Zanelli requested the applicant to approach the podium. Judy Wilson, 22420 Pentel Drive, Canyon Lake indicated that she did not receive the staff report until Monday afternoon. She noted that the staff report is inaccurate. She noted that she has permits showing that the business has been on going and that the City has approved renovations which were approved on August gtfi, 2007 by Planning Manager Weiner. She was told at that time that a Conditional Use Permit was not necessary. She provided an affidavit which was hand delivered to the Commission. She indicated that the affidavit was from Mr. & Mrs. Stokes, who originally owned property. She also spoke of the traffic and indicated that the traffic is regulated by the signal. Chairman Zanelli noted that Ms. Wilson had a large amount of documentation and noted that this has been going on for a long period of time. He indicated that there is some confusion that could go back as far as twenty years. He stated that he could not be responsible for what happened twenty years ago and that there have been multiple code changes within the past twenty years. He stated that that should the applicant wish to go through all of the submitted documentation, then the Commission would need to continue the project in order to review the documents. ....." 4 Agenda Item # / b Page 4 of 13 DRAFT ,,-.., Judy Wilson asked about the business that is currently there. Director of Community Development Preisendanz asked Ms. Wilson if she has a current business license. Ms. Wilson stated "Yes". Director of Community Development Preisendanz stated that the City would honor that business license through the year and may need to look at changing the City's policy as the Planning Division does not currently look at subsequent business license renewals. Commissioner O'Neal suggested that the Commission listen to all of the public speakers and then make a decision to accept the project, deny, or continue the project. Rodney Neilson, applicant, stated that when they first started doing this project the Stokes had lost the property and they bought it with the understanding that a restaurant would be built. He stated that they provided a plan and the City showed them how to fix the building. He stated that they finally opened the business and he stated that the City came in and made them sell it. He stated that he is now at the point where he would like to open the restaurant back up and can't understand why he has had all these problems for so many years. /"" Director of Community Development Preisendanz stated that one of the concerns is that the City has an application for a CUP and a Commercial Design Review. He stated that fees were submitted for this application and stated that these fees are part of a cost recovery system (CRS). He stated that the balance of the deposit is now negative and every time staff works on this project, the more money is being charged to the CRS. Tim Fleming, resident, stated that he has been asked to speak on behalf of the owner of W2W, Denise Fleming. He noted that he is furious with the information contained in the staff report for the item No.4. He noted that the CUP is a stand alone application for a tackle and bait shop at that property only. He asked why W2W has been compared to the applicant's request. He also asked as to why personal information was in the staff report included Denise Fleming's social security number, driver's license number, and her maiden name, all available for public view. Furthermore, he stated that W2W business license has never expired and has been renewed every year since 2004. He stated that he demands to know who is responsible for this inappropriate response and breech of confidential information. Commissioner O'Neal apologized to Mr. Fleming for this oversight. Director of Community Development Preisendanz also apologized to Mr. Fleming. .r'" Scott Munson, resident, spoke in opposition of the business. He stated that the owner indicates that the structure is being used as a management business. He stated that he currently lives within eye view of the establishment and that the only business that happens are yard sales. He stated that the yard sales add traffic to the area, and lasts for days. He stated that he is concerned with the children crossing the street and the use behind the store. He indicated that he believes that 5 Agenda Item # I b Page 5 of 13 DRAFT this bait and tackle shop is going to drag more people up the beach and cause traffic havoc along Lakeshore. He stated that if a store should open there, it will be just a matter of time before someone gets injured. ....." Richard Knapp, resident, spoke in favor of the project. He requested Commission re-think the project as small businesses are what makes the City grow and bring revenue to the City. Scott Slesinger, resident, spoke in opposition of the project. He stated that he does not feel that it would be safe for the business to open. Chairman Zanelli noted the complaints received and indicated that most of the applicant's documentation was received at the last minute. He suggested that the Commission have more time to review the newly submitted information. Chairman Zanelli brought the discussion back to the Commission for comments. Commissioner O'Neal read a portion of the staff report to the Commission outlining paragraph two (2) on pages 4 of 42. He asked the City Attorney if this statement has any impact. City Attorney Mann indicated that the Statue of Limitations have run out. He stated further that the problem here is the passage of time with that legal claim. Commissioner O'Neal made a motion to deny the project based on staff's recommendations. ....." Commissioner Gonzales noted that the light on the corner of Lakeshore is basically green all the time, unless it is triggered by the sensors. He stated that it would not control the traffic. He also suggested having a cross walk at the front of Jewarski's. Commissioner Mendoza agreed with the Commission. He stated that all small businesses must also comply with the Municipal and Zoning codes and the applicant shouldn't wait twenty years before something comes up. Vice Chairman Flores thanked the applicants for coming to the meeting. He also apologized to Mr. Fleming on the personal information regarding his wife. He concurs with the Commission to deny the project. Chairman Zanelli closed the Public Hearing at 7:00 P.M. A motion was made by Commissioner O'Neal, seconded by Commissioner Mendoza to deny Conditional Use Permit No. 2007-18 and Commercial Design Review No. 2008-06 to establish a "Tackle & Bait" shop in conjunction with a Convenience Store as well as related on site improvements. The following vote resulted: ....." 6 Agenda Item # I b Page 6 of 13 ~ AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales None DRAFT NOES: ABSENT: None ABSTAIN: None 5. Conditional Use permit No. 2008-13: A request to establish and operate a church within an existing buildinQ located at 18421 Collier Avenue Director of Community Development Preisendanz introduced Item No. 5 and requested Associate Planner Carlson to provide a brief overview of the project. Associate Planner Carlson read the staff report to the Commission and indicated that he would be available to answer any questions that the Commission may have. He noted that the applicant was present. "..... Planning Manager Weiner addressed Commissioner O'Neal's question regarding the concern with the Commercial Manufacturing Zone. Director of Community Development Preisendanz added that when you have a use in the Commercial Manufacturing Zone, staff wants to be sure that a use does not expand beyond what it is allowed. Chairman Zanelli requested the applicant to approach the podium. Brian Johnston, resident, and applicant for the project indicated that staff has done a great job assisting him with his project. Chairman Zanelli opened the Public Hearing at 7:11 P.M. and requested any public speakers. There being no public speakers, Chairman Zanelli brought the discussion back to the dais. Commissioner Gonzales asked Mr. Johnston how many members are in the congregation. Mr. Johnston indicated that there are approximately 300 members. Commissioner Gonzales indicated that the project is great and had no more questions. Commissioner Mendoza thanked the applicant, and noted that this is a good project. ~ Vice Chairman Flores also thanked him and wished him the best. 7 Agenda Item # , b Page 7 of 13 DRAFT Chairman Zanelli closed the Public Hearing at 7:16 P.M. and requested a motion and a reading of the Resolutions. ....., A motion was made by Commissioner Mendoza, seconded by Vice Chairman Flores to adopt Resolution No. 2008-62, a Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None ABSTAIN: None A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal to approve Conditional Use Permit No. 2008-13 and adopting Resolution No. 2008- 63, a Resolution of the Planning Commission of the City of Lake Elsinore, CA. ....., The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None ABSTAIN: None 6. Commercial DesiQn Review No. 2008-02 to establish a Commercial Retail Center located at 31800 Mission Trail Chairman Zanelli opened the Public Hearing at 7:15 P.M. and requested the reading of the staff report. ...,. 8 Agenda Item # , b Page 8 of 13 DRAFT ,...... Director of Community Development Preisendanz introduced the item and indicated that Associate Planner Resendiz would provide a brief presentation to the Commission. Associate Planner Resendiz gave a brief presentation to the Commission and indicated that the applicant is available to answer any questions that the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Timothy Smith, Moreno Valley and Joe Polanski of Coto De Casta, both applicants for the project thanked staff for their assistance with the project. Chairman Zanelli requested any public speakers to speak either for or against the project. There being no speakers, Chairman Zanelli brought the discussion back to the dais for Commissioner's comments. Chairman Zanelli asked the applicants if they agreed to the Conditions of Approval. Mr. Smith and Mr. Polanski both agreed with the Conditions. ,...... Commissioner Mendoza welcomed the applicants to the City. Vice Chairman Flores noted how well the project looks. He spoke of concerns with the circulation and parking. He asked about the length of the driveway and requested Norman Davidson with the Fire Department about the turn-around. Norman Davidson, Fire Department stated that he reviewed the plans with regards to the minimum parking standards for Fire Department. He stated that he found that they met the minimum requirements for an engine to turn around. Vice Chairman Flores recommended that the item be continued so that the applicant could re-configure the ingress/egress. Commissioner O'Neal did not have a problem with the turn-around. Commissioner Gonzales concurred with Vice Chairman Flores's concerns of the ingress/egress. He suggested on having another exit. He like the architectural design however suggested another access to the rear. ,...... Bill Allen, Riverside, noted that they have re-designed this project to conform to the setbacks. He stated that he has had numerous meetings with staff and they all concurred that the best thing to do is to put loading zones to the rear. He noted that there is circulation in the rear. He stated that after several meetings with staff, this was the best looking and best traffic flow that they could come up with. 9 Agenda Item # J b Page 9 of 13 DRAFT Chairman Zanelli asked the angle of the driveway. Mr. Allen indicated that ADA "-'If requires less than a 2% along with the ramp on the other side. Mr. Smith noted that they may lose parking stalls if they re-configure the driveway. Chairman Zanelli closed the Public Hearing at 7:32 P.M. and requested a motion. A motion was made by Commissioner O'Neal, seconded by Commissioner Mendoza, adopting Resolution No. 2008-64, recommending to the City Council of the City of lake Elsinore, adopting Findings consistent with the Multiple Species Habitat Conservation Plan (MSHCP) for the Commercial Design Review Development located at 31800 Mission Trail. The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None "-'If ABSTAIN: None A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal, adopting Resolution No. 2008-65 and recommending to the City Council of the City of lake Elsinore, approval of Commercial Design Review No 2008-02 to allow for the design and development of a 22,770 square foot commercial retail center located on 1.8 net acres of land at 31800 Mission Trail. The following vote resulted: AYES: Chairman Zanelli Commissioner O'Neal Commissioner Mendoza NOES: Vice-Chairman Flores Commissioner Gonzales ABSENT: None ABSTAIN: None ....." 