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Home My WebLink AboutItem No. 2CITY OF LADE , LSINORT DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: DECEMBER 6, 2011 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2009 -02 AND TENTATIVE PARCEL MAP NO. 36193 (MODIFICATION) — A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL PERTAINING TO HOURS OF CONSTRUCTION OPERATION FOR THE POTTERY COURT APARTMENT PROJECT LOCATED AT 295 WEST SUMNER AVENUE APPLICANT /: BRIDGE HOUSING CORPORATION, 345 SPEAR STREET, OWNER STE 100, SAN FRANCISCO, CA 94105 Project Request/Location The applicant is requesting to change conditions of approval associated with Residential Design Review No. 2009 -02 and Tentative Parcel Map No. 36193 located at 295 West Sumner Avenue (Vicinity Map). Background The conditions of approval relating to the identified project currently limits hours of construction to Monday through Friday from 7:00am to 5:00pm, with no construction activity on weekends or holidays. The origin of this condition began in the early 2000's when several merchant builders were constructing in -fill tract developments throughout the City. The condition was intended to limit hours of construction to reduce potential impacts (i.e. noise, construction traffic, etc) on adjacent or nearby residents. It should be noted that the Lake Elsinore Municipal Code (LEMC) (Attachment 3) allows for construction activity to occur between the hours of 7:00am to 7:00pm, Monday through Saturday. The applicant is requesting to modify their conditions to allow for construction on Saturday's, consistent with the LEMC to meet their construction timeline. Bridge Housing would also like to add to the weekday hours of construction; Monday through Friday from 7:00am to 7:00pm and to include Saturday hours from 8:00am to 5:00pm. PC December 6, 2011 Item No. 2 Page 1 of 6 Planning Commission Staff Report Bridge Housing Hours of Construction December 6, 2011 In addition, the Saturday construction activities would not allow mass or rough grading, offsite land development, or large material deliveries. On November 29, 2011, Bridge Housing (at the request of staff) conducted a neighborhood meeting with adjacent property owners. Bridge Housing has informed staff that each homeowner within 300 feet was notified of the neighborhood meeting and the proposed change in hours of construction. Lastly, Staff has sent public hearing notices to all property owners within 300 feet of the site, regarding the request. At the writing of the staff report, staff has received no comments or objections to the request. Analysis Given the fact that the applicant has conducted proper community outreach, and that staff has not received complaints or objections relating to the public hearing notice, and that the condition modification to extend construction activity on weekdays and Saturdays, is consistent with the Municipal Code, staff has no objection to the applicant's request. Recommendation It is recommended that the Planning Commission approve the requested changes to conditions relating to construction hours and activity for RDR No. 2009 -02, and Tentative Parcel Map No. 36193 to read as follows: Provisions of the City's Noise Ordinance shall be satisfied at all times during site preparation and construction activity. Site preparation activity and construction shall not commence before 7 :00am and shall cease at 7 :00pm, Monday through Friday, or 8 :00am and 5 :00pm on Saturday. Construction activity shall not take place on Sunday, or any Legal Holidays. PREPARED BY: Kirt A. Coury , Project Planner APPROVED BY: Warren Morelion, AICP\A*K� Planning Manager Attachments 1. Vicinity Map 2. Letter from Bridge Housing dated October 28, 2011 3. Municipal Code Section 17.176.080 PC December 6, 2011 Item No. 2 Page 2 of 6 Project Site 1. i CITY OF �ac�� LAKE DLSINOKE DREAM EXTREME Pottery Court Housing Project Planning Commission December 6, 2011 N ease map prepared by City of Lake Elsinore Engineering Diva February 2011 ion Data S Countyof RverskeGIS �a PC December 6, 01 's. e `L ls Page 3 of 6 1 11 •: e �5 Project Site 1. i CITY OF �ac�� LAKE DLSINOKE DREAM EXTREME Pottery Court Housing Project Planning Commission December 6, 2011 N ease map prepared by City of Lake Elsinore Engineering Diva February 2011 ion Data S Countyof RverskeGIS �a PC December 6, 01 's. e `L ls Page 3 of 6 B R I D G EHousing OCT 31 2011 BUILDING - SUSTAINING - LEADING October 28, 2011 Warren Morelion Planning Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 RE: Pottery Court Apartments Lake Elsinore, CA Residential Design No. 2009 -02 /Tentative Parcel No. 36193 Dear Mr. Morelion: BRIDGE HOUSING CORPORATION Please accept this letter as BRIDGE Housing's formal request to operate on Saturdays at Pottery Court. I am requesting construction works hours to include Saturdays from 8am -5pm and formalize our weekday schedule to 7am -7pm- The type of construction activities that will occur on Saturdays will include trade work activity (electrical, plumbing, painting, etc.). No large machinery use or deliveries will occur on Saturdays. Should you have any questions or need further information, please do not hesitate to contact me at (619) 814 -1285. Sincerely, Aruna Doddapaneni Project Manager BRIDGE Housing Corporation Enclosures (3) CITY OF LAKE ELSINOR€ 345 SPEAR STREET, SUITE 700, SAN FRANCISCO, CA 91105 1673 TEL 415 989 1 111 FAX 495 A898 BRIDGEHOUSING. COM 2202 30TH STREET, SAN DIEGO. CA 92104 TEL 619 231 6300 FAX 619 231 6301 ��'' 555 WEST 5TH STREET. SUITES 100, t05 ANGELES, CA 90013 -1010 TE C 9 21396 8415 FAX 213.996.PJD December 6 2011 Item No. 2 ,, x- ER❑ _ HO "SING 11 A"OLFO ROFIT. P1!A, . 