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HomeMy WebLinkAboutItem No. 3CITY OF ins LPL LSINOR E ` DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: BOB BRADY, CITY MANAGER DATE: MAY 3, 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). Project 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 May 3, 2011 Item No. 3 Page 1 of 84 Tentative Parcel Map No. 36304 May 3, 2011 Page 2 of 5 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 Protect Description The proposed parcel map will subdivide the residentially zoned land into three (3) sep residence and detached garage and two lot aforementioned 3.17 -acres of single family irate parcels (one with an existing owner 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 1.17 acres (50,965 square feet). Background On March 1, 2011, the project was reviewed by the Planning Commission. The Planning Commission expressed concerns relating to the following items: 1) technical corrections to the map (i.e. property description, numbers on the scale bar, more definitive property lines); 2) the shared driveway of Parcels 2 and 3, and 3) lot compatibility with neighboring lots. The Commission encouraged the applicant to consider an alternative subdivision of the property into two (2) parcels instead of three (3). The Planning Commission elected to continue the project to May 3, 2011 to allow the applicant and staff sufficient time to address the identified concerns. PC May 3, 2011 Item No. 3 Page 2 of 84 Tentative Parcel Map No. 36304 May 3, 2011 Page 3 of 5 Analysis In an effort to address the Planning Commission's concerns, the applicant has provided a revised Tentative Parcel Map addressing the correction items to the map, as well as letters dated April 14, 2011 responding to the other Planning Commission items of concern. The April 14 correspondence includes historical correspondence between the applicant and the City's Community Development Department. The following is in response to the previously identified Planning Commission concerns. • Parcel Map Corrections The applicant has revised the Tentative Parcel Map (ref. Exhibit). In addition, the applicant has provided a letter identifying the changes (ref. Attachment 1). • Shared Driveway and Access In Attachment 1, the applicant states and provides and Exhibit to illustrate that shared driveways are relatively common in Tuscany Hills and that four (4) of the twenty one (21) homes in Tuscany Hills Estates have shared driveways. Further, the applicant's Engineer, at the March 1, 2011 Planning Commission meeting indicated that the applicant/property owner (Mr. Doug Pinnow) would be responsible for perpetual maintenance and upkeep of the common driveway. • Lot Compatibility The applicant maintains that the project is consistent with the Tuscany Hills Specific Plan R -SF Zone minimum 5000 square foot lot and average 5500 square foot lot requirements. Further, the applicant believes that the creation of larger lots (larger than what the Specific Plan requires), will be beneficial to property values in the immediate area (Attachment 3). The applicant has elected to stay with the proposal of a 3 Lot Parcel Map. The applicant has provided a letter (Attachment 2) explaining his position and reasoning for a 3 Lot Parcel Map in lieu of a 2 lot division. The proposed creation of three (3) individual parcels complies with the applicable development standards (i.e. lot size, lot frontage) of the Tuscany Hills Specific Plan (R -SF District). The proposed Parcel Map also satisfies the requirements of Chapter 16 "Subdivisions" of the Lake Elsinore Municipal Code and the California Subdivision Map Act (CSMA) by providing the required technical information and meeting or exceeding the minimum standards under the applicable General Plan and Specific Plan designations. Chapter 16.20 of the Lake Elsinore Municipal Code provides additional considerations in evaluating the proposed lot sizes. Specifically, 16.20.20 "Size Requirements" states as follows: A. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone within which said lots are located; provided, however, that in its consideration of any land division, the City Council may determine that a greater than minimum lot size is PC May 3, 2011 Item No. 3 Page 3 of 84 Tentative Parcel Map No. 36304 May 3, 2011 Page 4 of 5 necessary: 1. For the proper protection of the public health, safety and general welfare; 2. To be consistent with the general pattern established in the vicinity; or 3. To maintain the value of property in the vicinity. B. When lots or parcels twice ormore the required area or width are shown on a division of land the City Council may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property. C. Lot sizes and arrangement shall be compatible with lots in the surrounding area. To assist the Planning Commission in evaluating lot compatibility, a map depicting the lot size of the surrounding area is included as Attachment 5. 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. 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, K--c-11 Project Planner Reviewed By: Justin Carlson9G Redevelopment Analyst Approved By: Robert A. Brady City Manager 6V PC May 3, 2011 Item No. 3 Page 4 of 84 Tentative Parcel Map No. 36304 May 3, 2011 Page 5 of 5 Attachments: 1. Revisions to TPM 36304 letter dated April 14, 2011 2. Lot Split letter dated April 14, 2011 3. Explanation of lot compatibility "extracted from LEMU 4. Background letter regarding HOA de- annexation dated April 14, 2011 5. Assessor Parcel Map depicting lot size of the surrounding area 6. Three minute comment letter by Civil Engineer 7. Vicinity Map 8. Planning Commission Resolutions 9. Planning Commission Conditions of Approval 10. Draft Acknowledgement of Conditions of Approval 11. Planning Commission Staff Report and Minutes dated March 1, 2011 12. Tentative Parcel Map No. 36304 (reduction) 13. Full Size Plan PC May 3, 2011 Item No. 3 Page 5 of 84 7 Via del Lago Lake Elsinore, CA 92532 April 14, 2011 Mr. Kirt Coury, Project Planner Planning Division City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Coury: Subsequent to the initial Planning Commission hearing on March l I have made several changes to Tentative Parcel Map 36304, summarized in Attachment A, to reflect various comments made by the Commissioners at the hearing. This letter is to forward ten (10) copies of the revised full size map and one (1) copy of an 11" x 17" map. Please note that I have also attached another copy of this map that is marked using red -lines to highlight the specific changes that have been made. While the revised map continues to show a split of my lot into three parcels, I'd like to assure you that I have given serious consideration to the suggestion made at the hearing to limit the lot split into two parcels. Quite frankly, I was rather surprised that the 2- parcel suggestion was made, because I had been of the opinion from the time that this project was initiated that the 3- parcel split would be in the best interest of both me and the City. My logic here is quite simple. Since I moved into my present home in 2003, I have always desired to have a full (rather than partial) view of Canyon Lake from my house. I realized that both tentative Parcels 2 and 3 would offer that feature with level pad sizes considerably larger than the one my present home is sited on and, in fact, larger that the average lot size on my street (Via del Lago). Further, the spacing between any new homes built on Parcels 2 and 3 and the closest nearby home would likely be greater than is typical for other homes on my street. Based on the Illustrative Map I prepared at the City's request, the homes on tentative Parcels 2 and 3 would be spaced 150 feet and 190 feet, respectively, from the closest neighboring home. This compares with an average nearest spacing of 97 feet for all of the existing homes on Via del Lago. Hence the new parcels would offer a gracious set -backs from the neighbors, which I also deem as a desirable feature. Someday, I had hoped to be able to build a new home for me and my wife on either tentative Parcel 2 or 3. So, I'm not motivated like many builders whose main objective is to finish a house and then depart with a sales profit. Rather, I'm very concerned about the impact on property values in the vicinity and considered both of these parcels to be more desirable home sites than Parcel 1, where my present home is located. Further, I'm of the opinion that either of A 1 , C4 P 3 Page 6 of these new parcels would be at least as desirable as any other existing home site on my street. So, you can see why I was surprised that the suggestion was raised at the March I" meeting to limit the lot split to 2 parcels in view of Section 16.20.020 of the City's Code. After the meeting, I carefully reviewed this section of the code and concluded that the Commissioner's concern must have been related to the provision in Section 16.20.020 A of the Code ...that a greater than minimum lot size is [sometimes] necessary... To maintain the value of property in the vicinity. After living on Via del Lago for eight years, it seemed obvious to me that the 3 -way lot split would preserve property values in the vicinity. However, this viewpoint, apparently, is not obvious to some of the Commissioners. For those Commissioners who have not yet visited and personally seen Parcels 2 and 3, there is a series of photographs in Attachment B, providing a visual introduction to these tentative parcels. The photographs convey the general spaciousness and certainly do not give the impression that thee parcels are in any way similar to home sites in Tuscany Hills other than those in Tuscany Hills Estates. However, to directly address the impact of the lot split on property values in the vicinity, I have retained a Certified General Appraiser, Noble Tucker, who has MAI and SRA credentials and 27 years of experience in appraising properties in our area, including the entire Audi Murphy Ranch project. In numerous cases, he has served as an expert witness in real estate appraisal matters. He plans to have his work on the lot split completed by the time the continuation hearing is held on May 3` so that he can present his summary findings to the Commissioners. The only other issue that came up at the initial hearing which has not already been addressed is that of using a shared driveway for both Parcel 2 and Parcel 3. Shared driveways are common in Tuscany Hills and four (4) of the twenty -one (21) homes in Tuscany Hills Estates have shared driveways, as shown in the map in Attachment C. Further, there is no objection to shared driveways in the Tuscany Hills Specific Plan. Finally, I'd like to conclude by mentioning that Section 16.20.020 B of the City's Code generally encourages sub - dividing into smaller lot sizes where practical. This, presumably, is to maximize the tax revenues to the City and County. While the 3 -way split is clearly in my best interest, this code provision suggests it would be in the best interest of the City as well. I believe the appraiser I've retained will have more to say about this at the May 3` meeting. Sincerely yours, Douglas A. Pinnow (951)674 -2590 PC May 3, 2011 Item No. 3 Page 7 of 84 ATTACHMENT A Changes made to the Current Revision of Tentative Parcel Map 36304 • Added property description. • Added numbers to the dimension scale. • Added dotted line showing easement between Parcel 1 and Parcel 2. • Changed other existing easement lines to be dotted lines. • Reduced the 10 foot easement width in Easement Note 43 to be a 6 foot wide to be consistent with other easements. • Increased the width of the "Future Turnout" on driveway to be equal to 26 feet. • Changed the drawing date to March, 2011. PC May 3, 2011 Item No. 3 Page 8 of 84 ATTACHMENT B PHOTOGRAPHS OF THE PROJECT AREA rarcei -i on ttie Lett. PC May 3, 2011 Item No. 3 Page 9 of 84 View down common showing the dead -end of Via del Lago. View taken from Parcel 3 of driveway split PC May 3, 2011 Item No. 3 Page 10 of 84 PC May 3, 2011 Item No. 3 Page 11 of 84 Closer view of Parcel 2 with driveway split to the right of center. PC May 3, 2011 Item No. 3 Page 12 of 84 ATTACHMENT C Map of the 21 lots in the Tuscany Hills Estates � oB 38 NO . E rv" } p5ra1�P m p c/ O eo u n > U i+ u y C ' Ei a � e tj I556.YWS Hep 6tt,J6S iG J5 '�'� fl /VfflS /Of [OlM'iq C4L2 / � y a c e V dO hp ` I >O PI r C ° `d e M.B. 206/7.12 irocr No. 4/3 -4 n 354 03 This is not a survey of the la,'b Tat It comglad for ieformalion only, not is it a pert of the repot or polcy to which it may hs attechod. FILiELIfY NATIONAL TITLE INSURANCE COMPANY Z" a .....o.. 0 i m e Q .1950 8 O A map showing all 21 lots in the Tuscany Hills Estates. The lot contemplated for splitting is shown at the lower left and is highlighted in yellow. The four lots highlighted in blue have shared driveways, as is contemplated for Parcels 2 and 3 after the lot split. The use of shared driveways is common in Tuscany Hills. PC May 3, 2011 Item No. 3 Page 13 of 84 NO . E rv" } p5ra1�P m p 2 � O u Q U i+ u y C ' Ei a � e tj I556.YWS Hep 6tt,J6S iG J5 .1950 8 O A map showing all 21 lots in the Tuscany Hills Estates. The lot contemplated for splitting is shown at the lower left and is highlighted in yellow. The four lots highlighted in blue have shared driveways, as is contemplated for Parcels 2 and 3 after the lot split. The use of shared driveways is common in Tuscany Hills. PC May 3, 2011 Item No. 3 Page 13 of 84 E rv" } p5ra1�P m p 2 � O Q U i+ y C ' Ei a � e tj I556.YWS Hep 6tt,J6S iG J5 '�'� fl /VfflS /Of [OlM'iq C4L2 / � y a .1950 8 O A map showing all 21 lots in the Tuscany Hills Estates. The lot contemplated for splitting is shown at the lower left and is highlighted in yellow. The four lots highlighted in blue have shared driveways, as is contemplated for Parcels 2 and 3 after the lot split. The use of shared driveways is common in Tuscany Hills. PC May 3, 2011 Item No. 3 Page 13 of 84 7 Via del Lago Lake Elsinore, CA 92532 April 14, 2011 Mr. Kirt Coury, Project Planner Planning Division City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Coury: During the initial Planning Commission hearing on March I st, I stated that I had thoroughly reviewed the planned lot split with Community Development Director, Tom Weiner, and his staff in 2009 before initiating any grading to prepare for the lot split. This review included submission of a conceptual map that is similar to Tentative Parcel Map 36304. During the course of this review, many factors were considered, including lot size and density. I further stated at the recent hearing that copies of the written correspondences between me and the Community Development Department had been made available to you shortly before the hearing. However, after the hearing, you advised me that there had not been sufficient time to distribute this material to the Commissioners. Copies of these correspondences are included as Attachments A and B to this letter to facilitate their distribution. Before closing, I'd like to mention that the short forwarding note I sent you as part of Attachment B indicated that: This may be more background information than you'd be interested in reviewing. However, I've included these additional e -mails for the sake of completeness. In retrospect, the correspondences in Attachment B are particularly relevant to a number of issues that were raised at the initial Planning Commission hearing. So, they are of a much greater significance than I had originally thought. Sincerely yours, Douglas A. Pinnow (951)674 -2590 A - R - AC a" I m Ntr3 Pag 14 of 84 ATTACHMENT A The Tuscany Hills Specific Plan with Forwarding Letter from Tim Weiner (dated March 5,2009) PC May 3, 2011 Item No. 3 Page 15 of 84 -- March 5, 2009 Dr. Douglas Pinnow 7 Via Del Lago Lake Elsinore CA 92532 Re: Tuscany Hills /Estates Property (7 Via Del Lago) Dear Dr. Pinnow Thank you for recently sharing conceptual information related to your property listed above. We are ready to assist you with the permitting and entitlement process once you are ready to move forward with your project. As was discussed during our meeting, all Tuscany Hills Specific Plan guidelines must be followed in order to subdivide and /or develop your property. In addition, all Engineering, Fire, and Building Division requirements will also need to be adhered to. Development standards from the Tuscany Hills Specific Plan has been included for your reference. Thank you for giving the City of Lake Elsinore the opportunity to assist you. Please do not hesitate to contact me if you have any other questions. Sincerely, Community Development Department 4�_. Tom Weiner Acting Community Development Director Attachment PC May 3, 2011 Item No. 3 Page 16 of 84 I 11C luuuwmg oevetopment standards shall apply in the R -SF Zone: 1. Minimum lot area The minimum lot area in the R -SF Zone shall be 5,000 square feet. The average lot area for the Tuscany Hills Specific Plan area shall be 5,500 square feet. 2. Minimum street frontage The minimum street frontage in the R -SF Zone shall be 50 feet, measured 35 feet from the sidewalk. Lots fronting on cul- de -sacs and pie- shaped lots shall have a minimum street frontage of 30 feet. 3. Maximum lot covers e : The maximum lot coverage in the R -SF Zone shall be 60 percent. 4. Minimum dwelling unit size The minimum dwelling unit size within the R -SF Zone shall be 1,000 square feet exclusive of garage area, provided that at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15 %. 5. Maximum building height The maximum building height in the R -SF Zone shall be 35 feet, exclusive of chimneys and other appurtenances where the maximum height is 37 feet. 6. Minimum setbacks The following setbacks shall apply in the R -SF Zone (see Exhibit 19): a. Front yard: 10 feet for main dwelling unit b. Rear yard: 10 feet for main dweling unit; 5 feet for accessory structures C. Side yard: 5 feet of level ground; 10 feet for corner lots of which 5 feet shall be level ground; 5 feet for accessory structures d. Garage placement: Front yard setbacks for garages shall be 17 feet with minor variations for grading and aesthetic purposes permitted to a minimum of 10 feet subject to the approval of the Planning Commission. e. Intrusions into setbacks: Minor intrusions into setbacks will be allowed for fireplaces, chimneys, eaves, balconies, soundproofed pool equipment facilities and other appurtenances as may be approved by the Community Development Director or his designee. 7. Parking The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the required parking for development in the R -SF Zone. 41 PC May 3, 2011 Item No. 3 Page 17 of 84 luscAly RESIDENTIAL STRUCTURAL SETBACKS . ... I ...... ............ .. . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . Lu Lu Lu LOT B 10 . . . . . . . . . . . .......... ......... . . . . . . . . . . . ......... ............ ............ STREET MINIMUM SETBACK FROM STREET & REAR PROPERTY LINE TO MAIN DWELLING UNIT = DENOTES INTERIOR SIDE PROPERTY LINES NOT TO SCALE ssocieted EXHIBIT 19 PC May 3, 2011 Item No. 3 Page 18 of 84 ATTACHMENT B February 28, 2011 Attached are some additional correspondences that I had with Tom Weiner and Cordie Miller in April, 2009. They re -affirm Tom's letter to me of March 5, 2009 [Attachment A] that the applicable guidelines for the lot split are in the Tuscany Hills Specific Plan. This may be more background information than you'd be interested in reviewing. However, I've included these additional e -mails for the sake of completeness. PC May 3, 2011 Item No. 3 Page 19 of 84 Doug Pinnow From: "Doug Pinnovd' <Doug.Pinnow @ca.rr.com> To: "Tom Weiner' <7Weiner @Lake- Elsinore.org> Sent: Monday, April 06, 2009 11:11 AM Attach: Subdivision Guidelines.doc Subject: SUBDIVISION PLAN IN TUSCANY HILLS 92532 Mr. Tom Weiner, Acting Community Development Director City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Weiner: 7 Via del Lago Lake Elsinore, CA April 6, 2009 We first met last month to discuss the criteria for subdividing the 3,17 acre lot in Tuscany Hills where 1 reside. You may recall that my plan is to split this lot into three parcels, one with my existing home and two new undeveloped lots. During our meeting, you were kind enough to provide me with copies of the relevant section of the Tuscany Hills Specific Plan guidelines that must be followed. A copy of your forwarding letter, dated March 5d', is attached, above, for your convenience. Subsequent to our meeting, 1 reviewed the material you provided with my engineer and a surveyor who I'm planning to retain to accomplish the lot split. The advice I received was that it would be prudent to attempt to satisfy both the Tuscany Hills Specific Plan guidelines as well as the City of Lake Elsinore's Zoning Code for R -1 SINGLE FAMILY RESIDENTIAL DISTRICT (Chapter 17.23). While this seems to be a relatively straight forward task, there is one issue that I would like to review with you at this time and request your feedback before I go forward with the considerable expense of retaining the surveyor. There is no problem in simultaneously satisfying the minimum 50 -foot street frontage specified in the Tuscany Hills Specific Plan and the 60 -foot minimum frontage called out in the Code for R -1. There is more than adequate frontage to equal or exceed the 60 -foot frontage for all three lots. The same can be said for all other aspects of the two documents except for one issue covered in Section 17.23.060 Paragraphs C and D in the Code for R- 1. These two paragraphs relate to lot areas for low density housing, as exists in the Tuscany Hills Estates where 1 live. PC May 3, 2011 Item No. 3 Page 20 of 84 Page 2 of 2 _. any change in a lot size which would leave the lot at a size at least seventy -five percent ( %) the .size of the largest adjacent developed lot will he presumed appropriate, absent unusual circumstances. Any application to change a lot to a size lower that said seventy -five (75%) standard will he permitted only upon a showing 4fgood cause. Jt is the intent ofthis paragraph to set a standard but also to allow flexibility. The average size of each of the three lots that will be created after the contemplated split will exceed one acre. As such they will be approximately 90% of the size of the existing residential lot (at 10 Via del Lago) directly across the street from my home. But, they will be only about 55% of the size of my only adjacent neighbor's lot (5 Via del Lago). Thus, there could be an issue relative to the 75% standard, mentioned above, in the Code for R- I. On the other hand. I noted that there are already a number of exceptions to this standard on my street that were previously allowed. For example, the lot area of 10 Via del Lago is 1.17 acres while the adjacent lot at 8 Via del Lago is 2.22 acres, resulting in a 53% size ratio. As 1 thought about this issue, it became clear to me that for the type of hillside property that extends the entire length of my street, the total lot sizes are not nearly as significant as the size of the lots' flat pads in determining the perceived density. On this basis, the new lots that I'm contemplating would harmonize well with all nine existing homes on my street. The size of their flat pads (based on information provided to me by the developer, Curtis Development, Inc.) range from 11,761 to 21,780 square feet with a average size of 16,843 square feet. This can be compared with the pad sizes of the two new (undeveloped) lots that will be created by the split of 18,700 and 20,000 square feet. So, the new pads will actually be somewhat larger than the average size of the existing ones. Perhaps, I am over - thinking the situation by attempting to satisfy the Code for R -1 when you made it clear during our meeting and in your March 5 letter that Tuscany Hills has their own Specific. Plan guidelines. In any event, I would appreciate your help in providing clarity on whether the City will also consider the Code for R -I in evaluating my proposed lot split and, if so, would the two new undeveloped lots each with over one acre in size and flat pads of 18,700 and 20,000 square feet be acceptable to satisfy the intent of Section 17.23.060 of the Code. Thank you for your help in this matter. Very truly yours, Douglas A. Pinnow From: 'Tom Weiner" <tweiner @Lake- Elsinore.org> To: "Doug Pinnow' <Doug.Pinnow @ca.m.com> Sent: Monday, April 06, 2009 2:44 PM Subject: RE: SUBDIVISION PLAN IN TUSCANY HILLS Hi Doug, It appears that conditions exist adjacent to you that fall short of the 75% requirement. This is due to the To Hills SP not having this provision. The sizes you are proposing seem ok based on your explanation, however, we of course would need to see a conceptual lot configuration on a map to confirm. Tom Weiner Acting Director of Community Development Cih• of Lake Elsinore Community Development Department. 130 S. Main Street Lake Elsinore, CA 92530 951.674.3124 ext. 270 951.471 .1419 (fax) PC May 3, 2011 Item No. 3 Page 21 of 84 From: "Doug Plnnow" <Doug.Pinnow @ca.rr.com> To: "Tom Weiner "<tweiner @Lake- EIsinore.org> Sent: Monday, April 06, 2009 3:10 PM Subject: Re: SUBDIVISION PLAN IN TUSCANY HILLS Hi Tom, Thanks for your prompt response I'll pull together a conceptual lot configuration and send it to you shortly Regards, Doug Pinnow From: Doug Pinnow [mailto:Doug.Pinnow0ca.rr.com] Sent: Monday, April 06, 2009 5;23 PM To: Tom Weiner Subject; Fw: SUBDIVISION PLAN IN TUSCANY HILLS Hi Tom, Attached is the conceptual lot split configuration that you requested. The same drawing is presented in both JPEG and Word Document format so that you can select the one that's easiest for you to work with. The existing lot is 3.17 acres and the proposed tot split lines are shown in red. The new lots are numbered Lot #1 (existing residence), Lot #2 (undeveloped) and Lot #3 (undeveloped). The flat pad areas have a green border and the driveways are highlighted in yellow. By the way, the flat pad area for my existing residence is 12,632 square feet. You can see the the new pads will be considerably larger that this. If you require any further information, please let me know and 1 will pull it together. Regards, Douglas Pinnow PC May 3, 2011 Item No. 3 Page 22 of 84 \ \ 1 I 1 � I I I 1 I I \ t ` ; I I I I I I I I 1 I I i it 1 1 1 \ \ \ _ I / Y r I 1 PAD M59 i : 214 II [[I ) 1 PROPOSED LOT SPLIT FOR PINNOW PROPERTY 7 Via Del Lago Lake Elsinore TRACT MAP NO. 17413 -4, LOT 4 APN- .6T_3sns?1 yk. 1 I \ e6I91Nf.