10 Agenda Item # 1 b Page 10 of 13 ,--. STAFF COMMENTS DRAFT Public Works Director Seumalo commented on the following: · He spoke of the interchange project at 1-15 and Hwy 74, and indicated funding was approved by Riverside Transportation Commission for two-million dollars. He indicated that the City has three-million dollars in the CIP fund, so the plans could go out for bids starting next week and award sometime in August or September. · He spoke of the Fire Station at Rosetta Canyon. He indicated that he is hoping to award the bid on July 22nd. · He spoke of the Allen Street project that is completed and functioning. The residents of Allen Street submitted a claim to the City for damages and he stated that he has been working with the claims adjuster. · He spoke of State Route 74. He stated that he has not received a recent update but the last time he read, Assemblyman Jeffries Website stated that it was moving forward. · Commissioner Gonzales asked Mr. Seumalo about putting a cross walk by the bait shop across from the fishing area. Mr. Seumalo stated that he would ask the City's Traffic Engineer to conduct a study, however he indicated that he does not support uncontrolled cross-walks, but would look into putting one in that area. · He spoke of staff working on signs for the "Old 395" road which would be at the ",-- beginning of Main Street at Lakeshore, and Main Street at Flint and an additional sign in front of the Cultural Center and one in front of City Hall. He noted that there would be an additional sign at Franklin with a double arrow sign saying "Historic 395". Director of Community Development Preisendanz commented on the following: · He stated that he is looking forward to working with the Commission and wished every one a great year. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: · Spoke of the "Old 395" road is now running down Main Street. · He spoke of a rumor that he heard regarding the City of Beaumont which has decided not to give the County all of their TUMF fees. Commissioner Mendoza commented on the following: · He spoke of the presentation that was conducted by the City Clerk and requested that all of the attachments remain in the same place as before. He indicated that ,--. they are very helpful to him and if he does not see them in the normal spot, it may get overlooked. 11 Agenda Item # l.b Page 11 of 13 DRAFT . He inquired about the colors of the Holiday Inn. Director of Community Development Preisendanz indicated that the colors on the building were '-" approved. He noted that it is difficult going back once the project has been approved. Vice Chairman Flores commented on the following: . He thanked staff for all of the information that staff has provided to the Commission. . He spoke of the "Summerly" housing project off Malaga and how the area is overgrown with weeds. He suggested having the Code Enforcement Department look into contacting the owner to help clean up the area. . He complemented Chairman Zanelli for the outstanding job on his first day as serving as Chairman of the Commission. Chairman Zanelli commented on the following: . He thanked the Commission for assisting him with his first meeting as chairman. ADJOURNMENT '-" A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal to adjourn the July 15th, 2008 Regular Planning Commission meeting at 7:49 P.M., located at 183 N. Main Street, Lake Elsinore, CA. 92530. AXEL ZANELLI, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: ....." 12 Agenda Item # I b Page 12 of 13 ~. ,-... ~, DRAFT ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 13 Agenda Item # J b Page 13 of 13 ,.- CITY OF ~ LAIQ:: ,6,LSiI10~ ~~ 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: AUGUST 5, 2008 JOSEPH BITTEROLF, PLANNING TECHNICIAN PREPARED BY: ~ PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2008-11; COMMERCIAL DESIGN REVIEW NO. 2008-08; FOR A PROPOSED CUppy'S COFFEE KIOSK LOCATED IN THE MISSION TRAIL CENTER (APN'S: 363-172-022) BRETT CAMACKlPETER NOLL, CCN ARCHITECTURE, 210675 TREENA STREET #101, SAN DIEGO, CA 92131 SEAN POURTEYMOUR, MIRAMAR WEST LLC, 437 LA JOLLA VILLAGE DRIVE # 850, SAN DIEGO, CA 92122 APPLICANT: OWNER: PROJECT REQUEST The applicant is requesting a Conditional Use Permit and Design Review consideration for the design and construction of a 260 square-foot Cuppy's Coffee kiosk building with double drive-through lanes within the existing Mission Trail Center. The project site is located within the C-1 (Neighborhood Commercial District) Zoning district and has a General Plan designation of General Commercial. Review is pursuant to Chapter 17.44 (C-1, Neighborhood Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.38 (Non- Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). ,-., ACENDA ITEM NO. PACE I 2- OF 2~ Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5,2008 Page 2 .......,. PROJECT LOCATION The project site is generally located approximately a quarter-mile south of the Diamond Drive and Mission Trail intersection, within the Mission Trail Shopping Center. BACKGROUND On April 8, 2008 the applicant submitted an application for a Commercial Design Review and a Conditional Use Permit (CUP). The Commercial Design Review is required to ensure that all projects conform and are consistent with the City's General Plan Architectural Design Guidelines. The Conditional Use Permit is necessary to allow for the proposed drive-through windows. A letter of incompleteness was sent to the applicant, on April 20th, outlining that additional information was needed to complete the review of the proposed project. Staff held the first Design Review Committee (DRC) meeting with the applicant on June 10th, where staff discussed concerns regarding; the American Disability Act (ADA) requirements; parking issues; trash enclosure requirements and location; enhancing the architecture of the building by adding a stone base and stucco-to match the existing shopping center; and trellis porte cocheres over the two drive-through windows, walk-up window and employee entrance to the building. ...., Upon receiving the first set of revisions, Staff reviewed the proposed plans for consistency with the established LEMC and the General Plan. Staff worked diligently with the applicant to address several substantive comments on the proposed architectural design elements, landscaping, parking and circulation. Subsequently, staff met with the Applicant for a second DRC meeting July 10, 2008 to address further concerns regarding circulation for the drive-through lanes and architectural enhancements, that would further enrich the overall development and create an aesthetically pleasing and well balanced site. The applicant agreed with staffs recommendations and resubmitted plans on July 31,2008 indicating the requested revisions to the site plan and building elevations, which include canvas canopies at the drive-through windows and walk-up window. ENVIRONMENTAL SETTING Commercial C-1 (Neighborhood Commercial District) C-1 (Neighborhood Commercial General Commercial Project Site North Retail Center General Commercial ......" AGENDA ITEM RO. DM~r 2- 2- :' '7 ;)., t, Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5, 2008 Page 3 /""' South Commercial C-2 (General Commercial General Commercial District East Commercial C-2 (General Commercial General Commercial District West Commercial East Lake Specific East Lake Specific Plan Plan PROJECT DESCRIPTION Sitinq The applicant is proposing to install a two-hundred and sixty (260) square-foot pre- fabricated single-story kiosk with two (2) drive-through lanes with a window located each side of the building. The proposed kiosk will be setback from the right-of-way a minimum of seventy feet (70') with new and existing landscaping and the two (2) proposed drive- through lanes in between. /""' Onsite Circulation & Parkinq The proposed Cuppy's Coffee kiosk will be located within the existing Mission Trail Center, which has two (2) existing points of ingress/egress located off of Mission Trail. The two (2) access points located along the west property line take access from Mission Trail. All parking spaces will be designed at 90-degree angles and wiJI be nine-feet (9') in width and eighteen-feet (18') in length. Furthermore, the onsite parking for the proposed use and the existing retail center meet the minimum requirements described in Chapter 17.66 of the L.E.M.C. The primary access point for the Cuppy's Coffee kiosk will be taken via an approximate twenty-eight foot (28') "main" drive-aisle that enters the property from the southern driveway. The primary drive-through lane will enter from this drive-aisle and will be serviced by the south drive-up window then exit onto the drive-aisle to the east of the building. The secondary drive-through lane will enter on the drive-aisle to the east of the building, being serviced by the north drive-up window, and exit onto the "main" drive-aisle approximately thirty feet (30') from the public right-of-way. Architecture /""' The applicant is proposing a "Contemporary Tuscan" architectural style that is consistent with the architecture seen throughout the existing Mission Trails Shopping Center. This proposed architecture was approved by both the Planning Commission and City Council and provides a common theme with distinct elements that can be found throughout the center. AGEf>JDA ITEM NO. PACE ~ 2- OF ~.<.o Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5, 2008 Page 4 ....., The north, west, and east elevations will be similar and will include a stone veneer band creating a base to the building and will have a stucco finish. The walk-up window and both drive-up windows will have awnings over them, providing relief from the elements while enhancing the architecture of building by "breaking-up" the flat wall planes of the building. A condition of approval has been added that requires the applicant to provide awnings with a minimum dimension of twenty-four to thirty-six inches (24"-36") from the architectural detail that the awning is located on and that the Director of Community Development shall approve of the final awning design. The east elevation (facing Mission Trail) will be screened by the proposed landscaping in order to screen the employee entry door and the utility meter located on that elevation. The stone band found on the other elevations will also be utilized on the east elevation providing architectural consistency for the building. Please note that a Condition of Approval has been added that will require the applicant to architecturally screen all outdoor equipment, whether it is ground or roof mounted. The building will have a parapet roof with decorative elements that will offer some articulation on the roofline, further enhancing the look of the structure. Staff has also added a condition of approval requiring that the applicant submit a Sign Program Amendment to include the Cuppy's Coffee signage in the sign program. Landscapinq & Gradinq ....., Staff has been working with the applicant during the design review process with different aspects of the project that have altered the site plan, which consequently, prompted significant changes to the landscape and preliminary grading plans. Therefore, the applicant has been conditioned to submit the final grading and landscape plans prior to obtaining building and grading permits. Colors and Materials The applicant is proposing to incorporate the colors and materials found throughout the existing shopping center. Staff has added a condition of approval that states that the trash enclosure be finished with the approved wall colors and materials to match the Cuppy's Coffee building. The materials and colors for the proposed Cuppy's Coffee are as follows: Primary Wall Color Frazee Paint Stucco IlPI mouth Red" Accent Wall Color Dunn Edwards Stucco IlBurnt Cedar" Trim Frazee Paint Stucco '--' IlGull" AGENDA ITEM NO. PACE 't 2- OF .;) ~ Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5,2008 Page 5 ;"'"' Base Furring/Columns EI Dorado Stone Stone Veneer IISierra" Mountain Ledge Awning Burnt Cedar Canvas ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303(a) New Construction or Conversion of Small Structures, staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2008-_ adopting consistency findings with the Multi-Species Habitat Conservation Plan; Resolution No._ approving Conditional Use Permit No. 2008-11 and Resolution No. 2008-_ recommending that the City Council approve Commercial Design Review No. 2008-08 based on the following Findings, Exhibits, and proposed Conditions of Approval. ;"'"' PREPARED BY: Joseph Bitterolf, Planning Technician APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. 