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Home My WebLink AboutCity Council Agenda Item No. 7CITY OF LADE oLSII` OPT DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MAY 12, 2009 SUBJECT: TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR A PROJECT IDENTIFIED AS "LAKESHORE VILLAGES" Background On April 7, 2009, the Planning Commission considered an affordable housing residential project identified as the "Lakeshore Villages." After receiving testimony from staff, the applicant and the public, the Planning Commission voted unanimously to recommend that the City Council approve Tentative Parcel No. 36017 and Residential Design Review No. 2007 -12. In March and April of 2007, the Planning Commission and City Council approved Tentative Tract Map No. 34837, Conditional Use Permit No. 2006 -12 and Residential Design Review No. 2006 -18 approving a residential condominium project identified as Lakeshore Village Townhomes. Items of discussion and concern relating to the project were relative to site design, architecture, and the potential of impacts on neighboring properties. The applicant coordinated with the property owners and is now submitting an affordable housing apartment project. It should be noted that the applicant has conducted two (2) neighborhood meetings to address any new or previously mentioned concerns relating to the project. The meetings were conducted on March 5, and April 3, 2008, respectively, for the purposes of informing those properties adjacent to the project site of the new project submittal. The applicant described the project and presented the site design and architecture. It was also noted that the project is proposed as an affordable housing apartment project. General questions were raised regarding site design and the potential development. Attached as part of the Planning Commission Staff Report are copies of the flyers and information distributed to the adjacent property owners regarding the project and neighborhood meetings. The project was noticed and scheduled for the May 6, 2008 Planning Commission meeting. However, the item was continued so that the applicant could address site and Agenda Item No. 7 Page 1 of 57 Lakeshore Villages May 12, 2009 Page 2 of 2 building design issues. Since the project continuance, Planning staff had continued to work with the applicant to prepare a development proposal that incorporated additional landscaping improvements and building design and architecture. Planning staff determined that these improvements were satisfactorily incorporated in the project design addressing the items of concerns. Discussion At the April 7, 2009 meeting, the Planning Commission heard the staff report and took testimony from two (2) individuals including the applicant. The Planning Commission expressed satisfaction with the design and layout of the proposed project and unanimously voted to recommend that the City Council approve the project as proposed. Recommendation 1. Adopt a resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a Resolution approving Tentative Parcel Map No. 36017 3. Adopt a Resolution approving Residential Design Review No. 2007 -12 Prepared By: Kirt A. Coury,� Project Planner Approved By: Robert A. Brady City Manager Attachments: 1. Vicinity Map 2. City Council Resolution adopting Findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) 3. City Council Resolution No. 2009 -_ approving Tentative Parcel Map No. 36017 4. City Council Resolution No. 2009 -_ approving Residential Design Review No. 2007 -12 5. Conditions of Approval 6. Planning Commission Staff Report and Minutes dated April 7, 2009 Agenda Item No. 7 Page 2 of 57 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2007 -12 AND TENTATIVE PARCEL MAP NO. 36017 FOR LAKESHORE VILLAGE APARTMENTS LOCATED WITHIN THE LAKESHORE VILLAGE SPECIFIC PLAN Agenda Item No. 7 Page 3 of 57 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE LAKESHORE VILLAGE APARTMENTS IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Central Valley Coalition has filed an application with the City of Lake Elsinore requesting approval of the Project identified as Tentative Parcel Map No. 36017 and Residential Design Review No. 2007 -12 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, action taken by the Planning Commission and City Council with regard to the tentative tract map and residential design review applications is a discretionary action subject to the MSHCP; and WHEREAS, the Project Site is not located within a criteria cell, but 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 City Council has the responsibility of making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 12, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. Agenda Item No. PagAgendef Tfefn No. 7 Page 4 of 57 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 2 OF 5 SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ". Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. Therefore, a Joint Project Review with the RCA was not required. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of Riparian /Riverine areas and Vernal Pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to Riparian /Riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have Vernal Pools. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. However, these surveys were not conducted. This requirement was realized after the 2006 survey season had passed. The MSHCP requires that 90% of the area containing these species should be avoided. Upon further evaluation regarding the needs for these surveys, it was determined that more than 90 % of the chaparral where these species could potentially exist was avoided by the Project design. No further action regarding this section of the MSHCP is required. Agenda tern N . PagAgenRltSM No. 7 Page 5 of 57 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 3 OF 5 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. While the Project is not located adjacent to an identified habitat preserve or corridor, about half of the Project Site is being considered for conservation. The Applicant is considering providing conservation area to the Regional Conservation Authority or similar organization for permanent preservation. If this land is set aside for conservation, the Urban/Wildlands Guidelines would apply to the Project. The design of the Project already includes features that ensure compliance with the Guidelines. Further, mitigation has been included in the Project to prohibit the placement of potentially invasive plant material in or adjacent to the conserved areas. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 6. The Project is consistent with the Vegetation Mapping requirements. The Riparian /Riverine habitat as described in the DBESP has been mapped consistent with Section 6.3.1 Vegetation Mapping requirements. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within an area requiring additional surveys. As such, the provisions of Section 6.3.2 do not apply to the Project. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project is not located adjacent to a conservation area. Should the Applicant set aside land for permanent conservation, Fuels Management Guidelines would apply to the Project. Currently, these provisions do not apply to the Project. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 36017 and Residential Design Review No. 2007 -12, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP. AgendaPagAgen��rttem No. 7 Page 6 of 57 CITY COUNCIL RESOLUTION NO. 2009 -_ PAGE 4 OF 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th day of May 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Agenda Item No. PagAgenoltem No. 7 Page 7 of 57 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Ag N-Agen4t -em No. 7 Page 8 of 57 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 36017 WHEREAS, Central Valley Coalition has filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36017, which subdivides 7.28 acres of land within the Lakeshore Village Specific Plan into four (4) lots (the "Subdivision "); and WHEREAS, the Subdivision is located on the south side of Lakeshore Drive between Machado and Viscaya Streets (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore considered the proposed Subdivision at its regularly scheduled April 7, 2009, meeting and made a recommendation that the City Council approve Tentative Parcel Map 36017; and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land; 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 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, Mitigated Negative Declaration No. 2003 -03 evaluated environmental impacts that would result from maximum build -out of the specific plan; and WHEREAS, the Subdivision comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build -out under the specific plan; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 12, 2009. Agenda Item No. 7 Page 9 of 57 CITY COUNCIL RESOLUTION 2009w PAGE 2 OF 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that the Subdivision does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Subdivision does not change density or intensities of use. The Subdivision was contemplated by the Specific Plan and the environmental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review for the Subdivision.. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Parcel Map No. 36017: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, and the State Subdivision Map Act. The Lakeshore Village Specific Plan designates the Site as Attached Residential (AR) and Commercial /Residential Flex (CRF). Consistent with that designation, the Subdivision will accommodate a multi - family residential product with a density of up to 18 dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lakeshore Village Specific Plan, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Lakeshore Village Specific Plan. Tentative Parcel Map No. 36017 is consistent with the AR and CRF designations and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Lakeshore Village Specific Plan. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Agenda Item No. 7 Page 10 of 57 CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 4 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the City Council hereby approves Tentative Parcel Map No. 36017. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th day of May 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Agenda Item No. 7 Page 11 of 57 CITY COUNCIL RESOLUTION 2009-_ PAGE 4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Agenda Item No. 7 Page 12 of 57 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING RESIDENTIAL DESIGN REVIEW NO. 2007 -12 WHEREAS, Central Valley Coalition has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Lakeshore Village Apartment project and ultimate development within Tentative Parcel Map No. 36017 (the "Entitlement "); and WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of making decisions for the Design Review of residential projects within the Lakeshore Village Specific Plan; 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 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, Mitigated Negative Declaration No. 2003 -03 evaluated environmental impacts that would result from maximum build -out of the specific plan; and WHEREAS, the Entitlement comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build -out under the specific plan; and WHEREAS, public notice of the Residential Design Review has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 12, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Residential Design Review No. 2007 -12 prior to a decision to approve the project. The City Council finds and determines that the Residential Design Review request is consistent with design guidelines and development standards of the Lakeshore Village Specific Plan. Agenda Item No. PagA ender Item No. 7 Page 13 of 57 CITY COUNCIL RESOLUTION 2009 -_ PAGE 2 OF 4 SECTION 2. The City Council hereby finds and determines that the Entitlement does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Entitlement does not change density or intensities of use. The multi - family use was contemplated by the Specific Plan and the environmental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review for the Entitlement. SECTION 3. That in accordance with Section 17.82 of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2008 -09: 1. The Entitlement complies with the Goals, Objectives and Policies of the General Plan and the Lakeshore Village Specific Plan, as approved. The Lakeshore Village Specific Plan designates the site as Attached Residential (AR) and Commercial /Residential Flex (CRF). Tentative Parcel Map No. 36017 and the Lakeshore Village Apartment project will collectively lead to the construction of an affordable housing multi - family apartment development that is consistent with Lakeshore Village Specific Plan. 2. This Entitlement complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The design is appropriate to the site and surrounding developments in that it will result in the construction of an affordable housing multi- family apartment development in accordance with appropriate development and design standards contained in Lakeshore Village Specific Plan. The design creates interest and varying vistas as a person moves along any street within the Lakeshore Village Apartment project. The design also complements the quality of existing neighboring development and will continue to provide visually - pleasing design and architecture within the area. 3. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Entitlement to ensure development of the property in accordance with the General Plan, Municipal Code, and Lakeshore Village Specific Plan. The Planning Commission and City Council have considered the Entitlement and find that with the attached conditions of approval, the design complies with the purposes and objectives of the General Plan, Municipal Code and Lakeshore Village Specific Plan. Agenda Ijj,e n Ng Pa_e ` iifltffm No. 7 —Pag f4 of 57 CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 4 SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Residential Design Review, the City Council hereby approves Residential Design Review No. 2007 -12. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th day of May 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Agenda Item No. pageAgenoltem No. 7 Page 15 of 57 CITY COUNCIL RESOLUTION 2009 -_ PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No, was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12ffi day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Agenda Item N pag�4gen &rtiee t No. 7 Page T6 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017, AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTMENTS GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project referenced above and attached hereto. TENTATIVE PARCEL MAP NO. 36017 2. Tentative Parcel Map No. 36017 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to the issuance of a final certificate of occupancy for the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and /or the Redevelopment Agency of the City of Lake Elsinore to provide not less than 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.) and shall include the Agency as a third party beneficiary to any other affordability covenants recorded against the Project. 6. Prior to the first certificate of occupancy, the applicant shall present the CTCAC approval /award document for the apartment complex. The CTCAC approval /award document shall be reviewed by the Community Development Director or Designee and the City Attorney. The CTCAC approval calls for and shall include a condition for maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance improvements necessary to support the complex. In addition, the operating /management documents for the apartment complex shall establish methods to address design improvements. Planning Commission Agenda Item No. 7 Page 17 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 7. If, in the future, CTCAC regulations allow the apartment complex to be converted to a for sale affordable housing project, no unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and /or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall make the City an express third party beneficiary and shall permit, but not obligate, enforcement by the City of the CC &Rs. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 8. Parking for the project shall be restricted to the approved development parking spaces as shown on approved site plan. 9. In the event the Management Company or other legally responsible person(s) fails to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 10. Each unit shall have access to common area, facilities and improvements. 11. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2003 -03 prepared for the Lakeshore Village Specific Plan. 12. 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. RESIDENTIAL DESIGN REVIEW NO 2007 -12 13. Design Review approval for Residential Design Review No. 2007 -12 will lapse and be void unless building permits are issued within two (2) years of City Council approval. 14. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. Planning Commission Agenda Item No. 7 Page 18 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 15.AII 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. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 16.AII 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. 17.AII exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 18. No exterior roof ladders shall be permitted. 19.Applicant shall use roofing materials with Class "A" fire rating. 20. The proposed carport structures shall be built with concrete tile roof or architecturally equivalent to match the proposed on -site buildings and architecture. 21.The Planning Division shall approve the location of any construction trailers utilized during construction. 22. Materials and colors depicted on the plans and materials board shall be used unless a modification is approved by the Community Development Director or designee. 23. Decorative paving shall be included at the main drive entry way and shall be shown on the construction drawings submitted to Building and Safety. 24. On-site surface drainage shall not cross sidewalks. 25. Parking stalls shall be developed pursuant to the requirements of the Lakeshore Village Specific Plan. 26. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 27. The applicant shall at all times comply with Section 17.176 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Provisions of the City's Noise Planning Commission Agenda Item No. 7 Page 19 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on, Sunday, or any Legal Holiday. PRIOR TO BUILDING /GRADING PERMITS 28. Prior to issuance of grading permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 29. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right -of -way, subject to the approval of the City Engineer. 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 approved coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty- four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. 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. Planning Commission Agenda Item No. 7 Page 20 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS g. All landscape improvements shall be bonded 100% for material and labor for one additional year from installation sign -off by the City. h. 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. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. i. Final landscape plan shall be consistent with approved site plan. j. Final landscape plans shall include planting and irrigation details. 31.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 32. Prior to issuance of a certificate of occupancy, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 33. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 34. Prior to issuance of certificate of occupancy, applicant shall pay park -in -lieu fees in effect at time of building permit issuance. 35.The Management Company shall be established and introduced to the Community Development Director prior to the occupancy release of the first dwelling unit. ENGINEERING 36.AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 37.The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 38. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. This letter shall be submitted to the City Engineering Division prior to final map approval. 39.The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. Planning Commission Agenda Item No. 7 Page 21 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 40.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 41. The applicant shall construct signal improvements at the main entrance onto Lakeshore Drive. The signal improvements shall be operational prior to issuance of the first certificate of occupancy. If delay is caused by anything which is out of the control of the applicant, then the applicant may request to post a bond to satisfy the construction of signal improvements. 42.The applicant shall modify intersection striping at the entrance to the project and Lakeshore Drive by including a northbound left -turn pocket from Lakeshore Drive into the project. 43.The applicant shall dedicate full half width right -of -way such that the frontage along Lakeshore Drive measures 60 -feet from the road centerline to the project property line. 44.The applicant shall construct full half width street improvements along the project frontage. The improvements shall measure 48 -feet minimum as measured from the centerline of the street to the curb face adjacent to the project frontage. 45.The applicant shall construct a roadway taper at both ends of the project frontage. The taper shall have a minimum transition rate of 10:1 and shall extend from the proposed improvement north and south to the corresponding existing edge of pavement. 