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Home My WebLink AboutItem No. 1CITY OF LADE LSIIYORJE - -, ` DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: BOB BRADY, CITY MANAGER DATE: MARCH 1, 2011 SUBJECT: TENTATIVE PARCEL MAP NO. 36304: A REQUEST TO SUBDIVIDE AN EXISTING 3.17 ACRE SITE INTO THREE (3) PARCELS WITHIN THE RESIDENTIAL SINGLE FAMILY (RSF) DISTRICT OF THE TUSCANY HILLS SPECIFIC PLAN APPLICANT/ DOUGLAS PINNOW, 7 VIA DEL LAGO, LAKE ELSINORE, OWNER: CA 92532 Project Request The applicant is proposing to subdivide 3.17 acres of land into three (3) individual parcels pursuant to the requirements of the Tuscany Hills Specific Plan, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section 66424 of the California Subdivision Map Act (CSMA). Proiect Location The 3.17 acre project site is located at 7 Via Del Lago. Access to the project site is available from Via Del Lago. PC March 1, 2011 Item No. 1 Page 1 of 17 Tentative Parcel Map No. 36304 March 1, 2011 Page 2 of 3 Environmental Setting The site is bounded on all sides by existing residential land uses. Project Existing Single R -SF (Residential Single Tuscany Hills Specific Site Family Residence Family) Plan North Existing Single R -SF (Residential Single Tuscany Hills Specific Family Residence Family) Plan South Vacant R -1 (Single Family Low Medium Density Residential Residential East Existing Single R -SF (Residential Single Tuscany Hills Specific Family Residence Family) Plan West Vacant R -SF (Residential Single Tuscany Hills Specific Family) Plan Project Description The proposed parcel map will subdivide the aforementioned 3.17 -acres of single family residentially zoned land into three (3) separate parcels (one with an existing owner residence and detached garage and two lots suitable for future development of single - family residences). Grading for the two unoccupied pads and associated driveway entrance was completed in 2009 under city permit. The two pads are currently used for sport courts, but they were designed to have dual purposes as either sport courts or future building pads for single - family residences. Parcel No. 1 will be 1.00 acres (43,560 square feet), Parcel No. 2 will be 1.00 acres (43,560 square feet), Parcel No. 3 will be 3.17 acres (50,965 square feet), Analysis The applicant is proposing to subdivide the identified property for the creation of three (3) individual parcels, in that the proposed subdivision and development standards (i.e. lot size, lot frontage) comply with the Tuscany Hills Specific Plan (R -SF District), Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, and Section 66424 of the California Subdivision Map Act (CSMA). City Planning and Engineering staffs have reviewed the project, and have no concerns regarding the proposed request. Environmental Determination Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions). No further environmental clearance is necessary. PC March 1, 2011 Item No. 1 Page 2 of 17 Tentative Parcel Map No. 36304 March 1, 2011 Page 3 of 3 Recommendation • Adopt a Resolution No. 2011 - adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, • Adopt a Resolution No. 2011 -_ recommending to the City Council approval of Tentative Parcel Map No. 36304 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, eG Project Planner Reviewed By: Matthew C. Harris, Senior Planner Approved By: Bob Brady, City Manage Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. Draft Acknowledgement of Conditions of Approval 5. Tentative Parcel Map No. 36304 (reduction) 6. Full Size Plan PC March 1, 2011 Item No. 1 Page 3 of 17 VICINITY MAP TENTATIVE PARCEL MAP NO 36304 7 VIA DEL LAGO APN# 363- 350 -021 PC March 1, 2011 Item No. 1 Page 4 of 17 RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS TENTATIVE PARCEL MAP NO. 36304 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Doug Pinnow, for the subdivision of 3.17 acres of land into three (3) single family residential lots( "the Project "), which is located 7 Via Del Lago at APN 363- 350 -021 (the ,. Site "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and 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'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 MSHCP Consistency Findings: PC March 1, 2011 Item No. 1 Page 5 of 17 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 2 OF 5 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. According to the MSHCP Compliance Document prepared by Searl Biological Services (SBS) dated August 20, 2010, the project site does not support riparian or riverine resources, since the site consists of an existing single family residence or previously graded pads. The site is largely comprised of disturbed land. Given the disturbed state of the site, the soils, which consist of Cieneba rocky sandy loam, and habitat on site do not support suitable habitat for vernal pools or fairy shrimp. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within an Additional Survey Area for Burrowing Owl. SBS conducted a Step 1: Habitat Assessment on July 28, 2010. Suitable Burrowing Owl habitat was determined to be present. Due to the presence of suitable Burrowing Owl habitat, SBS conducted a Step 11— Part A: Focused Burrow Survey on August 5, 2010. According to SBS's Part 11 Survey, the site does not support any potential owl burrows. Since SBS did not observe suitable owl burrows during the burrow survey, focused breeding season surveys were not warranted. PC March 1, 2011 Item No. 1 Page 6 of 17 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 5 6. The Project is consistent with the UrbanANildlands Interface Guidelines. Conservation Areas are to be located near the project site. To preserve the integrity of the areas dedicated as MSHCP Conservation Areas, the guidelines contained in Section 6.1.4 related to controlling adverse effects for development adjacent to the MSHCP Conservations Area shall be implemented. In addition, and where applicable, the project shall: 1) Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area, 2) Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species or habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area, 3) Night lighting shall be directed away from the MSHCP Conservation Area, 4) Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines, and 5) Consider the invasive, non - native plant species in table 6 -2 of the MSHCP in landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. 7. The Project is consistent with the Vegetation Mapping requirements. See the response above. 8. The Project is consistent with the Fuels Management Guidelines. Fuels management focuses on hazard reduction for humans and their property. The proposed project includes a recently graded 300 foot long driveway with a hammer- head turn - around in compliance with the Riverside County Fire Department requirements for fire suppression equipment and personnel to access higher elevations and remote areas that were previously inaccessible. This should substantially reduce the hazard of a fire to all nearby residences in the Tuscany Hills Development. