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HomeMy WebLinkAbout2009-11-24-CC Item No.9 CITY OF LAKE OLSINME �., DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 24, 2009 SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 FOR THE "BROADLEAF & SILVERTHORNE" PROJECT AREAS WITHIN THE CANYON HILLS SPECIFIC PLAN Background At a regularly scheduled public hearing on October 20, 2009, the Planning Commission approved Amendment No. 1 to Residential Design Review No. 2006 -13, allowing the applicant to replace previously approved "Broadleaf" single family residential home product with previously approved "Silverthorne" product by Pardee Homes, within Planning Area 29 of the Canyon Hills Specific Plan. The "Broadleaf" product includes the construction of 106 residential units with three (3) different single family detached plans ranging in size from 2,300 square feet to 2,700 square feet. "Silverthorne" involved the approval for the construction of 135 residential units with four (4) different single family detached plans ranging in size from 1,630 square feet to 2,360 square feet. The applicant is proposing to replace forty (40) of the 106 "Broadleaf" sites with the "Silverthorne" product. Amendment No. 1 includes a project description of the proposed changes, On September 15, 2009, the project was originally reviewed by the Planning Commission. Approximately eight (8) residents living in the immediate area attended the meeting. The residents expressed concerns with the reduction of square footage of the proposed homes and claimed that they were not properly informed or notified of the project. The Planning Commission elected to continue the project off calendar to allow residents more time to gather information concerning the project, and allow the applicant to conduct further outreach. Following the September 15, 2009 Planning Commission meeting, the applicant coordinated and conducted a neighborhood meeting with the surrounding residents. CC November 24, 2009 Item No. 9 Page 1 of 75 Amendment No. 1 to RDR 2006 -13 November 24, 2009 Page 2 The meeting was held on October 5, 2009. Approximately seven (7) people attended the meeting. Many of the previously mentioned concerns were expressed and discussed at the identified meeting (product size, placement, architecture, etc.). Some of the attendees at the neighborhood meeting also expressed satisfaction with the proposed project. It should be noted that the neighborhood meeting was scheduled and coordinated by the applicant. Unfortunately, during the notification process for the neighborhood meeting, the residents who attended the Planning Commission meeting were not informed or provided a flyer of the neighborhood meeting until the day of the meeting. The applicant did make an attempt to have a meeting with the residents who were not notified on the day of the Planning Commission hearing, however, the notification was too immediate and many of the residents indicated that they were at work or out of town. The neighborhood meeting flyer, sign in sheet, minutes and exhibits as well as the mailing labels used for the neighborhood and Planning Commission meetings are attached for reference as part of the Planning Commission report attachments. Project Location The Canyon Hills Specific Plan area is located within the eastern boundaries of the City of Lake Elsinore and east of the 1 -15 Freeway (Vicinity Map). The "Broadleaf' area is defined by the Specific Plan as Planning Area 29 and the "Silverthorne" area is defined by the Specific Plan as Planning Area 30B. Both Planning Areas are reflected on the identified map. Discussion The Planning Commission heard the staff report and took testimony from eight (8) individuals including the applicant, Mike Taylor of Pardee Homes. The applicant and one (1) resident spoke in favor of the project. Five (5) residents spoke against the project, and one (1) resident stated that he was originally against the project but now no longer objects. It should be noted that the applicant submitted a petition signed by supporters of the project at the Planning Commission meeting and (Attachment 3). Those who spoke in opposition of the request cited concerns regarding a smaller square footage home being constructed in the immediate vicinity (smaller and different than what was originally approved), and the "lack" of noticing and information extended to the existing residents by Pardee Homes. In addition, the residents opposing the project signed and submitted a letter dated October 19, 2009 (Attachment 4) at the Planning Commission meeting identifying similar issues. Meeting minutes are also included (Attachment 6) for the City Council's reference. Commission Deliberation Commissioner Flores spoke in support of the project and noted that approximately 40 of the originally approved 106 Broadleaf lots would be replaced with the Silverthorne CC November 24, 2009 Item No. 9 Page 2 of 75 Amendment No. 1 to RDR 2006 -13 November 24, 2009 Page 3 product. Commissioner Flores also asked the applicant to construct the larger Silverthorne units closest to the Broadleaf products. Commissioner Mendoza asked questions relative to the phasing of the proposed project and existing projects. Commissioner Mendoza also noted that disclosure statements identify that the builder has the right to change the product in this area if they so choose. Commissioner Zanelli stated that he supports the project. He also made a comment regarding the disclosure statement that Pardee Homes provides to all new residents purchasing a home. Vice Chair Gonzales stated that he supports the project. He asked if the Pardee sales office has a record of the new addresses once the home is sold. He directed Pardee to consider using that list for future notification of projects to new residents. Chairman O'Neal stated that he supports the project. He also asked the applicant what would replace the "Broadleaf" product/lots should the amendment not get approved. The applicant stated that the Tots would remain undeveloped. At the conclusion of the public hearing, the Planning Commission approved the following Resolutions by a unanimous vote: • Resolution No. 2009 -50 adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP) • Resolution No. 2009 -51 approving Amendment No. 1 to Residential Design Review No. 2006-13 Recommendation 1. Consider the appeal and either uphold the Planning Commission's decision to approve Amendment No. 1 to Residential Design Review No. 2006 -13; or 2. Overturn the Planning Commission's decision and deny Amendment No. 1 to Residential Design Review No. 2006 -13 Prepared by: Kirt A. Coury 4 Project Planner Reviewed by: Tom Weiner_ l t 1 Acting Director of Community Development Approved by: Robert A. Brady 1 V; City Manager CC November 24, 2009 Item No. 9 Page 3 of 75 Amendment No. 1 to RDR 2006 -13 November 24, 2009 Page 4 ATTACHMENTS 1. Vicinity Map 2. Appeal (Michael Wagoner) 3. Petition of Support for Pardee Homes 4. Opposition Letter dated October 19, 2009 5. Planning Commission Staff Report, Resolutions, and Exhibits from the October 20, 2009 Meeting. 6. Draft minutes from October 20, 2009 Planning Commission Meeting. CC November 24, 2009 Item No. 9 Page 4 of 75 .N 4. s • .. ' • .4 . .....N. ,-e-mr •• ' " 411)c 0 • ; 4,06' {. . Illii o �ccc W K F I . a e e c e Z m O Z vo a - p. CC W I oGa vvcR ' �' ".♦ ,. O a O • ce ' �� • Q O O j Z > N...2w • I. Q W ca »' • + F- �O O Z Z t- La it 0 Sil W4 B:, * Ea Is e O. NI Owe . Y 0 U 44490 4 1 . ( . ' ; 5'o;e d . Q -J o • t7i ° : y, ' �— P c.> > V • H , "' t e e ` - 4 ° v cc " / • - W Q W � t- m 11. c.'fo 171 n OC CC `} - c0. a t I r j D 7 VI K to • /ti pO'r `�q m - W Z ►�l cr.:aais`' i WO �N U O 4. Ce U 11 r• • U W Q 0 CC ' AI- ‘ ,44 - .:T's,' ..:..\--."' 1-- terl o s= o , 2 --w.... 1/ I C: 5 . . ... C ' . . ‘ O ° iffiEl, ----- ` 1 , \ .. cor + .2 n000e' M wi I -jr.,?:. OP964, cAp JO �^.. =� . co o� 7.::47 ,�._ 4 I .cc °'o4 °��_ a ' a�a:iof- e .. -\- Canyon Can y .Hillsi CC November 24, 2009 Item No. 9 Page 5 of 75 CITY OF For Official otttivED E Dat LA _ I�. 2.11 LS INO I E Date Received:, ern ,,,, ' DREAM EXTREME. NOY 3 RECD �. !' Received By: 0 9 City Clerk's Office CITY CI.EE S CIE 130 S. Main Street, Lake Elsinore, CA Date Fee Paid: (951) 674 -3124, Ext. 269 APPEAL OF PLANNING COMMISSION ACTION FORM ►Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 days of a Planning Commission decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. Ap • licant Information Name: tylicji ktE L. wii 6o E 2 Date: JO "tz-vo Mailing Address: 3 5 C/i-i-vi EC / 1J i? S Z!x r✓ E T l City: 4 E E7-S kv oK E State: C/1 Zip Code: 9253 Z Phone No.: ( 9 5 0 -a L tH ` q ( 1 ‘ 0 Fax No.: Subject of Appeal Information Subject of Appeal: 4 E -- t No. / 7U 4 ES, fl F$7(w xc ✓,e No 749 -(3 Project No.(s): 2 0 J G- / 3 Project Applicant: Pit2o eE Nofrlet eS Project Location: Cft noi v ti Hit_ L$ Date of Planning Commission Action: (0 -2_0 - 09 I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. Ffti t/zC '7v 4,/zar 7 /l -+ -ET i✓ /T?-/ f 0 ,6 -5"f' fh f4 f 0 f M/ef'®f b " A 4 ,,, tik- - D AI, E t_.. 17 7 /E flGk.— Cy,,....