46. All drive aisle clear widths shall comply with Fire Department requirements. 47.The applicant shall align the main entrance with the centerline alignment of Gunnerson Street 48. Sight distance on all on -site and main entrance streets shall conform to CALTRANS requirements for sight distance. 49.The applicant shall provide a reciprocal access easement with adjacent property owner(s) for the secondary emergency access located at the west end of the project. 50. The applicant shall pay all fees and shall satisfy the requirements of the encroachment permit issued by the Engineering Division for construction of public works improvements within the existing street right -of -way (LEMC 12.08 and Resolution 83 -78). 51.All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Planning Commission Agenda Item No. 7 Page 22 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 52.The applicant shall install permanent bench marks in accordance with Riverside County Standards prior to the first certificate of occupancy. 53.The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to building permit issuance. 54.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. The Public Works Department will assist property owner with coordination of utilities for the construction of a traffic signal at the project entrance along Lakeshore Drive. 55.The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 56.The applicant shall provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 57. Street lights constructed along Lakeshore Drive shall be 22,000, HPSV. 58.The applicant shall annex into the City's Street Lighting and landscaping Maintenance District. 59.The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 60. The applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of the final certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 61.All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or the applicant shall to pay $300 per sheet for City digitizing. 62.All utilities, except electrical over 12 KV, shall be placed underground, as approved by the serving utility. 63.The applicant shall apply for and obtain a grading permit with appropriate security in a form and amount approved by the Director of Public Works prior to building permit issuance. 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 Planning Commission Agenda Item No. 7 Page 23 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 64.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 65.AII 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. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30- vertical feet. 66. Prior to commencement of large scale 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. 67. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 68. On-site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. 69.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of the site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. 71.AII drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 72.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 73. Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. 74.10 -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 installed. Planning Commission Agenda Item No. 7 Page 24, of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 75.The applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 76.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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 77. Education guidelines and Best Management Practices (BMP) related to the use of herbicides, pesticides, fertilizers, and any other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality shall be provided to residents of the development. All materials distributed shall comply with the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 78. Intersecting streets on the inside radius of a curve shall be prohibited, except when adequate sight distance is verified by a registered civil engineer. 79.Applicant shall maintain the open space, private roads and proposed drainage /debris basins. 80. 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. COMMUNITY SERVICES DEPARTMENT 81.Applicant shall pay applicable park fees unless documentation is provided otherwise. 82. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 83. The City landscape architect shall review and approve all landscaping plans. 84.The Management Company or project owner shall maintain all block walls and keep them free of graffiti. 85.All interior roads, street signs, street markings, sidewalks, and enhanced concrete shall be maintained by the Management Company or project owner. Planning Commission Agenda Item No. 7 Page 25 of 57 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 FOR LAKESHORE VILLAGE APARTEMENTS 86.Any water quality basin outlet shall satisfy all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 87. Prior to approval of final certificate of occupancy, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right -of -way for which the City will pay for 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. RIVERSIDE COUNTY FIRE DEPARTMENT 88. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and /or recognized fire protection standards. 89. Blue retro- reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. Planning Commission Agenda Item No. 7 Page 26 of 57 CITY OF LADE L LSII`IORE DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 7, 2009 PREPARED BY: KIRT A. COURY, PROJECT PLANNER PROJECT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 — LAKESHORE VILLAGE APPLICANT: CENTRAL VALLEY COALITION FOR AFFORDABLE HOUSING, 3351 M STREET, STE. 100, MERCED, CA 92592 OWNER: CORMAN LEIGH, TOZAI LAKESHORE, LLC., 32823 HIGHWAY 79, TEMECULA, CA 92592 Project Request The applicant is requesting approval of Tentative Parcel Map No. 36017 and Residential Design Review No. 2007 -12 to allow for the design and construction of an affordable housing project consisting of nine (9) residential apartment buildings, which will include approximately one hundred and twenty eight (128) units, one hundred twenty six (126) of which will be affordable, one (1) recreation /community center building, and related improvements. The proposed project is located within the Lakeshore Village Specific Plan and within Rancho Laguna Redevelopment Project Area No. ll. Environmental clearance for the proposed project is provided by Mitigated Negative Declaration No. 2003 -03, which was approved by the City Council in October 2003. Review is pursuant to the applicable Chapters of the Lake Elsinore Municipal Code (LEMC) and the Lakeshore Village Specific Plan. Proiect Location The project is located on the south side of Lakeshore Drive between Viscaya Street and Machado Street (APN: 379 - 230 -001) within the boundaries of Rancho Laguna Agenda Item No. 7 Page 27 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 Redevelopment Project Area No. II. A vicinity map is attached identifying the project location. Environmental Setting EXISTING ZONING GENERAL.PLAN LAND USE Project Vacant Attached Lakeshore Village Site Residential /Community Specific Plan Residential Flex (AR) /CRF Lakeshore Village Specific Plan North Vacant Neighborhood Commercial (C- Low Medium Density South Existing 11 Medium Density Residential Medium High Density Medium Residential (R -2) Residential Density Residential (R -2) East Single - Family