Loading...
HomeMy WebLinkAboutPC Reso No 2013-70RESOLUTION NO. 2013 -70 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A 2,171 SQUARE FOOT SINGLE - FAMILY RESIDENCE WITH AN ATTACHED 571 SQUARE FOOT TWO -CAR GARAGE LOCATED ON THE NORTH SIDE OF WEST POTTERY STREET. (APN: 374 - 025 -012) WHEREAS, Mr. Manuel Gomez/Alonsojeda Investments, filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for construction of a single - family residence ( "the Project "); and WHEREAS, the Developer proposes the Project on a 6,401 square foot vacant lot located on the north side of Pottery Street between Silver Street and Mohr Street, also known as Assessor's Parcel No.'s 374 - 025 -012 ( "Site "); and WHEREAS, the Developer proposes a 2,171 square -foot single family residential development and associated improvements related to lot coverage, architectural design, parking, and landscape; and WHEREAS, pursuant to Section 17.184.110 of the Lake Elsinore Municipal Code (LEMC) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for single - family attached dwellings; and WHEREAS, on August 20, 2013 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. The Planning Commission has considered the Minor Design Review and finds that it is consistent with the City's Low Density Residential Development standards and that it satisfies all requirements set forth in Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 32 categorical exemption for in -fill development projects. Specifically, the Planning Commission finds that the Project: PLANNING COMMISSION RESOLUTION NO. 2013 -70 PAGE 2 OF 5 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site currently consists of an undeveloped vacant site area and has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. 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 the approval of the proposed Minor Design Review: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The approval of this residential development 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 affordable housing within the City of Lake Elsinore, as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. It should be noted that the proposed dwelling which incorporates a "Bungalow" 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, and serves to enhance the existing developed areas within the General Plan designation High Density (MD). 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the industrial shell building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas PLANNING COMMISSION RESOLUTION NO. 2013 -70 PAGE 3 OF 5 as a person moves along abutting streets and within the development. In addition, safe and efficient circulation has been achieved onsite. The proposed Residential Design Review is appropriate to the site and surrounding developments in that the single - family residential project has provided; a twenty foot (20) front yard setback, private open spaces; sufficient front and rear yard landscaping and safe and sufficient on -site vehicular circulation. Further, the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the applicant is providing a "Bungalow" architecture which includes; 360 - degree architectural articulation pursuant to the "Historic Elsinore Design Guidelines ", such as, tile roof material, smooth stucco walls, second story balconies, wood railing and decorative columns, and wood doors. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.184 of the Municipal 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 Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on August 20, 2013. The Applicant shall meet all required setbacks and development standards pursuant to the Low Density development standards as mandated in the "Historic Elsinore Overlay District", which outlines all development in the Historic Elsinore Design Guidelines. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby recommends approval of the proposed Minor Design Review. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2013 -70 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED this 20th day of August 2013. �vi[� d Blake, Chairman City of Lake Elsinore ATTEST: ' -,% Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -70 PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -70 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20th day of August, 2013 and that the same was adopted by the following vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE G ► ►@►_ iii ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL MINOR DESIGN REVIEW FOR A 2,171 SQUARE FOOT SINGLE - FAMILY RESIDENCE WITH AN ATTACHED 571 SQUARE FOOT TWO -CAR GARAGE LOCATED ON THE NORTH SIDE OF POTTERY STREET. (APN 374 - 025 -012) PLANNING DIVISION 1. The proposed project (Minor Design Review) consists of a new two -story 2,171 square foot single - family residence with an attached 571 square foot two -car garage located on the north side of Pottery Street between Silver Street and Mohr Street (APN 374 -025- 012). 2. 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 the project attached hereto. 3. The subject Minor Design Review approval will lapse and be void unless a building permit is issued within two (2) years of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Minor Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date 4. The decision of the Planning Commission shall be final fifteen (15) 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. GENERAL CONDITIONS 5. Within 30 days of project approval, 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. 6. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. 7. Prior to the issuance of a building permit, the applicant shall obtain and submit a Service Commitment ( "will serve ") Letter from the Elsinore Valley Municipal Water District to the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. It shall be within the Director of Community Development's sole Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 2 of 8 discretion to determine whether the "will serve" letter is sufficient. 8. 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 and release of utilities. 9. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required development standards as set forth in the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved 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 the conditions of approval. 10.All materials and colors depicted on Sheet A -2 (Elevations Sections, Details & Notes) of the approved plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 11.The Applicant shall comply with all applicable City codes and ordinances. 12.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 a state acceptable to and approved by the Community Development Director or his designee. 13.The Applicant shall comply with the City's Noise Ordinance (Chapter 17.176 of the Lake Elsinore Municipal Code). Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 14.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so as to be invisible 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. 15.Garages or carports shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 16.The Applicant shall plant street trees, selected from the City Street Tree List, a maximum of thirty feet (30') apart along all street frontages. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 3 of 8 17. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to the landscape 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. 18.Any planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). 19.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. 20. Driveways shall be constructed of concrete per Building and Safety Division standards. 21.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. 22.All walls and /or fencing need to be located off the property line. If the Applicant proposes to place any walls and /or fencing on the property line he /she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to installing the fence. 23.The Applicant shall construct a six foot (6) wood fence along the side and rear property lines, as required by Section 17.44.130(D)(2) of the Lake Elsinore Municipal Code. 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 shall be the responsibility of the applicant to contact the affected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived by the Community Development Director or his designee. 24.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. 25.The Applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 26.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. Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 4 of 8 27. Prior to issuance of a building permit, the Applicant shall pay park -in -lieu fees at the rate in effect at the time that the applicant requests the building permit. 28.The Applicant shall satisfy all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 29.The Applicant shall pay the Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du /ac) prior to obtaining building permits. 30. The Applicant shall pay all applicable Library Capital Improvement Fund fees. 31. 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 installed prior to the issuance of a grading permit. BUILDING DEPARTMENT PRIOR TO BUILDING PERMITS 32. All construction plans must be in accordance with the 2010 building codes. However, if the building permits are not obtained prior to January 1, 2014. The plans must be resubmitted to meet the 2013 Building Codes. 33. Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 34. Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 35. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 36.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., 8:00 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. Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 5 of 8 ENGINEERING DIVISION GENERAL CONDITIONS 37.All slopes and landscaping within public right -of -way shall be maintained by the property owner. 38.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 acceptance or collected and conveyed by a method approved by the City Engineer to a drainage easement. 39.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. 40. 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. 41.Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls. FEES: 42. Pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Project is 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 43.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. 44. Install and maintain a stabilized construction entrance / exit access point to reduce / eliminate tracking off site onto Pottery Street. Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 6 of 8 IMPROVEMENTS: 45.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. 46. 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. 47.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) 48.The street improvements shall include sidewalk, curb and gutter, and a residential driveway approach. Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 49.The existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 50.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 51. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 52.Dedicate additional right -of -way on Pottery Street such that the centerline to property line is 34 feet. PRIOR TO GRADING PERMIT 53.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. Grading plan submittal shall include supporting documentation as identified on the plan check submittal checklist. Reports shall be prepared by a Registered Civil Engineer. 54.Grading plan shall include separate sheets for sediment and erosion control, traffic control and haul route. 55.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 7 of 8 56. Hydrology and Hydraulic Reports shall be submitted for review and approval by City Engineer for plan approval. 57. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. The site plan or grading plan shall show natural drainage conveyed through the site, or collected and conveyed by a method approved by the City Engineer. 58.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. 59.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of Grading Permit issuance. 60. 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. 61I.Applicant shall pay all applicable grading permit and development fees. 62.The applicant shall obtain and provide to the City a letter of non - interference from Southern California Edison. PRIOR TO BUILDING PERMIT 63.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. 64. 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: 65.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. 66. Provide final soils report showing compliance with recommendations prior to occupancy. 67. Pay all fees and meet requirements for construction of off -site public works Minor Design Review (APN 374 - 025 -012) Conditions of Approval Page 8 of 8 improvements (LEMC12.08, Res.83 -78). 68.All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 69.All required easement and dedications as conditions of this development shall be approved and recorded, with a recorded copy provided to the City. 70.All outstanding fees, to include processing, permit and development impact, shall be paid. 71.All approved plans shall be as- built. As -built plans shall be submitted for review and approval by the City. The applicant/developer /owner is responsible for revising mylar plans. 72. Digital (.tif) copy on compact disc of all completed /as built grading and improvement plan and final reports (soil, hydrology, etc.) shall be provided. 73. 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. FIRE DEPARTMENT GENERAL CONDITIONS 74.The applicant shall obtain an address from the Building Department and have it posted at all times during and post construction in accordance with the 2010 California Fire Code and the Lake Elsinore Municipal Code. 75.The construction plans must provide notes that state that the structure will be fitted with fire sprinklers in accordance with The California Residential Code. 76.The site plan must provide details for fire department roadway vehicular access in accordance with Informational Bulletin 06 -06. 77. Please provide a letter from the local water purveyor that states the Fire flow at the most adjacent fire hydrant. The letter shall include a site map with APN, water main size, location, of hydrant, and location of proposed residence. (Note: Water storage tanks will not be approved if a public water purveyor has water mains that may be utilized)