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HomeMy WebLinkAbout08/07/07 PC ReportsCITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA MICHAEL O'NEAL, CHAIRMAN W W W.LAKE- ELSINORE.ORG JOHN GONZALES, VICE CHAIRMAN (951) 674 -3124 PHONE JIMMY FLORES, COMMISSIONER (951) 674 -2392 FAX AXEL ZANELLI, COMMISSIONER LAKE ELSINORE CULTURAL CENTER PHIL MENDOZA, COMMISSIONER 183 NORTH MAIN STREET ROLFE M. PREISENDANZ, DIR. COMMUNITY DEVELOPMENT LAKE ELSINORE, CA 92530 ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TUESDAY, AUGUST 7, 2007 6:00 P.M. 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) 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. Regular Planning Commission Meeting Minutes for February 20, 2007. RECOMMENDATION: Approval PAGE 2 — PLANNING COMMISSION AGENDA— AUGUST 7, 2007 2. 3. 4. 5. Minor Design Review of a Single Family Residence located at 408 North Lewis Street (APN: 374 - 032 -007). • The applicant is requesting design review consideration for a 3,554 square foot conventionally built Single Family Residence CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz()lake- elsinore.org RECOMMENDATION: Continue Minor Design Review of a Single Family Residence located at 16300 Bailey Avenue (APN's: 378 - 223 -006 & 007). CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz(a)lake- elsinore.org RECOMMENDATION: Continue Minor Design Review of a Single Family Residence located at 319 Mohr Street (APN: 374 - 091 -007). • The applicant is requesting Minor Design Review consideration for a conventionally built Single Family Residence. CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz(a)lake- elsinore.org RECOMMENDATION: Approval Minor Design Review of a Single Family Residence located on Gunder Avenue (APN: 378 - 192 -028 & 029). • The applicant is requesting Minor Design Review consideration for a conventionally built two -story single - family dwelling unit. CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz(a-)lake- elsinore.ore RECOMMENDATION: Approval PAGE 3 — PLANNING COMMISSION AGENDA— AUGUST 7, 2007 6. Minor Design Review of a Single Family Residence located at 16290 Gunnerson Street (APN: 378 - 304 -002). • The applicant is requesting Minor Design Review consideration of a two - story conventionally built single family dwelling unit. CASE PLANNER: Kirt Coury, Planning Consultant Ext. 274, kcoM(a,lake- elsinore.org RECOMMENDATION: Approval 7. Request to waive or modify a Condition of Approval for the Minor Design Review of two (2) Single Family Residences located at 316 & 318 Townsend Street. The applicant is requesting approval to waive or modify Condition No. 10 of the approved Conditions of Approval from a previously approved Minor Design Review of two (2) Single Family Residences. CASE PLANNER: Linda Miller, Planning Consultant Ext. 209, lmiller @,lake- elsinore.org RECOMMENDATION: Denial 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.) 8. Residential Design Review No. 2007 -01, seven (7), two -story single - family residential dwelling units located on seven (7) existing lots located on Avenue 5 & 6. CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, aresendizOlake- elsinore.org RECOMMENDATION: Continue PAGE 4 — PLANNING COMMISSION AGENDA— AUGUST 7, 2007 9. Conditional Use Permit No. 2007 -11; and Commercial Design Review No. 2007 -11; for a proposed "shell' Retail Building and fast food restaurant with a drive - through (APN: 377 - 060 -016). The applicant is requesting a Conditional Use Permit and design review consideration for the design and construction of a 4,000 square -foot "shell" retail building and fast food restaurant with a drive- through on a .28 acre vacant site on Pad `B" within the existing Lake Elsinore Square Shopping Center. CASE PLANNER: Kirt Coury, Planning Consultant Ext. 274, kcoury(cDlake- elsinore.org RECOMMENDATION: Approval 10. Conditional Use Permit No. 2006 -13, Commercial Design Review No. 2006- 10 "Lake Elsinore RV Resort". The applicant is requesting a land use consistency determination for recreational vehicle parks and campgrounds as a conditional use within the Commercial Park (C -P) zoning district, as well as Conditional Use Permit and Commercial Design Review consideration for the remodeling and renovation of the existing City owned recreational vehicle park and campground. CASE PLANNER: Matthew Harris, Senior Planner Ext. 279, mharrisna,lake- elsinore.org RECOMMENDATION: Approval 11. Conditional Use Permit No. 2007 -07 & Commercial Design Review No. 2006 -17. • The applicant is requesting a Conditional Use Permit and Commercial Design Review for the design, construction and operation of a 56,006 square -foot two story single -user administrative office building and associated improvements. CASE PLANNER: Matthew Harris, Senior Planner Ext. 279, mharrisAlake- elsinore.org PAGE 5 — PLANNING COMMISSION AGENDA— AUGUST 7, 2007 RECOMMENDATION: Approval 12. Conditional Use Permit No. 2007 -14 located at 17600 Collier Avenue (APN: 389 - 210 -063). The applicant is requesting Conditional Use Permit approval for the establishment of an outdoor dining area with the sale of on- premise beer and wine. CASE PLANNER: Joe Bitterolf, Planning Intern Ext. 293, jbitterolf(o)lake- elsinore.org RECOMMENDATION: Approval BUSINESS ITEMS 13. Reorganization of the Planning Commission INFORMATIONAL STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 20, 2007 CALL TO ORDER: Chairman O'Neal called the Regular Planning PLEDGE OF ALLEGIANCE: Deputy City Attorney Santana led the ROLL CALL PRESENT: ABSENT: Also present wen Manager Weiner, Planner Resendiz, Coury, Plaunu g- C to order at 6:08 pm. MENDOZA, Development Preisendanz, Planning gineering Manager Seumalo, Associate or Planner Harris, Planning Consultant list Herrington. said therewas one (1) request to speak. Ms. Donna Freon of iLiike Elsinore Citizens Community stated that there will be another Lake Elsn o�v., itizens Committee Meeting on March ls` at 7:00 pm at the Tuscany Hills Recreation Center. She said for the past two (2) years, they have been working on two (2) major projects for the City to attract more people to the City. The first project is in regards to signage on Main Street that can be seen from the I -15 Freeway, welcoming visitors to the City. A presentation will be made at the meeting by the company that will be building the archway for the City. The second project is the Princess Boat. They will be sharing with the public what steps they have taken and how far along they are in restoring the Princess to its original condition to be used for educational purposes for their schools and universities for environmental and marine life studies and enjoyment for the people of Lake Elsinore. They invite all of the Commissioners to attend the meetings and would like to thank those Commissioners that AGENDA ITEM No. I PAGEL_OF J I _ PAGE 2 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 attend and participate in the discussions with their Constituents. Past participation has been very helpful and there is a much greater rapport between the citizens and the City Council and the Planning Commissioners. Everyone in the City is invited to attend, Thursday, March I" at 7:00 pm, Tuscany Hills Recreation Center which is located at 75 Summerhill Drive, and for more information, to call (951) 674 -1989. CONSENT CALENDAR ITEMS Chairman O'Neal is pulled Item Numbers 2 and 4 and requested a motion for the balance. 2. 4. MOVED BY MENDOZA, SECONDED AND PASSED BY A VOTE OF 4 -0 TO BALANCE. (APN: 374 — 171 — 007) Chairman O'Neal stated that Items 2 THE Director of Community Development Prel§engyhz sat �t at'staff is requesting a revision to one of the Conditiots opproval forL�ms 2 and 4 and asked Planning Manager Weiner to discuss thiswith the Cbmmission.x, Planning Manager Weifi&jnddtdated� staff wasP'modifying Condition Number 7 which applies to Ite bers land 4 anel aupuld�hke to delete the last two (2) sentences In addition, AfC apphc� an d'kgoTg all the way to the period to the end of the paragraph" ����,v related to Fire Denartment. is being deleted. Director of Comm,,,��T unity Development Preisendanz stated that with regards to the Lake Elsinore Water DtstnpGwater flow issues, the Fire Department has indicated that they do not regulate water p essure or volume, therefore, they didn't want to place the applicant with a Condition that he could not satisfy. They have asked that the applicant be subject to Conditions of Approval of the Fire Department, but not the water flow and sufficiency of water pressure. Chairman O'Neal clarified that what staff is deleting is any responsibility from the Fire Department in terms of water flow. Director of Community Development Preisendanz stated that they have approached the Fire Department to receive a written verification of water pressure and volume and the AGENDA ITEM NO. L PAGE��OF�_ PAGE 3 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Chief has indicated to the City that they are not responsible for water volume or flow, their issues are related to access and hydrant location and they are deferring that responsibility to the Water District. Chairman O'Neal stated that if they drive up to a fire hydrant and there isn't any water there, that is not their problem? Director of Community Development Preisendanz said no, it is a problem of both but the Fire Department has not, in the past, provided written verification for the water flow. Commissioner Zanelli stated that the Fire Department is not req '*f&dgo provide the water flow, they do have a standard that is acceptable to them; "` d if the standard is not acceptable then it falls back on the Water Department to4vtdel equate service. Director of Community Development Preisendanz�3e that the,Fi�re Department is relying on the Water Department to provide volume and pressureVelording to their e. . requirements. Commissioner Zanelli stated that they are requiringtl��r that states Director of Community Development Preisendanz said i,libya have had a circumstance where the applicant has gone to Fire an d req'uestgd written ve fie 'aiion from Fire and they l , haven't been able to accommodate that. , . Commissioner Zanelli gaidithat, one of the �cuments,iates that because there is a fire hydrant that is not vXitlun five li�ndred (500)eet of the residence that the applicant may be required to provi e,a hydrant. He d0esw't feel it should be the applicant's responsibility to do soivae therr e multiple,other residences beyond that five hundred (500) foot limit -at Ums polity. It would,�� fair to penalize this applicant in that way. He realize's this is a problerii4 on out try Club Heights and at some point come up with az adequate solution fore "tsq the Fire Department ever goes out and test water for pressure? Commissioner Zanelli,, he can't respond to that because he is not familiar with their procedures. The Agency that he was with, conducted tests on every hydrant and every street valve on an annual basis throughout the City, which was a City controlled Water Department and Fire Department but in the City of Lake Elsinore there are three (3) different Agencies that don't interact with each other. MOVED BY GONZALES, SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 4 -0 TO APPROVE A MINOR DESIGN REVIEW OF A TWO STORY SINGLE - FAMILY RESIDENCE LOCATED AT 17395 BROMLEY AVENUE (APN: 378 - 142 -016). q� c k OA t-i Vii NO PAGE ? _OF PAGE 4 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 MOVED BY GONZALES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 4 -0 TO APPROVE A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON LANGSTAFF STREET (APN: 374 - 171 -007). PUBLIC HEARING ITEMS 5. Tentative Tract Mao No. 33140 Director of Community Development Preisendanz stated, tl ate he applicant has conceded to a continuance and staff is requesting the project be continued to the March 6, 2007, Planning Commission Meeting. Commissioner Zanelli stated to Deputy City;,A omey Santana that he i es� within five hundred (500) feet of this project and confirmed with her tha6he is not allowed to vote on this. �' 41 Deputy City Attorney Santana stated to Commissioner Zanelli that since he lives within five hundred (500) feet of the project he will need to recu e4hunself but if he would like to speak to regarding the project as a property 6wnetthe couldksit in the audience. Commissioner Zanelli 0_Cwc CONDED BY GONZALES, OF 3 -0 TO CONTINUE NO. 33140 TO MARCH 6, reconsider Item No. 4. :ONZALES, SECONDED BY ZANELLI, BY A VOTE OF 3 -1, TO RECONSIDER A MINOR DESIGN REVIEW OF A DUPLEX LOCATED ON LANGSTAFF 374 —171 — 007). Applicant, Hector Zubieta, said regarding Item Number 4, Residential Duplex on Langstaff (APN: 374 -171 -007), Condition Numbers 48 and 49 about preparing the street alley improvement plans, he stated the street, curb, gutter and sidewalk are done. Director of Community Development Preisendanz referred Condition Numbers 48 and 49 to Public Works Director Seumalo. AGENDA ITEM NO. —I PAGE OF PAGE 5 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Public Works Director Seumalo stated that this is a standard Condition of Approval and they were not making a comment on whether the improvements were in place or not, but that if something in the field is missing these two Conditions would cover it. Therefore, he recommends that the Conditions remain in place and staff has the ability to make interpretations that the improvement is in place or what's needed and issue the Building Permit as far as engineering goes. MOVED BY MENDOZA, SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 4 -0 THAT CONDITION NUMBERS 48 AND 49 OF A MINOR DESIG REVIEW OF A RESIDENTIAL DUPLEX LO AIFD ON LANGSTAFF STEET (APN: 374 - 171- 007),aREMAIN THE SAME. n', R Chairman O'Neal opened the Public Hearing at 6. Chairman O'Neal stated that staff is to speak. Abraham Mahgerefteh who resides at said he is in favor of the projc the drainage of this siteyko hiss" City or somebody putsandba the opening is noahgned to possibly children put tl' %�sandl ability to jump,,,, the wall whtci the drainaQe'to the Qutter. 6, but re to mat gutter so :)n,top of Pin. however, there is a request intry: ,,ub Drive, Costa Mesa, California, ponsIstated that they have redirected re is debris coming through the wall. The sure that the water turns into a gutter but fit rains, it doesn't go through land but c other next to the wall so they have the s and asked that the City properly redirect at 6:25 pm. ZANELLI, SECONDED BY MENDOZA, i BY A VOTE OF 4 -0 TO CONTINUE ,L USE PERMIT NO. 2005 -19 TO MARCH Chairman O'Neal opened the Public Hearing at 6:25 pm. 7. Conditional Use Permit No. 2006 -01, Commercial Design Review No. 2006 -01 & Uniform Sign Program No. 2007 -01 "Lakeshore Plaza Shopping Center" Director of Community Development Preisendanz stated that staff would like to continue this project to March 6, 2007, in order to meet further with the Police Chief regarding the alcohol sales. AGENDA ffEMl Nt1•� PAGEMO PAGE 6 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Chairman O'Neal closed the Public Hearing at 6:25 pm. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 4 -0 TO CONTINUE CONDITIONAL USE PERMIT NO. 2006 -01, COMMERCIAL DESIGN REVIEW NO. 2006 -01 & UNIFORM SIGN PROGRAM NO. 2007 -01 "LAKESHORE PLAZA SHOPPING CENTER" TO MARCH 6, 2007. Ell Chairman O'Neal opened the Public Hearing at 6: Director of Community Development proposed project and requested Project and go over any questions. Senior Planner Harris provided an codes and the project has been review and states that staff is recor (45) Conditions of Approval and only be $64.00. Applicant Peter K6' 11Nwho resides at 10675 that he hasn't had a chanceAo bfina)ly respo: to make a few niments O'Neal roved a brief 06 e'rNy" W of the to review it with th�Commission project complies with all from an environmental ject. There are forty five anhical error and should a Street, San Diego, California, stated some of the Conditions and would like with all of the Conditions of Approval. Mr. Knolllitid he did noragree with all of the Conditions of Approval. He stated that regarding Condition Numer 16, the trash enclosures are currently existing. Also regarding Condition Number 18, he stated that on two (2) of the buildings, the exterior ladders are the acc ss: oof access on the other remaining buildings do exist through the interior of the building'through roof hatches and they do not plan to make any changes to that access. Condition Number 19, two (2) of the six (6) buildings, the roof drainage is through scuppers with downspouts, and they do not plan to make those changes as well. Condition Number 33, "prior to the erection of the first wall mounted sign, sign program should be revised to require halo lit letters for all the signs," a lot of the existing tenants have long leases and that they are changing the entire versa of the building and don't _ want to burden the tenants with having to go through the cost and expense of putting these signs on this particular site. AGENDA ITEM NO. PAGE_�_OF PAGE 7 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Senior Planner Harris said the only Condition that staff would take issue with is Condition Number 33. Staff worked with the applicants on their sign program and had requested that they scale down their large monument sign out front along the street, and they indicated that they had to have visibility back to the rear building, in addition, there were too many tenant panels on that sign. Staff stated that if they recommended approval of the large sign out front that they would in turn do the halo lit signs which have been requested of various centers in Lake Elsinore and feels that it would be appropriate for the center given the visibility from Mission Trail, in addition, there will be a lot of new residences there and the halo signs will create a better aesthetic. Director of Community Development Preisendanz asked the apZlit if he is objecting to all of the signs being changed to a halo lit or that in transition they would need to be K1V halo lit, and as they change their signage, they would neee , c m le�y. Mr. Knoll stated that when they do the facades all of the signs wiIF oming off and he doesn't want to burden the tenants with havin he expense of the h it lights. They did reduce the size and scale of the (25) feet. Director of Community Development lit lights is a new requirement of commercial centers and compliment halo lit signs, this is a Planning cone He proposed that the current signs be the signs be upgraded to '!halo lit. Chairman O'N Chairman work dorib''ik:- outstanding very much m favor of the F➢ (30) five fed'that the requirement for the halo veIopments that will enhance the as 9ftOWe code does not require tion thgtwill improve the property. stalled and as new tenants come in, signs. to speak regarding this project. this nnprovement has been needed for a long time. She said p area aid that business has not been good because of this but Yd hopes the project will be contagious. She says that she is Speaker didn't stshermame. She said she owns Kids in Action (pre - school), the building next door.}fe stated that they have improved their building and is very excited s: that they are coming to do a face lift, and is very much in favor of the project. Chairman O'Neal closed the Public Hearing at 6:42 pm. PLANNING COMMISSIONER'S COMMENTS Commissioner Zanelli said he liked the design and thinks it will be a big improvement and is more than willing to be flexible in working out whatever is possible with the signage issue. G, '04 DA MIA IM.- -I PAGE _OF I_,�,.1 _ PAGE 8 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Commissioner Mendoza believes that any positive change is well needed and also agrees that they can be flexible as far as the signage is concerned because anything that will improve the City is positive and encourages the staff to work with the owner and the developer to come up with alternatives for this because he thinks it's going to look great. Vice Chair Gonzales is also in favor of the project and asks if anything has been done to the Washington Mutual building. Sean Pourtmeyor, property owner, stated that their hope is to ;, ossibly get a family restaurant or something of that nature. The applicant showed an example of the new sign they Planning Commissioner Mendoza stated that, �if rfe� owner iswilling to make improvements to a building that is not being usedat this time, there is ;fipthing but good faith being established by the owner. „ Chairman O'Neal stated that staff needs to eliminaYe�Gbidrtion Numbers `17, 18 and 19 and resolve the language on Condition Number MM He said that staff and the Commission are trying to accommod g; what the they need t lido. The applicant proposed that when a nev to whether or not they would like a halo Senior Planner is optional. The applicant1stated that certain caliber of tenarit th Hams sai atea now; The applicant be given the option as as it is written now proposes that since it iTAesnI" stify the rents and they must acquire a to put that kind of money into a sign like that. recommending that Condition be deleted and it be ally want to do it, they can. Commissioner Mend bia stated to Chairman O'Neal that on Condition Number 18, instead of no exterior roof ladder shall be permitted, can it be re- worded to say added so they know no additional ladders on there. Staff agreed that Condition Number 18 be re- worded so that `no exterior roof ladders shall be permitted' will be changed to `no exterior roof ladder shall be added', therefore, no additional ladders will be put on the building. Chairman O'Neal clarified that there will be repairs on the current ones and striking Condition Number 17. AGENDA 1?EM NO. PAGE,�—,OF PAGE 9 — PLANNING COMMISSION MINUTES — FEBRUARY 20, 2007 MOVED BY MENDOZA, SECONDED BY GONZALES, AND PASSED BY A VOTE OF 4 -0 TO APPROVE RESOLUTION NO. 2007 -34, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -09, FOR THE RENOVATION OF THE MISSION TRAIL SHOPPING CENTER COMPLEX INCLUDING THE REVISIONS TO CONDITIONS 17 WHICH HAS _m BEEN DELETED, 18 WHICH HAS BEEN MODIFIED, 19 WHICH HAS BEEN DELETED AND,eM, WHICH IS DELETED. MOVED BY GONZALES, SECONDEWBY MENDOZA, AND PASSED BY A VOTEOF 4 -0, TO APPR( \VE RESOLUTION NO. 2007-35 AwRESOLUTION OF TW PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM NO. 2007a�2, FOR THE COMMERCIAL SHOPPING PLAAKNOWN AS MISSION TRAILS CENTERtWITH THE�DELETION OF CONDITION NUMBER 33, PERTAINING TO THE UNIFORM SIGN PROGRAMeP "'ar STAFF COMMENTS '3 Director of Public WorksSeumalo, said he had' �four (4) items to update for the Capital � Improvement Progra . T e Railroad�Canyon Road, I -15 striping has been delayed and the City is''workmg�'. th. Cal =Trans to resolve some reconfiguration issues, however, the hope i�,,"that the stripmga�iIl be complted by the end of this week and the project will be complete& The Railroad Canyon Road Slope Repair Project will be completed at the end of this week with only one more fence to complete. The annual CIP Budget Study Session will R4eld mid ApiiI and he would like the Commission to start thinking about new projects they would like to see go onto the Capital Improvement Program for funding. He stated thatf'it is not funded, that is okay too, as long as it's on the radar, it will be beneficial. Chairman O'Neal asked Director of Public Works Seumalo, if they can put a traffic light at Gunnerson and Riverside Drive. Director of Public Works, Seumalo said yes. He also said regarding the I -15/74 Ultimate Interchange Project, they were hoping that the performance numbers for a single point interchange would justify its construction. Also, the traffic numbers came back and Cal - Trans is now leaning towards a partial clover which will detrimentally impact the Burger King and property to the southwest of that area. Those right -of -way impacts are AGENDA ITEM NO._—L_- PAGE OF_t_ PAGE 10 - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 unavoidable because the performance of the interchange needs to be justified. The single point interchange which has limited right -of -way needs doesn't perform as well as the partial clover which has more right -of -way needs. Director of Community Development Preisendanz let the Commission know that there is a City Council Study Session pertaining to the Civic Center on Thursday, February 22, 2007, at 5:00 pm at the Cultural Center. Deputy City Attorney Santana had no comments PLANNING COMMISSIONER'S COMMENTS Commissioner Zanelli had no comments. Commissioner Mendoza asked when the Planning Commission. Planning Manager Weiner stated that the 6'h Planning Commission meeting. Commissioner Mendoza asked when Planning Manager Weiner stated that as far as occupancy, and he was not they are almost finishedellis'yG, -° Commissioner Mdid Mr. Zubieta's project Planning COmm* 01 Commissioner Met get involved in any be going to the for March are being taken care of ;nts were done yet, but Co Chairman � ; eal the reason why he disapproved of iba to the Consent Calendar, Mr. Zubieta knows the ores �et;hdR at in the audience and let the Planning eeback to it and in the past, he did not attend the meeting, , owho agreed to all of the Conditions. When Mr. g, --di d not agree with four (4) of the Conditions. If he >uld follow them, he shouldn't have proxies come to the Chairman O'Neal stated that Mr. Zubieta does know the L stated that he does think that is it great that the Chief of Police establishments that will be selling and serving any alcohol. Chairman O'Neal stated that the Rite -Aid Drug Store got continued to the March 6th Planning Commission meeting so that the Chief of Police could weigh in on alcohol sales. Commissioner Mendoza asked Public Works Director Seumalo about Capitol Improvements on Franklin. HLENDA ITEM NO.___J_, PAGE OF I I PAGE 1 I - PLANNING COMMISSION MINUTES - FEBRUARY 20, 2007 Public Works Director Seumalo said that the design is completed and staff is looking to bid later this month or early next month. Vice Chair Gonzales had no comments. ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN O'NEAL ADJOURNED THE MEETING AT 7:05 pm. Respectfully Submitted, Kris Herrington Office Specialist III ATTEST: Rolfe Preisendanz, Dir F f 3 AGENDA ITEM N0. 1 pAGE 1 OF CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 79 2007 PROJECT TITLE: MINOR DESIGN REVIEW (MDR) OF A SINGLE - FAMILY RESIDENCE LOCATED AT 408 NORTH LEWIS STREET (APN: 374 - 032 -007). APPLICANT: JOSE CESAR, 31172 WISCONSIN STREET, LAKE ELSINORE, CA 92530. OWNER: JOSE CESAR, 31172 WISCONSIN STREET, LAKE ELSINORE, CA 92530. PROJECT REQUEST The project requires additional time to resolve issues related to architectural design. Therefore, staff is requesting that this item be continued to an off calendar date. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM NO. c PAGE_L_OF I TO: FROM: DATE: CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 79 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16300 BAILEY AVENUE (APN'S: 378 - 223 -006 & 007) APPLICANT: MR. RAFAEL MARTINEZ, 31541 SAGECREST DR., LAKE ELSINORE, CA 92532 OWNER: MR. RAFAEL MARTINEZ, 31541 SAGECREST DR., LAKE ELSINORE, CA 92532 PROJECT REQUEST The project requires additional time to resolve issues related to architectural design. Therefore, staff is requesting that this item be continued to an off calendar date. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM NO. PAGE__.OF_ -_J__- CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 712007 PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 319 MOHR STREET, ASSESSOR PARCEL NUMBER 374 -091- 007. APPLICANT: MR. VINCE GIBBONS/NORTHSTAR DEVELOPMENT LLC; 1981 MARLBOROUGH AVENUE RIVERSIDE, CA 92504 OWNER: NORTHSTAR DEVELOPMENT LLC; 1981 MARLBOROUGH AVENUE RIVERSIDE, CA 92504 PROJECT REOUEST The applicant is requesting Minor Design Review consideration for a conventionally built Single - Family residence pursuant to Chapters 17.82 (Design Review); Chapter 17.14 (Residential Development Standards); Chapter 17.23 (R -1 Single Family Residential District) of the Lake Elsinore Municipal Code (LEMC); and the Lake Elsinore Historic Downtown District and Architectural Design Standards. AGENDA ITEM NO. � PAGE OF _3b PROJECT LOCATION The project is located at 319 Mohr Street within the City's Historic Downtown Overlay District and zoned as "LMD" Low Medium Density Residential. PROJECT DESCRIPTION The project site is located on an 8,712 square foot vacant lot, which is located on the southwest corner of Pottery and Mohr Street within the Historic Overlay District. The property is also located within the Redevelopment Agency Area Number 3. The applicant plans to construct a two -story 1,605 square foot conventionally built residence with a 462 square foot attached two -car garage for a total of 2,412 square feet of building area which would cover a maximum of sixteen percent (16 %) of the 8,712 square foot lot. ENVIRONMENTAL SETTING Single- Family Residence The proposed residential unit will include a living room, dinning room, kitchen, three (3) bedrooms, two (2) bathrooms, a loft area, laundry area and an 462 square foot attached two -car garage. AGENDA ITT NO.� PAGE OF `0 : ' ^�ONIN" " RAoL PL AN �G Nf ly � "AND USE R4G iu 2"r Q, 9�l ayvc 'V y �t Project Vacant LMD (Low Medium LMD (Medium Density Site Density) District North Single Family LMD (Low Medium LMD (Low Medium Density) Density District South Vacant LMD (Low Medium LMD (Low Medium Density) Density District) East Single Family LMD (Low Medium LMD (Low Medium Density) Density District West Vacant LMD (Low Medium LMD (Low Medium Density) Density District) Single- Family Residence The proposed residential unit will include a living room, dinning room, kitchen, three (3) bedrooms, two (2) bathrooms, a loft area, laundry area and an 462 square foot attached two -car garage. AGENDA ITT NO.� PAGE OF `0 REPORT TO PLANNING COMMISSION AUGUST 79 2007 PAGE 3 OF 5 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 319 MOHR STREET APN 374 - 091 -007. Architectural Style The Historic Overlay District Standards require that new residential construction include elements of various 1920's styles including Bungalow; Craftsman, and Prairie. The architectural design proposed for this project reflects a "Spanish Architectural Style" which includes characteristics such as decorative pre -cast arched treatments above the entry way and the garage door. Other characteristics are the arched windows that are enhanced by wrought iron ornamentation, with the same elements reflected on the railing applied to the balcony. The low pitch roof is covered by a Hilo sunset (reddish tone) "S" shape light concrete tile, including the clay pipes that are used for attic vents. Finally, the white color exterior walls will be stucco and will have a "California" texture finish that will complement the proposed project in addition to meeting the intent of the Lake Elsinore Historic District Development Standards and Design Guidelines applied. Materials and Colors Architectural Feature Material Colors Entry Door Wood Padre Brown Walls Stucco- California Finish Bright White Roof Light Concrete "S" Tile Hilo Sunset Window/Door Accents Precast Concrete Natural Gray Balcony Railing Wrought Iron I Black Window Treatments Wrought Iron I Black Landscaainz and Fencing The applicant has provided a Preliminary Landscape Plan that proposes treatments along the front and rear of the property. A Condition of Approval has been incorporated into the staff report, requiring street trees, additional shrubbery, and an automatic sprinkler system at the front of the property. The applicant is also providing a six (6') foot high perimeter wood fence as per city standards. AGENDA IT KM NO. I PAGE OF ;W REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PAGE 4 OF 5 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 319 MOHR STREET APN 374 - 091 -007. ANALYSIS Staff has determined that the proposed project meets the minimum requirements of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. Additionally, this home will meet or exceed the quality of the existing homes in the area, both in size and design. As part of the conditions of approval the applicant is required to provide a "Will Serve" letter from (EVMWD) Elsinore Valley Municipal Water District. The applicant was also notified by staff that although water service exists, a fire flow test with the results acceptable to the Riverside County Fire Department would also be required. Additionally as per the conditions of approval, no building permits will be issued until an acceptable fire flow test is conducted. The proposed plans also indicate the allocation of a private septic system at the rear of the property to service the proposed development, since the nearest sewer line is located at the intersection of Mohr Street and Sumner Avenue, which is approximately 550 feet away. ENVIRONMENTAL DETERMINATION The proposed project has been deemed categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single - family residence. (See 14 C.C.R. § 15303(a)). RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007 - approving the proposed Minor Design Review for a 1,605 square foot conventionally built residence and a 462 square foot attached two -car garage, for a total of 2,412 square feet of building area to be located at 319 Mohr Street. This AGENDA ITF�M NO.1 PAGE 4 OF REPORT TO PLANNING COMMISSION AUGUST 79 2007 PAGE 5 OF 5 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 319 MOHR STREET APN 374 - 091 -007. recommendation is based on the following Findings, Exhibits, and attached Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. SIGNED DRAFT AKNOWLEDGMENT OF CONDITIONS OF APPROVAL 5. CEQA- NOTICE OF EXEMPTION 6. EVMWD WATER AND SEWER LOCATION MAP 7. WILL SERVE LETTER 8. REDUCED EXHIBITS 9. COLOR SWATCHES 10. LARGE EXHIBITS AGENDA ITEM NO. Y PAGE a OF %) VICINITY MAP FOR A SINGLE FAMILY RESIDENTIAL DWELLING UNIT PLANNING COMMISSION AUGUST 7, 2007 j\BENDA ITEM /NO.�.- ---- -- PAG@_r2___-OF 3�0 RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A TWO -STORY SINGLE - FAMILY DWELLING UNIT LOCATED AT 319 MOHR STREET. WHEREAS, Vince Gibbons filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a two -story single - family residence located at 319 Mohr Street, (APN: 374 - 091 -007); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item on August 7, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the single family residence and has found it acceptable. The Planning Commission finds and determines this project is consistent with the Lake Elsinore Municipal Code ( "LEMC "), and the Historic Elsinore Architectural Design Standards. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single - family residence. (See 14 C.C.R. § 15303(a)). SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: AGENDA I NO. P PAGE OF PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 3 1. The Project will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of General Plan designation, which is Low Medium Density. The Low Medium Density designation is intended for a wide range of residential development types including attached and detached single-family units at the lower end of the range and multiple family units at the higher end of the density range. The maximum permissible density under the Low Medium Density designation is six (6) dwelling units per acre. The Project proposes a single dwelling unit for the entire existing lot, which falls within the permissible density range of the Low Medium Density designation. The Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within the City of Lake Elsinore. The Project encourages the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates "Spanish" style architectural elements provides a well rounded design and maintains the desirable rural characteristics and base framework of the City to achieve quality and compatibility with preexisting development. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the single family dwelling unit integrates a twenty foot (20 ) front yard and rear yard setback, sufficient front yard landscaping and safe and sufficient on -site vehicular circulation. Further, use of the " Spanish" architectural style in the Project complements the quality of existing development and will create a visually pleasing, non - detractive relationship with existing projects in the area. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single family residential structure. Even though the Project is exempt from CEQA, AGENDA _ N PAGE E �Xi' OF F PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 3 it has been reviewed by all City divisions and departments, which have imposed a series of conditions of approval on the Project to ensure that the Project does not have a significant impact on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to LEMC Section 17.23 (R -1 Single- Family Residential District). Any revisions to the Minor Design Review shall be processed in a similar manner as the original Minor Design Review. All plans submitted for building division plan check shall conform to the submitted plans as modified by the Conditions of Approval. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7". day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz, Director of Community Development AGENDA ITEA No. PAGE 4 OF CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE LOCATED AT 319 MOHR STREET (APN: 374 - 091 -007). PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Single - Family residential development project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a single - family dwelling unit located at 319 Mohr Street (APN: 374 - 091 -007), will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to the issuance of building permits the applicant shall provide the AGENDA ITEM ND. PAGE 11 0116 Community Development Department confirmation that fire flow availability and emergency access has been found to be acceptable by the Riverside County Fire Department. 7. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 8. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 9. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 10.All windows shall use foam surrounds and/or other architectural -type features approved by the Community Development Director or designee. 1 l.The applicant shall provide coach lights on each side of the garage doors. 12.All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 13.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 14.The Applicant is to meet all applicable City Codes and Ordinances. 15.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the AGENDA ITEM NO. PAG E OP approval of the Community Development Director or designee. 16.