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HomeMy WebLinkAboutPC Reso No 2009-16 n n n RESOLUTION NO. 2009-16 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A TWO-STORY SINGLE-FAMILY DWELLING UNIT LOCATED AT 811 W. SUMNER AVENUE. WHEREAS, Mr. Sergio Cassio filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a two-story single-family residence located at 811 W. Sumner Avenue, pursuant to Chapter 17.44 (Residential Development Standards); Chapters 17.184 (Design Review); Chapter 17.76 (R-1 Single Family Residential District) of the Lake Elsinore Municipal Code (LEMC); and the Lake Elsinore Historic District and Architectural Design Standards. WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; 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 with respect to this item on March 3, 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 proposed design for the single family residence and has found it acceptable. The Planning Commission finds and determines this project is consistent with the Lake Elsinore Municipal Code ("LEMC"), and the Historic Elsinore Architectural Design Standards. 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.C.R. SS 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures because the Project involves construction of one single-family residence. (See 14 C.C.R. S 15303(a)). SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: 1. The Project 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, which is Low Medium Density. The Low Medium Density designation 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. The maximum permissible density AGENDA ITEM NO. PAGE OF n n n PLANNING COMMISSION RESOLUTION NO. 2009-16 PAGE 2 OF 4 under the Low Medium Density designation is six (6) dwelling units per acre. The Project proposes a single dwelling unit for the entire existing lot, which falls within the permissible density range of the Low Medium Density designation. The 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 affordable housing within the City of Lake Elsinore. The Project encourages the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates "Spanish" style architectural elements provides a well rounded design and maintains the desirable rural characteristics and base framework of the City to achieve quality and compatibility with preexisting development. 2. The Project complies with the design directives contained in Section 17.184.070 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the single family dwelling unit integrates a twenty foot (20') front yard and rear yard setback, sufficient front yard landscaping and safe and sufficient on-site vehicular circulation. Further, use of the "Spanish" architectural style in the Project complements the quality of existing development and will create a visually pleasing, non-detractive relationship with existing projects in the area. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. A Class 3 CEQA exemption may be invoked when the development proposal involves construction of one single family residence. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single family residence. 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. Section 7.3.2 of the MSHCP states that: '1djevelopment of individual single-family homes on existing parcels, in accordance with existing land use regulations is a Covered Activity within the Criteria Area," subject to an expedited review process. Impacts of development of single-family residences on sensitive habitat and covered species were accounted for in the MSHCP and the MSHCP EIR. The Planning Commission hereby finds that the single-family residence at 811 W Sumner Avenue (APN: 374-083-015) was sited on the least sensitive portion of the lot. Consideration was given to access, topography/terrain, zoning standards including setbacks, soil types, presence of earthquake fault lines, leach fields, presence of oak trees and high fire hazard areas. The building foot print area is appropriate and complies with the MSHCP Criteria Area. AGENDA ITEM NO. PAGE OF n n n PLANNING COMMISSION RESOLUTION NO. 2009-16 PAGE 3 OF 4 Moreover, the Project has been reviewed by al1 City divisions and departments, which have imposed certain conditions of approval on the Project to ensure that no adverse impacts occur. In light of those conditions of approval, as wel1 as the design features of the Project itself, the Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.188.020 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 17.188. Pursuant to LEMC Section 17.188.020, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shal1 meet al1 required setbacks and development standards pursuant to LEMC Section 17.76 (R-1 Single-Family Residential District). Any revisions to the Minor Design Review shal1 be processed in a similar manner as the original Minor Design Review. AI1 plans submitted for building division plan check shal1 conform to the submitted plans as modified by the Conditions of Approval. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd da~arch, 2009, by the following vote: U Axe~0h%1! . City of Lake Elsinore ATTEST: ~~ Tom Weiner, Acting Director of Community Development AGENDA ITEM NO. PAGE OF n II n PLANNING COMMISSION RESOLUTION NO. 2009-16 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. 2009-16 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3'd day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES, COMMISSIONER'S JOHN GONZALES, PHIL MENDOZA, AND MICHAEL O'NEAL NONE NONE NONE --k. ~() Tom Weiner Acting Director of Community Development AGENDA ITEM NO. PAGE OF n 'I II n CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 811 W. SUMNER AVENUE (APN: 374-083-015) 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 Single-Family residential development 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 a single-family dwelling unit located at 811 W. Sumner Avenue (APN: 374-083-015), will lapse and become void two (2) years 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 the issuance of building permits the applicant shall provide the Community Development Department confirmation that fire flow availability and emergency access has been found to be acceptable by the Riverside County Fire Department. 7. 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. n n n 8. 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. 9. All wrought iron window ornaments and on balconies must be decorative with final design subject to approval by the Community Development Director or designee. 