-, Fez 5' /K- / s2 Tee 6-79-, 15y 1 t j/ e' E S . c2e: g.6 /,JJ Signature: 1 ------,..7 ' '1.,_--,P (Y: November 24. 2009 Item No. 9 Page 6 of 75 CITY OF ,ate DEPOSIT /FEE RECEIPT CITY CLERK'S OFFICE LAI(E� LSI NODE 130 SOUTH MAIN STREET --' LAKE ELSINORE, CA 92530 P 951.674.3124 F 951.471.1418 Name _IC_ te_ Phone( ) Date It' 3 • 4A1 Address 3L i S i Co NA -e,( City /State /Zip Le Description Ian ' as ': ,. ,e •- �.r s 3 Copies ($2.50 first page,.25 for each additional page) No. of pages (CP) $ Notary Services (OR) $ Postage , (FM) $ Misc. Revenue (MR) $ Acct. No. • Other $ Due to City Policy - fees must be collected for copies given o the Public. The amount of is due to the City of Lake Elsino for the items you requested and were given on . Please send check or ' oney order to: CITY OF LAKE ELS ORE 30 SOUTH MA 1 STREET LA ELSINO' CA 92530 ATTN: IT LERK'S OFFICE qq 3 r You may make your check payable to e City Lake Elsinore. Yo4j 15 (fifteen) days fronn today's date to remit fun • • the above ' addr If a ' payment is not received by our account will be , iven top ur Finance O pArtment and forwarded to an outside Col •ction Agency. REGARDS. CITY CLERK'S OI'FICE CITY OF LAKE ELSINORE `' PAID Nov - os L e.- CC November 24, 2009 Item, No Page 7of7,5 We support Pardee Homes in continuing construction of new homes in Foothill Village of Canyon Hills. Name Address Phone 11 0;yot) /ti c 1-u �ft}1S ‹k_i/(7 ffot,(.4_ 4 01AA.t.t, 6 m, &(:),..r s S I C� 1 e C,,S S DO( \O LKAW} I Tr •-) 6 -'14 GL ' turtve046 3e.c<,/e7 CC November 24, 2009 Item No. 9 /R1L Page 8 of 75 We support Pardee Homes in continuing construction of new homes in Foothill Village of Canyon Hills. Name Address Phone # 1 r r vk-c I mftetA rooa Avr4 Soso -e�Ss 1 44 Jok-A kak- 17 a 6c(L)04 Q. . OfAk CC November 24, 2009 Item No. 9 Page 9 of 75 19 October 2009 To: City of Lake Elsinore From: Homeowners of Canyon Hills Project Area 29 Re: Residential Design Review No. 2006 -13 We the Homeowners of Canyon Hills Project Area 29 (aka Broadleaf) oppose amendment No. 1 to Residential Design Review No. 2006 -13 due to the direct and immediate negative financial impact its approval would cause us. The reasons supporting our opposition are as follows: ............... I. Broadleaf and Silverthorne are 2 distinctly different product lines and have been advertised, marketed, and prices by Pardee Homes as to reflect such. At any given time both product lines were being sold, Broadleaf has been a higher -end product and its higher price per square foot over the closest comparable Silverthorne product reflects as such. These figures can be seen in enclosed references. II. Valuations of existing homes are routinely established by factors such as price per square foot averages in the immediate vicinity, and prices of comparable sells. Therefore, infiltrating Project Area 29 with the proposed 40 lower product line Silverthorne homes and their inherent smaller square footages, lower price per square foot, and lower selling prices will most certainly negatively affect the existing home values of Broadleaf, and the financial livelihood of the families that purchased them in good faith. III. Pardee Homes has an obligation to uphold their verbal commitments made by sales staff, and written commitments as conveyed in the proposed sitemaps. Pardee Homes advertises Canyon Hills as a Master Planned Community. One of the positive attributes of purchasing a home in a Master Planned Community is the assurance that the homes built in the direct vicinity of each other will be truly comparable, supporting the value of one another. This was conveyed to each of us by the sales staff, and supported by the home site maps displayed at the sales office. IV. Canyon Hills Project Area 30 (aka Silverthorne) has over 130 graded home sites remaining to be built on. This Project Area was initially planned, developed, and approved for Silverthorne homes. Furthermore, Silverthorne homes have already been built in the earlier phases of Project Area 30. In conclusion, our recommendation as those most directly and severely impacted by this decision would be to deny the proposed amendment. We would suggest that Pardee Homes continue to build out Project Area 30 with the Silverthorne homes it was intended and approved for, rather than infiltrate Project Are 29 with the 40 proposed homes. The homeowners of Project Area 29 would ask that Pardee Homes be held accountable to CC November 24, 2009 Item No. s Page 10 of 7 build only a truly comparable home in our Project Area. Thank you for your time and consideration in a matter so important to us. Sincerely, Sia ature Street Address Lot # '1(1^'`0%-'e � I N 0 • . 34187 Camelina Street 329 34185 Camelina Street 330 34183 Camelina Street 331 34175 Camelina Street 335 34173 C:::: li Street 336 milliaMmiwzirimis 34171 Street 337 Erparglfflrg 34165 Camelina Street 340 ''��2 D 1 34163 Camelina Street 3 WNW �� 41 ��" „r 'v lE Q 0 111 34161 Camelina Street 342 ° 34159 Camelina Street 343 ���� 34157 Camelina Street 344 34155 Camelina Street 345 . , ,. ,el =� 34153 Camelina Street 346 4 - Li.� ✓ � j '!� 34160 Camelina Street 425 34162 Camelina Street 426 34164 Camelina Street 427 CC November 24, 2009 Item No. 9 Page 11 of 7v Reference 1 Silverthorne Residence Three Square Footage -2363 Price - $259,315 (includes upgraded Flooring by Creative Touch Interiors) Price per Square Foot-$109.73 Broadleaf Residence One .......... Square Footage -2293 Price- $270,390 Comparable Flooring g (cost provided by Pardee Homes Vendor Creative Touch Interiors 9 51 -308 -4370) Price per Square Foot with upgraded Flooring - $122.77 Price per Square Foot without upgraded Flooring- $117.91 • Analysis of Cost Differences $8.18 per Square Foot without Comparable Flooring $13.04 per Square Foot with Comparable Flooring $18,756.74 per 2,293 Square Foot without Comparable Flooring $29.900.72 er 2 293 S uare Foot with Com arable Floorin CC November 24, 2009 Item No. Page 12 of 7 CITY OF LAKE LSINo K � FEE DREAM EXTREME,.. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 20, 2009 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2006 -13, AMENDMENT NO. 1 FOR "BROADLEAF & SILVERTHORNE" PROJECT AREAS WITHIN THE CANYON HILLS SPECIFIC PLAN APPLICANT & OWNER: RON NUGROHO, PARDEE HOMES, 10880 WILSHIRE BOULEVARD, SUITE 1900 LOS ANGELES, CA 90024 Project Request The applicant proposes to amend approved Residential Design Review No. 2006 -13 in an effort to meet current market conditions. Project Location The Canyon Hills Specific Plan area is located within the eastern boundaries of the City of Lake Elsinore and east of the 1 -15 Freeway (Exhibit 'A'). The "Broadleaf" area is defined by the Specific Plan as Planning Area 29 and the "Silverthorne" area is defined by the Specific Plan as Planning Area 30B. Both Planning Areas are reflected on the map included as Exhibit 'C'. CC November 24, 2009 Item No. 9 Page 13 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 October 20, 2009 Environmental Setting EX��TNG L:ANDOIIN GENERAL PIAN Project Vacant/Single Broadleaf: SF2 Canyon Hills Specific Sites Family Residential Silverthorne:SF3 Plan North Vacant/Single Broadleaf: SF3 Canyon Hills Specific Family Residential Silverthorne:SF2 Plan South Vacant/Single Riverside County; Riverside County, Family Residential Mountainous Mountainous East Vacant/Single Broadleaf: OS (Open Canyon Hills Specific Family Residential Space) Plan Silverthorne: OS West Vacant/Single Broadleaf: OS and PP Canyon Hills Specific Family Residential Passive Park (CHSP) Plan Silverthorne: Rec and RM Riparian Mitigation Project Background On April 3, 2007, the City of Lake Elsinore Planning Commission approved Residential Design Review No. 2006 -13. This approval was for the construction of 106 residential units with three (3) different single family detached plans ranging in size from 2,300 square feet to 2,700 square feet for the "Broadleaf" project. In May of 2009, Staff began meeting with the applicant's representatives to review proposed alterations to the plotting of the project's single family residential product. After several meetings, Staff believed that the proposal was of sufficient quantity and effect that the applicant needed Planning Commission approval (as prescribed in the Canyon Hills Specific Plan) of an amendment to the previously approved Residential Design Review. On September 15, 2009, the project was reviewed by the Planning Commission. Approximately eight (8) residents living in the immediate area attended the meeting. The residents expressed concerns with the reduction of square footage of the proposed homes and claimed that they were not properly informed or notified of the project. The Planning Commission elected to continue the project off calendar to allow residents more time to gather information concerning the project. CC November 24, 2009 Item No. 9 Page 14 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 October 20, 2009 Following the Planning Commission meeting, the applicant coordinated and conducted a neighborhood meeting with the surrounding residents. The meeting was held on October 5, 2009. Approximately seven (7) people attended the meeting. Many of the previously mentioned concerns