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 17.The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 18.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2') into the required minimum side yard setback. 19.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 20.The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 21.Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 22.Driveways shall be constructed of concrete per Building and Safety Division standards. 23.All walls or fences located in any front yard shall not exceed thirty-six inches (36 ") in height with the exception that wrought -iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 24.The applicant shall be required to remove and replace any existing chain link AGENDA ITEM NO, PAGE AOF fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 25.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 71- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 26.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 27.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 28.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he /she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 29.The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 30.Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six -foot (6') wood fence along the perimeter of the property. In addition, the proposed return walls and pilasters shall aesthetically match the exterior materials of the proposed dwelling unit. 31.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) prior to obtaining building permits. AGENDA ITEM NU. PACEN2)_ OF 3D 32.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square -foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square- footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square- footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34.The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water service arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. COMMUNITY SERVICES DEPARTMENT 35.The applicant shall pay park fees of $1,600 per unit. 36.The applicant shall be required to participate in the "public facility" fee program. 37.The applicant shall comply with all NPDES storm water requirements. 38.The applicant shall participate in the City -wide LLMD. AGENDA ITEM NO. PAGE A OESO 39.The applicant shall comply with all debris removal and recycling as I Municipal Code. City Ordinances regarding construction x Section 8.32 of the Lake Elsinore 40.The applicant shall meet City curb, gutter, and sidewalk requirements. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY 41.The Applicant shall plant twenty -four inch (24 ") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30') apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 42.The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 43.The applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 44.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 45.The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 46.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. AGENDA ITEM O. PAGE15 OE ENGINEERING DIVISION GENERAL: 47.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 48.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 49.Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934 -0838. 50.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. 51.Provide fire protection access and facilities as required in writing by Riverside County Fire. 52.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. 53.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez @lake- elsinore.org ". AGENDA IT61NO. 4 PAGE ( OF 7��CJ DEDICATION: 54.Dedicate 20' wide strip of additional street right of way along the northerly property line to the City prior to issuance of building permit. 55.Dedicate additional right -of -way for a standard corner cutback for the fixture curb return at corner of the Mohr and Pottery Streets. 56.Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. STREET IMPROVEMENTS 57.Construct all public works improvements from property line to one foot beyond centerline of Pottery Street and Mohr Street (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base ) and transitions as required (2.5" AC over compacted native base) per approved street plans (LEMC Title 12). Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 58.A Calif. Registered Civil Engineer shall prepare street and alley improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb. The profiles and contours shall extend to 50' beyond the property limits on Pottery and Mohr Street. 59.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 60. Work done under an encroachment permit for off -site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. AGENDA ITEM O. PAGEkX Of 61.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 62.Developer shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of grading permit approval. 63.Apply and obtain a grading permit with appropriate security prior to any grading activity. 64.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and /or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 65.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist - Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 66.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. The geotechnical engineer shall make recommendation for the minimum distance of building foundation to the top and toe of slopes. AGENDA ITEM NO. PAGE 1+1 OF DRAINAGE: 68.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 69.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. FEES: 71.Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is 567.00 (Town No. 6 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be Dusted according to the fee schedule current at the time of payment. 72.Provide in -lieu payment for future off -site public improvements prior to building permit. (Res. 86 -35) In —lieu payment shall be calculated by developers' engineer or architect and submitted for City Engineer's approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration. The street improvements shall include 6' wide concrete sidewalk and curb and gutter, and 3" AC over 5" AB pavement section to center line of the street. STORMWATER/ CLEANWATER PROTECTION PROGRAM City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. AGENDA ITEM NO,. PAGE�OI PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. AGENDA ITW NO. PAGE CIDOF t7 A CKNO WLEDEGEMENT OF DRAFT CONDITIONS RE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE LOCATED AT 319 MOHR STREET (APN: 374 - 091 -007). I hereby state that I /We acknowledge the draft Conditions of Approval for the above named project. I /We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. V_ Datc: -n Applicant's Signature: Print Name: �n cE T bl o i_S Address: 8 y� 9 n ,« t- i{ vt✓ Phone Number: j 5 / - AGENDA Ii'E8n NO. PAGE °2 OF 30 City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -3124 (951) 471 -1419 fax Notice of Exemption Filed With: ❑ Office of Planning and Research ❑O County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Minor Design Review for a two -story Single - Family Residential Dwelling Unit. Project Location (Specific): 319 Mohr Street Project Location (City): City of Lake Elsinore Project Location (Country): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant plans to construct a two -story 1,605 square foot conventionally built residence with a 462 square foot attached two -car garage for a total of 2,412 square feet of building area which would cover a maximum of sixteen percent (16 %) of the 8,712 square foot lot. The project site is located on an 8,712 square foot vacant lot, which is located on the southwest comer of Pottery and Mohr Street, which is zoned as "LIVID" Low Medium Density within the Historic Overlay District. The property is also located within the Redevelopment Agency Area Number 3. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑x Categorical Exemption (state type and section number): Reasons why project is exempt: Contact Person: Signed: Rolfe M. Preisendanz Article 19 Categorical Exemptions: Section 15303, Class 3 (a) New Construction or Conversion of Small Structures Meets the requirements applied by Section 15303 of CEQA. Telephone Number: (951) 674 -3124 x 232 Title: Director of Community Development AGENDA ITEM NO._ _ PAGE XI OF 30 08/02/2007 12:36 9516747554 ENGINEERING PAGE 01/02 Elsinore Valley Municipal Water District Service Commitment Letter # 1826 -1 Originally Quoted: 8/31/2006 / Revised 2/6/2007 P.O. Box 3000 - 31315 Chaney St. - Lake Elsinore, CA 92530 (951) 674.3146 - FAX (951) 6747554 Location: Mohr Street, Lake Elsinore, CA # of Lots: 1 zoning: Residential Acreage: <1 APN: 374 - 091 -007 Tract Map: Phone: (951) 369 -6749 Fax: (951) 369 -6767 North Star Development, LLC Will Serve Fees Paid: $75.00 1981 Marlborough Avenue Paid bate: 6/24/2006 Riverside, CA 92507 Atln: Vince Gibbons ph: 524 -1474 Check / Receipt #: .3037/179656 C_ Water Fees falective, Date 1/1/2007 to 6/30/2007 Project IS in the District and Is eligible for service. Per Unit Fee Description Unit Oty Base Fees Cradlt/ Adjust Net Fees Total Amt 3/4' FS PD Meters Domestic 1 $7,546.00 - $7,546.00 $7,546.00 Fees per Unit: $7,546.00 Total Water Fees $7,546.00 ,; ' Sewer Fees �ffecilVe Dote 171/2UU7.to 6130/2007 .: • . "'; Proiect WILL NOT BE SERVED for the following reasonlsl: Sewer is not available. Total Water and Sewer Fees $7,546.00 A d tlorla tonnection Pee Inlortria #ion A water and/or sewer service application must accompany the payment of fees to the Meter Department, attention of Stella Butler at ext 8222. A $10 service origination charge per new account will be billed on your first water /sewer bill. District Standards allow for a 30 day installation period upon payment for meter connection fees. Generally, meters are installed within 14.21 working days. The District requires seven days notification before intention to deliver payment in order to coordinate the most efficient placement and /or connection to facilities. Meters must be installed and connection to sewer facilitities must occur within six months of purchase date or any subsequent fee increases are applicable. If water service Is being requested, a water meter location stake will be provided for placement on your parcel at time of payment. It is the responsibility of the customer to place the stake on the parcel. The District will not set the meter without stake placement, This quote does not contain an estimate for any engineering deposits or fees related to plan checking or inspection related deposits other than lateral inspection. Please contact the District Engineer at 674.3146 with any questions that you may have. AGENDA ITEM NO.�_ PACE 9(A OF 3C7 08/02/2007 12:36 9516747554 ENGINEERING PAGE 02102 Elsinore Valley Municipal Water District Service Commitment Letter #'1826 -1 Originally Quoted: 8/31 /2006 / Revised 2/6/2007 P.O. BOX 3000 - 31315 Chaney St - Lake Elsinore, CA 92530 (951) 674 -3146 - FAX (951) 674-704 Current water and/or sewer connection fees are subject to change out notice by the Board of Directors and fees will be based on the current fee in effect at the time of fee payment. Please note that all applications must include APN numbers. Water/Sewer Fee Payments Paid Date: Check #: Receipt #: Paid: Authorized by Loren Sorbet Inspection Services Manager Date: Originally Quoted 8/31/2006 Revised 2/6/2007 Post -W Fax Note 7671 Dam Altos► —11�77 ' A Fro coJDept. Co. Shona N Phone a Fa %# /1 f� / Z [ F"N me PACE 'AS OF 3G��. — � OCOiA YJ'�wIM3 Ml fYS9tE I�YE) ZLA& FW Y � M9/JOY OMWYMO yppR LBV alt -aL6 ='H'dY - t e saa a nw Q N"d 107d on wawdo1"Qa mmwN 1 i ! 30N301sald F z h n Y� Y e 4A 6 a� a yi 0 4 � 1,1 S lb $ r�� MIN Y_I kill e 6 Z YB i a• a • a E E Z $ rho iNDA IT elt OF F PAGE e d illl DI 11 t, iiit gill i aunb aumn NV7dtl007daNOJ3s '8 NV7d H007-4 1SdLI coo • wo-tu -.cc � r�dv r I oTl a I 3 a 3, 1 } .i ® illl DI 11 t, iiit gill i 0 0 J Q w; N� �i .i 5 m r ��Inl C� �m n1 0 0 J Q w; N� �i Ill lit 0 0 J �3 :�cr�oa .i 5 I n1 Ill lit 0 0 J �3 :�cr�oa 11111! :r n: NV7d 3dVDS4NV7 ANVNIimmid I 4 F�4 1 �; :A I% I9 LEND by q U 2. LEND OWNER/DEVELOPER NORTHSTAR DEVELOPMENT GROUP LLC VINCE GIBBONS 1981 MARLBOROUGH AVE RIVERSIDE, CA 92507 PH (951) 369 -6749 MOHR STREET APN # 374 - 091 - 007 Capl t no product No: 3124 Name: Hilo Sunset Das nptlon: Burnt Orange, Brown Flashed Category: COLOR BONDED ♦ S", Capistrano. MoNbu r STUCCO % -50 CRYSTAL WHITE (BASE 100) A5ENDA ITEM FASCIA' ENTRY DOOR Padre Brown 151 1 GARAGE DOOR'' II I White 001 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: FROM: DATE: PROJECT TITLE: APPLICANT OWNER: PROJECT REQUEST CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 712007 MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE LOCATED ON GUNDER AVENUE (APN: 378 - 192 -028 & 029) HECTOR ZUBIETA 38372 INNOVATION CT.; SUITE 204 MURRIETA, CA 92563 JEFF HOWIE 1240 E. ONTARIO AVENUE CORONA, CA 92881 The applicant is requesting design review consideration for a conventionally built two - story single - family dwelling unit pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R -1 Single - Family Residential District), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On September 20, 2006 the Design Review Committee (DRC) reviewed plans for the proposed single - family dwelling unit and provided several substantive comments on the proposed architectural design, building massing, fencing, and landscaping. The DRC recommended that the applicant incorporate additional architectural elements on the front -entry, window surrounds, proposed fencing, landscaping, and the incorporation of tile roof materials. However, after the revisions had been submitted AGENDA ITEM PAGE \ OF REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE AT GUNDER AVENUE the applicant conducted the percolation test for the proposed site and it was found that a larger area than the one that had been designated was needed in order to provide an adequate septic system to service the proposed project. At this time the applicant requested to place the proposed project on hold until further notice. On June 19, 2007 the applicant re- submitted a revised set of plans along with building elevations which now incorporate a two (2) story structure making room for the septic system and the required expansion area. Staff, again provided several comments on the proposed project in order to meet architectural design, building massing, fencing, and landscaping. On June, 24, 2007 the applicant submitted a final revised set of plans that addressed all of the comments provided, including architectural details that would represent a "Spanish" architectural style as indicated. Based on those revisions the proposed project was scheduled for the August 7, 2007 Planning Commission meeting. PROJECT LOCATION The approximately .16 acre vacant site is located approximately 120 - linear feet north of the McPherson and Gunder Avenue intersection. More specifically, the property is located within the R -1 (Single - family Residential) Zoning district and has a General Plan designation of Specific Plan "J" within the Country Club Heights, and it is also referred to as (APN: 378 -192 -028 & 029). ENVIRONMENTAL SETTING LOCATIONA EXIST1NGA '11'�w, ZONING'k ,u.0 it GE1VERAL�PLAN V.. ph LAND u7 iu6 A °� s«�r a uv s. I� a lkV �° �i `n Motif "m�i r n . a �.• k " "� W.' VSEa k a kkiE w,4 "k it l k'• w5.� !' H Y P. 4 Project Site Vacant R -1 (Single - Family Specific Plan "J" Residential District ) Country Club Heights Northeast Vacant R -1 (Single - Family Specific Plan "J" Residential District ) Country Club Heights Southwest Residential R -1 (Single - Family Specific Plan "J" Residential District ) Country Club Heights Northwest Vacant R -1 (Single - Family Specific Plan "J" AGENDA ITEM I, PAGE OF `1 REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE AT GUNDER AVENUE PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of a 1,453 square -foot two -story single - family residence with an attached 452 square -foot two (2) car garage. The proposed 1,453 square -foot residence will include three (3) bedrooms, two and one -half (2 1/2) bathrooms, dining room, living room, kitchen, and a laundry room. The proposed two -story single - family dwelling unit will be located on a relatively flat lot; however it will be built on a raised foundation. It should be noted that the applicant is required to dedicate a ten -foot slope easement along Gunder Avenue for future street alignment prior to issuance of building permit (Res. 87 -64). The dedication is required for compliance with the street right -of -way dimensions as outlined in the Circulation Element of the General Plan. Architecture The applicant has chosen to construct the proposed single - family residence using elements similar to a "Spanish" Architectural style, which includes characteristics such as arched columns, decorative exposed rafters, decorative vents, wrought iron guard rail, recessed and stucco foam surround windows, and traditional "S" shape concrete tiles. Color and Materials �G A cliitectaral Features 1�� I Residential District) Country Club Heights Southeast Vacant R -1 (Single - Family Residential District Specific Plan "J" Coun Club Heights PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of a 1,453 square -foot two -story single - family residence with an attached 452 square -foot two (2) car garage. The proposed 1,453 square -foot residence will include three (3) bedrooms, two and one -half (2 1/2) bathrooms, dining room, living room, kitchen, and a laundry room. The proposed two -story single - family dwelling unit will be located on a relatively flat lot; however it will be built on a raised foundation. It should be noted that the applicant is required to dedicate a ten -foot slope easement along Gunder Avenue for future street alignment prior to issuance of building permit (Res. 87 -64). The dedication is required for compliance with the street right -of -way dimensions as outlined in the Circulation Element of the General Plan. Architecture The applicant has chosen to construct the proposed single - family residence using elements similar to a "Spanish" Architectural style, which includes characteristics such as arched columns, decorative exposed rafters, decorative vents, wrought iron guard rail, recessed and stucco foam surround windows, and traditional "S" shape concrete tiles. Color and Materials �G A cliitectaral Features 1�� I ��F � o1.or 7iliNlH4� 'C�� � Ei l "� ;a k�� P ITi" ��14 a opals Roof Hilo Light Weight Concrete "S" Tile Walls Egg shell Stucco Window Trim/Door Trim Trabuco Stucco AGENDAjEM PAGE OF REPORT TO PLANNING COMMISSION AUGUST 79 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE AT GUNDER AVENUE Landscaping The front yard will be fully landscaped and will include an automatic irrigation system and a rain sensor, which will assist in the conservation of water. Prior to the issuance of aCertificate of Occupancy, the applicant will plant one (1) twenty-four inch (24 ") box street tree for every thirty-feet (30') of street frontage. The proposed street trees will be selected from the City approved street tree list and approved by staff for planting location. ANALYSIS Staff has reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.82 (Design Review District), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R -1, Single - Family Residential District), and Chapter 17.66 (Parking Requirements) ofthe Lake Elsinore Municipal Code (LEMC) including but not limited to; density, setbacks, landscaping, parking, and lot coverage. As part of the conditions of approval for development within the Country Club Heights Area, a "Will Serve" letter from the Elsinore Water District is required. As a result, the applicant contacted the Elsinore Water District and obtained a "Will Serve" letter (see attachment). The applicant was also notified by Staff that although water service exists, a fire flow test with the results acceptable to the Riverside County Fire Department would also be required. Consequently, the applicant contacted the Elsinore Water District to conduct a fire flow test. A copy has been provided as part of this report. Additionally as per the conditions of approval, no building permits will be issued until an acceptable fire flow test and emergency accessibility to the site is approved by the Riverside County Fire Department. Siting The total building footprint, which includes the dwelling unit, a two (2) car garage, and front -entry porch will occupy approximately eighteen percent (18 %) of the net lot coverage and is consistent with the R -1 (Single - Family Residential) development lot coverage requirements; which permits maximum net lot coverage of fifty percent AGENDA ITEM 5 PAGE I� OF REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE AT GUNDER AVENUE (50 %). In addition, the proposed project complies with all of the applicable development standards and criteria outlined in the R -1 (Single - Family Residential) Zoning district and the Residential Developments Standards outlined in the LEMC. Architecture. Colors and Materials The "Spanish" architecture style selected for the proposed two -story single - family dwelling unit located on Gunder Avenue is consistent with the style and design of existing single - family residences located within the vicinity of the project site. Furthermore, the proposed colors and materials to be incorporated into the single - family dwelling unit are consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that the residence provides an aesthetic quality that lends to the overall achievement of a well balanced single - family residential district. Landscaping The applicant has met the requirement of Chapter 17.14 (Residential Development Standards) by proposing a fully landscaped automatically irrigated front -yard. Furthermore, the applicant is proposing to turf and automatically irrigate the rear yard and incorporate a rain sensor for the front and rear yards, which will assist in the conservation of water. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, (CEQA), this project is categorically exempt from CEQA; (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the "Project' construction of up to three single - family residences. (See 14 C.C.R. § 15303(a)). Staff has determined that the proposed is categorically exempt from CEQA. Therefore, no additional environmental clearance is necessary. AGENDA ITEM 5 PAGE _S OF REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE AT GUNDER AVENUE RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2007 -_ approving the proposed single - family residence located at Gunder Avenue, also known as (APN: 378 - 192 -028 & 029) based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: OLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA- NOTICE OF EXEMPTION 5. SIGNED AKNOWLEDGEMENT OF APPROVED CONDITIONS OF APPROVAL 6. WILL SERVE LETTER WITH FIRE FLOW 7. WATER AND SEWER MAP 8. COLOR SWATCHES 9. REDUCED EXIBITS 10. LARGE EXIBITS AGENDA jTEM S PAGE _b OF VICINITY MAP FOR A SINGLE FAMILY RESIDENTIAL DWELLING UNIT 378-192-028 & 029 PLANNING COMMISSION AUGUST 7, 2007 AGENDA ITEM NO.- -5 PACE�a�OF. _ __ RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A TWO -STORY SINGLE - FAMILY DWELLING UNIT LOCATED ON GUNDER AVENUE. WHEREAS, Hector Zubieta filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a two -story single - family residence located at Gunder Avenue (APN: 378 - 192 -028 & 029); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item on August 7, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and finds that it is consistent with R -1 Single - Family Residential standards and citywide parking requirements as set forth in the Lake Elsinore Municipal Code ("LEMC "). SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single - family residence. (See 14 C.C.R. § 15303(a)). SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: 1. The Project will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of General Plan designation as well as R -1 (Single - Family Residential) zomn district. The Ac HDA ►rE o. PAGE_ ___OF 3 PLANNING COMMISSION RESOLUTION NO. 2006-126 PAGE 2 OF 3 General Plan designation of Specific Plan "J" Country Club Heights is intended for quality single-family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over - extension of facilities. The R -1 (Single- Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. Approval of the Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within R -1 (Single - Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates elements of "Spanish " architectural style, will provide a well- rounded design while maintaining the desirable rural characteristics and base framework to achieve quality and compatibility in the physical design of the developing portions of the City, and to enhance the existing developed areas within General Plan designation of Specific Plan "J" Country Club Heights and the R -1 (Single- Family Residential) zoning designation. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the single family dwelling unit integrates a twenty foot (20 ) front yard and rear yard setback, sufficient front yard landscaping and safe and sufficient on -site vehicular circulation. Further, use of the " Spanish " architectural style in the Project complements the quality of existing development and will create a visually pleasing, non - detractive relationship with existing projects in the area. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single AGENDA IT No. S PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-126 PAGE 3 OF 3 family residential structure. Even though the Project is exempt from CEQA, it has been reviewed by all City divisions and departments, which have imposed a series of conditions of approval on the Project to ensure that the Project does not have a significant impact on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to LEMC Section 17.23 (R -1 Single- Family Residential District). Any revisions to the Minor Design Review shall be processed in a similar manner as the original Minor Design Review. All plans submitted for building division plan check shall conform to the submitted plans as modified by the Conditions of Approval. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7"'. Day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz, Director of Community Development AGENDA ITEM NO. S PAGE OFV CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE LOCATED ON GUNDER AVENUE (APN: 378 - 192 -028 & 029). PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Single - Family residential development project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a single - family dwelling unit located on Gunder Avenue (APN: 378 - 192 -028 & 029), will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to the issuance of building permits the applicant shall provide the Community Development Department confirmation that fire flow availability AGENDA ITEM N0. S PAGE I` OF�_ and emergency access has been found to be acceptable by the Riverside County Fire Department. 7. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 8. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 9. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R -1 (Single - Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 10.All windows shall use foam surrounds and/or other architectural -type features approved by the Community Development Director or designee. 11.The applicant shall provide coach lights on each side of the garage doors. 12.All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 13.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 14.The Applicant is to meet all applicable City Codes and Ordinances. 15.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the AGENDA I F'W NO. S PAGE 4OF'% approval of the Community Development Director or designee. 16.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 17.The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 18.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2') into the required minimum side yard setback. 19.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 20.The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 21.Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 22.Driveways shall be constructed of concrete per Building and Safety Division standards. 23.All walls or fences located in any front yard shall not exceed thirty-six inches (36 ") in height with the exception that wrought -iron fences may be five feet (5) in height. Chain link fences shall be prohibited. 24.The applicant shall be required to remove and replace any existing chain link AGENDA I]J NO. S PAGE; OE fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 25.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 71- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 26.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 27.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 28.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he /she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 29.The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 30.Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six -foot (6') wood fence along the perimeter of the property. In addition, the proposed return walls and pilasters shall aesthetically match the exterior materials of the proposed dwelling unit. 31.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) prior to obtaining building permits. AGFNUA I'IT: 1 NO. PAGEk OFN 32.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square -foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square - footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square - footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34.The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. COMMUNITY SERVICES DEPARTMENT 35.The applicant shall pay park fees of $1,600 per unit. 36.The applicant shall comply with all debris removal and recycling as I Municipal Code. City Ordinances regarding construction ;r Section 8.32 of the Lake Elsinore PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 37.The Applicant shall plant twenty -four inch (24 ") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30') AGENDA H E: NO. S_ PAGE 0 P'A apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 38.The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 39.The applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 40.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 41.The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 42.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL: 47.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 48.Process and meet all lot line adjustment requirements prior to building permit. Provide quit claim or grant deed for exchange of title. Provide proof of concurrence by mortgage holder if applicable. 49.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been AGFNDAI7FMN0. S PAGGW OP 1A made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 50.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. 51.Provide fire protection access and facilities as required in writing by Riverside County Fire. 52.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. 53.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez @lake- elsinore.org ". 54.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. DEDICATION: 55.Dedicate a ten -foot slope easement along Gunder Avenue for future street alignment prior to issuance of building permit (Res. 87 -64). 56.Public right -of -way or easement dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. AGF;NDA HT NO. S PAGE. � OF 34 STREET IMPROVEMENTS 57.Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 58.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 59.Developer shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 60.Apply and obtain a grading permit with appropriate security prior to any grading activity. 6LA grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 62.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist -Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 63.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. AGENDA ITEM NO. S PAGE OESL\ 64.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. DRAINAGE: 65.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 66.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 67.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities FEES: 68.Provide in -lieu payment for future off -site public improvements prior to building permit.(Res. 86 -35) In —lieu payment shall be calculated by developers' engineer or architect based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration, it will be subject to approval by the city engineer. 69.Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $359.00 (Nichols Street SE. Dist.) and the current TUMF amount is $9,693.00, the amount of fees shall be adjusted according to the fee schedule current at the time of pUment. AGENDA ITEM NO. S PAGE; AAOF jllk STORMWATER/ CLEANWATER PROTECTION PROGRAM City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. AGENDA I R NO. S PAGEZ)F T-A City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674 -3124 (909) 471 -1419 fax Notice of Exemption Filed With: ❑ Office of Planning and Research ❑O County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Minor Design Review for a one story Single- Family Residence on Gunder Avenue (APN's: 378 - 192 -028 & 029). Project Location (Specific): The proposed project is located on the south side of Gunder Avenue: Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is requesting design review consideration for the design and establishment of a 1,453 square -foot two -story single - family residence with an attached 452 square -foot two (2) car garage. The property is located within the R -1 (Single- family Residential) Zoning district and has a General Plan designation of Specific Plan "J" within the Country Club Heights, and it is also referred to as (APN: 378 - 192 -028 & 029). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑O Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Class 3 (a); New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Agustin Resendiz Signed: Rolfe M. Preisendanz Telephone Number: (951) 674 -3124 Title: Director of Community Development AGENDA ITEMnNO. J PAGE d k OF ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY RESIDENCE LOCATED ON GUNDER AVENUE (APN: 378 - 192 -028& 029). I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: Applicant's Signature: _ ff Print Name: _ t-/CS 1-� 'Seen Address: Phone Number: AGENDA ITEM NO. 5 PAGE � OF t'd d60:00 LO ZO 6ny ELSINORE WATER DISTRICT WATER WILL SERVE LETTER REQUEST CHECKLIST Date of Request 12 -29 -06 lAccount # Owner's Name Jeff Howie Owner's Phone # 909 -816 -1537 Mailing Address 1240 E. Ontario Ave. City /State /Zip Corona, Ca. 92881 Contact Name Josh Spatiq Contact's Phone # 909 -816 -1537 Track/Lot/Block APN # 378 - 192 -028.029 Street Address Gunder Ave. Type of Request: Residential X Commercial Other Type New Construction X Remodel Received: Date Initials Comments Grant Deed Preliminary Title Report Plans of Addition (Remodels Only) Payment Check # Date Field Check: Size of Main Line 8'' Location of Main Line Street in front of parcel Served by Hydro Tank No Within Easement Zone Backflow Device Needed Type Static water pressure less than 45 psi Static water pressure greater than 90 psi 130# Remodels: Meter Size Location Customer Shut Off Fire Service Street Lateral Size & Materials Building Lateral Size & Materials Engineering Date Sent Prepared By: Michael Mosier Approved By: FINAL WILL -SERVE LETTER ISSUANCE: Date Prepared Will Serve Issued Conditions of Will -Serve, if applicable: Date Approved by Engineering _ Date I t -0 '7 Date Date to Customer I-3 /-e7 AGENDA ITEM N0. S PAGE tl OF_3_ } ,_,,, FORM B Name Jeff Howie Page 1 APN 378-192-028,029 PUBLIC WATER SERVICE CERTIFICATION This certifies that the above referenced property is within the service area boundaries of this water service utility and that: Service Information: (Check one) X There are currently existing adequate source, storage and distribution line capacities to provide potable water to the referenced site in sufficient quantities to satisfy the domestic water service and fire protection requirements of the proposed use. The water mains to serve each proposed service connection are currently installed and operable. Financial arrangements have been made to install water mains for each proposed service outlet and any other necessary facilities to insure that the proposed use will have adequate source, storage and distribution line capacities for each proposed service connection that will satisfy the domestic water service and fire protection requirements of the proposed use. It is financially and physically feasible to install water service facilities that will provide adequate source, storage and distribution line capacities for each proposed service connection that will satisfy the domestic water service and fire protection requirements of the proposed use. Easement Information: (Check one) X This agency has no known water lines or easements on the subject property line. This agency has water lines and /or easements on the subject property but they do not conflict with the proposed use as currently designed. This agency has waterlines and /or easements on the subject property which conflict with the proposed project as currently designed. Applicant must revise plans and resubmit them to this agency for approval. Fire Flow Information: 500+ Gallons per minute at 20 pounds per square inch for a minimum two -hour duration. A Standard hydrant is located 725' feet from the above referenced parcel. @ Gunder Ave. & McPherson Ave. Due to the distance from the nearest standard hydrant the City of Lake Elsinore may require the installation of a standard hydrant within 500' of the above parcel. AGENDA ITEM N0. elL PAGE aF Date 1 -31 -07 Name Jeff Howie Address 1240 E. Ontario Ave. City Corona, Ca. ZIP 92881 APN # 378 - 192 - 028,029 Street Name Gunder Ave. ESTIMATED COST R Water Account Deposit ❑ Fire Hydrant D Meter Installation Connection Fee /Capacity Charge Permits B Hot Patch ❑ Miscellaneous Total: $ 100.00 $ 2900.00 $ 5594.00 $ 500.00 $ 500.00 $ 9594.00 ❑ Due to the length of line extension, it will be necessary for you to contact a Civil Engineering company of your choice for cost estimate and installation. "Exhibit A" attached hereto lists requirements for first plan check. Cost of Plot Plan Check dependent on estimated cost of project. * *Note: Estimate valid for 60 days. ** ELSINORE WATER DISTRICT Michael Mosier Field Supervisor AGENDA ITEM NO, S PAGE`(�p W�:WATER 3 ENGINEERING, INC. WATER • WASTEWATER • RECYCLED WATER FAX TRANSMITTAL If you have trouble receiving this transmission Please call (760) 737 -6195 To: Michael Mosier Ftw,s Eric Howard QF Elsinore Water District Jot, #. 