8%"x11" PLAN SET REDUCTIONS 5. COLOR BOARD (Provided by applicant) 6. EXHIBITS Exhibit A. Overall Site Plan Exhibit B. Site Plan Exhibit C. Building Elevations and Floor Plan r- AGENDA ITEM NO. PACE .5 d- OF d~ VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2008-08 & CUP 2008-11 MISSION TRAIL APN'S: 363-172-022 PLANNING COMMISSION AUGUST 5, 2008 ACENDA HEM NO. d- PACE (p OF .:1-" """"'" """"'" "'-' ,,-... RESOLUTION NO. 2008-_ 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 ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peter Noll, CCN Architecture, has submitted an application for Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 (the "Entitlements"), for the development of the Cuppy's Coffee within the existing Mission Trail Center complex, within Redevelopment Area NO.1 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP indicates that 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 that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and ,,-... WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, public notice of the Entitlements have been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 5,2008. 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 application and its consistency with the MSHCP prior to making a decision to recommend to the City Council approval of Findings that the Entitlements are Consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP Criteria Cell. However, pursuant to the City's MSHCP Resolution, the project is required to be reviewed for consistency with the MSHCP "Other Plan Wide Requirements," including consistency with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. ,-.. ACEJl.mA ITEM NO. PACE I d- OF ~ c... PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 2 OF 3 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. '~ As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Property is located within the paved parking lot of an existing shopping center. No riverine/riparian areas, vernal pools, or fairy shrimp habitat are present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Project is not subject to the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. "'" 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The Project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6. 1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Property that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines set forth in Section 6.4 of the """-' AGENDA !TEM r~o. PACE 8 d- OF.. ~~ PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 3 OF 3 ,-.. MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council adopt Findings that the Entitlements are Consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of August 2008, by the following vote: ",..... AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Axel Zanelli, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ~ AGENDA ITEM NO. PAGE q :l- OF ..2-(., RESOLUTION NO. 2008-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-11 '-'" WHEREAS, Peter Noll, CCN Architecture, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-11 for the establishment of a two single-lane drive-thru windows for the Cuppy's Coffee located Within the Mission Trails Shopping Center (APN: 363-172-022) (the "Project"); 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 August 5, 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 the Project. 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. 2008-11 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 Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Section 15303(a) New Construction or Conversion of Small Structures. 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 2008-11: 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. '-'" AGEi1JDA ITEM NO. PAGE ( 0 d- OF .).-~ PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 2 OF 3 /""'- 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 purpose of 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 Project. Conditions have been applied relating to the installation and maintenance of landscaping, walls, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. /""'- 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The Cuppy's Coffee drive-through lanes have been designed in consideration of the size and shape of the Project Site, thereby strengthening and enhancing the immediate commercial area. Further, the Project 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 facility design has been reviewed to ensure adequate provision of screening from the adjacent properties. 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 Cuppy's Coffee drive-thru facility use 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 adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. /"""'"' AGENDA iTEM NO. PACE J I ;l.. OF :l- (p PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 3 OF 3 The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. ....,,; 6. Adequate conditions and safeguards pursuant to 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 Cuppy's Coffee drive-thru facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 5, 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 2008-11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of August 2008, by the following vote: AYES: COMMISSIONERS: ....,,; NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development ....,,; AGENDA ITEM NO. .":). PACE I ;) OF ..).(p ".-.- 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 COMMERCIAL DESIGN REVIEW NO. 2008-08 WHEREAS, Peter Noll, CCN Architecture, has initiated proceedings for Commercial Design Review No. 2008-08 for the design and construction of a two- hundred and sixty (260) square foot kiosk building with associated drive-thru located within the existing Mission Trail Shopping Center (APN: 363-172-022) (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications; and WHEREAS, on August 5, 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 Commercial Design Review prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Section 15303(a) New Construction or Conversion of Small Structures. 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 Commercial Design Review 2008-08: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. ~ The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land fj.G::Ml"\1'111"r:~.' rc'o ") f"'<. Ilw.!Jtu-j-'\ . &:~IJ ~. ~ PACE~OF .J.. (p PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 2 OF 3 uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. """ 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the retail shell building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsile landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. 3. The Project will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to existing buildings in the shopping center. A variety of materials and colors are proposed including architectural stone accents and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to Section 15303(a), New Construction or Conversion of Small Structures, the Project was reviewed and conditioned by all applicable City departments to ensure that the retail shell building blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. """ 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on August 5, 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 that City Council approve Commercial Design Review 2008-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. ...."" AGENDA ITEM f>JO. ;)- PAce-LLoF .).(0 PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 3 OF 3 ".-- PASSED, APPROVED AND ADOPTED this 5th day of August 2008, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development ".-- ".-- ACEf'lDA iTEM NO. PAGE /5 ;)- OF c::L(.p CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL """"" PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-11 AND COMMERCIAL DESIGN REVIEW NO. 2008-08 FOR THE PROPOSED CUPPY'S COFFEE KIOSK WITH DRIVE-THROUGH LOCATED WITHIN THE MISSION TRAIL CENTER (APN: 363-172-022) PLANNING 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 Conditional Use Permit and Commercial Design Review for the Cuppy's Coffee located in the Mission Trail Center (APN: 3363-172-022) 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 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. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. 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 (3D) days after the site's rough grading, as approved by the ......" f~GErm..\ ITEM r~o. d- PACE I ~ OF).-(P ,........ 7. 8. 9. ,....... City Engineer. 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. The applicant shall comply with all applicable City codes and ordinances. The proposed wall with decorative cap located along the drive-thru lane shall match the color of existing walls within the Mission Trail Shopping Center. 10. Landscaping: Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 11. All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. 12. The proposed trash enclosure shall match the color and use the same material/texture of the existing buildings within the Mission Trail Shopping Center. 13. The roof color of the proposed trash enclosure shall be selected from the approved building color palette. 14. The color of the trash enclosure gates shall match the color selected for the trash enclosure roof. Conditional Use Permit No. 2008-11 15. 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. 16. 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. 17. 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. ,....... 18. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ACENDA ITEr.~ NO. ~ PAGE J I OF ).-f..". 19. Necessary traffic circulation signage shall be erected onsite in association with the drive-thru lane. Signage shall be reviewed by the Director of Community Development or designee. ......., Commercial Design Review No. 2008-08 21. Approval for Commercial Design Review No. 2008-08 will lapse and be void unless building permits are issued within two (2) year following the date of approval, with a one (1) year extension that may be granted by the CDD and a final extension of one (1) additional year that may be granted by the approving body (Planning Commission or City Council). 22. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 23. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 24. All site improvements approved with this request shall be constructed as ......., indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. 25. Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 26. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 27. 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 or Designee. 28. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. ......, AGENDA !TE'iii fJO. .J.- PACE I t OF,:). <,.. r- 29. 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. 30. No exterior roof ladders shall be permitted. 31. All exterior downspouts shall be concealed within the buildings. 32. Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 33. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 34. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit "...-. 36. Prior to the issuance of a building permit the applicant shall submit final elevations with revised awnings. The awning shall have a minimum dimension of twenty-four to thirty-six inches (24"-36") from the architectural projection the awnings are located on. The final design shall be approved by the Director of Community Development or designee. 37. Prior to the issuance of a grading permit the applicant shall submit final grading plans to the Engineering Division for approval. The applicant shall meet all of the Engineering Division's requirements for submittal and approval. 