10. 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, and development standards pursuant to the development standards. 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. 11. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 12. The applicant shall provide coach lights on each side of the garage doors. 13. 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. 14. All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 15. The Applicant is to meet all applicable City Codes and Ordinances. 16. 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. 17. 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. 18. 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. n n n 19. 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. 20. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 21. 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. 22. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 23. Driveways shall be constructed of concrete per Building and Safety Division standards. 24. 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. 25. 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. 26. The applicant shall provide a flat concrete pad with minimum dimensions of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 27. 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. 28. Prior to the issuance of a Grading Permit 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 and/or building permit whichever occurs first. n PRIOR TO THE ISSUANCE OF BUILDING PERMITS 29. 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 subject property owner and the adjacent property owner to the Planning Department prior to issuance ofa building permit. n n 30. 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. 31. Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six-foot (6') wood fence along the perimeter of the property. In addition, the proposed return walls and pilasters shall aesthetically match the exterior materials of the proposed dwelling unit. 32. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) 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. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 35. The applicant/developer shall submit a 'Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer service arrangements have been made for this project and specifv the technical data for in n II the water service at the location. such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. 36. The applicant shall provide an approved set of plans and a copy of the paid applicable sewer connection fees from EVMWD prior to the release of the building permits. COMMUNITY SERVICES DEPARTMENT 37. The applicant shall pay park fees of $1,600 per unit. 38. The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. PRIOR TO THE ISSUANCE OF A CERTlFICA TE OF OCCUPANCY 39. The Applicant shall plant twenty-four inch (24") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30') apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 40. 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. 41. 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. 42. 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. 43. 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. 44. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION 44. 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. n II n 45. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer 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. 46. Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934-0838. 47. 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. 48. Provide fire protection access and facilities as required in writing by Riverside County Fire. 49. 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. 50. 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". DEDICATION: 51. Dedicate a 2.5' wide strip of additional right of way along northerly property line to the City for alley widening and improvements prior to issuance of building permit. 52. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval and recordation prior to issuance of building permit. Digital files for the Grant Deed and Grant of Easement are available by request to "agutierrez@lake- elsinore.org". STREET IMPROVEMENTS n n n 53. Construct concrete sidewalk, curb and gutter and reconstruct the pavement from one foot beyond centerline of Sumner Avenue and Scrivener Street to concrete gutter edge (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base), per approved street plans (LEMC Title 12). Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 54. Construct alley improvements including alley concrete apron from new property line to 2' beyond the alley centerline. Asphalt concrete pavement shall have a minimum of 2.5" AC pavement over compacted 4" native soil. Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 55. A Calif. Registered Civil Engineer shall prepare street and alley improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on Sumner Avenue and Silver Street centerlines. 56. 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. An encroachment permit will be required to do the work. 57. 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. 58. 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 59. Developer shall obtain all necessary off-site easements for off-site grading, if any, from the adjacent property owners prior to issuance of grading permit approval. 60. Apply and obtain a grading permit with appropriate security prior to any grading activity. 61. 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 n n n 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. 62. Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 63. 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. 64. 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: 65. 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. 66. 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. 67. 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. All roof runoff shall be collected and diverted to landscaping prior to entering into street improvements. FEES: 68. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $519.00 (Town No.6 Dist.) and the current TUMF amount is $10,046.00; the amount of fees shall be adiusted accordino to the fee schedule current at the time of pavment. 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 n n n 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.