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Home My WebLink About07/03/07 PC Reports ~/~ 'if' CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA : , MICHAEL O'NEAL, CHAIRMAN JOHN GONZALES, VICE CHAIRMAN JIMMY FLORES, COMMISSIONER AXEL ZANELLI, COMMISSIONER PHIL MENDOZA, COMMISSIONER ROLFE M. PREISENDANZ, DJR. COMMUNITY DEVELOPMENT WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ******************************************************************* TUESDAY, JULY 3, 2007 6:00 P.M. I' If you are attending this Planning Commission Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! , I CALL TO ORDER , , I PLEDGE OF ALLEGIANCE .[ ROLL CALL PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the Planning Commission Meeting) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item.). 1. Minor Design Review of a two story Single-Family Residence located at 365 Avenue 5 (APN: 373-192-015). · The applicant is requesting design review consideration for a conventionally built two-story single-family dwelling unit located at 365 Avenue 5. PAGE 2 - PLANNING COMMISSION AGENDA- JULY 3, 2007 CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz@lake-elsinore.org RECOMMENDATION: Approval 2. Minor Design Review of a residential duplex located on Franklin Street (APN: 373-021-006). . The applicant is requesting design review consideration for a residential duplex located on Franklin Street. CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, rsendiz@lake-elsinore.org RECOMMENDATION: Approval 3. Minor Design Review of a Single-Family Residence located at 16150 Stevens Street (APN's: 378-221-010,011,012 & 013). . The applicant is requesting approval to construct a Single-Family Residence on a vacant lot. CASE PLANNER: Linda Miller, Planning Consultant Ext. 209, lmiller@lake-elsinore.org RECOMMENDATION: Approval PUBLIC HEARING ITEMS (Please read & complete a Speaker's Form at the podium prior to the start of the Planning Commission Meeting. The Chairman will call on you to speak when your item is called.) 4. Lake Elsinore Acquisition Process (LEAP) No. 2005-12; a 9.09 acre commercially zoned parcel of land (proposed project site) within the Alberhill Ranch Specific Plan area. . The applicant requests that the Planning Commission consider and make a recommendation to the City Council regarding the consistency of the "developable footprint" of the 9.09 acre site with the Multiple Species Habitat Conservation Plan (MSHCP). ~- PAGE 3 - PLANNING COMMISSION AGENDA- JULY 3, 2007 CASE PLANNER: Rolfe M. Preisendanz, Director of Community Development Ext. 223, rpreisendanz@lake-elsinore.org RECOMMENDATION: Denial 5. Conditional Use Permit No. 2007-04 (T-Mobile Wireless Telecommunications Facility). . The applicant, on behalf ofT-Mobile USA Inc., requests approval ofa Conditional Use Permit for the installation and operation of a wireless telecommunications facility (antenna pole with associated equipment cabinets) located within the public right-of-way along Via Scenica; near the intersection of Corte Straza and Via Scenica. CASE PLANNER: Justin Carlson, Associate Planner Ext. 295, icarlson(al,lake-elsinore.org RECOMMENDATION: Denial 6. Conditional Use Permit No. 2006-21; Variance No. 2007-02; and Commercial Design Review No. 2006-18 for a proposed Lone Star Steakhouse Restaurant located at 18601 Dexter Avenue (APN: 377-080- 077). . The applicant requests approval of Conditional Use Permit No. 2006-21, Variance No. 2007-02, and Commercial Design Review No. 2006-18. CASE PLANNER: Justin Carlson, Associate Planner Ext. 295, icarlson(al,lake-elsinore.org RECOMMENDATION: Approval BUSINESS ITEMS 7. General Plan Conformity of the Summary Street Vacation for the right-of- way known as "Flint Street" ./ ,~, ~' PAGE 4 - PLANNING COMMISSION AGENDA- JULY 3, 2007 · Summary Street Vacation of a portion of the Flint Street right-of-way from Lowell Street to where it terminates approximately 150 feet to the northwest. CASE PLANNER: Ken Seumalo, Director of Public Works Ext. 244, kseumalolal,lake-e1sinore,org RECOMMENDATION: Approval INFORMATIONAL STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT 7 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 3, 2007 PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER MINOR DESIGN REVIEW OF A TWO STORY SINGLE-FAMILY RESIDENCE LOCATED AT 365 AVENUE 5. (APN: 373-192-015) DANIEL RODRIGUEZ 1317 N. CUSTER STREET SANTA ANA, CA 92701 PROJECT TITLE: APPLICANT fOWNER: PROJECT REQUEST The applicant is requesting design review consideration for a conventionally built two- story single-family dwelling unit pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-1 Single-Family Residential District), and Chapter 17.66 (Parking Requirements) ofthe Lake Elsinore Municipal Code (LEMC). SEWER SYSTEM AND WATER AVAILABILITY Staff contacted the Elsinore Valley Municipal Water District (EVMWD) agency for information concerning the distance from the subject property to the nearest water and sewer locations. EVMWD notified staff that water is available and that a "Will Serve" letter will have to be requested by the applicant, however the nearest sewer connection is at the intersection of Mill Street and Avenue 6, which is approximately SlO-lineal feet away, therefore the proposed project will be serviced by a private septic system. AGENDA ITEM J PAGEL OF j~~ \/ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE AT 365 AVENUE 5. SEPTIC SYSTEM/SEWER CONNECTION At present, the applicant is proposing a private sewer system for the proposed project at 365 Avenue 5. On Monday, May 14, 2007, staff contacted the Elsinore Valley Municipal Water District (EVMWD) for information concerning the distance from the subject property to the nearest sewer connection. EVMWD notified staff that the nearest sewer connection point was approximately 510- feet away, to be more precise it is located at the intersection of Mill Street and Avenue 6. Pursuant to the California Plumbing Code, the applicant is not required to hook-up to the sewer system, due to the fact that the proposed project is located more than 200-feet away from the nearest connection point. However, EVMWD notified staff that another developer would possibly be extending the sewer system along Mill Street to Avenue 5. If the sewer is extended, the proposed project would then be located approximately 170-feet from the sewer line. Pursuant to the California Plumbing Code; the applicant would be required to connect to EVMWD' s sewer system. Staff has added a condition of approval stating that at the time of building permit issuance, the applicant will have to provide assurances from the Elsinore Valley Municipal Water District that the proposed project is located outside the required 200- foot distance as mandated by the California Plumbing Code or he/she will be required to make arrangements for connection to sewer with EVMWD. BACKGROUND On May 24, 2007 the Design Review Committee (DRC) reviewed the plans for the proposed single-family dwelling unit and provided several substantive comments on the proposed architectural design, building massing, fencing, and landscaping. The DRC recommended that the applicant incorporate additional architectural elements on the front-entry, window surrounds, proposed fencing, and landscaping, and the incorporation of tile roof materials. Once revised, the applicant re-submitted plans along with building elevations which incorporated the DRC recommendations. PROJECT LOCATION The approximately .13 acre vacant site is located on the west side of Avenue 5, and approximately 175 linear feet south of Mill Street. More specifically, the property is located within the R-l (Single-family Residential) Zoning district and has a General AGEND:t2EM L PAG OF~ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE AT 365 AVENUE 5. Plan designation of Low Medium Density (LMD), also referred to as (APN: 373-192- 015). ENVIRONMENTAL SETTING i1LOCATtoN, ':EXISTING' ::!i}>',,, ,'" /"""I1...1f\' :; "L":';;i":N'~'D'k:j:U" 'St'E""i, '",~.J.J.i'~i:f}J:,:;>'t::,;,;i:I::f,,~':"":: ,'~ _, ,,"~" '_ " 'i.~, ~ Project Site Vacant R-l (Single-Family Residential District North Residential R-l (Single-Family Residential District South Residential R-l (Single-Family Residential District East Residential R-l (Single-Family Residential District West Residential R-l (Single-Family Residential District Low Medium LMD Low Medium Density LMD Low Medium Density LMD Low Medium Density LMD Low Medium Density LMD PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of a 1,683 square-foot two-story single-family residence with an attached 439 square-foot two (2) car garage and a 105 square-foot front entry porch. The proposed 1,683 square-foot residence will include three (3) bedrooms, two and one-half (2 1/2) bathrooms, dining room, living room, kitchen, and a laundry room. The proposed two-story single- family dwelling unit will be located on a relatively flat lot within the R-l (Single-Family Residential) zoning district. It should be noted that the applicant is required to dedicate five-feet (5'-0") ofland along the front of the subject property for future road widening for a total of a thirty-foot (30' -0") right-of- way from center line of the road in order to comply with the street right-of-way dimensions as outlined in the Circulation Element of the General Plan. AGENDA ITEM I PAG~ OF,]l REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE AT 365 AVENUE 5. Architecture The applicant has chosen to construct the proposed single-family residence using elements similar to a "Spanish" Architecture style includes characteristics such as exterior walls that are usually stucco or brick, often painted white or cream to contrast the roof ofthe home, terra cotta or brightly colored roof tiles and low-pitched gable or hipped roof. Color and Materials '1!11'11i1r~'''ii''G';'t'''''''i''''''''''"!jIF'''I'!ia';''"''''1C:ff!l'!!I!'II!I'!i'I'I'!H(;B"'I"I~:~!liiiii!iil!!i', ~j'ili:!li ~i~r~~:':lf~i! I I, ~ i~1i~~III!I!i:l~i1ii~M'ifi~1 cmr':~<r.~~' li;~tl~~~I~~l<~tii~' ~:!;'cli;lilj! im~il I!II! I~~l~, " : rr~. , I. ,,~.~. ulTa:~ ,'e:a:":,,, ,,::I~~rl, ~('.~ ~;!:,:H~!I!ii~l.lll~ ,!iilt", t~, ',0 PrsJ:~l%m!~!!:I~~~~ l'r.r:\wm!III!I!"III~l,f';~~?~~~i!i: :,!II, 1i~li~:llIi~!:~:rt~~i' ", _ ~,tel7.a mS' ~,,;::~~:~4*~,: ,,~~~1::~:J,,!";: iIWi#~~lii!!i!iim:~~:1 Roof Goldenrod Light Weight Concrete Tile Walls Cream Stucco Window Trim/Door Trim Mocha Stucco Window Shutters Driftwood Wood Landscavinf! The front yard will be fully landscaped and will include an automatic irrigation system and a rain sensor, which will assist in the conservation of water. Prior to Certificate of Occupancy, the applicant will plant one (I) twenty-four inch (24") box street tree for every thirty- feet (30') of street frontage. The proposed street trees will be selected from the City approved street tree list and approved by staff for planting location. ANALYSIS Staffhas reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-1, Single-Family Residential District), Chapter 17.66 (Parking Requirements), and Chapter 17.82 (Design Review District), of the Lake Elsinore Municipal Code (LEMC) including but not limited to; density, setbacks, landscaping, parking, and lot coverage. As part of the conditions of approval for development, a "Will Serve" letter from the Elsinore Valley Municipal Water District is required. The applicant was also notified AGENDA ITEM f PAGE~_ OF ~ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE AT 365 AVENUE 5. by Staff about the potential sewer line being extended to Mill Street and Avenue 5 intersection, which would place the development within the 200 lineal feet and having to connect to the public sewer system. Sitinfl The total building footprint, which includes the dwelling unit, a two (2) car garage, and front-entry porch that will occupy approximately twenty-one percent (21 %) of the .13 acre lot and is consistent with the R-1 (Single-Family Residential) development lot coverage requirements; which permits maximum net lot coverage of fifty percent (50%). In addition, the proposed project complies with all of the applicable development standards and criteria outlined in the R-1 (Single-Family Residential) Zoning district and the Residential Developments Standards outlined in the LEMC. Architecture. Colors and Materials The "Spanish" architecture style selected for the proposed two-story single-family dwelling unit located at 365 Avenue 5 is consistent with the style and design of existing single-family residences located within the vicinity of the project site. Furthermore, the proposed colors and materials to be incorporated into the single- family dwelling unit are consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that the residence provides an aesthetic quality that lends to the overall achievement of a well balanced single-family residential district. Landscavinfl The applicant has met the requirement of Chapter 17.14 (Residential Development Standards) by proposing a fully landscaped automatically irrigated front-yard. Furthermore, the applicant is proposing to turf and automatically irrigate the rear yard and incorporate a rain sensor for the front and rear yards, which will assist in the conservation of water. AGENDA ITEM L PAGES" OF 41. REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE AT 365 AVENUE 5. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, (CEQA), this project is categorically exempt from CEQA; (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the "Project" involves construction of up to three single-family residences. (See 14 C.C.R. ~ 15303(a)). Staff has determined that the proposed project is categorically exempt from CEQA. Therefore, no additional environmental clearance is necessary. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2007-_ approving the proposed single-family residence located at 365 Avenue 5, also known as (APN: 373-192-015) based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ~ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. SIGNED DRAFT ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL 5. CEQA-NOTICE OF EXEMPTION 6. EVMWD WATER & SEWER LOCATION 7. REDUCED SET OF PLANS 8. COLOR SWATCHES AGENDA ,lTEM ~ PAGElLOF~ - MINOR DESIGN REVIEW FOR A SINGLE FAMILY DWELLING UNIT AT 365 AVENUE 5 ... ~ ~ :.: ..., PLANNING COMMISSION JUL Y 3, 2007 APN: 373-192-015 ST PARK WY I i I I '01 ~I ~ '" ~, AGENDA ITEM NO. PAGE 7 J OF JJ. RESOLUTION NO. 2007-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A TWO-STORY SINGLE- FAMILY DWELLING UNIT LOCATED AT 365 AVENUE 5 WHEREAS, Daniel Rodriguez filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a two-story single- family residence located at 365 Avenue 5 (APN: 373-192-015) (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item on July 3, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and finds that it is consistent with R-l Single-Family Residential standards and citywide parking requirements as set forth in the Lake Elsinore Municipal Code ("LEMC"). SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. ~~ 15000 et seq.: the "CEQA Guidelines") pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single-family residence. (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: AGENDA ITEM NO..-.-J__~_ PACE e OF_3;}_ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F4 1. The Project will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of the General Plan designation of Low Medium Density (LMD) as well as R-I (Single-Family Residential) zoning district. The General Plan designation of Low Medium Density (LMD) is intended for quality single-family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over-extension offacilities. The R-I (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. Approval of the Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within R-I (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates elements of "Spanish" architectural style, will provide a well-rounded design while maintaining the desirable rural characteristics and base framework to achieve quality and compatibility in the physical design of the developing portions of the City, and to enhance the existing developed areas within General Plan designation Low Medium Density (LMD) and R-l (Single-Family Residential) zoning designation. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the single family dwelling unit integrates a twenty foot (20) front yard and rear yard setback, sufficient front yard landscaping and safe and sufficient on-site vehicular circulation. Further, use of the " Spanish" architectural style in the Project complements the quality of existing development and will create a visually pleasing, non-detractive relationship with existing projects in the area. AGENDA ITEM NO. L PAGE..':LOF~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single family residential structure. Even though the Project is exempt from CEQA, it has been reviewed by all City divisions and departments, which have imposed a series of conditions of approval on the Project to ensure that the Project does not have a significant impact on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to LEMC Section 17.23 (R-1 Single-Family Residential District). Any revisions to the Minor Design Review shall be processed in a similar manner as the original Minor Design Review. All plans submitted for building division plan check shall conform to the submitted plans as modified by the Conditions of Approval. SECTION 3. Based upon the evidence presented, the above findings, and the Minor Design Review for a two-story single-family residence located at 365 Avenue 5 (APN: 373-192-015). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. t PAGE~OF:2::?- PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 3rd day of July, 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz, Director of Community Development AGENDA ITEM NO. l PAGE LL OF ::3'J... CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 16428 GUNNERSON STREET (APN: 378-244-016). PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Single- Family residential development project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a single-family dwelling unit located at 365 Avenue 5 (APN: 373-192-015), will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to the issuance of building permits the applicant shall provide the AGENDA ITEM NO. I PAGE I~ OF,~;> Community Development Department confirmation that fire flow availability and emergency access has been found to be acceptable by the Riverside County Fire Department. 7. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 8. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 9. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R-l (Single- Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 1O.All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. I: II. The applicant shall provide coach lights on each side of the garage doors. , , ; ~ ; , . , I, 12.All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. I , I II , , I 13.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. , i 14.The Applicant is to meet all applicable City Codes and Ordinances. , , 15.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal AGENDA ITEM NO. I PAGE/O:OF: 1;} , , ' i I of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. l6.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 17. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. lS.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 19.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 20.The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 21.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 22.Driveways shall be constructed of concrete per Building and Safety Division standards. 23.All walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. AGENDA ITEM NO. L PAGE 1'1: Of,?, ~ 24. The applicant shall be required to remove and replace any existing chain link fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 25.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 26. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 27.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 28.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he/she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 29.The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 30.Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six-foot (6') wood fence along the perimeter of the property. In addition, the proposed return walls and pilasters shall aesthetically match the exterior materials of the proposed dwelling unit. 31. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 dulac) AGENDA ITEM NO. f P AGE 11~50F_ 3~ prior to obtaining building permits. 32.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square-footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34. The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water service arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. COMMUNITY SERVICES DEPARTMENT 35. The applicant shall pay park fees of $1 ,600 per unit. 36. The applicant shall be required to participate in the "public facility" fee program. 37. The applicant shall comply with all NPDES storm water requirements. 38. The applicant shall participate in the City-wide LLMD. AGENDA ITEM NO. , PAGE,I!o~OF: ;.;> _. . 39.The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 40. The applicant shall meet City curb, gutter, and sidewalk requirements. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 41.The Applicant shall plant twenty-four inch (24") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30') apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 42. The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 43.The applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 44.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 45.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 46. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION 47.All Public Works requirements shall be complied with as a condition of AGENDA ITEM NO. I PAGEn.OF~ ,;;) --,' " development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 48.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 49.Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934-0838. 50.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 5l.Provide fire protection access and facilities as required in writing by Riverside County Fire. 52.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 53.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 54.Dedicate 5' wide strip of additional street right of way along the easterly AGENDA ITEM No.1 . PAGE:I~ )F .3~ property line to the City, for a total of 30' right of way from centerline of Avenue 5, documentation shall be submitted along with grading plans. 55.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. STREET IMPROVEMENTS 56. Construct side walk, driveway and replace curb and gutter as required and per approved street plans (LEMC Title 12). Street improvements may be shown on grading plans for this project. Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 57.A Calif. Registered Civil Engineer shall prepare street improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at top of curb. The profiles and contours shall extend to 5' beyond the property limits on Avenue 5. 58.Work done under an encroachment permit for off-site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 59.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 60.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit approval. 61.Apply and obtain a grading permit with appropriate security prior to any grading activity. AGENDA ITEM No.L_ PAGE I~ OF'3)- 62.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit Issuance. 63.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquis-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 64.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 65.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. The geotechnical engineer shall make recommendation for the minimum distance of building foundation to the top and toe of slopes. DRAINAGE: 66.0n-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 67.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 68.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities AGENDA ITEM No.1 P AGE;i?OF~3-J.- FEES: 69.Payall Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $1,093.00 (Town No.1 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW ATER/ CLEANW ATER PROTECTION PROGRAM 70.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. AGENDA ITEM NO. I PAGE~POF.3?" ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 365 AVENUE 5 (APN: 373-192-015). I hereby state that IIWe acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: ~ 2.~( (.) 1 Applicant's Signature: Print Name: Address: l)..:",""( ~() ~<4. 1'S..z.- 13 n ~. c..J;.~ """'T ~-~ v.I-. <:.A-- ?2.. 'l tJ I (7 I '-i I f2& 'C;~! Phone Number: AGENDA ITEM NO. I PAGE..L~':> OF 3~_ CITY OF A LAI(f: 6LSiNORJ: \ - , ~.... 0 REAM E,XTREME,. Notice of Exemption Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 I8l County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Minor Design Review for the development ofa two-story Single-Family Residential unit at 365 Avenue 5. Project Location (Specific): The proposed project is located on the west side of A venue 5, approximately 170 lineal feet south of Mill Street, and it is also referred to as APN: 373-192-015. Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is requesting design review consideration for the design and development of a 1,683 square feet single- family dwelling unit, with an attached 439 square foot two-car garage. The total building footprint including the residence and garage is approximately 1,220 square-feet, which will have a net lot coverage of approximately twenty-one (21%) percent. The property is located within the R-I (Single-Family Residential) Zoning District and has a General Plan designation of Specific Plan "LMD" Low Medium Density. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) 181 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Class 3 (a); New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Agustin Resendiz Telephone Number: (951) 674-3124 Signed: Title: Director of Community Develooment Rolfe M. Preisendanz ACENDA ITEM NO.-' PACE: ~3 OF 3~-,- -., -- -- .-- _._._--------"-- ---:~- ---_..__..,-----_._---_.__.._-----~._-_...__.._--_._.._-,._---_._._-~------ ---'-:;/\1 >: N ~ "' 0 0 Ii g N N M" z+. 0; '" '" '" ~ 0 vg , N , 1M 0; 0 " M ~M ! ;1; I 0 -, ;;; '" :<l '" , 0 i:i 0 " N MM -, M , " ~ 0 . '" MO f---- i:jo> i; 0 -I N N M '" '" MO '" 0 c 0 I 0 " ;l' M ",M ;1; 0 " OM I N M I 0 ;;; N M ;l; '" '" " '" ~ N t-I M M M 0 M M M M NM M '" 0 0 0 0 0 N 0 0 0 0 0 M ;1; ;1; ;1; ;1; 0 ;1; ;1; <l; <l; ;1; OM - I ;1; ;1; "'- M ~-- - ;;; ;;; ;;; ;;; ;;; ~ ~ ;;; ;;; o>~ -:x: 1 " " " " ;;; M " NM " " " 0 ~ M M M M " M M M M M N I M ~M - '" '" 0 0 II I I M M ..11 I I t:; I epC":l I s: - ]^".__ .1', I e lid. 93nN;lA'f 1\1ll" , I I I I I '" ! 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II e jlllh~!.1 .1. ~', < IIUill!!!II!! i51!hIPI~ 11~!1!1111111 ~ . 11I111 ~ !!!P.trq, ~! d I," ,,11,1, 1111 I, -II " !illl'I" "I II II o " ll'l,l' illll I II I III il'!i'!ll'l II 'I,ll' ,"Iii"!! 'Ill' ,I,ll', "I' "!' : 11lli illl I u,i,: illlill 'Ill!! 1,1 ~I :n.';; 11I1 1!11 I 1111 II! !1I!1 l~ Ii Illh!II'!l!IIl!Ii\i!ol AGENDA ITEM NO. PACE-3Q~OF I . ~;'~~1'71~,;:a ~~ ""~'" ,,'" """'3tIQI'~ -:;;a\tt1 ~~I~J i.v"9"lmt"~~d01d plQIU^~1;! li QI<I-ai)<:;j SlJ,;l.-Z:J.l.(,.L-!! >loW , i -q- 'r-=-1 dj - ~I ~nll~ l 01 II <(i I' -I .q 1..1 , , , , , , , " : 1 .-.. I; , " ,=tlrnl :: a ~! i~ i!rn :J ~ ~:~ :mu:: , " , " I ~ I I , ' ~ i. , , , , E,,' ::;;._-- '. ~~. , , , , , , , , , , , , , , , , , , , , , , , , , ,,,unon, ' :11~~I'1 : -==- , 'OJ :",,~:D ~',' m-_~l[Et _ ' ~ ' , , , ::;. ~ f-- I ~ ~ f-- IL W -J 'LJ" nLJI , I '0 ~ -- - ~, ,'..m,J_'m ,,::: ~,,' of'"~ :~~- om;, 1~1 l+ul~m'~l <I 1..1 11__-.... , , , , , , ~i ,$1: : ._,_~~_u l: !-II~~l: , . _: _:::: ~ : i: "_nn__" I I ""_n_n_ I I , , II! < W II! ~LJ,LJ' l I I I - - AGENDA ITEM NO, PAGE~OF< - 3_ - I 365 AVENUE 5 COLOR AND MATERIAL BOARD ROOFING MATERIAL BELLA ROMA LIGHT CONCRETE TILE - COLOR: GOLDENROD WALL MATERIAL STUCCO - ROUGH FINISH - COLOR: CREAM I' ii Ii 'I' 'I i':, ! i_ ~,: II illl l(iI'III/T., II pl:lrilllllil. I 111111/11: Ii iJl!I/lii ;'II'ill j III 1.11 [JII! ..1, I 1,'111.11' i,111 L __ii' I, ! 1.01.' ",JILLI' . WINDOW & DOOR TRIM ACCENTS WOOD-COLOR: MOCHA ,-. . I I WINDOW SHUTTERS WOOD - COLOR: DRIFTWOOD AGENDA ITEM NO.-'- PAGE_ _3~OF .:5~ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 3, 2007 PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON FRANKLIN STREET (APN: 373-021-006). APPLICANT: HECTOR ZUBIET A 38372 INNOVATION CT.; SUITE 204 MURRIETA, CA 92563 OWNER: FROYLAN ALFARO 24780 HAYES A VENUE MURRIETA, CA 92562 PROJECT REQUEST The applicant is requesting design review consideration for a residential duplex. Review is pursuant to the Historic Elsinore Architectural Design Guidelines, Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) Chapter 17.82 (Design Review), and of the Lake Elsinore Municipal Code (LEMC). SEWER SYSTEM AND WATER A V AILABILITY Staff contacted the Elsinore Valley Municipal Water District (EVMWD) agency for information concerning the distance from the subj ect property to the nearest water and sewer locations. EVMWD notified staff that the nearest water and sewer connection points were located in front of the property on Franklin Street. AGENDA ITEM NO. PAGE / ..2- OF ~7 REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX ON FRANKLINSTREET (APN: 373-021-006) Section 713.4 of the 2001 California Plumbing Code states: The public sewer may be considered as not being available when such public sewer or any building or any exterior drainage facility connected thereto, is located more than two hundred (200) feet from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer. Considering that the proposed project is located within thirty feet (30') of an existing sewer main, the applicant is required to connect to the public sewer system. PROJECT LOCATION The approximately .18 acre vacant site is located on the north side of Franklin Street, 110' linear feet east of Ellis Street within an area identified as Redevelopment Agency Project Area No.3, and is part of Area No. 5 of the "Historic Elsinore" Overlay District, APN 373-021-006. More specifically, the property is located within the High Density Residential (HD) land use area, with a General Plan designation of High Density. ENVIRONMENTAL SETTING ;",-,,':. : EXISnNc;' :', , . LAND'USE Vacant Vacant Residential Vacant Residential ':~;r. "iZONING' .': ',':'1',:(.< "GENERAL'PLAN. , )~;:~:l~'::~i:!,>I'''I,',~'''.I:~:''~~'~'''''' !::<~".'j,I:;i~,',,',;';~:',~~:;~~,"~,~;:'; ',:~~ ~ ;~"" ..".~: ,:';':;:, j;'" "r'" -' '- ;"':.:' . ~'.~,.:!,:;~',~,' :':, ':, """;':"';:1 ",:.: 'i'~, ,",). :',' ,- Pro'ect Site North South East West PROJECT DESCRIPTION The applicant is requesting design review consideration for the development of a two- story conventionally built duplex. Each unit will include a living space area of approximately 1,424 square-feet. The units will include four (4) bedrooms, three (3) bathrooms, a kitchen, a great room and laundry room. Each unit will also have a fully AGENDA ITEM NO...:z- PAGEkOF ~.~ .' ,< REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX ON FRANKLINSTREET (APN: 373-021-006) enclosed two-car garage and two (2) uncovered parking spaces for a total of six (6) off- street parking spaces that will be accessed from Franklin Street. Each unit will include 100 square feet of private open space area and approximately 2,700 square feet of common open space. The total building footprint, including the dwelling units and garages will be 2,390 square-feet with a net lot coverage of thirty-one percent (31 %), which is in compliance with the High Density (HD) development standards of the Historic Elsinore Architectural Design Standards, which allows a maximum lot coverage of thirty-five percent (35%). Architecture The applicant is proposing a variety of "Craftsman" architectural elements for the project. These features include decorative elephantine columns, stone veneer "river rock" wainscot, "Craftsman" style paned glass windows, covered porch entries, multiple roof planes, decorative wood braces, exposed rafter tails, and concrete flat tile. The applicant is also proposing to install a six foot (6') high block wall along the side and rear property lines. Return walls visible from the public right of way along the front of the units will be architecturally enhanced, matching the architectural style of the duplex. The applicant shall be required to remove and replace any existing chain link fencing or any fencing that is in poor condition. Landscavinf! The applicant is proposing to incorporate thirty-six percent (36%) ofthe net area of the site for the purposes of landscaping. In addition to being automatically irrigated. The landscaping will include one (1) 15 gallon "Crape Myrtle" and one (1) 15 gallon "Jacaranda" tree. Foundation and accent plantings will consist of five (5) gallon "Indian Hawthorne" and Glossy Aphelia" shrubs along with "Tall Fescue Blend" turf. BACKGROUND On May 24, 2007 the Design Review Committee (DRC) reviewed the proposed plans and provided several substantive comments on the proposed architectural design, building massing, fencing along the right-of-way of the subject property, and AGENDA ITEM N~ PAGEL o~ ~ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX ON FRANKLINSTREET (APN: 373-021-006) landscaping. The DRC recommended that the applicant revise the architecture to incorporate elements that are consistent with the selected style of architecture. Once revised, the applicant re-submitted plans along with building elevations which incorporated the recommendations that were suggested by the DRC. ANALYSIS Staff has reviewed the project and found that with the attached conditions of approval, the project meets the minimum requirements of the Historic Elsinore Architectural Design Guidelines and Development Standards and Chapter 17.82 (Design Review) and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). Parkinf! and circulation The proposed parking and circulation meets the requirements of Chapter 17.66 (Parking Requirements). Section 17.66.020 requires the following: b. For multi-family and attached single-family dwellings, duplexes: 2) For two or more bedrooms: one covered space, plus one and one- third (1-1/3) open spaces per dwelling unit. The applicant has met the minimum requirements as mandated by Section 17.66.030 of the LEMC, by providing two (2), fully enclosed 2-car garage plus two (2) uncovered (open) parking spaces for each dwelling unit for a total of six off-street parking spaces. Architecture The proposed architectural design of the duplex meets the minimum requirements set forth within the Historic Elsinore Architectural Design Guidelines (Appropriate Architectural Styles for Residential Uses). The Architectural Design Guidelines for the land use in which this project is located, states that: A variety of residential styles are allowed including Bungalow, Craftsman, Spanish Eclectic (which may include elements of the Mission style), Folk Victorian, Monterey, Prairie, Shingle and Victorian Stick. AGENDA ITEM NO.,;L PAGE .Lf_ OF 3~ ~ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX ON FRANKLINSTREET (APN: 373-021-006) To comply with this guideline, the applicant has chosen to include "Craftsman" elements as stated within the Historic Elsinore Architectural Design Guidelines. Landscaving The proposed landscaping meets the minimum requirements set forth within Section V (Landscape Standards) of the Historic Elsinore Architectural Design Guidelines. The proposed landscaping serves to emphasize and enhance the established character by incorporating landscape design criteria, which will upgrade and support the downtown 1920's theme and the desired character of the existing neighborhoods Color and Materials The proposed colors and materials meet the minimum requirements of the Historic Elsinore Architectural Guidelines in that the colors and materials proposed have been selected from the approved color pallet and will complement and enhance one another as well as the surrounding neighborhood. f~W8'iiE6ite~'il..f,ail'ErMyii~s!.~I:t,~li;~i~i;G:~.~iiiM~~ ,,\"""1lllf'''' ":;:M" ,. ,.,'t"''I'',i'''W:!k''''''''c ,.1 iilffi~~i~;~~!wl: ~~~I~~lJ~l:l:1!!"I!!,'~~"m' ,3:t~:J!.a ,S_'i'.~lt~1 i>I)~,{,~~~":l:~'iJ:'~:H':~:'r:i: Roof Live Oak Ponderosa Light Concrete Tile Walls Meadowbrook Stucco Accent Base Earthblend Stone Veneer-Cultured Stone EXDosed Rafters White Wood Window & Door Trim Alamo Wood ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15 303 (b) (New Construction of Small Structures), staff has determined that the proposed project is exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. AGENDA ITEM NO. ;r- PAGE~ OF ~~ REPORT TO PLANNING COMMISSION JULY 3, 2007 PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX ON FRANKLINSTREET (APN: 373-021-006) RECOMMENDATION Staff requests that the Planning Commission adopt Resolution No. 2007-_ approving the proposed residential duplex based on the Findings, Exhibits, and Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT A TT ACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. SIGNED DRAFT AKNOWLEDGMENT OF CONDITIONS OF APPROVAL 5. CEQA-NOTICE OF EXEMPTION 6. WATER DISTRICT WATER AND SEWER MAP 7. REDUCED EXHIBITS 8. COLOR SWATCHES 9. LARGE EXHIBITS AGENDA ITEI)i.NO. J.