38. Prior to the issuance of a building permit the applicant shall submit the revised "Preliminary Landscape Plans" and "Preliminary Grading Plans", and shall be consistent with the approved to the site plan. 39. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to final landscape approval. a. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. r- ACENDl.\ ITEM NO. :J- PACE I '1 OF:J- (P a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass 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 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 to include planting and irrigation details. 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. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and the Director of Community Development 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 five parking spaces within the onsite parking area. k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. 38. Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. ,.."", AGENDA ITEM r~o. d- PACE d-O OF ifb ~ 39. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 40. Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 41. Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 42. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 43. Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. 44. On-site surface drainage shall not cross sidewalks. Prior to the issuance of a Certificate of Occupancy 40. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved, revised Uniform Sign Program on file with the Community Development Department, adding the Cuppy's Coffee building and indicating all signage criteria for the building. ~ ENGINEERING General Conditions 41. The applicant shall obtain an encroachment permit for any work performed in public right of way. 42. The applicant shall dedicate 10' of right-of-way on Mission Trail such that the ultimate right-of-way width to centerline is 60 feet. 43. TUMF, TIF and other mitigation fees (LEMC 16.34, Res. 85-26) if applicable, shall be paid prior to issuance of building permit. 44. 'No Parking' signs shall be installed at the driveway, from the entrance to approximately 100 feet from face of curb. 45. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 46. The applicant shall implement NPDES Best Management Practices during /"'" and after construction to prevent discharge of pollutants into the city's storm drain system. AGENDA ITEriJ NO. d- PACE cJ. I OF 2--G:. 47. 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. '-" '-" '-' AGENDA ITEM NO. ?-- PAGE d-d- OF l<o ~ ~ ~ copyright (el cOlbourn-currler-noll-lIrchitocture. inc. '-'2 ,...... ~f ~~ ~ H~ ! ill' -i -< -0 o > r -0 > JJ A Z G) -i JJ > en I m Z o r o en c JJ m U> ~ --l :I: U> G m ('5' ~J -. :I: co G rn ::; m u' --l \!' <J m no J> ~ U> 6 rn 11 \ \,- \ 'I ~n !~: ~n ':I" "\- \ , \ ') 'I I I " ..., ~'j ., !~f ~~ t~ k ~~ ,; U~ ji t~ m .p '~ I i ! i ~I si I; q \ I .~ ~~ ~~ " q ; 0 m m m m m r ~ ~ ~ ! x x x x x x 0 <;i <;i ~ in in <;i ~ ~ ~ i 0 > . ~ ~ ~ )> ! .. Q Q ... JJ > > 6 . . . . . G 0 < Z r m 0 0 ~ 0 " " ~ z m ~""I 0 '" " Q Q Q Q Q Q ~ 0 Q ~ Ini I iii ,~l > z " m " 0 . > > ~ > ~;J~ ~ . ~U .. en > > !:l !:l ~ :q ~ ~~ ~ m . ~ m ~~ . .~ " ~ '" r r jHR ~ ~ ~- " ~ )> ; & i :IJ ~ ~ g ~ ~ ~ m - )> '" '" '" '" '" '" '" '" '" p " p 0 0 p p p p ~ ~ ~ . ~ ~ ~ ~ ; ; ; ~ ~ ~ ~ ~ . : t ; ~ ~ ~ lD t: QIt ~ ~ ~ ~~ ~~ ~ Om ; f(lr ON ~ "-400 ~~~~ i~~! ~ ~~ " .~ ~i 'V-IO(O )> 0 lii ""' ~~~g IOl ~ ~ ~ 0 ~ ~~ o ~ ~ QZ Q ~ ~ I ~ _....1;;>0 ~ - ~ I ~ .: g ~ ~ ~ ~ ~ f? /! ~ ~ ~ (jj~tlI ~~~ ",0" ~ . ~ ~ :: :::! y - ~;~! ;; Q g ; m ~~g 5 ~ ~ a -ill a in ; OQ.>i~ :... ~ j > tgg~ ~ ~~~$'~ ~ g~ g I\) 5 P;) - II) - <II... ~ o ...00i a~!!~~ G:> i~~J1~ m ~&ig~ Z :::~~:::~ m ~~m~~ )J ~:~~~ )> ;E5 g r ~~ ~ ~ri ~ Z ~?i ~ 0 o. ~d i -f ;m m Om ~~~ ~ (f) <> en -< s:: OJ o r en . ~ ~ ~ IMl Sl. ~;;: o' 0 a. CD CD C7 ;- a; ! ~ ~ " j ~o " * ;.Jd l'! a.C-"C>[>lY-8-;>> ~ ill. ~-. S, ID <~. " " iit ~ :] ~" :0 c) III g g i ~ .... .... ~~!I ~ ~~~ , m ~ ~ o < Z 0 ; ~ ~ . . " ~ ~ ~ ~ f ~ . o > ~ Imil ~~ f I I" , r ~ , , r " '/\:~:~~~l\~> '...-"'-;", MISSION TRAIL CENTER. CUPPYS AP.N. 363-172-022 319XX MlSStON TRAIL LAKE ELSINORE.. CALIFORNIA 92530 colbourn. currier. noli ~ n {} {} I 0 0> ,obeo' ~ ....~. uoN',.' @)[j'@um~AW~N~\00 :~,.., ::::::: 10675 treena s1. -101 san diego, ca_ ~21;j tHtH~b-1l:H4 copyr~1 @ colbourn-cUl"rler-noll- erchitec:tUfe, klc. to ~i' · I' I !~;; 'r' Ii i i.. ~ , - ~ , . I, i{_ I -I -< "lJ 0 )> r "lJ )> :IJ ^ Z G) 6 ~ . r >> 0 ~ ~ 0 )> )> N -< :IJ 6 ~ z m ~ )> ~ en ~! ~i ~ ~l . >~ iii ; ; ~ m m ~ ~ x x ~ .. ~ 2 ~ . '" Q ~ . . w 0 r r r ~ 0 0 0 ~ '" '" '" >> m 0 ~ m >> >> ~ m >> m m m m x x x ~ ~ .. ~ ~ ~ ~ ~ r 0 '" '" '" n m >> I ~ _ _ ~ ~~l_ I ___________________1 OJ )> ~ ~ . ~ ~ 0 & JJ ~) ~ '" ! 8 ~ ~ ~ m !i 0 )> m '" '" '" '" '" '" '" '" m Q Q Q Q a a Q Q Q Q ; ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ " m m Z JJ 0 r m 0 z )> . -< '" ~ . )> :IJ i: l: : ; l;l ; ~ : ~ '" ~ ~ ~ ~ ~ ~ ~ ~ m G) ~~ " m m)> "lJ 0 ~fl XJJ 000 )> Om ; -<m en l:lr zr :IJ 0", - G)", ^ -I -0-400 .~ i z m i~!i >> a ~~ . r G) "lJ ~ ~;; Q ~ ~ ~ ~ ~ r >> . g >> )> i5 ~ ~ ~ ~ Z . "Q " :~~~ :~U ;; -4Xli)m "'I~ ~~ O' - . ~c=:g > ~~z~ r-OOC> g;: . ~ _0-1G:l a~=~ '" lil' m ~~!g ~h r ; >> c ggg n F ~ :! ~ '.O-Ui ~ '1 izG:lOi ~ \l '" 0 ~~ -O-.'11l 0 "'''''''001 m~", < G) <> en ii~~ I en xm- ..". ~@i ~ m m -< ~o.i: 0 ~ ~~o :fm::! < Z ~ ~ ;I~~ 0 Fg! ~ m . m OJ ~ i "lJ :IJ . ~ . ~ ~ " 0 m >>",m ~:;T )> n m", \l ~ "'. ; r ~;~ m r g en ~ ~:f~ . '" ~ z i x ~~~ \l ". 0 ~ >>~ ~ '1 ~ nm ~; >> -I "'a . " . ;'" ! m ~ Om ~ en n >> x ~ 9- . -_. 0. a.l'>t>r>E->C3-. E MISSION TRAIL CENTER. :;r =: 0 i>> i ~ ~ ~: . . 0- )> ~ . E I CUPPYS ~ '.t " 0 ...... ~ nt :" ~ A.P.H. 363-172-022 ~ iil '" I\) 5 iil ~r ~ ~ ~o. ~ (J"'ll " ~ ~ ~ 31!iJXX MISSION TRAIl. g ij .- ~ ~ I) & ~ . LAKE aSlNOAE, CAL-FORNIA 82530 , I --1- I -""'" ....... @ \ ( ""'" <~;,.. " "'\ ". ".i" ..., ....u.... " ','"... ",'" ... "\ \ '( , , ~,.'" ... , t t t ~H ~ ~ . ; E i ~ colbourn .currier. noli @[J@[foo~@@~(ill[J@9 O[i1)@o :::.:.::;=" :::::: 10675 I -----_._--_._-~--~--,-~---------_._---_._-_.__._------,--~ (858)695-1914 PAr.~ .24 m: ..J,..{.,. Me ~~ 13 13 13 . !B i I I I '" J Q 1111 F~ I I I ~ II I I I I I I ~ ~ ~ ~ n II 11..1 (IIi II p. I II I I .I~l i , " !li~ ! ql! -II 1111 lu J J J I i I Ii ;9~ , . . 'I I I ~ i .1. . +. n( I 5 II { e reI ~~ ~ H! ;! ~ HI i in QQ ~~ ~ ~ i' ~. I .!!!!!.- !;B l~ 'm '\5 ~ I; ri! . ." ~ ,. :z r , __u____ ---,--l u ~ ~ Ig !Z i ) ~m hi J!!!L........ , I; ,I>" ,~ 'lIq~ IIi I~ ~hl~ I I!:~ I ~5~~ 11:11 Ul i !:!l!il> 'U, :J: >-,,;:! I., ~ 1;;~~ 'II ~ 1l!!111Ii E........j'-t n -'11111',- -- CUPPB'S - i e Ij'::i ~..~ SIUlIIffESIBIDJlJF'llt !j1i 'I~ ~Bobnlo RllI.u:.w:::m'l'SII '= 1-' :&4 "--',..... LHa--CA.'R5311 K3B ...OH.,. ,,-. II' ., 'I i, , f' 'I IE i I I ~; f - -Hu- Ii!' h___ - -- - -lfrr .fill! l'i -II! \ I . Inl ( p,,~ III Ii .~llr I ~H ~ ~~IU 11& I ~ .; ~ ~ ,'I p I ~ . I ..' . ~ ~ ~ ~ ~~ ~ ~ J !~ F I i ~ ~ s !II i '" 9 ~ 0 :z ...,,~,- Modular Building of Monroe, LLC. 1511 WoHert Str..t ...,... IN.. 46703 AGENDA ITEM f40. )- PAGE ;). ~ OF :;'-Cp 8888 en -f en s: ( d~~'bJ .zs:O~C m en z C/) ., .. -f. -f'" mc~ca 8g~g~ OenO~ ~:;'-fO~ o~co o Or 00 C/)mo;o -fm .. ~~8"T1 m~r~ - Z..ON ~-f;om .... ..- . .- "'~--m'" . ~~g" .~~z~ -(X)zZ S:~m-f O~o! c.-. ;E I\) zG))>~ ))!c::o~ -ro zr .-. ~C/)"'O r =It!:( m Os: 8 mo m O')C CD-f '-':r: OJ c;o ;om zO -f'-" o .....,. m AGENDA ITEM NO.. ~ PACE .,.1~ 0 ~~ "-- CITY OF ~ ,.JAU(B6LSiN.O~ , I ~~ DREAM E;(TREMElV REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 5, 2008 SUBJECT: CONDITIONAL USE PERMIT NO. 2008-18 AND TENTATIVE TRACT MAP NO. 32013 FOR CONDOMINIUM PURPOSES APPLICANT: WALTER CLENDENON, R.M.A., 942 CALLE NEGOGIO, SUITE 100, SAN CLEMENTE, CALIFORNIA 92673 /"" OWNER: SOUTHSHORE PROPERTIES, LLC, 6600 WEST CHARLESTON BLVD., SUITE 124, LAS VEGAS, NEVADA 89146 Proiect Request The applicant is requesting consideration of a Conditional Use Permit and Tentative Tract Map to allow for the development of 317 single family detached condominium units (CUP No. 2008-18 and TIM No. 32013). Project review is pursuant to Chapter 17.30 (Condominiums and Condominium Conversions), Chapter 16.24 of the Lake Elsinore Municipal Code (LEMC) and Sections 66424 and 66427 of the California Subdivision Map Act (CSMA). There is also an associated project, Tentative Tract Map No. 31593, which has placed Conditions of Approval regarding a "Regional City Park" on this project, and has been, therefore, considered. Proiect Location & Sitina /"" The proposed project is located northeastly of Interstate 15 adjacent to the "Land Fill"and an unnamed frontage road in an undeveloped area of natural rugged terrain. There are steep hills and peaks with deep canyons within the project area. The closest paved roads are Franklin Street and Canyon View Drive (APN's 363-020-002-003, 011 thru 015 and 018). The site is adjacent to a Multiple Species Habitat area along the northern and eastern boundaries. The eastern boundary parcel (APN 363-020-020) was recently donated to the Regional Conservation Authority (RCA) as part of the owner's future MSHCP requirements for SouthShore I. The recently approved Specific Plan, known as AGENDA iTEM NO. PACE I ~ Of~ CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 2 of 8 "-'" Spyglass Ranch is adjacent to the west of the project site. The current zoning designation is R-1, Single Family Residential District. Parcel 363-020- 011 is shown as Open Space. The General Plan Designation is Future Specific Plan - "G". The project is also under the jurisdiction of the Hillside Overlay District. Settina Project Site Vacant North Vacant R-1 Single Family Future Specific Plan "G" Residential District & Open Space Specific Plan - Specific Plan Rams ate R-1 Single Family Future Specific Plan "G Residential District & o en S ace R-1 Single Family Future Specific Plan "G Residential & Open S ace Specific Plan - Spyglass Specific Plan ......, South Vacant/Land Fill East Vacant West Vacant Proiect Backaround Tentative Tract Map No. 32013 for Condominium Purposes The processing of the proposed Conditional Use Permit and Tentative Tract Map have moved at an erratic pace since the applicant took some time to respond to items requested by Staff. Items that were repeatedly requested by Staff included the following: 1. Submit a Specific Plan (the project is located in Future Specific Plan - "G"); 2. Items pursuant to the requirements of the Hillside Overlay District; 3. Items to meet the NPDES and WQMP requirements; 4. Submit a LEAP application; 5. Provide information to conduct an Initial Study and other associated CEQA requirements, 6. Submit a Zone Change application; and 7. Include various text items required on the Tentative Tract Map. Due to the lack of information, the project could not be deemed complete. In addition to these missing items, the massive grading that includes the moving of approximately three (3) million cubic yards of dirt (in some locations over one hundred feet (100') of hill top will '-'" AGENDA ITEM NO. PA<jE ~ 3 OF ~, ,,-. CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 3 of 8 be removed) and the concentrated density proposed for the project could not be supported by Staff. The applicant originally requested approval of 441 units with a density of 4.69 dwelling units per acre. Currently, the applicant is proposing 317 units and lists a density of 3.34 dwelling units per acre. However, the dwelling unit calculation appears to need modification, since the applicant has recently deeded approximately twenty five (25) acres of land to the Regional Conservation Authority (RCA) to meet their Multiple Species Habitat Conservation Plan (MSHCP) requirements for SouthShore I. Considering the exclusion of the dedicated property, the actual project site is approximately 70 acres thus revising the dwelling units per acre calculation to approximately 4.53 dulac, not 3.34 as listed. Associated Project - Tentative Tract Map No. 31593 - SouthShore I Tentative Tract Map No. 31593 for SouthShore I was approved by the City Council on November 8, 2005. This adjacent Map's approval was based on several Conditions of Approval for a "Regional Park" located on SouthShore II. The park is approximately fifteen (15) acres. At least ten (10) Conditions of Approval for TTM 31593 relate directly to the development of this park. Other conditions