were expressed and discussed at the identified meeting (product size, placement, architecture, etc.). Some of the attendees at the neighborhood meeting also expressed satisfaction with the proposed project. The neighborhood meeting flyer, sign in sheet, minutes and exhibits as well as the mailing labels used for the neighborhood and Planning Commission meetings are attached for reference (Exhibit `G'). Project Description The proposal is to replace previously approved "Broadleaf' product with approved "Silverthorne" product by Pardee Homes, within Planning Area 29 of the Canyon Hills Specific Plan. As previously noted, the "Broadleaf" product includes the construction of 106 residential units with three (3) different single family detached plans ranging in size from 2,300 square feet to 2,700 square feet. "Silverthorne" involved the approval for the construction of 135 residential units with four (4) different single family detached plans ranging in size from 1,630 square feet to 2,360 square feet. The applicant is proposing to replace forty (40) of the 106 "Broadleaf" sites with the "Silverthorne" product. Amendment No. 1 includes a project description of the proposed changes, attached as Exhibit `B.' Analysis Staff finds that the proposed changes meet the minimum quality and attractiveness of the original project, which was presented to and approved by the Planning Commission. The City of Lake Elsinore Municipal Code refers to designs that create interest, provide varying vistas, and demonstrate quality and originality (Section 17.82.060). Staff feels that the applicant has suggested acceptable alternatives without the Toss of quality to the overall project design and amenities. Although there is a size reduction from "Broadleaf" to "Silverthorne" product, Canyon Hills Specific Plan Guidelines allow for the square footages proposed. Therefore, staff is in support of the proposed changes. Environmental Determination Environmental analysis and clearance for the Pardee Homes project is provided by Addendum No. 2 to the Final Environmental Impact Report for the Canyon Hills Specific Plan. Addendum No. 2 was approved by the City Council on April 10, 2007, to address changes associated with Canyon Hills Specific Amendment No. 2. In accordance with California Environmental Quality Act Guidelines Section 15162, the proposed amendment does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with CC November 24, 2009 Item No. 9 Page 15 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 October 20, 2009 development of the project were contemplated by Addendum No. 2 to the Final Environmental Impact Report, and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for this project. RECOMMENDATION Adopt Resolution No. 2009- approving Residential Design Review No. 2006 -13 Amendment No. 1 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, Project Planner Approved By: Tom Weiner," t " Acting Director of Community Development Attachments: 1. Exhibit 'A': Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Signed Acknowledgement of "Draft" Conditions Form 5. Exhibit 'B': Applicant's Description of Proposed Changes 6. Exhibit `C': Project Area Location Map 7. Exhibit 'D': Replotting Plan 8. Exhibit `E': Elevations of Approved Silverthorne Product 9. Exhibit 'F': Planning Commission Staff Report dated September 15, 2009 10. Exhibit `G': Neighborhood Meeting Information CC November 24, 2009 Item No. 9 Page 16 of 75 RESOLUTION NO. 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has submitted an application for Amendment No. 1 to Residential Design Review No. 2006 -13 (the "Entitlements "), for the replotting of a single - family residential product within the Canyon Hills Specific Plan on the south side of Canyon Hills Road, west of Cottonwood Canyon Road; and WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. 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 September 15, and October 20, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission finds that: The Project is exempt from the City's MSHCP Resolution by virtue of vested rights. On July 9, 1990, the City and Pardee - Grossman /Cottonwood Canyon entered into that that certain development agreement (the "Development Agreement'), which expressly exempted the Developer from responsibility for any new development impact fees. The Development Agreement will expire on July 9, 2010. Even though the Project is exempt from the MSHCP, the Developer must comply with other state and federal laws. Consistent with federal law, the applicant had prepared a project- specific Habitat Conservation Plan and has a history of extensive coordination with the wildlife agencies. Where approved for development, the project site has already been graded, cleared, or developed in CC November 24, 2009 Item No. 9 Page 17 of 75 • PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 2 OF 3 accordance with the Project HCP. Given the foregoing, no further action regarding the MSCHP is required. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of October 2009, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Jimmy Flores, Chairman Lake Elsinore Planning Commission ATTEST: Tom Weiner Acting Director of Community Development CC November 24, 2009 Item No. 9 Page 18 of 75 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE3OF3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of October 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development CC November 24, 2009 Item No. 9 Page 19 of 75 RESOLUTION NO. 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, APPROVING AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 WHEREAS, Pardee Homes has submitted an application for Amendment No. 1 to Residential Design Review No. 2006 -13 (the "Entitlements "), for the replotting of a single - family residential product within the Canyon Hills Specific Plan on the south side of Canyon Hills Road, west of Cottonwood Canyon Road; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Residential Design Review Amendment requests for residential projects within the Canyon Hills 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 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and 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, the 1989 Final Environmental Impact Report for the Canyon Hills Specific Plan (SCH #87111606: the "FEIR ") and the 2003 Addendum to FEIR, collectively, evaluated environmental impacts that would result from maximum build -out of the specific plan; and WHEREAS, the Activity comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of the project; and WHEREAS, public notice of the Activity 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 September 15, and October 20,2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CC November 24, 2009 Item No. 9 Page 20of75 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE2OF4 SECTION 1. The Planning Commission has considered the proposed amendment for the replotting of approved production units and has found them acceptable. The Planning Commission finds and determines that the Residential Design Review Amendment is consistent with the Canyon Hills Specific Plan. SECTION 2. The Planning Commission finds and determines that the Activity does not present any new information, circumstances, or changes to the project that was analyzed under the FEIR and the 2003 Addendum to the FEIR. The Activity does not change density or intensities of use. It simply establishes standards for the replotting of approved single family residential home product. Therefore, it is not necessary to conduct any further environmental review for the Activity. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Amendment No. 1 to Residential Design Review No. 2006 -13: 1. The Activity complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. The General Plan designates the site as "Canyon Hills Specific Plan." The Canyon Hills Specific Plan designates the site as "SF2 Single - Family Detached Residential 2 District." Tract Map No. 30494, the proposed replotting of approved production units will collectively lead to the construction of a single family residential development that is consistent with the Canyon Hills Specific Plan. 2. The Activity complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Activity is appropriate to the site and surrounding developments in that it will result in the construction of single - family detached units in accordance with appropriate development and design standards contained in the Canyon Hills Specific Plan. The Activity creates interest and varying vistas as a person moves along any street within the subdivision. The Activity 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 Activity to ensure development of the property in accordance with the General Plan, Municipal Code, and Canyon Hills Specific Plan. The Planning Commission has considered the Activity and finds that with the attached conditions of approval, the Activity comp lies with the purposes and objectives of the General Plan, Municipal Code and Canyon Hills Specific Plan. CC November 24, 2009 Item No. 9 Page 21 of 75 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE3OF4 SECTION 4. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Amendment No. 1 to Residential Design Review 2006 -13. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of October 2009, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Jimmy Flores, Chairman Lake Elsinore Planning Commission ATTEST: Tom Weiner Acting Director of Community Development CC November 24, 2009 Item No. 9 Page 22 of 75 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009 -49 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of October 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development CC November 24, 2009 Item No. 9 Page 23 of 75 CONDITIONS OF APPROVAL FOR AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13, CANYON HILLS SPECIFIC PLAN GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. PLANNING DIVISION 2. Design Review approval of Amendment No. 1 to Residential Design Review No. 2006 -13, will lapse and be void unless a building permit is issued within one (1) year of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 3. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the model home complex. 5. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tract Map No. 30494 and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 6. Future site plotting and construction within Tract Map No. 30494 shall comply with the standards and requirements of the Canyon Hills Specific Plan. Future site plotting shall be shown on precise grading plans, subject to approval by the Community Development Director or designee. 7. All architectural styles, treatments, enhancement and requirements shall comply with the original approvals associated with Planning Areas 29 and 30 B (Broadleaf and Silverthorne product). 8. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 9. 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 techniques. Interim CC November 24, 2009 Item No. 9 Page24of75 CONDITIONS OF APPROVAL Page 2 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 10. The applicant shall comply with all applicable City Codes and Ordinances. 11. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 12. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 13. The design and construction of the project shall meet all County Fire Department standards for fire protection. 14. The applicant shall prepare a Wall and Fencing Plan for the area comprising of the project area, in compliance with the fencing standards within the Zoning Code Section 17.14.130.D and the Canyon Hills Specific Plan, prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. 15. Fences located in any front yard shall not exceed three feet in height with the exception that wrought -iron fences may be five feet in height. Chain Zink fences shall be prohibited. 16. Garages shall be constructed to provide a minimum of 10' x 20' of interior clear space for two cars for a total interior clear space of 20' x 20'. 17. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Addendum to the 1989 Final Canyon Hills Specific Plan EIR. 18. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 19. These Conditions of Approval and those conditions approved with Tract Ma p No. 30494 be reproduced on subsequent building plans prior to issuance of building permit. . 20. Provisions of the City's Noise 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 Saturday, Sunday, or any Legal Holidays. 21.AII brick and /or stone veneer materials provided along the front elevations shall continue to wrap around the side elevation to the front decorative concrete return. 22. The applicant shall pay all appropriate City fees. CC November 24, 2009 Item No. 9 Page25of75 CONDITIONS OF APPROVAL Page 3 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 23. 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. 24. Construction traffic shall be prohibited from the segment of Lost Road south of the project site as a construction truck route. 25. The Homeowner's Association shall maintain all project improvements and facilities, including the private streets, landscaping, park facilities, and drainage improvements. 26. The applicant shall participate in the City's Lighting and Landscape Maintenance District. ENGINEERING DIVISION 27. Dedicate full width right -of -way and construct full width roadway improvements for Canyon Hills Road and Cottonwood Canyon Road. Improvements and dedications shall be consistent with the Canyon Hills Specific Plan. 28. Hillside Drive, Camelina Street, Pinnata Court, Nandina Court, Kalanchoe Road, Ambrosia Court, Corktree Road, Ainnia Court, Sundew Court, Silktassel Road, Agaliya Court, Cedar Mesa Drive, Ladyfern Court, and Dianthus Lane shall become a private road as noted on the tentative map. The private road network shall begin at and include the turn - around feature and shall be delineated with stamped and colored concrete. 29.AII private roads shall be constructed to be consistent with the Canyon Hills Specific Plan cross section for local and collector roads. 30. Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. 31. All private roads shall be maintained by an association or private maintenance district. 32. Provide detention basin designed to detain the increase in storm water run -off volume resulting from the development. 33. Grading on adjacent property shall require a "notarized permission to grade" letter from the affected property owner. 34.AII slopes, cut or fill, shall comply with UBC requirements for setback from adjacent property lines. Diversion of storm water flows shall not be allowed. 35. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. CC November 24, 2009 Item No. 9 Page 26 of 75 CONDITIONS OF APPROVAL Page 4 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 36. 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. 37. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 38. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 39. Construct all public works improvements per approved street plans (LEMC 12.04). Plans shall be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 40.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 41.Applicant shall obtain any necessary CALTRANS permits and meet all CALTRANS requirements. 42. Desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% shall only be used because of design constraints approved by the City Engineer and Fire Department. 43. Interior streets shall be designed with 9% as the maximum grade and intersecting streets shall meet at a maximum grade of 6 %. The 6% grade shall extend for a minimum of 40- feet. 44. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 45.AII 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 public works improvements will be scheduled and approved. 46. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of grading permit. 48. 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. CC November 24, 2009 Item No. 9 Page 27 of 75 CONDITIONS OF APPROVAL Page 5of8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 49. Provide fire protection facilities as required in writing by Riverside County Fire. 50. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 51. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first certificate of occupancy of any of the three projects. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 54.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 55.AII utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 56.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. In the event a study has been previously completed or the project is outside the study zone, a letter shall be submitted by a licensed geologist or geotechnical engineer stating such a condition does not apply. 59.AII grading shall be done under the supervision of a geotechnical engineer and 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. 60.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to CC November 24, 2009 Item No. 9 Page 28 of 75 CONDITIONS OF APPROVAL Page 6 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 61. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 62.0n-site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 63.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_ 64. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 65. Meet all requirements of LEMC 15.68 regarding floodplain management. 66. If applicable, the applicant to provide FEMA elevation certificates prior to certificate of occupancies. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of the grading plan. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 68.AII drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb without first traversing a minimum 20 -feet through a landscaped area. 71.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 72.A drainage acceptance letter will be necessary from the downstream property owners for out letting the proposed storm water run - off on private property. 73. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 74. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. CC November 24, 2009 Item No. 9 Page29of75 CONDITIONS OF APPROVAL Page 7 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 75. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation in the event these projects are not included with the underlying development. 76. Up -slope maintenance along right -of -ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 77.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 78.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 permit. 79.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Storm Water Pollution Prevention Plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 80. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 81.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance is impacted, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 83. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 84. No residential lot shall front and access shall be restricted on Canyon Hills Road. 85.AII parcels shall have direct access to public right -of -way or be provided with a minimum 30 -foot ingress and egress easement to public right -of -way by separate instrument or through map recordation except as described. CC November 24, 2009 Item No. 9 Page 30 of 75 CONDITIONS OF APPROVAL Page 8of8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006 -13 86.Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motor homes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to first Certificate of Occupancy. 87.Applicant shall cause to be recorded a CC &R's prior to first Certificate of Occupancy which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 88.Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 89.AII open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. 90. Process required access easements prior to first Certificate of Occupancy. 91. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a Drainage Mitigation fee. 92. Developer shall provide funding for the re- appropriation calculations of the assessment due to the increase in lots in the assessment district. 93. 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. CC November 24, 2009 Item No. 9 Page 31 of 75 CITY OF LAKE Kr? LSINO E ` DREAM EXTREME,. ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Residential Design Review No. 2006 -13, Amendment No. 1 for "Broadleaf & Silverthorne" project areas within the Canyon Hills Specific Plan. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.180 of the Lake Elsinore Municipal Code (LEMC). O P Date: 10/1-101 Applicant's Signature: , Print Name: F - OA) A R . ) Address: LO W° 14 t . 1--o s fL J&- -c , 0.04 --c;c 4 Phone Number: c °) . 7 s - Sc CC November 24, 2009 Item No. 9 Page32of75 r 1 PardeeHomes August 5, 2009 Mr. Kirt Coury Associate Planner Community Development Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Subject: Silverthorne on PA -29, Amendment 1 Dear Mr. Coury Pardee is proposing to replace the Broadleaf Product with the approved Silverthorne Product for Lots 347 through 359 and Lots 398 through 424; for total of 40 units within Planning Area 29. This change responds to today's market conditions and will be a positive addition to the community Sincerely, PARDE HOMES r • Ron Nugrrlio Senior Architectural Manger C', November 24, .2009 Item No. 9 .... ...... 9 7 5 4 . p 1 i I I 1 il l : lit 1 C �` Z 1 I { I Y ` 1 ii Mq� Eli g, gigEll, _ . vtitil 7 is "�' I� • e "P.:1i' a Di 1 i _.,,,, , : F 44 1 4 — r , r `. cQ3r a `' i c C a 7 a -/ r �i \ , . , 1 ./, w . ' _ % Ci \. -,: \'';',,) ' "' 7.) m d \ - a =A Il $ 9 i a P�d' / �g Com I dL� 1 ;1 a l -,,.,_,: AdkliA ..10, 1....,,, _iw . 1 ..___:, , „.±,,,___. „,. views CC November 24, 2009 Item No. 9 Page 34 of 75 o° 1 N Cb CID W Lei 0- 0 re '. 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LADE L � R- LSINO E DREAM EXTREME,. lOr REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 15, 2009 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2006 -13, AMENDMENT NO. 1 FOR "BROADLEAF & SILVERTHORNE" PROJECT AREAS WITHIN THE CANYON HILLS SPECIFIC PLAN APPLICANT & OWNER: RON NUGROHO, PARDEE HOMES, 10880 WILSHIRE BOULEVARD, SUITE 1900 LOS ANGELES, CA 90024 Project Request The applicant proposes to amend approved Residential Design Review No. 2006 -13 in an effort to meet current market conditions. Project Location The Canyon Hills Specific Plan area is located within the eastern boundaries of the City of Lake Elsinore and east of the 1 -15 Freeway (Exhibit 'A'). The "Broadleaf" area is defined by the Specific Plan as Planning Area 29 and the "Silverthorne" area is defined by the Specific Plan as Planning Area 30B. CC November 24, 2009 Item No. 9 Page 52 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 September 15, 2009 Environmental Setting �EX# TIN.? 1LA ND 2:ONjNC b y 2e L ' � ry �,d a �_ . ,,§ � fc�" e k L PLAN .. ,.� >o ..v =t`'e _�- .F'ua .�F „„4< '''-'1. .i v.. 5 • Project Vacant/Single Broadleaf: SF2 Canyon Hills Specific Sites Family Residential Silverthorne:SF3 Plan North Vacant/Single Broadleaf: SF3 Canyon Hills Specific Family Residential Silverthorne:SF2 Plan South Vacant/Single Riverside County; Riverside County, Family Residential Mountainous Mountainous East Vacant/Single Broadleaf: OS (Open Canyon Hills Specific Family Residential Space) Plan Silverthorne: OS West Vacant/Single Broadleaf: OS and PP Canyon Hills Specific Family Residential Passive Park (CHSP) Plan Silverthorne: Rec and RM Riparian Mitigation Project Background On April 3, 2007, the City of Lake Elsinore Planning Commission approved Residential Design Review No. 2006 -13. This approval was for the construction of 106 residential units with three (3) different single family detached plans ranging in size from 2,300 square feet to 2,700 square feet for the "Broadleaf" project. In May of 2009, Staff began meeting with the applicant's representatives to review proposed alterations to the plotting of the project single family residential product. After several meetings, Staff believed that the proposal was of sufficient quantity and effect that the applicant needed Planning Commission approval (as prescribed in the Canyon Hills Specific Plan) of an amendment to the Residential Design Review. Project Description The proposal is to replace previously approved "Broadleaf" product with approved "Silverthorne" product by Pardee Homes, within Planning Area 29 of the Canyon Hills Specific Plan. As previously noted, the "Broadleaf" product includes the construction of 106 residential units with three (3) different single family detached plans ranging in size from 2,300 square feet to 2,700 square feet. "Silverthorne" involved the approval for the construction of 135 residential units with four (4) different single family detached plans ranging in size from 1,630 square feet to 2,360 square feet. CC November 24, 2009 Item No. 9 Page 53 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 September 15, 2009 The applicant is proposing to replace forty (40) of the 106 "Broadleaf" sites with the "Silverthorne" product. Amendment No. 1 includes a project description of the proposed changes, attached as Exhibit 'B.' Analysis Staff finds that the proposed changes meet the minimum quality and attractiveness of the original project, which was presented to and approved by the Planning Commission. The City of Lake Elsinore Municipal Code refers to designs that create interest, provide varying vistas, and demonstrate quality and originality (Section 17.82.060). Staff feels that the applicant has suggested acceptable alternatives without the loss of quality to the overall project design and amenities. Therefore, staff is in support of the proposed changes. Environmental Determination Environmental analysis and clearance for the Pardee Homes project is provided by Addendum No. 2 to the Final Environmental Impact Report for the Canyon Hills Specific Plan. Addendum No. 2 was approved by the City Council on April 10, 2007, to address changes associated with Canyon Hills Specific Amendment No. 2. In accordance with California Environmental Quality Act Guidelines Section 15162, the proposed amendment 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 Addendum No. 2 to the Final Environmental Impact Report, and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for this project. RECOMMENDATION Adopt Resolution No. 2009- approving Residential Design Review No. 2006 -13 Amendment No. 1 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, Project Planner Approved By: Tom Weiner, Acting Director of Community Development CC November 24, 2009 Item No. 9 Page 54 of 75 Planning Commission Staff Report RDR No. 2006 -13 Amendment No. 1 September 15, 2009 Attachments: 1. Exhibit 'A': Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Exhibit 'B': Applicant's Description of Proposed Changes 5. Exhibit 'C': Replotting Plan 6. Exhibit 'D': Elevations of Approved Silverthorne Product CC November 24, 2009 Item No. 9 Page 55 of 75 PardeeHomes K CANYON - HI LLS NEIGHBORHOOD DEVELOPMENT UPDATE MEETING DATE: October 5th TIME: 5:00 PM LOCATION: SILVERTHORNE SALES TRAILER 3 S � 5iLVERT /iORNE Silverthorne Sales Trailer Location CC November 24, 2009 Item `Jo:' 9 Page 56 of 75 PardeeHomes Neighborhood Development Update Meeting Date: October 5, 2009 Time: 5:00 p.m. Location Silverthorne Sales Trailer Meeting Minutes 1. Intro, Mike