- PAGE (Pc. OF ::,?> MINOR DESIGN REVIEW FOR A DUPLEX ON FRANKLIN STREET PLANNING COMMISSION i JULY 3, 2007 APN: 373-021-006 ~lA~O.~ ~GEttt)~ 1. _Of. ,;/,,--- ~f>,GE_ - 1 , , RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENTIAL DUPLEX . WHERE,~.s, Mr. Froylan Alfaro filed an application with the City of Lake Elsmore requestmg approval of a Minor Design Review for a residential duplex to be located on the north side of Franklin Street, more specifically identified as APN: 373-021-006 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item on July 3, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and finds that it is consistent with the High Density (HD) Residential standards and citywide parking requirements as set forth in the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. ~~ 15000 et seq.: the "CEQA Guidelines") pursuant to a class 3(b) exemption for new construction or conversion of small structures because the Project involves construction of a duplex or similar multi- family structure totaling no more than four units. (14 C.C.R. ~ 15303(b)). SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. AGENDA ITEM NO. 1- PAGE~OF3? PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F4 - The Project complies with the goals and objectives of General Plan designation, which is High Density. The High Density designation is intended for a wide range of residential development types including attached and detached single-family units at the lower end of the range and multiple family units at the higher end of the density range. The maximum permissible density under the High Density designation is twenty-four (24) dwelling units per acre. The Project proposes two (2) dwelling units for the entire existing lot, which falls within the permissible density range of the High Density designation. The Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within the City of Lake Elsinore. The Project encourages the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates "Craftsman" style architectural elements provides a well rounded design and maintains the desirable rural characteristics and base framework of the City to achieve quality and compatibility with preexisting development. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the Project Site and surrounding developments in that the duplex has provided a twenty foot (20') front yard setback, private and common open spaces, sufficient front and rear yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing development and creates a visually pleasing, non-detractive end product. The duplex will utilize "Craftsman" style architectural elements which include cross gable roof design, concrete tile roof material, wood siding walls, wood columns, exposed rafter tails, decorative wood doors, exterior light fIXtures, wood window shutters, and planters. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. A Class 3 CEQA exemption may be invoked when the development proposal involves construction of a duplex or similar multi-family residential AGENDA ITEM NO. '2. PAGE+OF~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE30F4 - structure totaling no more than four dwelling units. Pursuant to CEQA Guidelines 15303(b), the Project is exempt from environmental review because it involves the construction of a duplex which does not exceed the maximum allowable number of units. Moreover, the Project has been reviewed by all City divisions and departments, which have imposed certain conditions of approval on the Project to ensure that no adverse impacts occur. In light of those conditions of approval, as well as the design features of the Project itself, the Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development complies with the objectives of Chapter 17.82. Pursuant to Section 17.82.070, the Project has been scheduled for Planning Commission consideration on July 3, 2007. The Applicant shall meet all required setbacks and development standards for High Density development in the "Historic Elsinore Overlay District," as set forth in the Historic Elsinore Design Guidelines. SECTION 4. Based upon all of the evidence presented, the findings above, and the conditions of approval imposed on the Project, the Planning Commission hereby approves the Minor Design Review for the Residential Duplex located at the north side of Franklin Street, also referred to as: (APN: 373-021-006). SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. ;z. PAGE!O.OF:33 PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 3rd day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director Community Development AGENDA ITEM NO. ~ PAGEtLOF~ CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON FRANKLIN STREET PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Minor Design Review for the proposed residential Duplex project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a two-story residential duplex at the north side of Franklin Street (APN 373-021-006) will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and diligently pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. AGENDA ITEM NO. d- PAGEl!. -OF ~:?,,, 7. Prior to issuance of any grading or building permits, the Applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 8. The applicant shall submit a "will serve" letter to the City from the Elsinore Valley Municipal Water District (EVMWD) stating that water and sewer arrangements have been made for this project. The will serve letter(s) shall specifY the technical data for the water services at the location, such as water pressure and volume, etc. The applicant shall submit this letter to the Community Development Department prior to applying for a building permit. 9. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks and development standards pursuant to Section 17.23 (R-I Single-Family Residential). Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval. 10.The development of the proposed project shall be in conformance with approved plans referenced herein or modified with the approval of the Community Development Director or designee. II.At a minimum the applicant shall use a light concrete tile or other material approved by the Community Development Director or Designee. All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 12.The Applicant is to meet all applicable City Codes and Ordinances. B.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 14.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5 :00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. AGENDA ITEM NO. ,::1- PAGE 1~-8F)? - 15.The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 16. The applicant shall meet all applicable County Fire Department requirements for fire protection. 17. The applicant shall meet all applicable Building and Safety Division requirements. 18.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 19.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 20.The Applicant shall plant twenty-four inch (24") box street trees, selected from the City Street Tree List, a maximum of thirty feet (30') on center along all street frontages. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 21.The Applicant shall provide shrubs and plant materials as shown on the landscape plan. All accent shrubs shall be a minimum five-gallon (5) in size. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 22.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 23.The Applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. AGENDA ITEM NO.d- PAGE,14 OF-;? _. - .. 24. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 25.All exposed slopes in excess of three feet (3 ') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 26.Driveways shall be constructed of concrete per Building and Safety Division standards. 27.All walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 28.The applicant shall construct the City's Standard six foot (6') wood fence along the sides and rear property lines of each lot. The return walls in view of the public right of way and along the front of the residence will be architecturally enhanced, matching the architecture style of the residence. 29.The Applicant shall be required to remove and replace any existing chain link fencing and any fencing that is in poor condition. It will be the responsibility of the Applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 30.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. 31. The Applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling unit. The storage pad for trash barrels shall be concealed from public view. 32.The Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 33.The Applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. AGENDA ITEM NO. ;)- PAG l"5 . Ole "?? . 34. The Applicant shaIl meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 35.The Applicant shaIl pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee. (Fee for density less than 8 du/ac) prior to obtaining building permits. 36.The Applicant shaIl submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shaIl be submitted to the Planning Division for processing within 48 hours of the projects approval. 37. The Applicant shaIl pay the applicable Library Capital Improvement Fund fee. 38. The Applicant shaIl pay the applicable Building Impact Fee. 39.Prior to the issuance of any building permit for the Project, Developer shaIl enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413 (b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shaIl be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 40. The applicant shaIl 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. AGENDA ITEI'y!.NO. ,)- PAGEl(p. or ?1'3. ADMINISTRATIVE SERVICES 41.Prior to the issuance of a building permit the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 42.Prior to issuance of a building permit the applicant shall annex into the Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 43.Prior to the issuance of a building permit the applicant shall annex into the Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 44.The Applicant is to pay park fees of $1,600 per unit (2 units @ $1,600 ea. = $3,200.00). 45. The Applicant will be required to participate III the "Public Facility" fee program. 46. The Applicant is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 47.Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the district. RIVERSIDE COUNTY FIRE DEPARTMENT 48. The applicant shall provide assurances to the City that all requirements of the Riverside County Fire Department have been met. AGENDA ITEl\ll'O. ()-.... PAGE{\OF~2 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 49. The Applicant shall request a "will server" letter verifying that water and sewer are available for this project. ENGINEERING DIVISION 52.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 53.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 54. Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934-0838. 55.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 56.Provide fire protection access and facilities as required in writing by Riverside County Fire. 57.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. 58.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". AGENDA ITEM NO~ PAGE\~OF-??_ DEDICATION: 59.Dedicate 5' wide strip of additional street right of way along the southerly property line to the City for a total of 30' right of way from centerline of Franklin Street to property line, prior to issuance of building permit. 6O.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. STREET IMPROVEMENTS 61.Construct all public works improvements from property line to one foot beyond centerline of Franklin Street (the minimum pavement section shall be 3" Asphalt Concrete over 6" Aggregate Base) and transitions as required (2.5" AC over compacted native base) per approved street plans (LEMC Title 12). Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 62.A Calif. Registered Civil Engineer shall prepare street and alley improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on Franklin Street centerline. 63. Work done under an encroachment permit for off-site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 64.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC 12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 65.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit approval. AGENDA ITEM-NO. d- PAGElq OF~2 66.Apply and obtain a grading permit with appropriate security prior to any grading activity. 67.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit Issuance. 68.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquis-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 69.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 70.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. The geotechnical engineer shall make recommendation for the minimum distance of building foundation to the top and toe of slopes. DRAINAGE: 71.0n-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 72.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 73.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. AGENDA lTEIllI."IO. ~ PAGE'lOOF 7;?__ 1 74.Submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 75.Payall Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $1,212.00 (Town No.2 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW ATER/ CLEANW ATER PROTECTION PROGRAM 76.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. AGENDA ITE'A )'JO. ~ PAG ~\_ OF?? _ ACKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX DEVELOPMENT ON FRANKLIN STREET, ALSO REFERRED TO AS: (APN: 373-021-006). I hereby state that I1We acknowledge the draft Conditions of Approval for the above named project. I1We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Print Name: Address: Date: ~ ~7 1 ~D 7 Applicant's Signature: Phone Number: lSS4c t-k.(~';;. '^"- Mu(("~n C/.lr t"fz.5b-z, "fc,<:! ;~1 , ~ 7>Yl AGENDA ITEM NO. ;)- PAGE~~_OF?? - CITY OF ~ LAIZ-E 6LSiNORE , I V DREAM EXTREME. Notice of Exemption Filed With: o Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 IRI County Clerk of Riverside County 2724 Gateway Drive Riverside,CA 92507 Project Title: Minor Design Review of a Duplex located on Franklin Street (APN: 373-021-006). Project Location (Specific): The proposed project is located on the north side of Franklin Street and approximately 110-feet east of Ellis Street, within Area 5 of the HHistoric Elsinore" overlay district. Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is proposing to develop a two-story conventionally built attached duplex. The development will consist of two (2) units, each having a living space area of approximately 1,424 square feet and two (2) fully enclosed two (2) car garage and two uncovered parking spaces for a total of six off-street parking spaces. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person ! Agency Administrating Project: Agnstin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status; o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) /B] Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Class 3 (b) New Construction or Conversion of Small Structures Reasons why project is exempt: 'This project meets the requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Agustin Resendiz, Associate Planner Telephone Numbe" (951) 674-3124 x 232 Signed: Rolfe M. Preisendanz Title: Director of Communit;y Development AGENDA ITEM NO. ^ PACE ')..1:>' OF ??_ ~-..- "- :;l;;;/: o .., N 0 .., ~ ~ .., .... ~ ~ i--+-- ~ll I . OJ ~ J .., ~ N I:: .., o ~ ~ hh! I Uiii i jU~~ ~ hll~ ~ I UdU ! PACE~OF ?~ - I ~ I m:gZ6 Y.) '3~ONIS13 3>1'Vl -- -- _.-.- "D__ . 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I" \:!! ... ~'Hn eta ~ .ZSl...lIl! _ . :z '" I~ --~--._.._----_.__._---~.- .-...---... ----_._-----~-----~----- MATERIAL AND COLOR BOARD FOR FRANKLIN STJAF' 3'3-~I-006 TWO STORr DUPLEX WIATT ACl-IED 2 CAR GARAGE \ . MR. FROYLAN ALFARO " COLOR: LIVE OAK PONDEROSA STYLE 6Y EAGLE ROOFING ROOF FINI5j.4 }]J,.~i~;~~$~1;~~;;~~:;~~:~J0~1~~~H~~;' ,'-'f",j f~~- ;:~':}--( ~,('''il ;., "h~~(' ;"J. ""~,;;~,"';.i,t" ,'~'.~;; ~f~;ii~~~JX~i~if.;i}f:~~~~~~Jn~~: ....l1~>-+~. ,e.j>" >,f'')"",:~ '. ~':""f""'''''':)ll "'._.,:..<,1.,,,_,. -t-'~i>" ;i~~)ii1}~~ft~1~;~ij~~t\tt;~~m~~~ ~$:!.t).)'\' .\\'t,.'(;\t )'. t,......'ir.". . "':.' C}'t.J,~~~',: :'i'<~""'-:rr~ h"'\\COL~I~t ~LA~~' ".~ (6ASE 2(!)(!)) X~S24 6Y "LA I-lA6RA" WINDOW 5URROUND ~ COLOR:MEADOWSROOK (6ASE I(!)(!)) X-48 6Y "LA I-lA6RA" WALL FINI5j.4 I--~~-----'-- I I I Co[OI'!~dIJRlrE--- - (!)(!)! 6Y FRAZEE : EARTI-l6LEN RIVER ROCK STYLE 6Y CULTURED STONE EXF05ED RAFTER5 WOOD FA5CIA 5TONE VENEER AGENDA ITEM NO. ~ PAC~ 6)_OF.?J?;,.:- CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 3, 2007 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET APPLICANT: JEFFREY A. JONES, JONES DEVELOPMENT GROUP, 1408 GOODMAN AVENUE, REDONDO BEACH, CALIFORNIA 90278 OWNER: SAME PROJECT REQUEST: The applicant is requesting approval to construct a single family residence on a vacant lot. Review is pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l, Single-Family Residential District) and all other applicable Chapters of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located at 16150 Stevens Street within the Country Club Heights area (APN 378-221-010, 011, 012 & 013), within Redevelopment Project Area No. 3, Parcel No.4. AGENDA ITEM NO. S PAGE I OF 33 PLANNING COMMISSION STAFF REPORT MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE JULY 3, 2007 PAGE2of4 ENVIRONMENTAL SETTING Project Site . EXISTING:;,' :LAND lJSE! ,. ," Vacant . ZONING ,:,,', . ;' ''"i/; ': ,~t!:';; \,,;:,,/~~;~::~"j~'. Southeast Single Family Residence Vacant R-l, Single Family District R-l, Single Family District R-l, Single Family District R-l, Single Family District R-l, Single Family District I, '~;:: '-.1 , I~, ;', . . ., . , . ~ i'" L.