relate to circulation requirements that are associated to the Park. Also, at the time of approval, SouthShore I and SouthShore II were under the same ownership. Currently, SouthShore I is owned by a separate owner. The new applicant of SouthShore I is currently processing a request for an Extension of Time. ,,- Proiect Description The applicant is requesting consideration of a Conditional Use Permit and a Tentative Tract Map for Condominium Purposes (CUP No. 2008-08 and TIM No. 32013). A Residential Design Review project has not been submitted at this time, however, the applicant has provided conceptual color exhibits as information items only. Tentative Tract Map 32013 ,,- The project site is approximately seventy (70) acres and is proposed to be subdivided into twelve (12) residential lots for condominium purposes. The lots range in size from 1.98 acres to 3.5 acres. Lot 'B', a fifteen (15) acre parcel at the northern boundary of the project, is proposed to be a future Regional City maintained park. As mentioned, the development of the park site is a Condition of Approval ofthe neighboring map (Tentative Tract Map No. 31593 - SouthShore I). The timing of the development of the park is uncertain as it is required to be constructed with the timing of units within Tract 31593. If this project request, CUP No. 2008-18mM 32013, is developed first, it could be some time before the proposed park is actually constructed unless a similar Condition of Approval is placed on this request. Timing of all infrastructure improvements would need to be completed to provide access to the park and the residential units within SouthShore I. Five (5) pocket parks are proposed in conjunction with this project. Three (3) of these lots are labeled as Tot Lots and two (2) lots are labeled as Picnic Areas. The circulation pattern of the proposed TTM is considered to be linear unlike SouthShore I. ACENDA iTEM NO. PA-oE 3 3 OF ~I CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 4 of 8 """" Massive grading is proposed to achieve a terraced site plan. The public park grading calculation lists a cut area of 1 ,200,636 cubic yards and a fill area of 272,901 cubic yards and residential area lists the cut area of 1 ,443,604 cubic yards and a fill area of 1 ,832,271 cubic yards for a total of over three (3) million cubic yards to be moved. Finally, although the applicant has contacted the Redevelopment Agency to discuss the possibility of including fifteen percent (15%) of the units or forty-seven (47) units as affordable units, because the project is not located in a redevelopment area, the benefit to the City in meeting mandated affordable housing numbers would not be as great as affordable units provided within a redevelopment area. Conditional Use Permit Pursuant to Section 17.30.020 (Permits Required) of the Lake Elsinore Municipal Code (LEMC) the applicant is requesting a Conditional Use Permit for the proposed condominium project and associated tentative tract map as required by law. The City Council shall determine whether to grant the request of a Conditional Use Permit for Condominium Purposes pursuant to Section 17.30.100. ANALYSIS ..." Conditional Use Permit No. 2008-08 In compliance with Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC the applicant has filed a request for a Conditional Use Permit. Condominium projects are permitted in appropriate zoned districts within the City. The zoning designation ofthe project is R-1 Single Family Residential that allows up to 6 du/ac. This designation is not consistent with the General Plan designation of Future Specific Plan "G" which lists a maximum density allowance of three (3) du/ac. Therefore, findings cannot be made for recommending approval of the Conditional Use Permit for condominium purposes because of the ZoninglGeneral Plan inconsistency. Tentative Tract Map No. 32013 The Tentative Tract Map proposes to subdivide approximately seventy (70) acres into twelve (12) lots and 317 units that equate to approximately five (5) dwelling units per acre. The General Plan Designation is Future Specific Plan "G" which allows a maximum of three (3) dwelling units per acre. There are inconsistencies between the zoning designation and the General Plan designation and the maximum units allowed per the General Plan Designation. The maximum dwelling units allowed per the General Plan Designation would be 210 dwelling units, which is well below the 317 units proposed. Therefore, Staff could not recommend approval of the project as it is proposed. ..." "'.GENOA ITEM r~o. 3 PACE~OF ~ , ~ CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 5 of8 Furthermore, according to Section 16.24.120 of the LEMC, after Planning Commission action, the City Council shall act on the tentative map and shall either approve, conditionally approve or deny the map. In order to obtain an approval, all of the following findings shall be positively made by the City Council (Section 16.24.130, LEMC): . The proposed division of land is consistent with applicable general and specific plans; As mentioned, the General Plan designation for the project site is Future Specific Plan "G" that allows a maximum of three (3) dulac. The applicant is proposing five (5) dulac and, therefore, it is found that the project is not consistent with the General Plan. . The design or improvement of the proposed division of land is consistent with applicable general and specific plans; ~ The applicant plans to terrace the project site. In order to achieve this terraced design, massive grading is required which is in contradiction to the recommended type of design for this hillside area. The General Plan Designation of Future Specific Plan "G' proposes development of typical single family subdivisions with minimum lots sizes of 14,520 square feet to comply with the requirement of three (3) dwelling units per acre. Staff feels that the condominium project is not consistent with the applicable General Plan. Furthermore, a Specific Plan would be required for the development of this area. · The site of the proposed division of land is physically suitable for the proposed density of the development; ~ The existing topography of the site consists of undeveloped natural rugged terrain, rolling hills rising to steeper ridges, deep canyons and several peaks ranging in elevations of 1624 feet near the lower southern boundary to 1724 feet and 1771 feet in the northern sections of the project. The highest peak is near the northern boundary within the park site at 1820 feet above mean sea level. The park site shows a proposed elevation of 1690 feet which would require cutting approximately 130 vertical feet of dirt. All of the peaks are proposed to be removed. The dirt that will be cut is proposed to be used as fill in all of the canyon areas. Lots 1 and 12 are proposed to be graded to approximately 1600 feet above mean sea level, requiring filling approximately 50 to 65 feet and cutting approximately twenty feet. The farther north the project moves up the hills, the more extensive the cutting and filling becomes. A Slope Analysis of the proposed project would show the proposed grading plan more clearly. A Slope Analysis was requested by Staff, but was not received. Staff concludes that this type of condominium development is not physically suitable for the existing topography. ACENDA ITEM NO. PACE 5 3 OF :l..} CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 6 of 8 . The design of the proposed division of land or the proposed improvements are not likely to cause serious public health problems; There are no known health issues at this time. However, future CEQA research would provide the answers for this question. · The design of the proposed division of land or the type of improvement will not conflict with easements, acquired by the public at large, of access through or use of property within the proposed division of land. There are no known easements that would be in conflict with a development at this location. Section 16.24.130 states that, "A land division shall be denied by the City Council if it does not meet all of the requirements of this title, or makes any of the [above listed] findings." Staff found that three (3) of the five (5) findings could not be met and therefore is compelled to recommend denial of the project. In addition to the findings that are required to be made for all Tentative Tract Maps, the following General Plan Goals, Objective and Policies as they relate to the project must also be met: Related General Plan Goals, Obiective, and Policies. Goal 3.0 of the Land Use Section states: To achieve a physical environmental in which development of the land respects the city's natural environment. 3.1. To ensure the consideration of environmental and geologic features in the planning process. The mass grading proposed does not consider the environmental or geologic features of the site. 3.1.1 The City shall use the specific plan as a tool to examine and plan closely for environmental features. Staff requested that a Specific Plan be submitted, but this document was not provided. 3.1.2 The City shall establish hillside grading standards that naturalize the effects of grading, require preservation of unique natural features and encourage a broad range of hillside architectural and site planning solutions. AGEND/\ ITEM NO. PACE [Q ......." ......." ......." 3 OF~ ,..-- CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 7 of 8 A Hillside Grading Standard is not available at this time. A Standard could set parameters for grading in steep hill areas with deep canyons such as the site being reviewed. For example limits of grading could apply to areas steeper than a certain percent, such as slopes over 25% or 30%. Community Design Element Goal 3.0 To preserve elements of the natural environment in the community. 3.1 Promote site design and building construction that preserves significant landforms. The site plan as proposed does not preserve the existing hills, peaks or canyons. The plan proposes massive grading and terracing to provide pads for a dense condominium development more common to flatter areas. 3.1.1 The city shall encourage development patterns that preserve natural landforms. ,,-- If approved, this project could be the first development in this area proposing massive grading. It could set a precedent allowing mass grading on future project in this area. 3.1.2 The City shall encourage preservation of major landforms, such as streams, steep slopes and rock structures to provide neighborhood character boundaries. Three of the existing peaks are proposed to be removed to a lower elevation of approximately one hundred feet (100j. Peaks will not be preserved. Goal 5.0 To protect and enhance public views of significant natural features and of developed land. The applicant has developed several graphics that reflect that there will not be any impacts to the views seen from Interstate 15 and beyond. Staff still has concerns in that the elevation at the front or south property line is at 1550 feet and the site rises to 1820 feet at the highest peak towards the rear north end of the project. This equates to an elevation change of two hundred and seventy feet (270j. Staff believes that if the site uses cut and fill methods as shown, the massive grading will be seen from the freeway and beyond, thereby impacting public views. ,,-- For the reasons stated above, as well as the attachments and plans, Staff recommends that the Planning Commission deny the applicant's request for Conditional Use Permit No. 2008-08 and Tentative Tract Map No. 32012 located northerly of Interstate 15 and Camino Del Norte (APN's 363-020-002-003, 011 thru 015 and 018). AGENDi\ ITEM NO. PACE rJ 3 OF c9.. I CUP No. 2008-08 and TTM No. 32013 for Condominium Purposes August 5, 2008 Page 8 of 8 '-"" ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), the proposed Conditional Use Permit No. 2008-08 and Tentative Tract Map No. 32013 located northerly of 1-15 and Camino Del Norte is not a project given that it is recommended that the project be denied. If the Planning Commission wishes to approve Conditional Use Permit No. 2008-08 and Tentative Tract No. 32013, a preliminary environmental analysis would be required to determine the type of CEQA documentation will be required. The proposed Conditional Use Permit No. 2008-08 and Tentative Tract Map No. 32013 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 Tentative Tract Map (CUP No. 2008-08 and TTM No. 32013) located northerly of Interstate 15 and Camino Del Norte (APN's 363-020-002-003, 011 thru 015 and 018). If the Planning Commission wishes to approve the proposed project and determines that all necessary findings can be made, Staff will prepare all of the applicable conditions of approval and resolutions for the approval of the project, including the proper environmental assessment. .....,. Prepared By: Linda Miller. Project Planner Approved By: Rolfe M. Preisendanz, Director of Community Development (J7'A-------' Attachments: 1. Vicinity Map 2. Conditions of Approval for Tentative Tract Map No. 31593 3. Reductions 4. Full Size Plans & Color Conceptual Exhibits """" ACENDA ITE:;'i NO. PACE ~ 3 OF otl ",-.. VICINITY MAP APN 363-020-002 & 003,011 THRU 015, AND 018 TENTATIVE TRACT MAP 32013 FOR CONDOMINIUM PURPOSES \j PROJECT SITE ~ = .