088 03 Fax No. (951) 6745429 Far No: (760) 737 -6199 batty 01 -22 -07 Ah Water 3 EVineering Total Number of Pages Hand Copy Induding Tbis Page; 2 To Follow: Yes X No subject: Current and Future (with Junkle Rsvr) Pressures at Intersection Gunder Ave. & McPherson Ave. CC: File MESSAGE Michael, The following is a figure showing the location of Node J328. The node is located along an 8-inch main in Gunder Ave which extends to the southeast in Ulmer Street A 1?/ -inch main extends northwesterly along McPherson Ave, with a 2- inch.main extending to the southeast along McPherson. A 4 -inch main extends southwesterly along Gunder Ave.. The predicted pressures at the node under different conditions are fisted below, Node J328— Elevation (per model) = 1,480 feet Current Conditions (without Junkie Reservoir in service) Annual Average Demand (AAD) Pressure = 56.13 psi AAD + 500 gpm Fire Flow (FF) ® J328 = 52.07 psi Future Conditions with Junkie Reservoir in service Annual Average Demand (AAD) Pressure = 56.21 psi AAD + 500 gpm Fire Flow (FF) @ J328 = 52.45 psi Please give me a call if you would like to discuss or let me know if you need additional information Eric 2430 Vineyard Ave, Suite 201 • Escondido • CA 92029 Phone (760) 7376195 - Fax (760) 7376199 AGENDA ITEPMAINO- 5 FACE at 6 OF L%_ Z0 /T0 39dd 9K3 6 6aVM 66T9LCL09L bZ:60 L00Z /ZZ /T0 o v' 0 O \n 0 o r i 4 Q �` O �. •O. 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PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 7, 2007 MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) MIGUEL HERNANDEZ: 19481 GRAND AVENUE LAKE ELSINORE, CA 92530 The applicant is requesting design review consideration of a two -story conventionally built single - family dwelling unit located at 16290 Gunnerson Street (APN: 378 -304- 002). Review is pursuant to Chapter 17.23 (R -1, Single - Family Residential), Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). WATER AVAILABILITY/FIRE FLOW The applicant provided staff with a detailed "Water Will Serve" letter from the Elsinore Water District (EWD). In addition to the agency stating that they will provide water to the subject lot, they also provided `Fire Flow' information indicating that there is a standard fire hydrant approximately 400 -feet from the subject lot. Furthermore, the "Water Will Serve" letter indicates that the standard fire hydrant is able to produce approximately 2332 gallons per minute at twenty (20) pounds per square inch for a minimum two (2) hour duration (please see attachment 45). SEPTIC SYSTEM /SEWER CONNECTION The Elsinore Valley Municipal Water District has indicated that sewer is available in AGENDA ITEM PAGE OF REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) Gunnerson Street. Pursuant to the California Plumbing Code, the applicant is required to hook -up to the sewer system, due to the fact that the proposed project lies within 200 -feet from the nearest connection point. PROJECT LOCATION The existing vacant lot is located approximately 200 linear -feet northeast of Lakeshore Drive Street on the south/southwest side of Gunnerson Street at 16290 Gunnerson Street. Furthermore, the project site is located within the R -1 (Single - Family Residential) Zoning District and has a General Plan designation of Future Specific Plan J (Country Club Heights #1) (APN: 378 - 304 -002). ENVIRONMENTAL SETTING LOCATION EXISTING ;ZONING << GENERAL PLAN " LAND'USE Project Sites Vacant R -1 (Single - Family Future Specific Plan J Residential) North Single Family R -1 (Single - Family Future Specific Plan J Home Residential) South Single Family R -1 (Single - Family Future Specific Plan J Home Residential East Vacant R -1 (Single - Family Future Specific Plan J Residential West Single Family R -I (Single - Family Future Specific Plan J Home Residential PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of one (1) conventionally built two -story single - family dwelling unit located at 16290 Gunnerson Street (APN: 378 - 304 -002). The proposed dwelling will have an attached 493 square -foot two (2) car garage. It should be noted that the laundry facilities will be located in the garage, maintaining an unobstructed twenty feet AGENDA ITEM PAGE �_ OF REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE- FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) (20') by twenty feet (20'). The first floor will have a living room, dining room, family room, kitchen and nook, bathroom, and downstairs bedroom. The second floor will have two (2) bedrooms, a bathroom, and a master bedroom with master bathroom and walk -in- closet. The net lot coverage for the proposed single - family dwelling unit located at 16290 Gunnerson Street, which includes the two (2) car garage will be approximately thirty one percent (31 %). It should be noted that the proposed dwelling unit complies with the maximum lot coverage requirement of fifty- percent (50 %) as outlined in Chapter 17.23.090 of the Lake Elsinore Municipal Code (LEMC). Sitin The proposed two -story single - family dwelling unit will be located on a relatively flat location of Gunnerson Street. The conventionally built two car garage will be attached to the front of the main dwelling and will be set back approximately twenty -five feet (25') from the front property line. Architecture The applicant is proposing "Spanish" style architecture for the proposed single - family dwelling unit, with a Santa Barbara "steel troweled" smooth stucco finish. The elevations will also include a concrete "S" tile roof, decorative Spanish style pipes,. curved archways, "sloping sill" recessed windows, decorative iron work, vents and corbels, and exterior openings to the porch. Landscaping The applicant is only proposing to landscape and irrigate the front -yard. Front -yard landscaping will include two (2) existing Queen Palm Trees (protected per the City's Palm Tree Ordinance), one (1) and five (5) gallon shrubs /roses, and marathon II sod grass. All landscaping will be automatically irrigated and will include a rain sensor, which will assist in the conservation of water. The sides and rear yard areas will be fenced with a six foot high wood',fence, built to City standard. The front "return/" AGEND,) fEM (O PAGE OFWV REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) fences will be architecturally enhanced to match the design of the Spanish home. Color and Materials rcliitectur, IFeaturesn f ±, }lYlater`ia_l> „= u„ ` R Color Roof "S" file roof "red" Wall Santa Barbara "smooth troweled" Stucco "Off- White" Facia and Trim Wood "Dark Brown" Decorative Iron Iron "Black" ANALYSIS Staff has reviewed the proposed single - family dwelling unit and found that with the attached conditions of approval and architectural features, the project meets all minimum requirements of Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single - family Residential), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) including but not limited to; density, setbacks, landscaping, parking, and lot coverage. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Class 3, Section 15303(a) (New Construction or Conversion of Small Structures), staff has determined that the proposed project is categorically exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION It should be noted that at the writing of this report the applicant was unable to sign the "Acknowledgement of Draft Conditions ". However, staff has had conversation with the applicant and the applicant has expressed verbal agreement with the proposed conditions of approval. AGENDA ITEM b PAGE 4 OFZ REPORT TO PLANNING COMMISSION AUGUST 7, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) Staff recommends that the Planning Commission adopt Resolution No. 2007 -_ approving the proposed single - family dwelling unit located at 16290 Gunnerson Street based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: KIRT COURY, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA- NOTICE OF EXEMPTION 5. ELSINORE WATER DISTRICT `WATER WILL SERVE' LETTER 6. SITE PLAN 7. LANDSCAPING /GRADING PLAN 8. BUILDING ELEVATIONS 9. FLOOR PLANS 10. FULL SIZE PLANS AGEND TEM 10 PAGE OF'11 VICINITY MAP MINOR DESIGN REVIEW SINGLE FAMILY RESIDENCE 16290 GUNNERSON STREET PLANNING COMMISSION AGENDA ITEM N0. PAGE_1_0F RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A TWO -STORY CONVENTIONALLY BUILT SINGLE - FAMILY DWELLING UNIT WHEREAS, Miguel Hernandez filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a conventionally built two -story single - family dwelling unit with an attached two (2) car garage (the "Project") on property located at 16290 Gunnerson Street (APN: 378 - 304 -002); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, public notice', of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on August 7, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the Project and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines ") pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single- family residence. (14 CEQA Guidelines § 15303(a)). SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: AGENO MONO. OF a� PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of General Plan designation Specific Plan J (Country Club Heights No. 1) as well as the R -1 (Single - Family Residential) Zoning District. General Plan designation Specific Plan J is intended to provide a wide range of housing densities and some limited commercial and industrial uses. Furthermore, Table III -5 (General Plan/Zoning Compatibility Matrix) within the General Plan identifies that the General Plan designation Future Specific Plan J (Country Club Heights No. 1) is compatible with the R -1 (Single - Family Residential) Zoning District. In addition, Future Specific Plan J General Plan designation mandates that the average residential density will be 6 dwelling units to the acre. The proposed single-family dwelling unit will cover approximately thirty one percent (31 %) of the net lot area, which complies with the goals and objectives of the Future Specific Plan J designation of the General Plan, R -1 (Single- Family Residential) Zoning District, and the General Plan✓Zoning Compatibility Matrix. Approval of this Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within the R -1 (Single - Family Residential) Zoning District. The Project also encourages the development and maintenance of a broad range of housing types for all income groups and age categories. Finally, the Project, which incorporates elements of "Spanish " style architecture, will provide a well rounded design while maintaining the desirable rural characteristics and base framework to achieve quality and compatibility in the physical design of the developing portions of the City. Overall, the Project will enhance the existing developed areas within General Plan designation Future Specific Plan J and Zoning Designation R -1 (Single - Family Residential) of the Lake Elsinore Municipal Code. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed single-family! dwelling unit will provide: a twenty -five (25 ) AGENDA 17EM . PAGE OF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 4 front yard setback; sufficient front and side yard landscaping; and, safe and sufficient on -site vehicular circulation. In addition, the Project complies with all setback, height, and lot coverage requirements as outlined in the R -1 (Single- Family Residential) Zoning District of the Lake Elsinore Municipal Code. The Project will complement the quality of existing projects in that the applicant is providing elements of "Spanish" style architecture, which includes: 360- degree architecture articulation pursuant to the "General Plan, Community Design Element Design Guidelines"; concrete "S" tile roof, decorative pipes, curved archways, recessed windows, decorative iron, vents and corbels, and exterior openings to the porch. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. A Class 3 CEQA exemption may be invoked when the development proposal involves construction of one single family residence. Pursuant to CEQA Guidelines 15303(a), the !Project is exempt from environmental review because it involves the construction of one single family residence. Moreover, the Project has been reviewed by all City divisions and departments, which have imposed certain conditions of approval on the Project to ensure that no adverse impacts occur. In light of those conditions of approval, as well as the, design features of the Project itself, the Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Lake Elsinore'Municipal Code Section 17.82.070, the Project has been scheduled for, consideration and action of the Planning Commission. The Projectl has also been conditioned to comply with all aspects of the Lake Elsinore Municipal Code. The Applicant shall meet all required setbacks and development standards pursuant to the R -1 (Single - Family Residential) zoning designation of the Lake Elsinore Municipal Code. AGENDA ITEM NO.--- (�O — PAGE_ _j_ _ PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 4 SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves the Minor Design Review application. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA RmM N0. PME L n OF__ PROJECT NAME: PLANNING DIVISION CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL MINOR DESIGN REVIEW OF A SINGLE - FAMILY DWELLING UNIT LOCATED AT 16290 GUNNERSON STREET (APN: 378 - 304 -002) GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Minor Design Review project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of one (1) single - family dwelling unit located at 16290 Gunnerson Street (APN: 378 - 304 -002) will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 7. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. / AGENDA Pfrcl N0. PACE \of CONDITIONS OF APPROVAL Page 2 of 10 16290 GUNNERSON STREET 8. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R -1 (Single- Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. The applicant shall comply with all requirements of the Riverside County Fire Department. 10.All windows shall use foam surrounds and/or other architectural -type features approved by the Community Development Director or designee. 11.A11 necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening '',methods shall be reviewed and approved the Community Developer Director or designee. 12.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 13.The Applicant is to meet all applicable City Codes and Ordinances. 14.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 15.The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 16.The Applicant shall comply with'! all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the, City Engineer. ArPENDA ITEM NO. PACE_OF 2l CONDITIONS OF APPROVAL Page 3 of 10 16290 GUNNERSON STREET 17.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2') into the required minimum side yard setback. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19.The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 20.The applicant shall protect palm trees in place or contact the Department of Community Services of City of Lake Elsinore for Palm Tree Preservation Program, pursuant LEMC 5.78 Ordinance 1044. 21.All planting within fifteen feet (115') of ingress /egress points shall be no higher than 36 inches. 22.All driveways shall be constructed of concrete per Building and Safety Division standards. 23.All walls or fences located in any front yard shall not exceed thirty -six inches (36 ") in height with the exception that wrought -iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 24.The applicant shall be required to remove and replace any existing chain link fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may 11 be waived per the approval of the Director of Community Development or Designee. 25.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage 1pad for trash barrels shall be concealed from public view. AGENDA ITEM PAGOF CONDITIONS OF APPROVAL Page 4 of 10 16290 GUNNERSON STREET 26.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 27.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 - 31124. 28.All exposed walls visible from a public right -of -way shall be of "split- face" material or stuccoed to match the proposed dwelling unit located at 16290 Gunnerson Street. Plain precision block is not permitted. 29.The applicant shall apply a Santa Barbara "steel troweled" smooth stucco finish to the exterior elevations of the building, further enhancing the proposed "Spanish" style architecture. 30.The applicant is to meet all 31.All walls and/or fencing need to the construction plans. If the Apl the property line he /she must ; property owner and the adjacent issuance of a building permit. of the Community services Department. located off the property line and so indicated on int proposes to place any walls and/or fencing on nit a notarized agreement between the subject perty owner to the Planning Department prior to 32.The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 33.The applicant shall pay park -in -Lieu fees in effect at the time prior to issuance of building permits. 34.The applicant shall provide assurances to the Planning Division that all requirements and fees of the Riverside County Flood Control and Water Conservation District have been met. AGENDA PffiM N0. PACE�_Op��_ CONDITIONS OF APPROVAL Page 5 of 10 16290 GUNNERSON STREET 35.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du /ac) prior to obtaining building permits. 36.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square -foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square- footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square- footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 37.Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 38. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. 39.The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. 1 The applicant shall submit this letter indicating that water and sewer arrangements have been made, prior to applying for a building permit. 40.Prior to the issuance of a building (permit, the applicant shall provide assurances to the Planning Division that all sewer arrangements have been met. ALENDA ITEM HO. PAGE I,�,_OR CONDITIONS OF APPROVAL Page 6 of 10 16290 GUNNERSON STREET 41.The Applicant shall plant twenty -four inch (24 ") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (301) apart. Planting is subject to the approval of the Director of Community Development or designee prior to issuance of a Certificate of Occupancy. I 42.The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 43.The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to thIe issuance of a Certificate of Occupancy. 44.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of la Certificate of Occupancy. Fees are required for review of plans and inspections. 45.The building address shall be a mlinimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 46.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC), prior to the issuance of a building permit. 47.The applicant submit a "Will Serve" letter to the Engineering Division from the applicable water agency stating that water and sewer arrangements have been made AGUNDA rMM 10. (0 PML CONDITIONS OF APPROVAL Page 7 of 10 16290 GUNNERSON STREET for this project and The applicant shall submit this letter prior to applying for a building permit. 48.The applicant shall submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Southern California Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934 -0838. 49.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shali be the responsibility of the property owner or his agent. i 50.The applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 51.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to'Icontract with CR &R Incorporated 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. 52.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. All Digital files for the border and the notes are available by request to "agutierrez@lake - elsinore.org ". DEDICATION 53.The applicant shall dedicate streetlright of way along Gunnerson Avenue such that the measurement from the Centerline to the property line is 45 -feet. This dedication shall be recorded by Riverside County prior to issuance of building permit. 54.All public right -of -way dedication Is shall be prepared by the applicant or his agent. All deeds shall be submitted to the Engineering Division for review and approval and recordation, prior to issuance of building permit. STREET IMPROVEMENTS AGENDA ITEM ND. PAGE -L CONDITIONS OF APPROVAL Page 8 of 10 16290 GUNNERSON STREET 55.All work done under an encroachment permit for off -site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 56.The applicant shall pay all fees land meet requirements of an encroachment permit issued by the Engineering Div ision for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfihled before Certificate of Occupancy. GRADING 57.The developer shall obtain all necessary off -site easements for off -site grading from the adjacent property owners priori to issuance of grading permit approval. 58.The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 59.A grading plan stamped/signed by',i a California Registered Civil Engineer is required if the sum of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to minimum of fifteen -feet (15') feet beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 60.The applicant shall provide soils;' geology and seismic report, as part of this report address the requirement of the Alquist- Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 61.The applicant is to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62.All grading shall be done under the supervision of 'a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. AGENDA ITEM. PACE `10 OF CONDITIONS OF APPROVAL Page 9 of 10 16290 GUNNERSON STREET DRAINAGE 63.All on -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized, letter of drainage acceptance, or conveyed to a drainage easement. 64.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 65.Roof drains shall not be allowed Ito outlet directly through coring in the street curb. All roofs shall drain to a landscaped area and driveways shall be sloped to drain into landscaping prior to entering street facilities. 66.The applicant shall submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. The developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage. FEES 67.The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $699.00 (Northwest Lake Management. Dist.) and the current TUMF amount is $9,693.00; the payment. 68.The applicant shall provide in -li prior to building permit. (Res. developers' engineer or architec estimate shall be based on currei centerline of the street within engineering and construction adn STORMWATER/ CLEANWA 69.The City of Lake Elsinore has discharge control. In accordai ordinances prohibit the dische ,i payment for future off -site public improvements 86 -35) In —lieu payments shall be calculated by and submitted for City Engineer's approval. The cost of street improvements from property line to he property limits, plus a 15% added cost for PROTECTION PROGRAM opted ordinances for storm water management and with state and federal law, these local storm water of waste into storm drain system or local surface AGENDA ITEM NO. Pace 1q_ CONDITIONS OF APPROVAL Page 10 of 10 16290 GUNNERSON STREET waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. i PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. COMMUNITY SERVICES DEPARTMENT 70.The developer is to pay park fees of $1,600 per unit. 71.The developer is to comply with all NPDES requirements. 72.The developer is to participate in 73.The developer is to comply removal and recycling as per 74.The developer is to meet City City -wide LLMD. all City Ordinances regarding construction debris )n 8.32 of the Lake Elsinore Municipal Code. gutter, and sidewalk requirements. 75.The City's Landscape Architect is'Ito review all landscape and/or irrigation plans. AGENDA ITEM NO. PAGE a_0F CITY OF LADE LS O �r.. II`IORE DREAM EXTREME Filed With: ❑ Office of Planning and Resea. 1400 Tenth Street, Room 121 Sacramento, CA 95814 Project Title: Minor Design Review of a single -family Notice of Exemption ❑ County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 unit located at 16290 Gunnerson Street (APN: 378 - 304 -002) Project Location (Specific): The proposed vacant lot is generally located approximately 200 linear -feet northeast of Lakeshore Drive Street on the south /southwest side of Gunnerson Street at 16290 Gunnerson Street. Project Location (City): City of Lake Elsinore Description of Nature, Purpose, and Beneficiaries Project Location (County): Riverside County A Minor Design Review for a two -story single - family dwelling unit with an attached two (2) car garage located at 16290 Gunnerson Street. The subject property has a Zoning designation of R -1 (Single - Family Residential) and a General Plan designation of Future Specific Plan J (Country Club Heights 41). Furthermore, the proposed project will have a net lot coverage of approximately thirty one I percent (31 %). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Kirt Coll ry, Project Planner, City of Lake Elsinore Exempt Status: ll ❑ Ministerial (Section 15073) Ill ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) 0 Categorical Exemption (state type and section Reasons why project is exempt: This project meets the requirements pursuant to Section Environmental Quality Act (CEQA). Contact Person: Kirt Coury, Project Planner Signed: Rolfe M. Preisendanz Article 19 Categorical Exemptions Section 15303(a), New Construction or Conversion of Small Structures (New Construction of Conversion of Small Structures) of the California Telephone Number: (951) 674 -3124 x 274 Title: Director of Community Development AGENDA ITEM t�NO. --� PAGE a 1 OF a(. l Organized ELSINO DATE: 3 -14 -07 F1JIM. To Whom It May Concern: Please accept this letter as offi sufficient water to service the a providing fire flow protection to (6 "X 4" X 2'/2 ") is located _ parcel. Minimum fire flow shal residual. Also, please find a c fire hydrant. the Laws of the State' of California WATER DISTRICT al notification that the Elsinore Water District has ove referenced address or parcel and will be nat area. An approved standard fire hydrant Aoprox 400' from the above referenced be 500 GPM for a 2 -hour duration at a 20 -PSI py of the APN page showing the location of the Should you have any questionsl regarding this matter, or require further information, please contact us at your earliest convenience. Sincerely, ELSINORE WATER DISTRICT Michael Mosier Field Supervisor 16899 Lakeshore Drive, P.O. Box 1019, Lake Elsinore, CA AGENDA ITEM NO. a PAGE_ a�._OF �r 92531 -1019 • Phone 951 -674 -2168 • Fax 951 -674 -5429 ELSINORE WATER DISTRICT WATER WILL SERVE LETTER REQUEST CHECKLIST Date of Request 3 -12 -07 Owner's Name Miguel A. Hernandez Mailing Address 19481 Grand Ave. City/State /Zip Lake Elsinore, Ca. WE Contact Name Miguel Hernandez Track/Lot/Block f Street Address Type of Request: Residential X Commen New Construction X F Received: Grant Deed Preliminary Title Report Plans of Addition (Rem( Payment Field Check Size of Main Line f Served by Hydro Tank 1 Zone Backflom Static water pressure less Static water pressure grea Remodels: Meter Size Customer Shut Off _ Street Lateral Size & Mate Building Lateral Size & Ma FINAL WILL -SERVE LETTER Will Serve Issued Conditions of Will-Serve, if applicable: Account # Owner's Phone # 951 -443 -7386 Contact's Phone # V # 378 - 304 -002 Other Type Only) .ck # Date Location of Main Street in front of parcel 0 Within Easement Device Needed. Type ban 45 psi erthan 90 psi 130psi Location Fire Service Date Date to Customer AWDA ITE¢tf 140. & ara OF �7 AGENDA PAGE OF ? ` F °gagg � �egI. uT- �Ov ', �Ry �py ��� w �a� • +~ Eae Y Sla ona Cad -l- � €6£S=g 4 q k iiiijii� jap C K g O O a _ n b �u �b bgag 9 R � n a a° W W4 W @ @35 da 3 W W �/i�. � 0 b a § gg9 En 5 <o "� 3fbm g9eWFi $�44SS$ q €qy33 @i # w z N = y n <$f "ag LSgp b V g�R N E° y jai -10 Z Z Uj$�im U #Orv¢o'n_' y YyWeAC ®E66 W Z Q N 9LS 99B 2 F 44 � � W z. py 39xq pg § n Q LL W SS �q 27 �FCd <ade6 @ E i _ — oWu) W �g zo L V) LI_ O S N w W Z Z O Q R2 1i Z w a 9S38A W W V L z W F- Z J w o 3 a W � LL 4 asp gg LU zo LU Sy m O y OU K i W N W} BgE dMk'�S 0 m U �— m x I I j b I OI A Z 6 - I I AGENDA PAGE OF !!!!!! �b !� " \ \ � ~` \ \� 66MO{ main )� \! ■ ! Ur. •,2 4& § / , j© :R , \ $� . figift M ( § d h @r/ �. (\ E (I §} ; , �! \. RM ! I „ \[ \ ^\ /! §� § [\ !� ACODA ( | | >� � |! §� ! ), §} mamm� ��®— P -- . i – -- ^ § � |! §� ! ), §} mamm� ��®— P CITY REPORT TO Z TO: FROM: ROLFE M. DATE: LAKE ELSINORE PLANNING COMMISSION AND MEMBERS OF THE PLANNING OF COMMUNITY DEVELOPMENT AUGUST 7; 2007 PROJECT TITLE: REQUEST I TO WAIVE OR MODIFY A CONDITION OF APPROVAL FOR THE MINOR DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET APPLICANT: VIEJO, OWNER: SAME PROJECT REQUEST: The applicant is requesting app approved Conditions of Appr4 Review of two (2) single family "At a minimum the a composition shingle or c Community Development have a minimum Class " plans." The applicant has already composition shingles. PROJECT LOCATION The project site is located at 3 Overlay District (APN 374 -105 -1 Parcel No. 4. MISHKANIAN, 39 GIOTTO, ALISO FORNIA 92656 to waive or modify Condition No. 10 of the from a previously approved Minor Design ences. Condition No. 10 states: cant shall use a three- dimensional heavy ;rete tile or other material approved by the rector or Designee. All roofing materials shall Fire rating, and so noted on the construction and would like approval for the existing "3 -tab" & 318 Townsend Street within the Historic ), within Redevelopment Project Area No. 3, AGENDA ITEM NO., __,_L_..- PAGE,,J ._0F.2 ... PLANNING COMMISSION STAFF REPORT REQUEST FOR WAIVER OR MODIFICATION OF CONDITION OF APPROVAL AUGUST 7, 2007 PAGE 2 of 3 PROJECT HISTORY The applicant submitted an application for review and approval of a Minor Design Review of two (2) single family residences on December 1, 2005. The project was approved by the Planning Commission on June 20, 2006 (the applicant had previously submitted an application for a Minor Design Review at the same location that was denied by the i Planning Commission due to design issues). Shortly after receiving approval, the applicant proceeded to locate the two (2) pre - manufactured homes on the two I (2) vacant lots (The applicant had previously placed the two units on the lots illegally, and the City required him to move the units until it could be determined whether the project would be approved). Staff first questioned the applic that were installed on the two shingle" per Condition of Apl discussed Condition No 10 1 shingle" several times with the The applicant has indicated that since the units were pre- manufai material in place. Regardless, S material in order to comply attempted to comply with this re the edges of the roof. When the applicant was informed Condition No. 10 was met, the of leniency from Condition No. 10 composition shingles and deterrr request to the Planning Commissii PROJECT DESCRIPTION The applicant is requesting that ( two (2) single family residences existing "3 -tab" composition asl submitted a letter to Staff dated The letter states that the avvlic regarding whether the type of asphalt shingles .s were "three- dimensional heavy composition ial No. 10 on February 12, 2007. Staff has tiring "three- dimensional heavy composition icant since the initial contact in February 2007. re was no need to replace the roofing material, ed buildings that were shipped with the roofing gave the applicant time to replace the roofing i the Condition of Approval. The applicant rement by adding additional asphalt shingles to at the units would'' not gain final approval until cant requested a meeting with Staff to ask for Staff could not support the use of three -tab %d that is would 'be appropriate to bring the iition No. 10 for the Minor Design Review of waived or modified approving the use of the t shingle roofing' material. The applicant has � 5, 2007 stating 'the reasons for this request. "...did not know there were two kinds of AGENDA ITEM NO. PAGE a OF ?� PLANNING COMMISSION ST, REQUEST FOR WAIVER OI APPROVAL AUGUST 7, 2007 PAGE 3 of 3 composition roofing." He further and can NOT [applicant empha: patios /porches and garages." Addi attached July 5, 2007 letter. ANALYSIS The requirement for enhanced recently approved residential material is concrete tile or a shingle. RECOMMENDATION T REPORT MODIFICATION OF CONDITION OF states that he now has "...financial problem[s] is] afford to replace the roofing for homes, tional reasons for this request are listed in the materials has been a standard condition for ;s. Currently the requirement for roofing architectural three- dimension composition It is recommended that the Planning Commission deny the request to waive or modify Condition No. 10 of Minor Design Review for two (2) single family residences located at 316 and 3118 Townsend Street (APN 374 - 105 -024) and require that the applicant replace the "3 -tab" shingles with either heavy architectural three dimensional composition shingle or concrete tile prior to occupancy. PREPARED BY: LINDA M. MILLER, PLANNING CONSULTANT APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. Vicinity Map 2. Photographs of Existing Ho 3. Applicant's Letter dated Jul 4. Complete Staff Report of including Conditions of App 5, 2007 ie Planning Commission dated June 20, 2006 -oval and Exhibits. AGENDA ITEM NO.. PAGE_j__OP.� i Vil MDF 316 AND 318 Y/ I PLANNING COMMISSION INITY MAP OF 2 SFR'S TOWNSEND STREET PROJECT SITE AGENDA ITEM NO. - -7 PAGE 4 OF. d cy g� xy t A& p1 5 � � » ry ✓ y. c� t � }PoS�Qp�� • ♦@ p R �x y a q nF a + g c *� tax,M' 4 ,d E i k 4 { F n To: Planning Commissioners July 5, 2007 City of Lake Elsinore, CA From: Solomon M Project: Two New Mz Address: 316 and 318 Dear Planning Commissioners: I am writing this letter because e from the City of Lake Elsinore, I do grading, bringing manufactur work were included retailing wall patios /porches and constructing widening the streets and curb & concrete driveways, walkways, c All garages porches /patios roofir manufactured composition shing kinds of composition shingle roo Dimensional composition roofing composition roofing and the City roofing on "Condition of Approva were two kinds of composition rc Now I am in financial problem ai homes, patios /porches and gara time. I am stuck with these two t money I borrowed to build these Therefore I would request that of approval No. 10, authorizing composition" roofing material. Si r y Yours Solomon Mishkanian' Owner /Engineer homes Ave. r getting permits for two manufactured homes irted to develop the land, as owner /Engineer, homes on site and doing the site works. The metal post wood fences, adding covered o garages with enhanced veneer stones, tter and sidewalks,', bringing all utilities, icrete stairs and much more. 1 have been constructed to match the prefab roofing without aware of that there were two ng material (3 -Tap composition roofing and . The manufactured roofing came with 3 -Tap iad required dimensional composition shingle letter" Item No. 10. Which I did not know there can NOT afford to replace the roofing for s. Also the home market is very slow at this nes. I have to pay interest every month on the )mes. I will be broke if this condition continues. Planning Commissioners amend to condition use of the existing' standard "3 -Tap AGENDA ITEM 140. % PAGE---J_oF� TO: FROM: DATE: PREPARED BY CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT JUNE 20, 2006 LINDA MILLER, PROJECT PLANNER PROJECT TITLE: MINOR DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET (APN 374 -105 -024) APPLICANT: SOLON 39 GIO' ALISO OWNER: SAME PROJECT REQUEST The applicant is requesting desi single story residences to be plac (Design Review), Chapter 17.14 (Parking Requirements) of the Historic Elsinore Architectural f PROJECT LOCATION The two (2) vacant 9,000 square Street just south of Pottery Street is the City of Lake Elsinore. The Zon Density, Assessor Parcel Number MISHKANIAN CALIFORNIA 92656 review consideration for two (2) manufactured on two (2) vacant lots pursuant to Chapter 17.82 esidential Design Standards), and Chapter 17.66 ke Elsinore Municipal Code (LEMC) and the i2n Standards. oot lots are adjacent to each other on Townsend the area known as the Historic Overlay District of rig and General Plan Designation are Low Medium 74- 105 -024. AGENDA ITEIANO' -7 PAGE <OF__ REPORT TO PLANNING COMMISSION JUNE 20, 2006 PAGE 2 OF 7 PROJECT TITLE: MINOR DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET (APN 374 -105 -024) ENVIRONMENTAL SETTING PROJECT DESCRIPTION 316 Townsend Street This lot will include a 1,512 square': porch (approximately 175 square f6 connected to the residential structure building footprint area is approxim, (23 %) of the total lot area of 9,00 building area of fifty percent (50°/' Standards. The residence includes ai laundry room, three (3) bedrooms, a 318 Townsend Street A 2,062 square foot manufactured garage will be placed on this lot. square foot porch. The total buildii square feet or twenty-nine percent i meeting the maximum allowable bi Foot manufactured unit with an attached covered A). A two (2) car 400 square foot garage will be with an exposed beam "porte cochere. The total rtely 2,087 square feet or twenty-three percent square feet meeting the maximum allowable per the requirements of the Historic Elsinore i entry, living room; dining room, kitchen, nook, 1d two (2) bathrooms. ►it with an attached 'two (2) car, 400 square foot his unit also will also include an attached 175 footprint area for this unit is approximately 2,637 > %) of the total lot area of 9,000 square feet, also ling area. This residence includes an entry, living AGENDA ITEM N0. PAGE R OF 3 a y s se.tia..n �p ,,55 k % Low Medium Density Project Vacant LMD — (Low Medium Density) Site North Residential LMD — Low Medium Density) Low Medium Density South Vacant LMD — Low Medium Density) Low Medium Density East Residential/ LMD — (Low Medium Density) Low Medium Density Vacant West Residential LMD — Low Medium Density) Low Medium Density PROJECT DESCRIPTION 316 Townsend Street This lot will include a 1,512 square': porch (approximately 175 square f6 connected to the residential structure building footprint area is approxim, (23 %) of the total lot area of 9,00 building area of fifty percent (50°/' Standards. The residence includes ai laundry room, three (3) bedrooms, a 318 Townsend Street A 2,062 square foot manufactured garage will be placed on this lot. square foot porch. The total buildii square feet or twenty-nine percent i meeting the maximum allowable bi Foot manufactured unit with an attached covered A). A two (2) car 400 square foot garage will be with an exposed beam "porte cochere. The total rtely 2,087 square feet or twenty-three percent square feet meeting the maximum allowable per the requirements of the Historic Elsinore i entry, living room; dining room, kitchen, nook, 1d two (2) bathrooms. ►it with an attached 'two (2) car, 400 square foot his unit also will also include an attached 175 footprint area for this unit is approximately 2,637 > %) of the total lot area of 9,000 square feet, also ling area. This residence includes an entry, living AGENDA ITEM N0. PAGE R OF 3 a REPORT TO PLANNING COMMISSION JUNE 20, 2006 PAGE 3 OF 7 PROJECT TITLE: MINORIi DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET (APN 374 - 105 -024) room, family room, dining room, kitchen, nook, laundry, four (4) bedrooms, and two (2) bathrooms. Architectural Design Both units utilize architectural features of the Craftsman style architecture. These features include elephantine columns, masonry wainscot, wide window frames and paned glass windows, covered porch entries, multiple roof planes, horizontal siding at gabled ends, decorative wood braces and exposed rafter tails. The following is a summary of the materials and colors proposed for each unit: 316 Townsend Street Walls Accent/Trim Roofing 318 Townsend Street Walls Accent/Trim Roofing . Landscaping and Fencing Stucco' . Wood/Foam Asphalt, Shingle (Heavy Dimensional Type) Stucco Wood/Foam Asphalt Shingle (Heavy Dimensional Castle Beige Interface Tan Multi- colored brown Western Reserve Beige Dormer Brown Multi- colored brown* Type)' ( *Conditioned to be a different color than unit above) An automatic irrigation system andlandscaping will be provided in the front setback area of each unit. Approximately 1,912 square feet or twenty-one percent (21 %) of the lot area of 316 Townsend Street and approximately 2,462 of twenty-seven percent (27 %) of lot area of 318 Townsend Street will be landscaped. The applicant shall construct the City's Standard six foot (6') wood fence along the sides and rear oronerty . AGENDA ITEM NO._�_ PAGE L-1 OF-5:7- REPORT TO PLANNING COMMISSION JUNE 20, 2006 PAGE 4 OF 7 PROJECT TITLE: MINOR DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET (APN 374 -105 -024) lines of both lots. The return walls in view of the public right of way and along the front of the houses will be architecturally enhanced, matching the architectural style of the house. The applicant shall be required to remove and replace any existing chain link fencing or any fencing that is in poor condition.' If applicable, it will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. BACKGROUND The project was reviewed by the De At that meeting the only items reque street facing garage elevations and complied with that request and re- consideration. ANALYSIS Staff has reviewed the project ar Approval, the residential project cor Elsinore Municipal Code and the 1 including but not limited to density, Additionally, Staff has determined t of the existing homes in the area. Pursuant to the California Envir categorically exempt from CEQA Conversion of Small Structures) residences. Review Committee (DRC) on May 18, 2006. were the addition of decorative lighting on the .