>'" Northeast Vacant Future Specific Plan Area 'J' Future Specific Plan Area 'J' Future Specific Plan Area 'J' Future Specific Plan Area' J' Future Specific Plan Area 'J' Northwest Southwest Single Family Residence PROJECT DESCRIPTION The applicant is proposing to construct a one (1) story 1,638 square foot conventionally built single family residence with an attached 438 square foot two (2) car garage on a vacant 10,800 square foot (net) lot conditioned and created by a Lot Merger. The buildings will occupy approximately thirty-one percent (31 %) of the lot area which is within the maximum allowance of fifty percent (50%) pursuant to the Lake Elsinore Municipal Code (LEMC). Water service will be provided by the Elsinore Water District (EWD) (a Will Serve Letter is attached). The applicant is proposing to use a septic system approved by the County of Riverside Environmental Health Department since sewer service is currently approximately 1,625 feet from the project site. Since four (4) separate legal lots are listed for this project, the applicant will be required to obtain approval of a lot merger through the City's Engineering Division prior to obtaining a building permit. The proposed one (1) story structure consists of a kitchen, dining room, family room, laundry room, three (3) bedrooms, den, and two (2) bathrooms. ACENDA ITEM No.3' PACE r2- OF33 PLANNING COMMISSION STAFF REPORT MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE JULY 3, 2007 PAGE 3 of4 Architecture. Materials and Colors The applicant will include an arched covered porch entry with columns, two (2) arched windows, one (1) with column trim and the other with a wood shelf supported by corbels. The garage door will also include arched trim. All windows will include stucco surrounds. The roofing material will be concrete tile. Colors and Materials proposed are: Location Roof Walls Trim Material Concrete La Habra Stucco W ood/Foam W!La Habra Stucco Color New Cedar #5504 X-28 Mirage X-575 Canyon ANALYSIS Staff has reviewed the project and found that with the attached Conditions of Approval the project meets all minimum requirements of Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l, Single Family Residential District), Chapter 17.66 (Parking Requirements) and all other applicable Chapters including but not limited to density, setbacks, landscaping, parking and lot coverage. The applicant will provide front yard landscaping including a minimum of two (2) twenty-four inch (24") box trees. An automatic irrigation system will be provided in the front setback area as well. The City Standard six foot (6') wood fence will be required along the sides and rear property lines. The applicant is conditioned to provide decorative block wall returns with one side to include a wrought iron or wood gate. ENVIRONMENTAL DETERMINA nON The project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Section 15303, Class 3. AGENDA ITEM NO. J PAGO OF.3:P PLANNING COMMISSION STAFF REPORT MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE JULY 3, 2007 PAGE 4 of 4 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007- _ approving Minor Design Review of a Single Family Residence located at 16150 Stevens Street within the Country Club Heights area (APN 378-221-010, 011, & 012). The recommendation is based on the findings, exhibits, and conditions of approval attached. PREPARED BY: LINDA M. MILLER, PLANNING CONSULTANT APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. Vicinity Map 2. Resolution No. 2007- _ approving Minor Design Review of a Single Family Residence 3. Conditions of Approval 4. Exhibits AGENDA ITEM NO. 3 PAGE 'f OFY3 VICINITY MAP MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE 16150 STEVENS STREET APN 378-221-010 THRU 013 ----------- / PLANNING COMMISSION AGENDA ITEMJID. -3 PAGE.) OF 13..3 RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE WHEREAS, Jeffrey A. Jones, Jones Development Group, filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a single family residence to be constructed on vacant lots located at 16150 Stevens Street, also identifiable as APNs 378-221-010, Oil, 012 and 013 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on July 3, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the single family residence and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. SS 15000 et seq.: "CEQA Guidelines") pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single family residence (14 C.C.R. S 15303(a)). SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of the Minor Design Review: ACiENOA ITEM NO. J PACE h OF 33 I [ i PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F3 - 1. The Project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this single family residence will assist in achieving the development of a well-balanced and functional mix of residential homes, as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories in that the applicant is proposing a conventionally built home utilizing architectural design elements. 2. The Project complies with the design directives contained in Lake Elsinore Municipal Code Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate in size and design to the lot and meets all setback requirements, provides front yard landscaping, and proposes an acceptable architectural style which includes a covered arched porch, arched windows and garage door trim on the front elevation. Window surrounds will be added to all windows on the sides and rear elevations. Roofing material will be concrete tile. The single family residence will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials proposed meet or exceed the size and design of the homes in the general surrounding area. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 3 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the single family residence blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Lake Elsinore Municipal Code Chapter 17.82.100, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. AGENDA ITEM NO. 3 PAGE J OF. 53 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 3 Pursuant to Lake Elsinore Municipal Code Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The Project complies with all applicable provisions of the Lake Elsinore Municipal Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves the Minor Design Review for a single family residence to be located at 16150 Stevens Street also to be identifiable as APNs 378-221-010, Oil, 012, and 013. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this third day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGE,NDA ITEM NO. .3 PAGE 8 ~ CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the single family residential project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. PLANNING DIVISION 3. Minor Design Review approval of a single family residence located at 16150 Stevens Street - APN'S 378-221-010,011,012, and 013 will lapse and be void unless a building permit is issued within one (1) year of the approval date and construction commenced and diligently pursued toward completion. 4. Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Page 1 of 10 ACE'NDA ITEM NO. -.J PACE l' OF: ?.3 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET 6. 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. 7. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks pursuant to the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Director of Community Development or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 8. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 9. All windows shall use surrounds and/or other architectural-type features as shown on the approved plans or modified with the approval of the Director of Community Development or designee. 10.At minimum the applicant shall use concrete tile or similar material approved by the Director of Community Development or Designee on the dwelling. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. II. The applicant shall meet all applicable City Codes and Ordinances. 12.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. Page 2 of 10 AGENDA ITEM NO. PAGE 10 .3 OF 3.3 1 I CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET B.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 14.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 15. The applicant shall meet all applicable County Fire Department requirements for fire protection. 16.The applicant shall meet all applicable Building and Safety Division requirements. 17.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19.The applicant shall provide and maintain shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Director of Community Development or designee. The landscape plan shall be implemented prior to issuance of a Certificate of Occupancy. 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 21. The applicant shall provide front yard irrigation landscape plans. The irrigation system shall be issuance of a Certificate of Occupancy. systems as shown on the implemented prior to the Page 3 of 10 AGENDA ITEM NO. J PAGE II OF, ?.J CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET 22. The applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 23.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 24.Driveways shall be constructed of concrete per Building and Safety Division standards. 25.Walls or fences located within the front yard setback shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 26.The applicant shall construct the City's Standard six foot (6') wood fence along the side property lines. Decorative masonry pillars and wrought iron or wood gates will be provided along the front fence returns. The applicant shall be required to remove and replace any existing chain link fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners if it is found the fencing will need to be removed and replaced. 27.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. 28.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad for trash barrels shall be concealed from public view. 29.The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. Page 4 of 10 AGENDA ITEM No.3 PACE /d-. OF,33 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET 30. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 31. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 32.The applicant shall submit water and sewer plans to Elsinore Valley Municipal Water District and shall incorporate all District conditions and standards, including payment of applicable connection fees. 33.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 34. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 35.The Applicant shall pay all applicable Library Capital Improvement Fund fee. 36.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square-footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. Page 5 of 10 ACENDA ITEM NO. ,3 PACE 13 OF 39 1 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET 37.Prior to the issuance of a building permit, the applicant shall submit assurances to the City Planning Division stating that the County Health Department has accepted the plan for installing a septic system for the project. ENGINEERING DIVISION GENERAL: 38.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 39.Process and meet all parcel merger requirements prior to building permit. 40.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 41.Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut street, Westminster CA. 92683, and her telephone number is (714) 934-0838. 42.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 43.Provide fire protection access and facilities as required in writing by Riverside County Fire. 44.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. Page 6 of 10 ACENDA ITEM NO. -3 PACe It(- OF .~ CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET 45.Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 46.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 47.Dedicate a ten-foot slope easement or right of way along Stevens Street and property line for future street alignment prior to issuance of building permit (Res. 87-64). 48.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. STREET IMPROVEMENTS 49.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 50. Work done under an encroachment permit for off-site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 51.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC 12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Page 7 of 10 AGENDA ITEM NO. PAGE 15"" 13 OF ,13 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET GRADING 52.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit approval. 53.Apply and obtain a grading permit with appropriate security prior to any grading activity. 54. A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit Issuance. 55. This property is within the Lake Elsinore specific boundary and therefore no import of soil is allowed at elevations under 1264.00. 56.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 57.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. Page 8 of 10 AGENDA ITEM NO. ...a PAGE If; OF n 1 I CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET DRAINAGE: 59. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 60.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 61.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 62.Submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 63.Payall Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $705.00 (N.W. Lake Management. Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adiusted according to the fee schedule current at the time of pavment. 64.Provide in-lieu payment for future off-site public improvements prior to building permit. (Res. 86-35) In-lieu payment shall be calculated by developers' engineer or architect and submitted for City Engineer's approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration. STORMW ATER/ CLEANW ATER PROTECTION PROGRAM 65.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm AGENDA ITEM NO. .3 PAGE /7 OF 3? Page 9 of 10 - 1 I I , I I , CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16150 STEVENS STREET water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. End of Conditions Page 10 of 10 AG~NDA ITEM NO. 3 PAGE 18 OF 33 Page 2 of 2 ACKNOWLEDEGEUENTOF DRAFT CONDITION.'; RE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCA TED AT 16150 STEVENS STREET (APN 378-221-010, 011, 012, AND 013) I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do herehy agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, a, set fOlth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall he met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval ofthe Community Development Director of the City of Lake Elsinore. Applicant's Signature: ~ Date: 6/28/200 Print Name: Address: Jeffrey A. 1408 Goodman Ave. Redondo Beach, CA Phone Number: (310) ACENDA ITEM NO.-3 PACE 11 OF, ~.3 - ELS/NORE WA TER D/STRlCT . WA TER WILL SERVE LETTER REQUEST CHECKLIST Date of Request 3-07-07 Owner's Name Mailing Address City/State/Zip Contact Name TracklLotfBlock Street Address Type of Request: Residential Jeffrev A. Jones 1408 Goodman Ave. Redondo Beach. Ca. 90278 Jeffrev A. Jones Contact's Phone # lA.ccount # Owner's Phone # 310-924-7233 APN# 310-924-7233 378-221-010.011.012.013 Stevens Avenue x Commercial Other Type New Construction x Remodel Received: Date Initials Comments Grant Deed Preliminary Title Report Plans of Addition (Remodels Only) Payment Check # Date Field Check: Size of Main Line ~ Location of Main Line Street in front of oarcel Remodels: Served by Hydro Tank JiQ.. Within Easement Zone Backflow Device Needed Tvpe Static water pressure less than 45 psi Static water pressure greater than 90 psi Meter Size Location Customer Shut Off Fire Service Street Lateral Size & Materials 90.72psi Building Lateral Size & Materials Engineering Date Sent Date Approved by Engineering ""3 - J3,-O "1 3-i/3-o; Prepared By: ~~i~ Date Approved By: Date FINAL WILL-SERVE LETTER ISSUANCE: Date Prepared Will Serve Issued 3 - 1:3 --0'1 Conditions of Will-Serve, if applicable: Date to Customer ]-/'3-07 ACENDAI~NO. ~ PACE '0 OF <~3 FORM B Page 1 Name APN Jeffrev A. Jones 378-221-010.011.012.013 PUBLIC WATER SERVICE' CERTIFICATION This certifies that the above referenced property is within the service area boundaries of this water service utility and that: Service Information: (Check one) X There are currently existing adequate source, storage and distribution line capacities to provide potable water to the referenced site in sufficient quantities to satisfy the domestic water service and fire prqtection requirements of the proposed use. The water mains to serve each proposed service connection are currently installed and operable. Financial arrangements have been made to install water mains for each proposed service outlet and any other necessary facilities to insure that the proposed use will have adequate source, storage and distribution line capacities for each proposed service connection that will satisfy the domestic water service and fire protection requirements of the proposed use. It is financially and physically feasible to install water service facilities that will provide adequate source, storage and distribution line capacities for each proposed service connection that will satisfy theidomestic water service and fire protection requirements of the proposed use. Easement Infonnation: (Check one) _X_ This agency has no known water lines or easements on the subject property line. This agency has water lines and/or easements on the subject property but they do not conflict with the proposed use as currently designed. This agency has waterlines and/or easements oh the subject property which conflict with the proposed project as currently designed. Applicant must revise plans and resubmit them to this agency for approval. Fire Flow Infonnation: 500+ Gallons per minute at 20 pounds per square inch for a minimum two-hour duration. A Wharf Head tvoe hydrant is located 350' above referenced parcel. Stevens Ave. @ Edlund St. feet from the AGENDA ITEM NOd PAGE &1 ~~ . Organi7P.<1 Under the Laws of the State of California ELSINORE WATER DISTRICT DATE: 3-13-07 APN# 378-221-010.011.012.013 ADDRESS Stevens Avenue To Whom It May Concern: Please accept this letter as official notification that the Elsinore Water District has sufficient water to service the above referenced address. A Wart Head fire hydrant is located approx 350' from the above referenced parcel. Minimum fire flow shall be 500 GPM for a 2-hour duration at a 20-PSI residual. Also, please find a copy of the APN page showing the location of the fire hydrant. Should you have any questions regarding this matter, or require further information, please contact us at your earliest convenience. Sincerely, ELSINORE WATER DISTRICT ~ Michael Mosier Field Supervisor AGENDA ITEM NO. ~ PAGE ~ -OF 33 16899 Lakeshore Drive, P.O. Box 1019, Lake Elsinore, CA 92531-1019 . Phone 951.074-2168 . Fax 951.074-5429 W}~ ~ A ~1.~.... 3 EN GIN E;Ji.(N G, I NC . ="".....~"" ..,.,~....