�[ i �"1 1 I I 1 1 1 I 1 I 1 I I 1 I _ A \ I I \ AE , N35<NJ� 11 1 \ 1 \ t — i __ icy � 1 _ PC May 3, 2011 Item No. 3 Page 23 of 84 From: Tom Weiner Sent: Tuesday, April 07, 2009 7:36 AM To: Cordie Miller Subject FW: SUBDIVISION PLAN IN TUSCMIY Hit I r Hi Cordie, Can you please follow upwith this. info is in the string of a mails. The property owner is doing his due diligence before spending money on a Civil to draw upsubdivision plans. The property is in Tuscany Hills SP. Thanks! Tom Weiner Ading Director of Cominuiih Dec rlolmtenl City of Lake Ekimml f.omnrurity Development Pepertmenl 1.304. Main Street Lake Elsinore, CA 9?510 951.6743124 exl. 270 9 5t.471.1419 ( €axl From: "Tom Weiner <tweiner @Lake- EWnom.org> To: " Cordie Miller' <cmillerQLake- Elsinore.org> Sent: Monday, April 13, 2009 12 :41 PM Attach: PROPOSED LOT SPLIT002.jpg; Proposed Lot Split.doc Subject: FW: SUBDIVISION PLAN IN TUSCANY I-gLLS Hello Cordie, Mr. Pinnow called me indicating that he has not received a response on this. Please follow up as soon as possible. Thanks. Tom 1•Wrincr Arling fhrmter of Cxln ntunil} DoN clopment Cih of Lake Elsinore ( onmlunilp DevclupmenL department 1.3115. Maui ,treel Lake EISLI10rr, CA 925.30 931..6 exl. ? ?ft 951.471.141 U (fax) PC May 3, 2011 Item No. 3 Page 24 of 84 From: "Doug Pinnow" <Doug.Pinnow @ca.rr.com> To: 'Tom Weiner" <twemer @Lake- Elsinore.org> Sent: Tuesday, April 14, 2009 1:18 PM Subject: Re: SUBDIVISION PLAN IN TUSCANY HILLS Hi Tom, Thanks for your follow -up with Cordie Miller. However, I remain confused. Are the Development Standards from the Tuscany Hills Specific Plan that you gave me on March 5th the applicable standards - or is there something else that is complicating the review of the conceptual lot split that I sent to you last week? I ask this question because it should only take about five minutes to review the conceptual lot split for total conformance with the Standards from the Tuscany Hills Specific Plan. All three of the proposed new lots have more than the minimum street frontage and much more than the minimum area specified in the Plan. If you need any further information to complete the review, please let me know at your early convenience. Best regards, Douglas Pinnow From: "Doug Pinnow" <Doug.Pinnow @ca.rr.00m> To: 'Tom Weiner" <TWeiner @Lake - Elsinore.org> Sent: Monday, April 20, 2009 8:17 AM Subject: Fw: SUBDIVISION PLAN IN TUSCANY HILLS Hi Tom, Please advise approximately when I can expect a response from the City on the acceptability of the proposed lot split Thanks, Doug Pinnow (951 )674 -2598 PC May 3, 2011 Item No. 3 Page 25 of 84 From: 'Tom Weiner' <tweiner@Lake- Elsinore.org> To: "Doug Pinnow" <Doug.Pinnow @ca.rr.com> Sent: Monday, April 20, 2009 1:39 PM Subject: RE: SUBDIVISION PLAN IN TUSCANY HILLS Hi Doug, Cordie Miller contacted you via e-mail last week — have you contacted her yet? If not, you will receive a phone call before end of business today. Toni Weiner Acting Director of Commmnih• Development Cih of Lake Elsinore Community Development Department PC May 3, 2011 Item No. 3 Page 26 of 84 From: "Cordie Miller' ¢miller@Lake- Elsmore.org> To: <Coug.Pinnow@ca.rr.com> Cc: 'Tom Weiner" <tweiner @Lake- Elsinow org> Sent: Monday, April 20, 20094:22 PM Attach: Mr. Pinnow PROPOSED LOT SPLIT002.jpg Subject: Tuscany Hills/Estates Property (7 Via Del Lago) April 20, 2009 Dr. Douglas Pinnow 7 Na Del Lago Lake Elsinore CA 92532 Re: Tuscany Hills /Estates Property (7 Via Del Lago) Dear Dr. Pinnow Thank you for the conceptual plan you provided in your email which related to your property listed above. I have reviewed the conceptual plan and it is sufficient to continue with the Tentative Parcel Map. We are ready to assist you with the permitting and entitlement process once you are ready to move forward with your project. As was discussed during your meeting with Tom Nklner, all Tuscany Hills Specific Plan guidelines must be followed in order to subdivide and/or develop your property, In addition, all Engineering, Fire, and Building Division requirements will also need to be adhered to. The Development standard for Tuscany Hills Specific Plan was previously given to you for your reference. Thank you for giving the City of Lake Elsinore the opportunity to assist you. Please do not hesitate to contact me if you have any other questions. Sincerely, Community Development Department Curdle Miller Planning Technician CC: Tom Nkinet Acting Community Development Director Attachment END PC May 3, 2011 Item No. 3 Page 27 of 84 EXTRACTED FROM LAKE ELSINORE CITY CODE 16.20.020 Size requirements. A. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone within which said lots are located; provided, however, that in its consideration of any land division, the City Council may determine that a greater than minimum lot size is necessary: 1. For the proper protection of the public health, safety and general welfare; 2. To be consistent with the general pattern established in the vicinity; or 3_ To maintain the value of property in the vicinity. B. When tots or parcels twice or more the required area or width are shown on a division of land the City Council may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property. C. Lot sizes and arrangement shall be compatible with lots in the surrounding area. [Ord. 523 § 3.3(B), 15731. City Planning (Kirt Coury) has recommend that the Planning Commissioners adopt a resolution recommending to the City Council approval of a Tentative Parcel Map showing the sub - division of Doug & Joan Pinnow's lot in Tuscany Hills Estates into three Parcels. Planning has determined that the sub - division is in full accordance with the all aspects of the Tuscany Hills Specific Plan (the governing document). Planning COMMisioner Rick Morsch has taken exception to this recommendation. He insists that it does not take into consideration Section 16.20.020 of the City Code that is reproduced above. Commissioner Morsch's theory is that that the use of the words "consistent" and "compatible" in clauses A.2. and C., above, mean something very specific. Namely, that any new Parcels in the Tuscany Hills Estates must be ATrAo4t M y 3, 2011 Item No. 3 Page 28 of 84 larger that 8 times the minimum lot size permitted by the Tuscany Hills Specific Plan (5,000 square feet) and certainly larger than the 1 acre lots (43,560 square feet) that Doug & Joan Pinnow have developed - at a considerable personal expense. — with the prior OK from City Planning. An argument over the interpretation of "consistent" and "compatible" could lead to an ugly lawsuit. Fortunately, there's a better way to accomplish the objective of not having the Pinnow sub - division set precedent for uncontrolled and undesirable expansion in the Tuscany Hills Estates. Dr. Pinnow's recommendation is to rely on the clause in B. in the above Code: the City council may determine that a greater than minimum lot size is necessary to maintain the value ofproperty in the vicinity. Using property valuation would avoid the need to interpret vague words. Further, if it can be shown that a sub - division would increase property values, everyone would benefit. The neighbors would be better off, the applicant for the subdivision would be satisfied, and, importantly, the City and County would have enhanced revenues due to an increase in the number of properties in their tax base. Using the criteria of allowing sub - division only when the property values increase in the vicinity would naturally limit the growth of the Tuscany Hills Estates to an optimum size. (Likely, similar to its present size.) PC May 3, 2011 Item No. 3 Page 29 of 84 7 Via del Lago Lake Elsinore, CA 92532 April 14, 2011 Mr. Kirt Coury, Project Planner Planning Division City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Coury: During the initial hearing on March 1 st, Commissioner Mendoza insisted several times that it was inappropriate for the Planning Commission to consider the lot split in Tentative Parcel Map 36304 because I did not have the approval of a home owners' association that he alleged was required to be formed by the Tuscany Hills Estates' residents after they had de- annexed from the Tuscany Hills Landscape & Recreation Corporation (THL &RC) in 2005. You'll recall that my reply was that Commissioner Mendoza was not correct. To support my position, Attachment A is a complete set of the de- annexation documents. You'll see that there is no requirement to form a new home owners' association If there are any further questions about this matter, they may be addressed to attorney Tom Jacobson, who plans to accompany me at the May 3` continuation hearing. Mr. Jacobson advised the Tuscany Hills Estates homeowners during the 2005 de- annexation proceedings. There is one other matter that I'd like to clear up for the record. During the March 1" hearing, Commissioner Mendoza also insisted several times that I did not have approval from the THL &RC to build a gazebo that has a view of my neighbor's back yard. Again, I told him that was not correct. A copy of the THL &RC approval letter for the gazebo is included as Attachment B . You'll note that this letter was dated June 8, 2004, before the de- annexation of the Tuscany Hills Estates was finalized. I hope that we can put these matters behind us at the continuation hearing. Sincerely yours, Douglas A. Pinnow (951)674 -2590 A k TY3, M PC M 2011 Ite No. 3 Page 30 of 84 ATTACHMENT A Final Documents for De- Annexation of Tuscany Hills Estates from the THL &RC PC May 3, 2011 Item No. 3 Page 31 of 84 TUSCANY dirt HILLS TUSCANY HILLS LANDSCAPE & RECREATION CORPORATION 75 Summerhill Drive, lake Elsinore, CA 92532 - (909) 245 -9102 • Fax (909) 245 -1843 Memorandum To: Estate Homeowners From: The Tuscany Hills Board of Directors Date: December 1, 2005 RE: De- Annexation of the Estates from the Tuscany Hills LARC Enclosed, please find a letter confirming that the proposed amendments to de -annex the Estates homeowners from the Tuscany Hills LARC have passed and the appropriate documents have been recorded with the County of Riverside. As such, the 22 Estates homeowners are no longer members of the Tuscany Hills LARC_ Please refer to the enclosed letter from Neuland, Nordberg, Andrews and Whitney and documentation for details. In addition, please be aware that the utilities for the areas previously within the Estates designated as common areas are no longer a part of the Tuscany Hills LARC. Electricity and water to these areas has been scheduled for shut -off effective December 7, 2005. The Board of Directors would like to thank all of the homeowners within the Estates for their cooperation in the matter of de- annexation and wish the members of the Estates good luck in their future endeavors. A Renaissance in California Living PC May 3, 2011 Item No. 3 Page 32 of 84 NEULAND, NORDBERG, ANDREWS & WHITNEY A PROFMIDNIAL Law CORPO32AT10N 22502 AVLNIDA FNIPBS"•M RANCHO SAN k IvLiRGARITA, CA 92606 TELrFt40NL^ (949) 766 -4700 Fs1CS1M11 (949) 766 -4712 Dank) A. Nnrabag. FNy. December 1, 2005 &"onlbccg@r, mIwiaw.cnm To: All Estates Homeowners Reference: Tuscany Hills Landscape and Recreation Corporation Subject: Dermnexation of The Estates Dear Estates Homeowners: As counsel for the Tuscany Hills Landscape and Recreation Corporation (the "Master Association "), 1 am writing to inform you that the Master Association recently obtained the approval of sixty -seven percent (67 %) of its voting power in favor of the "Proposed Amendment to the Association's CC &Rs." Specifically, the voting power approved all six (6) of the proposed Amendments to the CC &Rs, which sought to exclude Owners of Lots in "The Estates" from the juri sdiction and control of the Master Association. Please be advised that as o:PNovember 30, 2005, you are no longer Members or Owners of the Master Association, as those terns are defined in the Master Association's governing documents. Attached hereto for your reference is a copy of the Third Amendment to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Tuscany I•$lls, which the Master Association recorded on November 29, 2005, in the Official Records of Riverside County, California as Document No, 2005 - 0981873 (the "Third Amendmenf'). At this time, the Board of Directors would like to communicate to you some of the Changes that result from the deannexation. First anti foremost, you are no longer Owners or Members of the Master Association. That is, you no longer have the rights and privileges enjoyed by the remaining Owners/Members of the Master Association, as those terms are used in the Civil Code, Corporations Code, and the governing documents. This means you no longer have the following rights provided to members in the Common