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Home My WebLink AboutPC Reso No 2006 RESOLUTION NO. 2006- 01 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005- 23 OF A THREE-PLAN MODEL HOME COMPLEX AND PRODUCTION UNITS WIUrn WILL BE CONSTRUCTED THROUGHOUT 143 SINGLE-FAMILY RESIDENTIAL LOTS WITHIN TRACT MAP NO. 30493 WHEREAS, an application has been filed with the Gty of Lake Elsinore by Pulte Homes requesting Design Review approval of a three-plan Model Home Complex and ultimate development of production units throughout 143 lots within Tract Map No. 30493 located north of Canyon Hills Road and east of Hillside Drive and defined as Planning Area 24 of the Canyon Hills Specific Plan; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Design Review requests for residential 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 meeting held with respect to this item on January 3, 2006. NOW 1HEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the propose eSlgn or the three- plan Model Home Complex and production units and has found them acceptable. The Planning Commission finds and determines this project is consistent with the Canyon Hills Specific Plan and the 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report. Under Section 15182 of the California Environmental Quality Act (CEQA) Guidelines, this project has been declared exempt from further environmental clearance. SECTION 2. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of Residential Project No. 2005- 23 have . been made as follows: 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. staff has deterrrinrl that this prrj<<t is consistent W1:h the Gt~ Hills SfJ<<ific Plan am Treu:! Map Na 30493. The 2003 A dderxlum to the 1989 F inal Gt~ Hills SfJ<<ific Plan E rniromrmal Inpaa Report prmidf5 adt:quate emirunTrFJ1l:ai dRararKe am anai)5is for this projJam D3if!!1 Redew application. Urx1er S81i1m 15182 cfthe CalifamiaErnirunTrFJ1l:ai Q1alityAa (CEQ4) Guiddin:s, this prrj<<t has lrendslami EXerr{Jt from.fUrther emirunTrFJ1l:ai dRararre 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. RESOLUTION NO. 2006-01 PAGE 2 As discussffi, the Gerrral Plan dt5ignatl5 the prrJfXt site as rrGt~ Hills SJXrijic Plan". The Gt~ Hills SJXrijic Plan dt5ignatl5 the prrJfXt site as SF3. Tract Map Na 30493 am the prrpaed mxJd barrE wnplex am prrxJuaion units are ronsistent Wth the SF 3 dt5ignation am applicahle deuioprrm am dt5igp starxlards. 3. TIlls project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The prrpaed prrJfXt is appropriate to the site am surranling deuJqmrnts in that the prrJfXt Wll ronstruct sirrJe-farrily detadJed units in aaxmJarre Wth appropriate deuioprrm am dt5igp starxlards wntai:rx:d in the Gt~ Hills SJXrijic Plan The prrJfXt create5 interest am w:rying 'listas as a person 11Vll5 alorrg, any prrJfXt strret. The prrJfXt also wnplem.nts the quality if existirg mwbaring deuioprrm am Wll rontinue to prmide 'lisuall:y-p!&sing dt5igp am archita::ture Wthin the Gt~ Hills arm 4. Conditions and safeguards pursuant to Chapter 17.82.070, 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 General Plan, Municipal Code, and Canyon Hills Specific Plan, as approved. The Planning Comrission has ronsiderm the prrJfXt am firrJs that Wth anlitians if ctpprrJl.l1l, the prrJfXt wnplies Wth the purpaes am dJj<<:tiw if the Residential Desigp Redewpra13s. NOW, lHEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Residential Project No. 2005-23. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 3, 2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: flmh- Rolfe Preisendanz, Secretary-to the Planning Commission RESOLUTION NO. 2006-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-18, FOR A MOTORCYCLE DEALERSHIP TO BE LOCATED AT 18421 COLLIER AVENUE AND ASSESSOR PARCEL NUMBER 377-151-071. WHEREAS, an application has been filed with the City of Lake Elsinore by Brett Moore, 74 Motorsports Inc., to request the approval of Conditional Use Permit No. 2005-18 for the establishment of a motorcycle, all-terrain vehicle, and personal watercraft dealership; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits for commercial 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 January 3, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Conditional Use Permit No. 2005-18 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA) Section 15301 Existing Facilities; SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to ad1iere a 'lifil Wlarmi am.fUn:tional rrix if residential, ~ irxiustrial, open spare, m:rratinnal am institutional lam USl5, staffhas thorat[jJly ewluatai the lam use wrrpatibility, mise, traffic am a:her emirunrrI!11l:t11 hazards niatal to the ~<<1 0nIitiana1 Use Pemit for a rrri:orc)de, A TV, am PWC st:t/f5 use la:at:<<i at 18421 Oilier A W1Ue. Aa:rJrriirlfiy, the ~<<1lam use is in ron::urrem: Wth the dJjecti:lls if the Gemral Plan am the ~e if the plarTJ'1in;f, district in 71hit:h the site is la:ataJ. AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-02 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In aa:ord W1h the purpaes if the ClJapter 17.74 (Onlitional Use Pemits) if the Lake E Isimre Municipal ~ the City mdizffi that the prr:fJaffi rrttmty:Je, A 7V, am PWC dealership use la:aud at 18241 Oilier A W1Ue mty haw the paential to ~y inpact the wfare if persons res~ or uorking Wthin the rxi~barhaxl or the City OJnsidering this, staff has substantiat<<l that all applU:aJle City Departm?r1tS am Atpries haw been affardtd the cpportunity for a tharatW redew if the use am haw irrarporatai all applU:aJle romrerds awor anlitians rriaud to the wntrd if paential nuisarm, so as to elininate any ~ irrpad:s to the ~al he11lth, safety, wnfart, or ~al wfare if the s~ rxi~barhaxl or the City 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The prr:fJaffi rrttmty:Je, A 7V, am PWC dealership use la:aud at 18241 Oilier A W1Ue has been dt5igrnJ in wnsideration if the size am shape if the existingproperty, thereby strerrgJhenirrg am enharxirrg the irrm:diate cormErCial am irxlustrial amt. Further, the prrifXt as prr:fJatri uill wrrplerrmt the quality if existing deWqmrnt am uill create a Usually pleas~ mndetraaiw relationship betueen the prr:fJaffi am existing prriu.ts, in that the use if rrttmty:Je, A 7V, am PWC sales has been rer.iew1i to ensure that the prr:fJaffi dealership is la:aud am is JUrx:tionirrf, Wthin an erKiaffi ~ The prrifXt has also been anlitiorRi to disallawany adside display if pra/uas sdd. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The prr:fJaffi use la:aud at 18241 Oilier A W1Ue has been rer.iew1i as to its rdation to the Wdth am type if pawrmt rm1rl to carry the type am quantity if traffic ~atai, in that the City has adtrjuate/y ewluat<<l the paential irrpad:s associatal W1h the prr:fJaffi rrttmty:Je, A 7V, am PWC sales prior to its apprr1l11i am has anlitiorRi the prrifXt to k seru:d by rwds if adtrjuate capadty am dt5if!ll starrlards to prmide m:zsonable aaI5S by car, trude, transit, am bicyJe AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-02 NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-18. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 3, 2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe M. Preisendanz, Secretary to the Planning Commission AGENDA ITEM NO._ PAGE OF RESOLUTION NO. 2006-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SIGN PROGRAM NO. 2005-04 FOR THE INDUSTRIAL BUSINESS PARK KNOWN AS THE LAKE COMMERCENTER LOCATED ON 5.89 ACRES ON COLLIER AVENUE BETWEEN THIRD AND CRANE STREET(S). WHEREAS, Michael Cargile, C&C Development Partners, has initiated proceedings for Sign Program No. 2005-04; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Sign Programs; 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 January 3, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered proposed Sign Program 2005- 04 prior to making a decision for approval. The Planning Commission finds and determines that environmental clearance for the proposed Sign Program is provided by Negative Declaration No. 2001-02, which was approved by the GtyCouncil in September 2001 for a previous tentative parcel map and industrial design review associated with the subject property. No further environmental clearance is required for this project: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Sign Program No. 2005-04 has been made as follows: 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 -prcpaed Sifll PWi5Yam for the 0Jrrm:rcial Manufcuturirrg/Lirriuri Manufaauring Busirxss Park krmm as The Lake Comme~enterronplies Wth the gxds am dJjoctiw if the Gelrral Plan, in that the appruu1l if this Sifll PWi5Yam uill assist in achiedng, the deu1qmmt if a ucI1-Wlarmi am furx:tional nix if midential, a>>mrrcial, inlustrial, open sJkKe, '1'fX'1Wtional arxl institutianallarxl uses, di7EYSifyirrg, Lake E lsimre's ~ b::tse 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The -prcpaed Sifll Program for the 0Jrrm:rcial Manufcuturirrg/Lirriuri Manufaauring Busirxss Park krmm as The Lake Comme~enter is apprrpriate to the site am s~ ~ in that PLANNING COMMISSION RESOLUTION FOR SIGN PROGRAM NO. 2005-04 Page 2of3 the Sign Prutfam for The Lake Commerrenter has been di3igfRi in consideration if the size am shape if the pYqJerty, thereby creating interest am 'lllryirf6 Usfas as a person mJl.l!S along the strret:. Further the prrj<<t as ~<<i Wll wnplem:nt the qualiry if existing deu:ioptrmt am Wll create a Usually pleasinr& rxJr}detracti7.e rrIationship bemeen the ~<<i am existing prrjff1S in that the a:rrhit<<tural di3ign, a:lar am rmteriaJs am site di3ign ~<<i eriderxE a wrwn far qualiry am arigjnaJity. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pwsuant to the California Erni:rrJnnrntal QIaliry Aa (CEQA), the ~<<i Sign Prutfamfor the CormFrcitJl Manuf~Lirri1ld Manufaaurirf, Businss Park krmen as The Lake Commerrenter, as redewd am rorrlitiorxd by all applicalie City DiUsions am Departnwts, Wllrtt haw a sigrDjicant iff<<t on the emirarTJrF11/: pwsuant to atttuhed Corxlitians if A ppruwl. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pwsuant to S<<tion 17. 82. 070 (A aWn if the Planning O>rmission) if the Lake E lsimre Municipal CaIe (LEMC), the ~<<i Sign Prutfam for the CormFrcitJl Manuf~Lirri1ld Manufaaurirf, Businss Park krmen as The Lake Commerrenter has been sc:hedukd for consideration am appruwl if the Planning Comrrission. NOW, THEREFORE, based on the above find' gs, the Planning Commission of the City of Lake Elsinore DOES HEREBY approve Sign Pro m . 2005-04. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 3, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: LARIMER ATTEST: PLANNING COMMISSION RESOLUTION FOR SIGN PROGRAM NO. 2005-04 Page 3 of3 ~ Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 242 N. CHESTNUT STREET - APN 373-034-038. WHEREAS, an application has been filed with the Gty of Lake Elsinore by Mr. Eduardo Rocha, requesting approval of a Minor Design Review for a conventionally built Single-Family Residence and an attached two car garage located at 242 N. Chestnut Street; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for Single Family Residential 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 January 3,2006; NOW lHEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE 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 and the Historic Elsinore Architectural Design Standards. Additionally, this project has been found to be exempt from further environmental clearance under Section 15303, Oass 3 (a); (New Canstruaion or Omersim if Sm1l1 Stmc:turEs), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 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 prq1a<<l Mimr Dtsigp. Reriew kmtai at 242 N. Oxstnut Strret arrplie5 Wth the ~ am chja:ti715 if the Gerrral Plan, in that the t:tpprrJU1l if the residem! Wll assist in adier.ing the deuJqmwt if a 'UIil-Wl4rml am fimional rrix if residential, ~ irxlustrial, cpen spare, rocrrational am institutiooallam USfS as 'UIil as erraeraf!Pr5 the deuJqmwt ani mtinternrxe if a bro:ul ra"iJ! if hwsirf5 t:yfX5 for all irK:arE flWPS am a~ c:ate[prie5. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The prq1a<<l M imr Dtsigp. Reriew kmtai at 242 N. Oxstnut Strret is apprrpriate in the size am desigp. in that the residem! Wll arrplenrnt the quality if existirr6 deuJqmwt am Wll orate a Usually plR1:1s~ mn-detnuti'le relationship ~ the prq1a<<l am existirr6prrj<<ts. The archita:tural desigp, aior am rrnterials ~ai excml the size am desigp. if the han:s in the surrunling area. AGENDA ITEM NO. PAGE OF RESOLUfION NO. 2006-04 J~lJ}UtY3,2006 PAGE 2 OF 2 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 Gdifamia Emiranmmtal Qk11ixyAct (CEQA), theprcfJa<<iMimr DesifflRedewlromdat, 242 N. Ch5tnut S trret CIS redeu<<i am a:n:Iitiomi by all applia1l:le Cixy Di'lisims am Depart1rEnts am A wrm, Wll m haw a sig(lificant iffirt 00 the emironm:nt pursuant to A rtide 19; (G:zterpiad E xenptions) am S<<tion 15303(a); (New OJnstruaion or Comersim ifSmdl Structure;). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. Pursuant to S<<tion 17.82.100 (Mimr Desiffl Redeu) if the Lake ElsinJre MunUipal 0x1e (LEMC), the prcfJa<<i M imr Desiffl Redew lromd at 242 N. Ch5tnut Strret haw been scheduJqJ arr1 wnsiderai for apprawl by the Pu,:nniYf!, Camrission. NOW, 1HEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Minor Design Review of a single family residence located at 242 N. Chestnut Street (APN 373-034-038). I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 3,2006 by the following vote: AYES: O'NEAL, LARIMER, GONZALES, LAPERE NOES: ABSENT: ABSTAIN: ATTEST: ~ Rolfe M Preisendanz, Secretary to the Planning Commission P:\MDROF ASFR@ 242 N. CHESTNUI'S1\PCRESO 1-3-05.doc AGENDA IlEM NO. PAGE OF RESOLUTION NO. 2006- 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-16 FOR THE ESTABLISHMENT OF A "DRIVE-THROUGH FAOLITY" LOCATED ON PAD "7" OF PLANNING AREA 3, OF THE CANYON HILLS MARKET PLACE. WHEREAS, Lorenzo Reyes, BKI inc., Star Goals, LLC, has initiated proceedings to request the approval of Conditional Use Permit No. 2005-16 for the establishment of a "Drive-1hrough Facility" to be located on Pad "7" of Planning Area 3, of the Canyon Hills Market Place; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; 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 January 17,2006. NOW lHEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit 2005-16 prior to approval. The Planning Commission finds and determines that the Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed application, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the Gty of Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005-16 have been made as follows: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the pwpose of the planning district in which the site is located. In order to adJier.e a uell hJarml am finrtional rrix if residential, aJI11I1'1JrCial inlustrial, q;en spatE, rrx:raaional am institutional lam USe5, staff has t:horoogiy ewluatai the lam use rorrpatibilit:y, mis~ tra/fr am aher emirrJflllUltd hazards rriauri to the propaed 0nIiti0nal Use Pemit far the e5taUishrrmt if a "Driw- ThratrP Facili1:y" la:atai on Pad "7" ifPlarrnirrgA mt 3, if the Gt~HilJs Market Plare AcrordirrJy, the propaed lam use is in an:urrf?rXE Wth the dJjeai'U!S if the Gerrral Plan am the pr,trpae if the planning distria: in uhUh the site is la:ataJ. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood or the Gty. PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-16 Page 2of3 In aa:urd Wth the purpaes if the OJapter 17.74 (CorrlitiornJ Use Pemits) if the Lake E Isimre Municipal 0xIe, the City rf'J:1iizm that the [TtTfJam CorrlitiornJ Use Pemit for the est:ttl:iisbrrmt if a "Driw ~ Facility" lcratHJ an Pad "7" ifPlamingA mt 3, if the CanpnHills Market Plare mty haw a pa:entid to .uly irrpaa the 'lRlifare if persans residing or W>>kirr6 Wthin the mg,borIxxxl or the City OJnsidering this, staff has substantittt<<l that all applicttlie City Departm!nts am A wx:ies haw lren affardtd the opportunity for a ~ redewif the use am haw irmparat<<l all applicttlie romrrI!f1ts arxl/ or rorxlitions rriated to installation am mtintenarxE if larxls~ strret dadirations, ~ if points if uhiaJar irwess am tgr3s am ClJI1lrri if pa:entid nuisarm, so as to dinin:tte any ~ inpacts to the wrral hedth, safety, wnfart, or wrral 'lRlifare if the s~ mg,borIxxxl or the City 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC The [TtTfJam CorrlitiornJ Use Pemit for the est:ttl:iisbrrmt if a "Driw ~ Facility" lcratHJ an Pad "7" if Plaming A mt 3, if the Canpn Hills Market Plare has lren dt5igmi in ronsideration if the size am shape if the prrperty, thereby streng:hening am enharrirfg the irnmxliate corrm?YCial area. Further, the prqfX.t as [TtTfJam, Wl1 wnplenrnt the quality if lX isrirr6 deu:/oprrmt am Wl1 create a 7isually plmsir1& mmletractiw rdationship betueen the [TtTfJam amlXisrirr6 prq<<ts, in that the [TtTfJam use has lren retiew:xJ to ensure adtquate prodsion if screenirf,from the pullic rip.cfwzy or adjacent prapertUs. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The [TtTfJam CorrlitiornJ Use Pemit for the est:ttl:iisbrrmt if a "Driw ~ Facility" lcratHJ an Pad "7" if Plaming A mt 3, if the Canpn Hills Market Plare has lren retiew:xJ as to its rdation to the Wdth am type if pa7EJ'1'EJ1t rmhl to carry the type am quantity if tr~ wrraurJ, in that the City has rulejuatdy ewluated the pa:entid inpacts associated Wth the [TtTfJam uses prior to its apf>>TJl11l am has wrxlitiom:i the prqfX.t to /;e serud by 1Wlis if adtquate capaGty am dt5ifll starx/ards to prudde reasanalie cums by car, tn<<Je, transit, am bicfle 5. In approving the subject use located on Pad "7" of Planning Area 3, of the Canyon Hills Market Place there will be no adverse affect on abutting property or the permitted and normal use thereof. The [TtTfJam use has lren ~ly retiew:xJ am wrxlitiom:i by all applicttlie City Departm!nts am outside Awx:ies, dirrinatirf5 the pa:entid for any am all adwse iffim an the abuttingprq;eny. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Sation 17.74.050 (Action if the Plaming Cotmissian) if the Lake Elsimre Municipal CaIe (LEMC), the [TtTfJam CorrlitiornJ Use Pemit for the estahlisbrrmt if a "Driw ~ Facility" lcratHJ an Pad "7" if Plaming A mt 3, if the Canpn Hills Market Plare has lren sdxdukd for ronsideration am apf>>TJl11l if the Plaming Cotmission. PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-16 Page 3 of3 NOW, 1HEREFORE, based on the above findings, the Planning G:>nllnission of the Gty of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-16. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17,2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe M Preisendanz, Secretary to the Planning Commission / RESOLUTION NO. 2006- 06 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING OTY COUNOL APPROVAL OF COMMEROAL DESIGN REVIEW NO. 2005-07, FOR A "DRIVE- THROUGH F AOLITY" LOCATED ON PAD "7" OF PLANNING AREA 3, OF THE CANYON HILLS MARKET PLACE WHEREAS, an application has been filed with the Gty of Lake Elsinore by Lorenzo Reyes, BKI inc., Star Goals, LLC., to request a Commercial Design Review No. 2005-07 for a "drive through" restaurant building totaling 3,198 square feet on .89 acres of vacant land; WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Council pertaining to the Design Review of commercial 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 meeting held with respect to this item on January 17, 2006. NOW TI-IEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for the Commercial Design Review No. 2005-07 prior to making a decision to recommend that the Gty Council approve the proposed "drive through" restaurant facility. The Planning Commission finds and determines that the Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed application, based upon the following findings and determinations; SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 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 prufJawi 0J1mrrcial Desifll Redew kx:at<<l on Pad "7" if Pla11l'1irf!, A mt 3, if the CAn;.on Hills Market Pk:e ronpliRs Wth the [p1ls ani d:Jjoctiw; if the Gelrral Plan, in that the appruu1l if this "driw thratgJ" restaurant facility W11 assist in achieUrrg, the deu/qmmt if a ruell-htlarml am fun;:tiarnl rrix if residential, aJfm'1!YCial, irxlustrial, qJen spcta!, nrreational am institutianallarxi uses as ruell as en::rnragjng irrIustriallarxi uses to di:wsify Lake E lsirvre's lIDI'XJI1ic bze 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. PLANNING COMMISSION RESOLUTION FOR COMMERQAL DESIGN REVIEW NO. 2005-07 Page 2 of3 The ~<<i Conm::rcial Desigp. Reriew la:atai on Pad "7" if Planning A 1W 3, if the Canpn Hills Market Piaa! is appropriate to the site am surrwrxling, deuJoprrEnrs in that the ~<<i "driw thrrugl" restaurant faciliEy has been desigrni in ronsideration if the size am shape if the prq;erty, thereby c:ro:tting interest am mrying 'listas as a person 11'lJU5 alarrg, the strret. Further the prrjfXt as ~<<i Wl1 rorrplenmt the qualiEy if existing deuiopmmt am Wl1 create a 'lisually pl&sing, mn-detraaiw rek:ttianship bna:en the ~<<i am existingprrjaxs in that the arrhiteaural desi[f1, a:lor arr1 m:tterial am site desi[f1S ~<<i ~ a rorx:em far qualiEy am arigjmlity. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The Adden:Ium to the 1989 Final Canpn Hills S~ Plan Emi:rol1lrl!l1tal Irrpaa Report, uhUh 'W1S preparrd in aa:ordarre Wth S<<tion 15164 if the State CE QA Guiddin?s, prmidt5 the nmsary erni:rarrm!ntal dmrarm far the ~<<i appliaJtions. A a:nrdirrJy, staff 1xiieu3 the ~<<i appliaJtions irrplenmt the lam use dJjrxtim am rf?tjui:reJ11!fTtS if the S ~ Plan am firxJs that fimher emirrJ/1l1'l!f1tal euduatian is ther(are, U11J1freSsary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to S<<tion 17.82.070 (Action if the Planning Cnmrriss~ if the Lake Elsimre Municipal 0x1e (LEMC), the ~<<i Conm::rcial Desigp. Reriew la:atai on Pad "7" if Planning A 1W 3, if the Canpn Hills Market Piaa! has been sdx:r1ul81 far ronsideration am approud by the Planning Cnmrrission. NOW, 1HEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RECDMMEND TO 1HE OTY CDUNOL AFPROV AL of Design Review for Commercial Project No. 2005-07. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17, 206 by the following vote: PLANNING COMMISSION RESOLUTION FOR COMMEROAL DESIGN REVIEW NO. 2005-07 Page 3 of3 AYES: Conunissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Conunissioners: ABSENT: Conunissioners: ABSTAIN: Conunissioners: ATTEST: /JmL-- Rolfe M Preisendanz, Secretary" to the Planning Conunission RESOLUTION NO. 2006- 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL ADOPTION OF MITIGATED NEGATIVE DECLARATION/ MITIGATION MONITORING PLAN NO. 2005-05 FOR THE PROJECf KNOWN AS ZONE CHANGE NO. 2005-02 AND TENTATIVE TRACf MAP NO. 33486 WHEREAS, an application has been filed with the Oty of Lake Elsinore by Connan Leigh Communities to request approval of Mitigated Negative Declaration No. 2005-05 and Mitigation Monitoring Plan for Zone Change No. 2005-02 and Tentative Tract Map No. 33486; and WHEREAS, Mitigated Negative Declaration No. 2005-05 and Mitigation Monitoring Plan has been prepared to evaluate environmental impacts resulting from the project; and WHEREAS, the Planning Commission of the Oty of Lake Elsinore has been delegated with the responsibility of making recommendation to the Oty Cooocil for the adoption of Mitigated Negative Declaration! Mitigation Monitoring Plan No. 2005-05; 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 both on December 20, 2005 and January 17, 2006; and WHEREAS, a Notice of Intent to Adopt (NOI) has been filed with the Office of Planning and Research and the Coooty of Riverside Oerk of said applications, and the Planning Division has requested a public review period of said document, from December 16, 2005 to January 24,2006; and WHEREAS, the Planning Commission of the Oty of Lake Elsinore DOES HEREBY RESOLVE as follows: Mitigated Negative Declaration No. 2005-05 and Mitigation Monitoring Plan has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the Oty's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects and associated discretionary approvals, and will not result in any significant environmental affects with mitigation measures of the project known as Connan Leigh Communities based on the following findings; FINDINGS - MITIGA1ED NEGATIVE DECLARATION NO. 2005-05 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05 Page 2of2 avoid the effects or mitigated the effects to a point where clearly no significant effects would occur; and The applicant has mule recisions to the prrjfXt or has agrad to spocijic anlitions WJUh 'lilMid awid the iffixts or nitigue the iffixts if the prrjfXt to a point uhere rKJ significant if/octs 'lilMid ar:ur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the er.iderx:E rmiwd in the li#t if the 7ihde nrord jm3enJ:Rd to staff the prrjfXt Wll rtt haw a significant ifftxt an the emirannrnt ronsidering the applicable Carxlitions if A pprr1Cl1l am M itigttion M anitarirrg Plan. WHEREAS, the Planning Conunission recormnends to the Oty Council that it finds that Mitigated Negative Declaration No. 2005-05 and Mitigation Monitoring and Reporting Program is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the Oty's environmental clearance procedures. NOW, 1HEREFORE, based on the above findings, the Planning Conunission of the Oty of Lake Elsinore DOES HEREBY RECDMMEND that the Oty Council of the Oty of Lake Elsinore certify Mitigated Negative DeclarationlMitigati M nitoring Plan No. 2005-05. I hereby certify that the preceding resolution adopted by the Planning Conunission at a meeting thereof conducted on January 17, 2006 by the following vote: AYES: Conunissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Conunissioners: ABSENT: Conunissioners: ABSTAIN: Conunissioners: ATTEST: Rolfe Preisendanz, Secretary to the Planning Conunission RESOLUTION NO. 2006- 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE APPROVAL OF ZONE a-IANGE NO. 2005-02 a-IANGING THE ZONING DESIGNATION OF THE P ARCEL(S) SPEOFICALL Y DESCRIBED AS ASSESSOR PARCEL NUMBER'S 379-150- 001,002,041,042,043, & 044 FROM R-E (ESTATE SINGLE- FAMILY RESIDENTIAL DISTRICT) TO R-l (SINGLE- FAMILY RESIDENTIAL DISTRICT) UNDER THE ZONING ORDINANCE WHEREAS, Corman Leigh Communities has initiated proceedings to change the zoning designation of the subject parcels known as Assessor Parcel Nwnber's 379-150-001,002,041,042, 043, & 044 from R-E (Estate Single Family Residential District) to R-1 (Single Family Residential District); and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Council for changes to the approved Zoning Map; 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 both on December 20, 2005 and January 17,2006. NOW TIIEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered Zone Change No. 2005-02, prior to making a decision to recommend that the Gty Council approve the proposed amendment to the Zoning Map. The Planning Commission finds and determines that Mitigated Negative Declaration! Mitigation Monitoring Plan No. 2005-05 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code the following findings for the approval of Zone Change No. 2005-05 have been made as follows: FINDINGS - ZONE a-IANGE NO. 2005-02 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the Gty, or b) injurious to the property or improvements in the neighborhood or within the Gty. PLANNING COMMISSION RESOLUTION FOR ZONE mANGE NO. 2005-02 Page 2 of2 The propaffi ZOJr 0Ja~ has ~ anal:yzffi rel4tiw to its pa:entiality to re detrinmta1 to the health, safety, rorr{art am w:ifare if the persons residing ar UIJrking Wthin the mt;barhaxl if the propaffi arrErKimmt The primtry issue identifi<<l by staff relate; to the trafJk inpacts if the propaffi densit)l Staff, anludRd, bzffi on the TrafJk Inpaa: Report, that the LeuJ if Senire far the intersoctions in the Study A tat Wll rK1; re degradffi as a result if the nitigaions am a:nIitians if apprmul plaari on this prrioct as w:Jl as the ultim1te gW am dJjocti:u:s if the Gerual Plan Cirr:uMtion E letrmt. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal O>de (LEMq. Basffi on its anai)5is, staff has wrriudIri that the rfYJ.Uf5uri arrErKimmt to the Gerual Plan Lam Use Map am the rorresparrJirrg ZOJr 0Jat1f!!, alloWng the deuJoprrmt if the fiaure anloninium prrioct is ronsistent Wth G04 L 1.0 if the Gerual Plan Hoosing E Ierrmt, diigtting the City to prodde <<da:ent hoosing q;pattunities am a satisfying li7.ing em.irarrmmt far residents if Lake E lsimre". NOW, lHEREFORE, based on the above fin . of Lake Elsinore DOES HEREBY RECDMMEND Elsinore approve Zone Change No. 2005-02. the Planning O>mmission of the Gty t e Gty O>uncil of the Gty of Lake I hereby certify that the preceding resolution was adopted by the Planning O>mmission at a meeting thereof conducted on January 17,2005 by the following vote: AYES: O>mmissioners: O'NEAL, GONZALES, LAPERE NOES: O>mmissioners: LARIMER ABSENT: O>mmissioners: ABSTAIN: O>mmissioners: ATTEST: Rdf~to the Planning Commission RESOLUTION NO. 2006- 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING OTY COUNOL APPROVAL OF TENTATIVE TRACT MAP NO. 33486 LOCATED NORTHEAST OF ZIEGLINDE DRIVE AND NORTHWEST OF MACHADO STREET WHEREAS, an application has been filed with the Gty of Lake Elsinore by Corman Leigh Communities to request the approval of Tentative Tract Map No. 33486 for the establislunent of a single family residential projects; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Tract Maps for single family residential 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 both on December 20, 2005 and ]anuary17,2006;and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of recommending approval for Tentative Tract Maps. NOW TIIEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Tentative Tract Map No. 33486 for single family residential development and has found it acceptable. The Planning Commission finds and detennines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMq, Section(s) 66424 and 66427 of the California Subdivision Map Act ((SMA) and that Mitigated Negative Declaration No. 2005-05 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), which analyzes environmental effects of the project, based upon the following findings and detenninations: SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Subdivision Map Act ((SMA) and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMq, the following findings for the approval of the tentative tract map has been made as follows: FINDINGS - TENTATIVE 1RACf MAP NO. 33486 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). PLANNING COMMISSION RESOLUTION FOR TENTATIVE TRACT MAP NO. 33486 Page 2 of2 The prrjfJt as dtsigmi assists in cuhiedng the deuJqmmt if a 'Tilil-ktlarmi am fwrtianal nix if residential, ~ inlustrial, openspare, m:reational am institutiond lam uses (G04L 1.0, Lam Use Elerrmt) as 'Tilil prodde da:ent hoosirrt, cppartunities am a satis/yirf, li7ing emirarrm?nt for residenJs if Lake E lsimre (G04L 1.0, Hcu;irrt,Elerrmt) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the iffats this prrjfJt is likely to haw upon the rmIs if the rer;jan a anIition if appruwJ W1S irrp!errrrd:e17ihUh uaJd rtYJUire the applit:ant to enter into an agrrenrnt Wth the R<<ieuJqmm AwrY if the City if Lake E lsimre, pruriding 15% if the units in the prrjfJt as 4fardaJie hoosirrt, units in aaxmiarxe Wth the nqui:renwts if Soction 33413(b) if the California Cormunity R<<ieuJqmm Law or an alterrntiw <<JUiwlent aaim 7ihUh mty irxlude ('llithaa l~ dalication if weant Iarxl, ronstructian if affordable units on arxxher site, or payrmrt if an in lieu fee caladauri to prodde sufficient.funJs to u:rxlerwite the /or,g;tenn affardahility if an <<JUiwlent nutrber if mJeuJqmrnt prrjfJt areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The prrjfJt has h:m akjuatdy anIitiomJ by all applicahle departm!nts am awries am W1l m: thenfare result in any sigrificant emi'YUJ1l11!J'lttd inpaas. NOW, lHEREFORE, based on the above Findings, of Lake Elsinore DOES HEREBY REffi:MMEND TO Tentative Tract Map No. 33486. I hereby certify that the preceding resolution was adopted by the Planning CDnunission at a meeting thereof conducted on January 17,2006 by the following vote: AYES: CDnunissioners: O'NEAL, GONZALES, LAPERE NOES: Commissioners: LARIMER ABSENT: CDnunissioners: ABSTAIN: CDnunissioners: ATTEST: ~ Rolfe Preisendanz, Secretary to the Planning CDnunission RESOLUTION NO. 2006-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 217 DAVIS STREET WHEREAS, an application has been filed with the City of Lake Elsinore by Walter Ivancich requesting approval of a Minor Design Review for a Single Family Residence pursuant to Otapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), and Otapter 17.66 (parking Requirements) of the Lake Elsinore Municipal Code (LEMq and the Historic Elsinore Architectural Design Standards; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for Single Family Residential 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 January 17,2006. NOW 1HEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE 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 that this project is consistent with the Lake Elsinore Municipal Code and is exempt from further environmental clearance under Section 15303, Oass 3(a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of the project have been made as follows: 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 [J'IqJaed M imr Desigp Redew located at 217 Dam Strret ronplies Wth the ~ am dJjoctiw if the Gerx:ral Plan, in that the apf7YUU1l if the sirTJe-fatrily res~ Wll assist in cuhieUrg the deuJqmmt if a wll- Wlarmi am funtional mx if residential, wrmrrcial, inJustrial, cpen ~ nx:reatimal am institutianallam USf5 as wll as ermtragjng, the deuJqmmt am mtintenarxI! if a bra1d rarlf!! if hoosing typf5 far all inwr gratps arxl a~ categ>>ies. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The [J'IqJaed M imr Df5igp Redew located at 217 Dam Strret is ttpprqJriate in the size am s~ deuJqmmt in that the sirTJe-fatrily res~ Wll ronplenwt the quality if EXistirg deuJqmmt arxl Wll c:rede a mually plRasirr& mn-detraai'lE rri4tianship beturen the [J'IqJaed arxl EXistirgprcj<<ts in that the arrhitmural desi?f1, aior arxl maerials [J'IqJaed mft ar EXaRi the size am desigp if the hom!s in the s~ arm RESOLUTION NO. 2006- 10 J~lJAJtYI7,2006 Page 2of2 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The propa<<i M irK>>" Dt5igp Redew la:at:ed at 217 Da'lis Strret as rec.ieuBi arrJ anlitiamJ by all applicalie City Di'lisions and Departm?r1tS and A writs, Wl11tt haw a siff1ifU:ant ifJea an the em.irumrEnt pursuant to A rtide 19 (~Exelr{Jtions) and S<<tion 15303, Class 3(a) (NewOJnstruction or Om.ersion ifSmdl Structures) if the California E rrciranJrFntal Qdity Act (CE Q4). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. M irK>>" Dt5igp Redew if a sinJe farrily residerx:e la:at:ed at 217 Da'lis Strret has been ewluat<<i pursuant to S<<tion 17.82.100 (MirK>>" Dt5igp Recieu) if the Lake Elsimre Municipal Ca1e (LEMq and all aher applicalie Se:tions if the LEM C The prqoct W1S fani to be in rorrpliarre Wth all ~ and dJj<<ti715 if LEMC NOW, TIIEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Minor Des. Review for a Sin Ie Family Residence located at 217 Davis Street. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17,2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENf: Commissioners: ABSTAIN: Commissioners: A~ Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006- 11. A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-28 FOR THE APPROVAL OF A "FULL SERVICE" TOWING COMPANY AND OUTDOOR VEHICLE STORAGE AREA KNOWN AS TOWN AND COUNTRY TOWING LOCATED AT 18181 COLLIER AVENUE WHEREAS, an application has been filed with the Gty of Lake Elsinore by George Alongi, requesting the approval of a Conditional Use Permit 2004-28 for a "full service" towing company and outdoor vehicle storage area area; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered and approved the request by staff on February 7, 2006. NOW TI-IEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SEctION 1. The Planning Commission has considered the proposed request for Conditional Use Permit No. 2004-28 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code and determines that the project is exempt from the California Environmental Quality Act pursuant to Section 15332, In-Fill Development. SEctION 2. That in accordance with Chapter 17.74 (Conditional Use Permits)) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: FINDINGS - CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achiece a wil W1armi arxi furx:tianal rrix if residential, C1J1711rrCial, irrJustrial, open spaa?, r<<:rf?atianal arx:l institutionallarxi uses, staff has t:harrx.tiJly ewluat<<l the larxi use wnpatibility, mise, traffic arxi cxher emironrrmtal hazards niatai to the ~fXi Corditional Use Pemit for attdmr stora~ arws rrferr:rmi herein. A crorr1inJy, the ~fXi larxi use is in rorx:urrerre Wth the dJjeai:u?S if the GeJrral Plan am the ~e if the pla1111in6 district in 7ihidJ the site is la:ated 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood or the Gty. PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO. 2004-28 Page 2 of 3 In aax;rd Wth the fJUYlJaes if the C1Japter 17.74 (Onfitional Use Pemits) if the Lake Elsimre Municipal ~ the City redizm that the prqxEm oot:dror stora~ amt rr{ererml krein mry haw a paentiaJ to ~i:uJy irrpaa the wi/are if persons residing, or 'lH>>Ieirlg Wthin the mg,lurIxxxi or the City Cons~ this, staff has sumtantiatal that all applicalie City Departrrmts am A ~ haw lren afforded the opportunity for a ~ reUew if the use am haw irmrparated all applicalie wrrrrI!J1tS anl/ or carrlitions rriata1 to instal!dtian am mdrrtenarx:e if larxls~ strret dsiications, ~ if JXints if uhiaJar ingress am ~s am rontrd if paentiaJ nuisarm, so as to dininate any .w inpacts to the tprral health, safety, con{art, or tprral w:lfare if the s~ mg,lurIxxxi or the City 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC The prqxEm oot:dror stora~ amt rrferernd herein has lren dt3igrBi in cunsideration if the size am shape if the prrperty, thereby s~ am enharrint5 the immliate a>>rm!YCial am irxlustrial arw. The stora~ area has lren rer.ieuJd to ensure akjuate prmision if scrrening from the pullic rif/;ts-cfwry or adjarent propertU5. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The prqxEm oot:dror stora~ amt rr{ererml herein has lren rer.ieuJd as to Us rrlatian to the Wdth am type if pa7El11!17t rmIai to carry the type ani quantity if traffic tprratal, in that the City has adtr;uatdy er.nluat<<l the paentiaJ inpacts associaud Wth the prqxEm oot:dror stora~ prim to Us appruwl am has wrrliti.omi the prrjoct to re sen.Hi by ret:tds if akjuate capacity am dt3if!lZ starrlards to prudde reasanaJie aaI5S by car, trude, transit, am bUy:Je. 5. In approving the subject use located at Assessor Parcel Number 373-071-013 there will be no adverse affect on abutting property or the permitted and nonnal use thereof. The prqxEm use has lren tJ:Jorooiiy rer.ieuJd am wrrliti.omi by all applicalie City Departm!n/s am adside A~, di.nimtirrts the paentiaJ for any am all adrerse ifJ<<.ts an the abutting,prq;erty. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Soction 17.74.050 (A ction if the PIa'f11lirr6 OJrmission) if the Lake E Isimre Municipal Qx/e (LEMC), the Onfitional Use Pemit Na 2004-28 has lren sd:xrlulei for cunsideration am appruwl if the Pla'f11lirr6 OJrmissWn. U:\rpreisendanz\ Town & Country Towing\PC RESO alP.doc PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO. 2004-28 Page 3 of 3 NOW, 1HEREFORE, BASED ON 1HE ABOVE FINDINGS, 1HE PLANNING CDMMISSION OF 1HE aTY OF LAKE ELSINORE DOES HEREBY APPROVE CDNDlll0NAL USE PERMIT NO. 2004-28. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on February 7, 2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe M Preisendanz, Secretary to the Planning Commission U:\rpreisendanz\ Town & Country Towing\PC RESO CUP.doc CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE (Note: Fef5 listed in the Conditims if A ppruu;d are the ret l3timttes amildie at the tirrE! if appruu:U. The lXaa Ire arrwnls WIlle recieuIxl at the tinr ifbuildmgpemit issuanre ard rmy le raised) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the Gty), indemnify, and hold harmless the Gty, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the Gty, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the Gty, its advisory agencies, appeal boards, or legislative body concerning the, Industrial Project which action is bought within the time period provided for in California Government Code Sections 65009 and! or 66499.3 7, and Public Resources Code Section 21167. The Gty will promptly notify the Applicant of any such claim, action, or proceeding against the Gty and will cooperate fully with the defense. If the Gty fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Gty. PLANNING DIVISION 2. Design Review approval for Industrial Design Review No. 2004-10 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one (1) year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) rear period and shall continue to be valid upon a change of ownership of the site. 3. Prior to certificate of occupancy, the driveway, parking lots, vehicle storage area, perimeter and internal landscaping shall be completed as indicated on the approved plans. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission! Gty Council through subsequent action. 6. Structures shall be placed on-site as depicted on the site plan and! or as modified by the Community Development Director or designee. Planning Commission Approved February 7, 2006 Page 10f9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a six foot (6') decorative masonry wall with pilasters at the gates and comers of the wall. Six foot (6') opaque gates shall be required. 13. All storage areas shall be enclosed with a six foot (6') masonry wall (exterior split face/interior smooth block) and six foot (6') opaque gates per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per uty standards as approved by the Community Development Director. The trash enclosure shall be landscaped on three sides and allow for climbing vines. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be located inside the building. 17. The applicant shall use roofing materials with Class "N' fire rating. 18. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 19. Materials and colors depicted on the plans and Color and Materials Board shall be used unless modified by the applicant and approved by the Community Development Director or designee. Planning Commission Approved February 7, 2006 Page 2 of 9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. 22. All drive aisles and loading areas shall be kept free and clear of any materials/ merchandise so as not to obstruct on-site circulation and deliveries. 23. The applicant shall provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). Prior to Building/Grading Permits 24. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 25. The applicant shall revise the site plan and landscape plan to include a minimum six foot (6') wide planter at the center of each proposed parking row. The planter shall include a minimum of ground cover and one (1) twenty-four inch (24") box tree. 26. The applicant shall revise the site plan and landscape plan to include a five foot (5') setback area from the front setback boundary line to the rear boundary line. 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the Gty's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) Gtyfee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. Planning CDmmission Approved February 7, 2006 Page 3 of9 Gty CDuncil Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE b) Applicant shall plant street trees, selected from the Gty's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. d) Planting within fifteen feet (15) of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the Gty's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the Gty. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approvaVacceptance by the Landscape Consultant and Community Development Director or Designee. ~ All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. D Final landscape plan must be consistent with approved site plan. 19 Final landscape plans to include planting and irrigation details. 28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Planning Commission Approved February 7, 2006 Page 4 of 9 Gty Council Approved February 28, 2006 RESOLUTION NO. 2006-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING OTY COUNOL APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2004-04 FOR THE DESIGN AND ESTABLISHMENT OF A FULL SERVICE VEHIa..E TOWING AND STORAGE YARD AND AN ASSOCIATED PET CEMETERY LOCATED AT 18181 COLLIER AVENUE WHEREAS, an application has been filed with the Gty of Lake Elsinore by George Alongi to request the approval of Industrial Design Review No. 2004-04 for the design and establishment of a "full service vehicle towing and storage yard and an associated existing pet cemetery; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for industrial 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 7, 2006. NOW TIIEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Industrial Design Review No. 2004-04 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code (LEMq and determines that the project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMq the following findings for the project have been made as follows: FINDINGS - 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 ~ed Desifll Red.ew la:ated at 18181 Cdlier A W1Ue ronplies Wth the gWs ani dJjoctiws if the GeJrral Plan, in that the appruud if this inJustrial ~ Wl1 assist in aJieUrrg, the dec.dopnwt if a uell-Wlarml am fun:tianal rrix if nsidentia/, C1JI71I11ZYCial inJustrial, cpen spare, rocreatiornl ani institutional lani uses, di:rersifYirrt, Lake E lsimre's lfXJJ'KJf1ic bze 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The ~ed Desifll Red.ew la:ated at 18181 Cdlier A W1Ue is appropriate to the site ani surrwtrling deuJqmrnts in that the inJustrial ~ has bren ckigrRi in wnsideration if the size am shape if the PLANNING COMMISSION RESOLUTION DESIGN REVIEW NO. 2004-04 Page 2of2 prq;erty, therWy creating interest ani 'Utryi,rrg rdstds as a person mRl!S along the strret. Further the prrjoct as prcfJC$<<l Wl1 rotrplem!nt the quality if {Xis~ deuJoprrmt ani Wl1 create a rdsUtdly pleasir1& mn-detraaiw relationship ~ the prcfJC$<<l ani {Xis~ prrj<<1s in that the arr:hits:tural dtsim a:1or ani mtt:erids ani site dtsign prcfJC$<<l eciderre a rormn far quality ani aripjnality. 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 E miruntrEJ1/:tlJ Q/dlity A ct (CE Q4), the prcfJC$<<l Df5ign Redew loo:ttal at Assf5sor Parrel Nti1rkr 363-670-004, as rerieuai ani crnIitiorm by all applical:ie City DirdsWns ani Departm:nts ani Awm, Wl1 rrt haw a si?Pficant iffoct on the emirrJ11J1'Ellt pursuant to attadxrl Corrlitions if A pprow1 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Soctian 17. 82. 070 (A ction if the Plannirrg, Cormiss~ if the Lake E lsimre Municipal Cafe (LEMC), the prcfJC$<<l Df5ign Redew loo:ttal at 18181 Cdlier A'lE1'1Ue has ken sdxrJuki far wnsideration ani apprrll1Jl if the Pla1'1l1i:rf, Cormissian NOW, lHEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RECDMMEND TO lHE OTY CDUNOL APPROVAL of a Commercial Design Review No. 2004-04. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on February 7, 2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Cormnissioners: ABSTAIN: Cormnissioners: ATTEST: O'NEAL, LARIMER, GONZALES, LAPERE tW7?n Rolfe M Preisendanz, Secretary to the Planning Commission CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall comply with Section 17.78, Noise Control of the Lake Elsinore Municipal Code. 33. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. ENGINEERING DIVISION General Conditions: 34. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 35. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 36. 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. 37. An Encroachment Permit shall be obtained prior to any work on City right-of- way. 38. The applicant shall obtain an encroachment permit from Caltrans for all proposed work in State Route 74. 39. Street improvements, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and! or riverside county standards. 40. 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. Planning Commission Approved February 7, 2006 Page 5 of 9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 41. The applicant shall pay all applicable development impact! mitigation fees, including but not limited to 1UMF, MSHa>, TIF and area drainage fees. 42. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. "When either of these criteria is exceeded, drainage facilities shall be provided 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 44. 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. 45. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 46. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. 47. Roof drains shall not be allowed to outlet directly through coring in the street curb. 48. Roofs should drain to a landscaped area. 49. The applicant shall comply with all NPDES requirements in effect; including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 50. Gty 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 Gty Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or Planning Commission Approved February 7, 2006 Page 6 of 9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE waterways -without Regional Water Quality Control Board permit or waver - is s trietly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Pennit: 51. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Gvil Engineer for approval by the Gty Engineer. Developer shall mitigate any flooding and! or erosion downstream caused by development of the site and! or diversion of drainage. 53. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 54. The applicant shall obtain all necessary off-site easements for off-site grading and! or drainage acceptance from the adjacent property owners prior to grading permit issuance. 55. Applicant to provide erosion control measures as pan of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "N' in the Riverside County NPDES Drainage Area Management Plan. 56. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading penmts. 57. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stcmn water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction, which descnbes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Pennit: Planning Commission Approved February 7, 2006 Page 7 of 9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 58. Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to building permit. . 59. Dedicate full half width right-of-way for Collier Avenue. Right-of-way width shall be 60-feet as measured from the centerline of Collier Avenue to the proposed property line. 60. Construct the project driveway per County Standard No.207 A The driveway shall be right- in! out only and shall be provided with appropriate right-in! out signage. 61. Paycash-in-lieu of construction for half of the median on Collier Avenue. The amount shall be based on the engineer's estimate of one-half median for the frontage length of the project. 62. Comply with access requirements from the Fire Department. 63. Submit a "Will Serve" letter to the Oty 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. 64. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee, etc. Prior to Occupancy: 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 66. All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the Gty Engineer. 67. Site parking and onsite access to the project shall be completed. 68. Coordinate the construction of a street light with Southern California Edison consistent with the Gty Standard street light spacing. 69. Construct full half width street improvements on Collier Avenue such that the distance from the centerline to the curb face is 48-feet. Planning Commission Approved February 7,2006 Page 8 of9 Gty Council Approved February 28, 2006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-10 LOCATED AT 18181 COLLIER AVENUE 70. Construct transitions from the proposed project CuID line to the existing pavement to the north and construct a transition from the proposed CuID line transitioning to the existing curb line to the south. Transitions shall be made at a rate no less than 10:1. 71. Water and sewer improvements shall be completed in accordance with Water District reqUIrements. Planning Commission Approved February 7, 2006 Page 9 of 9 Gty Council Approved February 28, 2006 RESOLUTION NO. 2006-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 29226 GUNDER AVENUE, ASSESSOR PARCEL NUMBER(S) 378-083-004. WHEREAS, an application has been filed with the Gty of Lake Elsinore by Thomas A Dunn, requesting Minor Design Review of a Single-Family Residence; and WHEREAS, the Planning Cormnission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review for Single Family Residences; and WHEREAS, public notice of said application has been given, and the Planning Cormnission has considered evidence presented by the Conununity Development Department and other interested parties at a public hearing held with respect to this item on January 17, 2006 and February 7, 2006; NOW 1HEREFORE, the Planning Cormnission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Cormnission has considered the proposed request for a Minor Design Review for a Single Family Residence and has found it acceptable. The Planning Cormnission finds and determines that this project is consistent with Chapter 17.23 ("R-l) of the Lake Elsinore Municipal Code and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303; SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval have been made as follows: 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 prrpaed M imr Df5i8{l Redew la:atai at 29226 Gunder A 'lEflUe ronplil5 Wth the ~ am dJj<<tiw if the Genzral Plan, in that the ctpprucJJl if this sinJe-farrily nsiderrE W1l assist in achieUng the dereloprrmt if a 7lEi1-b:tlarmi am furxtianal rrix if nsidentidl, wmrI!Yf.itd, irxIustrial, open sJXKe, nrreational am institutional lam uses as 7lEi1 as en:mrafirfs the dereloprrmt am rmintenarre if a brwd ra"if if hcusing types far all irronr groops am a~~. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The prrpaed M imr Desi8{l Redew la:atai at 29226 Gunder A 'lEflUe is apprrpriate to the site am surraerxling deu:/qJrrmts in that the sin{je fanily !xJnr has bren dt5igrx:d in ronsideration if the size am shape if the prcperty, thereby ~ interest am mryirrg 'listas as a person rrIJU!S alarrg, the strret. Further the prrjoct as prrpaed W1l anplerrmt the quality if existing, dereloprrmt am W11 create a 'lisually pleasirr& non-detractiw RESOLUTION NO. 2006-13 Page 2of2 rdationship betueen the ~ed am existing prriocts in that the arrhitmural cksil!f1, cdar am maerials ~ed excm1s the size am cksiE!fl if the hams in the sunwnlirrg, area. 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 Odifamia E rrr.i:runm!ntal QIaliry A a (CE Q4), the ~ed M imr DesiE!fl Reriewkx:ated at 16395 Pierrat A W1Ue, as n?lieuJrJ am anlitiarm by all applical:ie City Dirdsions am DepartrrEr1tS am A~, Wll rK1: haw a sifl1ifirant tff<<t an the emironnrnt pursuant to A rtide 19 (Categorical Exemptions) amSoction 15303 (New Construction or Conversion ofSmaU Structures). 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Pursuant to Soction 17.82.100 (Mimr DesiE!fl Rerieu) if the Lake Elsimre Munidpal 0:x1e (LEMC), the ~ed M imr DesiE!fl Reriew kx:ated at 29226 GurrJer A W1Ue has been sdxrJWd am wnsidered far appruud by the Plaming Comnissian. NOW, lHEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE of the Minor Design Review for a Single-Family Residence located at 29226 Gunder Avenue. I hereby certify that the preceding resolution ad~pted by the Planning Commission at a meeting thereof conducted on February 7, 2006 by the f OWIng vote: Commission AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners 1\ Rolfe M Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-14 (Not Assigned) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF NEGATIVE DECLARATION NO. 2006-02 WHEREAS, Vicki Mata, Trumark Companies, has submitted an application for General Plan Amendment No. 2005-08, Zone Change (pre-Zone) No. 2005-09, and Annexation No. 75. The 246.4 acre site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan within parcels described as APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009,010,011,012, AND 013 for property identified as "Canyon Hills Estates"; and WHEREAS, Canyon Hills Estates is defined as a "project" by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Section 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entidement for use by one or more public agencies; and WHEREAS, Negative Declaration No. 2006-02 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approving Negative Declaration No. 2006-02; and WHEREAS, public notice of said applications 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 21, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Negative Declaration No. 2006-02, prior to making a decision to recommend approval to the City Council. The Planning Commission finds and determines that Negative Declaration No. 2006-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the project, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Negative Declaration No. 2006-02 have been made as follows: PLANNING COMMISSION RESOLUTION FOR NEGATIVE DECLARATION NO. 2006-02 Page 2 of2 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the prqject or has agreed to specific conditions which would avoid the effects of the prqject to a point where no significant environmental effects will occur. 2. There is no substantial evidence, in light of the whole record before the agency that the project as revised may result in a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented i?Y staff to the Planning Commission, the prqject will not have a significant effect on the environment considering the limited scope of the project. 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. The proposed prqject necessitated onlY a Negative Declaration, not a Mitigated Negative Declaration. No mitigation measures have been required as; all environmental impacts have been reduced to the level of insignificance i?Y project design. 4. The Negative Declaration reflects the lead agency's independent judgment and analysis. Ciry staff prepared Negative Declaration No. 2006-02. Together with a'!} comments received during the public review process, the Planning Commission exercised its independent judgment in considering Negative Declaration No. 2006-02, and making its recommendation. 5. Specify the location and custodian of the documents or other material constituting the record of proceeding. The Administrative Record for the project is located at Ciry Hall, 130 S. Main Street, Lake Elsinore, CA 92530. The project planner, Mr. Kirt A. Coury, is the custodian of the Administrative Record. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Negative Declaration No. 2006-02. ichael O'N eat, Chairman Lake Elsinore Planning Commission PLANNING COMMISSION RESOLUTION FOR NEGATIVE DECLARATION NO. 2006-02 Page 3 of2 I hereby certify that the preceding resolution had no action taken by the Planning Commission at a meeting thereof conducted on February 21, 2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER NOES: Commissioners: GONZALES, LAPERE ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-15 (Not Assigned) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2005-08 AMENDING THE CITY'S BOUNDARY TO INCORPORATE PARCELS SPECIFICALLY DESCRIBED AS (APN(S) 365-220-026, 365- 230-001, 005, 006, 007, 009, 010, 011, 012, AND 013 WHEREAS, Vicki Mata, Trumark Companies has initiated proceedings to amend the General Plan Land Use Map by requesting a General Plan Amendment changing the City's boundary to incorporate parcels known as Assessor Parcel Number(s) 365-220-026, 365-230-001, 005,006,007,009,010,011,012, AND 013; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved General Plan Land Use Map; 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 21, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed General Plan Amendment No. 2005-08, prior to making a decision to recommend that the City Council approve the proposed amendment to the City's boundary line. The Planning Commission fInds and determines that Negative Declaration No. 2006-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of ends City Council certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan Amendment No. 2005-08 have been made as follows: 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potential to be detrimental to the health, safery, comfort and we!fare of the persons residing or working within the neighborhood of the proposed amendment. The existing designation of Very Low Densiry Residential and Mountainous area is similar to the Rural Residential and Mountainous Residential designated in the Counry General Plan. Further, staff, concluded, that the proposal to develop the site under the Specific Plan designation assures that the development standards and design guidelines of the Specific Plan will be consistentlY applied. PLANNING COMMISION RESOLUTION FOR GENERAL PLAN AMENDMENT NO. 2005-08 Page 2 of3 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The existing City General Plan designation oj Very Low Density and Mountainous area are similar and consistent with the County's General Plan designation oj futral and Mountainous Residential. Therefore, there is little significant change to the anticipated land use for the site. 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, and constraints. The General Plan Amendment proposes a boundary acjjustment and would keep a designation in conformance with the existing City General Plan oj Very Low Density and Mountainous area, as well as be consistent with the County's General Plan designation ojfutral and Mountainous Residential. In addition, the density is appropriate for the site's development conditions because it accommodates a range oj site constraints, and permits a seamless integration with the acjjacent Cm!)lon Hills Specific Plan area, while remaining sensitive to the acjjacent rural residential land uses 4. The proposed General Plan Amendment will not have a significant effect on the envltonment. The General Plan Amendment does not propose a'!Y significant change to existing land use designations and will not result in a'!Y significant environmental impact. All environmental impacts have been reduced to the level oj insignificance I?Y prqject design and Negative Declaration No. 2006-02 has been prepared. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve General Plan Amendment No. 2005-08. chael O'N ea!, Chairman ake Elsinore Planning Commission I hereby certify that the preceding resolution failed for lack of a second motion by the Planning Commission at a meeting thereof conducted on February 21,2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: PLANNING COMMISION RESOLUTION FOR GENERAL PLAN AMENDMENT NO. 2005-08 Page 3 of3 A TrEST: / /l7n- , . Rolfe M. Prelsendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-16 (Not Assigned) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE (PRE-ZONE) NO. 2005-09 TO CHANGE THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 365-220-026, 365- 230-001, 005" 006, 007, 009, 010, 011, 012, AND 013 TO SP SPECIFIC PLAN SUBJECT TO COMPLETION OF THE ANNEXATION NO. 75. WHEREAS, Vicki Mata, Trumark Companies, has been filed an application to change the Zoning Designation of the parcels described as APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009,010,011,012, AND 013 to SP Specific Plan subject to the completion of Annexation No. 75; and WHEREAS, Vicki Mata, Trumark Companies, has submitted an additional application for Annexation No. 75, which is located adjacent to the City of Lake Elsinore's eastern border (immediately adjacent the Canyon Hills Specific Plan area) and is within the unincorporated boundaries of County of Riverside subject to the completion of Annexation No. 75; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved Zoning Map; 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 21, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Pre-Zone Change No. 2005-09, prior to making a decision to recommend that the City Council approve the proposed amendment to the Zoning Map. The Planning Commission finds and determines that Negative Declaration No. 2006-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects, based upon the following findings and determinations. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zone Change No. 2005-09 have been made as follows: 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. PLANNING COMMISSION RESOLUTION FOR ZONE CHANGE NO. 2005-09 Page 2 of2 The proposed Zone Change has been anafyzed relative to its potential to be detrimental to the health, saftry, comfort and we!fare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified!?J staff relates to the health and saftry of the persons residing or working within the neighborhood of the existing land use. Staff concluded, based on the properties saftry records, that the health and saftry of the persons residing or working within the neighborhood of the properry will not be degraded as a result of this project upon completion of the annexation. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). . Based on its analYsis, staff has concluded that the requested Zone Change, allowing the annexation of the subject properry as Specific Plan, is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the development of a well-balanced and functional mix of residential, !?J encouraging the inclusion of residential land use within the Ciry boundaries. NOW, THEREFORE, based on the above fIndings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Pre-Zone Change No.2005-09 subject to e completion of Annexation No. 75. I hereby certify that the preceding resolution had no action taken by the Planning Commission at a meeting thereof conducted on June 21, 2005 by the following vote: AYES: Commissioners: LAP ERE, LARIMER NOES: Commissioners: O'NEAL, GONZALES ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ R~lfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-17 (Not Assigned) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 75 APN (S) 365-220-026, 365-230-001, 005" 006, 007, 009, 010, 011, 012, AND 013 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. WHEREAS, Vicki Mata, Trumark Companies, has been flIed an application for the annexing of certain properties described as APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009, 010, 011, 012, AND 013 (246.4 acres) into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzbet;g Local Government Reorganization Act of 2000 (Government Code Section 56000-56001); and WHEREAS, The City of Lake Elsinore has submitted an additional application for Zone Change No. 2005-09, and is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and unincorporated boundaries of County of Riverside; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for annexations; 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 with respect to this item on February 21, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the request for the annexation (Annexation No. 75), prior to making a decision to recommend that the City Council commence proceedings to annex the subject territory. The Planning Commission finds and determines that Negative Declaration No. 2006-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of ends City Council certification, based upon the following findings and determinations. SECTION 2. That in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, Government Code Section 57082 and the City of Lake Elsinore the following fmdings for the approval of Annexation No. 75 have been made as follows: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. The proposed annexation area borders the Ciry of Lake Elsinore and is aC!jacent to the area identijied as the Ca'!)lon Hills Specific Plan area. The prqject proposes reasonable extension of the ciry boundary area in that PLANNING COMMISION RESOLUTION FOR ANNEXATION NO. 75 Page 2 of2 the annexation of the proposed parcels will not create any pockets or islands. The proposed annexation will help rectify an existing Ciry peninsula that was created when the Wildomar UC was detached from the Ciry's boundary. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The prqject will not have a significant effect on the environment and is consistent with the Ciry's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area. The proposed annexation consists of the removal of 246.4 acres of land from the Counry of Riverside's jurisdiction and placement of the same into the ciry limits of Lake Elsinore. The annexation area borders the Ciry of Lake Elsinore and is acfjacent to the area identified as the Canyon Hills Specific Plan area. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore commence proceedings for Annexation No. 75. I hereby certify that the preceding resolution failed for lack of a second motion by the Planning Commission at a meeting thereof conducted on February 21, 2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: olfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS "BROADSTONE RIVERS EDGE APARTMENTS". WHEREAS, a site specific focused survey for Narrow Endemic Plant Species is required by Section 6.1.2 of the Multiple Species Habitat Conservation Plan (MSCHP) for the purpose of developing a multi-family apartment complex; and WHEREAS, the City of Lake Elsinore evaluated the consistency of the project with the (MSHCP); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of adopting the Findings of Consistency with the MSHCP; and WHEREAS, the Planning Commission has considered and approved the request by staff on February 21,2006; and WHEREAS, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOL VE as follows: The Biological Survey Report prepared by PSOMAS. has been prepared, submitted and reviewed in accordance with requirements of the Multiple Species Habitat Conservation Plan (MSHCP). The report is complete and adequate in it's evaluation of all environmental effects of the project known as Broadstone Rivers Edge Apartments and will not preclude the implementation of the MSHCP goals, based on the following findings; FINDINGS-MULTIPLE SPEOES HABITAT CONSERVATION PLAN 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with; Protection of Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, S 6.1.3), Additional Survey Needs and Procedures (MSHCP, S 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, S 6.3.2), Vegetation Mapping (MSHCP, S 6.3.1) requirements, Fuels Management Guidelines (MSHCP, ~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). 2. The proposed project is subject to the Joint Project Review process. According to the Multi-Species Habitat Conservation Plan (MSHCP), the footprint of the project site is located within the Elsinore Area Plan. This Area Plan, the County's RCIP Website (see httv://www.rcip.orfI/mavs.htm). and the (MSHCP) Conservation Summary Report Generator Sheet for the Assessor Parcel Numbers (APN) see http://rcip.org/PDFlib/rciv/avn search. asp) show that the proposed project is located within Subunit 3, Proposed Linkage 8, and comprises a portion of Independent Cell No. 4743 of the Elsinore Area Plan and is subject to the City's Lake Elsinore's Acquisition Process (LEAP) process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to correspondence dated March 30, 2005, from PSOMAS "The proposed project site does not contain any jurisdictional areas or vernal pools". Accordingly, the project will achieve consistency with the requirements of the Riparian/Riverine Areas and Vernal Pools Guidelines of Section 6.1.2 of the MSHCP 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Multi-Species Conservation Plan (MSHCP) records indicate that as many as seven Narrow Endemic Plan Species could potentially exist on the project site. However, according to the Biological Assessment entitled "Habitat Assessment Report for Covered Sensitive Species and Habitats" prepared by PSOMAS on March 30, 2005, the site is dominated by non-native grasses including wild oats and broames. No plants indicative of saline or alkaline environments were observed onsite. Moreover, it was concluded that the occurrence of the plant species is inconsistent with the dense matting of non-native grasses that exist onsite. To assure that the plant species are not impacted by project development, as a condition of project approval, additional pre-construction surveys may be undertaken if determined necessary prior to commencement of grading activities onsite. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site falls within the Burrowing Owl Survey Area. However, it was determined that the species is not expected to occur on-site due to the lack of suitable habitat. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the Conservation Area. The proposed project is therefore consistent with the Urban/Wildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. This mapping is sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential development with a density of greater than 14.1 dwelling units per acre is $859 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP. The proposed project footprint complies does not preclude the implementation, procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY ADOPT the Findings of Consistency Se .on 6.1.2 of the MSHCP.. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on February 21,2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005- 12 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF "BROADSTONE AT RIVER'S EDGE APARTMENTS" A RESIDENTIAL APARTMENT COMPLEX, CONSISTING OF 184 TOTAL UNITS TO BE LOCATED WITHIN PLANNING AREA 6 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-210-001 AND 373-222-001, 005, 006. WHEREAS, an application has been filed with the City of Lake Elsinore by Angela Hill, Alliance Realty Partners LLC., to request the approval of Residential Design Review No. 2005- 12 for the design, construction and establishment of a residential apartment community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Design Reviews for projects within the East Lake Specific Plan; and WHEREAS, 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 February 21,2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Residential Design Review No. 2005-12 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the East Lake Specific Plan and the Lake Elsinore Municipal Code (LEMC) and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15162. SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The prcpaffi Residential Desigp Retiew Ia:ataJ Wthin Assessor Parrel Nzmber(s) 373-210-001 and 373-222-001,005,006 empIres Wth the ~ am d:Jjoctiw if the Gerual Plan, Eastlake SJXXific Plan am M ixffi Use zoning distria in that the appruu:d if this apartrrErTt CIJI'f1J1'Ul1iE W1l assist in adJieUrrg, the deuJoprrEnt if a uel1-Wlarmi am furxtional nix if residential, aJlm1!YCial, irxlustrial, q;en spcue, DESIGN REVIEW RESOLUTION Page 2 of 3 rarrational ani institutional lani uses as 7ilil as erxxuragirrg inJustrial lani uses to diwsify Lake E lsimre's fIDfKJlJic b:tse 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The ~ed Residential Desigp Redew la:at<<l at Assessor Parr:d Nwrber(s) 373-210-001 and 373- 222-001, 005, 006 is apprrpriate to the site ani surrr:urxling der.dqmmts in that the apartrrmt prrjoct has been desigml in consideration if the size ani shape if the prrperty, thereby creating interest ani wrying 'listas as a person mJl13 along the strret. F unher, the prrjoct as ~ed W1l rorrplerrmt the quality if elCisting deuioprrmt ani W1l crt'ate a 'lisually plRdsing, mn-detractiw rriationship betueen the ~ed ani elCisting prrjw:s in that the arrhilmural desifll, cdnr ani mlteria1s ani site desigp ~ed ec.iderxe a rorwn for quality ani ori?J,nality. 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 E ncirrJmrmtal QIality A ct (CE 04), the ~ed Residential Desigp Redew la:at<<l at Assessor Parr:d Nwrber(s), 373-210-001 and 373-222-001, 005, 006 as n?deaLd ani anlitiomi by all appliralie City Di'lisions ani DepartrrEnts ani A wries, Wl1 rrt haw a siPJ1ificant ifjixt on the emi:ronmnt pursuant to attathed Onlitions if APfJYUl.Ul. Additianally, staff has detemin.d that alti:JoogJ the subjoct prrjoct falls Wthin Criteria aJl4743 it is 7ilil attside the O:JnseruttimA?at identified by the Multiple Sptries HabiJat Plan ani W1l rrt wrrpronise the conseruttim [p1ls ani nuintenaru! if the habitat CXJf1nX:tions. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to SfXtion 17. 82. 070 (A ctWn if the Planning Comriss~ if the Lake E lsimre M unidpal O:xle (LEM q, the ~ed Irrlustrial Desigp Redew la:at<<l at Assessor Parr:d Nwrber(s) 373-210-001 and 373-222-001,005,006 has beenschedukrJforconsiderationaniappruu1l if the Planning Comrission. NOW, THEREFORE, based on the above Findings, the Planning Commissi of the City of Lake Elsinore DOES HEREBY APPROVE ofa e ial Design Revie o. R 2005-12. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on February 21, 2006 by the following vote: DESIGN REVIEW RESOLUTION Page 3 of 3 AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 91 ELM STREET, ASSESSOR PARCEL NUMBER(S) 373-221-003. WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting Minor Design Review of a Single-Family Residence; and ~HEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review for Single Family Residences; 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 March 7, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for a Minor Design Review for a Single Family Residence and has found it acceptable. The Planning Commission fInds and determines that this project is consistent with the purpose and intent of the East Lake SpecifIc Plan and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303; SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following fIndings for the approval have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan, East Lake SpecifIc Plan, and the Zoning District in which the project is located. The proposed Minor Design Review located at 91 Elm Street complies with the goals and oijectives of the General Plan, in that the approval of the singlejamify residence will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing !ypes for all income groups and age categories. In addition, the project is located with zoning designation Residential 3 (RES. 3) of the East Lake Specific Plan. The RES. 3 zoning district within the East Lake Specific Plan permits allows the development of single- famify detached dwellings and a'!} proposed singlejamify dwelling must compfy to all standards as set forth in Section 7.4.2 (Revisions to Residential 1 ). To the extent the design of the prqject and the proposed conditions of approval have reduced or eliminated project impacts, the proposed singlejamify house is consistent with the purpose and intent 0/ the RES. 3 zoning designation 0/ the East Lake Specific Plan. AGENDA ITEM PAGE OF RESOLUTION NO. 2006-22 Page 2 of3 2. The project complies with the design directives contained in Chapter VII (Design Guidelines) of the East Lake Specific Plan and all other applicable provisions of the East Lake Specific Plan and/ or the Lake Elsinore Municipal Code. The proposed Minor Design Review located at 91 Elm Street is consistent with surrounding development in that the singlefamify residence will complement the quality of existing development and will create a visualfy pleasing, non-detractive relationship between the proposed and existingprojects. Moreover, the architectural design, color and materials proposed meet or exceed the design of the homes in the surrounding area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review located at 91 Elm Street 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, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Minor Design Review of a single famify residence located at 91 Elm Street has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC), the East Lake Specific Plan, and all other applicable Sections of the LEMC. The project was found to be in compliance with all regulations and o~jectives ofLEMC. AGENDA ITEM PAGE OF RESOLUTION NO. 2006-22 Page 3 of3 NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE of the Minor Design Review for a Single-Family Residence located at 91 Ehn Street (APN: 373-221-034). I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: LaPere, Gonzales and O'Neal NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners None A~ , Rolfe M. Preisendanz, Secretary to the Planning Commission AGENDA ITEM PAGE OF RESOLUTION NO. 2006-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2005-02 FOR THE PROPERTY LOCATED AT 1250 COLE STREET. WHEREAS, an application has been filed with the Gty of Lake Elsinore by Pedro Lozano, to request a variance for the reduction of the side yard setback pursuant to Section 17.23.080(B)(1) "Side Yard Setbacks" of the LEMC from twelve feet (12') to five feet (5') for a single family residence to be located at 1250 Cole; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Variances for the requirements of the Zoning Code; 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 both on February 21,2006 and March 7, 2006. NOW 1HEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Variance No. 2005-01 and has found it acceptable. The Planning Commission finds and determines this project is consistent with the Lake Elsinore Municipal Code and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303. SECTION 2. That in accordance with Chapter 17.76 (Variance) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 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 propa<<i Vanam> la:at:<<l at 1250 Ok empties uith the gds am dJj<<ti'll5 if the Gem-al Plan, in that the ttppruu1l if this raiuaian in side )Urn set/We W11 assist in cuhieUrrg, the deuloprrmt if a 'T.Rlil-Wlarmi am .fim:tiornl rrix if rr:siderrtial, lam USlS as 'T.Rlil as ermuagjrlg the deuloprrmt am rmintenam> if a bmui ra"iJ! if hoosing types far all irrorrE ?fOOP5 am a~ cate;pries. Further, adequate anlitians am s~rris pursuant to S<<tion 17.76.050 if the Lake Elsimre MunUipal 0xJe (LEMC), haw bren irrorporatad in the ttppruu1l if the utriam> to insure deuloprrmt if the prrpert:y in aamd uith the dJj<<ti'll5 if the Gem-al Plan am the pttrpae if the planning district in 'lRhUh the site is la:atRd. A pprrmd if the Vanam> W11 aI1aw reasonal:ie deuloprrmt if the pnj<<t to b? built in aa:ordam> uith ultinm:e strret deiication am rifPt-cfwry rcquirenmts if the Gem-al Plan CiraJation E lerrmt am still rmintain deuloprrmt ronsisterry Wth aher rr:sidential chui1~ in the imrndiate amt. RESOLUTION NO. 2006-23 Page 2 of 3 VARIANCE NO. 2005-02 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The prrfJaed Vanara la:ataJ at 1250 Ole is apprrpriate to the site ani s~ deu1qmmts in that the prrfJaed sirrJe farrily ham! has bren di3igrxxl in ronsideratian if the size ani shape if the prcperty, therWy creating intere5t ani w:rying 'listas as a person rrmf5 along, the strret. In addition, the prqoct as prrfJaed Wll cmplerrrnt the quality if existing dec.dopnrnt ani Wll create a 'lisually pleasing 1'KJn-detractiw rrlationship ~ the prrfJaed ani existing prr!octs in that the ardi1:<<:tural di3igns, aiors ani mtteridls prrfJaed excmi the size ani di3ign if the hom:s in the s~ amt. 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 E mi:ronJ11?rltdl QIality Act (CE QA), the prrfJaed Variara la:ataJ at 1250 Ole, as redeooi ani anIitinmi by all applU:alie City Di'lisians ani DepartrmTts ani Awm, Wllrtt haw a significant iffoct on the emirannrnt in that the area in WidJ the prqoct is la:ataJ is rtt deternimi to be emi:ronm!J1tally sensiti7e pursuant to A rtide 19 (Categorical Exemptions) ani S<<tian 15303 (New ConstnJction or Conversion of SmaU StnJctures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to S<<tian 17.82.070 (Action if the Plarrnir1g, OJrmiss~ if the Lake Elsimre Municipal 0x1e (LEMC), the prrfJaed Vanara has bren sdx:rJukd far ronsideratian ani appruu1l by the Plarrnir1g, OJrmission. In addition, sp<<ial ciramlitarm, pursuant to the purpae if CMpter 17.76 (Vanarm), applU:alie to the subjoct property WidJ do rtt apply wrrally to a:her prqJeYties in the rxig,~ arx/, thertfore w-anlirr6 if this w.nara shallrtt ronstitute a W-ant if a sp<<ial ~ irmnsistent Wth the lirritations upon a:her prqJeYties in the Ucinity ani distria in WidJ the subjoct property is kx:at<<l. Further, apfJYUlirf, the w.nara from the stria interpretation if the Z~ Ordinara represents a nimr dedation from the Z~ 0x1e rxr:essary to.fUlfill the purpae if this CMpter ani enal:ie 'Yf'dSanalie dec.dopnrnt if the prrperty. NOW, 1HEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Variance No. 2005-02. RESOLUTION NO. 2006-23 Page 3 of 3 VARIANCE NO. 2005-02 I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: LAPERE, GONZALES O'NEAL NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe M Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006.24 A RESOLUTION OF THE PLANNING COMMISSION OF THE QTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT U50COLE, WHEREAS, an application has been filed with the Gty of Lake Elsinore by Pedro Lozano, requesting Minor Design Review of a Single-Family Residence; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving a Minor Design Review for Single Family Residences; 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 both on February 21,2006 and March7,2006. NOW TIffiREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECfION 1. The Planning Commission has considered the proposed request for a Minor Design Review for a Single Family Residence and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Chapter 17.23 ("R-1) of the Lake Elsinore Municipal Code and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303; SECfION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the have been made as follows: 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 fJ1'qJawi M irvr D5igp Reriew la:atal at 1250 Ole wnplits uith the wJs ard chja:ti7es if the Genzral Plan, in that the appruud if this sinJe-farrily residen:e uill assist in adJiedng, the derdoprrm if a udl-b:Jarml ard fwrtianal rrix if residential, lard USf5 as udl as ermuaging the derdoprrm ard mtintenarxe if a brwd ra~ if haising types far all irxxJrre g}W/JS ard a~ cattgJrie5. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The fJ1'qJawi M irvr D5igp Redew la:atal at 1250 Ole is apprrpriate to the site ard s~ deuiaprrmts in that the sin{je farrily ~ has bren dtsi?}'lfi in ronsideration if the size ard shape if the prqxmy, thereby creatirrg interest am mryirrg Usfas as a person rrmes alorrg, the strret. Further the prrj<<t as fJ1'qJawi uill wnplenrnt the quality if existirrg derdoprrm ard uill create a Usually pleasirl& mn-detraaiw relationship l:xro.ren the fJ1'qJawi ard existirrgprrjaxs in that the arrhiuttural dtsign, alar ard mtterials fJ1'qJawi excmis the size ard dtsigp if the hams in the s~ area. RESOLUTION NO. 2006-24 Page 2 of2 Minor Design Review 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incOlporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Pursuant to Strtian 17.82.100 (Mimr Df5ifPRecieu) if the Lake Elsimre Muni1ipaJ 0xIe (LEMC), the prq;a<<i Mimr Df5ifP Redew la:at<<i at 1250 Ole has am sd:1<<1uled and ronsidend far apprautl by the Planning Camnissian. NOW, TIffiREFORE, based on the above Fin<#ngs, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE of Minor Design Review for a Single-Family Residence located at 1250 Cole. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: LAPERE, GONZALES ONEAL NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners A~ Ro Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE APPROVAL OF COMMEROAL DESIGN REVIEW NO. 2005-09 TO ALLOW FOR THE DESIGN AND DEVELOPMENT OF A 13,692 SQUARE FOOT COMMEROAL RETAIL CENTER LOCATED ON 1.5 ACRES OF LAND FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCAYA STREET WHEREAS, Tom O'Meara, Timberline Commercial, has initiated proceedings to allow for the design and development of a 13,692 square foot commercial retail center located on 1.5 acres of land for property located at the southeast comer of Lakeshore Drive and Viscaya Street; and WHEREAS, the Planning Cormnission of the Gty of Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Council for Design Reviews; and WHEREAS, public notice of said application has been given, and the Planning Cormnission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 7, 2006; NOW lHEREFORE, the Planning Cormnission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Cormnission has considered proposed Commercial Design Review No. 2005-09 prior to making a decision to recommend that the Gty Council approve the proposed Design Review. The Planning Cormnission finds and detennines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the Gty Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with State Planning and Zoning law and the Gty of Lake Elsinore the following findings for the approval of Design Review No. 2005-09 have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan, the Zoning District and the Lakeshore Village Specific Plan in which the project is located. The -prcpaed CarmErriaJ Desifll Reriew krataJ at the sa/theast aJrfU if Lakeshare Dm.e ani Vi5at)U Strret ronplies Wth the ~ arri dJj<<tiu:s if the Gerrral Plan am the Lakeshare Vil1a[J! SJXrific Plan, in that the apfJYUU11 if this CarmErriaJ SIxppirrg Gnter Wll assi5t in adJi.ering the deuJoprrm if a 7fEi1-b:Jarml am PLANNING COMMISION RESOLUTION FOR COMMERQAL DESIGN REVIEW NO. 2005-09 Page 2 of3 fun;tiornl rrix if n:sidential, ~ industrial, cpen spa.a?, m.reaticml am insti1utional lam USt5, di'lEYSifjing, Lake E Isimre's eromnic Me. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The prcpaed prcj<<t la:atal at the sootheast aJf'fX?r if Lakt5hare Driw am Vi5at)tt Strret i5 appropriate to the site am surraerxling dec.eJqnrEnts in that the prcj<<t Wl1 wnstrua a aJI111'FYCial shopping renter in aa:ordarKE uith appropriate deuicprmrt am dt3if!!l standards ClJI1tatrm in the Lakt5hare VilJa~ S-pa::ifr Plan The prcj<<t creates interest am wrying 'lisfaS as a person 11'ml5 along any prcj<<t strret. The prcj<<t also ronplerrmts the quality if txi5tirrtt mg,baring, deuicprmrt am Wl1 wntinue to pradde 'lisually-plRasirlg dt3if!!l am arrhiteaure uithin the prcj<<t ami. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. StajJ has detenriml that this prcj<<t i5 wnsi5tent uith the Lakt5hare VilJa~ S-pa::ifr Plan Emirontrl?l1l:al deararKE am arnJ;si5 far the prcpaed application i5 praridtd by Miti~ NegJti7.e D<<iaration No 2003-03, uhUh WlS prepared far the Lakt5hare VilJa~ S-pa::ifr Plan Said emirontrl?l1l:al dtx::urrrnt WlS prepared in aa:ordarKE uith A rtide 6 if the CE Q4 Guiddins am WlS appraur1 by the city 0Mlril in 2003. The prcpaed prcj<<t i5 wnsi5tent uith the Lakt5hare VilJa~ S-pa::ifr Plan am therifare, da5 n:t wnJlict uith the ~ am discussions corrtainrl in the M iti~ N egJti7.e D<<iaratinn. Further emirontrl?l1l:al deararKE i5 n:t ?H:3sary 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to S<<tion 17.82.070 (Action if the Pla11J1ing Comrission) if the Lake Elsimre Municipal 0x1e (LEMC), the prcpaed Corrnrrcial Desif!!l Redew la:atal at the sootheast aJf'fX?r if Lakt5hare Driw am V i5at)tt Strret has l<<n sdxxlul<<i far wnsideration am appruwJ if the Pla11J1ing Comrission. NOW, 1HEREFORE, based on the above findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RECDMMEND that the Gty Council of the Gty of Lake Elsinore approve Commercial Design Review No. 2005-09. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: PLANNING COMMISION RESOLUfION FOR COMMEROAL DESIGN REVIEW NO. 2005-09 Page 3 of3 AYES: Commissioners: O'NEAL, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATIEST: ~ Rolfe M PrelSendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-20 FOR THE ESTABLISHMENT OF OUTDOOR DINING FOR PAD "N' FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCAYASTREET WHEREAS, Tom O'Meara, Tunberline Commercial, has initiated proceedings to request the approval of Conditional Use Permit No. 2005-20 for the establishment of outdoor dining for Pad " A>> for property located at the southeast comer of Lakeshore Drive and Viscaya Street; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; 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 March 7, 2006; NOW 1HEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit 2005-20 prior to approval. The Planning Commission finds and determines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the Gty Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with State Planning and Zoning law and the Gty of Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005-20 have been made as follows: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the pwpose of the planning district in which the site is located. In order to adiece a wit Wl4rmi arxi furx:tiornl rrix if residential, wrmrrriaJ, irxlustrial, open spaa1, rrm>atianal am institutional lam USlS, stajfhas thafw;jJiy eu:tluatai the larri use wrrpatibility, mise, trajJic am a:her emi:rrJrrnrntal hazards rrJaud to the propa<<i 0n1itianal Use Pernit far a1Dltdror tlining, area la:ataJ at the sattheast aJrr1!:Y ifLaklSOOre Dri:r.e am Visat)tt Strret. AcrordirrJy, the propa<<i lard use is in rorx:urrerx:e Wth the dJjfXtiw; if the GeJrral Plan, the LaklSOOre Villaf!? Sprojic Plan, am the purpae if the plarrning district in 'lRhUh the site is kraud PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-20 Page 2 of3 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood or the Gty. In aarnd uith the purfJat5 if the 0Japter 17.74 (Conditional Use Pennits) if the Lake Elsimre M uniapal Oxk the CiEy rraliz<<l that the prcfJa<<l aitdoor dining, am:t la:ated at the saa:heast aJrrl!r if Lakt5hare Driw am V~cay:t Strret: mry haw a paentid to ~ irrpaa the'lHifare if pmons miding or mirlg Wthin the mg,barIxxxl or the c~ 0Jns~ this, staff has substantiated that all applU:aJie CiEy Departrrmts am Awm haw bren aJ.!ard<<l the cppartuniEy far a thorat[jJ retiew if the use am haw irmrporatai all applU:aJie CD1111'l:rTtS arrl/ or anIitions rdatai to installatian am rruintenarre if larrlsC'ttfJin& strret: d<<lirations, ~ if JXints if'lIhiaJdr ingress amlgrl5s am corrtrd if paentid nuisarm, so as to elininate any ~ inpaas to the wrral health, safety, wrrfort, or wrral 'lHifare if the surmtrrling, mg,barIxxxl or the c~ 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC The prcfJa<<l aitdoor dining, amt la:ated at the saa:heast aJrrl!r ifLakt5hare Dme arx1 V~cay:t Strret: has bren dt5i[p.d in cunsideration if the size am shape if the prrperty, thereby strer1f!!hening am emarKing, the immliate ClJfm1!YCial amtS. Further, the pnjoct as prcfJaffi, W1l wnplerrrnt the quality if ex;~tirlg deu1qmrnt am W1l create a Usually plRasirr& mn-detraaiw niatianship beturen the prcfJa<<l am ex;~tirlg pnj<<ts, in that the prcfJa<<l USt5 haw bren rerieutri to ensure ~ pradsion if scrreningfrom the puJiic rigm-cfwty or adjarent prcpertU5. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The prcfJa<<l aitdoor dining, amt la:ated at the saa:heast aJrrl!r ifLakt5hare Dme am V~cay:t Strret: has bren 1t?lieuai as to its reIatian to the Wdth am type if pa'lE11'El1t rmla:l to amy the type am quantity if trajJk wrrat<<l, in that the city has adtrjuately euduat<<i the paentid inpaas associated uith the prcfJa<<l USt5 prior to its ctpprrJUJ1 am has anIitiomi the pnjoct to le serwi by rwds if ~ capacity arx1 dt5igrz. starxlards to prudde mtSanaJle aaJ!SS by car, tmt:k, transit, am bic;de. 5. In approving the subject use located at the southeast comer of Lakeshore Drive and Viscaya Street there will be no adverse affect on abutting property or the pennined and normal use thereof. The J7rqJatxl use has bren t:harrMJiy redecaxi am rorrlitUnrl by all applia:thle City DepartrrEnts arrl attside A wm, elininating the paentid far any am all adr.erse ifjirts an the abuttirlgprqxmy. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Pennit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Soction 17. 74.050 (Action of the Planning Commission) if the Lake E Isimre Muniapal 0xJe (LEMC), the prcfJa<<l aitdoor dining, amt la:ated at the saa:heast aJrrl!r if Lakt5hare Dme am V ~cay:t S trret: has bren sdxr:lula1 far cunsideration am ctpprrJUJ1 if the Planning OJrmission. PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-20 Page 3of3 NOW, TI-IEREFORE, based on the above findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-20. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATIEST: ~ Rolfe M Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2005-07 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE ANDVISCAYASTREET WHEREAS, an application has been filed with the Gty of Lake Elsinore by Tom O'Meara, Timberline Commercial, to request the approval of Variance 2005-07, for the reduction in the building, parking and landscaping setbacks along Lakeshore Drive; and WHEREAS, the Planning Conunission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Variances for the requirements of the Zoning Code; and WHEREAS, public notice of said application has been given, and the Planning Conunission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 7, 2006; NOW TIIEREFORE, the Planning Conunission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Conunission has considered the proposed request for Variance No. 2005-07 and has found it acceptable. The Planning Conunission finds and determines that that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the Gty Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with Chapter 17.76 (Variances)) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: 1. That adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the purpose of the planning district in which the site is located. The J>>qJaad Varianr la:at<<l at the sattheast aJrI'K!Y if La/ushore Dri:r.e am V tS~ Street wnplies Wth the guls am dJj<<ti:u:s if the Gerrral Plan, in that the appruwl if this mluaion in ~ parkirlg am larrlscapir1g set/wk [rum 20 [ext a7EYawam 15 fa:t ninimIm to 10 feet W1l assist in adJierirrg, the ~ if a wil-b:darml am jim:tional rrix if re;idential, CXJm'lFrCial, irxlustrial, cpen space, nr:reatianal am institutianallam US(5 as wil as erxntragjrrg, CXJJmErciallam US(5 to di'T.eYSify Lake E Isimre's rmmnic ktse Fwther, adtrjuate a:nlitions am safil!#ards pursuant to Strtion 17.76.050 if the Lake Elsimre MunUipal 0xIe (LEMq, haw ham irx:urparated in the appruwl if the mrianr to insure ~ if the prrperty in aamd Wth the dJj<<ti:u:s if the Gerrral Plan, the Lak(5hare VillaW Sprofic Plan, am the purpae if the planning distria in uhUh the site is kratad. A ppruutl if the Varian:e W1l allaw the prrjoct to be built in PLANNING COMMISSION RESOLUTION FOR VARIANCE NO. 2005-07 Page 2 of 3 acmrdarn! Wth ultimlte strret d<<1ication am rign.cfwry ~ am still mtintain der.e/qmmt ronsisterry Wth aher ClJIml?YCial ~ in the imrRIiate ar& 2. That there are special circumstances, pursuant to the ptupose 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 prrpa<<i Variarn! kx:aud at the sa/theast ronrr if Lakeshare Driw arri Visfa)l:t Strret is apprq>>iate to the site am s~ deuJqmmts in that the prrpa<<i ClJIml?YCial sJxwirrt, renter has been dt5igml in ronsideration if the size shape am tqxwaphy if the prrperty, thereby creating interest am w,ryirrg 'listas as a petsan mJU!S along the strret. The prcj81: as prrpawl, Wl1 ronplenrnt the quality if ex;is~ der.e/qmmt am Wl1 crrate a 'lisually plmsin& mn-detractire rd4tionship ~ the prrpa<<i am ex;is~ prcj81:S in that the building orientation am setb:uJes, as 'l1Ril as arr:hiartural dt5ign, alar am mtteriaIs am Wl1 rK1: ronstitute a grant if sp<<ial pri:dleg;s irmnsistent Wth the lirritations upon aher prcperti6 in the Ucinity am district in WUh the suhj81: prcj81: is la:ated 3. That in approving the Variance, any reductions authorized from the strict intetpretation of the Zoning Ordinance represents the minimum deviation from the G>de necessary to fulfill the ptupose of this Chapter and enable reasonable development of the property. In granting a mluctian if the ~ parking am larKiscaping setb:uJes along Lakeshare Dri7e, the city has clet:errrimd that the r<<jUe5t far a w,riarn! Wl1 represent the rrininwn deriatian from the 0xIe nmsary to fiJfill the~e if the Lakeshare Villa~ Sp0ci/i4 Plan am enalierrasanahleder.e/qmmt iftheproperty. NOW, TI-IEREFORE, based on the above Findings, the Planning G>mmission of the Gty of Lake Elsinore DOES HEREBY APPROVE Variance No. 2005-07. I hereby certify that the preceding resolution was adopted by the Planning G>mmission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: G>mmissioners: O'NEAL, GONZALES, LAPERE NOES: G>mmissioners: ABSENT: G>mmissioners: ABSTAIN: G>mmissioners: PLANNING COMMISSION RESOLUTION FOR VARIANCE NO. 2005-07 Page 3 of 3 ATTEST: RESOLUTION NO. 2006-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING SIGN PRCXiRAM NO. 2005-02 FOR THE COMMEROAL SHOPPING CENTER KNOWN AS THE VISCAYA VILLAGE CENTER LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCAYASTREET WHEREAS, Tom O'Meara, Timberline Commercial, has initiated proceedings for Sign Program No. 2005-02; and WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of approving Sign Programs; 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 March 7, 2006; NOW 1HEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered proposed Sign Program 2005-02 prior to making a decision for approval. The Planning Commission finds and determines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the Gty Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with State Planning and Zoning law and the Gty of Lake Elsinore the following findings for the approval of Sign Program No. 2005-02 has been made as follows: 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 prq;aai Sign Prugramfor the Cormrrcial Shopping Center krmm as the Wscap WUage Center empties uith the fP1ls am dJj81iw if the GeJrral Plan, Lake5hore Vilktw SJXrific Plan, am the plarrning distria: in WJich the site is la:ataJ, in that the apf7YUU1l if this Sign Prugram Wll assist in adier.ing, the decdoprrml if a 7iEl1.b:JarmJ am.fim:tiornl rrix if residential, rorrm:rr:ial, inJustrial, cpen s~ m:reational am institutiornllam USe5, di'lEYSifying Lake E Isimre's wmnic fuse 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. PLANNING COMMISSION RESOLUTION FOR SIGN PROGRAM NO. 2005-02 Page 2of3 The fJ"fC!Jaed Sign PrrYgram far the Comm?rr:iaJ s~ Center krmm as the I1scaya I1Uage Center is apprcpriate to the site ani sunwn1ing, deuJqmmJs in that the Sign Prugram far I1scaya I1Uage Center has lxm. dt3igmi in wnsideration if the size am shape if the prqxmy, thereby creating interf5t am Ulryi.rf6 'tistas as a person mJU3 along the strret. Further the prcj<<t as fJ"fC!Jaed W1l a>>rplenmt the quality if existUf5 deuJqmm am W1l create a 'tisually p!ms~ mn-detractiw rrlationship beturez the fJ"fC!Jaed am existUf5 prcja:ts in that the arrhitatural dt3igp, alar am mderials am site dt3ign prq;aed eri.dern! a rormn far quality am originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Staff has deJ:enriml that this prcj<<t is wnsistent Wth the Lake5M Villa~ S~ Plan. E mirarrnrntal dearan:e am amJ;sis far the prq;aed appliration is prodded by M itigued N egttiw Dedaration N a 2003-03, 7ihidJ WJS prepared far the Lake5M Villa~ S~ Plan. Said emirrJnnrrrtaJ da:um!I1t WJS prepared in aavrrlan:e Wth A rtide 6 if the CE Q4 Guiddim; am WJS apprmad by the City Caux:il in 2003. The prq;aed prcj<<t is wnsistent Wth the Lake5M Villa~ S~ Plan am thenfare, da:s m wrflia Wth the ~ am disalSSWns wntaim:i in the M itigued N ftPliw Dedaratian. Further emirrJ11111?J1tal dearan:e is m mESsary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to S<<tion 17.82.070 (A ction if the Planning OJmriss~ if the Lake E lsinJre Munitipal Oxie (LEMC), the prq;aed Sign PrrYgram far the Comm?rr:iaJ S~ Center krmm as the I1scaya I1Uage Centerhas lxm. sdJeduled far wnsideration am appruud if the Planning OJmrission. NOW, 1HEREFORE, based on the above findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY approve Sign Program No. 2005-02. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: PLANNING COMMISSION RESOLUTION FOR SIGN PROGRAM NO. 2005-02 Page 3 of3 ATTEST: ~~ , -' Rolfe M Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006- 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 31118 WISCONSIN STREET (APN: 379-202-017). .WHEREAS, an application has been filed with the City of Lake Elsinore by Jose Cesar, requestlng approval of a Minor Design Review for a single-family residence at 31118 Wisconsin Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), and Chapter 17.23 (R-1, Single Family Residential District) 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 Single Family Residential 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE 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 that this project is consistent with the Lake Elsinore Municipal Code and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of the project have been made as follows: 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 proposed Minor Design Review located at 31118 Wisconsin Street complies with the goals and ol?jectives of the General Plan, in that the approval of the singlejami/y residence will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance 0/ a broad range 0/ housing (ypes Jor all income groups and age categories. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review Jor a singlejami/y residence located at 31118 Wisconsin Street is appropriate in size and sUmJunding development in that the singlejami/y residence will complement the quali!J of existing development and will create a visuallY pleasing, non-detractive relationship between the proposed and existing prq/ects in that the architectural design, color, and materials proposed meet or exceed the size and design of the homes in the sUmJunding area. RESOLUTION NO. 2006-29 APRIL 4, 2006 Page 2 of2 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review of a singlefamify home located at 31118 Wisconsin Street as reviewed and conditioned !?J all applicable City Divisions and Departments and Agencies, wzll not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15303, Class 3(a) (New Construction or Conversion of Small Structures) of the CalifOrnia Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. The proposed Minor Design Review of a singlefamify residence located at 31118 Wisconsin Street has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable sections of the LEMC. The project was found to be in compliance with all regulations and oijectives of the LEMC. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Minor Design Review r a Single Family Residence located at 31118 Wisconsin Street. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: Larimer, Flores, Gonzales and O'Neal NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: ~. Rolfe Preisendanz, Secretary to the Planning Commission P:\MDR ofSFR@31118 Wisconsin St\PC Reso for 31118 Wisconsin St..doc n ,: , RESOLUTION NO. 2006- 30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF. LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF TWO SINGLE FAMILY RESIDENTIAL UNITS LOCATED AT 16659 & 16667 ARNOLD STREET. WHEREAS, an application has been filed with the City .of Lake Elsinore by Antoun Fata, requesting approval of a Minor Design Review for two Single-Family Residential units; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving a Minor Design Review for Single Family Residences; 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 April 4, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for a Minor Design Review for the development of two Single-Family Residential units and has found it acceptable. The Planning Commission fInds and determines that this project is consistent with Chapter 17.23 (R-1, Single Family Residential District) of the Lake Elsinore Municipal Code (LEMC) and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303; SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following flndings for the have been made as follows: 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 proposed MinorDesign &view fOr the development of two (2) singlefamify residential units to be located at 16659 & 16667 Arnold Street complies with the goals and objectives of the General Plan, in that the approval of this singlefamify residence will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types fOr all income groups and age categories. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design &view fOr the development of two (2) singlefamify residential units to be located at 16659 & 16667 Arnold Street are appropriate to the site and surrounding developments in that the single famify home has been designed in consideration of the size and shape of the propertY, thereb creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of Agenda Item No. Page_of_ II Ii II RESOLUTION NO. 2006",,30c~ PAGE NO.2 of2. existing development and will create a visually pleasing, non-detractive 1'Iilationship between the proposed and existing prrjects in that the architectural design, color and materials proposed exceeds the size and design of the homes in the surrounding a1'lia. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsino1'li Municipal Code (lEMC), the proposed Minor Design Review fOr the development of two (2) singlefamily 1'Iisidential units to be located at 16659 & 16667 Arnold Stmt has been scheduled and conside1'lidfOrapproval by the Planning Commission. NOW, THEREFORE, based on the above Findings, the Pia . g Commission of the City of Lake Elsinore DOES HEREBY APPROVE of the Minor Desi eview for the development of two single-family residential units to be located at 1 16667 rnold Street. 'chae O'Neal, Chairman Lake.Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: 0 I NEAL, GONZALES, FLORES & LARIMER NOES: Commissioners: NONE ABSENT: Commissioners: NONE ABSTAIN: Commissioners NONE A~ ltolfe Preisendanz, Secretary to the Planning Commission Agenda Item No. Page_of_ RESOLUTION NO. 2006-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 418 EAST HILL STREET WHEREAS, an application has been filed with the City of Lake Elsinore by Josh Schmiderer requesting approval of a Minor Design Review for a Single Family Residence pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), and Chapter 17.66 (parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for Single Family Residential 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE 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 that this project is consistent with the Lake Elsinore Municipal Code and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following fIndings for the approval of the project have been made as follows: 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 proposed Minor Design Review located at 418 East Hill Street (APN 377-312-004) complies with the goals and oi?jectives of the General Plan, in that the approval of the singlefamify residence will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing !ypes for all income groups and age categories. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review located at418 East Hill Street (APN 377-312-004) is appropriate in the size and surrounding development in that the singlefamify residence will complement the quality of existing development and will create a visualfy pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials proposed meet or exceed the size and design of the homes in the surrounding area. .. RESOLUTION NO. 2006- 31 APRIL 4, 2006 Page 2 of2 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review located at 418 East Hill Street (APN 377-312-004) as reviewed and conditioned I?Y all applicable CifY Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15303, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental QualifY Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. Minor Design Review of a single familY residence located at 418 East Hill Street (APN 377-312-004) has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable Sections of the LEMC. The prq/ect was found to be in compliance with all regulations and o!?Jcctives ofLEMC. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Minor Desi Review for a Single Family Residence located at 418 East Hill Street (APN 377-312-004). I hereby certify that the preceding resoluti 'was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: Larimer, Flores, Gonza les and O'Neal NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-10 FOR THE ESTABLISHMENT OF "MARINA VILLAGE" A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE NORTHEAST CORNER OF LAKE SHORE DRIVE AND SPRING STREET, ASSESSOR PARCEL NUMBER(S) 374- 271-003,004,007,013,015 AND 016. WHEREAS, an application has been filed with the City of Lake Elsinore by Chris Faber, D.R. Horton Inc., to request the approval of Conditional Use Permit 2005-10, for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits for residential 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Conditional Use Permit No. 2005-10 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Historic Elsinore Architectural Design Standards and the Lake Elsinore Municipal Code (LEMC). In addition, the Planning Commission finds and determines that the Mitigated Negative Declaration No. 2005-11 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Conditional Use Permit based upon the following findings and determinations: PLANNING COMMISSION RESOLUTION NO. 2006- 32 PAGE NO.2 OF 4 SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC) the following findings for the project have been made as follows: FINDINGS - CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit for a Condominium Community located at Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015 and 016. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes of the Chapter 17. 74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed condominium use located at Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015 and 016 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. PLANNING COMMISSION RESOLUTION NO. 2006- 32 PAGE NO.3 OF 4 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC and the Historic Elsinore Architectural Design Guidelines. The proposed condominium use located at Assessor Parcel Number(s) 374- 271-003,004, 007, 013, 015 and 016 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. 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 condominium community has been reviewed to ensure adequate provision of screening from the public rights-of-way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed condominium use located at Assessor Parcel Number(s) 374- 271-003, 004, 007, 013, 015 and 016 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed condominium community prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number(s) 374-271- 003, 004, 007, 013, 015 and 016, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use PLANNING COMMISSION RESOLUTION NO. 2006- 32 PAGE NO.4 OF 4 Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the condominium community located at Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015 and 016 has been scheduled for consideration and approval of the Planning Commission. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-10. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, FLORES NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2005-11 FOR MARINA VILLAGE RESIDENTIAL CONDOMINIUM PROJECT WHEREAS, D. R. Horton Inc., has submitted an application for Tentative Condominium Map 33820, Conditional Use Permit No. 2005-10 and Residential Design Review No. 2005-11 for Marina Village residential condominium project. The 5.8 acre site is located at the northeast comer of Lakeshore Drive and Spring Street; and WHEREAS, Marina Village is defined as a "proj ect" by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Section 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2005-11 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approving Mitigated Negative Declaration No. 2005-11; and WHEREAS, public notice of said applications 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO. 2005-11 Page 2 of3 SECTION 1. The Planning Commission has considered the proposed Mitigated Negative Declaration No. 2005-11, prior to making a decision to recommend approval to the City Council. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005-11 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the project, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No. 2005-11 have been made as follows: 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. Mitigation measures have been required which will reduce significant environmental impacts to the level of insignificance. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Mitigated Negative Declaration No. 2005-11. PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO. 2005-11 Page 3 of3 I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, FLORES NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: /lmh--- Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006-34 A RESOLUTION, OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 33820 FOR "MARINA VILLAGE" A RESIDENTIAL CONDOMINIUM COMMUNITY TO BE LOCATED AT THE NORTHEAST CORNER OF LAKE SHORE DRIVE AND SPRING STREET, ASSESSOR PARCEL NUMBER(S) 374-271-003, 004, 007, 013, 015 AND 016. WHEREAS, an application has been filed with the City of Lake Elsinore by Chris Faber, D.R. Horton Inc. to request the approval of Tentative Condominium Map No. 33820 for the establishment of a residential condominium community; and WHEREAS; the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Tentative Condominium Map No. 33820 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA), and the Lake Elsinore Municipal Code. In addition, the Planning Commission finds and determines that Mitigated Negative Declaration No. 2005-11 is adequate and prepared in accordance with the requirements of the California Environmental PLANNING COMMISSION RESOLUTUION NO. 2006-34 PAGE 2 OF 3 Quality Act (CEQA) which analyzes environmental effects of the Condominium Map based upon the following findings and determinations: SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), the following findings for the approval of the condominium map has been made as follows: FINDINGS - CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) as well as provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. PLANNING COMMISSION RESOLUTUION NO. 2006-34 PAGE 3 OF 3 NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Tentative Condominium Map No. 33820. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: O'NEAL, GONZALES, FLORES NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ~ Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2005-11 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF "MARINA VILLAGE" A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE NORTHEAST CORNER OF LAKSHORE DRIVE AND SPRING STREET, ASSESSOR PARCEL NUMBER(S) 374-271-003, 004, 007,013,015 AND 016. WHEREAS, an application has been filed with the City of Lake Elsinore by Chris Faber, D.R. Horton Inc., to request the approval of Residential Design Review No. 2005-11 for the design, construction and establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for residential 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 April 4, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Residential Design Review No. 2005-11 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Historic Elsinore Architectural Design Standards and the Lake Elsinore Municipal Code (LEMC). In addition, the Planning Commission finds and determines that Mitigated Negative Declaration No. 2005-11 is adequate and prepared in accordance with the requirements of the California Environmental PLANNING COMMISSION RESOULTION 2006-35 PAGE20F3 Quality Act (CEQA) which analyzes environmental effects of the Residential Design Review based upon the following findings and determinations: SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: FINDINGS - 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 proposed Residential Design Review located within Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015, 016, complies with the goals and objectives of the General Plan, in that the approval of this Condominium Community will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015, 016, is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. 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 architectural design, color and materials and site design proposed evidence a concern for quality and originality. 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 located at Assessor Parcel Number(s) 374-271- 003, 004, 007, 013, 015, 016" as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant PLANNING COMMISSION RESOUL TION 2006-35 PAGE30F3 effect on the environment pursuant to attached Mitigation Measures and Conditions of Approval. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review located at Assessor Parcel Number(s) 374-271-003, 004, 007, 013, 015, 016, has been scheduled for consideration and approval of the Planning Commission. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Residential Design Review No. R 2005-11. ichael O'Neal, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 4, 2006 by the following vote: AYES: Commissioners: o I-NEAL, GONZALES, FLORES NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe Preisendanz, Director of Community Development RESOLUTION NO. 2006-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 29960 ILLINOIS STREET (APNs 375-023-005 AND 006) WHEREAS, an application has been submitted by Hector Zubieta, requesting approval of a Minor Design Review for a single-family residence at 29960 Illinois Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements), and Chapter 17.23 (R-1, Single Family Residential District) of the Lake Elsinore Municipal Code (LEMC); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the final approval authority for Minor Design Review requests for Single Family Residential 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 April 18, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under a Class 3(a) categorical exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs. ~ 15303) under the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with LEMC Chapter 17.82 (Design Review) the Planning Commission makes the following findings: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the proj ect is located. The proposed Minor Design Review located at 29960 Illinois Street complies with the goals and objectives of the General Plan, in that the approval of the single-family residence will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. PLANNING COMMISSION RESOLUTION NO. 2006-36 PAGE20F3 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the LEMC. The proposed Minor Design Review for a Single-Family Residence located at 29960 Illinois Street is appropriate in size and surrounding development in that the single- family residence will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects. Tthe architectural design, color, and materials proposed meet or exceed the size and design of the homes in the surrounding area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review of a single-family home located at 29960 Illinois Street as reviewed and conditioned by all applicable city divisions, departments and agencies, will not have a significant effect on the environment pursuant to a Class 3(a) categorical exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs. S 15303) as set forth in the California Environmental Quality Act Guidelines. 4. Conditions and safeguards pursuant to Chapter 17.82.100 of the LEMC, 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 17.82. The proposed Minor Design Review of a single-family residence located at 29960 Illinois Street has been evaluated pursuant to LEMC Section 17.82.100 (Minor Design Review) and all other applicable sections and was found to be in compliance with all regulations contained therein. SECTION 3. The Planning Commission has considered the proposed design for the single family residence and hereby approves the Minor Design Review for a single family residence located at 29960 Illinois Street (APNs 375-023-005 and 006). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: PLANNING COMMISSION RESOLUTION NO. 2006-36 PAGE30F3 AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 219 E. PECK STREET (APN 373-023-005) WHEREAS, an application has been submitted by Hector Zubieta, requesting approval of a Minor Design Review for a single-family residence at 219 E. Peck Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements), and Chapter 17.23 (R-l, Single Family Residential District) 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 Single Family Residential Projects; and WHEREAS, public notice of the 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 April 18, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under a class 3(a) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs. ~ 15303) pursuant to the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with LEMC Chapter 17.82 (Design Review, the Planning Commission makes the following findings: 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 proposed Minor Design Review of a single-family residence located at 219 E. Peck Street complies with the goals and objectives of the General Plan, in that the approval of the single-family residence will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. PLANNING COMMISSION RESOLUTION NO. 2006-37 PAGE 2 OF 3 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the LEMC The proposed Minor Design Review for a Single-Family Residence located at 219 E. Peck Street is appropriate in size and surrounding development in that the single-family residence 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 architectural design, color, and materials proposed meet or exceed the size and design of the homes in the surrounding area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review of a single-family home located at 219 E. Peck Street as reviewed and conditioned by all applicable city divisions, departments and agencies, will not have a significant effect on the environment pursuant to a Class 3(a) categorical exemption for New Construction or Conversion of a Small Structure (14 Cal. Code of Regs. S 15303) as set forth in the California Environmental Quality Act Guidelines.. 