Taylor V.P. Community Development 2. Canyon Hills, Tract 30494 - Phase V, Silverthorne Introduction of 40 additional Silverthorne houses on Planning Area 29, Broadleaf Tots. Silverthorne houses does have the same style of exterior architectural features as Broadleaf, and plotted on the Broadleaf lot size of 55' x 100' will compliment the curb appeal and street scene. Selected plotting of Silverthorne houses with larger square footages such as the Plan 2 and 3 in future releases of the requested 40 additional Tots on Planning Area 29 Distribute Phase V exhibit and Average Lot Square footage table to all attendance for easy understanding of future product 3. Canyon Hills, Tract 30494 - Phase V, New Living Smart Project Introduction of 141 units and 4 models on Planning Area 30A with enhanced energy conservation features, drought tolerant landscaping and irrigation and upgraded interior features such as standard granite counter top, stainless steel appliances, recycling kitchen cabinet Living Smart, Energy Conservation features as a standard to the new project, New 2008, Title -24, Energy Conservation calculation, 15% above California Energy Code Insulation with Low Formaldehyde Thermal Fiber Radiant Roof Barrier Cool Roof Colors by Monier or Eagle Insulate hot water pipe Optional Tank -less water heater Optional Solar panels Energy savings windows, Low -E squared glass High efficiency HVAC system 13.0 SEER HVAC Condenser unit, with R -410A "Puron" MERV 6, efficiency rated HVAC air filters Fluorescent lighting Energy Star appliances CC November 24, 2009 Item No. 9 Page 57 of 75 Water Smart Drip Irrigation Low -water plant material, California native plants Install mulch to planter bed, reduce water evaporation Maximum 25% of turf /lawn to total landscaped area Low flow faucets 4. Questions and answer session - Plumbing piping being used by Pardee to the houses in the Canyon Hills community, "Pex" piping or Polyethylene piping, recognize as a sustainability plastic piping and approved by the 2007 California Building Code to be used in residential construction - Home owner, Lot 172, Cork Tree Road express their concern about the landscape maintenance to the open space, adjoining his property that need clean up. Pardee took action and removed the non native plant material, brush and removed debri on the adjoining vacant Tots on Cedar Mesa Drive - Home owner, Lot 148, Ladyfern Drive ask the question about a triangular slope landscaping behind their property that is not irrigated covered with plant material. Pardee will extend the irrigation coverage and install additional ground cover plant material by Oct. 16, 2009 Meeting adjourn at 6:00 p.m. CC November 24, 2009 Item No. 9 Page 58 of 75 li RP...A Q.. 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O O' O tt .4 - - OO A .-• A) A W W ' CC November 24, 2009 Item No. 9 Page 61 of 75 :58- 300 -001 358 - 301 -010 358 - 301 -011 :ickey S Durden James A Villasenor Zachariah B & Sarah Stewart :4107 Corktree Rd 34106 Corktree Rd 34127 Zinnia Ct Jake Elsinore, CA 92530 -4101 Lake Elsinore, CA 92530 -4101 Lake Elsinore, CA 92532 -2938 58- 301 -023 358 - 301 -024 358 - 302 -001 elmut E & Aurora Schneider Pardee Homes Pardee Homes 4128 Zinnia Ct 10880 Wilshire Blvd 1900 10880 ire Blvd 1900 ake Elsinore, CA 92532 -2938 Los Angeles, CA 90024 -4101 .: • geles, CA 90024 -4101 58- 302 -002 358- 302 -003 358 - 302 -004 ardee Homes Burchfield Andrew D Anson 0880 Wi _ ire Blvd 1900 5202 Fiore Bella Blvd 34164 Hillside Dr o -. geles, CA 90024 -4101 Las Vegas, NV 89135 -3240 Lake Elsinore, CA 92532 -4101 58- 302 -005 358 - 302 -006 actor Penaloza George 358-302-007 eorge M Tom Jack Vanmatre 1166 Hillside Dr 34168 Hillside Dr 34170 Hillside Dr ike Elsinore, CA 92532 -2939 Lake Elsinore, CA 92532 -2939 Lake Elsinore, CA 92532 -2939 38- 302 -008 358- 302 -009 ickey Anderstrom 358 - 302 -010 Jae & Beverly Beasley Syed R Ahmed 1172 Hillside Dr 34174 Hillside Dr ike Elsinore, CA 92532 -2939 Lake Elsinore, 34176 Hillside Dr nore, CA 92532 -2939 Lake Elsinore, CA 92532 -2939 48- 302 -011 358 - 302 -012 !rthold Halter 358 - 310 -020 Heladio & Ruby Sosa Michael & Wanita Hoyt 178 Hillside Dr 34180 Hillside Dr ke Elsinore, CA 92532 -4101 Lake Elsinore, 34189 Hillside Dr nore, CA 92532 -4101 Lake Elsinore, CA 92532 -2939 8- 310 -021 358- 310 -022 than Sargent 358- 310 -023 Randall Ward Alicia F Gonzalez 187 Hillside Dr 34185 Hillside Dr ke Elsinore, CA 92532 -2939 Lake Elsinore, 34183 Hillside Dr sinore, CA 92532 -2939 Lake Elsinore, CA 92532 -2939 8- 310 -024 358 - 310 -025 ward S Gonzalez 358- 310 -026 Joanna Hsieh Victorio D & Trinidad Burton 181 Hillside Dr 34179 Hillside Dr ce Elsinore, CA 92532 -2939 Lake Elsinore, CA 92532 -2939 Lake Elsinore, Ellsinn ore siore, Cr L, CA 92532 -2939 3- 311 -001 358 - 330 -001 in Halvorsen 358- 330 -002 Pardee Homes Pardee Homes 182 Hillside Dr 10880 Wi - re Blvd 1900 :e Elsinore, CA 92532 -2939 10880 W ire Blvd 1900 Lo • geles, CA 90024 -4101 geles, CA 90024 -4101 1- 330 -003 358 - 330 -004 •dee Homes 358- 330 -005 Pardee Homes Pardee Homes 80 Wil re Blvd 1900 10880 W ire Blvd 1900 eles, CA 90024 -4101 10880 Wi - re Blvd 1900 L• • geles, CA 90024 -4101 Lo •. geles, CA 90024 -4101 CC November 24, 20 69 Item No. 9 Page 62 of 75 358 - 330 -006 358- 330 -007 358 - 330 -008 ?ardee Homes Pardee Homes Pardee Homes 10880 W ire Blvd 1900 10880 • shire Blvd 1900 10880 W ire Blvd 1900 :,o geles, CA 90024 -4101 L geles, CA 90024 -4101 L geles, CA 90024 -4101 358 -330 -009 358- 330 -010 358 - 330 -011 ?ardee Homes Benson J & Linda Goldstein Pardee Home L0880 W' ire Blvd 1900 34185 Camelina St 10880 ' shire Blvd 1900 geles, CA 90024 -4101 Lake Elsinore, CA 92530 -4101 Angeles, CA 90024 -4101 358 - 330 -014 358 - 330 -015 358 - 330 -016 ?ardee Homes Robert L Stoddard Eric & Christina Stover L0880 Wil re Blvd 1900 34175 Camelina St 34173 Camelina St ',os geles, CA 90024 -4101 Lake Elsinore, CA 92530 -4101 Lake Elsinore, CA 92530 -4101 358 -330 -017 358- 330 -018 358 -331 -001 flan J & Rui Geduld Pardee Home Leonard R & Sunny Saldana 34171 Camelina St 10880 shire Blvd 1900 34187 Camelina St "Jake Elsinore, CA 92530 -4101 • Angeles, CA 90024 -4101 Lake Elsinore, CA 92532 -4101 358- 331 -002 358- 331 -003 358- 331 -004 Pardee Homes Pardee Homes Pardee Home 10880 W' : ire Blvd 1900 10880 shire Blvd 1900 10881 shire Blvd 1900 1A• • geles, CA 90024 -4101 L.: • geles, CA 90024 -4101 L.s Angeles, CA 90024 -4101 358 - 331 -005 358 - 331 -006 358- 331 -007 ?ardee Hom Pardee Homes Pardee Homes L0880 • shire Blvd 1900 10880 ' s ire Blvd 1900 10880 ' shire Blvd 1900 Angeles, CA 90024 -4101 Le Angeles, CA 90024 -4101 Angeles, CA 90024 -4101 358 - 331 -008 358 - 331 -009 358- 370 -001 Pardee Homes Pardee Home Pardee Home L0880 W' ire Blvd 1900 10880 ' shire Blvd 1900 10880 • shire Blvd 1900 IA geles, CA 90024 -4101 Angeles, CA 90024 -4101 . Angeles, CA 90024 -4101 358 - 370 -002 358 -370 -003 358 - 370 -004 ?ardee Homes Pardee Home Pardee Hom- 10880 W' ire Blvd 1900 10880 shire Blvd 1900 10880 shire Blvd 1900 ,• • geles, CA 90024 -4101 e Angeles, CA 90024 -4101 Angeles, CA 90024 -4101 358 - 370 -005 358- 370 -006 358- 372 -010 ?ardee Hom - Pardee Home Pardee Home L0880 • shire Blvd 1900 10880 shire Blvd 1900 10880 • shire Blvd 1900 Angeles, CA 90024 -4101 L.: • geles, CA 90024 -4101 L Angeles, CA 90024 -4101 358 - 372 -011 358- 372 -012 358- 372 -013 ?ardee Homes Pardee Home Pardee Hom L0880 W' ire Blvd 1900 10880 ' shire Blvd 1900 1088 ilshire Blvd 1900 :,o • geles, CA 90024 -4101 L Angeles, CA 90024 -4101 s Angeles, CA 90024 -4101 CC November 24, 2009 Item No. 9 Page 63 of 75 358- 372 -014 358 - 372 -015 358 - 372 -016 ?ardee Home Pardee Home Pardee Homes 10880 ' shire Blvd 1900 10880 ' shire Blvd 1900 10880 W' re Blvd 1900 Angeles, CA 90024 -4101 Angeles, CA 90024 -4101 geles, CA 90024 -4101 158- 380 -001 358 - 380 -002 358- 380 -003 ?ardee Homes Pardee Homes Pardee Homes L0880 W' ire Blvd 1900 10880 W' ire Blvd 1900 10880 Wi re Blvd 1900 •: • geles, CA 90024 -4101 L geles, CA 90024 -4101 geles, CA 90024 -4101 158- 380 -004 358- 382 -007 358 - 382 -008 'ardee Homes Pardee Homes Pardee Homes _0880 Wi ire Blvd 1900 10880 Wi : ire Blvd 1900 10880 W'. ire Blvd 1900 ,os geles, CA 90024 -4101 L. • geles, CA 90024 -4101 L.: • geles, CA 90024 -4101 t58- 382 -009 358 -382 -010 358- 382 -011 'ardee Home Pardee Homes Pardee Homes .0880 • shire Blvd 1900 10880 W' ire Blvd 1900 10880 W'. ire Blvd 1900 . Angeles, CA 90024 -4101 Lo • geles, CA 90024 -4101 L. • geles, CA 90024 -4101 .58- 382 -012 358 - 382 -013 * ** 74 Printed * ** 'ardee Home Pardee Hom 0880 .' shire Blvd 1900 10880 shire Blvd 1900 ..: • geles, CA 90024 -4101 s Angeles, CA 90024 -4101 CC November 24, 2009 Item No. 9 Page64of75 vJ rU/NJ•a0,".