- the two (2) entry doors. The applicant has nitted plans for; the Planning Commission's found that with the attached Conditions of lies with the minimum requirements of the Lake ;toric Elsinore Architectural Design Standard tbacks, landscaping, parking and lot coverage. residences will meet and/or exceed the quality ntal Quality Act, (CEQA), this project is Cant to Section 15303 (New Construction or 3(a) that exempts up to three single family AGENDA ITEM N0. _ PAGE ll OF REPORT TO PLANNING COIN JUNE 20, 2006 PAGE 5 OF 7 PROJECT TITLE: MINOF FAMIL RECOMMENDATION It is recommended that the Plan approving the Minor Design R associated improvements located 024. Approval is based on the fol of Approval. FINDINGS 1. The project, as approved, will c Plan and the Zoning District in The proposed Minor Design Rei 316 and 318 Townsend Street objectives of the General Plan, residences will assist in achievit mix of residential, commerc institutional land uses as well a6 a broad range of housing types 2. The project complies with the( all other applicable provisions The proposed Minor Design R 316 and 318 Townsend Street design to each lot in that, each provides front yard landscal Architectural Design Standat Features of the Craftsman inch window frames and paned gla planes, and horizontal gable complement the quality ofexish DESIGN REVIEW OF TWO (2) SINGLE RESIDENCES LOCATED AT 316 & 318 ?,ND STREET (APN 374 - 105 -024) g Commission adopt Resolution No. 2006 -_ ew for two (2) single family residences, and 316 and 318 Townsend Street — APN 374-105 - ving Findings, Exhibits, and attached Conditions with the goals and objectives of the General the project is located. 'w for two (2) single family residences located at PN 374 - 105 -024), complies with the goals and i that the approval of the two (2) single-family a development of a well- balanced and functional 1, industrial, open space, recreational and ncouraging the development and maintenance of it all income groups and age categories. .gn directives contained in Section 17.82.060 and the Municipal Code. ew for both single family residences located at PN 374 -105 -024) are appropriate in size and sgle family unit; meets all setback requirement; g; and complies I with the Historic Elsinore by proposing Craftsman style architecture. elephantine columns, masonry wainscot, wide windows, covered porch entries, multiple roof ling. The two (2) single family residences will development and will create a visually pleasing, AGENDA ITEM NO. PAGE 12- oF-3--2-_ REPORT TO PLANNING CON JUNE 20, 2006 PAGE 6 OF 7 PROJECT TITLE: MINOR FAMIL` non - detractive relationship bet architectural design, color and surrounding homes. 3. Subject to the attached C( anticipated to result in any s The proposed Minor Design R 316 and 318 Townsend Street all applicable City Divisions significant effect on the env Exemptions) and Section 1530. Small Structures) of the Califon DESIGN REVIEW OF TWO 2 SINGLE RESIDENCES LOCATED AT 316 & 318 ',ND STREET (APN 374 -105 -024) the proposed and existing projects in that the ,ials proposed are distinctyet blend in with the of Approval, the proposed project is not adverse environmental impacts. ,iew for both single family residences located at 'N374- 105 -024) as reviewed and conditioned by td Departments and Agencies, will not have a onment pursuant to Article 19 (Categorical Class 3(a) (New Construction or Conversion of ,a Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82. 100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval ofithe subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (. Elsinore Municipal Code (LEM( (2) single family residences loca 105 -024) have been scheduled) Commission. The Minor Design 17.82. 100 (Minor Design Revi" and all other applicable Section: project was found to be in complic and the Historic Standards. ;tion of the Planning Commission) of the Lake , the proposed Minor Design Review of the two �d at 316 and 318 Townsend Street (APN 374 - r consideration and approval of the Planning 'eview has been evaluated pursuant to Section of the Lake Elsinore Municipal Code (LEMC) of the LEMC and the Historic Standards. The ice with all regulations and objectives ofLEMC AGENDA ITEM N0. ^% PA0E_L1_0F �J REPORT TO PLANNING COMMISSION JUNE 20, 2006 PAGE 7 OF 7 PROJECT TITLE: MINOR, DESIGN REVIEW OF TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 316 & 318 TOWNSEND STREET (ARN 374 - 105 -024) PREPARED BY: LINDA MILLER, AICP, PROJECT PLANNER APPROVED BY: ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION R1 3. PLANNING COMMISSION C( 4. CEQA — NOTICE OF EXEMPT 5. REDUCED EXHIBITS a. Cover Sheet b. Floor Plan 316 Townsenc c. Elevations 316 Townsenc d. Floor Plan 318 Townsenc e. Elevations 318 Townsenc f. Site Plan (Both Lots) g. Grading Plan (Both Lots) h. Landscape Plan (Both Lo 6. FULL SIZED EXHIBITS (Same 7. FULL SIZED COLOR ELEVA� OF COMMUNITY DEVELOPMENT OF APPROVAL Street I Street Street I Street its) as listed above) 'IONS (presented at Hearing) I AGENDA ITEM NO PAGE 14 _ i VICINITY MAP MDR OF 2 SFR'S 316 AND 318 TOWNSEND STREET PLANNING COMMISSION AGENDA ITEM NO. PACE_OF, 3i_ RESOLUTION OF THE CITY OF LAKE ELSIN MINOR DESIGN REVII RESIDENTIAL UNITS I STREET (APN 374 -105 -0 N NO. 2006- INNING COMMISSION OF THE ., CALIFORNIA, APPROVING A FOR TWO (2) SINGLE - FAMILY ATED AT 316:& 318 TOWNSEND WHEREAS, an application ihas been filed with the City of Lake Elsinore by Solomon Mishkanian, requesting approval of a Minor Design Review for two (2) single - family residences on two (2) vacant lots located on Townsend Street just south of Pottery Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC), and the Historic Elsinore Architectural Design Standards; and WHEREAS, the Planning Commission of the' City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for residential projects; and WHEREAS, public notice of said application has been given and the Planning Commission has cc Development Department and 4 respect to this item on June 20,. NOW, THEREFORE, ' CITY OF LAKE ELSINORE AND ORDER AS FOLLOWS: SECTION 1. The Plar design for the single- family v Planning Commission finds and LEMC and is exempt from fund Class 3(a) (New Construction or Environmental Quality Act (CE( red evidence presented by the Community interested parties at a public hearing held with PLANNING COMMISSION OF THE S HEREBY RESOLVE, DETERMINE, ig Commission has considered the proposed lences and has found them acceptable. The rermines that this project is consistent with the environmental clearance under Section 15303, aversion of Small Structures), of the California SECTION 2. That in accordance with Chapter 17.82 (Design Review).of the LEMC, the following findings for the approval of the project have been made as follows: 1. The project, as approved,- N General Plan and the Zoning comply with the goals and objectives of the trict in which the project is located. i AGENDA ITEM NO. � -- PAGE OF D PLANNING COMMISSiJN RESOLUTION NO. 2006- PAGE 2 OF 3 The proposed Minor Design Review for two (2) single family residences located at 316 and 318 Townsend Street (APN 374 -105 -024) complies with the goals and objectives of the General Plan, in that the approval of the two (2) single - family residences will assist in achieving a development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. I 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal!, Code. The proposed Minor Design Review for both single family residences located at 316 and 318 Townsend Street (APN 374 -105 -024) 'are appropriate in size and design to each lot in that, each single family unit; meets all setback requirement; provides front ya Id landscaping; and complies with the Historic Elsinore Architectural Design Standards by proposing Craftsman style architecture. Features of the Craftsman include: elephantine columns, masonry wainscot, wide window frames and paned glass windows, covered porch entries, multiple roof planes, and horizontal gable siding. The two (2) single - family residences will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials proposed are distinct yet blend in with the surrounding homes. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review for both single family residences located at 316 and 318 Townsend Street (APN 374 -105 -024) as reviewed and conditioned by all applicable City Divisions, and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15303, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82. 100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with 'the objectives of Chapter 17.82. AGENDA ITEM NO % — PAGE 1-1 OF_�3-7 ,I PLANNING COMMISSION RESOLUTION NO. 2000 -_ PAGE 3 OF 3 Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Minor Design Review of the two (2) single family residences located at 316 and 318 Townsend Street (APN 374 -105 -024) have been scheduled for consideration and approval of the Planning Commission. The Minor Design Review has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable Sections of the LEMC and the Historic Standards. The project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this; 20'x' day of June, 2006, by the following vote: AYES: COMMISS NOES: COMMISS ABSENT: COMMISS ABSTAIN: COMMISS ATTEST: Rolfe Preisendanz Director of Community Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO PAGE I OF Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fe i amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers,i employees, or agents concerning the project attached hereto, which action) is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167.1 2. The decision of the Planning CI mmission shall be I'final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. PLANNING DIVISION 3. Minor Design Review approval) of two (2) single - family dwelling unit located at 316 & 318 Townsend Street (APN 374 - 105 -024) will lapse and become void one (1) year of the approval) date unless a building permit is issued and construction commenced and diligently pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to issuance of any grading or building permits, the Applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. AGENDA ITEM NO._�_ Page 1 of 10 PAGE_LJlOF�� 6. Prior to the issuance of a bui submit a "will serve" letter frc the satisfaction of the Director letter shall specifically indica domestic and fire protection N plans to EVMWD and shall it including payment of applicable 7. All site improvements shall b( plan and elevations, with revisi required setbacks and develop Single - Family Residential). An hereto shall be processed in Review. All plans submitted fo the submitted plans as modifiec 8. The development of the referenced herein or Development Director or 9. All materials and colors unless approved by the ( IO.At a minimum the applicant shingle or concrete tile or Development Director or Desi Class "A" Fire rating, and so i 11.The Applicant is to meet all ding permit the Applicant shall obtained and n Elsinore Valley Municipal Water District to of Community Development. The "will serve" e the specific water flow volumes for both ater supply. The applicant shall submit water ,orporate all District conditions and standards, connection fees. constructed as indicated on the approved site ins as noted herein. i,The applicant shall meet all vent standards pursuant to Section 17.23 (R -1 revisions to the Minor Design Review attached similar manner as! the original Minor Design Building Division Plan Check shall conform to by Conditions of Approval. shall be in conforlmance with approved plans -1d with the approval of the Community on the plans and materials board shall be used .y Development Director or designee. .1 use a three- dimensional heavy composition Zer material approved by the Community e. All roofing materials shall have a minimum d on the construction plans. City Codes and Ordinances. 12.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. AGENDA ITEM NO. % Page 2 of 10 PAGE_2D_OF�? 13.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. 14.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. I Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 15.The applicant shall meet all applicable County Fire Department requirements for fire protection. 16.The applicant shall meet all applicable Building and Safety Division requirements. 17.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2') into the lrequired minimum side yard setback. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19.The Applicant shall plant twenty -four inch (24 ") box street trees, selected from the City Street Tree List, a maximum of thirty feet (30') on center along all street frontages. Planting is isubject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. AGENDA ITEM NO.___Z� Page 3 of 10 PAGE a 1 OF_3 -2— 20.The Applicant shall provide Ihrubs and plant materials as shown on the landscape plan. All accent shrubs shall be a minimum five- gallon (5) in size. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of :a Certificate of Occupancy. 21.Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 22.The Applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 23.The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 24.All exposed slopes in excess o irrigation system and erosion c City's Landscape Architect. A approved and planted prior to t are required for review of plans 25.Driveways shall be standards. three feet (3') in height shall have permanent ntrol vegetation installed, as approved by the lanting and Irrigation Plan shall be submitted, issuance of a Certificate of Occupancy. Fees nd inspections. of concrete per Building and Safety Division 26.All walls or fences located in any front yard shall not exceed thirty-six inches (36 ") in height with the exception that wrought -iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 27.The applicant shall construct tl the sides and rear property lir public right of way and along enhanced, matching the archite City's Standard six foot (6') wood fence along of each lot. The', return walls in view of the e front of the residence will be architecturally are style of the residence. Page 4 of 10 AGENDA ITEM N0. -7 — PAGE a --,)0 F- -6- -Z 28.The Applicant shall be require fencing and any fencing that is the Applicant to contact the existing fencing is in good coi approval of the Community De to remove and replace any existing chain link i poor condition. It will be the responsibility of ffected neighboririg property owners. If the ition, this requirement may be waived per the Jopment Director o! r Designee. 29.The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. 30.The Applicant shall provide a flat concrete pad a minimum of T- 0" by T- 0" adjacent to each dwelling unit. The storage pad, for trash barrels shall be concealed from public view. 3 LThe Applicant shall provide Unified School District have 32.The Applicant shall pay of building permits. 33.The Applicant shall meet all Certificate of Occupancy and 34.The Applicant shall pay the (MSHCP) Local Development than 8 du/ac) prior to obtaining 35.The Applicant shall submit a c the County of Riverside for submitted to the Planning Di projects approval. 36.The Applicant shall pay the 37.The Applicant shall pay the [nce that all required fees to the Lake Elsinore paid prior to issuance of building permits. eu fees in effect at the time prior to issuance litions of Approval prior to the issuance of a Lse of utilities. ,ilti Species Habitat Conservation Plan Fee tigation Fee of $1,651.00 (fee for density less ilding permits. ck in the amounts of $64.00 made payable to Notice of Exemption. The check shall be ion for processing within 48 hours of the i I able Library Capital Improvement Fund fee. able Building Imlpact Fee. I AGENDA ITEM NO Page 5 of 10 PAGE L3 OF�Z T 316 & 318 TOWNSEND STREET — 38.Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413 (b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which' may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, orl similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters l. ENGINEERING DIVISION 39.All Public Works requirements shall be complied with as a condition of development as specified in the 'Lake Elsinore Municipal Code (LEMC) prior to building permit. 40.Prior to the issuance of a Building Permit, the Applicant shall provide sufficient evidence that each residence' is located on a legal lot. If applicable, the Applicant shall process a parcel map, if the two lots have been previously merged; if not submit proof that each residence exists as a separate legal lot. 41.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. 1 Submit this letter prior to applying for a building permit. AGENDA IT E51 N0._ Page 6 of 10 PAGE a �f OF 1:1 42.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. 43.Provide fire protection access County Fire. 44.In accordance with the City' recycling, the applicant shall removal and disposal of all wa! generated during cleaning, dem construction. facilities as required in writing by Riverside Franchise Agreement for waste disposal & requlreu to comracL wim %-,rUY-A. uiC. IVI material, debris, 'vegetation and other rubbish ition, clear and grubbing or all other phases of 45.All grading and street improvement plans submitted to engineering department for review and permit shall be drawn on 24" X 36" Mylar with City's specific border and title block, for which digital files are available by request. 46.All compaction reports, grade notes delineated on 8 1/2" x 1 Division before final inspection approved. STREET IMPROVEMENTS 47.Construct all public works im centerline of Townsend Stri approved street plans (LEMC the City Engineer prior to issu 48.A California Registered C improvement plans and speci constructed to Riverside Coun City Codes (LEMC 12.04 and certifications, monument certifications (with tie " Mylar) shall be submitted to the Engineering of off -site improvements will be scheduled and wements from property line to one foot beyond , pavement transitions may be required per itle 12). Plans shall be approved and signed by ce of building permit (LEMC 16.34). I Engineer shall prepare street and alley -lations. Improvements shall be designed and Road Department Standards, latest edition, and i.34). Page 7 of 10 AGENDA ITEM N0. PAGE-2-5' OF T 316 49. Street improvement plans shall Ihow existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on Townsend Street centerline. 50.If the existing street improvem on file shall be modified accol to issuance of building permit. the work. 51. Work done under an enci delineated on the street im Engineer prior to issuance are to be modified, the existing street plans ly and approved by the City Engineer prior encroachment permit will be required to do t permit for off; site improvements shall be It plans and approved and signed by the City zg permits. 52.Pay all fees and meet requirements Engineering Division for constructic (LEMC12.08, Res.83 -78). Alll fees permit shall be fulfilled before Certif :: 1 !� 53.Developer shall obtain all ne the adjacent property owners 54.Apply and obtain a grading grading activity. 55.A grading plan stamped /signe4 required since the grading exce is substantially modified as det shall show volumes of cut and', the existing ground as survey Contours shall extend to minirr existing drainage pattern. App] security prior to grading permit of an encroachment permit issued by the m of off -site public works improvements and requirements for an encroachment cate of Occupancy. I y off -site easements for off -site grading from to final map approval. mit with appropriate security prior to any by a California Registered Civil Engineer is Is 50 cubic yards and the existing flow pattern mined by the City Engineer. The grading plan 11, adequate contours and/or spot elevations of by a licensed' surveyor or civil engineer. m of 15 feet beyond property lines to indicate and obtain a grading permit with appropriate suance. Page 8 of 10 AGENDA ITEM NO. � PAGE_2_6_OF - 56.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist - Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 57.Applicant shall provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58.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. DRAINAGE: 59.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 60.All natural drainage shall be collected and 61.Roof drains shall not be al curb. Roofs shall drain to a into landscaping prior to en 62. Submit Hydrology and Hydr Engineer prior to issuance of total water shed area run -off any flooding and/or erosion and/or diversion of drainage. the site shall be conveyed through the site, or by a method approved by the City Engineer. to outlet directly through coring in the street ,aped area. Driveways shall be sloped to drain street facilities. lie Reports for review and approval by City ilding permits. Hydrology study shall consider -ough the properties. Developer shall mitigate wnstream caused by development of the site Page 9 of 10 AGENDA ITEM NO.�_ PAGE c2 I OF�_ FEES: Pay all Capital Improvement and mitigation fee is $1,369.00 and the the TUMF amount is $7,248.00. STORMWATER/ CLEANWA' 63.City of Lake Elsinore has adol discharge control. In accords water ordinances Prohibit the local surface waters. This incl grease, detergents, trash, or of Pollution, What You Shoul available at City Hall. PLEASE NOTE: The discharge system, or waterways - without R waver — is strictly prohibited by to Plan Check fees (LEMC 16.34). The traffic lrainage fee is $567.00 (Town No. 6. Dist.) and PROTECTION PROGRAM ed ordinances for storm water management and ce with state and federal law, these local storm discharge of waste', into storm drain system or ides non -storm water discharges containing oil, er waste remains. Brochures of "Storm water Know" describirig preventing measures are I of pollutants into street, gutters, storm drain gional Water Quality Control Board permit or ;al ordinances and state and federal law. Page 10 of 10 jtGENDA ITEM N0. ­7 PAGE al)-OF - «� / ! | . ; | x„183dW / � m, X183dOUd - - - - -- - ----\----------13 81s ON3SNMOl ! ; |W (� k ., ��. | \�. |; ! | §! � |!|| � p:! i % § ., . § Vi arc !■ ƒ ,4 big-- 4 Is %�t,. | |� |�' / � m, X183dOUd - - - - -- - ----\----------13 81s ON3SNMOl ! ; |W (� k ., ��. | \�. |; ! | §! � |!|| � p:! i % § ., 3.` c _r . 33' _, y S _,; _ |� _ G _, � ) , r §.� © ® $ ewe ewe _ $ y o y § e ! + °. , e ) % � % + ! , _. _e i IN3R3AVd M3Ne ) / � m, X183dOUd - - - - -- - ----\----------13 81s ON3SNMOl ! ; |W (� k ., ��. | \�. |; ! | §! � |!|| � p:! i % § ., s� B F d 6$ itezE ai If 111 gL;; }� E s sjgy4 i` 63t=ji[af Fs'aE$ a: ; i i I j: sf i°3se -`pEia {aj�tF$?° i2�E- .'r'Ei �t-, 7 t 1 3NON iS1X3 ; OD 1 WI �1 M 1 1 1 HI- Nli 1• XI• W 1 la 11 11 -ie a �i LaN 3NON 1S1X3 101 1Ntl9tlA 0 1 1 1 1 1 1. 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I •� �rs a i Z E ±I u 3NOH LSIX3 3NON 151x3. i ' 1 � i (ONIMYHO 33N3d OMM ONY0NYLSi3 ,09 i 33N33 DOOM HOIH ,9 •1SNO3 -------- 33N3 •73 15 X 3AON ..31 0 1 IS13 3XY1 d0 1113 33S) i .W.. .09 i i Y W u. z 1 °` 1 1 ..V ' 0£ O� b 3 0 A W 1 N V, WI I :10� F tl 1•, LL N a° j 3N3d u. z E > I 3Lr7 ` W c 101 1Ntl3rA IS13 3XY1 d0 1113 33S) i i .09 i i a .w..m nr ram .0 v 1l1' O llx•Y y'k 1 VY ''11 -H N ZtJ O - W ` W ¢su..m nrm x� "'ivl I }W" O .Om i R P O H. ado .. S 10Pdot .S _ •, u sdoiS 10 doll a XlY4301S M3N ,9 1N3M3Ard M3N,9 a0 ;0 103 mys-171 c ___. ____I._._.- ___ -__ 3 +00 133815 01 ,1 S M „b !091.91 5 - 19 GUM M3N io r 1N3M3AYd 3r 151X3 ----------------- -- . 3NM01 4+00 ji 6 � Q a N „tea a9 1¢ ;3l "a b 77 A 3v s X Aa rYi- h�9£ 9999x1? A i €Is f i3 1<A � }8 a b A ==y il Er ITEM NO.� ( |� & , v . § ,. - -- -- y: . P. z � ■ � � . � � � | � $ . . , � !!� 9` \ � \ M . ! \/ � � 2 ( § � (§ \§ ! § ( / \ UT � | � $ . � !!� 9` � \ M G� � | � $ . i i City of take Elsinore Notice of Exemption Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674 -3124 (909) 471 -1419 fax Filed With: ❑ Office of Planning and R 1400 Tenth Street, Room Sacramento, CA 95814 Project Title: Minor Design Review of two (2) Sing] 024). Project Location (Specific): The proposed project(s) are I Project Location (City): City of Lake Elsinore Description of Nature, Purpose, and Beneficiaries of Proj The applicant is proposing to place two (2) manufactured both lots is LMD (Low Medium Density). This project w 316 Townsend Street- This lot will include a 1,512 square feet). A two (2) car 400 square foot garage with total building footprint area is approximately 2,087 sql feet lot meeting the maximum allowable building area i 318 Townsend Street- A 2,062 square foot manufactu this lot. This unit will also have an attached 175 squ 2,637 square feet or twenty-nine percent (29 %) of the building area. Name of Public Agency Approving Project: City Name of Person / Agency Administrating Project: Linda Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and 0 Categorical Exemption (state type and Reasons why project is exempt: This project meets the exemption requirements pursuant Contact Person: Linda M. Miller Signed: Rolfe M. Preisendanz ❑O County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 ly Residences located at 316 & 318 Townsend Street (APN 374-105 - on Townsend Street just south of Pottery Street. Project Location (County): Riverside County tomes on two (2) vacant lots. The Zoning and General Plan Designation for provide affordable housing. we foot manufactured unit with attached cover porch (approximately 175 connected to the residential structure with an open beam pone cochere. The : feet or twenty-three percent (23 %) of the total lot area of the 9,000 square ifty percent (50 %) per the requirements of the Historic Elsinore Standards. unit with an attached two,(2) car, 400 square foot garage will be placed on foot porch. The total building footprint area for this unit is approximately I lot area of the 9,000 square feet lot, also meeting the maximum allowable Elsinore i tiller, Project Planner, City of Lake Elsinore number): Article 19 Categorical Exemptions Section 15303, Class 3 (a) New Construction or Conversion of Small Structures Section 15303 of the California Environmental Quality Act (CEQA). Telephone Number: (951) 674 -3124 x 209 Title: Director ofCommunitvDeveloument AGENDA ITEM NO. _� -- PAGE 33 OF-33— J TO: FROM: DATE: PROJECT: TITLE APPLICANT: OWNER CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION ROLFE M. I DIRECTOR AUGUST 7, DAVID GO 12502 RED SANTA AN PROJECT REQUEST The project requires additional design. Therefore, staff is reques date. PREPARED BY: AGUSTIN APPROVED BY AND MEMBERS OF THE PLANNING IN EISENDANZ, F COMMUNITY DEVELOPMENT 07 L DESIGN REVIEW NO. 2007-01. ;AR LL CA 90024 ne to resolve issues related to architectural that this item be continued to an off calendar F,SENDIZ, ASSOCIATE PLANNER ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY, DEVELOPMENT AGENDA REM NU• �_ PAGE---J OF—J----- CITY 1 REPORT TO TO: FROM: DATE: PROJECT TITLE: APPLICANT: OWNER: PROJECT REOUEST V FOR A AND F. MARK' 17802 BILL HOW. 94105 The applicant is requesting a Co for the design and construction food restaurant with a drive thr existing Lake Elsinore Square C -2 (General Commercial Distr of General Commercial. Review is pursuant to Chapter 17.66 (Parking Requirements), 1 LAKE ELSINORE BANNING COMMISSION N AND MEMBERS OF THE COMMISSION PREISENDANZ, t OF COMMUNITY DEVELOPMENT 792007 ONAL USE PERMIT NO. 2007-11; AND ZCIAL DESIGN'REVIEW NO. 2007-11; tOPOSED "SHELL" RETAIL BUILDING 100 ) 119 H LOCATED AT 29541 CENTRAL (APN: 377 - 060 -016) ,RLOS''AND ASSOCIATES, NORTH, IRVINE, CA 92614 'ENSONIUNITED GROWTH, 120 STREET, #450, SAN FRANCISCO, CA Tonal Use Permit and Design Review consideration 14,000 square -foot `,`shell' retail building and fast h on a .28 acre vacant site on Pad "B" within the )ping Center. The project site is located within the Zoning district and has a General Plan designation (C -2, General Commercial District), Chapter r 17.82 (Design Review), Chapter 17.38 (Non - AGENDA ITEM PAGE ' OF 39 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-11 AND COMMERCIAL DESIGN REVIEW NO. 2007-11; FOR A PROPOSED RETAIL "SHELL" BUILDING, WITH A DRIVE THROUGH RESTAURANT Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code :i(LEMC). PROJECT LOCATION The project site is located northwest of the Central and'Collier Avenues intersection, within the Lake Elsinore Square "Home Depot" Shopping Center. BACKGROUND On July 13, 2004 the City Council of the City of Lake Elsinore approved by Resolution the design and establishment of the Lake Elsinore Square Shopping Center. Entitlements granted for the 21.2 acre project site included certification of the Lake Elsinore Square Environmental Impact Report, a Tentative Parcel Map, a Commercial Design Review, and Conditional Use Permits for the Center. The subdivision of the site created seven (7) lots. At present, "pad b" is the only remaining vacant lot along Collier Avenue. On May 23, 2007 the applicant submitted to the Community Development Department an application for a Commercial Design Review and a Conditional Use Permit (CUP. The Commercial Design Review is necessary to ensure that all new and re- development conforms and is consistent with the City's General Plan Architectural Design Guidelines. The Conditional Use Permit is necessary to allow for the proposed drive- through operation. Although the applicant has worked diligently with staff in resolving issues relating to this Design Review and Conditional Use Permit application, acceptance of draft conditions has not been completed as of the writing of this report as the applicant does not concur with the following Conditions of Approval'recommended by staff: 9. The applicant shall extend the building entrances (along the north elevation) approximately seven feet (7'), to the edge of the parking lot, to create a covered pedestrian entrance. AGENDA ITEM / PAGE 9- OF ✓ / PLANNING COMMISSION ST AUGUST 7, 2007 PROJECT TITLE: CONDITIO COMMERCIAL DESIGN REV RETAIL "SHELL" BUILDING RESTAURANT 10. The applicant shall provide screen wall with decorative Avenue. Said wall shall ma. the Lake Elsinore Square , adequately screen ENVIRONMENTAL SETTING; REPORT USE PERMIT NO. 2007-11 AND NO. 2007-11; FOR A PROPOSED H A DRIVE THROUGH ? rming with enhanced landscaping and /or a low p located between the drive -thru lane and Collier i the color and materials of existing walls within opping Center and the berm and /or wall shall vehicle headlights.i Project Vacant C-2 (General General Commercial Site Commercial District) North 1-15 Freeway State Hi hwa State Highway South Commercial C-2 (General General Commercial Commercial District East Commercial C -2 (General General Commercial Commercial District West Commercial C -2 (General 1 General Commercial Commercial District) PROJECT DESCRIPTION The applicant is proposing to cor fast food restaurant with a drive t The proposed building will be minimum of fifteen- feet (15') v thru between. Furthermore, on -si building. CONDITIONAL USE ct a 4,000 square -foot "shell" retail building and igh on a .28 acre vacant relatively flat graded site. back from the Collier Avenue right -of -way a landscaping and the proposed single -lane drive irking will be located on the northwest side of the 2007 -11 The applicant is requesting the approval of a conditional use permit to allow for the establishment of a "drive- through" facility. The request for the "drive- through" facility is pursuant to Chapter 17.66.060 (Drive-Through Establishments). AGENDA ITEM PAGE 3 OF I PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-11 AND COMMERCIAL DESIGN REVIEW NO. 2007-11; FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT It is anticipated that the "drive - through" restaurant portion of the building will generate approximately sixty percent (60 %) of restaurant traffic, with the remaining forty percent (40 %) being generated by the restaurant dining room area. Parking for the proposed drive- through restaurant was analyzed accordingly. Finally, the stacking distance for the drive- through lane will accommodate eight (8) car lengths. COMMERCIAL DESIGN REVIEW NO. 2007-11 Onsite Circulation & ParkinQ The proposed building will be located on Pad `B" within the existing Lake Elsinore Square Shopping Center. There are three (3) existing points of ingress /egress for the shopping center. One (1) point located off of Central Avenue and two (2) points off of Collier Avenue. Two (2) access points located on Collier Avenue and Central Avenue of the site are limited to right - in/right out turning movements only, and one (1) signalized access point at Hunco Way and Collier Avenue allowing full turning movment. The onsite parking area for the building is adequately served by the two -way drive aisles located within the center. The applicant has provided staff with a recorded reciprocal parking agreement for the center allowing for "shared parking ". All parking spaces will be designed at 90- degree angles and will be nine -feet (9') in width and eighteen -feet (18') in length. Furthermore, the applicant has provided staff with a parking description for the Lake Elsinore Square Shopping Center which details the total number of parking spaces within the Center. Architecture The applicant is proposing to construct a 4,000 square foot rectangular shaped "sand float" finish cement plaster building. The total land area is approximately 12,200 square feet or .28 acres. The building will occupy approximately thirty-two percent (32 %) of the total site area which complies with the City of Lake Elsinore's General Plan which allows a maximum of .40 Floor Area Ratio (FAR). The building will incorporate two (2) pop -out tower entry elements for visual relief and shadowing near the southeast portion of the building. The pop -out tower, as well AGENDA% ITEM PAGE 'T of PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-11 AND COMMERCIAL DESIGN REVIEW NO. 2007-11; FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT as corner elements of the building will incorporate a decorative stone veneer ( "Cultured Stone "). Lower wainscot columns are also proposed with a "spec ceramic" slate rile veneer. The building will include metal trellis features, simulated arch elements and decorative awnings over the windows, adding architectural interest and detail. The east elevation, will include a porte - cochere that extends over the drive -thru pick up window and will include stone veneer around the columns. Finally, the roof line of the structure includes a decorative comice cap and is approximately two feet (2') higher than the main building roof line, providing articulation and variation to an otherwise straight or flat roof line. Colors and Materials The applicant is proposing to incorporate the colors and materials approved by the City Council. The materials and colors for the proposed building are as follows: Roof Camino Blend Clay Tile Primary Wall Color Frazee: "Da lin" Stucco Accent Wall Color #1 Frazee "Amber Wave" Stucco Accent Wall Color #2 Frazee "Peppercorn" Stucco Accent Wall Color #3 Frazee "Runnymede" Stucco Accent Wall Color #4 Frazee "Smokey Canle" Stucco Trim/Moulding and Cornice Frazee "Restorative" Stucco Base Furring/Columns Cultured Stone "Cobble field Desert Blend" Stone Veneer Base Furring /Columns Spec Ceramics "Pink, Jak Slate, & Pink Leather Combination" Slate Tile Veneer Awning Sunbrella Fire- Resistant "Jockey Red" Canvas AGENDAITEM Q PAGE 5 OF-a3 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-11 AND COMMERCIAL DESIGN REVIEW NO. 2007-11; FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT ANALYSIS The proposed building and drive- through establishment have been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, varying color treatments and materials, and wall breaks to create interesting building elevations. With the proposed conditions of approval, Staff determined that the proposed project will compliment the existing and proposed development in the surrounding area. ENVIRONMENTAL DETERMINATION The Lake Elsinore Square Environmental Impact Report (EIR), which was prepared in accordance with the California Environmental Quality Act (CEQA) by HDR and certified by the City of Lake Elsinore City Council on July 13, 2004, provides the necessary environmental clearance for the proposed applications. Therefore, no further environmental evaluation is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007 -_ adopting consistency findings with the Multiple- Species Habitat Conservation Plan; Resolution No._ approving Conditional Use Permit No. 2007 -11, and Resolution No. 2007 -_ recommending City Council approval of Commercial Design Review No. 2007 -11, based on the Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM q- PAGE (0 OF_3� PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-11 AND COMMERCIAL DESIGN REVIEW NO. 2007-11; FOR A PROPOSED RETAIL "SHELL" BUILDING WITH A DRIVE THROUGH RESTAURANT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. EXHIBITS • REDUCTIONS (8 % x 11) Exhibit A. Overall Site Plan Exhibit B. Site Plan Exhibit C. Preliminary Landscape Plan Exhibit D. Preliminary Grading Plan Exhibit E. Floor Plan Exhibit F. Building Elevations (East & South) Exhibit G. Building Elevations (West & North) 5. FULL SIZE PLAN SET AGENDAITEM PAGE OF VICINITY MAP LAKE ELSINORE SQUARE PAD "B" \ \r S \ 6; ^O �S PROJECT SITE GO J� A ti h 4/ v O U 5� C, PLANNING COMMISSION ACOND A rrssYr wo.