Interest Development Open Meeting Act (codified at Civil Code §1363.05): the right to attend meetings of the Board of Directors, the right to request Board minutes, and the right to speak at any meeting of the Board of Directors. In addition to the above, you do not have the right to inspect Master Association membership lists (Corporations Code §8330), accounting books and records (Corporations Code PC May 3, 2011 Item No. 3 Page 33 of 84 The Estates Homeowners December 1, 2005 §5333 and Civil Code §1365.2), and any other records or disclosures available to members, as provided by the Corporations Code and Civil Code. With respect to the rights given to Owners/Members in the governing documents, please be advised that neither you nor your guests or tenants have rights of ingress and egress and enjoyment in. to and over the Association Property, as provided in Article III of the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Tuscany Hills. In other words, you are expressly prohibited from using or accessing all the real and personal property and Improvements which are owned in fee simple by the Master Association, or over which the Master Association has an casement, obligation or permit for the common benefit, use and enjoyment of the remaining Master Association Owners/Members. Said another way, you no longer have the membership privileges permitting use or access to the Master Association's parks and Tot Lot playground areas, clubhouse facility (including the Exercise Fitness Center located within), picnic areas, barbecues, children's wader, spa, Jr. Olympic size swimming pool, and Sports Court Facility (i.e. sand volleyball, basketball court and three lit tennis courts). Since only Members are entitled to cast votes, pursuant to Article IV of the CC &Rs and Article II of the Bylaws, you are no longer able to participate in any of the Master Association's Annual and Special Elections. Moreover, you are not entitled to vote on any Ballot Measures facing the membership of the Master Association. Please be advised that we represent the Master Association only and not you individually. If you have any questions or concerns, you should seek your own independent legal counsel. Very truly yours, cc: Board of Directors G ?1 "map} Hills Land—,& M,InrninrKE Co 105 CC%A,n•dJmncl trnpnMeKInT r.ems 05 IN I inn. donnanfn PC May 3, 2011 Item No. 3 Page 34 of 84 Neuland, Nordberg, Andrews & Whitney APLC f Ite�sscad>3y And . �henRecorded,Ma3lTa: ... . • tDOC is 2005- 09S18T3 l3fY9/2005 AM&EM & APLC Conformed Copy Nrisiaod 1�or�eS Has not bean aampared with original 22 0 Aveold3Smpre62 yy I W' Rapd o 5anm? G4 92666 ce 3 �y RSva� J; llmecuar, Bounty Clark Retb rder THMDAWMNDI BNFTO 1iB 0? NJ]PI7 &[VD RESTATPD M&sM DECf OI' CC3TmhTANTS,CO1y moN$ AND Xs=CTIONSAND RESE fV.AMWO EASEMFNTS 140RTt(SCA7�11 Iffi S 5 Thl Amended and 7- Minster Dec'f=d= of C Ccmdmnns and Rrstartions ad ' Rene innofEssm wta far 11uRauyF311s is 1>err�9 �'as funow. ZW13umS 'slr.Aw n']cdaa6Resro IA= DecL•si'='3' *° , rnnrlrtim and R mrir,lane a>adIieservdv®. of Pasemena. ("h7astrr Decla�aa`) far TQSCf3I�y -S, R e m�� ice or u aIIplswrdedw % a Cow 8017 , iEL the O i Co3ffip Siffie of C nGfn +ate on Ma3r13 3990, T m mc� Na 80176. in the Official Retards ofFigc & Cauacy, Califom a VUEPXAS, The Mesta Dcd=6M was amended by m ph { of a Fux Am admutz t to - lbq ' AnrndedandResrztsM .5Da'Dedz=i=,nfCot=,,s, SaidFust 2aA Reser afFasemeoa inr TnsmagEfills ( Ama rs v3m�• rams eg mrrzd hg TUSCANY m OG9ber 37, 2003, smd recorded ouNovember 7, 2803, Rs Tnamrmera No. 2003583341, ar The Offidnl R=rds of Rivci & Colmtg, CnGfornia. (4) ' vsaa& s' tbcIca=Dcrlaeuonwasamendedby nfasuoadA-- dm=-m The Am enderi andRraGV3MastrtDtrla=M Df Cavmants, ccia DnS and ?�•� atle Reser=&Ms of Pis° = fBr Tvs=y Ts'Qs (` Semnd e . , r"� 8aui Second • Ammdm® rwaeaecuted. bpTi76r �A' NX TTS as�6uzh3 ,7005,andzuardedna It, 205, as lssm?i= .No. 7005-0207958, is sL! Of{uial Re=& of p &ers4& C= ty, . Ceiifnmat. . (D) TEfi7AS; die I4ucaup I91ls I�ds=Fe and Rccrca�aa Carpoiation. (`Mastrr As�oti m) esrohhshed m ov=ee The properties ag wbich such Dedv :tGiDn 72, rcc=L.'d,J=ky a this' S' hir dAm endmer ?torheNlab=De; PC May 3, 2011 Item No. 3 Page 35 of 84 Axtide7, Sact on 1.1 AddedTeaimtr of the D96=60ais lnr6y did in iu entirmyl m&=pk=dbg� following hngaag .Added Temmmy sh9 mean ve reel pmperry desmbed in E'00�t V bemta, all or eny pos�ian ofwlvch mayfrom t me rD nme bcfiud subdivided b9T7erdsrmt Ora Mmbatit B -62ct pnzm= to t1a pmoisinns of I.=& II lcreof, =rept the zeal p,per'wij m Parcel L+ of Eshtbis WI vAf& is ]cgally d=Mlcd as TrAa No. 174134E lama TIC31stams'. • Y:It• Yr 1 1 1 f •1 1' YI 'Y. •i. .IY -1 ..- • ' J .� i J.lil • V. •.11•t 1 Y /�• ` [11. - [ • • ' 1' •• 1� .• • in .•• t•Liq • All. .11w • • :. .1 1 • 11 1 . . - •°I - 1•un. All la •u• .M ��.. 1.. 11 •' •f •I r• r• _ •1 l r .. r. llr. • _ •• � . �- won 1. a .1 lAm1. 41.• 1•. i Y_ rn n•l .ri •n +. ..•Ilr J••1 .u• .n Aa u' 1. na �. + 1 w GI :iwr +i • •1 r/ .•il•t .n.•• • rr ! •la.n ,•u• • "• i1.1+. a -nl •.0 •. .• r � 1 ..•l 1r' . IL -.. vll �. \1• •1' w r. [l• 11 :: • r 1 •l . • ^I "•• . •1' • • Ai. �•[ 't� \\ . \.. \1 �i - •111• PC May 3, 2011 Item No. 3 Page 36 of 84 is hereby a is im eptA=L7 er of the Dealaraz ' �� fuficle I, Section 1,28. �� replaced lathe followin; language: . m r$e 1JL�stg Assoaation, Member shall meanP Perot holding .d ses of tl,e pursuasttn Seto. 42 heizcf. ASembershiP Assoaanun� as descried in Owners and of Ded =m the R uns, esp, a penons awzag Arnr� IV h"eof and "The, e'• .. Lots wfftdn 4.17433 4•, lmuvm 28 of theDeclar2f=isl F laireueirerPa»>i � pCedbptLefollawr 3 �eeP owner aballmm t h e Personorl'aaons Of ze rcor+d cmdtBuilders, ot, leasehold ]nr� af• to a L jmlcling a fee simple or long- wou"a . forum p =hnnMce of 7a 010 � a { ti , o � n esc l u dingthessprreoawlx�d m g� leaseel seSofthis I&S y other rhea Sellers ender rsecawrY tp om a leasehold. in=em Declardeoa a `}°nom r� °d As used 1>aT s "�� s�9 also refs'm w as Stibassoc- Piopczv- �wnrr shall not . includerl�oseawneceofI- r�W' �'' nTiaccNa174 .13•¢,knoovnas"PheEs�s��- . added the (6) A3tir1e Il Section 25A. n ^ -^• of T4 P �taxcr» is b?�hP to Dr clan�oa � proposed Upon T6Qnberalup approval of $v Ballot to Approve or = = 5 � be w�hod7ed. p meRtw the Assoc Sean's lie T Board of Ds iu � � �� � and retards �d anp all- �'� a '' . be �rl all. dncum � �rinsiOn of The EstA'cs''ficm the IIE � e ffectnare the legd � FS°p . ASSOaatiDn. PC May 3, 2011 Item No. 3 Page 37 of 84 I ... CI13zTIFICIATE �F AM�N,UMT+.� . . I, rbe tmdawigned, dm IiaeTay �� . 1 That I em dnlp eleOtd amtl aenog Pteriaeni /serre�p of TUSC"Y EU= IaMSWE AND R$C PA'rn'+N C�imma 21q�[oTrt Idnttial. Bm"= Coxporavnm; . . • 3; ....' 1' �t; tl>`{ oregningTlvxdAma �a�tmrLeMaatecDrr ]eratioawasdul}*•adopted - .. b rr vrlie appanpoam va E of the vovmg Power of the ma tEr A Amodglia A Pero :!Na Code amd tCC $ovemmgdonmUsfla. ' . Iid ASS VVE RI+Ou I Lau �sai6e my aHme'avd of Cbe Seal of mid c�paratiomt3ris �^�lapof „,„.j� 7D65. TC75C&I WIZ BB=yA' oisT. S50CTATION Bp. ./' ;•mom ---° ert aa,Psezldcat .. GIBS UlC.Y7itto,.Secretacy . PC May 3, 2011 Item No. 3 Page 38 of 84 ATTACHMENT B Approval Letter for the Pinnow Gazebo PC May 3, 2011 Item No. 3 Page 39 of 84 TUSCANY HILLS TUSCANY HILLS June 8, 2004 RECREATION CORPORATION 75 Summerhill Drive, Lake Elsinore, CA 92532 • (909) 245 -9102 - Fax (909) 245 -1843 Douglas Pinnow 7 Via Del Lago Lake Elsinore, CA 92532 Re: Spa/Gazebo— Approval Dear Mr. Pinnow: We are pleased to inform you that your request � subm � ily oit�y 28, 2004 to install a spa and Gazebo on your property was approved by the Arc it ecturaI Committee, subject to the following terms and/or conditions: 1) All improvements shall{b'e'Em d accor g the approved plans submitted to the Architectural Commi ee and shal be gove l ed all Architectural Rules and Guidelines pertaining to the project� submitted ecial attention to the following: 2) Please Note: only items c arl marked "approved" on the actual plans are deemed approved under conditions noted. 3) Architectural Rules and Guidelines, pg. 9, Section XI, DRAINAGE; pgs. 14 -15, Section XXII, LANDSCAPE AND IRRIGATION; pgs. 13 -14, Section XX, GAZEBOS; pgs. 21 -22, Section XXXV11, SWIMMING POOLS AND SPAS. 4) There shall be no interference with the established drainage patterns over any Lot, Common Area or Community Facilities unless an adequate alternative provision is provided and is first approved in writing by the Architectural Control Committee. The Owner is responsible for maintaining proper, positive drainage at all times. The Architectural Control Committee will not be responsible for drainage plans. All drainage shall comply with all ordinances application to the property (i.e. building codes, grading codes, etc.). 5) Drainage should be installed to prevent any drainage over walkways. 6) Landscape irrigation must be subterranean except on slopes. ARenaissance in California Living PC May 3, 2011 Item No. 3 Page 40 of 84 7 Via Del Lago - Spa/Gazebo — Approval June 8, 2004 Page two 7) Sprinklers should be adjusted so as not to spray adjacent properties or public sidewalks. g) Any plant or tree with invasive roots shall have root barriers. 9) All walkways shall generally consist of concrete or maso . materials. 10) All setback requirements must be met. 11) The approved color for the gaze "s'�-Ti t t The approval for the project ind "ii ate4above is ?%� olely to the items reserved for approval by the CC &R's in accordant with the Architectur uidelines. The approval does not extend to the quality of work done by c o contractor, or to any structural engi any architeneering, soils engineering, or site grading and drainage design. You are urged to obtain the services of a state - licensed professional for consultatio as needed. Please be advised that this approval does not relieve you from obtaining the necessary building permits from the governmental agencies involved, including City of Lake Elsinore. You have one (1) year for completion of this project. If you fail to complete the project within this time frame, this approval expires and you must submit new plans. Enclosed please find enclosed a Notice of Completion form, which needs to be returned noting the type of work you have done. Ytease inctuae vaim ........ � --- Completion This notice advises the Committee that your work is done and is then subject to final inspection by the Committee to confirm that the approved plans were followed. As a reminder and for future reference for any owner of the property: You are required, per the CC &R's (the governing documents of the community you agreed to abide to when you bought your home) to submit an application and wait for a written response. You are not to do any work without written approval. While we appreciate you wanting to improve your home, we also ask for your cooperation in following the rules, and we sincerely appreciate that you have done just that. Y:\DOC\Tuscany HillsWanager Files\ArchitecturOACC Approval- Denial Ltrs - 2004\7 Via Del Lago-Spa;Gazebo- approval.doc PC May 3, 2011 Item No. 3 Page 41 of 84 7 Via Del Lago — Spa/Gazebo - Approval June 8, 2004 Page three The Architectural Control Committee generally meets on the 1 s and 3 rd Wednesday of each month, and all applications must be in the office by 2:00 p.m. the Friday prior to the meeting, in order to be on the agenda for review. Per the CC &R's, the Architectural Committee has up to thirty (30) days in which to do their review, and work is not to continence until written approval is received. Members may wish to submit separate applications for various projects so that if there are any questions, one project may be able to proceed while another is denied and sent back for re- submittal after clarifying information is provided. d Please be aware that applications are placed on date order in which they were received. S C Bi Administrative Assistant enclosures by the committee in the the Association's application Y:\DOC\Tuscany HilISWv alter FilesVAchitecturaMCC Approval- Denial L trs- 2004 \7 Via Del Lago- Spa;Cwbo- approval.doc PC May 3, 2011 Item No. 3 Page 42 of 84 Thank you for your patience in this P M r 4 i 0 W OW 4 Q 4 w k � W NN AN V �D ti Ki N � CL 41 0 0 0 0 Q v h m o m b � m " v ,� M� N, e ri 6 k t Ile a 6'101 ` ho F J W Aw �Or f d Y • � O Y t C cr W Ow P ti= J c6s. Z m' ti a � E� v N 4t �n� O WQ v 1 4Q o m A cg' 4� I - 2011 15N 0. 3 Page 43 of 84 e YO cc;p r " •` J j\ t V C cL4.Y x6 6 ® d x' N, e ri 6 k t Ile a 6'101 ` ho F J W Aw �Or f d Y • � O Y t C cr W Ow P ti= J c6s. Z m' ti a � E� v N 4t �n� O WQ v 1 4Q o m A cg' 4� I - 2011 15N 0. 