HomeMy WebLinkAboutItem No. 2CITY OF
LADE
LSIIYORE
DREAM EXTREME.
REPORT TO PLANNING COMMISSION
TO:
FROM
DATE:
HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
ROBERT A. BRADY
CITY MANAGER
DECEMBER 7, 2010
SUBJECT: VARIANCE NO. 2010 -03 AND MINOR DESIGN REVIEW TO
DEVIATE FROM FRONT YARD AND REAR YARD SLOPE
SETBACK REQUIREMENTS AND TO CONSTRUCT ATWO-STORY
SINGLE - FAMILY DWELLING ON PROPERTY LOCATED AT 17561
SUNNYSLOPE AVENUE (APN: 375 - 201 -035).
APPLICANT: HARVEY AND KIMBERLY RYAN, 17561 SUNNYSLOPE AVENUE,
LAKE ELSINORE, CA 92530
OWNER: SAME
PROJECT REQUEST
The applicants are requesting two separate Variances to deviate from Lake Elsinore
Municipal Code provisions in association with a front yard setback for a garage and a rear
yard main dwelling setback from the existing significant slope. In addition, Minor Design
Review approval is being sought to construct a two -story single - family dwelling on a .77
acre site.
Project review is pursuant to Chapters 17.122 (Variances), 17.184 (Design Review), and
17.76 (R -1 Single - Family Residential District) of the Lake Elsinore Municipal Code (LEMC).
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Project Site
Residential
Single - Family Residential
Future Specific Plan
District (R -1)
Area -J
PC December 7, 2010 Item No. 2
Page 1 of 35
Variance No. 2010 -03 & Minor Design Review
December 7, 2010
Page 2 of 9
North
Vacant
High Density Residential
Future Specific Plan
District R -2
Area -J
South
Vacant
Single - Family Residential
Future Specific Plan
District R -1
Area -J
East
Vacant
Single - Family Residential
Future Specific Plan
District R -1
Area -J
West
Residential
Single - Family Residential
Future Specific Plan
District R -1
Area -J
PROJECT DESCRIPTION
VARIANCES
The subject property consists of a flat and narrow knoll with a spectacular view of Lake
Elsinore to the south. Steep slopes on the north and south sides of the knoll serve to
restrict the buildable area of the property. In addition, the location of the existing 100 -foot
long driveway onsite also serves to dictate the placement of the garage for the residence.
The applicants have been working with a grading engineer and designer for several months
so as to design a residence that will fit on the limited buildable area of the site without
having to extend significantly out over the edges of the steep slopes which would result in
considerable design and construction costs making the project financially infeasible forthe
applicants.
The applicants and their design team have crafted a site layout which meets all the
applicant's needs, requires minimal cut and fill and complies with all but two of the
applicable City development standards (i.e. setbacks) while staying within the limited
buildable area of the site.
Front Yard Garage Setback Reduction
Rather than utilizing a "straight -in" entry garage, the applicants are requesting a "side- entry"
garage so as to align with the existing driveway alignment onsite, remain within the
buildable area and achieve a useable yard behind the garage. LEMC Section 17.76.08.2
allows side -entry garages to encroach within Fifteen -feet (15') of the front property line.
Citing the above restrictions, the applicants are requesting to reduce the setback
requirement to Ten -feet (10') within the front yard area.
Rear Yard Slope Setback Reduction
Citing the limited narrow buildable area of the site, and the fixed driveway location, the
applicants are requesting to construct portions of the main dwelling unit directly adjacent to
or slightly back from the top edge of an existing approximately 28% percent slope at the
rear portion of the property. LEMC Section 17.76.080.C.3 prohibits finished slopes in
PC December 7, 2010 Item No. 2
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Variance No. 2010 -03 & Minor Design Review
December 7, 2010
Page 3 of 9
excess of five percent within 15 -feet of the main dwelling unit. Therefore, the applicants are
requesting to deviate either fully or partially from this setback requirement.
MINOR DESIGN REVIEW
The applicant is requesting minor design review consideration for the design and
establishment of one (1) conventionally built 3,361 square -foot, two -story, single - family
dwelling. The proposed dwelling -unit will include a kitchen, dining room, family room and
master bedroom on the first floor and an additional three bedrooms and a study on the
second floor. A total of four bathrooms will be provided throughout the residence. In
addition, an attached 605 square -foot two (2) car garage is proposed along with three
covered patios and an entry courtyard on the ground floor and a balcony on the second
floor. An existing residential dwelling and various accessory structures onsite will be
demolished prior to construction of the new residence. Both the existing and proposed
residences will be served by an onsite private septic system.