~ PLANNING COMMISSION {<.c ~:}~ fj J.\ PAGE r~o. q :3 m: &t\ '-"'" GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of Tentative Tract Map No. 31593, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompdy notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. TENTATIVE TRACT MAP NO. 31593 2. Tentative Tract Map No. 31593 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. 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Tide 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract 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. '-"'" 5. Prior to the recordation of the Final Map for Tract No. 31953 (the "Final Map"), the applicant shall make an irrevocable offer for fee dedication for local park purposes to the City of Lake Elsinore for the following described property: [Legal description to be provided by the applicant prior to Planning Commission Hearing] (Hereinafter, the "Park Site") In exchange for: [Assessor Parcel Number (APN) 363-020-011] (Hereinafter, the "Agency Remnant Site") The form of the property exchange shall be in the nature of a land transfer agreement between the Redevelopment Agency, the City and Applicant in a form suitable to the City and as shall be approved by the City Attorney. Said agreement shall provide: (i) the transfer of the Park Site to the Agency free and clear of money and all other encumbrances, liens, leases, fees, easements (except routine easements that do not materially impair the intended use of the land), assessments and unpaid taxes except those meeting the reasonable approval of the City Manager; (ii) the transfer of the Agency Remnant Site free and clear of money and all other encumbrances, liens, leases, fees, easements (except routine easements that do not materially impair the intended use of the land), assessments and unpaid taxes except those meeting the reasonable approval of the Applicant; (iii) City Cowlcil ilpproved November 8, 2005 ...., ACENDA ITEM :JO. PAGE J b "3 OF a.l CONDITIONS OF APPROVAL Page 2 of 10 ~ TENTATIVE TRACT MAP NO. 31593 compliance with applicable laws; and (iv) such usual and customary provisions as are necessary to accomplish the transfer. The transfer of fee tide to the Park Site shall occur prior to or concurrent with the recordation of the Final Map. City shall be responsible for complying with CEQA following submission of the preliminary concept plan for the Park Site. 6. Prior to the recordation of the Final Map, the Applicant shall submit a preliminary concept plan of the proposed recreation facilities and amenities on the Park Site to the Director of Community Services for review and approval. Applicant shall also post a performance bond in the amount of two-million dollars ($2,000,000.00) guaranteeing the construction of the park as provided herein which shall stay in place until the completion of the improvements to the Park Site. 7. Prior to the issuance of the first building permit, the Applicant shall submit to the Director of Community Services, for review and approval, detailed park facilities plans , landscape plans, irrigation plans and such other plans as may reasonably be required for purposes of constructing a 10 usable acres "turn-key" public park. 8. Prior to the issuance of first Certificate of Occupancy for Tract No. 31953, Applicant shall grade the Park Site to provide a minimum of ten (10) usable and creditable acres and shall secure the Park Site against erosion and shall stub out sewer, water, gas, electricity, telephone, storm drain, etc connections to the property line. ,......... 9. Prior to issuance of the fiftieth (50th) Certificate of Occupancy, Applicant shall provide of adequate sewer, water, gas, electricity, telephone, storm drain, within the Park Site as are necessary to serve the Park Site. In the event permanent facilities are not available, the applicant shall provide temporary facilities at no cost to the Ciry (Amended at Planning Commission Meeting of October 18, 2005). 10. Prior to the recordation of the Final Map, the Applicant shall obtain an easement for a public access road direcdy connecting the proposed development and the Park Site (the "Park Easement"). The City and Applicant anticipate that the Park Easement will connect the proposed development to the Park Site near Parcel No.2 as set forth in Tract Map No. 32013. 11. Prior to the issuance of the first building permit for Tract No. 31953, Applicant shall submit a plan and sectional views indicating the grade and width of the Park Site Access Road measured flow-line to flow-line. 12. Prior to the issuance of the first Certificate of Occupancy for Tract No. 31953, Applicant shall construct the Park Site Access Road. 13. Prior to the issuance of the first Certificate of Occupancy for Tract No. 31953, Applicant shall construct the Park Site improvements and amenities consistent with the preliminary plan such that the Park Site is in a "turn-key" condition. City shall provide Applicant with all reasonable and appropriate entry rights onto the Park Site for purposes of constructing the improvements astprovided herein. /""". City Council l\ppwved November 8, 2005 ACErmA !TEM f1JO. 3 PAGE JL Of ~) CONDITIONS OF APPROVAL Page 3 of 10 TENTATIVE TRACT MAP NO. 31593 ~ 14. With respect to park fees paid or to be paid by Applicant, Applicant shall be entitled to a fee credit (or fee reimbursement for park fees already paid) to the extent of Applicant's actual on-site construction costs of the park improvements on the Park Site. Applicant shall also be entitled to reimbursement for park fees actually paid under Tract 32013 or a fee credit if Applicant continues ownership of Tract 32013. Accordingly, Applicant and City shall enter into a fee reimbursement agreement reflecting such use of fees and providing, further, to the extent allowed by law and subject to the discretion of the City Council, the use of community facilities district bond proceeds for reimbursement of developer's cost incurred with respect to public capital improvements, including the Park Site and the Park Site Access Road. 15. The applicant shall comply with all the mitigations contained and identified 1n the Mitigated Negative Declaration No. 2005-08. 16. All lots shall comply with minimum standards contained in the LEMC. 17. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 18. The applicant shall comply with all conditions of the Riverside County Fire Department. 19. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 20. All future structural development associated with this map shall require separate Design Review approval. ......." 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. 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. 23. 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. 24. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 25. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon lssuance of each building permit. 26. The applicant shall pay all applicable fees including park fees. 27. The applicant shall meet all requirements of the providing electric utility company. City Council i\pproved November 8, 2005 ......" AGEND"'~ ITE~~ r~o. PAGE I~ 3 OF ~I CONDITIONS OF APPROVAL Page 4 of 10 r' TENTATIVE TRACT MAP NO. 31593 28. The applicant shall meet all requirements of the providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company. 30. A bond is required guaranteeing the removal of all trailers used during construction. 31. All signage shall be subject to Planning Division review and approval prior to installation. 32. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 33. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Landscaping and Lighting Maintenance District (LLMD). 34. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Community Facilities District (CFD). ENGINEERING ,-- 34. Construct Elsinore Hills Road at full width secondary arterial standard (70'/90') within project boundaries by first certificate of occupancy. 35. Construct Elsinore Hills Road from the project's south boundary to Camino Del Norte (proposed CFD links H and G). Two full lanes and shoulders are the minimum requirement. At intersections, additionally widening will be required for left turn lanes-all prior to first certificate of occupancy. The roadway shall be designed to secondary arterial standards. 36. Construct Camino Del Norte to two full lanes and shoulders (proposed CFD link F) prior to first certificate of occupancy. The roadway shall be designed to Major Arterial standards (80'/100'). 37. Improve the intersection of Camino Del Notte and Main Street as determined by the City Engineer prior to first certificate of occupancy. 38. Install a traffic signal at Main Street and the northbound 1-15 ramps prior to the 100th certificate of occupancy or as satisfied ry the City Engineer pending Caltrans process (Amended at City Council Meeting of November 8, 2005). 39. Construct Elsinore Hills Road to full width and connect to Tract 25478 prior to first certificate of occupancy. 40. Join the proposed CFD when it is formalized. If CFD is not formed, the prqject shall be eligible for fair share reimbursement from future developments in the area (Amended at City Council Meeting of November 8, 2005). "...-. City Council A.pproved November 8, 2005 f"GENDi\ 1Ti:;.1 NO. 3 PP.;::;E J.3 OF ~ J CONDITIONS OF APPROVAL Page 5 of 10 TENTATIVE TRACT MAP NO. 31593 ......" 41. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 43. 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. Submit this letter prior to final map approval. 44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 45. 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). 46. Street and alley 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). 47. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. '....., 48. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 49. Desirable design grade for local streets should not exceed 9%. SO. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 51. 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). 52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 54. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 55. 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. City Council .Approved November 8, 2005 '-" ACEI'm;,\ ITEM NO. '3 PACE--4..:-0F ~ 1 CONDITIONS OF APPROVAL Page 6 of 10 ~ TENTATIVE TRACT MAP NO. 31593 56. Provide fire protection facilities as required in writing by Riverside County Fire. 57. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 58. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 59. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 60. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 61. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. ".-.., 62. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 63. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 64. Provide soils, geology and seismic report including street design recommendations. Provide fmal soils report showing compliance with recommendations. 65. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/ or liquefaction zones present on-site. 66. 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. All manufactured slopes greater than 30 ft. in height shall be contoured. 67. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. .r- 68. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of City Council i\.pproved November 8, 2005 AGENDA ITEM NO. PA~E /5 3 OF~ CONDITIONS OF APPROVAL Page 7 of 10 TENTATIVE TRACT MAP NO. 31593 ,...." restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 69. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 70. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of fInal map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74. 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. '-'" 75. Roof and yard drains will not be allowed to oudet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 76. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 77. A drainage acceptance letter will be necessary from the downstream property owners for out letting the proposed stormwater run-off on private property. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 80. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 81. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. City Council I\.pproved November 8, 2005 ......." AGENDA ITEM NO.~ PACE~OF~ CONDITIONS OF APPROVAL Page 8 of 10 r-- TENTATIVE TRACT MAP NO. 31593 82. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 83. 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 System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented. 84. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 85. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. ~. 86. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 87. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 88. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 89. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. 90. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right-of-way with 36 ft. Curb-to-curb and a 3 ft. utility easement on each side of the street. Single- loaded local streets shall not have less than a 45 ft. right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb 91. No residential lot shall front and access shall be restricted on collector streets and so noted on the final map. ,,-.. 92. All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot City Council llpproved November 8, 2005 AGENDA ITEM No.3 PACE--.11L-OF~ CONDITIONS OF APPROVAL Page 9 of 10 TENTATIVE TRACT MAP NO. 31593 ......, ingress and egress easement to public right-of-way by separate instrument or through map recordation. 93. Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access for an adjacent parcel (considering available option along the entire boundary of the parcel) to Elsinore Hills Road, City shall inform Developer and Developer agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Developer offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property (Amended at Ciry Council Meeting of November 8,2005). 94. The Developer shall provide access to adjacent properties needing access through this development by public right-of-way or access easement based on a reasonable accessibility determination to the satisfaction of the City. 95. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonment's must still have access to public maintained right-of-way. 96. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. 97. Developer to provide access to property owners and utility agencies to property to the west of the ...., tract including during construction. 98. If necessary, applicant must submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision(LOMR) must be approved from FEMA prior to the 50th certificate of occupancy 99. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 100. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 101. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 102. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. City CouncileA.pproved November 8, 2005 '-'" AGENDA ITEM NO. :3 "y PAGE..-LLOF~-. CONDITIONS OF APPROVAL Page 10 of 10 ~TENTATIVE TRACT MAP NO. 31593 103. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 104. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 105. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 106. .All waste material, dehris, vegetation and other rubbish generated during cleaning, demolition, dear and grubhing or other phases of the construction shall bc disposed of at appropriate reeycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use thc scrvices of another recycoog vendor. .Another rccycoog vendor, othcr than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for rccycling scrvices and the recycling matcrial is either sold or donatcd to another vendor, thc applieant shall supply proof of debris dispo:.'lal at a recycling ccnter, including -.rerifieation of tonnage by certified wcigh ma:.'ltcr tickets. (Amended at Ciry Council Meeting of November 8, 2005). ~. 107. 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. 108. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. ~ City Council I\pproved November 8, 2005 AGENDA ITEM NO. 3 PACE~OF~ - - - - - - - - - - - ~......... .... --- u... "YD~"" OGWBIYAYnTlnteac.. S3~"I:)OSS" 'If NOSMV"l .. ----...... -.-- --- --~-- 'WI~:K>:l1.Y.1S ~, ":IN~~YmmwNOll ~= ":IN! 'OOSSVllNV NIllM'l NOlJ ~ &~Ol&!OWl3AIIVlN31. I . "'~~NION~ "A'::l I 'J.:l~rOlld J ,I -I,. I' I ' I i II d' .lil-iU' i; I ;; I · II I I IdUI.!.idl _Iii II i I !. I . : I - . i111i!llli!III:!i In:! .IU ! . ,Ill ~.! Illhllb'!il !1111111;1:i:'II~I; ~I 1.1.. I ml;lmilUU,i;UhiUilil;;= .I;il ~ dm "Jl~ I 11f11'J~iim I. II! I. a! II ." ~ ~- Ihl'~ I I III II" !iN 111~,1.. I.". II I.. S i : 1'.iUIUlliU v.~.1 :". I · ~II, .~m~ ~ I ~ ljjnliJli >' I ". I i id~nfjli!dl ~ Iii Mi ~ J!I !hll. !ti!1 ~ I' R li!1 I ..... --...... ~...---~. - - - . l:l ":' 9 II. .:; 1. q Z", J" :!l ., I I i II ~I i ! i :! ~ ~ I :;1 ~ . . II ~ WW! ! ! H ~lli l!M~ J ji3~~1 ! u.i (\')~ ~o:: o~ No::w (\')ILOOJ I- O~fr .~ , '\ ~ zo:: r ~ '-' Z O:::J <! 5 ~~ ~..'i (( O..J:J ~ I- u.i<3~ ; ! 0:: u.. ~ WOOo > Zwo OO.....z - ..J <0 I- w.....o <( ~ 00 0:: 1-:5~ zu.. WO 1-5 , , , , ~~ if! t IHa 8~ "'5 , .., ....,.. . ~~I ! I UI- ~~ ~... ~~ sUI ~fi3 o~ 1111 ;!;'" II ~m 1.1. III ~.~ Ii' ;H; h ~ 5 , , ..... ~~ I~ I HI- t;~ ;'2j!: E-.. E~ sill 0:0 ow ~i II 1111 WI- m :'1. III AGENDA ITEM f'JO. PACE_JllJ. ~ - - - - - - ....-- c.w..... ....... c.-...... cuaa "'r.a~", OCIW'BIYAY rnw;) .IoCI. SiUVI:>OSSVY NOSMn - ---..- -- ...- .... .....................II~ 11I'---. ... ISNOISI^3H ---- "-- ---- _.UNW_~_ --....- ...-- ----- ~, ":tNI ~~"I:>:ssyaN"NUH"MI NOH "ON,'.OOSSVCWN1..UNW NOH ~ VINII04I1Y:) '3lIONIrn 3lIYI,j() Am e~Ole J.:lWl3NIVlN31 AOnlS1N3WdOl3A30 - =H33NIUN3 'Y:JINH:J3J.O:lO . "'33NI!lN3 "AI:l I '.L:lnOHd I : ;I..rill,lh: =; .1 P i r~.~i.'~.i.~.,~,,~.~.m...l~,I.. " III n!;IIJldU I -I,: I. i' ' ; ; ; , i i h I II f !!llilll!llillllli!liJml!1 iiiiUiUii'l. iI! ! I I d m!ilillillli l!i!iM!!~.ii! Jil ;. Ilii I. II i i .. II I 1~liI! <11'lld I.. ~ J 10 ~Uit I. h' .1, ,~..l" ~ - .!liS :. =1 ~ ! Ii" .f~!J~!~~! .!'.III..II.I . Olbl .~. I~dl . ~ 11,.., ~"., ! '1 lid'I!' I.. · .1. I ~ : ijH,!ilifH ! I ! ~II ;!;~;: ; ~ I !~ffn~~~.'i I ~9! ."0'" ~ H~ I h ! IJ1!"Jf::'" ~. I ! , ,~~ ' , I . 'fl!II!JU ~. I I. I ! H - -,. ; f,' 1.11,a-,1 , III I II. !. P ! . ::...., Jff · ." I'd, 'l ri~ I ! . !1f!!ifl'HH hlll.l ~~.I !H~~] ! ~! id. : i UJlIJ !,j!f. I I 11.1. J imS~!~! m > !; . \ ~ .;L - ~; ~ q . '" ] .. . ~ 0 /""" >- o W Q :::> ~ I-MW en .....> W (f) 0 'fi. en ~u....;o ,., 0.....0. I- d ~~~ ZZzoo. W I- ::>~~ ~ ~ ~C3~ ,::::::::O::Wu.~ a.. I- 0::000 W we O;:::~~~~ I- ..J I-' () \ --J < wen 0:: I WI-W 0 Z~ 11. >w:5 1-11. W 0 o 5 . . U'! ~ "'=> ~ 0 -,l:lIll ii: 1;1 II- ~ q o~ c... HU fil I II 1111 HI. III ,....... ~ i!! I" ;!!i · ~ ~ D.' i"i! ~ ~ c w < ~ I III I . AGENDA ITEM r-Jo. ""~.~r: fl] r....... ',,,.v.. t7\ ......., ......., ......., ~ CITY OF .~ LAl{J: 6LSiNOR& , I ,,~. DREAM E,XTREME... REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANINNG COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 5, 2008 SUBJECT: CONSIDERATION OF AN APPEAL BY K HOVNANIAN HOMES REGARDING THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION TO DENY A MINOR DESIGN REVIEW FOR THE DESIGN OF 98 SINGLE FAMILY HOMES WITHIN TRACT 32337-2 OF THE LA LAGUNA SPECIFIC PLAN AREA Backaround ,....... On August 10, 2004, the City Council of the City of Lake Elsinore approved Tentative Tract Map No. 32337. In February, 2007, the applicant, K. Hovnanian Homes, first submitted a Design Review application for a new residential product on a portion of this tract (building elevations are included as Attachment 2). After substantial design upgrades were completed by the applicant at staff's request, this original proposal was ready to go forward to public hearing. In October 2007, the applicant notified staff that they no longer wanted to proceed with the product submitted in February and asked that the original design review request be withdrawn (Attachment 3). In May, 2008 a new Design Review application was submitted in order to construct 98 one and two-story single family dwellings within the subject tract. This application was reviewed by staff and subsequently denied by the Community Development Director on June 4, 2008 (Attachment 4); On June 18, 2008, the applicant filed an appeal (Attachment 5) to the Community Development Director's decision. As indicated in the La Laguna Estates Specific Plan, all new phases of development within the Specific Plan boundaries shall undergo the City's Design Review process. The design review is based on City-wide residential design guidelines and the La Laguna Estates Specific Plan. ,.......- ACENDA ITEM NO. ~ __ PACE---1-- Of _.13 - \ Appeal of Minor Design Review Denial (K Hovnanian/La Laguna) August 5, 2008 Page 2 Proiect Analvsis """" Floor Plans The proposed residential products denied by the Director, range in size from 1 ,859 square feet to 2,774 square feet. Plans one (1) and two (2) are single-story while Plans three (3) and four (4) are two-story. The four (4) plans offer 3-car garages and up to five (5) bedrooms. The following matrix reflects information on each Plan type: As reflected above, out of the 98 proposed single family dwellings, 44 are proposed to be single story. Architecture, Materials and Colors The applicant's proposal offers three (3) architectural styles which include; with Spanish, Craftsman, and Modern styles included. The material and color palettes are ......." similar blends of muted, natural colors in stucco, tile and concrete shingles. Model Home Complex Four (4) models reflecting each plan are proposed to be constructed on High Ridge Drive, off of McVicker Canyon Park Road. They will flank a parking lot that provides parking, landscaping and handicapped accessibility. Discussion Staff reviewed the proposed plans and visited the site and neighborhood. Staff also met with the applicant to review the project and discuss concerns regarding architectural style and the opportunity to enhance the neighborhood character of the La Laguna Estates Specific Plan area, particularly the area of this proposal. Although the applicant proposed non-structural architectural elements, which included the addition of shutters, an additional column treatment on one of the elevations, rounded vent treatments, the addition of a pot shelf element to one of the elevations (A- 3), and the placement of single story homes on some corner lots, staff concluded, keeping in mind direction to "raise the bar" as well as the concept of "four-sided" architecture, that the proposed homes continued to fall below the "bar." """" f:-,GENDA ITEM NO. PACE B.. 4 Of -n \3- ~ Appeal of Minor Design Review Denial (K Hovnanian/La Laguna) August 5, 2008 Page 3 r" Ultimately, the Community Development Director denied the request due to the following reasons: 1. The proposed designs do not fully incorporate architectural features on all four elevations, including; a lack of architectural pop outs similar to those found on the front elevation, a lack of arched windows and doorways, lack of recessed windows and doors, and a lack of wrought iron or similar accents. The La Laguna Specific Plan states that: The side and rear elevations of homes shall be well designed and given enhanced architectural treatment, especially when visible from public rights of ways. Additionally, the Specific Plan also states: Therefore, building massing, scale, and roof forms are the primary design components and require careful articulation. Exhibit 31 in the Specific Plan document (Attachment 6) identifies typical building massing and scale for Phases /I through VI (Attachment 7) of the project site. r" 2. Although, Amendment No.1 of the La Laguna Estates Specific Plan (approved in February, 2003) removed an attached multi-family community and substituted it with a new venue of single-family detached product, as shown in the Specific Plan and being proposed herein, it did not invalidate the design guidelines currently intended for the community nor allude to the continuation of the subject product being proposed for Tract No. 32337-2. 