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. PC March 1, 2011 Item No. 1 Page 7 of 17 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 4 OF 5 SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1 5t day of March 2011, by the following vote: John Gonzales, Chairman City of Lake Elsinore le i9=61N Robert A. Brady, City Manager PC March 1, 2011 Item No. 1 Page 8 of 17 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Robert A. Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011- — as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of March 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Robert A. Brady City Manager PC March 1, 2011 Item No. 1 Page 9 of 17 RESOLUTION NO. 2011- 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 TENTATIVE PARCEL MAP NO. 36304 LOCATED AT 7 VIA DEL LAGO (APN: 363- 350 -021) WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Doug Pinnow, for the subdivision of 3.17 acres of land into three (3) single family residential lots( "the Project'), which is located 7 Via Del Lago at APN 363- 350 -021 (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Tentative Parcel Maps; and WHEREAS, on March 1, 2011 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. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Tentative Parcel Map No. 36304 pursuant to the appropriate Planning and Zoning Laws, the Tuscany Hills Specific Plan (R -SF District) and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. The Planning Commission hereby finds and determines that Tentative Parcel Map No. 36304 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: " CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15315 (Minor Land Divisions) categorical exemption. Specifically the Planning Commission finds that the Tentative Parcel Map allows for the subdivision of 3.17 acres of land into three (3) individual parcels for property located at 7 Via Del Lago at APN 363- 350 -021. 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 Tentative Parcel Map No. 36304: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Tuscany Hills Specific Plan designates the Subdivision site as Residential Single PC March 1, 2011 Item No. 1 Page 10 of 17 PLANNING COMMISSION RESOLUTION NO. 2011-_ PAGE 2 OF 3 Family (R -SF). Consistent with that designation, the Subdivision can accommodate a detached single- family residential project. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Tuscany Hills Specific Plan, and Subdivision Map Act. 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Tuscany Hills Specific Plan. Tentative Parcel Map No. 36304 is consistent with the R- SF designation and applicable development and design standards. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Tentative Parcel Map No. 36304. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 1 st day of March, 2011. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC March 1, 2011 Item No. 1 Page 11 of 17 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 3 OF 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Bob Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 - as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of March 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC March 1, 2011 Item No. 1 Page 12 of 17 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 36304 PLANNING DIVISION 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 Tentative Parcel Map No. 36304. 2. Tentative Parcel Map No. 36304 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), Title 16 unless modified by approved Conditions of Approval. 4. Prior to final recordation of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the Tuscany Hills Specific Plan and the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. Prior to issuance of building permit, the applicant shall submit a letter of verification (will - serve letter) from appropriate utility providers to the City Engineer, for all required utility services. 8. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 9. The applicant shall pay all applicable fees including park fees. 10. The applicant shall meet all requirements of the providing electric utility company. 11. The applicant shall meet all requirements of the providing gas utility company. 12. The applicant shall meet all requirements of the providing telephone utility company. 13. If applicable, the applicant shall incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation area. PC March 1, 2011 Item No. 1 Page 13 of 17 CONDITIONS OF APPROVAL PAGE 2 OF 3 TPM 36304 14. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species or habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. 15. Night lighting shall be directed away from the MSHCP Conservation Area. 16. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines. 17. Consider the invasive, non - native plant species in table 6 -2 of the MSHCP in landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. 18.All future structural development associated with this map requires separate Minor Design Review approval. 19. Prior to final map approval, the applicant and the property owner shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. 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 (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. =I0M10l=I MIN 10M11P/61 Is] 01 21. Record Reciprocal Access Easements between parcels numbers 1, 2 and 3 allowing use of the common drive and hammer -head. 22. Record "Fire Lane" easement over the hammer -head such that the area is kept free for use by the Fire Department. 23. Record a 10 -foot utility easement along the common property line of Parcel 1 and Parcel 2. 24. Drainage shall be controlled and conveyed to the public right -of -way such that all debris is kept on site and silt and material transported by erosion is not carried into the public right -of -way from the site. PC March 1, 2011 Item No. 1 Page 14 of 17 CONDITIONS OF APPROVAL PAGE 3 OF 3 TPM 36304 25. Proposed changes to the access requiring construction in the public right -of -way shall follow the encroachment permit process in place at the City. 26.Site work extending beyond the property boundary shall require permission from the affected property owner prior to commencement of work. COMMUNITY SERVICES DEPARTMENT 27. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 28.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. PC March 1, 2011 Item No. 1 Page 15 of 17 CITY OF LADE LSI I`iOKE DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Tentative Parcel Map No. 36304 to subdivide 3.17 acres of land into three (3) individual parcels for single family residential purposes pursuant to the Tuscany Hills Specific Plan and applicable Chapters of the Lake Elsinore Municipal Code (LEMC). I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. 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: Property Owner's Signature: Print Name: Address: Phone Number: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC March 1, 2011 Item No. 1 Page 16 of 17 a '2T l s mA 1st 4 ni .. R g ° _ z g s8 ,g i CD Q H Ra 3p bN H ' -, of � Y . ppfey � L L J � e� sab2e ro � a W � 'Po SZF b Q S,b�, SFa u W ✓�� .00' 's a 3`08 5 p 0 6 l I b 4 , p ia( y .� . -• p` � _ 0 S "bZ ,EL'6fib 1Z ✓ p,tZdoN � _ All H E3Y yg i SS PC March 1, 2011 Item No. 1 Page 17 of 17