3 Page 43 of 84 Three Minute Comment by Christopher Pinnow, Civil Engineer, Addressed to the Lake Elsinore Planning Commission During the initial Planning Commission hearing (March 1 on the proposed lot split, a concern was expressed by two of the Commissioners that approval of Tentative Parcel Map 36304 before you could set a precedent that might encourage other residents to also request approval to split their lots. One commissioner said that this might lead to 40 new homes sprouting up in the Tuscany Hills Estates while another suggested even more — that the existing 22 lots might each be split into 10 smaller parcels resulting in over 200 more houses in the Tuscany Hills Estates and thereby drastically changing the character of this community. The objective of my statement is to allay these concerns about the possibility of uncontrolled growth in the Tuscany Hills Estates triggered by your approval of the applicant's request to split his lot. As a Civil Engineer licensed in the State of California, I have reviewed the map and satellite images of the Tuscany Hills Estates as well as the setbacks and street frontage requirements of the Tuscany Hills Specific Plan that establish geometric restrictions. My conclusion is that no one should be concerned that such uncontrolled growth would happen. I'm confident that the original developer, Curtis Development Corporation, which built all 21 of the homes existing in the Tuscany Hills Estates in 2003 -2004, did so to maximize their profits. If this corporation could have squeezed in even a few extra homes while increasing the overall value of the community, its officers would have been motivated to do just that. After all, they were constrained by the same Tuscany Hills Specific Plan that prevails today which allows for building lots with a minimum size of only 5,000 square feet. The reality is that the lots that Curtis Development purchased were already graded to their present sizes. To alter the sizes of these primarily hillside properties, I presume, would have cost more in time and money than the Development Corporation felt would be worth the effort. The same situation prevails today, with one singular exception After Curtis Development finished and sold all 21 homes in the Tuscany Hills Estates, the City of Lake Elsinore decided to extend the street, Via del Lago, in front of the applicant's property. The applicant and his neighbors, Mr. and Mrs. Porter, who live across the street, agreed to allow the City to encroach on their properties in order to undertake a major grading project to extend Via del Lago. TFAt�4* P, 2011 Item No. 3 Page 44 of 84 Approximately 10,000 cubit yards of dirt and rock were removed using heavy machinery and some blasting. The end result, after this costly effort, was that applicant and his neighbors across the street acquired an additional 100 feet of street frontage that allowed new access to the higher elevations in the southern portions of their lots. Had this street extension been planned or occurred before Curtis Development had sold the lot to the applicant, it is likely that Curtis would have initiated the lot split that is being considered today. The point is that the circumstances that have made this lot split viable only exist at the very end of Via del Lago as a direct result of its extension by the City to provide access to a 38 acre landlocked parcel that has the development potential for many more new homes. There have been no other changes in the street plan within the Tuscany Hills Estates and none are contemplated. So, I think that the concern that approval of this lot split would trigger an avalanche of additional lot splits has no basis in fact. And I would encourage you to judge the acceptability of this split on own merits, which are considerable. It will create two new lots with spectacular views that would likely appeal to executives who might otherwise choose to live in somewhere else like La Cresta in Murrieta. It would add to the quality and value of the properties in the vicinity. And it would increase the tax basis for the City and County. Thank you, Christopher Pinnow 1199 Tamarack Carlsbad, CA 92008 PC May 3, 2011 Item No. 3 Page 45 of 84 VICINITY MAP TENTATIVE PARCEL MAP NO 36304 7 VIA DEL LAGO APN# 363- 350 -021 PC May 3, 2011 Item No. 3 Page 46 of 84 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 May 3, 2011 Item No. 3 Page 47 of 84 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 Sear/ 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 If — 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 May 3, 2011 Item No. 3 Page 48 of 84 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 3 OF 5 6. The Project is consistent with the UrbanNVildlands 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 May 3, 2011 Item No. 3 Page 49 of 84 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 3rd day of May 2011, by the following vote: John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC May 3, 2011 Item No. 3 Page 50 of 84 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 3 rd day of May 2011, and that the same was adopted by the following vote: AYES: ►10]X0 ABSENT: ABSTAIN: Robert A. Brady City Manager PC May 3, 2011 Item No. 3 Page 51 of 84 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 and May 3, 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 and applicable specific plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the Tuscany Hills Specific Plan (Government Code Section 66473.5). PC May 3, 2011 Item No. 3 Page 52 of 84 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 3 Tuscany Hills Specific Plan designates the Subdivision site as Residential Single Family (R -SF). Consistent with that designation, the Subdivision can accommodate the proposed density of three detached single- family residences. . 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. and will not conflict with established public easements. 2. The lot sizes and arrangement are compatible with lots in the surrounding area (LEMC Section 16.20.020). The Subdivision maintains the character of the large lots in the surrounding area known as Tuscany Hills Estates by placing the smaller lots at the furthest most end of Tuscany Hills Estates and maintaining the largest lots to the north and east of the proposed subdivision. 3. 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. 4. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any serious public health problems or 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. PC May 3, 2011 Item No. 3 Page 53 of 84 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 3` day of May, 2011. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager 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 3` day of May 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC May 3, 2011 Item No. 3 Page 54 of 84 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 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. Each lot shall have separate and exclusive utility services, including, but not limited to, sewer, water, electrical, gas, and communications so that they are piggybacking on sewer or any other utilities. 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. PC May 3, 2011 Item No. 3 Page 55 of 84 CONDITIONS OF APPROVAL PAGE 2 OF 3 TPM 36304 13. If applicable, the applicant shall incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation area. 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. ENGINEERING DIVISION 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 PC May 3, 2011 Item No. 3 Page 56 of 84 CONDITIONS OF APPROVAL PAGE 3OF3 TPM 36304 is kept on site and silt and material transported by erosion is not carried into the public right -of -way from the site. 25.The applicant shall file a grading /drainage plan to eliminate all cross lot drainage to the satisfaction of the City Engineer. 26. Proposed changes to the access requiring construction in the public right -of -way shall follow the encroachment permit process in place at the City. 27. Site work extending beyond the property boundary shall require permission from the affected property owner prior to commencement of work. COMMUNITY SERVICES DEPARTMENT 28. 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 29.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 May 3, 2011 Item No. 3 Page 57 of 84 CITY OF LADE C LSIBOR E � DREAM EXTREMEn 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 May 3, 2011 Item No. 3 Page 58 of 84 CITY OF LADE TO: FROM: DATE: REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION Vi _._ 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). Project 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. LSIIYORE DREAM EXTREME. PC May 3, 2011 Item No. 3 Page 59 of 84 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. �" '�;`��E�CtS1T�1�G� �rLA "N ®�� GENERAL P,L'AN ;ZQNING Al �11 C s..l 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 May 3, 2011 Item No. 3 Page 60 of 84 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, Project Planner Reviewed By: Matthew C. Harris, Senior Planner Approved By: Robert A. Brady, City Manager 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 May 3, 2011 Item No. 3 Page 61 of 84 Page 1 of 22 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MARCH 1, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Commission held on Tuesday, March 1, 2011, to of Cultural Center, located at 183 N. Main Street, Lake Els. PRESENT: Chairman Gonzales, Vice Jordan, Commissioner Moi ABSENT: None Also present: City Manager Brady, City Staff members present inch Coury, Public Works Director The rman Absent: None Mendoza Jordan Morsch O'Neal Jordan. e Elsinore Planning %t,, 6:00 p.m. in the , CA 92530. Commissioner Planning Consultant Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. PC May 3, 2011 Item No. 3 Page 62 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 2 of 22 CONSENT CALENDAR ITEM(S) None. PUBLIC HEARING ITEM(S) (1) Recommendation: a. Adopt a resolution adopting findir with the Multiple Species Habitat b. Adopt a resolution recomme ing to Tentative Parcel Map No 3 ' as and proposed Conditions of Apprt is consistent and, City Council } =ar al of in the Findlna:Ehibits. City Manager Brady provided ate= r ervlew of thep�ro)ect and requested that Planning Consultant Coury review i 'Rh the Commissl' ' and answer q uestions. Planning Consultant Coury provide project. He indicated that regarding parcel h states 3,17i'acres, is a typo and should state 1.17 acres and ap gize eCA,& the mista�Ce. He noted that two (2) letters and three (3) a -mai . � re diiii4buted to Up Commission prior to the meeting issues Specificgl`�i identlf as Single Til are large 'ZCo there is no #h are no other Commissioner says "Estate H )poems regarc g the project and stated to the staffs�rese{1, there was nothing they found in the rat would "call out any different. The categories are �In� Family and there is only one (1) Residential t staid within the Specific Plan. Although the lots remainder of the Tuscany Hills area, he indicated that Specific Plan which identifies "Estate Lots" and there ,tandards for that. within l` indicated that the confusion comes in the title because it but isn't specified in the Specific Plan. Planning Consultant Coury indicated that Commissioner O'Neal was correct and noted that he did not have the chance to review the letter that was provided to the Commission but stated again that the Specific Plan does not recognize "Estate Lots ", it is Residential Single Family through out and the minimum lot size for Residential Single Family, according to the Specific Plan, is five thousand (5,000) square feet, but should have an average of fifty -five hundred (5,500) square feet. PC May 3, 2011 Item No. 3 Page 63 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 3 of 22 He addressed the comments regarding improper noticing; the improper Burrowing Owl Study, and the California Environment Quality Act (CEQA) issue. Commissioner O'Neal asked if the Home Owners Association (HOA) in Tuscany Hills does not apply. Planning Consultant Coury indicated that Commissioner O'Neal's statement was correct and in May of 2007 approximately twenty two (22) of the "Estate Size" lots de- annexed from the HOA. Commissioner O'Neal asked if there was construction Chairman Gonzales stated that there was Commissioner O'Neal asked that if would CEQA apply. Within at the time. two (2) years, Planning Consultant Coury indicated that CEQA wo0ld" "not apply if it'was part of a larger subdivision in the past two (2) years an.,,,,,noted that there was not a subdivision, and stated that the I had already , n split well over ten (10) ears ago. Y as Commissioner O'Neal confirmed with l,, r Co ry �(2) years does not apply in this particular case.o Planning Consulljg Coury irJ =tcated that�his was correct. Gommissioner O Neal Indicated t� exception of CEQA there is a twenty percent oon slopes and I lope is twenty percent (20 %) or greater, CEQA applya asked � , Coury to confirm that he looked into this. Plammn�Gonsultant Cury indicated that he did look into this with the City Engineer `a( the aver 111 slope is 14.85 %. Commissioner s O'Neal 4 sfated that when rounding it off, it is basically fifty (50) percent and five �1 "percent less than what would allow falling into CEQA guidelines. Planning Consultant Coury indicated that this was correct. Vice Chairman Mendoza asked who the original owner was. Planning Consultant Coury indicated that he