Lakeshore Village Specific Plan Lakeshore Village Residential (Detached Residential) Specific Plan West Single - Family Commercial Park (CP) and Medium High Density Residential Hi h Density Residential (R -3) Residential Background In March and April of 2007, the Planning Commission and City Council approved Tentative Tract Map No. 34837, Conditional Use Permit No. 2006 -12 and Residential Design Review No. 2006 -18 approving a residential condominium project identified as Lakeshore Village Townhomes. Public comments and discussion at the public hearings held on Lakeshore Village Townhomes related to site design, architecture, and potential impacts on neighboring properties. The applicant has revised the proposed project and is now submitting a multi - family affordable housing project. It should be noted that the applicant has conducted two (2) neighborhood meetings to address any new or previously mentioned concerns relating to the project. The meetings were conducted on March 5, and April 3, 2008, respectively, for the purposes of informing those adjacent property owners of the new project submittal. The applicant described the project and presented the site design and architecture. It was also noted that the project is proposed as a multi - family affordable housing project. General questions were raised regarding site design and the potential development. Attached for the Planning Commission review is a copy of the flyer and information distributed to the adjacent property owners regarding the project and neighborhood meetings (Exhibit'F') Agenda Item No. 7 Page 28 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 The project was noticed and scheduled for the May 6, 2008 Planning Commission meeting. However, the item was continued off calendar so that the applicant could address site and building design issues. Since the project continuance, Planning staff has worked successfully with the applicant to prepare a development proposal that incorporates additional landscaping improvements and building design and architecture. Planning staff has determined that these improvements satisfactorily address the items of concern relative to site design, architecture, and impacts on neighboring properties. Proiect Description Affordable Housing With the exception of approximately two (2) manager's units, all units in the project will be subject to affordability covenants restricting occupancy and rent to very-low, low, and /or moderate income tenants. By providing these affordability covenants to the benefit of the Redevelopment Agency of the City of Lake Elsinore (the "Agency "), the restricted units will more than satisfy the project's inclusionary affordable housing requirements under the California Redevelopment Law and will further the Agency's objective to provide affordable housing to all economic segments of the community. Tentative Parcel Map No. 36017 The applicant requests approval of Tentative Parcel Map No. 36017 to establish a residential apartment community within the Attached Residential (AR) and Commercial /Residential Flex (CRF) area of the Lakeshore Village Specific Plan. Parcel Maps are defined as "subdivisions" pursuant to Sections 66424 and 66427 of the California Subdivision Map Act. Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" and the Lake Elsinore Municipal Code (LEMC) (Exhibit `B'). Residential Design Review No 2007 -12 The following describes the various design components and features of the proposed Lakeshore Village project including: siting, circulation and parking layout, landscaping, monumentation, walls and fences, and architecture. Siting The applicant is proposing to develop the vacant site with nine (9) two -story detached residential buildings, and one single -story recreation building totaling approximately 122,480 square feet. Exhibit 'A' identifies the project's Site Plan. The proposed buildings will cover twenty percent (20 %) of the project site and will be developed at a maximum density of eighteen (18) dwelling units per net acre. The project site is designated AR /CRF by Lakeshore Village Specific Plan, which establishes a maximum Agenda Item No. 7 Page 29 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 residential density of eighteen (18) dwelling units per acre. It should be noted that the Lakeshore Village Specific Plan identifies the Commercial /Residential Flex land use along the Lakeshore Drive frontage. Since the CRF use is not being implemented as part of the project, the residential option can be exercised with a maximum density of eighteen (18) dwelling units per acre. The buildings will consist of five (5) sixteen -unit apartment buildings, four (4) twelve -unit apartment buildings, and one (1) recreation /community center building. The units will range in size from 640 square feet to 1,076 square feet. The units will include a mix of one (1), two (2), and three (3) bedrooms units, 1 -2 baths, a living room, dining room, kitchen, and laundry room area. The buildings have been strategically situated at varied orientations along the Lakeshore Drive frontage and throughout the central portion of the project site. One building and the proposed recreation center building are located along Lakeshore Drive. Significant streetscape improvements are also proposed along Lakeshore Drive to improve Lakeshore Drive's overall appearance. Further, the project has been designed to create a courtyard arrangement of buildings, which have been aligned to create recreation and open space areas in the front of each residential building and direct pedestrian linkages to the parking areas. The common areas will provide easy pedestrian access throughout the site and to Lakeshore Drive, as well as providing opportunities for residents to enjoy the outdoor environment. Circulation and Parking Layout Pavement will cover thirty six percent (36 %) of the site. Access will be provided via a twenty eight foot (28') drive entry from Lakeshore Drive and a twenty five foot (25') gated entry at the "rear" portion of the site, which connects to an existing access road from Woodcrest Drive. The "rear" gate will provide secondary fire access to the community. The primary drive aisle loops the perimeter of the project with uncovered and covered surface parking on either side; the buildings are arranged around this drive aisle. The drive aisle serving the site is a private street and will be maintained by the property management company. The project provides one hundred and twenty four (128) covered parking spaces and one hundred and sixty two (162) open parking spaces for a total of two hundred and eighty six (286) parking spaces. It should be noted that the Specific Plan requires two hundred and eighty (280) parking spaces. Handicap parking will be provided as well; allowing for disabled access to the recreation center area as required by the Building and Safety Division. The total number of parking spaces exceeds the Lakeshore Village Specific Plan and Lake Elsinore Municipal Code (LEMC) requirements. Agenda Item No. 7 Page 30 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 Landscaping The project will provide a total of 114,800 square feet of landscaping throughout, or thirty -five percent (35 %) of the project site. The common landscaped area will be maintained by the property management company (Exhibit 'D'). "Green" courts