-"""" :; WATER. WASHWATER . RECY,CLED WATER FAX TRANSMITTAL If you ha'l& trouble recei..iog this uansmlssion P\ease call (760) 737~195 To: Michael Mosier From: Eric HoWard ~;~ Of: Elsinore Water District .lob': Fax No: 1-951~74-6429 Fax No: (760) 737~199 Date: 10-19-06 AI: Water 3 Engineering Total Number of Pages . Hard Copy . Including Thls Page: / :3 To Follow: Yes X No Revised (main in Edlund updated 10.4") Current and Future (wIlh Junkle Rsvr) Pressures at Stevens Subject: 51. and Edlund A..e. cc: 5hawne1e Morelos, File MESSAGE Michael, The following is a figure showing the location of Node J360. The node is located on stevens Sl at Edlund Ave. This is the node nearest the location of the proposed fire hydrant. The model node is located connected to a 4-inch main located in Stevens SI. and a 2-irlch main located in Edlund Ave, which loops to the 4-inch in Arnold Ave. 1l1epressures at the node under different conditions are listed below. Node J360 - Elevation = 1,400 (actual 1433 ft ?) Current Conditions (without Junkie Reservoir in service) Annual Average Demand(MO) Pressure = 90.72 PSI AAD + 500 gpm Fire Flow (FF) @ J360 = 59.11 PSI Future Conditions (with Junkie Reservoir In service) Annual Average Demand (MO) Pressure = 90.80 PSI MD + 500 9pm Fire Flow (FF) @ J360 = 59.45 PSI _ Note _ The model elevation may be lower than the actual1ocation elevation and I estimate losses in the hydrant and later 10 be aboul38 psi - meaning residual pressures right around 21 psi _ if the elevation is higher than 1,400 ft, the pressure will be lower. Please give me a cat if you would liKe to discuss or let me \<.now if you need addilional'information - Thanks Eric Phone (7601 737,1\m':IJA"lMf N6;6199~ PAGEd3 of.33 2430 Vineyard Avenue, SIt! 201' Escornlid<> . CA 92029 IOOd 66I9 LEL 09L 6~~aau~6u3 E ~a+~M dIO:20 90-6I-+~O ,', .Ji}' , ,.)~. '&1"';/ ,- " ,:' ~ .i" ~ I ~. ~ ~ 1 I . ~ 1 ~ I ,,- '" ". ~ i_.~~w:.", - ,,' ::,... .",-" ",", f.1(.,:'- ,tV 'ft~/ .. ~ -.. ~/ l ~ :lo\d. _..... ':"~l.~:",!! """1'.:. ~ ~ ~ ~ , ~ . .. -"w.- '~. ""'.' 'r,l' ..~ ~... .~-- /f', ~/""'a.,...,.. .~ ~ ZJr, --,.,.. ~:.... . ,~- . ,..'/ :'."., ;a.r.,.; __ . ",j -..~ -- "F' ...., j-~r-_ ~_ 1Jr, . -.., 7P7n ~ .. ,..., ~i ""... .,1 -........ -- ~ 1 _. ,~- '.!--" -:1 "'1w n.___ . :.... ~/ . ~,., .~-""'- .. ~, -, ,.. . -~,. ~ "- I ..'"'IMo ~ ~ I #:+y '-'-~~" ~ -- . (! .e~~ -.."t --......,.._ ~,.~; 'I..:;:~r '. ~H ~)~"," ~.",':'" '-, "<.>' ~.,~~' .... ... 'i---iN-.. ~... :t. _-. ......,. "'~,:"o-, ........~-" ..... ...... ..... ~.-..A""....": -. ..... '~."........ ,.... r -.1'-.') .../f ~"'- ......... '''I.~/~ " . H // v .,. C;,.- ..---- -- \ AGENDA ITEM NO. PACE~<f d OF -.33 60'd 66I9 LEL 09L 6~~aau~6u3 E ~a~eM d60:60 90-6I-~~O l\i l\i~ I~ ~~ I'<) " ~ " 0: >- ~ ;j ~ "'~ -..III) ",0:: -..ICrj ~II) '-if...: ~ ~ 0:: ~ " 0 , . ~ . v: . c . = '" "" <0 @) Z ... -:> . ~ .~ ~~ ~~ , , ~ . ~ ~~ ,~ ~ , " ~ <: .\ \ " \ ;\\@ , . \ \ .' i I ~~/i/ I; I l, ~ '1' I ~s .~ ~ ~ ., ~ ; ~ ~ (jj) , ,~I,"'Z' .t'~' J 17/ Ii, @. fl / ~"~~">:I@ ~/".,~ (I. "@.@ ~E ~ l @>. . I ,\ ;:' 0: @"- ; V?!J..@ .tf>~ @@.I&.... @0 ~@ .V'"rlt;. @ cCCfr .. €l ..... @<> "'I''f-''''O ." I 1----- @- . -....,v~ 0'" .1;:S.:<Jr -. v . @0 .n - ~5 . ~ ~01 :> ~'" (', ... .~# i "( ~/9 @ @ ~9 l\ , ....., '''''' @J ~ ; ~",~"f) S , @ @H @ @ ....@ " , " @ @ ~ @ @ @-~ . @ @ , 3 @ r; c'i',(if) ~ ';:''':''CI @ @-- .. - --~~- ~---, @ ---i ~ ~ --- . L9 @ 0 " . @ 0 ~ .. . 0' G9 ._- ...../ l @~ 0 3i ~ ~. Ii s~ \i ,1>""" .,u.!- ~ - .....,;.f' ~ l ."7..r - --- .. , , ~ ~,.o l cO<@' ... Ie @ i ~-@ @ @"@ --,.......... , \ . ~ ~/@ -,t",t @..r ,"'" @r<r ,-,.'~ . .~ ~ , ~ EEl . ~ .;9 ~ @ @ @ @ / t @m ,~." .. hgI i>rI '" J!!P:ji?,,/- - .. . , ~;,,,.. ou@" .!: ~. @)~ f'''S/O__-- _-;6",,,,.1 " @ iEI .. ,q ../ @ tiEl .(, ,- @O/ll ;~'lId @' II" ,.,z~,." .~ , BG , _ Mil...,..... ;JtfSP'07f!J'- 9G . . .--~. .. - 'e'l'" ." , @ \ "'" / 'e/ @J HI . @. ciJ. @ :.r ," ~ d,F"TP 'e:I & 9'" .. '1:1''' 12 G Q. @I.P/ ". Ill-I'd:; u7/ ~ @l rG ." ~ ~ if .- .., ~I " @~ /I ,,,....,.,1/ , i .~ t. .,"1:,..... t. . ',) Ell @ ,8 _ _ :.:.-. _ . _ :..<il!:..~.,'" . ....-- '.~, v:::; ~ :'..' rO\ ~~;......... . ~ 6.t ,....~" 0 08 ,';,@ ,~... ~."@I @ '" of ~ ~~ . ;( ~ " ~ " '" '" ~ ~ .~ :t ... '" " ~ ~ o , o " iii ~ Cli ~ " ~ ! ~ \:i l.i..: .. ' " "'''' ::;'" ~ )..,~ >- .. ;e <:t::::) \j ~ a l( ~~ Sli:1 ~ ~ ~~ "'''' ~ , ACENDA nc~N.9. 3 PACE as OF 33 .- , I , Date 3-13-07 Name Jeffrev A. Jones Address 1408 Goodman Ave. City Redondo Beach. Ca. ZIP 90278 APN # 378-221-010.011,012.013 Street Name Stevens Ave. ESTIMATED COST ~ Water Account Deposit Total: $ 100.00 $ $ 2900.00 $ 5594.00 $ 500.00 $ 1000.00 $ $ 10094.00 o Fire Hydrant ~Meter Installation ~connection Fee/Capacity Charge ~mits ~ot Patch o Miscellaneous o Due to the length of line extension, it will be necessary for you to contact a Civil Engineering company of your choice for cost estimate and installation. "Exhibit A" attached hereto lists requirements for first plan check. Cost of Plot Plan Check dependent on estimated cost of project. ""Note: Estimate valid for 60 days."" ELSINORE WATER DISTRICT M1~ Michael Mosier Field Supervisor I-\GfNOA ITEM r-sO. .3 PAGEr5l~ OF, '13 - 001"609(Jg(/) :xrdl9l/Ol4i ~ 'r.):t~ ~H4SUOfUf1L09tM ~ ~ I- IlJ ifs I ! i,l .' , ! ill Iml ~ :; !;ii LU (j m Q <t fJS ~ LU ~ ~t--:O LUU)~ f---U):S <l:d]UJ ::>~UJ -UJ~ ~f-:<t QU)-J ~ @ ~ 9 I - ~ . . 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OF J~ Jun-28-2007 08:57am From-MGM Grand Business Center 7028918086 T-159 POOI/OOI F-818 VIA FAX (951.471.1419) AND US MAlL ENDANGERED HABiTATS LEAGUE DEDICATED TD ECOSYS'II:M 1't<()ll'CII(l~ AND $lJ5TAINAUlE LAND USE June 27, 2007 Members of Planning Commission and City Council c/o Robelt Brady, City Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Re: 9.09-Acre Project (No. 2007-12) Honorable Members of the PlaJming Commission and City COlmcil: I write on behalf of the Endangered Habitats League (EHL), a non-profit organization dedicated to the preservation and restoration of Southern California native ecosystems and to sustainable land use planning. EHL has played a considerable role in promoting multi-species habitat planning in Riverside County, culminating in the adoption and commitment Eo implement the Westem Riverside County Multi-Species Habitat Conservation Plan (MSHCP) by the County and participating cities, including the City of Lal,e Elsinore. It has corne to EHL's attention that the above-referenced project will be preliminarily considered by the Planning Commission at its meeting scheduled for Thursday, June 28. Whi Ie EHL will give deference to the views of the Regional Conservation A\lthority (RCA), it wishes to express its concern at this early stage-while design options are still open-thaI the project as conceived m~y be inconsistent with MSHCP reserve assembly criteria, particularly as they relate to the maintenance of connectivity between core areas slated for conservation and to the habitat requirements of target species. Maintaining the biological integrity of the MSHCP is of the highest priority for EHL. EHL would like to work constnlctively with City and RCA staff, as well as the project proponent, to find viable alternative design solutions, for this project and for the region as a whole, that are consistent with the adopted conservation plan. Should any ofyoll or your staff wish to pursue this matter [tuther with EHL, please contact the undersigned or Executive Director Dr. Dan Silver. Thank you for considering EHL's views. Very truly yours, ~.dR Michael D. Fitts Staff Attomey ? AGENDA ITEM NO. . - :3 3 PAGE ~9 Of__ 8424-A SANTA MO~IC:A Ill.vl).. #5')2. lOs ANGI,L1;S, CA 90069-4267 . WWW.E~IIJ^,i"I;,()i<(; . ["HONE 213,804.2750 . 'AX 323.654,1931 TO: CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 3, 2007 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT: CONDITONAL USE PERMIT NO. 2007-04 (T-MOBILE WIRELESS TELECOMMUNICATIONS FACILITY) MARC MYERS/THE PLANNING CONSORTIUM INC.: 627 N. MAIN STREET, ORANGE CA, 92868 APPLICANT: OWNER THE CITY OF LAKE ELSINORE PROJECT REQUEST The applicant, on behalf ofT-Mobile USA Inc. ("T-Mobile"), requests approval of a Conditional Use Permit for the installation and operation of a wireless telecommunications facility (antenna pole with associated equipment cabinets) located within the public right-of-way along Via Scenica near the intersection of Corte Straza and Via Scenica, within the Tuscany Hills residential neighborhood. PROJECT LOCATION The proposed location of the telecommunications facility is adjacent to the sidewalk on the eastern side of Via Scenica, just above the Tuscany Hills Association Recreation Center and pool facility, and approximately 275 linear-feet south of the Corte Straza and Via Scenica intersection. NoHlO.I\ iTEM NO. f PAC\: / OF /J PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 BACKGROUND The applicant proposes to install the telecommunications facility in a residential neighborhood. Based on concerns about the proposed location of the telecommunications facility, staff attempted on numerous occasions to negotiate with the applicant to find an alternative site for the monopole that would provide equal, if not superior, coverage. T-Mobile and its representatives rejected each alternative site proposed by staff and refused to offer other potential sites. All recently approved telecommunications facilities have been located in non- residential zoning districts. On June 7, 2007, the applicant notified staff via email, that T-Mobile wanted to proceed to the next available Planning Commission hearing with the application as originally submitted. ENVIRONMENTAL SETTING EXISTI~G '/ ZONING' . · <!GENER,\LPLAN. .' ." LAND USE ." Project Existing Public Public Right-Of-Way Public Right-Of-Way Site Ri ht-Of-Wa North Residential Tuscany Hills Specific Tuscany Hills Specific Plan Plan South Existing Public Public Right-Of-Way Public Right-Of-Way Ri ht-Of-Wa East Vacant Tuscany Hills Specific Tuscany Hills Specific Plan Plan West Residential Tuscany Hills Specific Tuscany Hills Specific Plan Plan PROJECT DESCRIPTION Sitinfl The applicant is proposing to locate the telecommunications facility within the public right-of-way just beyond the sidewalk on the eastern side of Via Scenica above the Tuscany Hills Association Recreation Center and pool facility. The ACENDA ITEM NO. PACE L .r OF H PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 proposed site is a relatively flat turfed area that extends approximately ten to fifteen feet east before sloping upward to adjacent residential uses and sloping downward to the Tuscany Hills Association Recreation Center. Telecommunications Facilitv The proposed wireless facility will consist oUbree (3) sectors of antennas (with one (1) antenna per sector), one (1) associated Base Transceiver Station (BTS) equipment cabinet, one (1) radio equipment cabinet, one (1) Myers Electrical Meter Pedestal, and one (1) Tesco Telephone Service Pedestal. The proposed antenna pole structure will be approximately twenty-nine feet six inches (29'-6") in height from finish grade. A textured coated steel "slimline" pole with a nine foot (9') stealth radome (which will house and conceal the antennas) will be placed on top of the antenna structure. The overall combined height of the antenna structure and "slimline" stealth radome antenna housing unit will be approximately thirty-eight feet nine inches (38'-9"). In an effort to minimize potential visual impacts related to the existing residential neighborhood, the applicant has designed the antenna structure and antenna housing unit so that it resembles typical streetlight poles as seen throughout the Tuscany Hills residential district. The equipment cabinet will measure approximately five feet five inches (5'-5") in height from finished grade and will have a width of four feet three inches (4'-3"). The Tesco Telephone Service Pedestal and Myers Electrical Meter Pedestal will have an approximate overall height of three feet eight inches (3'-8") and four feet six inches (4'-6"), respectively. The applicant is proposing to paint the proposed cabinets to match the color of the existing surrounding landscaped environment and will not provide a utility enclosure. ANALYSIS According to Lake Elsinore Municipal Code Section 17.74.060, the Planning Commission shall make the following findings before granting a Conditional Use Permit: AGENDA ITEM NO. ~ PAGE 3 OF j.? PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 1. !h~t the propo~ed use, o~ its own merits and within the context of its setting, IS In accord With the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the' yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 5. That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. 6. That adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. If the Planning Commission is unable to make anyone of these findings, the Conditional Use Permit cannot be approved. Said another way, the Planning Commission must be able to make all of these findings in order to approve the Conditional Use Permit. Based upon the application submitted and all of the evidence presented, Staff believes that the Planning Commission cannot make four of the required findings. First, the proposed telecommunications facility is incompatible with the purpose of the Lake Elsinore General Plan and the Tuscany Hills Specific Plan. In addition, the proposal fails to comply with the requirements of the Lake Elsinore Municipal Code. The Lake Elsinore Municipal Code serves to implement the goals and objectives of the General Plan. Chapter 17.64 of the Lake Elsinore Municipal Code requires that AGENDA ITEM NO. ~ PACE 4'" OF /..3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 all utility lines and facilities, including but not:!1imited to electric, power, telephone or other communication, street lighting, cable television lines and other such utility lines, be placed underground, and shaIr' be installed in ac~ordance with the standards prescribed by the California Public Utility Commission in streets or alleys. The purpose of the undergrounding utility requirement is twofold. First the purpose is to preserve views and viewshedsfrom obstruction that is caused by poles, cables and other ancillary utility equipment. Second, the purpose is to protect utility equipment from weathering, vandalism, and general degradation. The proposed project is incompatible with the goals and objectives of Chapter 16.64 of the Lake Elsinore Municipal Code; which is to preserve views and viewsheds from obstruction by utility equipment. Nevertheless, Staff understands that telecommunications facilities cannot be undergrounded and Staff attempted to work with T-Mobile on numerous occasions to identify alternative "coverage equivalent" sites where the monopole could, be erected. Those efforts were fruitless. If the applicant identified an alternat~ve site for the monopole where the viewshed were not negatively impacted, and all else being the same, the Planning Commission would likely be able to make this finding. Second, the telecommunications facility will be detrimental to the general health, safety, comfort, and general welfare of persons residing in the Tuscany Hills neighborhood. The proposed monopole will, approximately be located within thirty-five feet (35') of residences and the recreation area, thus unreasonably exposing Lake Elsinore residents to noise and vibration associated with the telecommunication facility. In addition, though scientists have not conclusively linked electromagnetic frequency radiation (EMF) to serious illness, research suggests that prolonged exposure of people to EMF can lead to serious health effects. Third, even though the ground of the site for the proposed monopole is adequate in size and shape, the airspace is inadequate. Th~ monopole directly interferes with residents' unobstructed views of the lake and mountains. Fourth, in approving the monopole at the proposed location, there will be significant adverse effects on abutting property owners' viewsheds and peaceful enjoyment of their property. The interference, with viewsheds could potentially negatively impact property values and desirability of the neighborhood. The noise and vibration of the facility will be disruptive. AGENDA ITEM NO. ~ PAGE ,.5- OF /.3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 For these reasons, Staff recommends that the Planning Commission deny the applicant's request for a Conditional Use Permit. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), the proposed installation and operation of a wireless telecommunications facility located within the public right-of-way along Via Scenica, near the intersection of Corte Straza is not a project given that it is recommended that the project be denied. If the Planning Commission wishes to approve the Conditional Use Permit and determines that all necessary findings can be made, Staff will have to make an environmental determination regarding appropriate CEQA documentation. The Conditional Use Permit cannot be approved until the requisite CEQA determination is made. RECOMMENDATION It is recommended that the Planning Commission deny the request for Conditional Use Permit No. 2007-04 for a proposed T-Mobile telecommunications facility located within the public right-of-way based on the findings contained in the staff report. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: --t:-U~r_ )~~ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. VICINITY MAP 2. TITLE SHEET 3. ABBREVIATIONS, SYMBOLOGY, AND GENERAL NOTES 4. DETAILS AND RF INFORMATION 5. SITE PLAN AGENDA ITEM NO. J PAGE h OF U . - PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2007-04 JULY 3, 2007 6. 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"" I~ fi~ i D! ~!!' up ~ ~ Ii i ~~!U!::E'i~~ lill' i1iql'li 11"II'lljlil'" -- -- -- -- -- ~ ~n~ 1111 -o~, a H~~ II' ~iiS .~ .~ ~~ r i. ;, ,I I'" ~;:; ~~ y g~ !~ pi , ~~ II ~ '. . II '. .. , Iqnl I' 8 ~ ~ ~ Cl , ~ (n'! 