�_ PAGE OFD RESOLUTION NO.2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Tarlos and Associates has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit 2007 -11 and Commercial Design Review 2007 -11 for a 4,000 square -foot "shell" retail and restaurant building with drive -thru (the "Project "); and WHEREAS, the Project Site, the total area of which is 0.28 acre, is generally located at the northwest corner of the Central and Collier Avenues, within the existing Lake Elsinore Square Shopping Center (APN: 377 - 060 -016) (the "Project Site "); and WHEREAS, Section IV of Resolution No. 2004 -11a, a Resolution of the City Council establishing procedures and requirements for the implementation of the Western Riverside County MSHCP, expressly exempts projects with vested development rights from processing under the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 7, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project in the context of the City's adopted Implementing Resolution prior to making a recommendation that the City Council find the Project exempt from the MSCHP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission hereby finds and determines that the Lake Elsinore Square Shopping Center was approved by the City Council in 2004 before the MSHCP became effective and the Project has a vested right to develop. Pad B has already been graded and is ready to be built. There is no potential value AGENDA ITEM NO. 9 PACE q OF�°I PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 2 for species or habitat on the Project Site. Pursuant to the City's MSHCP Implementing Resolution, this Project is exempt from the MSHCP. SECTION 3. According to the MSHCP Fee Ordinance, the Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. 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 the City Council find the Project exempt from the MSHCP. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7"' day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO..___1______ PAGE_�o _OF--]�l RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-11 WHEREAS, Tarlos and Associates, has initiated proceedings to request the approval of Conditional Use Permit No. 2007 -11 for the establishment of a single - lane drive -thru "shell" retail building and restaurant (the "Project') located at Pad "B" of the Lake Elsinore Square Shopping Center (APN: 377 - 060 -016); 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, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions AGENDA ITEM NO.-I_ PAGE-IL_OF_- ')_9 -- PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 5 of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, a Project Environmental Impact Report (State Clearinghouse No. 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad `B," where the Project will be located; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. AGENDA ITEM NO .............. - PAGE„�I�- OF.�„ -.�2_R __ PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -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 finds and determines that in accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Project. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2007 -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. 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 AGENDA ITEM NO. q PAGE / 3 OF:`�_ PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 5 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 "shell" retail and restaurant building with drive -thru has 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 "shell" retail and restaurant building with 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. 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 "shell" retail and restaurant building with drive -thru facility has been scheduled for AGENDA ITEM NO.J PAGE OF��_ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 5 OF 5 consideration and approval of the Planning Commission at the regularly scheduled meeting on August 7, 2007. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2007 -11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM No. q PAGE I p RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2007-11 WHEREAS, Tarlos and Associates, has initiated proceedings for Commercial Design Review No. 2007 -11 for the design and construction of a 4,000 square -foot "shell" retail and restaurant building with associated drive -thru located on Pad `B" of the existing Lake Elsinore Square Shopping Center (the "Project "), which is generally located at the northwest corner of Central and Collier Avenues (APN: 377 - 060 -016); 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, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement AGENDA ITEM 140. I 7 PLANNING COMMISSION RESOLUTION NO. 2007 —_ PAGE 2 OF 5 of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, a Project Environmental Impact Report (State Clearinghouse No. 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad `B," where the Project will be located; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. AGENDA ITEM NO.� PAGE_-L2_OF�1 __ PLANNING COMMISSION RESOLUTION NO. 2007 — PAGE 3 OF 5 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 finds and determines that in accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Project. 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 2007 -11: 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 in that the approval of this "shell" retail and restaurant building will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to diversify and expand Lake Elsinore's economic base. The General Plan designation for the Project site is General Commercial. The primary purpose of areas designated General Commercial is to provide a wide range of retail and service activities including department stores, restaurants, hotels, theaters, offices, and specialized areas. General Commercial areas are intended to be of high quality design, are expected to be pedestrian oriented, and shall contain sufficient off - street parking. The zoning designation for the Project Site is C -2 (General Commercial). The intent of the C -2 District is to reserve appropriate locations, consistent AGENDA ITEM N0, PAGE GS OF ��1 PLANNING COMMISSION RESOLUTION NO. 2007 —_ PAGE 4 OF 5 with the General Plan, to accommodate a full range of retail stores, ojfces, personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City. 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 proposed "shell" retail and restaurant building is appropriate to the Project Site and surrounding developments taking into account size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects in that the applicant is providing a "Timeless Contemporary" architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone and slate tile accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the "shell" retail and restaurant 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 result in any significant adverse environmental impacts. 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 7, 2007. AGENDA ITEM N0. 9 PACE __L -1 0F_-3_9_ _ PLANNING COMMISSION RESOLUTION NO. 2007 —_ PAGE 5 OF 5 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 the City Council approve Commercial Design Review 2007 -11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO.- _ PACE,�0F -, 1 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -11; AND COMMERCIAL DESIGN REVIEW NO. 2007 -08; FOR THE PROPOSED SHELL BUILDING TO INCLUDE A RETAIL "SHELL" BUILDING AND FAST FOOD RESTAURANT WITH A DRIVE THROUGH LOCATED AT 29541 CENTRAL AVENUE (APN'S: 377 - 060 -016) 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 Commercial Design Review, and Conditional Use Permit (Lake Elsinore Square Pad `B') project attached hereto. 2. 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 at (951) 674 -3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. 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. Planning Commission AGENDA ITEM N0. 1 August 7, 2007 PAGE a-I OF�� 5. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. 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. 7. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 8. The applicant shall comply with all applicable City codes and ordinances. 9. The applicant shall extend the building entrances (along the north elevation) approximately seven feet (7'), to the edge of the parking lot, to create a covered pedestrian entrance, subject to the approval of the Director of Community Development or designee. IO.The applicant shall provide a low screen wall with decorative cap located along the drive -thru lane. Said wall shall match the color and materials of existing walls within the Lake Elsinore Square Shopping Center, subject to the approval of the Director of Community Development or designee. 11.All landscaping shall be installed as indicated on the proposed "Preliminary Landscape" plan. Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 12.The split -face block to be used for the proposed trash enclosure shall match the color of all other split -face block on -site and within the Lake Elsinore Square Shopping Center. Planning Commission AGENDA ITEM No. 1 August 7, 2007 PAGE 2a-- OF�_ 13.All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Conditional Use Permit No. 2007 -11 14.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. 15.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. 16.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. 17.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 18.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. 2007 -08 2 LApproval for Commercial Design Review No. 2007 -08 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 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. Planning Commission AGENDA ITEM N0._� August 7, 2007 PAGE-2a—OF— 3 9— 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.P1an 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. 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. Planning Commission AGENDA ITEM N0._ __ t, August 7, 2007 PAGE LLOF�_,, 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. 35.0n -site surface drainage shall not cross sidewalks. Prior to Issuance of Building /Grading Permit 36.Prior to issuance of Building Permit, the applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5 -foot candles is achieved at building entrances. 37.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. 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 "). Planning Commission AGENDA ITEM ND.. August 7, 2007 FADE..... OF--2d_ 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. 39.Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. Planning Commission August 7, 2007 AGENDA ITEM No._J __ VALE _2_ (aOF__2)_9 ' 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. ENGINEERING DIVISION General Requirements: 5 LA 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. 52.All grading shall be done under the supervision of a geotechnical engineer and all slopes steeper than 2 to 1 for stability and proper erosion control shall be certified. 53.An Encroachment Permit shall be obtained prior to any work on City or State right -of -way. 54.The applicant shall pay all applicable development fees, including but not all inclusive: TLJMF, MSHCP,TIF, and area drainage fees. 55.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Planning Commission August 7, 2007 AGENDA ITEM NO. q _ PAGE-g?=-OF� 56.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. 57.All on -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 58.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 59.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 6O.The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the proj ect. 61.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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 62.The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more). 63.The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibi t the discharge of waste into storm drain system or local surface waters. This includes non -storm AGENDA ITEM NO. 7 _ Planning Commission August 7, 2007 PAGE �- g OF J3 water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 64.The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer 65.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66.The applicant shall submit a WQMP for approval by the City Engineer. 67.If an applicable, construction project access and hauling route shall be submitted and approved by the City Engineer. 68.The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.The applicant shall obtain and/or provide necessary reciprocal easements for access, parking, and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 70.The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 71.The 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 Planning Commission AGENDA ITErd NO. August 7, 2007 PAGE L__OF�q___ permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 72.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 73.The submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 74.The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 75.The applicant shall pay all Capital Improvement TIF, and Master Drainage Fees and Plan Check fees (LEMC 16.34). 76.The applicant shall pay fair share of the cost of constructing the median improvements on Collier Avenue, from Hunco Way to Central Avenue. The cost of median improvements shall be based on an Engineer's Estimate approved by the City Engineer. Note: A temporary median delineators on Collier Avenue shall be installed prior to occupancy. 77.All plans for signing and striping and traffic control devices on -site shall be approved. Prior to Occupancy 78.The applicant pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Planning Commission AGENDA ITEM �NO.�_ August 7, 2007 PAGES =O i�� 79.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 80.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 81.All water and sewer improvements shall be completed in accordance with Water District requirements. 82.The applicant shall provide proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 83. All TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. COMMUNITY SERVICES DEPARTMENT 88.The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 89.Developer shall participate in the City -wide Landscape and Lighting Maintenance District. 90.Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 91.The Developer is to maintain all common landscaped areas. RIVERSIDE COUNTY FIRE DEPARTMENT 92.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Planning Commission August 7, 2007 AGENDA ITEM No. 9 PAGE �� I ELSINORE VALLEY MUNICIPAL WATER DISTRICT 93.The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water District Planning Commission AGENDA ITEM NO. 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'�' L� 1111 Il,i,. :I� lIi III I lal „I,.dB�sl:o:I,�� � h i� ti \� .. 1 � • • .� ACCCCEC�r�CC y"'"I'o( � • • 4 yl uy�,i i,jjL,ypRl� 111 • _.�: 1 1 1 li l a 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 7, 2007 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-139 COMMERCIAL DESIGN REVIEW NO. 2006-10 "LAKE ELSINORE RV RESORT" APPLICANT: WESTSTAR COMMUNITIES INC. (ATTN: FRED RICE) P.O. BOX 1749, SANTA YNEZ, CA 93460 OWNER: CITY OF LAKE ELSINORE PROJECT REQUEST The applicant is requesting a land use consistency determination for recreational vehicle parks and campgrounds as a conditional use within the Commercial Park (C -P) zoning district, as well as Conditional Use Permit and Commercial Design Review consideration for the remodeling and renovation of the existing City owned recreational vehicle park and campground. Improvements will include a lobby /reception building, recreation building, clubhouse, maintenance building, three restroom/laundry structures, tennis courts, putting green, three - hundred and seven (307) recreational vehicle campsites, a one - hundred (100) space RV/boat storage yard and associated park entry, landscaping and street frontage improvements. The 85.9 acre site has a zoning designation of Commercial Park (C -P) and Recreation (R) respectively. Review is pursuant to Chapter 17.52 (Commercial Park District), Chapter 17.36 (Recreation District), Chapter 17.38 (Non - Residential Development Standards), Chapter 17.66 (Parking), Chapter 17.74 (Conditional Use Permit) and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. AGENDA ITEM /_ PAGE OF / G PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 PROJECT LOCATION The project site is located on the south side of Riverside Drive (State Hwy 74) at its intersection with Lincoln Street, Assessor Parcel Numbers 379 - 120 - 007,008 & 379- 100 -002, 015 within Redevelopment Project Area No. 2, Area A. ENVIRONMENTAL SETTING BACKGROUND The subject property has a split zoning designation of Commercial Park (C -P) along the Riverside Drive frontage and Recreational (R) further south towards Lake Elsinore. Lake Elsinore Municipal Code Section 17.36.030 allows campgrounds as a conditional use in the Recreational zone. However, campgrounds are not listed as either a permitted or conditional use in the Commercial Park zone. Section 17.52.030.P of the Municipal Code allows the Planning Commission to allow other permitted and conditional uses within the Commercial Park zone that it finds to be in accordance with the purpose of the zoning district and having characteristics similar to the permitted and conditional uses currently allowed in the district. AGENDA ITEM _)_CL PAGE a OF ( 9 EXISTING LAND USE ZONING GENERAL PLAN Project Former Recreational Commercial Park Site Vehicle Park (C -P) & Specific Plan (SP -I) Recreational R North Mobile Home Park Commercial Park Specific Plan (SP -I) (C -P) & Recreational R South Vacant Commercial Park Specific Plan (SP -1) (C -P) & Recreational R East Lake Elsinore Recreational R Lake LKE West Commercial/Vacant Commercial Park General (C -P) & General Commercial (C -2) Commercial (C -2) BACKGROUND The subject property has a split zoning designation of Commercial Park (C -P) along the Riverside Drive frontage and Recreational (R) further south towards Lake Elsinore. Lake Elsinore Municipal Code Section 17.36.030 allows campgrounds as a conditional use in the Recreational zone. However, campgrounds are not listed as either a permitted or conditional use in the Commercial Park zone. Section 17.52.030.P of the Municipal Code allows the Planning Commission to allow other permitted and conditional uses within the Commercial Park zone that it finds to be in accordance with the purpose of the zoning district and having characteristics similar to the permitted and conditional uses currently allowed in the district. AGENDA ITEM _)_CL PAGE a OF ( 9 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 The purpose of the Commercial Park zone is to "reserve appropriate locations to accommodate the needs of tourists and recreational enthusiasts while protecting such locations from intrusion by incompatible uses." Many of the proposed uses within the recreational vehicle park are already allowed in the Commercial Park zone as either a permitted or conditional use such as tennis courts, miniature golf, etc. Moreover, the City has operated a recreational vehicle park on this site for many years in the past without creating any significant incompatibility issues with surrounding properties. Finally, staff believes the characteristics of the proposed use serve to directly promote the purpose of the Commercial Park zone by directly accommodating the needs of tourists and recreational enthusiasts alike. Therefore, staff recommends that the Commission allow recreational vehicle parks as a conditionally permitted use within the Commercial Park zoning district. PROJECT DESCRIPTION The applicants are proposing to remodel and establish a five -star rated recreational vehicle park on the subject property. The former park, which is located on City owned property, has been inoperable for a long period of rime. The applicants have entered into a fifty-five (55) year lease with the City to operate the facility. The park will operate every day of the year, twenty-four hours a day. The gated facility will have staff and security officials onsite at all times. Paid access will also be provided through the park to the City owned and operated future boat launch and adjacent wading beach. The park renovations will occur in two (2) phases. The large majority of the improvements will occur in phase one (1) which are addressed under these entitlements. An existing abandoned house located within phase one (1), which has local historical significance, will remain in its current location but is not planned for renovation. The long term future of the residence has not yet been decided. Phase two (2) improvements will include approximately one - hundred and twenty (120) additional recreational vehicle camp sites, one - hundred and fifty (150) tent sites, an additional clubhouse, swimming pool and portable restroom. The applicants have also agreed to provide compensation for and construct a City Lake Department office building for the City prior to completion of all phase two (2) improvements. The phase two (2) improvements are not included under these permits and will be brought before the Planning Commission under separate permit within the next few months. AGENDA ITEM ( 0 /_ PAGE > OF 0 PLANNING COMMISSION STAFF REPORT AUGUST 79 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 Siting /Circulation The project site will take access off of the Riverside Drive property frontage. The existing driveway into the facility will be eliminated and shifted approximately two - hundred and fifty feet (250') to the south so as to align with the existing signal at Lincoln Street. The new driveway will create three (3) designated lanes to exit the facility (left turns, right turns and a through lane across Riverside Drive to Lincoln Street). A dedicated right -turn lane off of Riverside Drive will also be created. All roads within the park will be a minimum of twenty-five feet (25') in width. Moreover, all the roads will be paved with the exception of one road along the lake frontage which will be constructed of decomposed granite due to potential lake water inundation during high water periods. No parking will be permitted along any of the roadways within the park. Onsite Parking A total of eight - hundred and four (804) parking spaces will be provided within the park facility. Five - hundred and seventy-six (576) spaces will be located within the recreational vehicle park campsites (in addition to spaces provided for recreational vehicles) and one - hundred and twenty-eight spaces (128) will be located within small parking areas distributed throughout the park. Finally, a one - hundred (100) space boat/RV storage lot will be established along the Riverside Drive frontage (see parking matrix below). The number of vehicles entering the park will be highly regulated at the front entry gate with a parking pass and fee. Guests with extra vehicles will be required to park in assigned guest parking spaces. AGENDA ITEM 1 PAGE 4 OF &9 - - .. l'••". 8f Jr''*D on MM Ai 1�f'at'4'T�vra' -'. '�w,'aN� _ yPar;_lnn tS aces, Provided _ _ Within Recreational Vehicle Campsites 576 Within Small Parking Areas 128 Within Boat/RV Storage Lot 100 TOTAL 804 The number of vehicles entering the park will be highly regulated at the front entry gate with a parking pass and fee. Guests with extra vehicles will be required to park in assigned guest parking spaces. AGENDA ITEM 1 PAGE 4 OF &9 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 Boat Storage Lot A One - Hundred (100) space boat/recreational vehicle storage lot is proposed at the center of the park adjacent to the main entrance. Spaces will be rented out both weekly and monthly and will accommodate up to a forty-five (45') long recreational vehicle or the maximum size boat that is allowed on Lake Elsinore. Overflow vehicle parking can also be achieved within unused spaces during peak park usage periods. Proposed Buildings /Structures The overall architectural style of the buildings and structures within the park will be Craftsman serving to create an overall theme within the park. Building improvements will include the following: Lobby /Reception Building A 2,282 square -foot, single -story building consisting of check- in/out counter, welcome lobby, administrative offices and restrooms. Recreation Building A 7,678 square -foot, single -story building consisting of multi- purpose recreation room, workout room, library, computer room, card room, mini -mart and restroom facilities. Clubhouse A 2,244 square -foot, single -story building consisting of a recreation room, kitchen, showers and restrooms. Maintenance Building A 1,200 square -foot, single -story building consisting of storage space for park maintenance equipment. AGENDA ITEM I/C) PAGE 5 OF i `l PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 Restroom /Laundry Structures Three (3) separate restroom/laundry structures consisting of approximately 2,000 square feet each to include men's and women's restroom and shower facilities and laundry machines. Gatehouse An approximately 160 square foot guard house to be located at main entry gate into the park. Colors and Materials The applicant is proposing three (3) different colors on the various buildings within the park. The Craftsman architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme and proposed decorative stone veneer, wood siding and roofing materials. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. Entry Monumentation. Walls & Fences A cascading water fall will be provided on each side of the main entry drive at its intersection with Riverside Drive along with decorative boulders, accent trees and shrubs and a stone veneer monumentation wall with identification signage. Decorative paving treatments are also proposed at various locations along the main entry drive leading to the gatehouse. A six -foot tall solid masonry wall with decorative columns thirty-two feet (32') on center will be erected along the entire Riverside Drive property frontage. Other wood and wrought iron fencing will be utilized in various locations throughout the park as necessary. The project has been conditioned to require the installation of a chain link fence along the northern property line, as necessary, to replace existing fencing in poor condition along with shrubs and vines as needed to fully screen the adjacent mobile home park to the north. AGENDA ITEM 1 /G PAGE (0 OF (V9 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-139 COMMERCIAL DESIGN REVIEW NO. 2006-10 Landscaping The applicants have taken great lengths to work around existing trees in terms of campsite, street and building placement. Approximately six - hundred trees currently exist within phase 1. Two - hundred (200) trees must be removed due to roadway and building placement or poor heath. The applicant is proposing to plant approximately eleven - hundred (1,100) trees onsite resulting in approximately fifteen - hundred (1,500) trees within phase 1. Numerous trees and foundation plantings will be planted around the perimeter of the new buildings and structures onsite serving to accent and soften building elevations. Fourteen (14) separate varieties of trees are proposed including, but not limited to Western Redbud, Canary Island Pine, Coast Live Oak and African Sumac. All tree container sizes will be a minimum of 24 -inch box. Staff has conditioned the project to ensure that larger tree container sizes (36 -inch & 48 -inch box) are utilized around the main facilities within the park to achieve faster tree maturity and shading. Large Queen Palm trees are proposed adjacent to the water falls on each side of the main entrance drive along with numerous accent shrubs including African Iris, Photinia, Viburnum and New Zeland Flax resulting in a formalized appearance. A uniform row of Queen Palms (planted thirty-feet on center) and accent shrubs will also be placed outside of the perimeter wall to the east and west of the main entry drive along the Riverside Drive frontage. In order to achieve sufficient screening of the proposed RV storage lot, staff has conditioned the project for the placement of a row of evergreen trees behind the perimeter wall along the Riverside Drive frontage from the main entry drive west to the terminus of the storage lot. Onsite Lighting Street, parking lot, pedestrian and wall mounted lighting will all be utilized at various locations throughout the park so as to ensure sufficient illumination for safety and security purposes. All the light fixtures utilized will have an arts and crafts design which compliments the Craftsman style buildings throughout the park facility. AGENDA ITEM C PAGE -7 OF ( Ct PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 Park Siege The applicant intends to draft a comprehensive sign program for the entire recreational vehicle park and submit the document to the City for review and approval prior to issuance of building permits. This has been made a condition of approval. The sign program will address such issues as entry signage, directional signage and wall mounted signage and will serve to create a uniform and themed sign package that will compliment and enhance the entire facility. Subsequently, the signage will be approved under separate permit. ANALYSIS Siting /Circulation The proposed site plan meets all applicable development standards and criteria outlined in both the Commercial Park (C -P) and Recreational (R) zoning districts in terms of setbacks, lot coverage and building heights. Moreover the project complies with the Non — Residential development standards outlined in Chapter 17.38 of the Lake Elsinore Municipal Code including lighting, landscaping and design. Circulation and Parking The circulation and parking space layout meets the requirements set forth in Lake Elsinore Municipal Code Chapter 17.66 (Parking Requirements). While the Municipal Code does not list a specific number of parking spaces required for recreational vehicle parks, staff consulted several municipalities regarding onsite parking requirements for recreational vehicle parks and found that one (1) automobile parking space per RV space was the overall standard. A total of eight - hundred and four (804) parking spaces will be provided onsite which far exceeds the minimum recommendation. Therefore, staff believes the proposed number of onsite parking spaces is sufficient for the facility to operate efficiently. Architecture The architectural design and elements utilized for the various buildings and structures throughout the park are consistent with the Architectural Design Guidelines listed in AGENDA ITEM PAGE `� OF (0 q PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 the Community Design Element of the City General Plan. Additionally, the architecture has been designed to achieve harmony and compatibility with surrounding commercial, office, residential and industrial buildings in the vicinity of the project site. The applicant has chosen a Craftsman architectural style for all buildings onsite to achieve an overall theme for the park. Correspondingly, a variety of building design features and forms will be accomplished by employing treatments, such as articulated planes along the exterior walls, various window shapes, stone veneer, ornamental elements and a variety of rooflines which will create depth and shadow. Landscapes The landscape design for the project site complies with the requirements set forth within Lake Elsinore Municipal Code Sections 17.52.090 and 17.66.100. The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations. Moreover the landscaping improvements provide shade and privacy elements between campsites throughout the park grounds. In addition, proposed perimeter plantings and monumentation will serve to enhance the aesthetic experience as motorists and pedestrians pass along the Riverside Drive frontage. Colors and Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan because the colors and materials produce diversity and enhance the proposed Craftsman architectural effects. Additionally, the earth tone colors and materials proposed will assist in blending the architecture into the existing landscape. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1, Existing Facilities and Section 15303, Class 3, New Construction of Small Structures. Therefore no additional environmental clearance is necessary. AGENDA ITEM l G PAGE 1 OF (t29 PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-13, COMMERCIAL DESIGN REVIEW NO. 2006-10 It is recommended that the Planning Commission adopt Resolution No. 2007 - recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan, Resolution No. 2007 -_ approving Conditional Use Permit No. 2006 -13 and Resolution No. 2007 -_ recommending City Council approval of Commercial Design Review No. 2006 -10. This recommendation is based upon the Findings, Exhibits "A" thru "O" and the proposed Conditions of Approval attached to this Staff Report. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL 5. NOTICE OF EXEMPTION 6. EXHIBITS • REDUCTIONS (8' /z x 11) Exhibit A Site Plan Exhibit B Lobby Floor Plan Exhibit C Lobby Elevations Exhibit D Recreational Building Floor Plan Exhibit E Recreational Building Elevations Exhibit F Clubhouse Floor Plan Exhibit G Clubhouse Elevations AGENDA ITEM ( 0 PAGE L OF-Lt PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-139 COMMERCIAL DESIGN REVIEW NO. 2006-10 Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Restroom Floor Plan Restroom Elevations Gatehouse Floor Plan Gatehouse Elevations Laundry Floor Plan Laundry Elevations Grading and Drainage Plan Preliminary Landscaping Plan ■ FULL SIZE PLAN SET AGENDA ITEM to PAGE � OF 6�lcf VICINITY MAP CONDITIONAL USE PERMIT 2006 -13 COMMERCIAL DESIGN REVIEW C 2006 -10 c O F R Q— PROJECT SITE PLANNING COMMISSION AGENDA IT£PJf N0. to PAGE I D- OF 1l�l s s� n � ni Ya i.x •, / l PROJECT SITE PLANNING COMMISSION AGENDA IT£PJf N0. to PAGE I D- OF RESOLUTION NO.2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE LAKE ELSINORE RV RESORT PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Fred Rice of Weststar Communities has submitted applications for Conditional Use Permit No. 2006 -13 and Commercial Design Review No.2006 -10 (the "Applications" or the "Project "), to entitle Property located on the south side of Riverside Drive at its intersection with Lincoln Street (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Applications are discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the' MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary entitlements with the MSHCP; and WHEREAS, public notice of the Applications has been given, and the Planning Commission has considered evidence presented by the Community AGENDA ITEM h0. PAGE L3 OF (p q PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 5 Development Department and other interested parties at a public hearing held with respect to this item on August 7, 2007. NOW, THEREFORE, THE PLANNING COMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Applications and their consistency with the MSHCP prior to making a recommendation that the City Council find the Applications consistent with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The Property is within the MSHCP Elsinore Area Plan, but is not located in a Criteria Cell, Core or Linkage. Therefore, a formal LEAP application was not required by the City. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. AGENDA ITEr NO. PAGE 14 OF �9 PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 5 The Project involves the rehabilitation of an existing campground facility, and no impacts to riparian /riverine areas or vernal pools are expected. Further, there will be no additional development in areas considered as jurisdictional under the U.S. Army Corps of Engineers or California Department of Fish and Game. As such, the Project is consistent with Section 6.1.2 of the MSHCP, and no further action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project entails the rehabilitation of an existing facility and is not located within the NEPSSA as shown on Figure 6 -1 of the MSHCP. Therefore the Project is compliant with MSHCP Section 6.1.3. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. To minimize Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area. The Property is located adjacent to the lake and is considered to be Public /Quasi - Public land under the MSHCP. The Project will be conditioned to prevent additional impacts to water quality, related to toxins, lighting, noise, and invasive species. Therefore, the project is consistent with Section 6.1.4 of the MSHCP and no further action is required. 