3. While the economic climate is in a severe downturn and the housing market has been greatly affected, staff believes that the City deserves a quality of home that transcends the current climate, considering that homes built today will remain for 50 or more years. Both the City of Lake Elsinore General Plan and Municipal Code state that it is the City's objective to offer quality development to its residents. The Municipal Code specifically refers to designs that create interest, provide varying vistas, and demonstrate quality and originality (Section 17.82.060). Additionally, the project location and commanding views of the lake and valley is a unique asset that should be complemented with superior architecture and design, which, in staffs opinion, is not being provided in this proposal. Recommendation r" 1. Consider the appeal and uphold the Community Development Director's decision to ACENDp,\ m:M NO.-=L--. PACE 3 Of_ ~. I 3.. Appeal of Minor Design Review Denial (K Hovnanian/La Laguna) August 5,2008 Page 4 deny the Minor Design Review; or ....., 2. Overturn the Community Development Director's decision and approve the Minor Design Review. Prepared by: Tom Weiner Planning Manager Approved by: Rolfe M. Preisendanz Community Development Director~ Attachments 1. Location Map 2. Building elevations of original (withdrawn) submittal February, 2007. 3. Letter from K Hovnanian Homes dated June 18, 2008 withdrawing original Design Review request. 4. Letter from Community Development Department to K Hovnanian Homes dated June 4, 2008 advising of Director's decision to deny the Minor Design Review. .5. Letter from K Hovnanian Homes dated June 18, 2008 appealing the Commun'ity Development Director's denial of the Minor Design Review. '-' 6. Exhibit 31 (Typical Building Massing and Scale) of La Laguna Estates Specific Plan. 7. Identification of Phases II through VI ....., AGENDA ITEM No.4,., PACE "" OF I 3 Attachment # 1 ,,-, VICINITY MAP MINOR DESIGN REVIEW APPEAL KHOVNANIAN/LA LAGUNA ,,- I r' I I I' DAL~C~~I ~ I II ~;:=fVA ~ 5:\'N\t-\O~.2B~. - ; ~ 5 r- G t= ,~ ME. ". ~\ >' L- I > ~ 1-. I\.- '-C/) j PROJECT BOUNDARY (~ = ~: = ~. "\~~, ~ ()~Sl / --- ~~N}-~ ~II' ~ ~.~l<<.:/, f~~ ~I) ~LbL.i): i?i~P'- 1 0''J/J {r 0- _,o<<Y / ~ & ---r ~ / ~~ ~.\~ ~ ~ ~ --- c:,l": . 0 ):: ~~l\).~ J 2 ~\\D ~~4~ ~ ~ 'K I"NI ~'Ltj" f--, ---''\~ V1~ ~~T\ \ lul.YI- ~ ~~ 11-..\ "'i,;,;.J t::f:::.-J.. ~ k IH,-=--OAfOt:?s'{ ~ t--,~ ~ n ~.", ~ CI/IC~;f1;PJI(.~. v MI:J .~~./~' - ttl.]:6 25 - 25. I-- :;y l ~'" -,lI(yyo'3! ~ ~j. AAI/few ffi ~ 5}.' 8, f----/::' ^" ~~~ _ ~s.r W~i- ~ t: ~. =1-- fJ) '>-. ~/~'() a::-(::> '- 1-, W ~,= \ 6 \ C/) - 0 _~ ,~ z - 0) / ~ ~i)j~ ~ ~iT '2, ~ ~~ ,1 ~ c2'" I ]1 JIM .---- W ~ o z <( -a:: CJ o .... J~ PLANNING COMMISSION 08/05/2008 AGENDA ITE"IIlI~Q._ Y.. I 3- PACE~5 _Of_ . -. - AGEtJDA ITEM NO.~ PA'GE t. OF ~ ~.........................................~ ~ Attachment #2 ""-tI' .. lr o z iii ..J .. .. " .. ~. on ..J ..J :;: .. 0: III lO .. u -....I ""'" Attachment #3 r- r:.T .T. r A.J/.ovnania ~~ 1fom~~ June 18, 2008 [Ri'<' ~.~' IS nn~J7~ [Q) .. 'I r-.t f ~, !. ,5..';:::/ c'::~.:;; u J L= Hand Delivered & Via Fax No. (151 ) 17/ - I Y/9 JUN 1 8 Z008 CITY' rJ. r-: I., (, vr: a:;:! S-lNORE \ 1 ':.-.r"",l \,t....~ '_1- ) PLANNING DIVISION City of Lake Elsinore Attn: Mr. Rolfe Preisendanz, Director of Community Development 130 South Main Street Lake Elsinore, CA 92530 RE: Residential Desi1!n Review 2007-04 Dear Mr. Preisendanz: The purpose of this letter is to indicate that K. Hovnanian Homes has withdrawn Residential Design Review 2007-04 submittal. As originally communicated to the City of Lake Elsinore in October of 2007, Residential Design Review 2007-04 should be withdrawn and no longer be considered pending. ,-..... K. Hovnanian Homes looks forward to working with the City of Lake Elsinore on future projects. Should you have any questions on this matter, please do not hesitate to contact me at (909) 937-3270. Sincerely yours, /J~ ~e;omero Sr. Land Planner K. Hovnanian Communities, Inc. cc: 1. K. Hovnanian Communities, Inc. Attn: Mr. Jim Perry, South Division President Via E-Mail 2. K. Hovnanian Communities, Inc. Attn: Ron Geier, Senior Community Manager (South Division) Via E-Mail /""" 3. K. Hovnanian Communities, Inc. Attn: Y ossi Noudel, Legal Counsel Via E-Mail 1500 S. HAVEN AVE, SUITE 100, ONTARIO, CA 91761 AOENOAITEM~. TEL: (909) 937-3270 FAX: (909) 390-5686 KHOV.COM PACE I OF If ..k.- .______ 1.3 _ CITY C)~. v h.?KE ,g,LSINO RI: ~ DREAM Ev'TREME .' . I' Attachment #4 ....." June 4,2008 Irene Romero, Senior Land Planner K. Hovnanian Homes 1500 South Haven, Suite 100 Ontario, CA 91761 SUBJECT: Director of Community Development Denial of Minor Design Review 2008-01 Dear Ms. Romero: This letter serves to notify you that the Director of Community Development ("Director") has reviewed your submittal/request to construct a previously approved product within Tentative Tract Map No. 32337-2. For the reasons listed below, the Director has denied your request and intends to return your Minor Design Review 2008-01 submittal within the next 30 days. You and your development team indicated that K. Hovnanian Homes may wish to appeal the Director's decision. If your appeal letter is received two weeks from the date of this letter, we shall hold the MDR submittal and fees, to be used to process your appeal. ....,,; The Director finds your submittal of MDR 2008~01 inappropriate given that we have Residential Design Review 2007 ~04 for "Cambria Hills" pending. Staff has diligently worked with your development team to bring the Cambria Hills RDR to public hearing. After seven months of meetings, discussions with your architect, and review of the numerous changes to your plans, Staff was prepared to go forward. However, in October of 2007, Ms. Jordan indicated that K. Hovnanian would be resubmitting drawings once again, for a new product line targeting the market for smaller homes. It is Staff's desire that we continue to work with you on a new product, rather than continue to construct the same product line that you began with in La Laguna Estates, and that now will comprise some 400 home sites in the specific plan. Staff also believes that given the location of Cambria Hills at the uppermost portion of the specific plan, the remaining balance of 200 sites should have larger homes of estate quality to capitalize on the amazing views of Lake Elsinore. 9516743124 I ;L1 ) MAIN STREET ....,,; !'~.I tl\l'",'i(1 ,..\'l'5.JO \\-\:\:\v.I.:\I\.I: tL)JNl_lf{t_~.)f{i..J AGENDA ITEM NO. 4J PAOE_ .6 I _OF I 3 ........ , ,,-. MDR 2008-01 Denial Letter June 4, 2008 Page 2 While we can sympathize with your plight during this difficult time in the housing market, Staff feels strongly that the City should not participate in the lowering of standards for bome construction. Our vision for a better Lake Elsinore is a long- term view of development. Staff also believes that the City has been patient with K. Hovnanian Homes before and during the transition from Forecast Homes, the original entity that started the project. During the approval of each map that progressed up the hill, the City was promised a higher-end product. Sincerely, /J1J/t------..uu -- Rolfe M. Preisendanz Director of Community Development Cc: Bob Brady, City Manager /"" ~ AGENDA ITEM NO. ~ PACE-3_0F --: I.~ ==---- v__ ------::, ( KJlovnanian' '~. ..' Homes..-d' Attachment #5 "will' June 18, 2008 Hand Delivered & Via Fax No. C1m "771- 1~/f \ ~~J:~8~~~~ I City of Lake Elsinore Attn: Mr. Rolfe Preisendanz, Director of Community Development 130 South Main Street Lake Elsinore, CA 92530 CITY OF Lf.\,KE ELSINORE PLANNING DIVISION RE: Minor Desh~n Review 2008-01 Dear Mr. Preisendanz: I am in receipt of your letter dated June 4, 2008 with its forewarning notification that the Director of Community Developm~nt (hereinafter "Director") intends to deny the application for Minor Design Review 2008-01 (hereinafter the "MDR") for the reasons stated therein. Therefore, the purpose of this letter is to indicate that K. Hovnanian Homes intends to appeal the Director's decision and also request that its submittal of the MDR be presented to the Planning Commission for review and consideration as provided for in City of Lake Elsinore Zoning Code Section 17.82.100G. Furthermore, and pursuant to your above referenced letter, this letter shall also serve as K. Hovnanian Homes' request that the City of Lake Elsinore will hold the MDR and the fees to be used for the appeal process. "will' K. Hovnanian Homes dissents with your conclusions and recommendation as reflected in your above referenced letter. The product submitted as part of the MDR was previously approved within the boundaries of the Specific Plan and therefore its approval by the City of Lake Elsinore cannot be deemed as "lowering the standards of home construction". The product that is included in the MDR is currently being constructed within Tract No. 32337-1, and is in compliance with the approved La Laguna Estates Specific Plan dated March 2003. Whereas K. Hovnanian Homes understands the, City of Lake Elsinore desires that K. Hovnanian Homes submit a product that is superior to the previously approved product, such submission cannot be supported by the collapse of the real estate markets and the new home building industry. The trends in the lending and real estate markets in general and within the City of Lake Elsinore in particular cannot uphold the construction of a superior product as the market barely justifies the affordability of the existing product. ......, 1500 S. HAVEN AVE, SUITE 100, ONTARIO, CA 91761 TEL: (909) 937-3270 FAX: (909) 390-5686 KHOV.COM ACENDA ITEM NO. 4- PAOE I (3 OF i I '3 ~- ".-.. City of Lake Elsinore June 18, 2008 Page 2 of2 ~ ... --..:::~ 1M ( i!(llovnanian'; \" Homes / '- ~ Although K. Hovnanian Homes recognized the potential of the area and the views of Lake Elsinore, the request that K. Hovnanian Homes now build "larger homes of estate quality to capitalize on the amazing views of Lake Elsinore" is defiant in light of the current housing market. Please note that the denial of the MDR may place an entire improved tract on hold, which will ultimately cause considerable daily losses for our company as well as to the City of Lake Elsinore. K. Hovnanian Homes appreciates your Staff and your willingness to carefully consider this issue and looks forward to working with the City of Lake Elsinore on future projects. Should you have any questions on this matter, please do not hesitate to contact me at (909) 937-3270. ,,--.- Sincerely yours, Ang ilson, VP of Land PlanIllng K. Hovnanian Communities, Inc. cc: 1. K. Hovnanian Communities, Inc. Attn: Mr. Jim Perry, South Division President Via E-Mail 2. K. Hovnanian Communities, Inc. Attn: Ron Geier, Senior Community Manager (South Division) Via E-Mail r' 3. K. Hovnanian Communities, Inc. Attn: Y ossi Noudel, Legal Counsel Via E-Mail 1500 S. HAVEN AVE, SUITE 100, ONTARIO, CA 91761 TEL: (909) 937-3270 FAX; (909) 390-5686 KHOV.COM AOENDA ITEM NO. PAGE 11 tj OF_ /3 1 '; c X Attachment #6 ~W11"'te f>t:ltP ~~ . " Y!?e p,P O/'t~c:7#r . P/fc:7Y'/Pe5 /1PsT1(PT7? ~t.YP ~1""-/.N'6'" VI'" W'/rU- M,A~.. j!!:;<rasf3/? ~~. ......, ~PAtI~.!JfI Cot.OmAL- tlGt: C?r' Ct>.t.tI;#'rY~ Co:1#'n:r- sa.;p /rI1~~ 7JW"" I.:> . ~;Y:-~"!76ep T1t/"'Yf?P'&-# . ~.u:' f7?~::z :- :.l~.... . M;, '.~ f"r/l'P't~ IV/V..t- /'~~ · ~~ ~. ~ "/</~y /WP . ': :~',' tAN~l-ft .P.o/"7,v'mMl.' ~ftI1l'?P~ ~ ~ i~~ .; ~~9 I'2:r- Ptf:f7A". IIp,,../Zt;)t'lTrv- ~/7l!!C7V/YtL PtPIlfPI'/r ~ t'11CPPMGt:t:? '-'" /J1lJiYre~Y Ot7y~ Pt?/<C-If t-t?IV~ tttl::?1'" UNet5 It? ~t/c:;& I'trt'A'VW'r VOt..V111 e.. A nor to scale .." II~;(,\..: LA LAGUNA Building Massing & Scale ESTATES SPECIFIC PLAN 1 '-')~ 87 AGENDA ITEM NO. '1,] PAvE . \:;. OF I. ~ _' - ~ -- Attachment #7 E x h J b t 8 Phase VI 'I Subject to change as Devetopment will be phased over a ~rlocl of fifteen nd.~opment agreement in response to marker demands and a logical extension of ... infrastructUre. . Phasing Plan ESTATES SPECIFIC PLAN A men ~it\*'M"'(Q. 1 PACE 13 Gi=-.CL 4R ~ v '-'