Site Layout
The proposed single - family dwelling unit will be located at the widest point of the narrow
knoll onsite. The knoll will be expanded on the north side of the property through the use of
retaining walls so as to accommodate the proposed residence and associated flatwork.
The front elevation of the residence will face towards the Sunnyslope Avenue frontage. A
side entry garage will be placed at the top of the existing driveway. Patios and a courtyard
have been located so as to take advantage of seasonal solar orientation.
Architecture. Colors and Materials
The applicant is proposing a "Mediterranean" architectural style for the residence. The
perceived scale and massing of the residence has been reduced through the use of
significant articulation and multiple roof forms along all elevations. Moreover, appropriate
scaled fenestration and decorative architectural elements such as balconies, covered
patios and a formal entry porch have all been incorporated into the design. In addition,
quality building materials will be utilized including precast exterior window trim and facia,
paned windows, concrete tile roof, wrought iron railings, decorative chimney cap and light
fixtures. Earth tone colors are proposed on the body of the residence with white trim
features.
PC December 7, 2010 Item No. 2
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Variance No. 2010 -03 & Minor Design Review
December 7, 2010
Page 4 of 9
Landscapincr
Onsite slope configurations and paving create "pockets" of landscape area in the front and
side yards. In addition, foundation plantings are proposed around the perimeter of the
residence. The plant palette will consist of four varieties of trees including Sweetgum and
Canary Island Pine, seven varieties of shrubs including, Sage, Abelia and Japanese
Boxwood and two varieties of ground cover including Gazania. The landscaping will be
automatically irrigated and will include a rain sensor, which will assist in the conservation of
water.
The applicant is proposing to incorporate a six -foot (6') high wood fencing along the side
and rear property lines. A decorative retaining wall with a 42" tall wrought iron fence will be
erected at the top of the slope above the street frontage.
ANALYSIS
VARIANCE
Chapter 17.76 of the Lake Elsinore Municipal Code states that:
"The City realizes that under certain circumstances an applicant while attempting to
comply with provisions of the Zoning Ordinance as strictly interpreted, may,
because of certain physical conditions related to the site, such as size, shape,
dimensions, topography, or unique setting, experience practical difficulties and /or
unnecessary physical hardships which are inconsistent with the Ordinance's
intended purpose."
A Variance therefore, is intended to provide a mechanism whereby the Planning
Commission may grant relief from an applicable provision of the Municipal Code.
Front Yard Garage Setback Reduction
According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code,
staff believes the Variance request is appropriate. The side entry garage front yard setback
requirement primarily exists for small flat tract lots so as to ensure an adequate landscaped
area between the garage and street frontage. In this case, the finished garage floor will be
located approximately fifteen feet above the adjacent street grade with landscaped slopes
in between thereby serving to significantly reduce any aesthetic impacts associated with
the variance request. Given the existing topographic constraints onsite and the resulting
limited buildable area and existing fixed driveway design, the applicants cannot
accommodate the required front yard garage setback along the Sunnyslope Avenue
frontage and suffer a hardship not shared by properties in the immediate vicinity.
PC December 7, 2010 Item No. 2
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Variance No. 2010 -03 & Minor Design Review
December 7, 2010
Page 5 of 9
Rear Yard Slope Setback Reduction
According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code,
staff again believes the Variance request is appropriate. Given the existing unique
topographic constraints onsite and the resulting limited buildable area and existing fixed
driveway design, the applicants cannot accommodate the required Fifteen -foot wide slope
setback at the rear portion of the property. Moreover, the applicants again suffer a hardship
not shared by other properties in the immediate facility. The allowance for this variance
assumes that the main dwelling can indeed be engineered, designed and built in full
conformance with all applicable Building Codes in effect at the time of construction. The
variance has been conditioned so as to ensure full compliance with this requirement. If, for
whatever reason, all applicable Building Codes cannot be complied with, this specific
variance approval would become invalid.
MINOR DESIGN REVIEW
With the exception of the two separate variance requests, staff has determined that the
proposed single - family dwelling unit, as conditioned, complies with all other applicable
development standards indentified in the Lake Elsinore Municipal Code including, but not
limited to building height, lot coverage and the provision of onsite parking.
As of the drafting of this report, a signed Acknowledgement of Draft Conditions of Approval
had not been received from the applicant.
Water Availability /Fire Flow
The project site is located within the Elsinore Water District. The District has provided
correspondence indicating that adequate source, storage and distribution line capacities
currently exist to provide potable water to the site in sufficient quantities to satisfy the
domestic water service and fire protection requirements for the proposed use. Water mains
are currently installed and operable.