with pedestrian walkways will be provided between the buildings. Landscaping includes assorted ground cover, shrubs and trees. The pedestrian walkways throughout the community will be augmented with turf, ground cover and various shrubs and trees. To help ensure that the proposed two -story buildings do not encroach on the privacy of residents within the adjacent mobile home park, the project includes property line building setbacks of at least 48 feet. Significant landscaping is also proposed along the perimeter of the site to provide visual screening. Monumentation. Walls and Fences Monumentation will be provided near the project's entry along Lakeshore Drive to identify the proposed Lakeshore Village community. The monumentation will be designed to be consistent with other monumentation features within the Viscaya /Lakeshore Village area. Six -foot (6') masonry walls will be located along the perimeter of the property. Architecture Three (3) distinctive architectural styles are offered for the proposed buildings; Craftsman, Santa Barbara, and Italian. The Craftsman architecture is characterized by simulated wood out - lookers, wood siding at gables, stone veneer, pot shelves, ledger stone veneer accents, flat concrete tile roofs, stucco sand - finished walls, stucco - finish decorative foam surround door and window trims, and wood trim surround along siding. The Santa Barbara architecture is characterized by concrete "S" tile roofs, decorative pipes, curved archways, recessed windows, decorative iron, and vents. The Italian architecture is characterized by flat concrete tile roofs, stone veneer, simulated wood shutters, pot shelves, recessed window accents, stucco sand - finished walls, stucco - finish decorative foam surround doors and window trims. Exhibit 'E' identifies the building elevations and floor plans. Analysis Staff supports the requested applications for the following reasons: Agenda Item No. 7 Page 31 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 Tentative Parcel Map No. 36017 City Planning and Engineering staffs have reviewed the proposed tentative parcel map. With the attached conditions of approval, staff supports the Project. The proposed tentative parcel map is consistent with development standards contained in the Specific Plan document in terms of lot size, street widths, and other Planning and Engineering standards and requirements. The tentative parcel map area is located within Attached Residential (AR) and Commercial /Residential Flex (CRF) areas of the Specific Plan. The AR /CRF designation permits multi - family attached residential product. The proposed project is consistent with the AR /CRF designations. The tentative parcel map is consistent with Sections 66424 and 66427 of the California Subdivision Map Act, and Section 16 "Subdivisions ". Residential Design Review No. 2007 -12 City Planning and Engineering Staff have reviewed the requested Design Review application and have no concerns. Staff believes that those design amenities and features associated with the project's siting; circulation and parking layout; landscaping; monumentation, walls and fences; and architecture have resulted in a well- designed project. Staff believes that the project is compatible with the overall Lakeshore Village Specific Plan area and those existing and future developments that neighbor the project site. Environmental Pursuant to and consistent with the California Environmental Quality Act, (CEQA), environmental clearance for the proposed project is provided by Mitigated Negative Declaration No. 2003 -03, which was approved by the City Council in October 2003. No further environmental clearance is required for this project. The project site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. A Joint Project Review with the RCA was not required; however, the project was reviewed pursuant to Section 6.0 "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria and the following "Plan Wide Requirements ": Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban=ildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). Agenda Item No. 7 Page 32 of 57 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP NO. 36017 AND RESIDENTIAL DESIGN REVIEW NO. 2007 -12 APRIL 7, 2009 Recommendation It is recommended that the Planning Commission adopt Resolution No. 2009 - recommending that the City Council adopt findings that the project is consistent with the MSHCP; Resolution No. 2009 - recommending that the City Council approve Tentative Parcel Map No. 36017; and Resolution No. 2009 - recommending that the City Council approve Residential Design Review No. 2007 -12 based on the Findings, Exhibits and proposed Conditions of Approval. PREPARED BY: APPROVED BY: ATTACHMENTS Vicinity Map. Kirt A. Coury, Project Planner Tom Weiner, Acting Director of Community Development 2. Planning Commission Resolutions. Conditions of Approval. 4. Exhibits: 'A': Site Plan 'B': Tentative Parcel Map No. 36017 'C': Preliminary Grading Plan D': Landscape Plan E': Building Elevations & Floor Plans 'F': Neighborhood Meeting Information Fliers and Minutes 'G': Full Size Plans H': Colored Site Plan (presented at hearing) 'I': Colored Building Elevations (presented at hearing) 'J': Color and Materials Board (presented at hearing) Agenda Item No. 7 Page 33 of 57 3hMO3NOHS3NVl - I- I I m I m, wa m mNe u u PF. -moo Naa mmNm mrvov -_ � IunnL nnn� j I � m -o a ,m a 008 o o mm °a °�av I , w m'o zaaog F_rm� ruo�, jl I �U mm j.Im mmm I'' v n�m v QQ° II as ov xxx I, i ol. - om o mwww w dmu I :5 Qw ooa - � l() NF T CPS ?zuu W min elf F OF zm ro rcw � 5 (n Oz Q2 � U o, m. m! I I U ' 2 1 . 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U ^v Abenda Item No. 7 Page 43 of 57 j tTd � c3r vF II u�£m8 O z Q J a. x O O J LL, r) z 0X (f) d Cd ' i C4 N Lx U- Q O z 0 J 0] O �_ N N � Y L � O in N x J c rn o c ++ N u :3 U O 0 = mn 8. L # Ovm N t,yV Q � C LFv u LLmi W�genda Item No. 7 Page 44 of 57 N I Ill M u0 z 4 J D. O O J LL z OX W ,WJ U) CL cd ' F- N N !Y 0] O z 0 _J m t:?r7 -in s a`0 Qa� m W C L 0 i� I. Q U 0) 0 t6 m Y L W O J JC N N x c M o c m 0 O= U m N .o i arvy L �m Ovm w.. v C Lfv U IL"° Abenda Item No. 7 Page 45 of 57 r7 ,9 -,09 i7 z Q J ry O O J LL. 0 Z Ox y(/) Q. W � F-. N � c- LL U Z 0 J_ 5 M t?wl eo�"s ory a_h�z L O Ja W N x ca L O Y- U L O LU N Y J c rn o c N O o= U� ms m awe L �m � dm Y Qy�U C N 0m2 . ; U LL m 2 Agenda Item No. 7 Page 46 of 57 Ce . xL VZ-9 CoA.