6. The Project is consistent with the Vegetation Mapping requirements. No circumstances for which vegetation is required are applicable to the Project. The Project is consistent with MSHCP Section 6.3.1. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Property is outside of any Criteria Area Species Survey Area for plants, amphibians and mammals, and no Criteria Area Species Survey Area plant species were observed during site surveys. The Property occurs within the AGENDA ITEM NO U PAGE _�5OF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 5 burrowing owl survey area. No owls were observed during surveys onsite. Therefore, the Project is consistent with MSHCP Section 6.3.2. 8. The Project is consistent with the Fuels Management Guidelines. As discussed above, the existing campground is located adjacent to the lake. Because the site is an existing campground facility, and there is no brush or other vegetation subject to fuels management, any further action related to Section 6.4 is not applicable to the Project. 9. The Project will not be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The applicant will be conditioned to pay the City's MSHCP Local Development Mitigation Fees since the project is an existing campground use... 10.The proposed project overall is consistent with the MSHCP. For the reasons stated above, the Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon each of the Lake Elsinore RV Resort Applications, the Planning Commission hereby recommends that the City Council find the Applications consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this seventh day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz, Director of Community Development AGENDA ITEM NO. l0 PAGE 1-7 OF J�q RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING A LAND USE CONSISTENCY DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2006-13 WHEREAS, Fred Rice of Weststar Communities Inc. filed an application with the City of Lake Elsinore requesting a land use consistency determination to allow recreational vehicle parks and campgrounds as a conditional use in the Commercial Park (C -P) zoning district and approval of Conditional Use Permit No. 2006 -13, for the establishment of a three - hundred seven space recreational vehicle park with associated amenities (the "Property"); and WHEREAS, the subject property is located on the south side of Riverside Drive at its intersection with Lincoln Street (APN 379 - 120 - 007,008 & 379 -100- 002,015) (the "Property"); 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 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2006 -13 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 .AGENDA ITEM N0. I0 PAGE 12) _Of PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 5 (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 1 and Class 3 categorical exemption. A Class 1 categorical exemption (CEQA Guidelines Section 15301) may be applied to those projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Here, the Project involves the repair and minor alteration of the Lake Elsinore campground. Repair and minor alteration of the campground will involve a negligible expansion of an existing use. It is understood that the boat launch facility and vacant parcel to the west of the Property are not part of the Project. The existing facilities on the Property have been and will continue to be compatible with existing and adjacent uses. The purpose of the Project is to restore and rehabilitate the deteriorating structures and mechanical equipment to meet current standards of public health and safety. Additions to existing structures are contemplated but do not exceed 10,000 square feet. The project is in an area where all public services and facilities are available, and the area is not environmentally sensitive. Once asbestos and lead inspections are completed, demolition of the existing structures can occur. A Class 3 categorical exemption (CEQA Guidelines 15303) is applicable to projects involving the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. As mentioned above, the Project involves the construction of limited numbers of new, small facilities or structures, not to exceed four such commercial buildings, and not to exceed 10,000 square feet in floor area. To the extent that this activity is not covered by a Class 1 exemption, it is covered by a Class 3 exemption. In addition to the reconstruction of existing facilities, the project may also include accessory structures including patios, swimming pools, fences, and/or maintenance sheds. All structures to be built are above the U.S. Army Corps of Engineers jurisdictional water elevation of 1,260' MSL. There will also be no fill material below the 100 -year flood plain elevation of 1,263.3' MSL. There will be no • AGENDA 17EM NU. PACE�DF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 5 additional traffic impacts resulting from construction or operations of the new small facilities or structures. There is one potentially historic building located within the Project's boundaries. Currently, the City is working with the Lake Elsinore Historical Society to determine the cultural significance of this building. Until an agreement is reached, this building will be fenced and avoided during all future construction and operational activities. Furthermore, the Project does not meet any of the exceptions pursuant to Section 15300.2 which provides several additional exceptions to the use of categorical exemptions. The project will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Landscaping with native plants will be required as part of the proposed project, where appropriate. 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 2006 -13: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the 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 AGENDA ITEM NO. 10 PAGE_1�2_OF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 5 ingress and egress and control of potential nuisance. The Project will not result in any negative impacts to the general health, safety, comfort, or 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 proposed recreational vehicle park use has been designed in consideration of the size and shape of the Property, 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 recreational vehicle park 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 and truck. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use 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. AGEI'v�Alin't' §iVQ. (U PACE a--I OF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 5 OF 5 Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the Project has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on August 7, 2007. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2006 -13. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM N0. U PAGE�� -- RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-10 WHEREAS, Fred Rice of Weststar Communities Inc. filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006 -10 for the design, remodel and construction of a three- hundred seven space recreational vehicle park with related improvements (the "Project') located on the south side of Riverside Drive at its intersection with Lincoln Street (APNs: 379 - 120 - 007, 008 & 379 - 100 -002, 015); 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 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parries 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 (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 1 and Class 3 categorical exemption. A Class 1 categorical exemption (CEQA Guidelines Section 15301) may be applied to those projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private AGENDA ITEM N0. l PAGE 9 3 0 PLANNING COMMISSION RESOLUTION NO. 2007 —_ PAGE 2 OF 5 structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Here, the Project involves the repair and minor alteration of the Lake Elsinore campground. Repair and minor alteration of the campground will involve a negligible expansion of an existing use. It is understood that the boat launch facility and vacant parcel to the west of the Property are not part of the Project. The existing facilities on the Property have been and will continue to be compatible with existing and adjacent uses. The purpose of the Project is to restore and rehabilitate the deteriorating structures and mechanical equipment to meet current standards of public health and safety. Additions to existing structures are contemplated but do not exceed 10,000 square feet. The project is in an area where all public services and facilities are available, and the area is not environmentally sensitive. Once asbestos and lead inspections are completed, demolition of the existing structures can occur. A Class 3 categorical exemption (CEQA Guidelines 15303) is applicable to projects involving the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. As mentioned above, the Project involves the construction of limited numbers of new, small facilities or structures, not to exceed four such commercial buildings, and not to exceed 10,000 square feet in floor area. To the extent that this activity is not covered by a Class 1 exemption, it is covered by a Class 3 exemption. In addition to the reconstruction of existing facilities, the project may also include accessory structures including patios, swimming pools, fences, and/or maintenance sheds. All structures to be built are above the U.S. Army Corps of Engineers jurisdictional water elevation of 1,260' MSL. There will also be no fill material below the 100 -year flood plain elevation of 1,263.3' MSL. There will be no additional traffic impacts resulting from construction or operations of the new small facilities or structures. There is one potentially historic building located within the Project's boundaries. Currently, the City is working with the Lake Elsinore Historical Society to determine the cultural significance of this building. Until an agreement is reached, AGENDA ITEM NO. PAGE -2-'J_OF �2 PLANNING COMMISSION RESOLUTION NO. 2007 — PAGE 3 OF 5 this building will be fenced and avoided during all future construction and operational activities. Furthermore, the Project does not meet any of the exceptions pursuant to Section 15300.2 which provides several additional exceptions to the use of categorical exemptions. The project will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Landscaping with native plants will be required as part of the proposed project, where appropriate. 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 2006 -10: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base and recreational opportunities for community residents and tourists alike. 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 recreational vehicle park has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the facility. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of a uniform architectural design theme within the facility that compliments surrounding design AGENDA ITEM No. (C) FACE_��___OF —Y�L_ PLANNING COMMISSION RESOLUTION NO. 2007 — PAGE 4 OF 5 improvements. A variety of materials and colors are proposed including architectural stone accents, wood siding and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality as well as supporting the Craftsman Architectural Design. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the proposed recreational vehicle park compliments existing development in the area, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project is categorically exempt from CEQA provisions and 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 7, 2007. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommend that the City Council approve Commercial Design Review 2006 -10. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO PAGE �( _Of q PLANNING COMMISSION RESOLUTION NO. 2007 — PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO.-J2_ PAGE OF-69 PLANNING DEPARTMENT General Conditions: 1. The Applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, Conditional Use Permit No. 2006 -13, and/or Commercial Design Review No. 2006 -10 and any related determinations. 2. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. The Applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $64.00 to enable the City to file the Notice of Exemption. Said filing fee shall be provided to the City within 48 hours of project approval. 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 AGENDA ITEM 140. d PAGE �'�') OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 2 OF 16 Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Lake Elsinore Municipal Code Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 7. The Applicant shall comply with the City's Noise Ordinance. Notwithstanding the hours of operation permitted in the Lake Elsinore Municipal Code, construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 8. The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or Designee. 9. The Applicant shall comply with all applicable City codes and ordinances. Conditional Use Permit No. 2006 -13: 10. The Conditional Use Permit shall comply with all applicable requirements of the Title 17 of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval. 11. 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. 12. Exterior security lighting around the perimeter of the recreational vehicle park shall be shielded and directed on -site so as not to create glare onto neighboring properties. All proposed exterior light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee. AGENDA ITEM N0.I- pAGE�L0FYa2_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 3 OF 16 13. Necessary traffic circulation signage shall be erected onsite. Signage shall be reviewed by the Community Development Director or Designee. 14. All security measures associated with the operation of the recreational vehicle park shall be reviewed and approved by the Riverside County Sheriff's Department. Approved measures shall be followed and adhered to at all times. Commercial Design Review No. 2006 -10: 15. Approval for Commercial Design Review No. 2006 -10 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 16. Unless specifically provided otherwise in these conditions, any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be applied for in accordance with the provisions of Section 17.82.120. 17. 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 satisfied. 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 19. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 20. 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. Any material covering the roof equipment shall match the primary wall color. ACENDAIfiEM N0.__j,__-_-- PAGE_�_..OF Lq CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 4 OF 16 21. Prior to issuance of building permits, the Applicant shall draft and submit a sign program for the park facility for Planning Commission review and approval. The sign program shall address all wall mounted and free standing signs within the facility including directional signage. All freestanding and wall mounted signage proposed onsite shall subsequently comply with the currently approved "Lake Elsinore Recreational Vehicle Park Sign Program" document. 22. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 23. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 24. No exterior roof ladders shall be permitted. 25. All exterior downspouts shall be concealed within the buildings. 26. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee. The colors and materials include the following: Roofing: Elk — Prestique Grande `Barkwood" Siding: Hardi Plank 8 -Inch Lapboard Ro Saw Cement Board Stone Veneer: Coronado Stone — River Rock "Coastal' Entry Fountains: Coronado Stone — Natural Ledgestone "Cedar" Facia: Sherwin Williams — "Transval Beige ", #F082 Gable End Shingles: Sherwin Williams — "Beige ", #F086 Trim & Trellis: Sherwin Williams — "Birch Beige, #F083 AGENDA ITEM NO.-I C)-7�- PAGE � I OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 5 OF 16 Window/Door Trim: Sherwin Williams "Whisper Pearl ", #G39 27. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 28. On -site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit: 29. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that minimum foot candle illumination is achieved throughout the park facility. 30. 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 Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and ground cover coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c. Plantings within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). d. Any ground mounted transformers and mechanical or electrical equipment shall be indicated on the Landscape Plan and shall be screened. AGENDA ITEM N0._________- pA __OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 6 OF 16 e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans shall include planting and irrigation details. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy. The bond shall cover ten percent (10 %) of the total cost of landscaping improvements onsite. Release of the bond shall be requested by the Applicant at the end of the required one year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee. 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. 1. In order to achieve additional screening, the landscape plan shall be revised to show a row of 24 -inch box size evergreen trees planted 25 -feet on center across the entire length of the proposed recreational vehicle/boat storage yard behind the perimeter wall along the Riverside Drive frontage. The specific type of tree utilized shall be reviewed and approved by the City Landscape Architect Consultant. .AGENDA ITEM NO 0 � PAGE OP CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 7 OF 16 m. In order to achieve further screening, the landscape plan shall be revised to show additional shrubs and vines along the fence line on the entire length of the northern property line. The specific types of shrubs and vines, amounts and planting locations shall all be reviewed and approved by the City's Landscape Architect Consultant. n. In order to achieve immediate shade and maturity, the landscape plan shall be revised to show the planting of larger trees (36 -inch and 48 -inch box size) around the main facilities within the park. The specific type of trees, numbers and planting location shall be reviewed and approved by the City's Landscape Architect Consultant. 31. An Acoustical Analysis shall be prepared to identify necessary noise attenuation methods along the Riverside Drive property frontage. The conclusions of the analysis and recommended attenuation methods shall be reviewed and approved by the Director of Community Development. In addition, necessary improvements and details shall be shown on both site and landscaping plans. 32. Prior to issuance of building assurance that all required fees District have been paid. permits, the Applicant shall provide to the Lake Elsinore Unified School 33. Prior to issuance of building permits, the Applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been satisfied. ENGINEERING DEPARTMENT General Requirements: 34. A grading plan signed and stamped by a California 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 ACE NDAITEM NO 6 PAGE-3�LOF _ fin s R __ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 8 OF 16 drainage and flow pattern inspection can be conducted before grading begins. 35. Prior to commencement of grading operations, Applicant shall provide to the City 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. 36. All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 37. A Phasing Plan shall be submitted to and approved by the City Engineer. 38. An Encroachment Permit shall be obtained prior to any work on City or Caltrans right -of -way. 39. 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. Overhead utilities shall be undergrounded. 40. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements for any work within Caltrans right -of -way (SR74). 41. Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way. 42. The Applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 43. The Applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 44. Provide fire protection facilities as required in writing by Riverside County Fire. 45. The Applicant shall incorporate bus bays in the street design unless not required by RTA. AGENDA ITEM No PAGE _Of (0 9 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 9 OF 16 46. Applicant shall pay TUMF & TIF fees for all additional recreational vehicle campsites added above and beyond what currently exists on the project site. 47. 10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 48. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 49. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 50. Slope maintenance along right -of -ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 51. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The Applicant is encouraged to contract with CR &R Inc. for recycling and storage container services, but the Applicant may use the services of another recycling vendor if the Applicant so chooses. Recycling vendors (other 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 recycling services and the recycling material is either sold or donated to another vendor, the Applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 52. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. AGENDA ITEM No.0 — PAGE�� W '1--"'_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 10 OF 16 53. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 55. Applicant shall comply with all NPDES requirements including the submittal of Water Quality Management Plan (WQMP) as required by the Santa Ana Regional Water Quality Control Board. 56. Education guidelines and Best Management Practices (BMPs) 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 storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 57. Applicant shall provide BMPs that will reduce storm water pollutants from parking areas and driveway aisles. 58. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rn ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm Water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, the storm drain system, or waterways - without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law. 59. The Applicant shall modify the traffic signal at State Route 74 (Riverside Drive) and Lincoln Avenue. A deceleration lane on State Route 74 at Lincoln Avenue shall be provided. AGENDA MM N0. iU PAGE =_oF�— CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 11 OF 16 60. Interior streets shall be privately maintained unless another maintenance mechanism is approved by the City. 61. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 62. Applicant shall submit signing and striping plans and traffic control plans for the required street improvements for the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the project. 63. A California Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (I.EMC 12.04 and 16.34). Prior to Issuance of a Grading Permit 64. The Applicant shall submit grading plans with appropriate security and Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer, for review and approval by the City Engineer. The Applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 65. A portion of the project is in the floodplain. The City's Floodplain Management requirements must be satisfied. 66. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 67. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 68. The Applicant shall provide soils, geology and seismic report including street design recommendations. A final soils report shall be submitted showing compliance with recommendations. AGENDA ITEM NO. I U PAGE v F CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 12 OF 16 69. If determined necessary, an Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 70. The Applicant shall obtain all necessary off -site easements and/or permits for off -site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 71. The Applicant shall provide erosion control measures as part of their grading plan. The Applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72. The Applicant shall provide the City with proof of filing 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 for the development including maintenance responsibilities. The Applicant shall submit the SWPPP to the City for review and approval. 73. The Applicant shall provide to the City a copy of an approved WQMP for the Project. Prior to Issuance of Building Permit 74. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to issuance of a building permit. 75 The Applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency staring that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The Applicant shall submit this letter to the City prior to applying for a building permit. 1� AGENPAM 3� 2_0F ( 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 13 OF 16 76. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. Prior to Occupancy 77. The Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 78. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 79. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 80. All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the project. 81. Water and sewer improvements shall be completed in accordance with Water District requirements. 82. The traffic signal modification at SR74 and Lincoln Avenue shall be completed. 83. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right -of- way. 84. The Applicant shall submit as -built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be AGENDA ITEM N0. �d PAGE_OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006 -13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 14 OF 16 determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SERVICES DEPARTMENT 85. Developer shall comply with all applicable Community Service Department requirements and shall pay all applicable Department fees. RIVERSIDE COUNTY FIRE DEPARTMENT 86. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. LAKE AND AQUATIC RESOURCES DEPARTMENT 87. The Applicant shall be solely responsible for ensuring compatibility and conformance of the proposed LERA Campground Rehabilitation Project with the City's existing Plans and Specifications for the Boat Launch Facility Rehabilitation Project, which includes project boundaries, drainage, electrical, water and sewer. 88. Applicant shall delete all references to "State" Campground on plan drawings and insert "City of Lake Elsinore" in all documents. 89. All concrete RV pads with hook -ups shall be raised to a minimum elevation of 1,255' above mean sea level. 90. Details shall be provided on the construction drawings showing how all utilities at RV sites shall be protected from 100 -year flood event (1,263.3'MSL). 91. Applicant shall remove and transplant all "significant" palm trees onsite listed under the City's Palm Tree Preservation Ordinance. This includes all the California Fan Palm Trees along Riverside Drive. 92. Applicant shall comply with palm tree removal checklist (below): AGENDA ITEM NO. U PAGE Y/ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 15 OF 16 a. Identify if tree is a "Significant Palm." If it is, proceed with Permit Application. b. Obtain notarized written permission from land owner. c. Show location of all significant palms proposed to be removed or relocated on a plan or map survey with a certified engineers /surveyor's report identifying: The property by street address and assessor's parcel number. The centerline of the street. The monuments establishing the property line. The distance between each significant palm and the property line. Identify each significant palm by species and approximate, height and spread. Photographs of significant palms to be removed or relocated. Identify the proposed manner of removal, the proposed equipment to be utilized for removal and the planned truck/equipment route. Identify the species, number, and size of any proposed replacement palm trees. Describe the health of any significant palm declared diseased or dying and identify variety. If a significant palm is proposed to be relocated to another location on the same property or within the City, then the relocation site shall be identified and site preparation and relocation methods described. 93. Have the issued City permit available for review on site during activity operations. AGENDA ITEM NO.— c OF () PAGE (4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-13 & COMMERICAL DESIGN REVIEW NO. 2006-10 PAGE 16 OF 16 94. Post a sign as prescribed by the City on each significant palm to be removed or relocated not less then seven (7) days prior to such removal /relocation. AGENDA ITEM NO. U PAGE '-I OF C% City of Lake Elsinore Notice of Exemption Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674 -3124 (909) 471 -1419 fax Filed With: ❑ Office of Planning and Research O County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Tide: Lake Elsinore RV Resort (APN: 379 - 120 - 007,008 &379 -100- 002,015). Project Location (Specific): The proposed project is located on the south side of Riverside Drive at its intersection with Lincoln Street. Project Location (Qty): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is requesting a land use consistency determination for recreational vehicle parks and campgrounds as a conditional use within the Commercial Park (Q') zoning district, a conditional use permit and commercial design review for the remodeling and renovation of an existing City owned recreational vehicle park and campground on an 85.9 acre site. The proposed project has a General Plan designation of Specific Plan "I" and a Zoning designation of Q' (Commercial Park) & R (Recreation). Name of Public Agency Approving Project: Qty of Lake Elsinore Name of Person / Agency Administrating Project: Matt Harris, Senior Planner, Qty of Lake Elsinore Exempt Status: • Mmisterial (Section 15073) • Declared Emergency (Section 15071 (a)) • Emergency Project (Section 15071 (b) and (c)) • Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15301, Class 1 & Section 15303, Class 3 Existing Facilities & New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Sections 15301 & 15303 of the California Environmental Quality Act (C EQA). Contact Person: Matt Hams, Senior Planner Signed: Rolfe M. 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Site Plan LAKE ELSINORE STATE RECREATION AREA R.V. DESTINATION RESORTS AT LAKE ELSINORE AGENDA ITEM N0. BY: DESTINATION RESORTS, LLC. . ._ �� < �� r � +1 � � /� \ � t� � \ �/ ƒ \ }\ \ \ .� < � � / \� � < <: � �` � *\ � / \� . \� / � / <w- r « : ¥� �. � \: \ 2' � � x\� >« ENDA ITEM N0 PAGE %S OF--CO--1 i I !1]1� 11� p. i � Y �a LON,. W, CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: FROM: DATE: PROJECT TITLE APPLICANT: ,�1`.'I►1 a" PROJECT REQUEST CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AUGUST 7, 2007 CONDITIONAL USE PERMIT NO. 2007-07 & COMMERCIAL DESIGN REVIEW NO. 2006-17 RMI ARCHITECTS (ATTN: RICK MARRS) 8330 UNIVERSITY AVENUE, LA MESA, CA 91941 CALIFORNIA BUSINESS CONDOS, 1351 DISTRIBUTION WAY, SUITE 1, VISTA, CA 92081 The applicant is requesting a Conditional Use Permit and Commercial Design Review for the design, construction and operation of a 56,006 square -foot two -story single -user administrative office building and associated improvements. The applicant is also requesting to exceed the maximum building height requirements on a 5.5 acre vacant site within the Limited Manufacturing (M -1) zoning district. The property owner is intending to lease the building to the Riverside County Department of Public Social Services. Review is pursuant to Chapter 17.56 (Limited Manufacturing District); Chapter 17.40 (Commercial Office District); Chapter 17.38 (Non- Residential Development Standards); Chapter 17.66 (Parking Requirements); Chapter 17.82 (Design Review) and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located at 1400 Minthorn Street, Assessor Parcel Number 377 -160- 008, within Redevelopment Project Area No. 1. AGENDAITEM 1\ PAGE 1 OF SS PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-07j AND COMMERCIAL DESIGN REVIEW NO. 2006-17 ENVIRONMENTAL SETTING BACKGROUND The zoning for the site is M -1 (Limited Manufacturing District). While the purpose of the zoning district is to primarily allow for manufacturing uses, LEMC Section 17.56.030.D also allows for the development of administrative offices with a minimum floor area of 30,000 square feet for a single -user subject to a Conditional Use Permit. Additionally, the project must be developed in accordance with C -O Commercial Office District development standards. In addition, the applicant is',i requesting to exceed the maximum building height on portions of the building. Section 17.40.060 of the LEMC allows special architectural features to exceed the maximum building height subject to the acquisition of a Conditional Use Permit. Staff has worked successfully with the applicant since project submittalllto enhance the architecture of the building by incorporating a decorative slate veneer and much larger glass windows along the front building elevation. Moreover, side elevations were further articulated with the incorporation of four -foot (4') deep pop -outs approximately mid -way down the elevation. In addition, building rooflines were added and increased in height in order to achieve greater variation around the entire building. Lastly, the courtyard in front of the main building entrance was further enhanced with additional planters, lighting and landscaping creating a more formalized appearance. (See Attachment No. 5 for the original architectural proposal). I AGENDA ITEM I PAGE OF II EXISTING LAND USE ZONING GENERAL PLAN Project VacandExistingSingle- M -1 Limited Site Family Residence Manufacturing BP Business Park North Vacant M -1 Limited BP Business Park Manufacturing South Vacant M -1 Limited BP Business Park Manufacturing East Vacantl7ndustrial M -1 Limited BP Business Park Manufacturing West VacandSchool Office M -1 Limited BP Business Park Manufacturing BACKGROUND The zoning for the site is M -1 (Limited Manufacturing District). While the purpose of the zoning district is to primarily allow for manufacturing uses, LEMC Section 17.56.030.D also allows for the development of administrative offices with a minimum floor area of 30,000 square feet for a single -user subject to a Conditional Use Permit. Additionally, the project must be developed in accordance with C -O Commercial Office District development standards. In addition, the applicant is',i requesting to exceed the maximum building height on portions of the building. Section 17.40.060 of the LEMC allows special architectural features to exceed the maximum building height subject to the acquisition of a Conditional Use Permit. Staff has worked successfully with the applicant since project submittalllto enhance the architecture of the building by incorporating a decorative slate veneer and much larger glass windows along the front building elevation. Moreover, side elevations were further articulated with the incorporation of four -foot (4') deep pop -outs approximately mid -way down the elevation. In addition, building rooflines were added and increased in height in order to achieve greater variation around the entire building. Lastly, the courtyard in front of the main building entrance was further enhanced with additional planters, lighting and landscaping creating a more formalized appearance. (See Attachment No. 5 for the original architectural proposal). I AGENDA ITEM I PAGE OF II PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-07 AND COMMERCIAL DESIGN REVIEW NO. 2006-17 Staff received correspondence from the law firm of Fox, Johns, Lazar, Perkin & Wexler representing an adjacent property owner to the northeast (See Attachment No. 7). The property owner wishes to ensure that the future operators and users of the administrative office building are aware of their existing and ongoing operations and practices. PROJECT DESCRIPTION Siting The applicant is proposing to construct the 56,006 square -foi t, two -story administrative office building in the center of the project site. A seventy (70) space secured parking lot will be provided for business vehicles at the south side (rear) of the proposed building. Public parking will be provided on all four (4) sides of the building. An entry courtyard consisting of raised planters and decorative hardscape will be placed in front of the main building entrance for formality. The building will be setback from the Minthom Street right -of -way a minimum of ninety-feet (90') with landscaping and parking in between. Onsite Circulation Two (2) access points shall be provided into the project site. One off Minthom Street and one (1) off of Silver Street. Onsite parking areas are adequately served by two -way drive aisles around all four (4) sides of the building. At the request of the City traffic engineer, a future driveway access point has been designated which will be created upon development of the vacant property to the east. The proposed onsite trash enclosure has been centrally located for easy access along the western' property line. Silver Street The subject property is located at the southwest corner of Minthom Street and Silver Street. Silver Street is currently unimproved and terminates approximately Eight - Hundred (800) feet southwest of Minthom. The applicant will be proposing a vacation of Silver Street in order to achieve a driveway on the current right -of -way and to reduce property frontage improvement requirements at a later date. As'iit now stands, the project has been conditioned to address frontage improvements on both Silver and AGENDA ITEM PAGE OF_SS_ PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. COMMERCIAL DESIGN REVIEW NO. 2006-17 Minthorn Streets whether or not the vacation is ultimately approved. Architecture O The architectural style of the proposed office building is "Contemporary?' The building has been sufficiently articulated with offsets ranging from four to eight feet (4' -8') in depth along the front building elevation and four -feet (4') deep along the side elevations. The building's roofline has been broken up with several changes in parapet height. A variety of building materials have been utilized including decorative slate veneer, sandblasting and score lines to provide interest along the building elevations and the public right -of -way. Moreover, a higher window to wall ratio has been added along the front building elevation which creates a professional office appearance along the Minthorn Street frontage. Extension oiMaximum Building Height In order to further enhance both the interest and articulation of the proposed office building and its overall aesthetics, the applicant is requesting to exceed) the maximum building height on portions of the building. The overall height of the building does not exceed the thirty-five foot (35') maximum as required in the C -O zoning district. However, the applicant is requesting that the three (3) separate decorative architectural features located at the main building entrance and at the mid -point of side elevations be allowed to exceed the maximum building height. The feature at the main entrance exceeds the thirty-five foot (35') maximum by five -feet (5') and the features on each side exceed the maximum by one -foot (1'). Landscapes l The applicant is proposing to develop the site with 59,482 square feet of landscaping which constitutes thirty-one percent (31 %) of the site. A minimum of fifteen percent (15 %) of the site is required to be landscaped. The proposed tree palette includes the use of 42" -box size multi -trunk "Chinese Flame Trees" at both the driveway entrances and main entry courtyard, "Mexican Fan Palms" on both sides of the main building entrance for formality and balance and both "London Plan Trees" and "Eldarica Pine" within the parking area and along the Minthom Street frontage. Six (6) varieties of shrubs and seven (7) varieties of ground cover will be used as foundation plantings and AGENDA ITEM 1, PAGE 4 OIL III PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-0j AND COMMERCIAL DESIGN REVIEW NO. 2006-17 around the site perimeter. The plantings conform to the City's drought tolerant standards. Decorative pottery will also be utilized in various locations onsite. Enhanced paving has been provided at site entrances and between buildings. I Colors and Materials The applicant is proposing four (4) different colors on the building. The architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme and proposed decorative slate veneer and scored sandblasted surface combinations. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. The proposed green tinted storefront glass and brushed aluminum entrance canopy will further serve to compliment the building color scheme. ANALYSIS Siting The proposed site plan meets all applicable development standards and criteria outlined in the Commercial Office (C -O) zoning district and the Non — Residential development standards outlined in Chapter 17.38 of the LEMC including setbacks. In addition, the project does not exceed the Floor Area Ratio of .40 as specified in the City General Plan, Land Use Element. Circulation and Parking Space Layout The number of onsite parking spaces complies with the standards listed in Chapter 17.66 (Parking Requirements) of the LEMC. Staff has determined that a large surplus of parking spaces is being proposed onsite. Please see matrix below: AGENDA ITEM PAGES OF S-� )uildtn WafjgM . g r. g mow . i din red f _ota e ar. .... ace ` d g Sp ,. o-0viide... Office Building 56,006 S . Ft. 224 386 AGENDA ITEM PAGES OF S-� PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-07 AND COMMERCIAL DESIGN REVIEW NO. 2006-17 In addition, the circulation and parking space layout meets the requirements set forth in Chapter 17.66 (Parking Requirements) of the LEMC. Adequate turning radii have been provided for emergency vehicles, trash and delivery trucks which serve the site. The project has been conditioned to require a future reciprocal access agreement and driveway between the project site and the abutting property to the west if Silver Street is vacated. Architecture The Contemporary architectural design of the office building complies with the Architectural Design Guidelines listed in the Community Design Element of the City General Plan. Additionally, the architecture of the building has been designed to achieve harmony and compatibility with surrounding residential, commercial and office buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, slate veneer and a variety of rooflines which will create depth and shadow and achieve a professional office appearance. Extension of Building Height Staff believes the architectural and aesthetic benefits derived from the taller decorative features warrants their allowance. Proposed yard widths and landscape buffering will serve to eliminate any potential massing or scale impacts associated with the features. Therefore, the increased height of the features will not result in adverse effects on abutting properties or the permitted and normal use thereof. LandscaninQ The landscape design for the project site complies with the requirements set forth within. LEMC Sections 17.52.090 & 17.66.100. The proposed landscaping improvements. serve to enhance the building designs and soften portions of building elevations, provide shade and break -up expanses of pavement within the parking lot as well as compliment and buffer surrounding properties and associated land uses. AGENDA ITEM C1 PAGE 6 OF S t PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-07 AND COMMERCIAL DESIGN REVIEW NO. 2006-17 Colors and Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. ENVIRONMENTAL DETERMINATION Mitigated Negative Declaration No. 2007 -04 (MND) was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code, Section 21000 et. seq.); the State Guidelines for Implementation of CEQA as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000 et. Seq); applicable requirements of the City of Lake Elsinore; and the regulations, requirements and procedures of any other responsible public agency or agency with jurisdiction by law. A completed Initial Study revealed that the project may have potentially significant environmental impacts. Subsequently, it was determined that a negative declaration was necessary and that all of the potential environmental impacts could be mitigated to a level of insignificance. Based upon review of the proposed project, including reviews by the City of Lake Elsinore Planning, Engineering and Building Divisions, and other reviewing agencies, the City has concluded that the mitigated negative declaration was the appropriate document for the project. The Mitigated Negative Declaration was distributed by the State Clearinghouse for review. The review period closed on July 31, 2007. No comments were received from affected agencies during the review period. RECOMMENDATION Staff recommends that the Planning Commission adopt the following resolutions: 1. Resolution No. 2007 -_ recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan. AGENDA ITEM PAGE OF PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-07 AND COMMERCIAL DESIGN REVIEW NO. 2006-17 I 2. Resolution No. 2007 -_ recommending that the City Council adopt Mitigated Negative Declaration No. 2007 -04 and the associated Mitigation Monitoring Report Program. 3. Resolution No. 2007 - _approving Conditional Use Permit No. 4. Resolution No. 2007 - recommending City Council approval of Commercial Design Review No. 2006 -17. I PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT I ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. MITIGATED NEGATIVE DECLARATION & MITIGATION MONITORING AND REPORTING PROGRAM 5. ORIGINAL BUILDING DESIGN ELEVATION 6. EXHIBITS • REDUCTIONS (8' /Z x 11) Exhibit A Site Plan Exhibit B First Floor Plan Exhibit C Second -Floor Plan Exhibit D Building Elevations Exhibit E Building Sections AGENDA ITEM PAGE OF PLANNING COMMISSION STAFF REPORT AUGUST 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO.2007- 07iAND COMMERCIAL DESIGN REVIEW NO. 2006-17 Exhibit F Photometric Plan Exhibit G Preliminary Landscape Plan Exhibit H Preliminary Grading Plan 7. Correspondence from Fox, Johns, Lazar, Perkin & Wexler dated August 2, 2007. ■ FULL SIZE PLAN SET AGENDA ITEM PAGE OF VICINITY MAP CONDITIONAL USE PERMIT 2007 -07 COMMERCIAL DESIGN REVIEW 2006 -17 � G PLANNING COMMISSION AGENDA ITEM NO. PAG E Q OF S v y i PLANNING COMMISSION AGENDA ITEM NO. PAG E Q OF S RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE SINGLE - USER ADMINISTRATIVE OFFICE BUILDING APPLICATIONS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, California Business Condos has submitted applications for Conditional Use Permit No. 2007 -07 and Commercial Design Review No. 2006 -17 ( "DPSS Applications" or the "Project "), to entitle property located at 1400 Minthorn Street (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 of the MSHCP further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the DPSS Applications are discretionary in nature and require review and approval by the Planning Commission and/or the City Council; and WHEREAS, the DPSS Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the (MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary entitlements with the MSHCP; and AGENDA ITEM NO. 1� PAGE \ \ OF PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 5 WHEREAS, public notice of the DPSS Applications has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public heating held with respect to this item on August 7, 2007. NOW, THEREFORE, THE PLANNING COMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the DPSS Applications and their consistency with the MSHCP prior to making a recommendation that the City Council find the DPSS Applications consistent with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings: 1. The Project is a project under the City's MSHCP Resolution) and the City must make an MSHCP Consistency finding before approval. The DPSS Applications include a Conditional Use Permit, Commercial Design Review, and CEQA review, all of which constitute !, discretionary actions. The discretionary actions constitute a `project" under the City's MSHCP Implementing Resolution. Pursuant to the City's MSHCP Implementing Resolution, the Project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Urban /Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 63.1) requirements, Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. AGENDAITE I PAGE OF M PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 The Property is within the MSHCP Elsinore Area Plan, but is I,not located in a Criteria Cell, Core or Linkage. Therefore, a formal LEAP application was not required by the City. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A "General Biological Resources Assessment" was prepiared for the proposed Project site. The Assessment revealed that no riparian, riverme, vernal pool fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project site is not located within the NEPSSA as shown on' Figure 6 -1 of the MSHCP and therefore the project is compliant with MSHCP Section 6.1.3. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. The Project site is not located adjacent to conserved land or other applicable open space and therefore, an assessment of indirect impacts associated with the Urban /Wildlands Interface is not required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no vegetation resources on the Project site that require mapping. Therefore, the Project is consistent with MSHCP Section 6.3.1.', I 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project site is outside of any Criteria Area Species Survey Area for plants, amphibians and mammals, and no Criteria Area Species Survey Area AGENDA ITE NO. I PAGE OF I PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 5 plant species were observed during site surveys. The Project site occurs within the burrowing owl survey area. No owls were observed during surveys onsite. Therefore, the Project is consistent with MSHCP Section 6.3.2. 8. The Project is consistent with the Fuels Management Guidelines. The Property is not located adjacent to conserved land or other applicable open space and therefore, any further action related to Fuels Management is not applicable to the Project. 9. The Project will/will not be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The applicant will be conditioned to pay the City's MSHCP Local Development Mitigation Fees. IO.The Project overall is consistent with the MSHCP. The entire Project is consistent with the MSHCP and provides effective mitigation measures for conservation to meet the biological issues and considerations of the MSHCP. SECTION 3. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon each of the DPSS Applications, the Planning Commission hereby recommends that the City Council find the DPSS Applications consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after'Ithe date of its passage and adoption. AGENDA ITEM NO. \N PAGE IlA OF PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this seventh day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz, Director of Community Development I AGENDAITEMNO. PAGE 15 OF 1 RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE I ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2007 -04 AND THE MITIGATION MONITORING AND REPORTING. PROGRAM APPERTAINING THERETO WHEREAS, California Business Condos has filed applications (Conditional Use Permit No. 2007 -07 & Commercial Design Review No. 2006 -17) with the City of Lake Elsinore to construct and operate a two -story 56,006 square foot professional office building with associated improvements on five acres (the "Project'); and WHEREAS, Conditional Use Permit No. 2007 -07 & Commercial Design Review No. 2006 -17 and the related entitlements qualify as a "project" under California Public Resources Code Section 21065, which defines la project for purposes of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (Title 14, California Code of Regulations Sections 15000 W seq.: "CEQA Guidelines ") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study which revealed that the Project may present potentially significant environmental impacts; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare Mitigated Negative Declaration No. 2007 -04 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, consistent with Section 21081.6 of CEQA, which requires that a lead agency prepare a reporting or monitoring program for changes made to the project or conditions of project approval when adopting an environmental impact report or a mitigated negative declaration, the City prepared and circulated a Mitigation and Monitoring Program with the Mitigated Negative Declaration; and AGENDA ITEM Np0. PAGE I p OF —5S PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 4 WHEREAS, pursuant to CEQA Guidelines Section 15072, on July 9, 2007, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; and WHEREAS, at a duly noticed public hearing on August ! 7, 2007, the Planning Commission considered evidence presented by thel, Community Development Department and other interested parties with respect to! the Mitigated Negative Declaration. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration and the Mitigation and Monitoring Program. SECTION 2. The Planning Commission hereby recommends to the City Council that the Mitigated Negative Declaration and Mitigation and Monitoring Program for the Project are adequate and have been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation and Monitoring Program and finds that the documents represent the independent judgment of the City. SECTION 3. That in accordance with CEQA, the CEQA Guidelines, the Planning and Zoning Law, and the Lake Elsinore Municipal Code,' the Planning Commission makes the following findings for the approval of Mitigated Negative Declaration No. 2007 -04 and the related Mitigation Monitoring Program: 1. Revision in the Project plan or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. AGENDA ITEM NO. PAGE �A OF PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 The Project would alter the site from natural /vacant land and one abandoned single-family home, to an urbanized site. This change is not necessarily considered a substantial or significant degradation to the environment, and as such no revision to the proposed project plan or proposal was determined to be necessary to bring potential' impacts to a level of less than significant. 2. The Project has individual impacts that can be mitigated to below the level of significance through implementation of Mitigation Monitoring Program and the conditions of approval. Potential impacts associated with biological resources, the substantial reduction of habitat for fish or wildlife species, the drop of a population below self - sustaining levels, the elimination of a plant or animal community or the reduction of a number or range of rare or endangered species will be less than significant with the implementation of mitigation 'measures and conditions of approval. Further, conversion of this vacant site 'does have the potential to impact cultural resources. Cultural studies indicated that no further action is warranted. However, archeological and Tribal mitigation were incorporated into the Project to ensure that impacts will be less than significant. In addition, potential impacts related to air quality, geology and soils, and traffic attributed to construction and increased urbanization will be less than significant with the implementation of mitigation measures and conditions of approval. SECTION 4. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the (City Council approve Mitigated Negative Declaration 2007 -04 and its related Mitigation and Monitoring Program. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM q NO. PAGE � D_ OF PLANNING M - CO MISSION RESOLUTION N0.2007 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this seventh day of August, 2007, by the following vote: AYES: NOES: 0-1- YWl" ABSTAIN: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: I COMMISSIONERS: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission I I AGENDA ITEM NO. iPAGE _ft OF RESOLUTION NO.2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-07 WHEREAS, Rick Marrs, RMI Architects, has initiated proceedings to request the approval of Conditional Use Permit No. 2007 -07, for the !establishment of a single user administrative office building within the M -1 Limited Manufacturing District and to allow for an increased maximum building height (the "Project') on property located at APN: 377 - 160 -008; 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 7, 2007, at a duly noticed public, hearing, the Planning Commission considered evidence presented by thei Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered ',the proposed Conditional Use Permit No. 2007 -07 prior to approval and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes',the following findings for approval of CUP 2007 -07: 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. AGENDA ITEM NO. PAGE OF S PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 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 yards, 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 proposed administrative office building and its associated building heights have been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate industrial 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 distance and 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 administrative office 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 AGENDA ITEM NO._ « �- PAGE k OF �'D PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car and truck. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use and its associated building heights have 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 Project has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 7, 2007. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2007 -07. SECTION 4. This Resolution shall take effect from and after',the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: AGENDA ITEM NO. PAGE OF 5$ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO. PAGE Z, OF S RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE'APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -17 1 WHEREAS, Rick Marrs, RMI Architects, has initiated proceedings for Commercial Design Review No. 2006 -17 for the design and construction of a 56,006 square -foot, two -story administrative office building and related site improvements (the "Project ") located at 1400 Minthorn Street (APN: 377 -160 -008); 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 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the 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. 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 2006 -17: 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 Commercial Design Review complies with the goals and objectives of the General Plan in that the approval of the administrative office project AGENDA ITEM NO. I1 IPAGE �i! OF S PLANNING COMMISSION RESOLUTION NO. 2007 – PAGE 2 OF 3 — will assist in achieving the development of a well balanced and fractional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversi fy 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 Commercial Design Review is appropriate to the site and surrounding developments in that the administrative office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects in that the applicant is providing a "Contemporary" architectural design with various elements which serve to enhance both the Project site and surrounding properties. Moreover, a variety of materials and colors are proposed including stone veneer and sandblasted accents and colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to Title 14 of the California Code of Regulations Section 15070, a mitigated negative declaration was prepared for this project. The mitigation contained in the mitigated negative declaration, mitigation monitoring plan, and the conditions of approval for the project adequately mitigate all of the potentially significant environmental impacts identified in the initial study to a level of less than significant. 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. AGENDA ITEM N0. �1 CN PACE 5 0 PLANNING COMMISSION RESOLUTION NO. 2007 —_ PAGE 3 OF 3 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 7, 2007. SECTION 3. 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 the City Council approve Commercial Design Review 2006 -17. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO. 1 PACE o G OF ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: Proposed Single -User Administrative Office Building @ 1400 Minthorn Street (CUP 2007 -07 & C2006 -17) I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior', to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: rJ Applicant's Signature: Print Name: Address: Phone Number: k5-k -74fr- 57b io X11? AGENDA ITEM NO. PACE �� OF PLANNING DIVISION General Conditions: 1. The applicant shall defend (with counsel acceptable to 'the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project attached hereto. 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,800.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. 3. The applicant shall comply with all mitigation measures identified in Mitigated Negative Declaration No. 2007 -04 and the associated Mitigation Monitoring and Reporting Program document. 4. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. AGENDA ITEM NO. PACE al OF�_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 2 of 15 7. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 8. 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. 9. The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after 'removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 10. The applicant shall comply with all applicable City codes and ordinances. Conditional Use Permit No. 2007 -07: 11. 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. 12. 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. 13. 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 AGENDA ITEMn NO. OF PAGE o` S CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 3 of 15 Commercial Design Review No. 2006 -17: 14. Approval for Commercial Design Review No. 2006 -17 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. 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. 16. 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. 17. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 18. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 19. 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. 20. 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. AGENDA ITEM NO. 1 PACE ' O _OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 4 of 15 21. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 22. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 23. No exterior roof ladders shall be permitted. 24. All exterior downspouts shall be concealed within the buildings. 25. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Tilt -Up Panel: Frazee Paints, "Autumn Wheat" #8225D Tilt -Up Panel: Frazee Paints, `Burma Buff' #8201 W Tilt -Up Panel: Frazee Paints, "Spice Bounty" #8204M Door & Window Frames: Frazee Paints, "Shipyard" #8625D Slate Veneer: 2'x 2' Natural Slate Entrance Canopy: Brushed Chrome Window Glazing: Azurlite 26. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 27. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 28. On -site surface drainage shall not cross sidewalks. AGENDA ITEM NO PAGE I _OF S CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 5 of 15 Prior to Issuance of Building/Grading Permit: 29. 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 Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check &,Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a minimum six inch (6 ") high and six inch (6 ") wide concrete curb. In addition, all planting and turf areas shall be separated by a concrete mow strip. 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. A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy. The bond shall cover ten percent (10 %) of the total cost of landscaping improvements AGENDA ITEM N0. �I PACE 3 P. 0 F�_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 6 of 15 onsite. Release of the bond shall be requested by the applicant at the end of the required one year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee. 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. 1. Up- lighting shall be provided for trees at driveway entrances and main entry courtyard for accent purposes. 30. All exterior wall and freestanding light fixtures shall be shown on the electrical construction drawings. Said fixtures shall be decorative and shall compliment the building architecture. All fixtures shall be reviewed and approved by the Director of Community Development. 31. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 32. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 33. Prior to issuance of building permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. AGENDA ITEM NO.�_ PAGE 33_ OF S� CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 7 of 15 34. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. ENGINEERING DEPARTMENT General Requirements: 35. 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. 36. 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. 37. 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. 38. Phasing Plan shall be approved by the City Engineer. 39. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 40. 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. Overhead utilities shall be undergrounded. 41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. AGENDA ITEM NO. I PAGE j, OF_53- CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007 -07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 8 of 15 42. Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way. 43. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. If Sliver Street is constructed, a monument is required at the center of the intersection of Minthorn and Silver Streets. 44. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 45. Provide fire protection facilities as required in writing by Riverside County Fire. 46. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 47. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 48. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 49. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 50. Slope maintenance along right -of -ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 51. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another AGENDA ITEM NO. 11 PACE 3 5 OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 9 of 15 recycling vendor. Another recycling vendor, other 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 recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master rickets. 52. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 53. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 55. Applicant shall comply with all NPDES requirements in effect; including the submittal of Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 56. 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 57. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 58. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm AGENDA ITEM NO. I I PAGE_a,6__._OF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 10 of 15 water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 59. Dedicate right -of -way and construct street improvements (part-width improvements) on Minthorn Street, along the property frontage, such that the centerline to property line is 30 -feet. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate ac transition beyond project limits shall be provided. In addition, adequate drainage protection shall be provided at the end of the transition area. 60. The applicant shall ensure access to the project site. In the event that the property to the southeast (APN 377 -160 -009) or the property to the north (APN 377- 160 -014) develops, access to the project site may be frustrated. For that reason, the applicant shall pursue a reciprocal access agreement with property owners to the southeast (APN 377 - 160 -009) and north (APN 377 - 160 -014). A copy of said agreement shall be provided to the City to be included in the case records. 61. The proposed vacation of Silver Street shall require separate City approval. Should the vacation be approved, the applicant shall be required to provide landscaping and a maintenance mechanism on the vacated Silver Street. All landscaping improvements shall be reviewed and approved by the Director of Community Development. Should the street vacation not be approved by the City, the applicant is 'required to construct part-width street improvements on Silver Street. A Letter of Credit in -lieu of improvements will be considered subject to the approval of the City Engineer. 62. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 63. An offer of dedication shall be made for all public streets and easements AGENDA ITEM NO. --k� PAGE__3 7_OF 21 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 11 of 15 as required by these conditions or as shown on the plans. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 64. Applicant shall submit signing and striping plans and traffic control plans for the required street improvements for the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. These include No Parking and Street Sweeping Signs for streets within the project. 65. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Prior to Issuance of a Grading Permit 66. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 67. A minimum 40 -foot queuing distance shall be achieved at the southerly driveway (Silver Street). Necessary revisions shall be shown on the site, grading and landscaping plans. 68. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 69. Construction Project access and hauling route shall be submitted and approved by the City Engineer. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. AGENDA ITEM No. I PACE A pF CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 12 of 15 71. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 72. The applicant shall obtain all necessary off -site easements and/or permits for off -site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 73. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 74. 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 for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 75. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 76. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 77. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 78. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. AGENDA ITEM NO. PAGE 3� OF Ste_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 13 of 15 79. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 80. The applicant shall submit cost estimate for the fair -share costs of the future traffic signal at the intersection of Chaney and Minthorn Streets. 81. The developer shall submit a Letter of Credit in the amount equal to the approved Engineer's cost estimate plus 10% (design cost) for the future improvements of Silver Street. The Letter of Credit shall be released by the City upon recordation of the Silver Street vacation or completion of the Silvers Street improvements. Prior to Occupancy 82. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 83. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 84. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 85. All required easements, dedications, or vacation as conditions of this development shall be completed and recorded. 86. All signing and striping and traffic control devices onsite and on Minthorn Street shall be installed. 87. Water and sewer improvements shall be completed in accordance with Water District requirements. AGENDA ITEM NO.- I` PAGE -� OF J 0 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 14 of 15 88. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right -of- way. 89. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 90. The applicant shall submit as -built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SER VICES DEPARTMENT 91. Developer shall comply with all applicable Community Service Department requirements and shall pay all applicable Department fees. RIVERSIDE COUNTY FIRE DEPARTMENT 92. The applicant shall comply with all Riverside County Fire Departments requirements and standards (see attached conditions of approval). ADMINISTRATIVE SERVICES DEPARTMENT 93. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into the Mello -Roos Community Facilities District 2006 -5 to fund the on -going operation and maintenance of the new parks, parkways, open space and public storm drains required as a result of the project and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 - 3900 x334 or danderson(a)harris- assoc.com. AGENDA ITEM NO. ,I PAGE_ DF S CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-07 & COMMERICAL DESIGN REVIEW NO. 2006-17 PAGE 15 of 15 94. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or danderson(a)harris- assoc.com. AGENDA ITEM No. PAGE_-`F r ,_OF S 02/12/07 08:00 Library Conditions 10. GENERAL CONDITIONS FIRE DEPARTMENT 10.FIRE.999 n Riverside County LMS CONDITIONS OF APPROVAL �aZu'- I --� L -F -06- P P•-! 7r- CASE - CITY CASE STATEMENT W With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognized fire protection standards: 10.FIRE.999 USE - #50 -BLUE DOT REFLECTOR Blue retroreflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999 USE * -##23 -MIN REQ FIRE FLOW Minimum required fire flow shall be A500 GPM for a a;� hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on typeRT FJ construction per the 2001 CBC and Building(s) having a fire sprinkler system. 10.FIRE.999 USE- #31 -ON /OFF NOT LOOPED HYD A combination of on -site and off -site super fire hydrant(s) (611x4l'x2 1/2 "x2 1/211), will be located not less than 5 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. IO.FIRE.999 USE - #25 -GATE ENTRANCES Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate, Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 4 /Z # 61VIILV( Page: 1 DRAFT DRAFT Ki'2 % DRAFT DRAFT AGENDA ITEM NO. I PAGE (yrt7 )F a i n /8 n n 02/12/07 Riverside County LMS Page: 2 08:00 CONDITIONS OF APPROVAL i Library Conditions 10. GENERAL CONDITIONS G02 0OO - -/ 10,FIRE.999 USE * - #88A- AUTO /MAN GATES DRAFT Gate(s) shall be automatic operated, minimum p2�mfeet in width, with a setback of 35 feet from face of curb /,flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. (current plan check deposit base fee is $126.00) 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIR &.999 USE - #17A -BLDG PLAN CHECK $ DRAFT Building Plan check deposit base fee of $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been approved by our office. 80.FIRE.999 USE - 44 -WATER PLANS DRAFT The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 10 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer, and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 90. PRIOR TO BLDG FINAL INSPECTION FIRE DEPARTMENT 90.FIRE.999 USE - #45 -FIRE LANES The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 6 /£ # 61411L4( DRAFT AGENDA ITEM NO. I I PAGE_—�k_OF 8ro ;Sl nhi CO 18 /8 n 02/12/07 Riverside County I,MS 08:00 CONDITIONS OF APPROVAL Library Conditions 90. PRIOR TO BLDG FINAL INSPECTIONL172000� 90.FIRE.999 U8E - #12A- SPRINKLER SYSTEM (l Install a complete fire sprinkler system per NFPA 13 1999 edition in all buildings requiring a fire flow of 1500 GPM or greater. Sprinkler system(8) with pipe sizes in excess of 411 in diamter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within SO feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. (current sprinkler plan check deposit base fee is $614.00 per riser) Applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System, Monitoring system shall monitor the fire sprinkler system(s) water flow, p.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact fire department for guideline handout (current monitoring plan check deposit base fee is $192.00) 90.FIRE.999 USE - #27- EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A -IOBC and signage. Fire Extinguishers located in Public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 411 projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 4 /4 # 61411L41 Page: 3 DRAFT DRAFT AGENDA ITEM N0. ` PAGE _4 _OF s� W91 nHi L0 /8 /8 p53O - SHHVW z 0 a> W J W K I. low z 0 W J W K W w l' bed; ERM 09 w M z 0 W J W F LL W udnoo o saania Iwl l d s 11 Hill �0 000 00000® z 0 a W J W F Z w LL OA liEM NO. 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Y -.13 �LIeYbl ��/ �Iy �_ I�a�1 i er •Ft °Yli 6r ��g 4a_ d �,•��1��r�l'�e vl V y argf s7':r r ax 7ffi l 6h ,v*`YZ °" L� : "Ky S r I'r ,yy�y, yTT I I I, r a • ' MINTHORN INDUSTRIAL C QA eNViaoNS, INC Q — 1351 ox8iaxaUrxory vnr E �SinOre, C3 i SUITE M100 .�. XEAN�SGAPE AFCIII DAN € �' ¢ VISTA. G. 92081 064) 69) -9620 � ^.