The District further indicates that a standard fire hydrant currently exists on Sunnyslope
Avenue in front of the property. It has been determined that the hydrant has a fire flow of
750 gallons per minute (GPM) at 20 pounds per square inch for a minimum two -hour
duration. In the event of a fire in the area, the system has been designed to activate pumps
located at the Amie reservoir. If the pressure system drops to 40 psi the pumps will be
activated giving a fire flow at the hydrant of 1,717 (GPM) at 20 psi.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), Section 15302 (Replacement
or Reconstruction Projects), staff has determined that the proposed project will not have a
significant affect on the environment as it involves the replacement of an existing single-
PC December 7, 2010 Item No. 2
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Variance No. 2010 -03 & Minor Design Review
December 7, 2010
Page 6 of 9
family residence on the same site as the original structure. In addition, the structure will
have the same purpose and capacity as the structure replaced.
RECOMMENDATION
a. Adopt Resolution No, PC-201 O- approving Variance No. 2010 -03 allowing for
relief from the minimum front yard garage setback and rear yard slope setback
based on the Findings, Exhibits, and proposed Conditions of Approval; and,
c. Adopt Resolution No. PC- 2010 - approving a Minor Design Review to construct a
two -story single - family residence along with associated onsite improvements based
on the Findings, Exhibits, and proposed Conditions of Approval.
Prepared By: Matthew C. Harris, +1(�
Senior Planner
Approved By: Robert A. Brad
City Manager
Attachments:
1.
Vicinity Map
2.
Planning Commission Resolutions
3.
Planning Commission Conditions of Approval
4.
CEQA Notice of Exemption
5.
81/2" x 11" Plan Reductions
Full Size Plans
PC December 7, 2010 Item No. 2
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VICINITY MAP
VARIANCE 2010 -03 & MINOR DESIGN REVIEW
RYAN SINGLE FAMILY RESIDENCE
APN 375 - 201 -035
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION
RESOLUTION NO. PC -2010-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2010 -03
TO VARY FROM BOTH FRONT YARD AND SLOPE SETBACKS IN
ASSOCIATION WITH THE CONSTRUCTION OF A SINGLE - FAMILY
RESIDENTIAL DWELLING
WHEREAS, Harvey and Kimberly Ryan, (the "Developer"), filed an application
with the City of Lake Elsinore requesting approval of Variance No. 2010 -03 ( "the
Variance "), in conjunction with a Minor Design Review ( "the Design ") to construct a
single - family residential dwelling; and
WHEREAS, through Variance No. 2010 -03 the Developer requests relief from
two separate associated development standards including a front yard setback
reduction for a garage and the elimination of a required slope setback in the rear portion
of the property; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and approving, conditionally approving, or
denying variances; and
WHEREAS, notice of the Project has been given, and the Planning Commission
has considered evidence presented by the Community Development Department and
other interested parties at a public hearing held with respect to this item on December 7,
2010.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Variance No. 2010 -03
for the single - family residence prior to making a decision and has found it acceptable.
SECTION 2. The Planning Commission hereby finds and determines that the
project 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 Class 2 categorical exemption for Replacement or Reconstruction Projects.
The Project involves the replacement of an existing single - family residence on the same
site as the original structure. In addition, the structure will have the same purpose and
capacity as the structure replaced.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Variance No.
2010 -03:
Adequate conditions and safeguards pursuant to LEMC 17.172.050 have
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-
PAGE 2 OF 4
been incorporated into the approval of the variance to ensure development of the
property in accord with the objectives of the General Plan and the purpose of the
planning district in which the site is located.
The proposed front yard garage setback reduction and the elimination of the slope
setback in the rear portion of the property both comply with the goals and objectives
of the General Plan, Future Specific Plan Area -J and the Lake Elsinore Municipal
Code in that the approval of both setback reductions will assist in achieving the
development of a well- balanced and functional mix of land uses as well as
encouraging a broad range of housing types for all income groups and age
categories. Further, adequate conditions and safeguards pursuant to Section
17.172.050 of the Lake Elsinore Municipal Code (LEMC), have been incorporated in
the approval of the variances to insure development of the property in accord with
the objectives of the planning district in which the site is located.
2. There are special circumstances, pursuant to the purpose of this Chapter,
applicable to the subject property which do not apply generally to other properties in the
neighborhood, and, therefore, granting of the Variance shall not constitute a grant of
special privilege inconsistent with the limitations upon other properties in the vicinity and
district in which the subject property is located.