(,� Tor �4 ordaLLe ffotlS.iKq February 28, 2008 Dear Neighbor, Central Valley Coalition would like to invite you to a neighborhood meeting scheduled for Wednesday March 5h, 2008 at 7:00pm to be held at the Best Western Lake View Inn & Suites located at 31781 Casino Dr. Lake Elsinore, CA 92530. We would like to discuss with you the proposed residential development for the seven & a half acre site located east of Lakeshore Drive at the intersection Lakeshore Drive and Gunnerson Street in your neighborhood (proposed residential development). Refreshments will be served. We are interested in hearing and discussing the proposed new development with the community. We welcome your input regarding how we can make this residential community an excellent addition to your neighborhood. The focus of the discussion will be a proposed residential community providing 128 units of affordable rental housing to income qualified individuals and families. More specifics including site plan and proposed building designs will be available for your review and discussion. Representatives from Central Valley Coalition and DalyOwens Group, the professional consulting firm for the project, will be available to answer questions. We look forward to meeting with you and sharing this exciting new project with the community. If you have any questions prior to the meeting, please contact me at (209) 388 -0782 ext. 4302. Sincerely, Ghriotina Alley Project Manager 3351 "M" Street Suite 100 Merced California 95348 (209) 388 -0782 Office - (209) 385 -3770 Fax Agenda Item No. 7 Page 47 of 57 Lakeshore Village Apartments Community Meeting #1 Meeting Date: March 5, 2008 Time: 7:00 PM Location: Best Western Motel (31781 Casino Drive, Lake Elsinore, CA) Participants Development Team DalyOwensGroup Central Valley Coalition Community Members Marie Newman Sandie Devine John Boggs Melissa Odonnell Meeting Minutes DalyOwensGroup gave a summary of the proposed Lakeshore Village project. Topics covered included: 1. Project Setting/History of prior entitlements 2. Project details: architecture, site planning, landscaping, affordable housing criteria, maintenance, and proposed construction schedule The Community Members asked a number of questions about the project and provided a number of comments. The majority of the questions centered around the relationship of the project to the adjacent mobile home park and the requirements for affordable housing projects (financing requirements, maintenance requirements, and qualifying income levels). Two residents (Marie Newman and Sanndie Devine) were from the adjacent mobile home park and thus were concerned about residents looking down into the backyards of the adjacent mobile home residents as well as the overall pace of development in Lake Elsinore. The prior approved project and the proposed project were compared to show the significant increase in building setbacks along the property line adjacent to the mobile home park. The residents responded favorably to the proposed setbacks. The residents were also concerned with view preservation, but noted that the Viscaya development had already eliminated their view of the mountains. Mature trees were requested along the Agenda Item No. 7 Page 48 of 57 project's western property line to provide screening. The residents did not oppose the two -story elevations proposed as part of the Lakeshore Village Apartment project. It was explained to the residents that the project was previously approved for 132 townhouses as part of the Lakeshore Village Specific Plan. There was an overall interest in seeing good looking and well maintained development continue along Lakeshore Drive to improve the overall neighborhood. The community members liked the landscaping that had been constructed as part of the Rite -Aid shopping center and were in favor of the project proposed landscaping/frontage improvements proposed along Lakeshore Drive. Melissa Odonnell stopped by briefly to gather information on the project. She owns a rental property along Lakeshore Drive was supportive of the project. The community members expressed concerns over the level of crime in some of the adjacent neighborhoods and wanted assurance that the proposed project would not exacerbate that situation. Agenda Item No. 7 Page 49 of 57 1 � I Ce t&eLt VVL1 Co w for Affbt -&A- [e - ({ous; March 27, 2008 Dear Neighbor, Central Valley Coalition would like to invite you to the 2nd neighborhood meeting scheduled for Thursday, April 3`d, 2008 at 7:00 pm to be held at the Hunny's Restaurant located at 31253 Riverside Drive, Lake Elsinore, CA. We would like to discuss with you the proposed residential development for the seven & a half acre site located east of Lakeshore Drive at the intersection Lakeshore Drive and Gunnerson Street in your neighborhood (proposed residential development). Refreshments will be served. We are interested in hearing and discussing the proposed new development with the community. We welcome your input regarding how we can make this residential community an excellent addition to your neighborhood. The focus of the discussion will be a proposed residential community providing. 128 units of affordable rental housing to income qualified individuals and families. More specifics including site plan and proposed building designs will be available for your review and discussion. Representatives form Central Valley Coalition and DalyOwens Group, the professional consulting firm for the project, will be available to answer questions. We look forward to meeting with you and sharing this exciting new project with the community. If you have any questions prior to the meeting, please contact me at (209) 388 -0782 ext. #302. Sincerely, Christina Alley Project Manager 3351 "M" Street Suite 100 Merced California 95348 (209) 388 -0782 Office • (209) 385 -3770 Fax •TTY: 1- 800 -735 -2929 Q Agenda Item No. 7 Page 50 of 57 Lakeshore Village Apartments Community Meeting #2 Meeting Date: April 3, 2008 Time: 7:30 PM Location: Hunny's Restaurant (31253 Riverside Drive, Lake Elsinore, CA) Participants Development Team DalyOwensGroup Central Valley Coalition Community Members Steven Allen Jackie Losey Noeun Peang Tom Daly Meeting Minutes DalyOwensGroup gave a summary of the proposed Lakeshore Village project. Topics covered included: 1. Project Setting/History of prior entitlements 2. Project details: architecture, site planning, landscaping, affordable housing criteria, maintenance, and proposed construction schedule The Community Members asked a number of questions about the project and provided a number of comments. The majority of the questions centered around the requirements for affordable housing projects (financing requirements, maintenance requirements, and qualifying income levels). The community members requested that any proposed walls along Lakeshore Drive be planted with vines to help solve the graffiti problem. There was an overall interest in seeing good looking development continue along Lakeshore Drive to improve the overall neighborhood. The community expressed concern over the typical "unkepf'look of some affordable housing projects and thus a number of questions were asked about the maintenance requirements for landscaping and the buildings. The community expressed concern over traffic along Lakeshore Drive and thus supported the stop light proposed at the Lakeshore Drive /Gunnerson Street. The lack of jobs in Lake Elsinore was also identified as a problem contributing to commuter traffic. Agenda Item No. 7 Page 51 of 57 The community members expressed concerns over the level of crime in some of the adjacent neighborhoods and wanted assurance that the proposed project would not exacerbate that situation. The community members were willing to support the project provided that it was attractive, well maintained, and helped to improve the adjacent neighborhoods. Agenda Item No. 7 Page 52 of 57 a. February 17, 2009 b. March 3, 2009 c. March 17. 