would check with the applicant. PC May 3, 2011 Item No. 3 Page 64 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 4 of 22 REQUEST TO SPEAK Ms. Donna Holts indicated that she and her husband Raymond Holts are the property owners at 5 Via Del Lago which is adjacent to the property in question. She distributed a statement to the Commission and wanted to touch on the concerns that they had about the project. The first being erosion problems; there currently is some debris being washed down from the front of said property and across their property when it rains. There is also some erosion on the hillside behind their backyard; due to grading that has already been done for the "Sports Courts" which are now being submitted to the City as e indicated that they are concerned that there is alreads visible; this will be exacerbated if construction is continued,;oi The second concern has to do with the prof a small community. There are only twenl originally marketed by the builder, they w,��, view lots, with lots of open space. MAR allowed on the said property, this would set in that community to also subdivide which c community. She noted that this W s not the to the original homeowners that b 41 Ms. Holts indicated that they feel thA his entire neighborhood, ect #cally their lots, parcel #2, new resld iis`vWatild be looking indicated that they ave pricy issues been done on the hili5naturAFillside has k that com J to be " W omes that if the sion is se for otherAomeowners for a higher density in that tent or the selling incentive ��yee the property values in the ad ttjwrf, regarding the building for ctly their backyard and so she also stated that since grading has cut away. Ms. Holt �i `�° ,that r� an:!M ''fh��nvironmental Study, they don't believe due dllt t;n was l "d In co leting a fair and adequate study. This is because the t y was done of e the �a S there cut, which virtually destroyed any habitat that wasja�l�eady there F Ms. Holts last concern vas regarding input from the entire community. She stated that the tld t f due diligence was done to notify all of the homeowners in Tuscany Hills. Vice Chairman Mendoza asked Ms. Holts if she was an original homeowner. Ms. Holts stated yes. Mr. Ray Holts, 5 Via Del Lago, indicated that he didn't think that the original grading was done to incorporate a couple of sports courts and believes that it got "snuck" in. He also stated that he understands that the applicant has quite a bit of property in the back and has already graded it. He also doesn't home sites. She 6 erosion that is those two (2) pads. Hills Estates is 0 when it was PC May 3, 2011 Item No. 3 Page 65 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 5 of 22 understand the CEQA guidelines relating to subdivisions and asked for an explanation of this. Planning Consultant Coury explained the CEQA guidelines relative to subdivisions. Mr. Holts wanted to know if something more could be done to change the Tuscany Hills Specific Plan. Commissioner O'Neal requested that Mr. Coury or the Holts question regarding the Tuscany Hills Specific Pla Mr. Holts indicated that he received the Notice of and had no time to research this and this was why City Attorney Leibold explained what a "Estate Lots" in this case. address Mr. ng a few days ago #ioninci this. is and to Chairman Gonzales stated that the grading is &A fing an erosion problem. He also indicated that he went by tli property and aA -0ed when the driveway was graded. Mr. Holts indicated that it was graded 200,7k- City Attorney Leib ol8 milted that before any permits are issued, precise grading ftas fo be done to recertify the stability and compaction of said property. She also tat d theven if the property is divided, it doesn't mean that a building permit is IssdEthaertain qualifications have to be met. Mr. H s asked 'f "i hdt r that the driveway was cut in behind 7 Via Del Public W&ks�Director S "'Qmalo indicated that according to the City's records, the grading permit i7✓as apphd for in May 2007 and approved in April 2009. Mr. Holts asked if'i Wfs permitted and graded in 2009. Public Works Director Seumalo indicated yes. Chairman Gonzales asked if Mr. Holts is currently getting a lot of erosion on his property. Mr. Holts stated that he has placed sandbags at the back of his property and above his patio and pool. Mr. Doug Pinnow, 7 Via Del Lago, property owner for the lot that is being considered, noted that he has lived at that location since 2003. He indicated that PC May 3, 2011 Item No. 3 Page 66 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 6 of 22 after he moved into the home, there was an occasion where the City extended the road on Via Del Lago, along his property line. This extension gave new frontage and had that frontage existed when the builder (Curtis Development) built the homes, he probably would have taken advantage of the facilities and put a few extra homes there. He also indicated that the homes he selected are on acre size lots or will be if there is any building there in the future, and stated that he could probably put more than a dozen homes there and still have been in compliance but he is sensitive to trying to have a good appearing neighborhoodd chose the split of two (2) rather than twelve (12). He said that his neigh Mr Holts has always been concerned about his privacy and stated that satyears ago when they were still part of the Tuscany Hills Association, he jyanteMoo, place a gazebo on the pad. Mr. Holts opposed the location of the gazebo on the6asis of his privacy issue, and the Tuscany Hills HOA decided aggffigtt him He 's a`ted that he took pictures from the pad location that wouJbe nearest his ya" show the Commission what it looked like. 0 ;. may; ,:,,, Vice Chairman Mendoza asked Mr. Pinnow wha ,year he applied for the gazebo to be placed there. Mr. Pinnow stated that he believed tlaafifiwae:tn 2004. Vice Chairman Mendoza asked if the As-si iatlon1 granted him permission to do this. ` IN Mr. Pinnow stated tfl��he Association grari #e "d him permission but indicated that it was a concern bec u se fi+lK, j that the gazebo location had a line of sight. ��~ Pinnow if he was part of the Association at Mr. PinnowTgdlcated y s and stated that the de- annexation occurred late in 2005.Ns„ J,, Commissioner O'Neal asked Mr. Pinnow if the gazebo was built and does it exist now. Mr. Pinnow indicated that the gazebo was built and where the gazebo was located. He noted that there is more than adequate space to protect Mr. Holt's privacy and was found to be the case with the HOA years ago. Vice Chairman Mendoza noted that Mr. Pinnow applied in 2004 for the gazebo and the HOA approved his gazebo. In 2005 he de- annexed from the HOA and clarified that this information should be on record and can be checked. He asked PC May 3, 2011 Item No. 3 Page 67 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 7 of 22 Mr. Pinnow if he de- annexed from the HOA with the intent of having his own HOA because he couldn't do everything he wanted to do with his property. He indicated that the twenty -two (22) lots were unique from the rest of Tuscany Hills and they de- annexed to form an HOA. Mr. Pinnow indicated that this was incorrect. Vice Chairman Mendoza asked Mr. Pinnow if they were going to start their own HOA once they de- annexed. Mr. Pinnow indicated yes but it hadn't yet formed. Vice Chairman Mendoza stated that he was on Pinnow requested permission to build the gaze, have the gazebo because it didn't meet the�C He also stated that the RV storage, the V P dissention with the twenty -two (22) homed vr. they were going to de -annex from the HOA j HOA with their own CC &Rs. "AC ,,, ommittee when Mr. He sand, that he couldn't ft 1iscany Hills HOA. and the boatark caused as a result th said that � (fftent of ha i their own Mr. Pinnow indicated that this was Vice Chairman Mendoza stated tha' indicated that twenty-, vuo� )homes item so that more irforma to can be Tuscany Hills. rect in his statement and suggested postponing this na the de- annexation from Mr. Pinnow indicated, h ,ode anf6xed because they couldn't find a commonlit�, n thel,eeds, fhe Architectural Committee, and the original HOA 0 noted de "a vexation process was quite elaborate. vice CBaW an Mendoz ndicated that this was when proxy voting was allowed in the Assoeq ion but is longer allowed. Chairman Gon nad that the HOA is not the issue but the issue is whether to allow Mr. Pihno':,o`separate or not to separate. Vice Chairman Mendoza stated that Mr. Pinnow shouldn't be permitted to subdivide his homes because they are supposed to have their own HOA and CC &Rs. City Attorney Leibold indicated that this is not a City requirement. Vice Chairman Mendoza indicated that this was their request upon de- annexing from the HOA. PC May 3, 2011 Item No. 3 Page 68 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 8 of 22 Chairman Gonzales noted again that the HOA is not the issue regarding this item. Mr. Pinnow indicated that Vice Chairman Mendoza was incorrect about the CC &R requirements. Vice Chairman Mendoza indicated that Mr. Pinnow was required to establish CC &Rs for those twenty -two (22) residents, and since there are none, he is able to do what he wants to the property. Mr. Pinnow stated that this wasn't correct; the requi were that the twenty -two (22) home owners in tI forming an Association. Subsequently, they did lo( but because of the "bad taste" that was left fro , ,Y was never a majority willing to form one, an fez ADHOC Committee member was current) n the this. Commissioner O'Neal indicated that he was uni Pinnow stated earlier, that the pi' us HOA d'. the gazebo but once the residents of the Vice Chairman Mendoza agreed :tit's that were considered states" should look into o forr>,. ing an Association avid 10 ssociation, there t Mr. off -, who was an fence ari uld confirm impression from what Mr. e him permission to build a , jlt the gazebo. statement. Mr. Pinnow indicat find this was incon ct and stated that the HOA did give him approval to build ai eb&4)nd said tha hedidn't understand the original HOA and what it had to tb „ h his,,request to sd&Oide. Vice Chatta (kpdoza`indcated ' frathis wasn't correct and stated that Mr. Pin no also brou�l� tort% ACC Committee a fence that they disapproved be of the establia'hed C 'A Chairman zales suggested continuing this item. q � p_ COMMISSIONS COMMENTS A r Commissioner Jordan indicated that the Tentative Parcel Map should have a legal description and wanted to know why there wasn't one. Planning Consultant Coury indicated that this was an oversight. Public Works Director Seumalo indicated that Commissioner Jordan should have a formal legal description on the map. Commissioner Jordan stated that the legal description needs to be added. She also requested clarification of the easement notes relating to Via Del Lago. PC May 3, 2011 Item No. 3 Page 69 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 9 of 22 Public Works Director Seumalo apologized that this wasn't explained more clearly and noted the location of the utility boundaries. Commissioner Jordan asked Mr. Seumalo if that was supposed to be depicted on the map. Public Works Director indicated yes. Commissioner Jordan requested that staff add that to the map. She also requested clarification regarding Condition No. 4 which states "Prior to final recordation of the Tentative Parcel Map ". City Attorney Leibold indicated that the Tent, once it is finalled and the finaling process for a will be recorded Commissioner Jordan asked if it is a will be recorded. or. a Tentative City Attorney Leibold indicated that it is a Commissioner Jordan requested Parcel Map. City Attorney Leibold indicated to strike the that Commissioner JorP` h� question -'about thegrading permit, and asked if there was a Bur g Owl »$urvey required prior to the grading permit being pulled. Public work sr Seun7alo indicbtetl'that he would research this. Cora ioner Jordan sated thia &k he was uncomfortable with the survey of the Burrowr Owl becaus toth ohe surveys were done within one (1) week and none were6cliscovered. he also asked where the driveway location was for Parcel 3 becks she was having trouble distinguishing it. Planning Consult"4 V Coury indicated that it is the common fifty -foot (50') easement and noted that it was at the end of the hammer head. Commissioner Jordan asked if Parcel 3 was at the end of the "hammer head ". Public Works Director Seumalo specified the location of the access driveway, the reciprocal access driveway, and the "hammer head" on the map. Commissioner Jordan asked if sixteen feet (16') of the driveway would be paved. She noted that it shows that a future turnout is suppose to be twenty -six feet (26') and when she scaled it out, it is not twenty -six feet (26') feet. PC May 3, 2011 Item No. 3 Page 70 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 10 of 22 Public Works Director Seumalo indicated that this is something that can be corrected on the site plan and indicated that he wasn't sure why it was shown on the subdivision. Commissioner Morsch stated