The subject property has been compromised by significant topographic constraints
resulting in a long and narrow buildable area. Moreover, an existing fixed driveway
location also serves to mandate the location of a garage on the property. Therefore,
special circumstances do indeed exist. Moreover, it has been determined that these
same circumstances do not exist on other properties in the vicinity. Thus, the front
yard garage setback reduction and the elimination of the slope setback in the rear
portion of the property will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and district in which the
subject property is located. In addition, the allowance for the two setback variances
will result in additional site area around the building perimeter allowing for adequate
vehicle circulation onsite and a useable level yard area.
3. In approving the variance, any reductions authorized from the strict
interpretation of the zoning ordinance represents the minimum deviation from this code
necessary to fulfill the purpose of this chapter and enable reasonable development of
the property.
In granting both the front yard garage setback reduction and the elimination of
the slope setback in the rear portion of the property, the City has determined that
the variances will represent the minimum deviations from the Code necessary to
fulfill the purpose of this Chapter and enable reasonable development of the
property.
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-_
PAGE 3OF4
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution, the Planning Commission hereby
approves Variance No. 2010 -03.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of December, 2010.
John Gonzales, Chairman
City of Lake Elsinore
ATTEST:
Robert A. Brady
City Manager
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-_
PAGE 4OF4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Robert A. Brady, City Manger of the
certify that Resolution No. PC -2010- — was
the City of Lake Elsinore at a regular meeting
and that the same was adopted by the following
City of Lake Elsinore, California, hereby
adopted by the Planning Commission of
held on the 7th day of December 2010,
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert A. Brady
City Manager
PC December 7, 2010 Item No. 2
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RESOLUTION NO. 2010-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR
DESIGN REVIEW FOR ONE (1) SINGLE- FAMILY DWELLING
UNIT
WHEREAS, Harvey and Kimberly Ryan, have filed an application with the City of
Lake Elsinore requesting approval of a Minor Design Review for one (1) conventionally
built two -story detached single - family dwelling unit with an attached two (2) car garage
on property located at 17561 Sunnyslope Avenue (APN: 375 - 201 -035 (the "Project');
and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of considering and approving, conditionally approving,
or denying Minor Design Review requests for residential projects; and
WHEREAS, public notice of the Project has been given and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on December 7, 2010.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed design for
the Project and has found it acceptable. The Planning Commission finds and
determines that the Project is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission finds and determines that the Project is
categorically exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et
seq.) pursuant to a class 2 exemption for Replacement or Reconstruction Projects (14
C.C.R. § 15302) because the Project involves the replacement of an existing single -
family residence on the same site as the original structure. In addition, the structure will
have the same purpose and capacity as the structure replaced.
SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter
17.184, the Planning Commission makes the following findings for the approval of the
Project:
The Project, as approved, will comply with the goals and objectives of the
intended General Plan and the Zoning District in which the Project will be
located.
The Project complies with the goals and objectives of General Plan designation
Specific Plan J (Country Club heights No. 1) as well as the R -1 (Single- Family
Residential) Zoning District. General Plan designation Specific Plan J is intended
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-
PAGE 2OF4
to provide a wide range of housing densities and some limited commercial and
industrial uses. Furthermore, Table 111 -5 (General Plan/Zoning Compatibility
Matrix) within the General Plan identifies that the General Plan designation
Future Specific Plan J (Country Club Heights No. 1) is compatible with the R -1
(Single- Family Residential) Zoning District. In addition, the Future Specific Plan
J General Plan designation mandates that the average residential density will be
six (6) dwelling units to the acre. By proposing one (1) single- family residence
with attached garage, the Project located at 17561 Sunnyslope Avenue will cover
approximately ten percent (10%) of the net lot area respectively and is in
compliance with the goals and objectives of the Future Specific Plan J
designation of the General Plan, R -1 (Single - Family Residential) Zoning District,
and the General Plan/Zoning Compatibility Matrix.
Approval of this Project will assist in achieving the development of a well
balanced and functional mix of residential, limited commercial, limited industrial,
open space, recreational and institutional land uses by providing additional
housing within the R -1 (Single Family Residential) Zoning District of the Lake
Elsinore Municipal Code. The Project also encourages the development and
maintenance of a broad range of housing types for all income groups and age
categories. Finally, the Project, which incorporates elements of "Mediterranean"
style architecture, will provide a well rounded design while maintaining the
desirable rural characteristics and base framework to achieve quality and
compatibility in the physical design of the developing portions of the City.
Overall, the Project will enhance the existing developed areas within General
Plan designation Future Specific Plan J and Zoning Designation R -1 (Single -
Family Residential) of the Lake Elsinore Municipal Code.
2. The Project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The Project located at 17561 Sunnyslope Avenue is appropriate to the site and
surrounding developments in that the proposed single - family dwelling unit has
provided: sufficient setbacks; front yard landscaping, and, safe and sufficient on-
site vehicular circulation.
