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HomeMy WebLinkAboutItem No.23CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: SEPTEMBER 28 1993 SUBJECT: APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL NO. 24 FOR 'R 89 -17 AMENDMENT NO. 2 (LEWIS HONES OF CALIFORNIA) THE SUBJECT SITE IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ROBB ROAD AND MOUNTAIN STREET BACKGROUND On August 18, 1993, the Planning Commission approved Design Review of Residential Project No. 89 -17, Amendment No. 2 for approved Tract Map No. 19750. The design review approved four (4) model homes to be constructed on approximately 89 lots. (staff report, conditions of approval, and minutes attached) Section 17.14.130.D.1 (Fencing) of the Lake Elsinore Municipal Code (LEMC) states that in new subdivisions or developments of four (4) or more units a solid block wall a minimum of six (6') feet in height shall be provided along side and rear lot lines of less than twelve thousand (12,000) square feet in area to provide privacy and screening. Consequently, Condition of Approval No. 24 for the above design review project required that the tract comply with the referenced fencing requirements. A graphic representation of the above referenced Code section and Condition of Approval No. 24 is illustrated in Exhibit "B ". DISCUSSION In the past and prior to the amendment of Section 17.14.130.D.5 of the LEMC (Ordinance 962), the Planning Commission was able to waive fencing requirements or approve alternative materials such as wood. The Planning Commission allowed wood fencing in lieu of decorative block walls in areas not directly adjacent to the public right -of- way as illustrated in Exhibit "A ". The recent LEMC amendment restricted the Planning Commission from allowing fencing options illustrated in Exhibit "A ". Consequently, according to the amended Section 17.14.130.D.5, only the City Council can approve alternative materials or waive fencing requirements. Due to their concern regarding the higher construction cost for building block walls, the applicant is requesting that the City Council grant certain waivers to allow wood fencing in areas that may not be visible from public right -of -way as illustrated and proposed in Exhibit "C ". Unfortunately, due to the terrain and topographical conditions, the subject subdivision has been graded in such a way that it exposes some interior lots therefore potentially exposing rear and side lot line fencing to the public right -of -way. The graded pad elevations substantially differ to the point where even after a house is built, it would not screen the future fence. Due to the topographical conditions of the subject tract in which interior side and rear lot lines may be visible from the public right -of -way therefore potentially exposing fencing, staff recommends pursuant to the intent of the recent Code amendment that the City Council uphold Planning Commission Condition of Approval No. 24. AGENDA ITEM NO. PAGE . dF 3