•V vww vS•!foYWw WW . A WW yG WW"; Fip J44dIIUi 0918/0915® Liam/ gum a9!iudwo3 xais Z x azls is i i S3 dd1S Bob Stoddard Mike Wagoner 34175 Camelina Street 34159 Camelina Street Lake Elsinore, CA 92532 Lake Elsinore, CA 92532 Ryan and Mary Cooley 34162Camelina Street Lake Elsinore, CA 92532 Scott Bolger Sean and Sharon Slaughter 34165 Camelina Street 34163 Camelina Street Lake Elsinore, CA 92532 Lake Elsinore, CA 92532 William Smith Stephanie Griffis 34160 Camelina Street Lake Elsinore, CA 92532 CC •vember 24, 2009 Item No. 9 label size 1" x 2 5/8" compatible with Avery ®5160/81. STAPLES Etiquette de format 25 mm x 67 mm compatible aver Averv®5tfin /R1fin Page 65 of 75 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 20, 2009 CALL TO ORDER Chairman Flores called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Vice -Chair Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI ABSENT: NONE STAFF PRESENT Also present were: Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, City Planner Miller, Associate Planner Carlson and Office Specialist Porche. PUBLIC COMMENTS None CONSENT CALENDAR ITEM(S) 1. Minutes a. September 15, 2009 b. October 6, 2009 Recommendation: Approval CC November 24, 2009 Item No. 9 Page 66 of 75 2. Minor Design Review for a proposed two (2) story, 4752 square -foot garage (accessory structure) to be located in the rear -yard of an existing Single - Family Residence at 32375 Ontario Wav Recommendation: Adopt a Resolution approving the proposed Minor Design Review for the development of a 4,752 square -foot garage (accessory structure) located at 32375 Ontario Way. Vice -Chair Gonzales requested to pull Item No. 1 a for corrections. Commissioner Zanelli requested to pull Item No. 2 for discussion. ITEMS PULLED FROM THE CONSENT CALENDAR 1a. September 15, 2009 Regular Planning Commission Minutes Vice -Chair Gonzales noted a correction to the September 15, 2009 Regular Planning Commission Minutes on page 5 of 10 under the Motion. It should read as follows: Motion was made by Commissioner Zanelli and seconded by Commissioner Mendoza adopting Resolution No. 2009 -47, Approving Reptile and Amphibian Breeding Establishments as a Conditional Use within the limited manufacturing (M- 1) Zoning District and approving Conditional Use Permit No. 2009 -08 to include modifications to the Conditions of Approval. MOTION was made by Vice -Chair Gonzales and seconded by Commissioner Mendoza to approve the September 15, 2009 Regular Planning Commission Minutes with the note corrections. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE 2. Minor Desiqn Review for a proposed two (2) story, 4752 square -foot garage (accessory structure) to be located in the rear -yard of an existing Single- Family Residence at 32375 Ontario Wav Chairman Flores opened the Public Hearing at 6:11 p.m and requested the reading of the Staff Report. Associate Planner Carlson provided an overview of the project to the Commission in Associate Planner Resendiz's absence. He stated the applicant is requesting CC November 24, 2009 Item No. 9 Page 67 of 75 approval to construct a freestanding two -story 4,752 square -foot garage. He noted the applicant will be using the garage primarily for storage and not housing. He indicated the property is surrounded by residential uses and would fit with the neighborhood character and is considered exempt from the California Environment Quality Act. Staff recommends approving this project based on the findings, exhibits and is subject to the Conditions of Approval. He stated the applicant is available to answer any questions the Commission may have. Commissioner Zanelli asked Public Works Director /City Engineer Seumalo to clarify Condition No. 30 and why it is necessary. Public Works Director /City Engineer Seumalo replied, the City Standards require street lights every 300 feet or at the end of a cul -de -sac and is a standard Condition of Approval. Commissioner Zanelli asked why this light was not installed at the time that the street was built. Public Works Director /City Engineer Seumalo replied that he does not have the history of why the light was not installed when the street was constructed. Commissioner Zanelli requested the condition be stricken from the Conditions of Approval. Chairman Flores requested the applicant to approach the podium. Ted Thompson, owner of the project introduced himself to the Commission. Commissioner O'Neal asked the applicant what he plans on storing. Ted Thompson replied by saying he is a collector of cars and would like to have a place to store the vehicles. Commissioner Mendoza asked the applicant if he has any plans of running a business out of the proposed garage. Ted Thompson replied by saying no. Vice -Chair Gonzales asked if there would be a shower or restroom. Ted Thompson responded by saying he does not think it is needed at this time as the main house is close enough. There being no further comments, Chairman Flores requested the reading of the Resolution. CC November 24, 2009 Item No. 9 Page 68 of 75 MOTION was made by Commissioner Zanelli and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -49, approving a Minor Design Review for a proposed two (2) story, 4,752 square -foot garage (accessory structure) to be located in the rear -yard of an existing single - family residence at 32375 Ontario Way (APN: 370 - 511 -054) including the deletion of Condition No. 30 from the Conditions of Approval. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE PUBLIC HEARING ITEM(S) 3. Residential Design Review No. 2006 -13, Amendment No. 1 for "Broadleaf & Silverthorne" project areas within the Canyon Hills Specific Plan Recommendation: Adopt a resolution approving Residential Design Review No. 2006 -13 Amendment No. 1 for "Broadleaf & Silverthorne" project areas within the Canyon Hills Specific Plan. Acting Community Development Director Weiner introduced City Planner Coury to the Commission and indicated he would provide the reading of the Staff Report. City Planner Coury provided an overview of the project to the Commission. He indicated the applicant proposes to amend approved Residential Design Review No. 2006 -13 in an effort to meet current market conditions. He stated the proposal is to replace the existing product known as "Broadleaf" with the "Silverthorne" product within Planning Area 29 of the Canyon Hills Specific Plan. He noted the project was reviewed by the Planning Commission on September 15, 2009 and was continued in order to allow the residents more time to gather information concerning the project. He indicated eight (8) existing residents attended the meeting and expressed concerns that the project request was smaller than what was previously approved for the area. In addition, the residents felt that they were not properly notified or informed of the product. He advised the Commission that Pardee Homes held a neighborhood meeting on October 5 however inadvertently failed to notify the eight residents who attended the Planning Commission meeting. He entered into the record three (3) hand -outs including a letter that supports the project, a colored rendition of the plot map, and a letter with signatures from residents in opposition to the project. He stated staff has reviewed the amendment and supports the project and the applicant is available to answer any questions the Commission may have. Chairman Flores requested the applicant to approach the podium. CC November 24, 2009 Item No. 9 Page 69 of 75 Mike Taylor, Vice President for Pardee Homes introduced himself to the Commission. He apologized for not notifying all of the community regarding the neighborhood meeting. He stated he hand delivered the flyers regarding the neighborhood meeting. Some of the flyers were placed on the garage doors and at the front doors. Stephanie Griffins, resident in Lake Elsinore spoke in opposition of the project. She stated there is a difference between the two products. "Broadleaf' are higher end homes and are found on larger lots. She stated there is a great difference in the square footage and price pre square foot. She indicated this project would have a negative affect on the existing homes values. This is a master plan community and would like to see the project denied. She indicated all homeowners that attended the previous Planning Commission meeting were never notified of the October 5, 2009 meeting. She stated she did receive the Pubic Hearing notice for tonight's meeting. William Smith, resident of Lake Elsinore spoke in opposition of the product. He stated the builder indicated they would have a master plan community and will like to keep there promise. Linda Butterworth, Sales Representative for Pardee Homes spoke in favor of the project. She expressed to the Commission that the last sale at the "Silverthorne" closed at a higher value for more money than the homes at "Broadleaf." She stated Pardee Homes are providing a master planned community and those who are purchasing the homes are more qualified that she has ever seen. Bob Stater, resident of Lake Elsinore stated he attended the last meeting when the project was continued. He indicated he spoke in opposition of the project at that time because he was not notified of the public hearing. He has since been notified and no longer objects to the project. Elle Nimcheck, resident of Lake Elsinore spoke in opposition of the project. He spoke of the importance of notification and how there are better ways to notify a homeowner. Karen Bolger, resident of Lake Elsinore spoke in opposition of the project. She stated she was never informed of the October 5 meeting. She