In addition, subject to approved Variance No. 2010 -03, the Project complies with
all setback, height, and lot coverage requirements as outlined in the R -1 (Single -
Family Residential) Zoning District of the Lake Elsinore Municipal Code.
Further, the Project as proposed will complement the quality of existing projects
in that the applicant is providing elements of "Mediterranean" style architecture
which includes: 360 - degree architecture articulation pursuant to the "General
Plan, Community Design Element Design Guidelines'; decorative style window
surrounds with divided window lites; decorative entry doors with windows, coach
lights, and "S" tile or concrete tile roofs.
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-_
PAGE 3 OF 4
Subject to the attached conditions of approval, the Project is not anticipated to
result in any significant adverse environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines 15302,
the Project located at 17561 Sunnyslope Avenue is exempt from environmental
review because it involves the replacement of an existing single- family residence
on the same site as the original structure. In addition, the structure will have the
same purpose and capacity as the structure replaced. Therefore, no further
environmental analysis is required. Notwithstanding the foregoing, however, the
attached conditions of approval incorporate design features into the Project
which suggest that the Project will not have a significant effect on the
environment.
4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the Project to ensure development of the
property in accordance with the objectives of Chapter 17.184.
Pursuant to Lake Elsinore Municipal Code Section 17.82.050, the Project has
been scheduled for consideration and action of the Planning Commission. The
Project has also been conditioned to comply with all aspects of the Lake Elsinore
Municipal Code. The project shall meet all required setbacks and development
standards pursuant to the R -1 (Single - Family Residential) of the Lake Elsinore
Municipal Code (LEMC).
SECTION 4. Based upon the evidence presented, the above findings, and the
conditions of approval, the Planning Commission hereby approves the Minor Design
Review application.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of December 2010.
John Gonzales, Chairman
City of Lake Elsinore
ATTEST:
Robert A. Brady
City Manager
PC December 7, 2010 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2010-
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, ROBERT A. BRADY, City Manger of the City of Lake Elsinore, California,
hereby certify that Resolution No. PC - 2010 - was adopted by the Planning
Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of
December 2010, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
.e . ,
Robert A. Brady
City Manager
PC December 7, 2010 Item No. 2
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PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning Variance 2010 -03 and the Minor
Design Review.
2. The Applicant shall submit a check in the amount of $64.00 made payable to the
County of Riverside for a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of project approval.
3. All Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check. All Conditions of
Approval shall be met prior to the issuance of a Certificate of Occupancy.
4. Prior to issuance of any grading or building permits, the Applicant shall sign and
complete an "Acknowledgement of Conditions," and shall return the executed
original to the Community Development Department for inclusion in the case
records.
5. The decision of the Planning Commission shall be final fifteen (15) calendar days
from the date of the decision, unless an appeal has been filed with the City Council
pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code.
6. If the project proposes an outdoor storage tank, the applicant shall locate the unit
within the side or rear yards. If location must be within the front yard, the applicant
shall provide a method of screening subject to the review and approval of the
Director of Community Development or his designee.
VARIANCE
7. Any alteration or expansion of a project for which this Variance was approved shall
comply with all current Code provisions and regulations. An application for
modification or other change in the conditions of approval of the Variance shall be
reviewed according to the provisions of Chapter 17.172 in a similar manner as a new
PC December 7, 2010 Item No. 2
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application.
8. It shall be demonstrated, to the satisfaction of the City Building and Safety Official,
that the proposed main dwelling can be engineered, and designed so as to be
located adjacent to the top of the existing significant slope at the rear portion of the
property in full conformance with all applicable California Building Code (Chapter
18.05.A.3.2) provisions in effect at the time of construction. Failure to demonstrate
such compliance shall serve to invalidate the approved variance for the slope
setback reduction.
9. Variance No. 2010 -03 shall lapse and become void two (2) years following the date
on which the Variance became effective unless prior to the expiration of two (2)
years, a Building Permit related to the variance is issued and construction
commenced and diligently pursued toward completion.
10. Notwithstanding conditions to the contrary, the two Variances granted herein
pursuant to the provisions of this section shall run with the land and shall continue to
be valid upon a change of ownership of the parcels which were the subject of the
Variance application.
MINOR DESIGN REVIEW
11. The Minor Design Review will expire two (2) years from the date of approval unless,
within that period of time, a building permit is issued and construction commenced
and diligently pursued toward completion, or an extension of time is granted by the
City of Lake Elsinore.