that he also lives in Tuscany Hills, approximately forty -nine hundred feet (4,900) from the Mr. Pinnow's property. He stated that when he purchased his lot in Tuscany Hills, he was under the impression that the residents had a school, a park, a recreational center, and twelve hundred (1,200) homes which included "Estate Size" properties. He said that he wasn't active politically but heard some complaints about fences, and tact that the "Estate Size Properties" or the "Estate Added Territories" wer"omewhat different from the regular R -1 lots in the rest of the community.] He also indicated that Via Del Lago has the hig, lots and they are roughly one and a half (1 1 / three (3) acres plus and it was not part of #lie c the added territory and included in the ongir�l the residents that consented to the de -an were "Estate Properties" and should be consic also referred to Title 16.20.020 wh ,f states that be compatible with lots in the surr(:V rea. Also, Commissioner Morsch states that they are,< . surrounding prop(r�s�a t f with comp ' • ility with the an a is ; ' t needed way for the „tjjity runs concentration of the smaller Mr. F ftp, Ws property is .d grading ti , ' was part of Further, ated that so -with the beb f that these and treated differently. He gas and arrangements shall -Intiondil that )n ttrO City of Lake Elsinore's code, it to loo t��subdivlr `ns in the context of the :onsider tis particular project in the context of the .t map shos twenty -four (24) very specific added th larger lots`fihan all of the other lots combined. tae specific Plan states, the people in the ever one there was going to be compatible at the issue he has is the size of the lots and looperties. He asked Mr. Pinnow why there is „Parcel 1 in benefit of Parcel 2, and why right -of- 'arcel 2. Mr. Pinnow digWtsed .the location of the easements relating to Parcel 1 and 2. He also indicatedh t before starting the project, he had considerable dialogue with Tom Weiner, the City's previous Director, who told him that the only requirements that they had to meet were the Tuscany Hills Specific Plan, and discussed the issue of density. Mr. Pinnow indicated that the main issue was that the builder did not put any fencing up and the HOA wanted the homeowners to put the fencing up at their own expense and initially, the HOA paid the builders to put the other fences up for the homeowners. PC May 3, 2011 Item No. 3 Page 71 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 11 of 22 Commissioner Morsch indicated that he recalled that the issues at the time were that they had frontages of approximately two- hundred feet (200') to four - hundred feet (400') and wanted white laminate fencing that looked rural. Conflict arose once they made that request and as a result, two- thirds (2 /3rds) of the Association agreed to release the added territory. He also indicated that since Mr. Coury is correcting the map, he suggested changing the easement line to a dash line to indicate the easement lines. He noted that the graphic scale is lacking some numbers because the bar scale doesn't have numbers on it to graphically show what the scale is and assuming the subdivision goes through, asked if the access road is going to continue to be a gravej,eTp d or paved road. He referred to Condition No. 7 which states: Prior the applicant shall submit a letter of verification (wil utility providers to the City Engineer, for requested to add "Each lot shall have sep including but not limited to sewer, water, el t�trical, that they are not piggybacking on sewer." oth issue of grading, he indicated that he kno r drainage is one of the biggest problems that hi add a condition, Condition No. 24' tp state the foil a grading /drainage plan to elimin cross lot the City Engineer. ���,� Commissioner responsible for (3) lots. that if thj@ projec road sine there Mr. Pinnow area will ref=: 4�1ce of building permit, ✓e C I;tpr) from appropriate red '011 y services, and excluslwe •utility services, and comrrticat ions ", so lities. Also, fi g�rdIng the ?1perience that cross lot have so he would like to 3: The applicant shall file Viejo the satisfaction of approved, who would be I't be CC &Rs on the three about the bill and noted that this nnow that if he moves, who would maintain the Mr. Pinnow if he moved, if it split, he would maintain it. Chris Pinnow gave3,hjd name and address and indicated that he is the engineer designing this plan` and stated that the original Water Quality Management Plan required that the owner maintain all storm water which includes the driveway and the run off from the driveway. He noted that the road will remain a gravel road and will be maintained by Douglas Pinnow. Commissioner Jordan asked if sixteen (16) feet of the road will be paved. Chris Pinnow said eventually it will be paved. Commissioner O'Neal asked Mr. Coury to explain what a dirt sports court is. PC May 3, 2011 Item No. 3 Page 72 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 12 of 22 Planning Consultant Coury indicated that it is identified as a tennis court, and a croquet court. Commissioner O'Neal asked Mr. Coury if he followed up with Riverside County regarding the hillside requirements. Planning Consultant Coury indicated that he didn't get a chance to contact Riverside County regarding the City's hillside requirements but he reviewed the requirements and stated that there was not a hillside overlay placed on this Specific Plan in this area. t, Commissioner O'Neal asked if the City of Canyon hillside requirements. Planning Consultant Coury indicated that Commissioner O'Neal asked if the City courtesy notification. Planning Consultant Coury i the three hundred (300) foot Commissioner O'Neal indicated that h is not within the three �t (300) would notify the Ca o residen Planning C require this. the City was notified about the ; �tlfie Wthe project. could be chided as a Lake was outside of s that"the City of Canyon Lake ilus "NUFwanted to know if the City it does affect them. City of Lake Elsinore does not Com i Eioner O'NWW! dic;i that when he and Mr. Coury discussed hillside, their ed about fi ee>'t (I 5)q TCent as opposed to twenty (20) percent and asked i , ,'s was correct Planning Coh ttant Coury indicated that this was correct. Commissioner O`(eaf stated that he has mixed feelings about this but Commissioner Morsch clarified some issues for him and he agrees with him about setting precedence. He said he would consider two (2) lots but not consider three (3) lots and recommended continuing this item because there are various issues and concerns with a number of people that need to be addressed. Commissioner Mendoza indicated that he agreed with Commissioner Morsch regarding the concept for "Estate Lots" because he knows they originally sold as "Estate Lots" and subdividing these lots was not the intent of the "Estate Homes ". He stated that the reason that he is aware of this is because he was there before the homes were there and when the residents wanted to de -annex and does PC May 3, 2011 Item No. 3 Page 73 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 13 of 22 understand why they wanted to. He encouraged Mr. Holts to start his own HOA to get the other homeowners on board so that this doesn't go any further. Chairman Gonzales indicated that he agreed with Mr. Morsch regarding the "Estate" properties and said that he is against shared driveways. He asked if the homeowner has to maintain the street afterwards and if the property is sold, will this be part of the agreement of the sale. Commissioner Morsch made a motion that the Commission postpone this item and recommended to the owner that he bring back to tithe Commission an application with a two (2) parcel map lot split with a,pfeliminary grading plan showing the elimination of cross lot drainage. He als wanted to include in that ik motion a copy of the de- annexation documentatlonsd th i ulations regarding the cle what the Estate Homes Vey' equlred ��do once they de annex from the HOA. - ,. City Attorney Leibold clarified with thoF+r continue this item, it has to be continued to date, and if it is continued to an unspecified c L that if the Moose to Main, or to a unspecified it needs to be re- noticed. Commissioner Morsch asked Mr. R the materials. Mr. Pinnow indicated t has no two (2) parcel sub s r ON d inv property. He note � o the ' .. mmis stands currently for ree (? parce long it% uJ l take him to amend of providing alternative plans for a ,ommission to take a look at the he believes that it is suitable as it �..� C ommiss per sch a Mr. 'PMN6 if he understood that he risks denial from th ommiss°il�de fiction 16.20.020. Mr Plnn'o t C mission will probably never face this particular situation ih scany Hilig again and they don't have to worry about forty (40) new ho being built there because in the eight (8) years that he has been there, no one as;ftought about doing anything like this. He stated that he was the exception"' e the City extended Via Del Lago (in front of his house) to give new frontage to allow the subdivision to take place. He invited the Commission to review the records of the correspondence that he had with the City before he began the project regarding the dual use driveway, and conceptual plans, and noted that both were given the green light. He indicated that a considerable amount of expenses were put in at this point and although he does take seriously that he may face denial, he hopes that the Commission takes seriously that he has done everything properly with the City and if the Commission continues this, it would give them more time to review the material. PC May 3, 2011 Item No. 3 Page 74 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 14 of 22 Commissioner Morsch indicated that if Mr. Pinnow was still under the original CC &Rs and HOA, he would not be allowed to re- subdivide his property at all without Board and City Approval and asked if he was aware of this. Mr. Pinnow indicated yes. Commissioner Morsch indicated to Mr. Pinnow that the Commission has given him some latitude in considering an application that would include a subdivision into two (2) lots but since he wants to subdivide into three (3) lots, he is running into compatibility issues with the City of Lake Elsinore's Myal Code. Motion was made by Commissioner O'Neal, Mendoza, and unanimously carried to contin 36304, a request to subdivide an existing parcels within the Residential Single Fa Hills Specific Plan, to May 3` 2011. AYES: NOES: ABSENT: 2) Residenti: 0 City Manager 8' project with the have. by Vice Chairman re Parcel Map No. into three (3) isf the Tuscany AIRMAN MENDOZA, MISSIONER MORSCH, Residential Design Review No. 2011 -01 and proposed Conditions of Approval. that Kirt Coury, Project Planner would review the and answer any questions the Commission may Planning Consultant Coury provided an overview of the project and indicted that the applicant was present. REQUEST TO SPEAK Ms. Sondra Harris, Vice President of Planning with Richmond American Homes, indicated that she was very excited to be back before the Commission again with another product from Richmond American Homes in the City of Lake Elsinore. CHAIRMAN GON COMMISSIONER O'NEAL the `�[QZ PC May 3, 2011 Item No. 3 Page 75 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 15 of 22 She stated that she didn't have anything to add to Mr. Coury's presentation but referred to Condition No. 24, which Mr. Coury spoke about in his presentation, and requested from the Commission, approval of the California Coastal landscape design which they are proposing on the models only and noted that the parkway will be planted with turf and street trees and will be maintained by the HOA. Planning Consultant Coury indicated the California Coastal landscape design will be an option for home buyers but the typical front yard plans that Richmond American submitted have some turf and ground cover. •;,; Commissioner Jordan asked Ms. Harris why are proposing for the production because she turf which gives a better street seen. something that they Took with the mix of Ms. Harris indicated that they have discus thi; teams and the buyers are not so willing eK stated that with the implementation of AB18 I N made the turf smaller in various communities o and got significant pushback frdm the commun sales so they are not currently prop�s'rag,�his type Commissioner O'Neal asked Ms. Hal if this as an option. Ms. Harris h their saldWpb m in their front`Qjards. She requires reduced turf, they of the City of Lake Elsinore which caused difficulty in be able to request �f O'Neal suggested that Richmond option. indicated % 't• they taave tried optional landscape designs in the past ive not beensuccessful. Chairman Go les Indited that in his yard there is no turf, it is a wide variety of landscaping Commissioner O'Neal encouraged them to rethink this issue and referred to the "Living Smart" product by Pardee Homes. Commissioner Jordan indicated that this would benefit homeowners because they would be able to save money on their water bills. Ms. Harris indicated that she