1 ~ ~ :;: ~ ! , . ~ ~ ~ f ~ ~ i ~ ~ r ~ ~ ~ "l ~ ,. " ~ ~ ~ ~ '" <> ') <> ;Ii / { Os ~;~~~~ ~. , ;;;- ~ f:' ,., .!i " ! -< ~Q , , , / '0 i <; ~ 'I ~ ' ~ /, , L PACE /3 OF /~ , .c TO: CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 3, 2007 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377-080-077). II " ,I PROJECT TITLE: APPLICANT: THOMASLUDDEN/LUDDENDEVELOPMENT INC.: 25095 OWENS LAKE, LAKE FOREST, CA 92630 OWNER: DENNIS DEMONTIGNY: 29883 THIRD STREET, LAKE ELSINORE, CA 92530 PROJECT REOUEST . Conditional Use Permit No. 2006-21: The applicant requests approval of a CUP for the construction and operation of a 547 square-foot outdoor patio that will be located along the northwest interior side ofthe proposed Lone Star Steakhouse restaurant. . Variance No. 2007-02: The applicant is requesting a variance for the reduction ofthe parking and landscaping setbacks along Dexter A venue, Dexter Place, the northwest interior property line, and the CAL TRANS right-of-way located along the rear of the property; as well as a reduction in the size of interior parking lot planter beds. AGENDA ITEM -1a-- PAGE~00S PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE · Commercial Design Review No. 2006-18: The applicant is requesting Design Review consideration for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service-yard and a 547 square-foot outdoor patio dining area located at 18601 Dexter Avenue. The project site is located within the C-2 (General Commercial) Zoning district and has a General Plan designation of Freeway Business (FB). Review for the requested Conditional Use Permit, Variance, and Commercial Design Review is pursuant to Chapter 17.48 (C-2, General Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.76 (Variances), Chapter 17.38 (Non-Residential Development Standards), and Chapter 17.74 (Conditional Use Permits), of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is generally located on the south comer ofthe Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077). BACKGROUND On November 30, 2006 the applicant submitted to the Community Development Department an application for a Commercial Design Review regarding the proposed Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077). The Commercial Design Review is necessary to ensure that all new and re- development conforms and is consistent the City's General Plan Architectural Design Guidelines. On April 5, 2007 the City's Design Review Committee (DRC) reviewed the proposed plans for consistency with the C-2 (General Commercial) zoning district as well as the General Plan's Architectural Design Guidelines. Staff worked diligently with the applicant to identify several substantive comments on parking lot and landscaping setbacks, proposed architectural design elements, building massing, landscaping, parking and circulation, and on-site lighting. At the April 5, 2007 D RC meeting, staff identified deficiencies in regards to the project meeting the minimum LEMC requirements. The applicant notified staff that they AGENDA ITEM L PAGE ot oJ,,) PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE would have to apply for a variance in order to the develop the property; due the fact that the lot was irregular in nature and it had three (3) different public rights-of-ways located along the front and rear of the subject parcel. On May 21, 2007, the applicant submitted an application for a variance in addition to the Commercial Design Review and Conditional Use Permit for the Lone Star Steakhouse located at 18601 Dexter Avenue (APN: 377-080-077). The applicant resubmitted plans indicating revised architectural e1ementation, additiona11andscaping, and on-site lighting, as was agreed upon by Staff at the AprilS, 2007 DRC meeting. ENVIRONMENTAL SETTING Project Vacant C-2 (General Freeway Site Commercial Business District North Public Park & Ride n/a n/a South Vacant C-2 (General Freeway Commercial Business District East Commercial County of Riverside County of (under Riverside construction West 1-15 Freeway PROJECT DESCRIPTION Conditional Use Permit No. 2006-21 The applicant is requesting approval for the construction and operation of a 547 square- foot outdoor dining patio that will be located along the northwest exterior side AGENDA ITEM~ PAGE~O~J PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE of the proposed Lone Star Steakhouse restaurant. Pursuant to Chapter 17.44 (C-l, Neighborhood Commercial Zoning District) and 17.48 (C-2, General Commercial District), restaurants and eating places with outdoor eating areas are a permitted use subject to a Conditional Use Permit. As allowed in the LEMC, the Planning Commission is empowered to grant and deny applications for Conditional Use Permits, and to impose reasonable conditions upon the granting of Conditional Use Permits. Variance No. 2007-02 The applicant is requesting approval of a variance for the reduction of parking and landscaping setbacks along Dexter A venue, Dexter Place, the northwest interior property line, and the CAL TRANS right -of-way located along the rear of the property; as well as a reduction in the size of the interior parking lot planter beds. The requested variance will cover the following requests: . The applicant is requesting a variance to Sections 17.48.060(a)(b), 17.48.080(a), and 17.66. 100(a), allowing a reduction ofthe twenty-foot (20') average parking area and landscape setback requirement along Dexter A venue, Dexter Place, and the CAL TRANS right-of-way located at the rear of the lot. If approved, the variance will reduce the twenty- foot (20') average setback to an approximate average setback dimension of thirteen-feet six inches (13' -6"), with a minimum setback of six-feet (6') for Dexter A venue and Dexter Place. It should also be noted that in order to offset the reduction in landscaping along Dexter Avenue and Dexter Place, the applicant is proposing to utilize heavy screening methods, such as berming and numerous five (5) gallon shrubs and twenty-four inch (24") box trees. The variance also requests that the average setback requirement adjacent to the CALTRANS right-of-way along the rear of the subject lot be reduced from fifteen feet (15') to five-feet (5'). The applicant is proposing to incorporate a heavy landscape buffer to offset the reduction in landscaped setback distance. AGENDA ITEM L PAGELoFSr PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE · The applicant is requesting a variance to Section 17.66.100(c), to reduce the required northwest interior property line landscaping setback from five-feet (5') to four- feet six -inches (4' -6"). The applicant is proposing to incorporate a heavy landscape buffer to offset the reduction in landscaped setback distance. · The applicant is requesting a variance to Section 17.66.1 OO( e) to reduce the interior parking lot planter beds from a required width of five-feet (5') to a width range that fluctuates between two-feet (2') and four-feet (4'); depending on the location of the planter bed and the two-way driveway that circulates the site. As allowed in the LEMC, the Planning Commission is empowered to grant relief from applicable provisions of the LEMC through the variance mechanism and to impose reasonable conditions upon granting of the variance. Commercial Design Review No. 2006-18 Sitinz The applicant is proposing to construct a 6,899 square-foot restaurant, a 547 square- foot outdoor dining patio, and a 586 square-foot service yard on an existing lot located at 18601 Dexter Avenue (APN: 377-080-077). The existing lot is bordered by Dexter A venue and Dexter Place at the front and a CAL TRANS right-of-way along the rear. The lot slopes downward from Dexter A venue and Dexter Place to the rear of the property; where there is an existing drainage outlet. An existing freeway billboard sign is located adjacent to the subject lot at the rear south end. An existing wireless telecommunications facility is located adjacent to the subject lot at the rear north end. Gradinz and Drainaze At present, the existing lot slopes downward from the front of the subject lot along Dexter Avenue and Dexter Place. In order to create a flat buildable pad for development, the applicant is proposing to elevate the pad by importing approximately 1,500 cubic-yards of fill. In addition to the import of fill, the applicant is also proposing to cut approximately five-hundred (500) cubic-yards and fill two-thousand AGENDA ITEM~ PAGEloF0J PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (2,000) cubic-yards. The applicant is proposing a retaining wall to retain the parking area at rear of the subject lot. The proposed wall will be approximately nine-feet (9') in height and will be setback from the parking spaces two-foot six-inches (2'-6"). It should be noted that in addition to the wall incorporating a heavy landscape buffer; staff has included a condition of approval mandating that the applicant incorporate a decorative block material to be reviewed and approved by the Director of Community Development or designee, prior to the issuance of a building permit. This will assist in softening any views of the wall from the 1-15 freeway off ramp. Onsite Circulation & Parkinrl Access to the Lone Star Steakhouse will be made via a two (2) way point of ingress/egress driveway off of Dexter A venue. Once traffic has entered the site, it may either circulate strait to access parking spaces on the south portion of the lot or at the rear of the property. Traffic may also circulate to the north in order to access parking spaces on the northwest portion of the lot or at the rear of the property. It should also be noted that the site has been designed so that two-way traffic can enter off Dexter Avenue and circulate around the site. Furthermore, Staff has added a condition of approval requiring the applicant to reserve three (3) parking spaces at the southeast comer of the lot for future reciprocal access with the southern adjacent lot. This will allow for interior circulation between the two (2) commercial properties. It should be noted that at present, the proposed site has a surplus of two (2) spaces, pursuant to Chapter 17.66.030 of the LEMC. By reserving three (3) spaces, the applicant will still be over-parked by two (2) spaces; however, once the adjacent site is developed and the three (3) spaces are removed for a two (2) way reciprocal access drive aisle, the adjacent developer will be required to provide a parking analysis to the Planning Commission; verifying that there are sufficient parking spaces to accommodate the proposed use on the developing site as well as the existing Lone Star Steakhouse. Furthermore, the applicant is proposing to provide eighty-nine (89) parking spaces and pursuant to Section 17.66.040 of the LEMC all parking spaces will be approximately nine-feet (9') in width with a length of eighteen-feet (18'). All interior parking striping will be a minimum of four-inches (4") in width. The applicantis proposing to include four (4) disabled parking spaces located directly in front of the restaurant. AGENDA ITEM (/ PAGE-"-O~ PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE Landscaoinf! The applicant is proposing approximately 11, 825 square-feet or twenty-two percent (22%) oflandscaping onsite and along the front, rear, interior perimeters, and around the proposed restaurant. The proposed landscape buffer along Dexter Avenue and Dexter Place will include berming, six (6) twenty-four inch (24") box "Magnolia" trees, five (5) twenty-four inch (24") box "Crape Myrtle" trees, three (3) twenty-four inch (24") box "Brisbane Box" trees, sixty-six (66) five (5) gallon "Privet" shrubs, fifty-four (54) five (5) gallon "Tobira" shrubs, and sixty-eight (68) one (1) gallon "Daylily" shrubs respectively. The rear property landscape buffer located adjacent to the CAL TRANS right-of-way will include approximately two (2) twenty-four inch (24") box "Crape Myrtle" trees, four (4) twenty-four inch (24") box "Brisbane Box" trees, three (3) twenty-four inch (24") box "Canary Island Pine" trees, sixty-nine (69) five (5) gallon "Privet" shrubs, twenty-three (23) five (5) gallon "Tobira" shrubs, twenty-six (26) one (1) gallon "Daylily" shrubs, and sixty-five (65) five (5) gallon "Xylosma" shrubs respectively. Interior perimeter (both north and south perimeters) landscaping will include three (3) twenty-four inch (24") box "Crape Myrtle" trees, nine (9) twenty-four inch (24") box "Canary Island Pine" trees, five (5) twenty-four inch (24") box "Brisbane Box" trees, eighty-three (83) five (5) gallon "Privet" shrubs, and eighty-seven (87) one (1) gallon "Daylily" shrubs respectively. The applicant is proposing to place the restaurant on an 'island' of landscaping. Surrounding landscaping will include nine (9) twenty-four inch (24") box "Crape Myrtle" trees, seven (7) twenty-four inch (24') box "Canary Island Pine" trees, one- hundred fifty-seven (157) one (1) gallon "Daylily" shrubs, twenty (20) five (5) gallon "Tobira" shrubs, twenty (20) five (5) gallon "Xylosma" shrubs, and twenty-three (23) five (5) gallon "Clara" shrubs respectively. In addition, the applicant is also proposing to include "Hybrid Fescue" sod at the front of the restaurant. It should be noted that Sections 17.66.1 OO( d) and (h) of the LEMC, requires that five percent (5%) of the proposed landscaping be distributed throughout the parking area and that one (1) twenty-four inch (24") box tree be provided for every five (5) parking spaces. The applicant meets and exceeds these requirements by providing AGENDA ITEM L PAGE L OFSj PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE approximately 2,394 square-feet or twenty-percent (20%) of the overall landscaping to internal parking area landscaping as well as forty (40) twenty-four inch (24") box parking area trees, where eighteen (18) are required pursuant to the LEMC. Architecture The proposed Lone Star Steakhouse restaurant will incorporate a "western" type architecture that represents their corporate identity. The east (front) elevation, which faces Dexter A venue and Dexter Place, will include a stone veneer base "wainscot" that runs the length of the elevation, decorative windows with divided "lites", window shutters, stucco, and "S"-tile roofing material. The applicant is also proposing an arched architectural element, which is elevated above the roof parapet. This element will incorporate the same stone veneer as seen on the "wainscot" base. The main entrance into the restaurant will be extended out from the front elevation and will have decorative western double-entrance doors. Directly in front of the restaurant's front entry doors, the applicant is proposing to inset Lone Star's corporate star logo into the finish concrete. The west (rear) elevation, which faces the 1-15 freeway, will include a stone veneer "wainscot" base, an arched architectural element, which is elevated above the roof parapet and includes a stone veneer and a parapet roof cornice. There is a 586 square- foot service yard that the applicant is proposing to attach to the rear of the building. In an effort to provide architectural consistency, the applicant is proposing to include the same architectural treatments present on all other elevations. The service yard will include a stone veneer "wainscot" base, an architectural roof cornice, and decorative utility doors. In an effort to screen any visual impacts into the service yard from the 1- 15 freeway, the applicant is proposing to include a solid "S" -tile roof element over the proposed trash bins located within the services yard. It should be noted that proposed "S"-tiles will match the same tiles on all other elevations. The applicant is also proposing to include an open trellis cover, which extends from both sides of the solid roof element to each end of the service yard. The north (interior) elevation will include a stone veneer "wainscot" base, an "s" -tile roof element below the roof parapet, an arched architectural element, windows with divided "lites", window shutters, decorative doors, and a parapet roof cornice. It should be noted that the applicant has chosen not to include the stone veneer on the arched AGENDA ITEM ~ PAGELoFSJ PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE architectural element as seen on the arched elements at the front and rear elevation. There will also be a 547 square-foot outdoor dining patio, which has access and connects to the restaurant. The patio walls, which extend approximately thirty-six inches (36"), will include a stone veneer "wainscot" base with a wooden style fencing inserted in between and a stone sill. The applicant is also proposing an open trellis patio cover that connects to the main building and extends over the trellis. The south (interior) elevation will include a stone veneer "wainscot" base, windows with divided "lites", window shutters, an "s" -tile roof element below the roof parapet, an arched architectural element, and a parapet roof cornice. As with the other arched architectural element seen on the opposite interior elevation, the applicant has chosen to not include the stone veneer as seen on the arched elements at the front and rear elevations. In an effort to provide architectural interest, the applicant has chosen to include a banquet room that will access and connect to the main building. This element will aesthetically match the all architectural elementation present on the rest of the elevation. Colors and Materials The materials and colors for the proposed Lone Star Steakhouse restaurant are as follows: 1~~fc1ITte'tfift~lfli~;t~l~~IIJI1M~" ,~,"'~fiJi:*,liI_".". ,'i"IlI.,',II"ilII1, . ..", ." ", , '.., " .. Primary Wall and Frazee Stucco ParaDet "Meadowlark" Flashing Frazee Metal "Black Metal" Trim Olympic Stain Wood "TauDe" Roof "S" -tile Clay tile "El Camino Blend Stone Veneer El Dorado Stone Stone Veneer "Shadow Rock" Cast Stone Cast Stone Stone "Pebble" AGENDA ITEM V PAGE L OFJS- PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE ANALYSIS Sitinf! The proposed site plan, other than the variance request for the parking area setbacks, landscape area setback, and a reduction in the minimum size of interior parking area planter beds meets all applicable development standards and criteria outlined in the General Commercial (C-2) zoning district and the Non-Residential development standards outlined in Chapter 17.38 of the LEMC. Although, the C-2 (General Commercial) zoning district does not have a minimum lot coverage or minimum floor- area-ratio (FAR) section within the LEMC, the applicant is proposing to have a lot coverage/FAR of approximately fifteen percent (15%). The proposed lot coverage/F AR for the proposed project complies with the FAR requirements as outlined in the Freeway Business General Plan designation. The Freeway Business General Plan designation permits a maximum density development FAR of seventy- five percent (75%) or .75. Onsite Circulation & Parkinf! The circulation, parking space layout and parking space requirements meets the requirements set forth in Chapter 17.66 (Parking Requirements) of the LEMC. Additionally, adequate turning radii have been provided for emergency vehicles and trash and delivery trucks which serve the site. The proposed project complies with all required parking spaces as outlined in Chapter 17.66 (parking Requirements) of the LEMC. The details are shown within the following matrix: Lone Star Steakhouse TOTAL 75 12 87 89 89 AGENDA ITEM L PAGE1!l-OrSJ PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE Architecture The "Western" architectural design for the proposed Lone Star Steakhouse restaurant complies with the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan. Additionally, the architecture ofthe building has been designed to achieve harmony and compatibility with the surrounding commercial and buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, decorative arched architectural elements, and decorative exterior materials. Landscavinf! The landscape design for the project site complies with the requirements set forth within Section 17.48.080 of the LEMC. The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations, provide shade and break-up