12. Prior to the issuance of any building permit for the Project, Developer shall enter into
an agreement with the City and the Redevelopment Agency of the City of Lake
Elsinore to provide (a) 15% of the units constructed in the Project as affordable
housing units in accordance with the requirements of Section 33413(b)(2) of the
California Community Redevelopment Law (Health & Safety Code Sections 33000 et
seq.), or (b) an alternative equivalent action as determined by the City which may
include (without limitation) dedication of vacant land, construction of affordable units
on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of
assessable space for each dwelling unit in the Project. For purposes of this
condition, "assessable space" means all of the square footage within the perimeter
of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, detached accessory structure, or similar area. The amount of
the square footage within the perimeter of a residential structure shall be calculated
by the building department of the City in accordance with the standard practice of
the City in calculating structural perimeters.
13.All site improvements shall be constructed as indicated on the approved site plan
and elevations, with revisions as noted herein. Any other revisions to the approved
PC December 7, 2010 Item No. 2
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site plan or building elevations shall be subject to the review of the Community
Development Director or his designee. All plans submitted for Building Division Plan
Check shall conform to the submitted plans as modified by Conditions of Approval.
14.All Materials and colors depicted on the plans and materials board shall be used
unless modified by the applicant and approved by the Community Development
Director or designee.
15.All windows shall use decorative precast headers and sills as shown on the building
elevations.
16.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the
construction plans.
17.The maximum height of the chimney structure, including cap, shall not exceed the
30 -foot maximum building height limit.
18.The Applicant is to meet all applicable City Codes and Ordinances
19.A cash bond of $1,000.00 shall be required for any construction trailers placed on
the site and used during construction. Bonds will be released after removal of trailers
and restoration of the site to an acceptable state, subject to the approval of the
Community Development Director or designee.
20.The Applicant shall comply with the City's Noise Ordinance. Construction activity
shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no
construction activity shall occur on Saturdays, Sundays or legal holidays.
21.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity and a statement
that complaints regarding the operation can be lodged with the City of Lake Elsinore
Code Enforcement Division (951) 674 -3124. The sign shall be placed on the
property prior to the issuance of a grading permit.
22.The Applicant shall comply with all requirements of the City's Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
provisions of Municipal Code, Chapter 15.72 and using accepted control techniques.
Interim erosion control measures shall be provided thirty (30) days after the site's
rough grading, as approved by the City Engineer.
23.Any exterior air conditioning or other mechanical equipment shall be ground
mounted and screened so that they are not visible from neighboring property or
public streets. Air conditioning units and related equipment may not encroach more
than two -feet (2') into the required minimum side yard setback.
PC December 7, 2010 Item No. 2
Page 18 of 35
24. Garages shall be constructed to provide a minimum interior clear space of twenty
feet (20') x twenty feet (20') for two cars.
25.The Applicant shall plant street trees, selected from the City Street Tree List, a
maximum of thirty feet (30') apart along all street frontages. All street trees shall be
24 %box in size. Planting is subject to the approval of the Community Development
Director or designee prior to issuance of a Certificate of Occupancy.
26.The Applicant shall provide shrubs and plant materials as shown on the landscape
plan. Any changes to this plan shall be subject to the approval of the Community
Development Director or designee. The landscape plan improvements and plantings
shall be fully installed prior to issuance of a Certificate of Occupancy.
27.Any planting within fifteen feet (15') of ingress /egress points shall be no higher than
Winches.
28.The Applicant shall provide an irrigation system for landscaped areas onsite as
shown on the landscape plans. The irrigation system shall be fully installed and
operational prior to the issuance of a Certificate of Occupancy.
29.The Applicant shall install a rain sensor in association with the irrigation system. The
rain censor shall be installed prior to the issuance of a Certificate of Occupancy.
30.AII exposed slopes in excess of three feet (3') in height shall have permanent
irrigation system and erosion control vegetation installed, as approved by the City's
Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved.
Planting and irrigation shall be installed prior to the issuance of a Certificate of
Occupancy. Fees are required for review of plans and inspections.
31.Driveways shall be constructed of concrete per Building and Safety Division
standards.
32. All walls or fences located in any front yard shall not exceed thirty -six inches (36 ") in
height with the exception that wrought -iron fences may be five feet (5') in height.
Chain link fences shall be prohibited.
33.AII exposed retaining walls visible from any public right -of -way shall utilize split -face
block or stucco to match the proposed dwelling unit. Plain precision block is not
permitted.
34.As applicable, the Applicant shall construct the City's Standard six foot (6) wood
fence along the sides and rear property line. Where views exist, the applicant shall
have the option of constructing a tubular steel fence. The applicant shall be required
to remove and replace any existing chain link fencing and any fencing that is in poor
condition. It will be the responsibility of the applicant to contact the effected
PC December 7, 2010 Item No. 2
Page 19 of 35
neighboring property owners. If the existing fencing is in good condition, this
requirement may be waived per the approval of the Community Development
Director or Designee.