would take the Commissioner's comments back to her team to review these options. PC May 3, 2011 Item No. 3 Page 76 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 16 of 22 Vice Chairman Mendoza asked Ms. Harris if her concern is uniformity with the other homes. Ms. Harris indicated that if a homeowner decides to do Xeriscape later, McMillan Development would ask the HOA to support this. Vice Chairman Mendoza thought it would be great to have Xeriscape in the CC &Rs if the homeowners request this. Chairman Gonzales asked if the homes in this developme 'are required to have flood insurance because they are being built in a flood pla'i'n: Public Works Director Seumalo addressed Cha question regarding the flood plain. r,,, >„ "',, Ms. Harris also referred this question to Jul o Craig of McMillan Mr. Justin Craig of McMillan Development int�iiself and addressed the CC &R's and flood plain issues. `�� „ Vice Chairman Mendoza suggeste4W the landsca "ui elines be as clear as possible which are included in the C ' A A l� ° � i �i City Attorney Leibold ' ted that AV 011C &Rs`�j"`tivbrning all of the Summerly project have alrea a corded arf the City is the third party beneficiary within enforceme91 ghts. h am ifs in the recorded CC &Rs that require covered by turf. didn't think that there is. Commissioner Morsch Indicated that if there is built -in latitude in the CC &Rs then there is no "spI 'fic marjdate in the CC &Rs requiring turf and it is up to the Architectural Revw Committee. re COMMISSIONER'3COMMENTS Vice Chairman Mendoza indicated that all of his questions were answered previously and welcomed the applicant to the City. Commissioner O'Neal thanked Ms. Harris for stopping by his office to discuss this project as well as others in the City. Commissioner Jordan indicated she noticed that on several lots, the plotting isn't staggered and she is concerned about the street scene and noted the similarity PC May 3, 2011 Item No. 3 Page 77 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 17 of 22 of architecture between Plan's S180 and S192 and noted that the City wants to raise the bar but she doesn't think that this is raising the bar. Commissioner Jordan discussed how she envisioned the street plan in her mind regarding Plans S180 and S192 and noted that they don't have a lot of variation, specifically, not having the lots staggered. She also indicated that on many of the lots they are doing minimal front setback although she understands that the lots are small and asked if the rear yard setback with the patio is five (5') feet. Planning Consultant Coury indicated yes. Commissioner Jordan indicated that she noticed on applicant is using a stone veneer, and wanted to k brick or a different kind of a veneer to make those Ic the roof lines on the bungalow elevations j& all suggested that there be some architecturaIP "nhanc She recommended doing some kind of diff ston Commissioner Morsch stated that Condition to be clarified and also wanted cl; 'rjffcation of Public Works Director Seumalo indiLotE and also clarified Condition No. 49 foil Commissioner Morsch Inds �" ed that th and stated that �r�e the n section get out of the development t ' e lake. Public W flood intoth It Commiss minimum basin Morsch 4on to b Public Works D elevation. and K elevations, the ,bey are not using a re.;C t, She stated that KactCy� the same and its on th�� el vatio either the a the K. poorly worded and needs No. 49. 26 would be revised just one (1) part of the development uilt, asked how the water is going to indicated that at the one hundred (100) year drain to and filter through the golf course, and that the very lowest elevation is right at the the flood plain for FEMA which is 1,267. indicated that 1,267 is a local required finish floor Commissioner Morsch indicated that the water level could conceivably be 1,263 with a wave surge at 1,267 is where they are currently at and asked how the water would get conveyed from this development, in addition to the other developments to the lake since they are already close to the floodplain. Public Works Director Seumalo indicated that it would be stored in the golf course area until the water dissipates and noted that at the one hundred (100) year flood condition, other areas at risk will be the downtown areas. PC May 3, 2011 Item No. 3 Page 78 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 18 of 22 Commissioner Morsch indicated that this project is the most easterly developed project of the phases and that most likely, everything is going to converge to Village Parkway. He stated that the elevations of these finished floors are at the lowest they can be to be out of the FEMA floodplain and the next development is going to have to similarly be above 1,267. He indicated that there will be flooding at Village Parkway and from there into the storm drain, the golf course and then to the lake. Public Works Director Seumalo indicated that there is a one hundred and eight inch (108 ") pipe in Village Parkway so the storm drain syst s are intended to go subterranean and at the one hundred (100) year flood.afion, there may be some surface flows on the streets but it will all go to the golf course which is the planned storage and treatment area. Commissioner Morsch stated that he believe haj be done really well, such as creative archi ural ell He noted that the only problem he has , s prc small homes and he would be happier if a poagt„ twenty -two hundred (2,200) square feet and ha "c foot spread between the smaller phomes and the give the customer more of a vanetY #o��pose from. like to see this in the next phase., enscapeIg" scaping could ments with np Work, etc. t Is mat tner "re a lot of ese homes Were around least a four hundred (400) ger homes and this would J b,Jndicated that he would Ms. Harris indicated ff�re is a h in the City of Lake Ejsrtior �a other Irgingle story homes, not only Southern California. Commissioner Jordan ,stat F that she v 3did like to see changes such as additional architectural #o :the Snish Elevation for the S180 and the S192, an,4 � d,to kno �, by they re not using a different kind of veneer on the diTOOnt eIevat�e` F y Ms Hal gpaddressed Commissioner Jordan's suggestions. Mr. Dave K614%f KTGY a `rchitects introduced himself and indicated that he was e 2 also the archit - r J Laing Homes as well as the Summerly models. He let the Commissione ow that their comments were valid and informed them that two dimensional rp derings do not give justice and the plans give better detail regarding the different models. He said they would work with staff to enhance the models per Commissioner Jordan's request. He discussed the benefits of single story homes and how they will benefit the residents of the City. Passed and adopted the following Resolution: "Resolution No. 2011 -06 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending that the City Council of the PC May 3, 2011 Item No. 3 Page 79 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 19 of 22 City of Lake Elsinore adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan ". MOTION was made by Vice Chairman Mendoza, seconded by Commissioner Jordan and unanimously carried recommending that the City Council of the City of Lake Elsinore adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan. AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, CommissioneraMorsct Commissioner O'Neal A adopted the following City of Lake Elsinore, Californi City of Lake Elsinore approve eliminating Conditio : o. 2 Commission rega p, the plotting and , cades': specifics of irdan, seconded by Vice Chairman mmending that the City Council of mtial Design Review No. 2011 -0101 veil as getting direction from the work with staff on the specifics of Gonzales, Vice Chairman Mendoza, Dner Jordan, Commissioner Morsch, NOES: None ABSENT: None ABSTAIN: None The Planning Commissioners thanked the applicant for their products. (,Commission of the e City Council of the 'ew No. 2011 -01 and direction from the PC May 3, 2011 Item No. 3 Page 80 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 20 of 22 Chairman Gonzales stated that he looks forward to Richmond American's residential neighborhoods coming to the City. He also referred to the letter that was drafted by Commissioner O'Neal on behalf of the Commissioners regarding the City's Redevelopment Agency and asked the Commissioners if they had any comments or questions regarding the letter. City Attorney Leibold noted that since the letter that Commission O'Neal drafted wasn't on the Agenda, it is for the purpose of information only and the Commission cannot take any formal action regarding this. Commissioner O'Neal thanked Ms. Leibold for her assistance'with the letter and stated that he welcomed any changes that the�]�sion might have and requested that they initial if they agree and he wou , orwar�l to the Governor. City Attorney Leibold suggested that an elpefr'o its version be,' wen to Susan Reid in the City Manager's office to put on the City's letterhead l,4o be set up ��a for signature and initialing. She sugges that pmissioner C' Neal also forward a copy to the local legislators who�wl e: Ati " ' on the bill. She also {{ indicated that in the last couple of days, the le �'vecounsels office said that the Brown budget proposal to ell ate Redevelo °o g p p �� prpetlt was legally problematic in light of Proposition 22 and the initicJraft of the proposed bill is now available and can be provided to the Commis Commissioner O'Neal Mated that if apy,nfi the " G... 15fri missioners wanted to add anything to the letter;ould be more�an happto accommodate this. Commissioner Jorda ank Commissioner "O'Neal for writing the letter. �N \`' F �\ - w Vice Chaitrnan,,,M. oza stated that h� concurred. STAFCOMMENTS , Public Wor irector Salo gave the Capital Improvement Program update. Planning Cons grit Coury extended his thanks to the Commissioners for contacting him by-1email and by phone regarding the parcel map project and noted that this reaJly helped to gather and share information before the Planning Commission meeting. Senior Planner Harris had no comments. Office Specialist Herrington had no comments. City Manager Brady had no comments. PC May 3, 2011 Item No. 3 Page 81 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 21 of 22 CITY ATTORNEY'S COMMENTS City Attorney Leibold had no comments. COMMISSIONER'S COMMENTS Commissioner Morsch thanked Commissioner O'Neal for taking the time to write the letter to the Governor regarding the City's Redevelopment Agency and indicated that he thought that it is important for the City's Planning Commission to object to the dissolving of the Redevelopment Agencies. He also congratulated Mr. Brady on the extension of his contract Arid stated that although it may premature, looks forward to working with him a;�oted that he is doing a good job and is well respected in this community Commissioner Jordan thanked staff for all of work they do. She indicated that she does= a stickler about certain things and is pro# She indicated that she would e-mail staff with Commission meeting. Planning Consultant Coury respond in writing to the Coi Commissioner O'Neal requE City Attorney Lei indicaj sreid @lake- elsinore. N Commis gtIfi al ask stationary and re e'sted th =117 - [ S work appreciates the be hard on'I staff but she is in the City's= interest. Dons, prior t , #e Planning >,gogd because they can ress. 's e-mail address is: It M " s` Reid put the letter he drafted on the City's of the legislators get copies also. City Mg �rf er Brady cdt� med„j:F at the letter would be completed and copies will be fotward� #o all legisloors as well as the City Council. b\ Ja Vice Chairmante,ndoZa thanked staff for their hard work and also wanted to ,;,,. thank John Herref0 City's Information Technology Technician for his help with setting up his# mail and mentioned how patient and upbeat Mr. Herrera is. City Manager Brady indicated that Mr. Herrera is a very good employee. Commissioner Jordan seconded that and indicated that he helped her get back on e-mail. Chairman Gonzales reminded the Commissioners that their Form 700 has to be turned into the City Clerk's office. PC May 3, 2011 Item No. 3 Page 82 of 84 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 22 of 22 Commissioner O'Neal stated that he did not receive the Form 700 and mentioned that in the past it has been mailed to his home. It was noted by Staff and the Planning Commission that the next Planning Commission meeting to be held on March 15, 2011, would be cancelled. Chairman Gonzales closed the meeting in memory of those in Christ Church, a Church that was destroyed in South Island, New Zealand, where he spent time in the past. ADJOURNMENT There being no further business to come be Chairman Gonzales adjourned the meeting at 8; The next regular meeting of the PI Elsinore which is scheduled for Tue Cultural Center located at 183 N. Main Respectfully Attest: Robert A. Brady City Manager I of tl'e 1, at 6:0 re. will be Commission, Lake in the led. 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