2009 Recommendations: Approve was motioned by Commissioner Mend ?proving the Minutes from February 17 The%Ilowinq vote resulted: and seconded by Cc 19, March 3, 2009 ar YES: CHAIRMAN ZANELLI COMMISSIONER GO \ COMMISSIONER ME COMMISSIONER O'N NOES: \ ABSENT: ABSTAIN PUBLIC HEARING(S) 2. Tentative Parcel N "Lakeshore Villag between Viscav Recommendations: I•[6019 VICE - CHAIRMAN FLO E Adopt ars'= tiorir mmending City Council make Findings that the Project iS consisten�Y , the i- pecies Habitat Conservation Plan (MSHCP), and dopt a resole, z reco ending City Council approve Tentative Parcel Map 36017, an C. A a a resolute approving Residential Design Review No. 2007 -12 for the Lakew e Villas Apartments. Chairman the Public Hearing at 6:03 p.m. Planning Consultant Coury provided a presentation to the Commission. He stated the project is considered an affordable housing project which consists of a nine building two -story project to include a recreation center. He advised the Commission that the applicant is available to answer any questions the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Agenda Item No. 7 Page 53 of 57 Manny Gonzales, representing KTGY Architects Group thanked staff for their help. He advised the Commission that the prior plans were considered, however, they were not designed as they had wanted. He stated his client accepts all of the Conditions of Approval with the exception of the construction time as they would like to end at 7:00 p.m. during daylight savings time. Abraham Mahgerefteh, resident of Huntington Beach and property owner of adjacent parcel expressed his concerns with the drainage of water on to his property. Chairman Zanelli requested Public Works Director/ Engineer Seumalo to address Mr. Mahgerefteh's concerns. Public Works Director /City Engineer Seuma addresses the drainage concerns by establish' a Condition number 69 further states all n. ral d conveyed through the site, or shall b - ecte approved by the City Engineer. Chairman Zanelli suggested to Public Works Director /City Eng issues. Commissioner O'Neal suggested any issues. 11 Public Works suggestion. to number 67 He indicated ;ite shall be method in contact with the City's e observes any drainage to the site to check out agreed with Commissioner O'Neal's Elbert MR ident ahei roperty owner of an adjacent parcel spoke of h ncern he e - ency exits for the proposed project. He indicated he hps the emerg gate L> be operational at the time that the project is Manny Ir alez rep[ they are only required to provide one second exit. He stated his I t is pr 8 red to work with the adjacent property owner to provide something at r • e. Elbert Smith sta' ed it is his conclusion that the alignment of the road near the rear of the project may not line up with the emergency exit. He indicated he has a difficult time understanding why the applicant would put this off to a later date and not handle now. Carl Rossman, adjacent property owner spoke of a wall that would be constructed which brings concern with graffiti issues and hopes something could mitigate any possible graffiti incidents. He also indicated the current wall has a crack in it and wanted to know if it would be fixed before it collapses. Agenda Item No. 7 Page 54 of 57 Chairman Zanelli closed the Public Hearing at 6:26 p.m. Manny Gonzalez responded to the concerns of the wall. He stated he believes a wall would be constructed which is off -set from the existing wall. He stated, the wall would be terraced and landscaped and would make sure there would be no further damage to the existing conditions. Commissioner Gonzales inquired the distance between the a fisting wall and the wall that is purposed. Manny Gonzalez stated it could be three feet. Commissioner Gonzales asked what would go Manny Gonzalez replied what ever is Planning Consultant Coury directed the Ct Master Plan which was included in the s Commission the retaining wall condition which Commissioner O'Neal spoke of t emergency exits. He asked staff w w' if it was not required. Planning Consul re in discus concerns with a sec ary acces He stated the app t is __,wing good owner to provide a .- .o em( are in the as shru o review t W. Landscape t. He pointed out to the the wall to be landscaped. Mr. Smi< �eifited out regarding the mergencyf exit included in the plans with the applicant Mr. Smith had in order to prevent being landlocked. y working with the adjacent property vehicle access from his property the project would commence. ction would commence as soon as the tax credits asked how the rent is based. Manny Gonzalex7replied, it is all State regulated. Deputy City Attorney Winterswyk stated, the rents are determined based on a percentage that is set according to law as set forth in the Health and Safety Code. Commissioner Mendoza spoke of the request from the applicant regarding the start and ending time. He stated he is opposed to changing the times because the local residents may have issues with the excess noise. Agenda Item No. 7 Page 55 of 57 Chairman Zanelli concurred with Commissioner Mendoza on changing the start and ending times of construction however indicated he appreciates the applicant trying to get this project completed in a timely fashion. Commissioner O'Neal also concurred with the hours of the project. A motion was made by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -26, recommending to the City Council adoption of Findings that the project is consistent with t, e Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GC COMMISSIONER COMMISSIONER, NOES: NONE ABSENT: VIC ABSTAIN: NONE A motion was mad Mendoza to ado. :,f approval of Ten& The followinq vote /0 No. p No. FLORES NER GONZALES NER MENDOZA NER O'NEAL NE VICE - CHAIRMAN FLORES ABSTAIN: NONE seconded by Commissioner ending to the City Council A motion was made by Commissioner Mendoza and seconded by Commissioner O'Neal to adopt Resolution No. 2009 -28, recommending to the City Council approval of Residential Design Review No. 2007 -12. The following vote resulted: Agenda Item N�ge c Item No. 7 Page 5 JWe 56 of 57 AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: VICE - CHAIRMAN FLORES ABSTAIN: NONE BUSINESS ITEM(S) 3. Recommendation: By menu action, cll O �t e � regarding Uniform Sign Progra No. 2008 -0' Commission voted to approve U 'form Sign Prog January 20, 2009 Planning Co fission staff re" request to make modifications to emersion of the ng Community Development fining Consultant Coury w taken on an >:J&* O, 2008, A major o e Planning �. 2008 -02 a attached to the and to deny a applicant's u : d this item and dicated rview of the item o the Planni Cons t Cou Vindicated on Ja uary 20th the Planning Commissi heard a item re d to s the Lake �; e t Market Place which one of the application associa �` _ ' ct a U \squa n Program. He stated, at the me ef "' plica oug a proodified or amend the sign pro . m at the > g. ated the Commisagainst their proposal for th - odification doin t ' entire sign as voted no. He stated sta bringing the' use cleaning larification that the sign progr . as to be a d at ratio of 1 to 1 of footage. Commissio "` Mendo pointed out a correctio n to the tall report under the minutes from J a 20t" meeting. He indicated that would like staff to research the mo or the ne Changes. Act g Community Developmen irector Weiner responded by indic \in ff would chec the audio tapes to confirm t motion. Chairma Zanelli stated the issue ton' ht is the sign program and t was to vote no for a modification of the sign a d not the sign program. A motion was \made by Commissioner Mendoza clarifyN a majority of the Plan and seconded by Commis loner emission's vote approving Um rm Agenda krn No. 7 Page 57 of 57