35. The building address shall be a minimum of four inches (4 ") high and shall be easily
visible from the public right -of -way. Care shall be taken to select colors and
materials that contrast with building walls or trim. Installation of building address
shall be completed prior to issuance of a Certificate of Occupancy.
36. The Applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent
to the dwelling unit. The storage pad for trash barrels shall be concealed from public
view.
37.The Applicant shall provide assurance that all required fees to the Lake Elsinore
Unified School District have been paid prior to issuance of building permits.
38.The Applicant shall pay park -in -lieu fees in effect at issuance of building permits.
39.The Applicant shall meet all Conditions of Approval prior to the issuance of a
Certificate of Occupancy.
40.The Applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP)
Local Development Mitigation Fee (fee for density less than 8 du /ac) at issuance of
building permits.
41.The Applicant shall pay all applicable Library Capital Improvement Fund fees at
issuance of building permit.
42. The applicant/property owner shall comply with all Riverside County Environmental
Health Department regulations and requirements in association with the onsite
private septic system.
ENGINEERING DIVISION
GENERAL
43.AII grading shall be done under the supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2 to 1 for stability and proper erosion control.
44.All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards and hydrology manual.
45. On-site drainage including all natural drainage traversing the site (historic flow) shall
be conveyed through the site to one or a combination of the following: to a public
facility, accepted by adjacent property owners by a recorded letter of drainage
PC December 7, 2010 Item No. 2
Page 20 of 35
acceptance or collected and conveyed by a method approved by the City Engineer
to a drainage easement.
46. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on
site and /or out on the roadway or alley shall be the responsibility of the property
owner or his agent. Overhead utilities (12 KV or lower) shall be under grounded.
47. In accordance with the City's Franchise Agreement for waste disposal & recycling,
the applicant shall be required to contract with CR &R Inc. for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
48. No structures, landscaping, or equipment shall be located near the project entrances
that compromise sight distance requirements.
49. Provide soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls.
50. Prior to demolition of existing structures, applicant shall submit to Engineering
Division a haul route plan for City approval.
FEES:
51. Pay all Engineering Division assessed Capital Improvement, Plan Check and Permit
fees (LEMC 16.34). Project, at this writing, is not subject to TUMF, TIF, K -Rat and
Area Drainage. Fees are subject to the rate and ordinances in effect at time of
payment.
STORM WATER MANAGEMENT / POLLUTION PREVENTION
52.The applicant shall comply with City of Lake Elsinore ordinances for storm water
management and discharge control. In accordance with state and federal law, these
local storm water ordinances prohibit the discharge of waste into storm drain system
or local surface waters. This includes non -storm water discharges containing oil,
grease, detergents, trash, or their waste remains. Brochures of "Storm Water
Pollution, What You Should Know" describing preventive measures are available at
City Hall.
53.The applicant shall ensure compliance with the current National Pollutant Discharge
Elimination System (NPDES) General Construction Permit, Municipal Separate
Storm Sewer System (MS4) Permit and Riverside County Drainage Area
Management Plan (DAMP). Compliance may require a Storm Water Pollution
Prevention Plan (SWPPP) for construction, Water Quality Management Plan
(WQMP) for post construction, and low impact development measures.
PC December 7, 2010 Item No. 2
Page 21 of 35
54. Install and maintain a stabilized construction entrance / exit access point to reduce /
eliminate tracking off site onto Sunnyslope Drive,
IMPROVEMENTS:
55. Work done under an encroachment permit for off -site improvements shall be
delineated on the precise grading plans and approved and signed by the City
Engineer prior to issuance of building permits.
56. Provide public street lighting in accordance with City Standards.
57.A California Registered Civil Engineer shall prepare the improvement plans required
for this project. Improvements shall be designed and constructed to City of Lake
Elsinore Standard Plans and City Codes (LEMC 12.04 and 16.34)
58. If the existing street improvements are to be modified, the existing street plans on
file shall be modified accordingly and approved by the City Engineer prior to
issuance of building permit.
59.An encroachment permit is required for all work to be done in the public right -of -way.
Applicant shall submit the permit application, required fees, security, and documents
prior to issuance.
PRIOR TO GRADING PERMIT
60.A grading plan signed and stamped by a California Registered Civil Engineer shall
be submitted for City review and approval if the addition and /or movement of soil
(grading) on the site modifies the existing flow patterns and /or topography as
determined by the City Engineer.
