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HomeMy WebLinkAboutPC Reso No 2009-13 n n n RESOLUTION NO. 2009-13 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENITIAL DUPLEX AT 132 E. SUMNER AVENUE (APN: 373-025-001). WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Joel Dangla Cruz, requesting approval of a Minor Design Review for a residential duplex on property located on the south-west corner of Sumner Avenue and Ellis Street, Pursuant to the HistoricElsinore Design Guidelines, Chapter 17.184 (Design Review), Chapter 17.14 (Residential Development Standards), and Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC); and; WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for residential duplex projects; and WHEREAS, public notice of said application 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 February 17th, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and finds that it is consistent with HD, High Density Residential development standards and citywide parking requirements as set forth in the Lake Elsinore Municipal Code ("LEMC"). SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.CR SS 15000 et seq.) pursuant to class 3(b) exemption for new construction or conversion of small structures because the Project involves construction of up to four dwelling units and no more than six in urbanized areas. (See 14 C.C.R. S 15303(b)). SECTION 3. That in accordance with LEMC Chapter 17.184, the Planning Commission makes the following findings for the approval of the Project: 1. 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 proposed Residential Design Review for a proposed duplex located at 132 E. Sumner Avenue, complies with the goals and objectives of the General Plan High Density (HD) designation. General Plan High Density (HD) is intended for a wide range of residential development types including attached and detached single-family units at the lower end of the range and multiple family units at the higher end of the density range. In addition, the High Density General Plan n n n RESOLUTION NO. 2009- PAGE 2 OF 4 designation permits a maximum density of twenty-four (24) dwelling units per acre. The proposed project is in compliance with the High Density (HD) requirements by proposing a residential duplex for the entire existing lot. 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 unit located at 132 E. Sumner Avenue, which incorporates "Spanish Eclectic" 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 Historic Elsinore Architectural Design Guidelines and all other applicable provisions of the Municipal Code. The proposed Residential Design Review at 132 E. Sumner Avenue is appropriate to the site and surrounding developments in that the duplex project has provided; a twenty foot (20J 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 "Spanish Eclectic" architecture which includes; 360-degree architectural articulation pursuant to the "Historic Elsinore Design Guidelines", such as, concrete tile roof material, smooth stucco walls, second story balconies, wood railing and decorative columns, exposed rafter tails, wood doors, and exterior light fixtures. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review to be located at 132 E. Sumner Avenue as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (b), Class 3; (New Construction or Conversion of Small Structures); therefore, no further environmental review is required pursuant to CEQA. 4. Conditions and safeguards pursuant to Chapter 17.184; of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184; (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has In n n RESOLUTION NO. 2009- PAGE 3 OF 4 been scheduled for consideration and approval of the Planning Commission. The Applicant shall meet all required setbacks and development standards pursuant to the Medium Density development standards as mandated in the "Historic Elsinore Overlay District"; which outlines all development in the Historic Elsinore Design Guidelines. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED. APPROVED AND ADOPTED 00 th;, 17"." :J~:Jji Axel ane., airman City of Lake Elsinore ATTEST: tL--~- Tom Weiner Acting Director of Community Development n n n RESOLUTION NO. 2009- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-13 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1ih day of February 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES, COMMISSIONER'S JOHN GONZALES, PHIL MENDOZA AND MICHAEL O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE ~\D. Tom Weiner Acting Director of Community Development n n II I I ~--- CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: APPROVING A MINOR DESIGN REVIEW FOR A RESIDENITIAL DUPLEX AT 132 E. SUMNER AVENUE (APN: 373-025-001). 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 the Minor Design Review project attached hereto. 2. 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 17.180 of the Lake Elsinore Municipal Code. 3. 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. 4. Minor Design Review approval of the proposed two (2) stories residential duplex located a 132 E. Sumner Avenue will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. 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. 7. 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. n n n 8. 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 setbacks set forth in the Historic Elsinore Architectural Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. The applicant shall comply with all requirements of the Riverside County Fire Department. 10. All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 11. All roofing materials shall have a minimum Class "A" Fire Rating, and shall be noted on the construction plans. 12. The ApplicanVproperty owner shall comply with all applicable City Codes and Ordinances. 13. 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. 14. The Applicant shall comply with the City's Noise Ordinance. All 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. 15. 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. 16. 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. 17. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. n n n 18. 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. 19. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 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 fencing must be located behind the slope easements. 23. 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 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. 24. 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. 25. 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 the projects approval. 26. 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. 27. All exposed retaining walls visible from any public right-of-way shall utilize "split- face" block or stuccoed to match the proposed dwelling unit. Plain precision block is not permitted. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 28. All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he/she must submit a notarized agreement between the 1\ n n subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 29. 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. 30. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 31. The applicant shall provide assurances to the Planning Division that all requirements and fees of the Riverside County Flood Control and Water Conservation District have been met. 32. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than eight (8) dwelling units/acre) prior to obtaining building permits. 33. Prior to the issuance of any building permit for the Project, the 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 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. 34. Prior to the issuance of a building permit the Applicant shall obtained and submit a "Will Serve" letter from Elsinore Water District to the satisfaction of 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. 35. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. f-- PRIOR TO THE ISSUANCE OF A CERTlFICA TE OF OCCUPANCY II 36. 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. 37. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 38. All 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 and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 39. 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 done prior to the issuance of a certificate of occupancy. 40. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. I n COMMUNITY SERVICES DEPARTMENT 41. The developer is to pay park fees $1,600 per unit. 42. The developer is to comply with all NPDES storm water requirements. 43. The developer is to participate in the City wide LLMD. 44. The developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 45. The developer is to meet City curb, gutter, and sidewalk requirements. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT n 46. The project is located within the limits of the District's West Elsinore Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to the issuance of grading permit. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. II n n LAKE ELSINORE UNIFIED SCHOOL DISTIRCT 47. Under the provisions of S8 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of occupancy by the District. ENGINEERING DIVISION 48.AII 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. 49. Submit a 'Will Serve" letter to the City Engineering Division from the applicable water agency stating that water arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 50. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 51. Provide fire protection access and facilities as required in writing by Riverside County Fire. 52. 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. 53. All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake- elsinore.org" . STREET IMPROVEMENTS 54. No Street improvements are required, unless the existing improvements are damaged by the developer or his/her agents or contractors, in which case the developer shall rebuild the street improvements per City Engineer's instructions. 55. Work done under an encroachment permit for off-site improvements of utility lines shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. n n n 56. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 57. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit approval. 58. Apply and obtain a grading permit with appropriate security prior to any grading activity. 59. A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 60. Provide soils, geology and seismic report, as part of this report address the requirement of the Alquis-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 61. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. All 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. The geotechnical engineer shall make recommendation for the minimum distance of building foundation to the top and toe of slopes. DRAINAGE 63. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 64. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. n n n 65. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 66. Submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES 67. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee; the current drainage fee applied by the (Northwest Lake Management Dist.) and the current TUMF; the amount of fees shall be adjusted accordina to the fee schedule current at the time of pavment. 68. Provide in-lieu payment for future off-site public improvements prior to building permit. (Res. 86-35) In-lieu payment shall be calculated by developers' engineer or architect and submitted for City Engineer's approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration. The street improvements shall include 6' wide concrete sidewalk and curb and gutter, and 3" AC over 5" AB pavement section to center line of the street. STORMWATERI CLEANWATER PROTECTION PROGRAM City of Lake Elsinore has adopted 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 other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law.