expanses of pavement within the parking lot as well as compliment and buffer surrounding properties and associated land uses. Colors and Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element ofthe City General Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed project is categorically exempt from the provisions ofthe California Environmental Quality Act (CEQA), pursuant to Class 32, categorical exemptions for in-fill developments projects. Therefore no additional environmental clearance is necessary. AGENDA ITEML PAGELoF J J PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007-_ recommending City Council adoption of consistency findings with the Multiple Species Habitat Conservation Plan; Resolution No._ approving Conditional Use Permit No. 2006-21, Resolution No. 2007_ approving Variance No. 2007-02, Resolution No. 2007-_ recommending City Council approval of Commercial Design Review No. 2006-18 based on the Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. CEQA NOTICE OF EXEMPTION 5. SIGNED ACKNOWLEDGED DRAFT CONDITIONS OF APPROVAL 6. EXHIBITS . REDUCTIONS (8 11, x 11) 7. FULL SIZE PLAN SET AGENDA ITEM U PAGE~OFJJ VICINITY MAP CUP NO. 2006-21, VARIANCE NO. 2007-02 & COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A LONE STAR STEAKHOUSE RESTAURANT AT 18601 DEXTER AVENUE PLANNING COMMISSION AG~~WP(MW~o.:fJ ...... ... PAGE n OF S5 ":'" --'- RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Thomas Ludden of Ludden Development, submitted an application for a Conditional Use Permit, a Variance, and a Commercial Design Review in association with the establishment of Lone Star Steakhouse restaurant generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.38, 17.48, 17.74, and 17.76, requests for consideration of a conditional use permit, a Variance, and a Commercial Design Review for a Lone Star Steakhouse restaurant are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and/or the City Council; and WHEREAS, public notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 3,2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AGENDA ITEM NO. ....... t ........... \ PAGE-..!LoF .j S PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within an MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements. " The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). The Project site is located adjacent to the 1-15 freeway, and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the RiparianJRiverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. AcrnOA ITEM NO..t, ..... .',-". PACE li OF 0'.5 PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 4 The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 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. AGENDA ITEM NO. PACE I" ~ OF s-r PLANNING COMMISSION RESOLUTION NO. 2007- PAGE40F4 10.The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of July, 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. ? PACEJ? -=OF_J,j - RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-21 WHEREAS, Thomas Ludden of Ludden Development, has initiated proceedings to request the approval of Conditional Use Permit No. 2006-21 for the establishment of a Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on July 3, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2006-21 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: AGENDA ITEM NO. PAGE {~ (, OF S-S--: PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 4 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2006-11: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and jUnctional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments have been afforded an opportunity to review the use permit and their comments have been incorporated into the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation and maintenance of landscaping, walls, regulations of points ofvehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the AGENDA::;r NO.iAu__ PAC ~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 general health, safety, comfort, or general welfare of the surrounding neighborhood and the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The Lone Star Steakhouse restaurant has been designed in consideration of the size and shape of the Project site, thereby strengthening and enhancing the immediate commercial area. Further, the Project will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects. The facility design has been reviewed to ensure adequate provision of screening from adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The Lone Star Steakhouse restaurant use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the Lone Star Steakhouse restaurant has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on July 3, 2007. ACENDA ITEM NO. & - . PAGE a/) OF ~.5 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2006-21. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development AGENDA'1dr'~ ...J J - PAGE 01' - RESOLUTION NO. 2007-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2007-02 WHEREAS, Thomas Ludden of Ludden Development, has initiated proceedings to request approval of Variance No. 2007-02 to (1) reduce the parking and landscaping setbacks along Dexter Avenue and Dexter Place; (2) reduce the landscape setback along the northwest interior property line and at the rear of the subject lot; and (3) reduce the size of the interior parking lot planter beds for the Lone Star Steakhouse restaurant which would be generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077)(the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving, conditionally approving, or denying Variances in accordance with Lake Elsinore Municipal Code Chapter 17.76; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 3, 2007; NOW, THEREFORE, THE. PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request for Variance No. 2007-02 prior to approval. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code and the California Subdivision Map Act. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: AGE;<<OA\iE~RO'~F_S:S =- pAGEf)!.~ - PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with Chapter 17.76 of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Variance 2007-02: 1. That adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. This Variance is necessary because the General Plan Community Design Element requires sufficient landscape buffering along public right-ol-ways and throughout the proposed site. Without the Variance, the developable footprint of the Project site would be significantly reduced and would create a hardship on the property owner. 2. That there are special circumstances, pursuant to the purpose of this Chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the Variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. AC'ENl)r.. I'ttj 30. ~ S J =- PAcE OF PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 4 The proposed Lone Star Steakhouse restaurant site has three (3) public right-ol-ways along the front and rear of the subject lot. Other properties in the immediate area have only one (1) public right-ol-way available for access. Therefore, by granting: (1) a reduction in the landscaping and parking area setback along Dexter Avenue and Dexter Place from a twenty- foot (20') average to a thirteen-foot six-inch (13 '-6 '') average; (2) a reduction of the northwest interior landscaping setback from five-feet (5') to four-feet six-inches (4'-6") and a reduction of the rear lot average setback from fifteen-feet (15') to five-feet (5 '); and (3) a reduction of the interior parking lot planter beds from five-feet (5') to a range of two-feet (2') to four-feet (4') throughout the parking area, the City will not be granting special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject project is located. 3. That in approving the Variance, any reductions authorized from the strict interpretation of the Zoning Ordinance represents the minimum deviation from the Code necessary to fulfill the. purpose of this Chapter and enable reasonable development of the property. In granting the variance in the reduction of the parking and landscape area setbacks as well as the minimum width of interior parking area planter beds, the City has determined that the request for a Variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Variance No. 2007-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AG'iNOAITE~'q.iI 5' I) : PAce OF l . PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF4 PASSED, APPROVED AND ADOPTED this 3rd day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ':if.? ..)5. c. PAC OF RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-18 WHEREAS, Thomas Ludden of Ludden Development, has initiated proceedings for Commercial Design Review No. 2006-18 for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service-yard and a 547 square-foot outdoor patio dining area, which is generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications; and WHEREAS, on July 3,2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Commercial Design Review prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: AGENDA ITEM NO. ~ PACEd ~ OF.s s . ..~ ,~. PLANNING COMMISSION RESOLUTION NO. 2007 - PAGE 2 OF4 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission recommends that the City Council approve Commercial Design Review 2006-08 based upon the following findings: I. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Lone Star Steakhouse restaurant will assist in achieving the development of a well balanced and fUnctional mix of residential, commercial, industrial, open space, recreational, and institutional land uses and the Project will serve to diversifY and expand Lake Elsinore's economic base. The General Plan designation for the Project Site is Freeway Business. The primary purpose of areas designated General Commercial is to provide for large floor-area uses including office or commercial and manufacturing uses that require large display or storage areas. Other uses intended under this designation include home furnishings and improvement centers, industrial supply businesses, equipment sales and service, auto dealerships, large office buildings, and regional commercial developments. The zoning designation for the Project Site is C-2 (General Commercial). The intent of the C-2 District is to reserve appropriate locations consistent AGENDA ITEM No.6. PAGE j 7 OF .s 5 PLANNING COMMISSION RESOLUTION NO. 2007 - PAGE 3 OF 4 with the General Plan to accommodate a full range of retail stores, offices, personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City. 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Lone Star Steakhouse restaurant building is appropriate to the Project site and surrounding developments taking into account size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed development and existing projects in that the applicant is providing a "Western" architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the Lone Star Steakhouse restaurant blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in any significant adverse environmental impacts. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration by the Planning Commission on July 3, 2007. AGENDA ':1JO'~ PAC ~ PLANNING COMMISSION RESOLUTION NO. 2007 -_ PAGE 4 OF 4 SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council approve Commercial Design Review 2006-18. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development (p ACENDA rTEMf2r S ) ~ PACE~OF- QTY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COMMERaAL DESIGN REVIEW NO. 2006-18 FOR THE PROPOSED LONE STAR. STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377-080-077) PLANNING General Conditions 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit, Variance, and Commercial Design Review for the Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077) project attached hereto. 2. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 5. The Applicant shall comply with all requirements of the City's Grading AGENDA ITEM NO. ? ..... JI P~OF S) . Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 8. The applicant shall comply with all applicable City codes and ordinances. 9. All landscaping shall be installed as indicated on the proposed "Lone Star Steakhouse Preliminary Landscape" plan. Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 10.All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Conditional Use Permit No. 2006-11 l1.The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 12.The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. ACfNOA~~r- ~ ST" PAGE OF -.., I I I J 13.The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 14.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. IS.The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. 16.Live entertainment or PA system shall not be permitted on the outdoor patio. 17. The hours of operation for the outdoor dining patio shall be limited to the hours of operation expressed within the Business Plan submitted. Commercial Design Review No. 2006-08 General Conditions 18.Approval for Commercial Design Review No. 2006-18 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 19.Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 20.No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 21.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. ACfNDA ITEM NO. (, ,f(.) ~ PA()E3~ OF 22.Plan .~heck shall conform to the submitted plans as modified by CondItIons of Approval or by the PlamIing Commission and/or City Council through subsequent actions. 23.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color as well as represent the chosen architectural style. 24.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 25.The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 26.All trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. 27.No exterior roofladders shall be permitted. 28.All exterior downspouts shall be concealed within the buildings. 29.Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 30.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the PlamIing Division, prior to the issuance of a certificate of occupancy. ACEN~~:;~O'~fJ = 32.On-site surface drainage shall not cross sidewalks. " Prior to Issuance of Building/Grading Permit 33.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating that the types of materials and colors to be reviewed and approved by the Community Development Director or designee. 34.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating the there is a decorative pilaster with cap at each end of the proposed retaining wall and every thirty (3) linear feet on center in between. The decorative pilasters are to include a stone veneer with cap and are to be reviewed by the Community Development Director or designee. 35.Prior to the issuance of a building permit, the applicant shall submit a revised west elevation indicating that the two (2) utility doors have been revised to incorporate a more formalized appearance to be reviewed and approved by the Community Development Director or designee. 36.Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan indicating that up-lighting/accent lighting at all street frontages and around building perimeter as appropriate. 37. Prior to the issuance of a building permit, the applicant shall provide assurances to staff that all applicable fees have been met. 38.Prior to the issuance of a building permit, the applicant is to submit a revised landscape plan indicating that a minimum five (5) gallon "Frasier's Photinia" shrubs are incorporated intermittently throughout the landscaping buffer along Dexter Avenue and Dexter Place. 39.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to final landscape approval. a. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. AGENDA rr:}1!O._~ PAC OF c<::S b. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Plantings 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. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. g. Final landscape plans to include planting and irrigation details. h. 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. 1. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required year with approval/acceptance by the Landscape Consultant and the Director of Community . Development or Designee. J. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. J. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the onsite parking area. AGENDA ITEM NO.? ':J PACe.l[ OF .): k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. 40.Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. 41.Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 42.Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43.Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 44.Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 45.Prior to issuance of building permits, the applicant shall submit revised landscape plans indicating the all trees located within the parking lot area are a "Australian Willow" tree species and a minimum of twenty-four inch (24") box in size. 46.Prior to the issuance of building permit, the applicant shall submit revised landscape plans indicating a hedgerow along the north property line. The type of hedgerow plant material proposed and plant spacing shall be reviewed and approved by the Director of Community Development or designee. , , I 47.Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. AGENDA ITEM NO._~ PAGfr 1~ OF~ I Prior to the issuance of a Certificate of Occupancy 48. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved Uniform Sign Program on file with the Community Development Department. 49.Prior to the issuance of a certificate of occupancy, the applicant shall provide assurances to staff that all conditions of approval have been met. ENGINEERING DEPARTMENT General Requirements 50.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. 51.Prior to commencement of grading operations, the applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 52.All grading shall be done under the supervIsIon of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 53.An Encroachment Permit shall be obtained prior to any work on City or Caltrans right-of-way. Note that the adjacent southerly and westerly properties are under Caltrans jurisdiction. 54.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. AGENDA ITEM NO. PAcu7 ", OF S-S 55. Underground water rights shall be dedicated to the City pursuant to the provisions o~ Section ~6.52.030 (LEMC), and consistent with the City's agreement wIth the ElsInore Valley Municipal Water District. 56. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 57.The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 58.The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 59. 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 ofthese criteria are exceeded, drainage facilities shall be provided. 