61. Grading plan submittal shall include supporting documentation as identified on the
plan check submittal checklist. Reports shall be prepared by a Registered Civil
Engineer.
62. Grading plan shall include separate sheets for sediment and erosion control, traffic
control and haul route.
63. Hydrology and Hydraulic Reports shall be submitted for review and approval by City
Engineer as necessary for plan approval.
64. Developer shall mitigate any flooding and /or erosion downstream caused by
development of the site and /or diversion of drainage.
65. The applicant shall obtain and provide to the City a letter of non - interference from
Southern California Edison.
PC December 7, 2010 Item No. 2
Page 22 of 35
66. The applicant shall obtain all necessary off -site easements and /or permits for off -site
grading and /or drainage acceptance from the adjacent property owners prior to
grading permit issuance.
67.Applicant shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of Grading Permit issuance.
68. Prior to issuance of a Grading Permit, applicant to provide the City for review and
approval a plan of all proposed haul routes to be used for movement of import or
export material. Export sites located within the Lake Elsinore City limits must have
an active grading permit.
69. If applicable, approval of the project Water Quality Management Plan (WQMP) for
post construction which describes BMP that will be implemented for the
development and including maintenance responsibilities shall be received prior to
issuance of a grading permit.
70.Applicant shall pay all applicable grading permit and development fees.
PRIOR TO BUILDING PERMIT
71.All Public Works requirements shall be complied with as a condition of development
as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit.
72. Public right -of -way dedications and easement shall be prepared by the applicant or
his agent. Deeds shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
PRIOR TO OCCUPANCY /FINAL APPROVAL:
73.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8'/2 x 11" mylar) shall be submitted to the Engineering Division before
final inspection will be scheduled.
74. Provide final soils report showing compliance with recommendations prior to
occupancy.
75. Pay all fees and meet requirements for construction of off -site public works
improvements (LEMC12.08, Res.83 -78).
76.All street improvements shall be completed in accordance with approved plans or as
a condition of development to the satisfaction of the City Engineer.
PC December 7, 2010 Item No. 2
Page 23 of 35
77.AII required easements, dedications, or vacation as conditions of this development
shall be approved and recorded, with a recorded copy provided to the City.
78.Water and sewer improvements shall be completed in accordance with Water
District Requirements.
79.AII outstanding fees, to include processing, permit and development impact, shall be
paid.
80.All approved plans shall be as- built. As -plans shall be submitted for review and
approval by the City. The applicant/developer /owner is responsible for revising
mylar plans.
81. Digital (.tif) copy on compact disc of all completed /as built grading and improvement
plan and final reports (soil, hydrology, SWPPP, WQMP, etc.) shall be provided.
82. Provide on compact disc GIS Shape files of all as built street and storm drain plans.
'ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane
California Zone VI U.S. Fleet.
End of Conditions
PC December 7, 2010 Item No. 2
Page 24 of 35
CITY OF
' Notice of Exemption
LADE LSIROU
-� ` DREAM EXTREME.
Filed With: ❑ Office of Planning and Research ❑X County Clerk of Riverside County
1400 Tenth Street, Room 121 2724 Gateway Drive
Sacramento, CA 95814 Riverside, CA 92507
Project Title: Variance No. 2010 -03 and Minor Design Review: 'Ryan Residence ".
Project Location (Specific): The proposed project site is located at 17561 Sunnyslope Avenue (APN: 375-
201 -035).
Project Location (City): City of Lake Elsinore Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
The applicant is requesting to deviate from front yard and rear yard slope setback requirements and to
construct a two -story single - family dwelling in the Single - Family Residential (R -1) zoning district.
Project review is pursuant to Chapters 17.122 (Variances), 17.184 (Design Review), and 17.76 (Single - Family
Residential R -1) of the Lake Elsinore Municipal Code (LEMC).
Name of Public Agency Approving Project: City of Lake Elsinore
Name of Person / Agency Administrating Project: Matthew C. Harris, Senior Planner, City of Lake Elsinore
Exempt Status:
• Ministerial (Section 15073)
• Declared Emergency (Section 15071 (a))
❑ Emergency Project (Section 15071 (b) and (c))
❑O Categorical Exemption (state type and section number): Class 2 (Replacement or Reconstruction
Project)
Reasons why project is exempt:
The new structure will be located on the same site as the structure replaced and will have substantially the
same purpose and capacity.
Contact Person: Matthew C. Harris, Senior Planner
Signed:
Robert A. Brady
Telephone Number: (951) 674 -3124 x 279
Title: City Manager
PC December 7, 2010 Item No. 2
Page 25 of 35
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