3 11.- T I .Vi.'n Page 4of6 11 LAKE ELSINORE MUNIC CODE 17.176.080 sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: a. The noise standard as specified in Table 2 for a cumulative period of more than five minutes in any hour; or b. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or c. The noise standard plus 10 dB or the maximum measured ambient, for any period of time. 3. If the measured ambient level differs from that permissible within any of the noise limit cate- gories above, the allowable noise exposure stan- dard shall be adjusted in five dB increments in each category as appropriate to reflect said ambient noise level. B. Correction for Character of Sound. In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady, audible tone such as a whine, screech, or hum, or is a repet- itive noise such as hammering or riveting, or con- tains music or speech conveying informational content, the standard limits set forth in Table 2 shall be reduced by five dB. [Ord. 772 § 17.78.070, 1986. Code 1987 § 17.78.070]. 17.176.080 Prohibited acts. No person shall unnecessarily make, continue, or cause to be made or continued, any noise distur- bance. The following acts, and the causing or per- mitting thereof, are declared to be in violation of this chapter: A. Operating, playing or permitting the opera- tion or playing of any radio, television set, phono- graph, drum, musical instrument, or similar device which produces or reproduces sound: 1. Between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise distur- bance across a residential or commercial real prop- erty line or at any time to violate the provisions of LEMC 17.176.060(A), except for which a variance has been issued by the City. 2. In such a manner as to exceed the levels set forth for public space in Table 1, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right -of -way or public space. B. Using or operating for any purpose any loud- speaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise dis- turbance across a residential real property line, or at any time violates the provisions of LEMC 17.176.060(A), except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the City. C. Offering for sale, selling anything, or adver- tising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the City. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events. D. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. This provision shall not apply to public zoos. E. Loading, unloading, opening, closing or other handling of boxes, crates, containers, build- ing materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of LEMC 17.176.060(A). F. Construction/Demolition. 1. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utili- ties or by variance issued by the City. 2. Noise Restrictions at Affected Properties. Where technically and economically feasible, con- struction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the fol- lowing schedule: 17 -157 PC December 6, 2011 Item No. 2 Page 5 of 6 17.176.080 NOISE CONTROL AT RESIDENTIAL PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Type I Areas Single- Type II Areas Type III Areas Family Residential Multifamily Semi - Residential/ Residential Commercial Daily, except Sundays and Legal Holidays 75 dBA 80 dBA 85 dBA 7:00 a.m. to 7:00 p.m. Daily, 7:00 p.m. to 7:00 a.m. and all day 60 dBA 65 dBA 70 dBA Sunday and Legal Holidays Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long -term operation (period of 10 days or more) of stationary equipment: Type I Areas Type II Areas Type III Areas Single - Family Multifamily Semi - Residential/ Residential Residential Commercial Daily, except Sundays and Legal Holidays 60 dBA 65 dBA 70 dBA 7:00 a.m. to 7:00 p.m. Daily, 7:00 p.m. to 7:00 a.m. and all day 50 dBA 55 dBA 60 dBA Sunday and Legal Holidays AT BUSINESS PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: Daily, including Sundays and Legal Holidays, all hours: maximum of 85 dBA. Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long -term operation of stationary equipment: Daily, including Sundays and Legal Holidays, all hours: maximum of 75 dBA. 3. All mobile or stationary internal combus- tion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order. G. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on a public space or public right -of -way. H. Powered Model Vehicles. Operating or per- mitting the operation of powered model vehicles: 1. Between the hours of 7:00 p.m. and 7:00 a.m. so as to create a noise disturbance across a res- idential or commercial real property line or at any time to violate the provisions of LEMC 17.176.060(A). 2. In such a manner as to exceed the levels set forth for public space land use in Table 1, mea- sured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right -of -way. 17 -158 PC December 6, 2011 Item No. 2 Page 6 of 6