60.All drainage facilities in this project shall be constructed to Riverside County Flood Control District (RCFCD) Standards. 61.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 12" x I I" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 62.All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association. 63.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 64.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. 65.All on-site drainage shall be conveyed to a public facility, accepted by AGENDA I~~XO. C. ~ . PAGE OF f"S _ adjacen~ property owners by a letter of drainage acceptance, or conveyed to a dramage easement. 66.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. The applicant shall coordinate with the LA Fitness project and RCFCD regarding the use of the existing 30" drainage pipe on-site. This pipe shall not be located under any building structure. The relocation or modification work of the pipe shall be documented by engineering studies necessary to support that such work equals or exceeds the original drainage design of the pipe. 67.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 68.The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 69.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 70.The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 71.The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should h - A(jEN~:~:3tf/. 'OF_,)~ -= ~..._-' .. ~.-,.....,.- ,.-"." ~,.-:.,-.""- Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. n.The applicant shall dedicate 4'of road right-of-way along the project frontage on Dexter Avenue. In addition, the applicant shall grant 16' of easement for roadway and drainage purposes parallel to the 4' dedication. This 16' easement may be vacated should a new General Plan reduces the ultimate section of Dexter Avenue. 73.The applicant shall construct half-width street improvements along the project frontage on Dexter A venue and on Dexter Place. The improvements include ac pavement, sidewalk, street lighting, signing and striping, drainage and landscaping improvements. Additional ac pavement improvements and transitions shall be provided beyond the property limits to complete or meet existing street improvements. 74. The applicant shall submit street improvement and signing and striping plans for Dexter A venue and Dexter Place. In addition, a signing and striping plan on-site shall also be provided. Note that Dexter Place will require a striped median that mitigates the unusual geometry of the intersection. 75. The applicant shall provide reciprocal access to the adjacent property on the southerly portion of the project. This could be accomplished by reserving the three parking spaces closest to the driveway as the future access to the adjacent property. 76.The applicant shall submit a WQMP of the project for City's review and approval. Prior to Issuance of a Grading Permit 77. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. AGENDA m:M~ (;; 5 5 --= PAGE OF ..........".,....,'~'- 78. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 79.Construction Project access and hauling route shall be submitted and approved by the City Engineer, 80. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 81.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 82. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 83.The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 84. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 85.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 86. The applicant shall submit a "Will Serve" letter to the City Engineering ACEN~~~ll0'J:Ffs - .....--..."..... Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 87. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 88. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 89.The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC 12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 90.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 91.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 92.All signing and striping and traffic control devices shall be installed. 93.Required right-of-way dedication and easement shall be completed and recorded. 94.Water and sewer improvements shall be completed in accordance with Water District requirements. 95.Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 96. TUMF fees shall be paid. The TUMF fees shall be the effective rate at AGENDA ITEJ 11' ~ S-5 PAGE OF the time when the Certificate of Occupancy is obtained. 97. Th~ ~pplicant shall submit as-built plans and shall be responsible for :evlSlng the mylar plans. A digital copy of all completed public Improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SERVICES DEPARTMENT 98.The Developer shall pay park pay Park Fees of $0.10 per square foot for commercial and industrial. At 6,899 square feet @ $0.10 per square foot = $689.90. ADMINISTRATIVE SERVICES DEPARTMENT 99.Annex into CFD 2006-5 Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson@harris-assoc.com. 100. Annex into LLMD No. I Prior to approval ofthe Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. I 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) AafN~~:'1l1 ~ ~S': non-refundable deposit to cover the cost ofthe annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson<mharris-assoc.com. ELSINORE VALLEY MUNICPAL WATER DISTRICT 101. The applicant shall construct facilities per District approved plans. the applicant shall request a "will serve" letter from the District. RIVERSIDE COUNTY FIRE DEPARTMENT 102. Please see attached Riverside County Fire Department Conditions of approval. /' ",,,""., ~ .,"...., "."~' AcmnA.~~tOf;5'~ -: pACE --.-,,---.'" CITY OF ~ LAKE ,fj,LsiNORJ: ~~ DREAM EXTREME.. Notice of Exemption Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacr.unento,CJ\ 95814 ~ County Oerk of Riverside County 2724 Gateway Drive Riverside, CJ\ 92507 Project Tide: Conditional Use Pennit No. 2006-21; Variance No. 2007-02; and Commercial Design Review No. 2006-18 for a proposed Lone Star Steakhouse Restaurant located at 18601 Dexter Avenue (APN: 377-080.077). Project Location (Specific): The proposed project is generally located on the south corner of the Dexter Avenue and Dexter Place intersection at 18601 Dexter Avenue (APN: 377-080.077). Project Location (Gt}1: Gtyof Lake Elsinore Project Location (Count}1: Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is requesting Planning Commission review of a Commercial Design Review, a Conditional Use Pennit, and a Variance for a proposed 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service yard and a 547 squan,-foot outdoor patio dining area located at 18601 Dexter Avenue. Furthermore, the project site is located within the C-2 (General Commercial) zoning district and has a General Plan designation of Freeway Business (FB). Name of Public Agency Approving Project: Gty of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, Gtyof Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) IiSl Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15332, In-Fill Development Projects Reasons why project is exempt: This project meets the requirements pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA). Contact Person: Justin Carlson, Associate Planner Telephone Number: (951) 674-3124 x 295 Signed: Tide: Director of Community Develo.pment Rolfe M Preisendanz f" ~'.C" & - Jl,Ct1'll)/l. lieN! "0._ . <"S _ PAGE.!i f OF~ CITY OF ~ LAKE 5LSiNORJ: , I ~ DREAM EXTREME A CKNOWLEDEGEMENT OF DRAFT CONDITIONS RE: CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED IN 18601 DEXTER AVENUE (APN'S: 377-080-077) I hereby state that I/W e acknowledge the draft Conditions of Approval for the above named project. IIWe understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: ? /1- 7 fa. WI , Jlre...r rO"- c..t..t'~ Applicant's Signature: 1J.~ I<<.J,~ PN!'''7 ~J;/.;""-' ]:;..'. Phone Number: _no......!; L"'cJ.d~,.) ;JJ'o'j.r 0 ~e..s ~ Ln.€.. H-,..~.d: e4. 9,J.bJ 0 C( 'I f. 3-f' ~ - 77 J. 7 Print Name: Address: 951.674.3124 130 s. MAIN STREET LAKE Er.SJNORL CA 92530 <..~:&"'"""'''l':'','rr. ACFNOA rtE'It. . PAGE OF S-S - W\"."'V.L^KE~ ELSINORLORG -_..__._~...... ".l"~'"" '\ '. . ". f I I I I I I /1 i~ !~ I i I , \ L, 1\'. t"ll ",.~--ri~';;'7:,,:;'1 i \ J:II:~t~.c.(:~i'i;rrl:".:):':'~!' :11-":;I(~l\~'I\:i~I'" '90 IW I zr---J I I" "r .. / '\~~ ' ", "" H; 1;;- ,( ,i ' \ C~ - :" Pi:~~'>~lll ~l~ .;:./ it /, ~: ~Tr'- 0> !' ~/;.l \~.~~~ '~ 7'l/II:-~'-t' , , , I ' I; - ' ;<'0 r ~m~IJ;\C'''{) -,jr "-,,-/ ;/' ';:'2:1'~' "'",-\ -(II"I"~11 / : ___ \ ~~'e:: ~fl,> Iii I "', :-':;;,'~"~-~j' ~ I"" III / !~ 'I ",--IV,LI \. ",,1.1'1' l, "," /' ~ ".: l, R "-1'l~":\:J - I -".": \M-/{rr-/\ / C " 'k "01" '\ II 'iii --' - 'i : : '" ,I I'. 'l~' /..", "~' ~ '~1fJ I - I 'il '-! ,~f~;':':-".. 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"I' I ,---,: nl!!ll~ -I '!~!! 1m ~ -< ~~~ :" 1P-.!~:~ -..--.-...-..... .....00. LAKE ELSINORE CAllFORNIA tif~ .@,I "))1) '\~ ~ TARLOa. ASSOCIATES ARCtcTW:OTe - "!lMI___'t .....D...... - A.R.A. .UO....TO...LL ........u.............n ..v,_.".......... .....L........"oo-..'n -'; ....',,---.~.,...;;"""""-,,-"',.'" () -8 ,{C) ; (0:/ (5))' ~~ :~ i "l" ~.c , II 'f "I rn 8~1 ~ -~ ); z id, -=r-I / I ~,-ll \.J ) ~:'Rr~ N;-6 ".- ./6 r R~y~. --) - -- ", "f' I " '- :"j I \. .;..j (X'\>~i,!1 " ' ,." () ~./) 'i ""'vV' ;jl " K""<:>!I .. ,',j. ')"'~; -, <' , <>:-0 Q:~ ~. </.2 :\~ " CiI!J , ,-- n,. e~ { o~~ :~ ,,~, ((-,< ',I )> I ..... i.1 I . 'I, I - \J~~!4~ ---...a.- .uaD. LAKE ELSINORE CALIFORNIA PAGE ~ 111; llj j ',~! 'I: I ' ~!t :" ~~ ~.~ ~I I'! I". " Ii I! @ lij ~~i l~ U (! ~. ~~ :~~ ~i ~~ >:1" ". ~~ '2 ~~. j~ II!;!', N,,~2~ ~!, l~ s~ 0<6 0 ~~ ',',lIiil. 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I ~:~ 0' i , I o ~~ ~~ r 0000001 ~~ ~p ~~ ~i ; ~ --< ~~:i~~j~~~ i!, !:~ ~, III ~ l - !." ," 'II ';i~~~~~~~ i '! ,gl;'; , ~ ~ ,~ f i j ....>) ~m :6; ,'"' . m r ~ ~~~'; >!!!! 6; ~! : z ~~~~ ,i'~ :;;~ 'I' ~G- ---:ifV ,. -----, il ~i :! !' 85 .i 'I " " i! :i !~ " ,I !~ \J~ts!!~ ----_..~_.,- 8.\1000. LAKE ELSINORE CAliFORNIA rm .-11 ,'I ;!l~ I' ACfNoA '~qq' /;; -- j ~~Ii P'GE ~~ ;~Ii " !l:l' . .- ~_ ~J (,.,F,',!J:~' ~i: " . ,'11 ,;.41 TARLoe a. ASSOCIATES AJIIItOHJTaOTe - 1Il1_.lIRe A.l..... ......R..... ~ .7.0a....,.".....L .....",$4..'...0--...7. "'V'N_. C.... ......... TEL '......'...0-.."7 I -'_",",.._~_tl_".......,. I I I G~~ 0: ~~ i ! r "'->:-j' " ill-"~ :'~ b-l 'I!~ ~ ,@ , , : ~119~ !JI 0, ~~. : "1" I" ..J! ' e 11,11'1'11~" II ';:i~t1! 0 __ ~ I 8 ,:t;?:1r"--,. ! .,;;I[,)!< !.,"' , --;----,1' ~1"l;.;fil _c ,.~ ,:1 1, ' X~i; ! ,ih:II",','I', -- lf~ 1,1'" ' l'a~~ I 1 j.)' I ..\~. ',' ill '~.I : i;,~ -, ' I 'l;.U~Ji ,,~ ~1 ! ~ I ~:'::h.1 .h it : \i: ,I:~~i'-" ;111 I!! ~. '~ I; I~ ~ i~ :; ~ J:~ '!:~ :1 L_._.__. ,~'::!:~--l..,-- J ~':-'::. L,~:!"_Jl.:~~~L.:.-~:J i! ,I !~ ~~ ,~ ~; - ~"!5 ! I l'l'l ~ . 'I ll!;r- .~~~ z~~ ~ ~~~ ~ :-:; OJ II i ':!.I I ~". I'"''''' I' "f.'!, ~8 ;1' I"' I ~'I , , : :', I ";1 ACiFNDA ITEM NO. Y. ;~~ PAGE$) OF G 'I~ "m ,1'!1 1m " 1m ~ i5 z ,.,< .. --;~"':{~'1"!-O .-(;'" ,.,,' .--~ i I I ---"~---T-----! : ! i !. i I! i i~ G I ~ ~ +;'.. ~~ i :~ I~:;; - 'ii. J ii,' " !rll:IJc;"I'{ ;": !! 1;j';~,':1 i~ I I ,. (,I".,'", !.I ' ::iHI~"lll r} j"'.1 11' ::==:',1 1;. I :~:F.j}.1},j (;: i i ,:;!(W it>..' !!',i; :nPr'~\1r!--..~."-.!---. _~,I"----r ~"\ :'." fl,h. , I I j~~~ ,:. ~~; 6..... J ~~~ ~.'i~ (0 ~- I; , ,0 :~ " ii :~ !I I :l1 J' ! , : ~~I i~i :.' '" 'I, I' I , , t~ ... > I: ~R3g , Jl-' ~~~ I '1l , ~: ~ ~ / I ~ ~ In , .__J pr !:ct.:' , ,ti 'li'1 i' Ii " .. ~~ :~~ 1~ --, if, ~o\'.!~r~ ----0.-..--- 1101000. LAKE ELSINORE CALIFORNIA {~ I~i~ -- ~ TARLOS. ASSOCIATES ~Ta-"IIIIIIIIID'II" ......I.A. .....A.A. '7.01l...,T<;".LL ~..." ,......, 280-'.? ,..".....,<;.......... T"L,...."'2.0-""? 1 I , I 'U ".1 e~ '... ,e " , ~ ~ :~ , @ Sl'~ '-{ ;~ Oz z Gl ::; ~ ... ... en Ig I~ J j' / 7"-"- -"_"_"_ ....= 'I' 1,1 'II j . ,~;.. '::'--1' i " . . . .- . i " , I .. f' ~~": I I ~ ',' I .:' 0111 I" I., en !lgi'ol I " - ---~ ------ , i i'il ~!~ l ~!".~ ~ I 'f' I, Ii 11__, Ji~ j- 71 Ii/f) i , , 'I I ~i'} i <@ I . I n i~ , n "- 'I' iii j o "J'" ~!: .... ;0 ~I~ I~ I~ I~ en m () -{ 5 z I I; , 'I I: k---l I' , . , . ~ , ",,::.:r "'~ '; .; " ~ ' . j >1 'I !!~ !J! I, I ~ 111 ,I ,I 1 , ~ ' ~ ~ , {I j; \" \.1- .", :lft ,I' ~ f ! II; Jr~ _~_G - j-- t 1JO~!t:~~ --."'-0"------ .UP. LAKE ELSINORE CALIFORNIA " I : : ~; ~ i :" ,. ! i ~ Cl ... m Cl m Z o ACENOA ITEM ;0. PACE .s !IIi! ~ I i 1t TARLoa. AseOCIATES AAOHrTIIOTa - IU''Jllfl8lD'l. A.l_A. _ A.R.A. '7."2 ..TQHIIU. ""''' ,...., ...,..,.,.... ...V_.C.......W...__,......'.4C>--4"7 r,,",~: ~- -- ------ -~-~ _.,_.~--- MATERIAL BOARD LAKE ELSINORE. CA j~' T ARLOS 6. ASSOCIATES ARCtn'ECT8 - ENGN!ER8 ALA. - A.R.A. ~ ~ PAX .......... ...... CA...... TI!L'" UOo4T17 RF-4 TWO PIECE CLAY ROOF TILE U.S. TILE EL CAMINO BLEND SV-5 STONE VENEER EL DORADO STONE COLOR. MOUNTAIN BLEND 'SHADOW ROCK' CS-8 CAST STONE DAVIS COLOR. 'PEBBLE' P-l FIELD STUCCO & PARAPET FRAZEE PAINT. 8724 'MEADOWLARK' P-2 FLASHING FRAZEE PAINT. 8798N 'SLACK METAL' P-3 EXTERIOR WOOD TRIM OLYMPIC STAIN COLOR. 'TAUPE' 'r/;:::::- (P~ i' 1- I;):' j.- r ,- /' i. ;--- ~ ;-- l , ~ >---- ,,-.. /:--. ~ ~ - -. ,....;,..,r'II',r.'r.,r;;. ! \ , TO: CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: DATE: JULY 03, 2007 PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PROJECT TITLE: GENERAL PLAN CONFORMITY OF THE SUMMARY STREET V ACA TION FOR THE RIGHT-OF-WAY KNOWN AS "FLINT STREET" PROJECT REQUEST Summary Street Vacation ofa portion of the Flint Street right-of-way from Lowell Street to where it terminates approximately 150 feet to the northwest. This section of Flint Street has not been improved and exists only as a paper street. All adjacent parcels have access to the surrounding public right-of-way. PROJECT LOCATION The 0.103-net acre portion of Flint Street is located West of Lowell Street and North of Pottery Street. PROJECT DESCRIPTION A Summary Vacation of the right-of-way known as Flint Street within the incorporated limits of the City of Lake Esinore. The excess portion of right-of- way is owned in easement by the City of Lake Esinore. ,---..~. ,--,. "f\~ "V"i'~:~_':;27'" ()" F......_I"":.-- .J , PLANNING COMMISSION STAFF REPORT July 03, 2007 PAGE 2 of3 PROJECT TITLE: ANALYSIS Flint Street is located near Pottery Street West of Lowell Street and currently exists as a paper street. Portions to the south of this proposal have been eliminated as right-of-way for public access via roadway vacation. All existing lots in the vicinity have access to Public Right-of-Way, Staff is in agreement with this request. RECOMMENDATION Staff recommends that the Planning Commission: 1. Adopt Resolution No. _ finding that the Summary Vacation of Flint Street as described on the attached Plat Map and Legal Description conforms to the Lake Elsinore General Plan; and 2. Direct staff to forward a copy of this report and the Planning Commission Resolution to the City Council for consideration. PREPARED BY: JL ~ h..-L- KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS, CITY ENGINEER APPROVED BY: ~ ROLFE PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: AGEN~EM -i- PAGE OF ----L--- PLANNING COMMISSION STAFF REPORT July 03, 2007 PAGE 3 of3 PROJECT TITLE: l. Resolution 2007 adopting the findings that the Summary Vacation of Flint Street as described on the attached Plat Map and Legal Description conforms to the Lake Elsinore General Plan 2. Legal Description 3. Plat Map AGENDA ITEM 1 PAGE~OFr= RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT THE VACATION OF FLINT STREET CONFORMS TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT i WHEREAS, Mediford Engineering, Inc., has filed an application with the City of Lake Elsinore requesting the vacation of an approximately 0.103 acre portion of Flint Street right-of-way located south of Chaney Street and east of Pottery Street (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding whether a street vacation conforms to the City's General Plan Circulation Element; and WHEREAS, notice of the Project has been given, and the Planning Commission has considered evidence presented by the Engineering Division and other interested parties at a public meeting held with respect to this item on July 3, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby finds and determines that the portion of Flint Street referenced above is;excess right-of-way and the vacation of that portion of the public street conforms to the City's General Plan Circulation Element. SECTION 2. The Planning Commission finds. and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. ~~ 15000 et seq.: the "CEQA Guidelines") pursuant to a Class 1 exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. (14 C.C.R. ~ 15301.) ACENDA'TEM~O. '/ ~ PACE ~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 2 SECTION 3. Based upon all of the evidence presented and the findings above, the Planning Commission hereby recommends that the City Council find that the vacation of that portion of Flint Street referenced above is consistent with the City's General Plan Circulation Element. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of July 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development /.\CHIDAITEjO. 1__ PACE --;F.1- ~ LEGAL DESCRIPTION THAT PORTION OF FLINT STREET ADJOINING LOT 191N BLOCK 76 OF HAZARDS SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 1, PAGE 47, RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWEST LINE OF SAID FLINT STREET, SAID POINT BEING THE EAST CORNER OF SAID LOT 19 AS SHOWN ON SAID MAP, THENCE, ALONG SAID SOUTHWEST LINE, NORTH 700 59' 16" WEST, 150.00 FEET, TO THE NORTH CORNER OF SAID LOT 19 AS SHOWN ON SAID MAP, THENCE, ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWEST LINE OF SAID LOT 19, NORTH 19000' 44" EAST, 60.00 FEET, TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID FLINT STREET AS SHOWN ON SAID MAP, THENCE, ALONG SAID RIGHT OF WAY LINE SOUTH 700 59' 16" EAST, 150.00 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEAST LINE OF SAID LOT 19, THENCE, ALONG SAID EXTENSION SOUTH 19000' 44" WEST, 60.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINS 9,000 SQ. FT. (0.21 ACRES) MORE OR LESS ~~~ MICHAEL A. MEDOFER PLS 7385 EXP. 12/31/07 /%t~ D TE 3092-flint-vac-legal.doc ACfNDA ITEM NO. 1 1... PACE tl; 01'_ ~ 133illS 113MOl . ~b . 0 o. pO ",to ~ VI ,00'09 3 >>,OO.6~N ai Z I- ei 0 1LI a: .~ F= 1LI Vi ~ b g: S- O - b fo~ ei en b @ 0 I/') 0 ~ d ~ d ~ I/') 1-1- I/') ~ ~ CIl~ (r) r-.... a ~J!: ,O~ 1 ,O~ m ~ t..:l ..- 1LI . ~ ..- 1LI UJen to ~ ~ . ~ . to 0, <0 ~ ~ ~ 0, I- 10 0, Z 0 10 10 " 0 0 [2 VI " " z VI I- Z 2 ,00'09 M.>>,OO.6~S ~ "- ~ 1LI G (.:) 0 . 0... co ~b 0 C> co . 0 N c5 o. ..- pO - ",<0 ~ ~ z 0 .t " cj ~ b, - o AG~NDA ITE~O. PACE OF