stated she does not feel that Pardee Homes is properly informing the existing residents of their meetings. Mary Colley, resident of Lake Elsinore advised the Commission that she never received any notice from Pardee Homes regarding the October 5 meeting. She stated she did receive the public hearing notice. She noted for the record that the sales office at the "Broadleaf" project are already telling their customers that the "Broadleaf' product is no longer available and the "Silverthorne" product would be available in February 2010. Chairman Flores closed the Pubic Hearing at 6:47 p.m. CC November 24, 2009 Item No. 9 Page 70 of 75 Vice -Chair Gonzales asked if the sales office has a record of the addresses once a house has been sold. Mike Taylor stated he made an error and takes full responsibility that they did not get notified of the meeting. He stated Pardee Homes intends on building only four homes that are 1,655 square foot out of the forty homes that are intended for that area. Commissioner Mendoza asked why Phase 30 was built up before Phase 29. Mike Taylor responded by saying Phase 30 was graded all at the same time because they needed to make sure there was enough dirt to balance the site. He stated they only improved a portion of the lots. Commissioner Mendoza pointed out to the audience normally when a home is purchased, a disclosure statement is included stating the builder has the right to change the product. Commissioner O'Neal asked the applicant what would replace the "Broadleaf" product should the amendment not get approved. Mike Taylor replied by saying those lot would remain as is. Commissioner O'Neal stated the construction may help stimulate the economy and is in favor of the change as this is not unreasonable. He advised the audience should someone object to the Planning Commission's decision, an appeal could be filed which would then go before the City Council. Commissioner Zanelli stated he supports Pardee Homes with their changes. He also made a comment regarding the disclosure statement that Pardee Homes provides to all the new residents, which they are to sign. The disclosure statement states the developer has the right to change the size, configuration and location of unsold subdivisions, parcels, lots and common areas including but not limited to streets, open space, landscaped areas and access facilities. Chairman Flores asked the applicant if the larger units would be constructed near the "Broadleaf" product. Mike Taylor replied by saying Pardee Homes has tried their best to have the larger homes constructed near the "Broadleaf" product for better street scene. Chairman Flores noted the applicant is requesting to replace only 40 out of 120 homes with the "Silverthorne" product. He asked the applicant what type of home would be constructed on the additional lots. Mike Taylor responded by saying it would be a new product that would be coming back to the Planning Commission very shortly. CC November 24, 2009 Item No. 9 Page 71 of 75 Commissioner Zanelli asked if there is a park proposed. Mike Taylor replied by saying there is a large community park that is proposed within the center of the Canyon Hills Specific Plan and would be coming before the Commission within the next couple of months. Chairman Flores asked the applicant if he has read and accepts the Conditions of Approval. Mike Taylor responded by saying "Yes." MOTION was made by Commissioner Zanelli and seconded by Vice -Chair Gonzales to adopt Resolution No. 2009 -50, adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE MOTION was made by Commissioner Mendoza and seconded by Commissioner Zanelli to adopt Resolution No. 2009 -51, approving Amendment No. 1 to Residential Design Review No. 2006 -13. • AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE Chairman Flores requested a one minute recess at 7:09 p.m. Chairman Flores reconvened the meeting at 7:13 p.m. BUSINESS ITEM(S) 4. Lake Elsinore Motocross Conditional Use Permit and Commercial Design Review Application Acting Community Development Director Weiner indicated this is a progress report on the application status of the Lake Elsinore Motocross Conditional Use Permit and Commercial Design Review application. He advised the Commission that this was a CC November 24, 2009 Item No. 9 Page72of75 status report only and therefore no discussion would be on the conditions or directly related to the operation. City Planner Miller provided a brief timeline history of the project. She stated the last CUP has expired which is why the applicant has requested a new application. She stated the site plan needed very few revisions however should be coming to the Planning Commission for design review shortly. She indicated the applicant is available to answer any questions regarding the application status. Chairman Flores requested the applicant to approach the podium. Randy Hiner, owner /applicant for the Lake Elsinore Motocross introduced himself to the Commission. He stated he started the process in June 2005 and had gone through many hands due to recent city staff adjustments, however is now on track and is moving forward. Vice -Chair Gonzales asked the applicant if he intends on staying in the same location. Randy Hiner replied by saying "Yes." Commissioner O'Neal stated he spoke with staff regarding the environmental study. He pointed out that the environmental study would not only protect the applicant but the city as well. Commissioner Zanelli stated he is glad to see this project come to the end of the road. He indicated it would be great to see Lucas Oil come to town and hopes the Commission will direct staff to move forward as quickly as possible in order to have this project brought back for a public hearing at the earliest possible date. Vice -Chair Gonzales asked when this project would be coming back to the Commission for a public hearing. Deputy City Attorney Winterswyk stated staff should have the California Environmental Quality Act (CEQA) reviewed internally and have the public review and comment period finalized and then return back to the Planning Commission as early as possible. Randy Hiner asked if there would be a way to have a twenty day review period. Deputy City Attorney Winterswyk replied by saying staff would need to make a determination as to whether or not the project is state or regional. She stated as long as it is not, then yes a twenty day review period could be warranted. Commissioner Zanelli pointed out this would not have any impact on the special event that is currently scheduled for December with Lucus Oil as that project has already been approved. CC November 24, 2009 Item No. 9 Page 73 of 75 Vice -Chair Gonzales asked how long of a term would the Conditional Use Permit be. Deputy City Attorney Winterswyk advised the Commission that the term of the Conditional Use Permit could be discussed during the public hearing as staff will come up with a proposed time limit and that term will be open for discussion. STAFF COMMENTS Public Works Director /City Engineer Seumalo commented on the following: • He spoke of the gravel road award which would be going before City Council next week. Acting Community Development Director Weiner commented on the following: • He advised the Commission that there would be bottled water for the next Planning Commission Meeting. Deputy City Attorney Winterswyk commented on the following: • She thanked the Commission for allowing her to intervene regarding the last project. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: • He addressed the importance of communication between the developers and existing residents when new projects are being proposed. Acting Community Development Director Weiner pointed out that staff did request Pardee Homes to do a community outreach however they chose not to for the first meeting. Vice - Chairman Gonzales commented on the following: • No comments. Commissioner Mendoza commented on the following: • He asked the Public Works Director /City Engineer Seumalo how long would the grading along La Strada continue. Public Works Director /City Engineer Seumalo replied by saying there is no timeframe as there is a volume of dirt that they are to move as part of their grading permit. • He stated City Planner Coury did a good job with Pardee Homes and dealing with the public. CC November 24, 2009 Item No. 9 Page 74 of 75 Commissioner O'Neal commented on the following: • No comments. Commissioner Zanelli commented on the following: • He thanked City Planner Miller for all her work regarding the Lake Elsinore Motocross project and appreciates her efforts. • He asked Public Works Director /City Engineer Seumalo about the Lake Street curve and would the road be two or four lanes including a center median. Public Works Director /City Engineer Seumalo replied by saying ultimately the road would be two lanes with a center median, but not with this phase. ADJOURNMENT It was the consensus of the Commission to adjourn to the November 3, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Flores adjourned the meeting at 7:47 p.m. JIMMY FLORES, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT CC November 24, 2009 Item No. 9 Page 75 of 75