�, ✓� n "°'"i"euu ��.ri ZT J/ r a a e e M MINTHDRN INDUSTRIAL E m 1351 olslaxeunox wnv L ENVIRONS INC Elsinore. Ca. z VISTA, G. 92081 2 2 .� „..,. EW �I+IIr�9 ,���.� Ifd� �nlY�f'xF:•l ® 19�Virn I'II �rEte:'tP°����Op�� 1.0 I�� MEN OEM ■■■■ 10 ``;n *a�■ r' ,� ■ ■■ 0 ■■ . PA■ AN ■ ■ ■■ no ■I�� Is SPI■ Kim _ ,�I� : "�`5,,,� =Z.� i ■ ■'� °"!fir 1 �E ..11j � � I III !�Y• °� 4�lal I� VIII I I� ® IIIIIII Y I a r:� I� I • • y � Ig7 ■ • r a a e e M MINTHDRN INDUSTRIAL E m 1351 olslaxeunox wnv L ENVIRONS INC Elsinore. Ca. z VISTA, G. 92081 2 2 .� „..,. cxlsrLVC L51ZYFx0Yb0 sTxe'eT x X a i m X.: d�W+'}] p ✓ r y Y a � a ^M % � �, star ✓�- tiry ��x / � .xc ( i •. k Mfl1 1pa M m m ` a 5 5 r s z z v In n D M m I © z r e W E MINTHORN INDUSTRIAL ENVIRONS, INC. LANDSCAPE ARCIIREOIJ E E : Elsinore. Ca. - 1351 DISTRI unox wav �. visTn i1G 92081.��, (760) 5W -6620 � • 1� R Jl slid r I ƒ §| E §2 ■ | \ {�. . p i [< / ! y N = =&tPR ~§@ §! ; + . < ~5 \\ jjj eE�E 9® q •3 4i a r�1➢N m] -t N-pnm e, Ord T - nsu 377- 1eo -o37 iF S�_ q (x a 'I f r�1➢N m] -t N-pnm e, Ord T - nsu 377- 1eo -o37 iF S�_ MICHAEL H. WEXLER DIRECT DIAL 06191 595-7188 E -MAIL mwexle,QfOxjOhns. COM FOX JOHNS L,AZAR PEKIN & WEXLER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 1500 525 B STREET SAN DIEGO. CALIFORNIA 92101 -4417 August 2, 2007 CaN of Lake Elsinore Mr. Rolf Preisendanz Planning Director (Planner of Record Matt Harris') 130 South Main Street Lake Elsinore. CA 92130 Re: Proiect No. CLP2007 -7 Design and Review (DR) 2006 -17 Dear Mr. Preisendanz: AREA CODE 619 TELEPHONE 237 -0011 FACSIMILE 237-9717 1 represent Mr. Robert "Sam" Harding the principal of Rightway Portable 'toilets and Temporary Power whose' operations yard is located at 653 West Minthorn AN enue in Lake Elsinore. As the City's records should reflect, Rightway has been in operation at that location for I 60 years. I am informed the above referenced proposed office development is to be located directly to the south of the Rightway operations yard directly across Minthorn from the main entrance to the Rightway yard. This letter is being written to make sure the City and the applicant are both aware of the substantial truck traffic regularly entering and exiting the Rightway operations yard as v+pelt as the fact that a substantial portion of the Rightway business involves the transportation and servicing of portable toilet facilities and their contents. These operations are expected to continue into the foreseeable future. Please contact me if you have any questions. Very truly yours, Michael H. Wexler Pox Johns Lazar Pekin & Wexler MHW:ca cc: Mr. Robert Harding Mr. Gary Washburn r.- �!. uI0.' �Naulnro� .C�A11Pn- Ifi15VPrcisendan7, Ltr08112U7 doc AGENDA ITEM N0. PAGE--5%- _ _ 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 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007 -14; A REQUEST TO ESTABLISH AN OUTDOOR DINING AREA WITH THE SALE OF ON- PREMISE BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 17600 COLLIER AVE. #147A, LAKE ELSINORE, CA 92530 (APN 389 -210- 063) APPLICANT: JULIE LAMOREAUX,17600 COLLIER AVE. # 147A, LAKE ELSINORE, CA 92530 OWNER: CASTLE & COOKE, 17600 COLLIER AVE. #1009 LAKE ELSINORE, CA 92530 PROJECT REQUEST The applicant is requesting Conditional Use Permit approval for the establishment of an outdoor dining area with the sale of on- premise beer and wine. The project site is located within the Community Commercial (CC) zoning designation of the Lake Elsinore Outlet Center Specific Plan. The subject property has a General Plan designation of Lake Elsinore Outlet Center Specific Plan. Review is pursuant to Lake Elsinore Outlet Center Specific Plan Section 7.3 (Community Commercial Land Use Regulations) and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). AGENDA ITEM _� PAGE I OF PLANNING COMMISSION STAFF REPORT August 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-14 17600 COLLIER AVE. #147A (APN: 389 - 210 -063) BACKGROUND The Lake Elsinore Outlet Center was constructed in 1990 and has been occupied by general retail stores. Unit 147A has been utilized for general retail until recently remodeled for a restaurant use. The site has never been approved for on- premise beer and wine consumption. PROJECT LOCATION The approximately forty three (43) acre property is developed with an 367,552 square foot single -story "outlet' commercial center and is located on the north side of Collier Ave. between Nichols Road and Riverside Drive. The property is located within the Lake Elsinore Outlet Center Specific Plan. ENVIRONMENTAL SETTING LOCATION. EXISTING,,, ' ZONING 'GENERAL PLAN:: LAND USE' Project Site Retail Lake Elsinore Outlet Lake Elsinore Outlet Center Specific Plan Center Specific Plan North I -15 I -15 I -15 South Vacant Land M -1 Future Limited Industrial Specific Plan - T East I -15 I -15 1 -15 West Vacant land M -1 Future Limited Industrial Specific Plan - T PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment of an outdoor dining area with on- premise beer and wine sales. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. AGENDA ITEM J- PAGE Q- OF d-O PLANNING COMMISSION STAFF REPORT August 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007 -14 17600 COLLIER AVE. #147A (APN: 389 - 210 -063) Buildine Elevations No additional square footage has been added to the building at this time. The proposed outdoor dining area consists of approximately 527 square feet of customer area with twelve (12) tables designed for 2 patrons per table. Parking and Circulation The Outlet Center Specific Plan calls for a parking ratio of 1.8 per 250 square feet of building area. With 367,552 square feet of building area, 2647 parking spaces are required and the Outlet Center has provided 2777 parking spaces'. Additionally, there are ten (10) bus spaces provided for groups of shoppers. CONDITIONAL USE PERMIT ANALYSIS Sale of "On- Premise" Beer and Wine Section 7.3.4 of the Outlet Center Specific Plan specifies the requirement of a Conditional Use Permit for any `Bating and drinking establishments with onsite consumption of alcoholic beverages ". The applicant is proposing to establish "on- premise" beer and wine alcohol sales in conjunction with a restaurant. The proposed hours of operation are as follows: • 9:30 a.m. to 8:30p.m. Monday through Friday • 9:30 a.m. to 9:00 p.m. on Saturday • 9:30 a.m. to 7:30 on Sundays. A condition of approval has been included limiting the hours in which alcohol can be served. Alcohol will be served throughout the restaurant including the indoor and outdoor dinning areas. Concentration The Outlet Center is located within Census Tract No. 0430.05. The California Department of Alcoholic Beverage Control (ABC) recommends that not more than AGENDA ITEM PAGE 3 OF _,1() PLANNING COMMISSION STAFF REPORT August 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-14 17600 COLLIER AVE. #147A (APN: 389 - 210 -063) four (4) on- premise alcohol establishments be permitted within this Census Tract. According to ABC records, there are currently ten (10) on- premise licensed establishments within the subject Census Tract (including the subject location, which currently holds a "pending" license). See Attachment 5 for a list of on- premise general alcohol establishments within the Census Tract, including the type of ABC license maintained by the establishment. Since the request to serve beer and wine at the subject location would increase the existing over - concentrated levels of on- premise licenses within the Census Tract, the Planning Commission must make Findings of Public Convenience and Necessity (PCN) in order for ABC to approve the license. The PCN findings are included in the attached Resolution satisfying ABC requirements. Additionally, the Chief of Police has returned the Request for Review and Comments for this application (see Attachment 6). The Chief of Police had "no objection to license issuance provided licensee conforms to all City and ABC regulations ". Conditions of approval related to alcohol use include, but are not limited to: • Requiring alcohol service to cease one (1) hour prior to closing. • Prohibition of loitering in and around the facility Outdoor Seating Section 17.44.030 (k) of the LEMC specifies the requirement of a Conditional Use Permit for the establishment of an outdoor dining area. The applicant is proposing to operate an outdoor dining area in conjunction with the restaurant use on site. The outdoor dining area will encompass the entire frontage of the restaurant which faces within the Outlet Center Complex. Access to the outdoor dining area is achieved from two (2) double gates located at the front of the restaurant. There is one emergency exit located at the north end of the patio area. Since the site is surrounded by other commercial uses staff determined that the establishment of an outdoor dining area will have no impact to surrounding properties. A Condition of approval has been included limiting this area to outdoor dining only. AGENDA ITEM Ll PAGE 1 OF l PLANNING COMMISSION STAFF REPORT August 7, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-14 17600 COLLIER AVE. #147A (APN: 389 - 210 -063) Any utilization of the outdoor area for uses other than dining purposes is not permitted without prior approval from the Director of Community Development. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), staff has determined that the proposed project is categorically exempt per CEQA Section 21084 and CEQA Guidelines Section 15300, therefore, no additional environmental clearance is necessary for the project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007 -_ making findings of Public Convenience and Necessity (PCN) and approving Conditional Use Permit No. 2007 -14, based on the Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: JOE BITTEROLF, PLANNING INTERN APPROVED BY: ATTACHMENTS: DIRECTOR OF COMMUNITY DEVELOPMENT 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. CONDITIONS OF APPROVAL 4. REDUCTIONS (8 %2 x 11) OF SITE PLAN AND ELEVATIONS 5. LIST OF ON- PREMISE ALCOHOL ESABLISHMENTS WITHIN CENSUS TRACT 0430.05 6. REQUEST FOR REVIEW AND COMMENTS FROM CHIEF OF POLICE DATED JUNE 27, 2007 AGENDA ITEM PAGE 5 OF VICINITY MAP CONDITIONAL USE PERMIT NO. 2007 -14 PLANNING COMMISSION AGENDA r I as Yi N0. PAGE__ (Q_OP RESOLUTION NO.2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-14 WHEREAS, Julie Lamoreaux of Tacone Restaurant has filed an application for Conditional Use Permit No. 2007 -14 to establish an outdoor dining area and the sale of on- premise beer and wine in conjunction with a restaurant (the "Project ") located at 17600 Collier Ave. Ste. 147A Lake Elsinore, CA 92530 (APN: 389 -210- 063); 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, the California Environmental Quality Act (Cal. Pub. Res. Code Section 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. Section 15000 et seq.: "CEQA Guidelines ") apply to activities which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and which involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies (CEQA Section 21065); and WHEREAS, according to CEQA Section 21084 and CEQA Guidelines Section 15300, certain types of projects have been declared by the California Legislature to be categorically exempt from CEQA and the CEQA Guidelines because the class of project has been determined not to have a significant effect on the environment; and WHEREAS, Section 15301 of the CEQA Guidelines categorically exempts activities which involve modification of existing facilities; and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parries with respect to the Project. AGENDA ITENI NO. I:)- PAGE OF� PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -14 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 finds and determines that the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 1 exemption for existing facilities. A Class 1 exemption is applicable to those activities involving operation, repair, maintenance, permitting, leasing, licensing or minor alteration of an existing structure or facility. Key to the applicability of this categorical exemption is that the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation involve negligible or no expansion of use beyond that at the time of the lead agency's determination. Approval of Conditional Use Permit 2007 -14 will involve a negligible expansion of use of an existing restaurant. Consumption of food on the outdoor patio and to the sale of on -site beer and wine sales are consistent with the use at this time. For these reasons, the project is categorically exempt from CEQA and the CEQA Guidelines. 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 No. 2007 -14: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the 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. AGENDA ITE&I NO.�_ PAGE '6 OF PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 All applicable City departments and agencies, including the Riverside County Sheri 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 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 existing building was constructed in 1990 and conforms to development standards for the indicated zone. Further, the restaurant and outdoor dining area are compatible with existing development and will create a visually pleasing, non - detractive relationship between proposed and existing projects. 4. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. 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. 5. 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 request for outdoor seating and on premise sales of beer and wine has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 7, 2007. 6. In relation to the proposed establishment of on- premise alcohol sales, the Planning Commission finds that Public Convenience and Necessity will be served based on the following: A. The sale of beer and wine is complimentary and ancillary to the primary use of the restaurant. B. The degree of compatibility required by the Zoning Ordinance will be maintained with respect to the on- premise sale of alcohol at the site, AGENDA ITEM N0. ) PAGE OF-')�:C) PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 given the consideration provided to other existing and potential uses within the general area. C. The subject restaurant, located in the Lake Elsinore Outlet Center Specific Plan. As such the sale of on premise beer and wine is conditionally permitted in accordance with the Community Commercial land use designation of the Lake Elsinore Outlet Center Specific Plan. D. The sale of beer and wine for on- premise consumption will not have a detrimental effect on the area residents since the sale of beer and wine is typically an ancillary use of a restaurant. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2007 -14. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO._ Pace I e oF_c?_-0 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -14; A REQUEST TO ESTABLISH AN OUTDOOR DINING AREA AND THE SALE OF ON- PREMISE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT LOCATED AT 17600 COLLIER AVE. 147A, LAKE ELSINORE, CA 92530 (APN: 389 - 210 -063) PLANNING DIVISION GENERAL CONDITIONS 1. 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. 2. 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 this Conditional Use Permit. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to the issuance of a Certificate of Occupancy, 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. 5. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Director of Community Development or designee. Planning Commission Approval August 7, 2007 AGENDA ITEM No. PAGE OF a G 6. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. 7. Live entertainment or PA system shall not be permitted in the outdoor patio area unless approved by the City and the property owner. 8. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. The Applicant is to meet all applicable City Codes and Ordinances. 10.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 11.All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 12.A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 13.The license shall be limited to on- premise beer and wine sales. Any change and /or intensification to the type of license will require a new Conditional Use Permit. 14.The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit -down patrons provided on the premises. 15.Alcoholic beverages shall be sold or dispensed for consumption on the premises only when served at tables or sit -down counters by employees of the restaurant. 16.The sale of alcohol for consumption off the premises is prohibited. Plamung Commission Approval August 7, 2007 AGENDA ITEM N0. ) —I— PAGE_J�L_ OP d 17.The owner, manager or such person in charge of the establishment shall be 21 years of age or older. At least one such person shall be present on the premises during all business hours of operation. 18. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 19. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 20. Sales and service of alcoholic beverages shall be permitted only between the following hours of operation: • 9:30 a.m. to 8:30 p.m. Monday through Friday • 9:30 a.m. to 9:00 p.m. on Saturdays 9:30 a.m. to 7:30 p.m. on Sundays. In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 21. The premises shall be maintained as a restaurant and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit. 22. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. 23. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 24. Loitering is prohibited on or around these premises or the area under the control of the license /petitioner. Planning Commission Approval August 7, 2007 AGENDA ITEM N0. PAGE__13-0F a "� 25. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths /dining areas within the interior space of the licensed premises. 26. The licensee /petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 27. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 28. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. ENGINEERING DIVISION GENERAL 29.The applicant shall obtain an encroachment permit for any work performed in public right of way. 30.The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 31.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. STORMWATER/ CLEANWATER PROTECTION PROGRAM 32.The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing Plamiing Commission Approval August 7, 2007 AGENDA ITEM NO. a PAGE__L� OF—Q--0 oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Planning Commission Approval August 7, 2007 AGENDA MEMN0. I a- PAGk_ ' OF_.2- ;e r o� p � III N c °. f� c3 > i Yr Y ► � z ":i =A �T o m ° O N '55 5 Z Qb A � ov r PAGE I OF vl U yq ��.x ryry m I I - ---- e_ - i 3 % � t 11 /W�nK�J✓ V Y ✓d. 1 I LS Q� ym v I � y om A . � 1 i I I 1 Yq � Adjaurlt Co�r.do� rd .�a r;ic oo W i a a a- P;�03 t o� "��i ✓�fi�'U� � , I` ✓�;I ✓.. ✓�A of 3 r a ut C 3 1 Y •. iT[' 1'' ,� 1� � m il:GEIVDA ITEM PAGE_ja_OF AGENDA ITEM NO•_� --- PAGE-ja_OF-o_- ATTACHMENT 5 On- Premise Alcohol Establishments within Census Tract 0430.05 BusinessName Adess Type „1 ' t s � �I•�•; s "n.. rise t, iit i= Ciao Raggazzi 31731 Riverside Dr. 41 — On Sale Beer and Wine Eating Place (Beer and Wine for a restaurant). Choi Dae Chul 31681 Riverside Dr. 41 — On Sale Beer and Wine Eating Place (Beer and Wine for a restaurant). Evans Donna Kay 31091 Riverside Dr. 42 — On Sale Beer and Wine Public Premises (Beer and Wine only for a bar /tavem). Hunny's Restaurants Inc 31253 Riverside Dr. 41 — On Sale Beer and Wine Eating Place (Beer and Wine for a restaurant). Sandoval Gaudelia 31085 Riverside Dr. 41 — On Sale Beer and Wine Figueroa Eating Place (Beer and Wine for a restaurant). Smith Stanley Bruce 31361 Riverside Dr. 41 — On Sale Beer and Wine Eating Place (Beer and Wine for a restaurant). TK &J Inc 16779Lakeshore Dr. 47 — On Sale General Eating Place (Beer, Wine and Distilled Spirits for a restaurant). Brinker Restaurant 29233 Central Ave. 47 — On Sale General Eating Corporation Place (Beer, Wine and Distilled Spirits for a restaurant). ABC Ventures LLC 29263 Central Ave. 41 — On Sale Beer and Wine Eating Place (Beer and Wine for a restaurant . * *Fresh Foods 17600 Collier Ave. 41 — On Sale Beer and Wine Enterprises Eating Place (Beer and Wine for a restaurant). ** Subject location (currently in process to upgrade to a Type 47 General Alcohol License). AGENDA ITEM PAGE 19 ( OF_D-U To: ❑ Cahuilla Band of Indians ❑ Caltrans District #8 ❑ CA Department of Fish & Game ❑ City of Canyon Lake ❑ Comcast Cable Co. ❑ County Health Department ❑ County Planning Department ❑ CR &R Disposal ❑ Dennis Anderson Date; From: Project Title: Applicant: Owner: Project Description: Project Location: APN: June 20, 2007 I��1� \.✓� X1.1 V �i{, =1�� JUN 2 72007 CT. Y OF LAKE ELSINORE PLAT NING DIVISION Request for Review and Comments ❑ Deputy County Clerk ❑ Elsinore Water District ❑ EVMWD ❑ Gas Company ❑ LEUSD ❑ Mosquito & Vector Control ❑ Pechanga Cultural Resources ❑ Riv. County Fire Department ❑ Riv. County Flood Control Dist. ❑ Riverside Transit Authority ❑ Soboba Band of Luiseno Indians ❑ Steve McCarty ❑ U.S. Army Corp of Engineers ❑ U.S. Fish & Wildlife Services ❑ U.S. Postmaster ❑ Verizon ® .ether: •' Wpb nfit33er � Joe Bitterolf, Planning Technician 130 S. Main Street Phone (951) 674 -3124, ext. 293 Lake Elsinore, CA 92562 Fax (951) 471 -1419 jbitterolf @lake- elsinore.org CUP 2007 -14; Alcohol consumption and out door sitting Julie Lamoreaux / Tacone, 17600 Collier Ave # 147A, Lake Elsinore, CA 92530 Kristen Zortman, Castle and Cooke, 17600 Collier Ave # 100, lake Elsinore, CA 92530 For alcohol consumption on premises in the outlet center + outdoor sitting 17600 Collier Ave, # 147A 389 - 210 -063 Reply by: Monday July 16, 2007 or Earlier COMMENTS: (attach a separate sheet if necessary) CRS: 1374 Date: ��7 O Name/Title: Telephone:9�L.S�3 ?/rJ e -mail DA ITEM 17�, IV„ TIT) ')1)00.77- Re,. of 7)0 0 le. 7nn� 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 7, 2007 SUBJECT: REORGANIZATION OF THE PLANNING COMMISSION. DISCUSSION City Council Policy No. 200- 5A(G)(1) states that A. Selection of Chair and Vice Chair The Chair and Vice Chair of each Commission shall be selected upon establishment and in July of each year thereafter by a majority of the members and shall serve for one year or until their successors are selected. 2. Each Commission may annually rotate its Chair. Although the reorganization of the Planning Commission was due last month (July 2007), pursuant to City Council Policy No. 200- 5A(G)(1) (See Attached) staff is advising that the Planning Commission select a Chair and Vice Chair who will serve in their capacity as Chair and Vice Chair until July 2008. RECOMMENDATION That the Planning Commission reorganize the Planning Commission pursuant to City Council Policy No 200- 5A(G)(1). APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM NUJ. ! 3 v PAGE_J-QF�_ CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Effective Date: 11103104 Revised: 9/12/06 Page No.1 of 11 For purposes of this Policy, the term "Commission" shall have the meaning set forth below: A "Commission" shall be a regular, ongoing committee, board or commission consisting of members appointed by the City Council. The City Council shall establish by ordinance all Commissions which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. The City of Lake Elsinore currently has two standing Commissions: the Planning Commission and the Public Safety Advisory Commission. The Planning Commission was established pursuant to Lake Elsinore Municipal Code Chapter 2.24 and the Public Safety Commission was established pursuant to Lake Elsinore Municipal Code Chapter 2.26. Within specific areas of responsibility, each Commission serves as an advisory body to the City Council on policy matters or reviewing specific issues as directed by the City Council or prescribed by law. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.24) and State statute (Government Code Section 65100 et seq. and Sections 65300- 65401). The City has adopted a City Council Policy Manual which includes City Council Policy Nos. 100 -2 (Code of Ethics), 100 -3 (Anti- Discrimination), 200 -2 (Open Meetings – Brown Act), and 200 -3 (Conflict of Interest) which specified policies are also applicable to all advisory bodies. A copy of these Policies shall be provided to all appointed Commission members. PURPOSE To define policies and procedures for the appointment by the City Council of members of Commissions. AGENDA ITEM NO.-3— PAGE OF l CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 2 of 11 POLICIES AND PROCEDURES APPLICABLE TO COMMISSIONS A. General: Methods of Selection 1. General. The City Council shall establish a Commission by ordinance which clearly defines the extent of the Commission's authority and the nature of the Council's review of the Commission's action (e.g. de novo or on the record). Appointments shall be discussed and made in open session. 2. Method of Selection. i. Annual List. A list of all regular and ongoing boards, com- missions, and committees whose members serve at the pleasure of the City Council shall be posted on or before December 31 of each year. This list shall be known as the "Local Appointments List." The list shall contain the following information: a) a list of all appointive terms which will expire during the next calendar year, b) the name of the incumbent appointee, c) the date of appointment, d) the date the term expires, and e) the necessary qualifications for the position. ii. Posting of Annual List. The Local Appointments List shall be posted at City Hall and copies shall be available to members of the public for a reasonable fee which shall not exceed actual cost. The Local Appointments List shall also be provided to and posted in the Lake Elsinore Branch of the Riverside County Library located at 600 W. Graham Avenue. B. Oualifications: Compensation: Elective Office 1. Qualifications i. The Ordinance establishing the Commission shall specify that members shall be at least 18 years of age and such other qualifications as the City Council deems necessary and appropriate. (LEMC Chapter 2.24) AGENDA 17EM NO. 13 — PAGE �_OF_ CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 3 of 11 ii. Members of the City Council or any City Commission are disqualified for membership in any other Commission. No person shall be a concurrent member of more than one Commission. 2. Compensation. The City Council shall fix the compensation of all appointive Commission members by ordinance or by resolution. 3. Elective Office. Commission members shall be permitted to retain membership while seeking any elective office. However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. Commission members who are running or who have run for elective office shall comply with the provisions of California Government Code Section 84308 concerning the prohibition against solicitation and acceptance of certain campaign contributions, the disclosure of certain campaign contributions and the disqualification from participating in decisions in which the person making the campaign contribution has a financial interest. C. Application /Selection Process 1. A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1. During the year, the application process begins for a particular opening when a vacancy occurs due to term expiration, resignation, removal or death of a member. 2. The application period will normally run for a period of four weeks from the date the vacancy occurs. Applications are available from the City Clerk's office. A copy of this Policy No. 200 -5A shall be provided to all applicants. AGENDA ITEM NO.--L 1_ PAGE _'f OF 1- CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 4 of 11 3. Applicants are required to complete and return a separate application form for each Commission they desire to serve on by the established deadline. Applications sent by fax or email shall not be accepted. The City Clerk shall compile a list of applicants from the applications received (the "List of Applicants "). 4. Incumbents seeking a reappointment are required to complete and file an updated application with the City Clerk by the application deadline. 5. At least thirty (30) days prior to such date as a vacancy requires filling, the City Clerk shall schedule the matter at the next available regular Council meeting. The City Council shall appoint a subcommittee of two (2) City Council Members to select appointees from the List of Applicants (as defined above) 6. After the application deadline, the subcommittee members shall evaluate the applications received and may schedule or waive interviews, or extend the application process in the event insufficient applications are received. 7. After consideration of the foregoing, the appointment subcommittee shall select the candidate(s) it wishes to recommend to the City Council and shall submit a written report to the City Council citing its reasons for selecting the candidate(s) recommended. Applications submitted by the finalists will be provided to the City Council and made a part of the Council agenda packet for its review and consideration. 8. The appointment subcommittee shall nominate its selected applicants at a City Council meeting. A vote will be called for each nomination. Applicants receiving the highest number of affirmative votes from a majority of the Council present shall be appointed. 9. Following a Council appointment, the City Clerk shall notify successful and unsuccessful applicants, as applicable, in writing. AGENDA ITEM NO. PAGE5 _oF_______ CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 5 of 11 10. An orientation will be scheduled by support staff following an appointment (but before taking office). D. Term of Office 1. The term of office for members of the Planning Commission and the Public Safety Advisory Commission is four (4) years. The term of office for members of all other Commissions shall be the term set forth in the enacting ordinance for such Commission. 2. Terms are staggered to be overlapping, so that all terms do not expire in any one year. 3. If a member resigns before the end of his/her term, a replacement serves out the remainder of that term. E. Appointments /Oaths 1. The City Council is the appointing body for all Commissions. All members serve at the pleasure of the City Council for designated terms. 2. All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the Council present. 3. Prior to taking office, all members must complete an Oath of Allegiance required by the Article XX, ¶3, of the Constitution of the State of California. All oaths are administered by the City Clerk or his/her designee. 4. Appointments made during the middle of the term are for the unexpired portion of that term. F. Conflict of Interest and Disclosure Requirements 1. A Conflict of Interest Code has been updated and adopted by the City Council pursuant to Government Code Section 87300 et seq. Copies of this Code are filed with the City Clerk. Pursuant to the AGENDA ITEM NO. 13 PAGE . Co OF CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 6 of 11 adopted Conflict of Interest Code, members serving on the Planning Commission and Public Safety Commission are required to file a Statement of Economic Interest with the City Clerk to disclose personal interest in investments, real property and income. This is done within thirty days of appointment and annually thereafter. A statement is also required within thirty days after leaving office. 2. If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. Questions in this regard may be directed to the City Attorney. G. Selection of Chair and Vice Chair The Chair and Vice Chair of each Commission shall be selected upon establishment and in July of each year thereafter by a majority of the members and shall serve for one year or until their successors are selected. 2. Each Commission may annually rotate its Chair. H. Meetings and Officers A2endas/Notices/Minutes All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, cancelled and adjourned meetings may be called when needed, subject to the Brown Act provisions. ii. Support staff for each Commission shall be responsible for properly noticing and posting all regular, special, cancelled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, AdNbAftm PAGE � —_ CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 7 of 11 City Manager, City Attorney, City Clerk and other appropriate staff, as requested. iii. Original agendas and minutes shall be filed and maintained by support staff in accordance with the City's adopted Records Retention Schedule. 2. Conduct and Parliamentary Procedures Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow the most recent edition of The Standard Code of Parliamentary Procedure revised by the American Institute of Parliamentarians. ii. A majority of Commission members shall constitute a quorum and a quorum must be seated before official action is taken. iii. The Chair of each Commission shall preside at all meetings and the Vice Chair shall assume the duties of the Chair when the Chair is absent. 3. Meeting Locations and Dates Meetings shall be held in the Council Chambers or other designated City facilities as noticed. ii. All Commissions shall conduct regular meetings at least once a month. Special meetings may also be scheduled as required by the Commission. iii. Monthly regular meetings shall have a fixed date and time established by the Commission. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the Commission to conduct its meeting in a most efficient and effective way as long as proper and adequate AGENDA ITEM �No.� PACE D OF I a- CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 8 of 11 notification is provided to the Council and made available to the public. 4. Other Rules and Procedures Each Commission may adopt other rules and procedures as it feels necessary to effectively and efficiently accomplish its duties. L Attendance An Attendance Policy shall apply to all advisory bodies. Provisions of this Policy No. 200 -5A are listed below. i. A compilation of attendance will be submitted to the City Council at least annually listing absences for all Commissions/Committee members. ii. Absences, which result in attendance at less than two thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the Council. iii. Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council or appropriate City staff member for a waiver of this Policy No. 200 -5A or to obtain a leave of absence. 2. While it is expected that members be present at all meetings, the chair should be notified if a member knows in advance that he /she will be absent. J. Relationship to Council, Staff and Media Upon referral by the Council, the Commission shall study referred matters and return their recommendations and advise to the Council. With each such referral, the Council may authorize the City staff to provide certain designated services to aid in the study. AGENDA MM ND. I_– _--- --�^-° pAGE- 1----- CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 9 of 11 2. Commissions shall not become involved in the administrative or operational matters of City departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Commissions may not establish department work programs or determine department program priorities unless specifically authorized. The responsibility for setting policy and allocating scarce City resources rests with the City's duly elected representatives, the City Council. 3. Additional or other staff support may be provided upon a formal request to the City Council. 4. The Commission Chair shall act as the Commission's lead representative. Pursuant to Council Policy 400 -6, no Commission Chairperson or member shall prepare or distribute an official press release to the media. Commission members may express personal opinions and comments so long as the member clarifies that his or her statements do not represent the position of the Commission and/or the City Council. K. Council Referrals Referrals and requests from the City Council for advice and recommendations shall be transmitted by the City Manager or by the City Council during a joint study session. Commissions shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignrnents. ADr NDi1 PPEIN NO. PAbE.__I6._ oF; CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 10 of 11 L. Recommendations, Requests and Reports As necessary and appropriate, the agenda for the regular City Council meeting will include an item called "Commission/Committee Reports, Announcements and/or Appointments ". At this time, Commissions may submit recommendations in writing or reports and may request direction and support from the City Council. Such requests shall be communicated to the City Manager in advance so that they may be listed on the agenda. The Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction. M. Public Appearance of Commission Members When a Commission member appears in a non - official, non - representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual. If the Commission member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a Commission member's appearance inappropriate. Conversely, when a member who is present at a Council meeting is asked to address the Council on a Commission matter, the member should represent the viewpoint of the particular Commission as a whole (not a personal opinion). N. Removal Appointed officials hold office at the pleasure of the City Council. The City Council may remove a Commission member without notice or a hearing upon a vote of the majority of the City Council. O. Resignations Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff. pia NDAIfEAif ND._ 1PACE_.-� 1 _ OF =Jz�_— CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200 -5A Page No. 11 of 11 P. Unscheduled Vacancies 1. Notice of unscheduled vacancy: Selection. Whenever an unscheduled vacancy occurs in any Commission (whether due to resignation, death, termination, or other causes) a special vacancy notice shall be posted in the office of the City Clerk, the Lake Elsinore Branch of the Riverside County Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. 2. Emergencies. Notwithstanding the foregoing, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. Q. Disbanding of Advisory Body Unless otherwise required by law, a Commission may be disbanded due to lack of business or other cause upon majority vote of the City Council following a recommendation of the City Council, Commission Chair or appropriate staff. R. Waiver of Requirements In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the approval of four Council members, waive one or more of said requirements. HISTORY Adopted by Minute Action 11/03/04 Amended by Resolution No. 2006 -152 9/12/06 AGENDA 17EM NO. I � PAGE a- OF��