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. The proposed Minor Design Review of a single-family residence located at 219 E. Peck Street has been evaluated pursuant to LEMC Section 17.82.100 (Minor Design Review) and was found to be in compliance with all regulations and objectives contained therein. SECTION 3. The Planning Commission has considered the proposed design for the single family residence and hereby approves the Minor Design Review for a single family residence located at 219 E. Peck Street (APN: 373-023). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of April 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES COMMISSIONERS: NOES: ABSENT: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006-37 PAGE 3 OF 3 ABSTAIN: COMMISSIONERS: ATTEST: ~ Director of Community Development RESOLUTION NO. 2006-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-24 FOR THE ESTABLISHMENT OF A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE SOUTH SIDE OF WOODCREST DRIVE (APNs 379- 341-015 AND 016) WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Conditional Use Permit 2005-24 for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated approval authority over Conditional Use Permits for residential projects; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Conditional Use Permit No. 2005-24 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code (LEMC) Design and Development Standards and is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs ~ 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. ~ 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with LEMC Chapter 17.74 (Conditional Use Permits), the Planning Commission makes the following findings: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit. Accordingly, the proposed land use is consistent with the objectives of the General Plan and the purpose of the planning district in which the site is located PLANNING COMMISSION RESOLUTION NO. 2006- 38 PAGE 2 OF 3 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes of the Chapter 17. 74 (Conditional Use Permits) of the LEMC, staff considered that the proposed condominium use may potentially have a negative impact on the welfare of persons residing or working within the neighborhood or the City. Considering this, all applicable City Departments and Agencies have been afforded the opportunity to review the use and have provide comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances. Those comments have been integrated into the planning of this project so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, along with the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC and the Historic Elsinore Architectural Design Guidelines. The proposed condominium use has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. 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 condominium community has been designed to ensure adequate provision of screening .from the public rights-ol-way and adjacent properties. 4. The site for the proposed use relative to streets and highways is properly designed as to width, type of pavement and quantity of traffic generated by the subject use. The proposed condominium use has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed condominium community prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number(s) 379-341-015 and 016, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been reviewed and conditioned by all applicable city departments and outside agencies, eliminating the potential for adverse effects on the abutting property. PLANNING COMMISSION RESOLUTION NO. 2006- 38 PAGE 3 OF3 6. Pursuant to LEMC Section 17.74.50, adequate conditions and safeguards have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to LEMC Section 17.74.050 (Action of the Planning Commission), the condominium community has been scheduled for consideration and approval of the Planning Commission. SECTION 3. The Planning Commission has considered Applicant's request for conditional use and does hereby approve Conditional Use Permit 2005-24 for the establishment of a residential condominium community. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. vote: PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~~ Director of Community Development RESOLUTION NO. 2006-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 34309 FOR A RESIDENTIAL CONDOMINIUM COMMUNITY TO BE LOCATED AT THE SOUTH SIDE OF WOODCREST DRIVE (APNs 379-341-015 AND 016) WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Tentative Condominium Map No. 34309 for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations on Tentative Condominium Maps for residential projects to the Lake Elsinore City Council; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Tentative Condominium Map No. 34309 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and Section(s) 66424 and 66427 of the California Government Code. The Planning Commission further finds and determines that the project is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs S 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. S 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Government Code and LEMC Section 16 "Subdivisions", the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code ~ 66473.5). The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and PLANNING COMMISSION RESOLUTION NO. 2006- 39 PAGE 2 OF 3 institutional land uses (GOAL 1.0, Land Use Element) as well as provide safe housing and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Because this project falls within the boundaries of one of Lake Elsinore's Redevelopment Project Areas, a condition of approval was imposed upon the applicant which requires the applicant to pay an in-lieu fee of $2.00 per square foot of assessable space in order to satisfy its obligation to provide affordable housing under the California Redevelopment Law (Health & Safety Code S 33000 et seq.) 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The proposed Tentative Condominium Map No. 34309, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs S 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. S 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 3. It is hereby recommended by the Planning Commission that the Lake Elsinore City Council approve Tentative Condominium Map No. 34309 for a residential condominium community to be located at the South side of Woodcrest Drive (APNs: 379-341- 015 and 016). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES COMMISSIONERS: NOES: ABSENT: COMMISSIONERS: -- ABSTAIN: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 3 OF 3 ATTEST: )~ Rolfe Preisendanz Director of Community Development . chael O'Neal, Chairman ity of Lake Elsinore RESOLUTION NO. 2006- 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2005-25 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE SOUTH SIDE OF WOOD CREST DRIVE (APNs 379-341-015 AND 016) WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Residential Design Review No. 2005-25 for the design, construction and establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations on Design Review for residential projects to the Lake Elsinore City Council; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Residential Design Review No. 2005-25 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code (LEMC) and is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs ~ 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. ~ 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with LEMC Chapter 17.82 (Design Review) the Planning Commission makes the following findings: 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 proposed Residential Design Review complies with the goals and objectives of the General Plan, in that the approval of this condominium community will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses in order to diversify Lake Elsinore's economic base. PLANNING COMMISSION RESOLUTION NO. 2006- 40 PAGE 2 OF 3 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the LEMC The proposed Residential Design Review is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Residential Design Review, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs S 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. S 15315) as set forth in the California Environmental Quality Act Guidelines. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the LEMC, 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 17.82. Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. SECTION 3. The Planning Commission hereby recommends to the City Council approval of Residential Design Review No. 2005-25 for the design, construction, and establishment of a residential condominium community to be located at the South side of Woodcrest Drive (APN: 379-341-015 and 016). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006- 40 PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-25 FOR THE ESTABLISHMENT OF A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE NORTH SIDE OF JOY STREET (APN 379-191-005) WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Conditional Use Permit 2005-25 for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated approval authority over Conditional Use Permits for residential projects; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Conditional Use Permit No. 2005-25 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Design and Development Standards of the Lake Elsinore Municipal Code and is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs S 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. S 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with LEMC Chapter 17.74 (Conditional Use Permits) the Planning Commission makes the following findings: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed project. Accordingly, the proposed land use complies with the objectives of the General Plan and the purpose of the planning district in which the site is located PLANNING COMMISSION RESOLUTION NO. 2006- 41 PAGE 2 OF 3 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the LEMC, staff considered that the proposed condominium use may potentially have a negative impact on the welfare of persons residing or working within the neighborhood or the City. Considering this, all applicable City Departments and Agencies have been afforded the opportunity to review the use and have provide comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances. Those comments have been integrated into the planning of this project so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, along with the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC and the Historic Elsinore Architectural Design Guidelines. The proposed project has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. Further, the project as proposed, will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the condominium has been reviewed to ensure adequate provision of screeningfrom the public rights-ofway and acijacent properties. 4. The site for the proposed use relative to streets and highways is properly designed as to width, type of pavement and quantity of traffic generated by the subject use. The proposed project has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed condominium community prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number(s) 379-191-005, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for adverse effects on the abutting property. PLANNING COMMISSION RESOLUTION NO. 2006- 41 - PAGE 3 OF 3 6. Pursuant to LEMC Section 17.74.50, adequate conditions and safeguards have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to LEMC Section 17.74.050 (Action of the Planning Commission), the condominium community has been scheduled for consideration and approval of the Planning Commission. SECTION 3. The Planning Commission has considered Applicant's request for conditional use and does hereby approve Conditional Use Permit 2005-25 for the establishment of a residential condominium community. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ichael O'Neal, Chairman City of Lake Elsinore ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENT A TIVE CONDOMINIUM MAP NO. 34308 FOR A RESIDENTIAL CONDOMINIUM COMMUNITY TO BE LOCATED ON THE NORTH SIDE OF JOY STREET (APN: 379-191-005). WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Tentative Condominium Map No. 34308 for a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential projects to the Lake Elsinore City Council; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Tentative Condominium Map No. 34308 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and Section(s) 66424 and 66427 of the California Government Code. In addition, the Planning Commission finds and determines that the project complies with the requirements of the California Environmental Quality Act as set forth in Section 2 hereinbelow. SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Government Code and Section 16 "Subdivisions" of the LEMC, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provide safe housing PLANNING COMMISSION RESOLUTION NO. 2006- 42 PAGE 2 OF 3 and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Because this project falls within the boundaries of one of Lake Elsinore's Redevelopment Project Areas, a condition of approval was imposed upon the applicant which requires the applicant to pay an in-lieu fee of $2.00 per square foot of assessable space in order to satisfy its obligation to provide affordable housing under the California Redevelopment Law (Health & Safety Code 9 33000 et seq.). 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The proposed Tentative Condominium Map No. 34308, as reviewed and conditioned by all applicable City divisions, departments and agencies, is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs 9 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. 9 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 3. That the Planning Commission has considered the proposed request for Tentative Condominium Map No. 34308 and does hereby that the Lake Elsinore City Council approve the Tentative Condominium Map No. 34308 for a residential condominium community to be located on the North side of Joy Street (APN: 379-191-005). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006- 42 PAGE 3 OF 3 ATTEST: /~ 'Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006- 43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2005-26 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A RESIDENTIAL CONDOMINIUM COMMUNITY, TO BE LOCATED AT THE NORTH SIDE OF JOY STREET (APN 379-191-005) WHEREAS, an application has been filed with the City of Lake Elsinore by Kevin Tran, V.P. Home requesting the approval of Residential Design Review No. 2005-26 for the design, construction and establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for residential projects; and WHEREAS, public notice of the 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 April 18, 2006. 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 request for Residential Design Review No. 2005-26 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Design and Development Standards of the Lake Elsinore Municipal Code (LEMC) and is exempt from further environmental clearance under a Class 3(b) exemption for New Construction or Conversion of Small Structures (14 Cal. Code of Regs ~ 15303) and a Class 16 exemption for Minor Land Divisions (14 Cal. Code of Regs. S 15315) as set forth in the California Environmental Quality Act Guidelines. SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC the Planning Commission makes the following findings: 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 proposed Residential Design Review complies with the goals and objectives of the General Plan in that the approval of this condominium community will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses in order to diversify Lake Elsinore's economic base. PLANNING COMMISSION RESOLUTION NO. 2006- 43 PAGE 2 OF 3 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the LEMC. The proposed Residential Design Review is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. 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. 3. Subject to the attached Conditions of Approval, the proposed project IS not anticipated to result in any significant adverse environmental impacts. The proposed Residential Design Review as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to a Class 3(b) exemption for New Construction or Conversion of Small Structures and (14 Cal. Code of Regs. 9 15303) and a Class 15 exemption for Minor Land Divisions (14 Cal. Code of Regs. 9 15315) as set forth in the California Environmental Quality Act Guidelines. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the LEMC, 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the LEMC, the proposed Residential Design Review located at Assessor Parcel Number(s) 379-191-005, has been scheduled for consideration and approval of the Planning Commission. SECTION 3. The Planning Commission hereby recommends to the City Council approval of Residential Design Review No. 2005-26 for the design, construction, and establishment of a residential condominium community to be located at the North side of Joy Street (APN: 379-191-005). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006- 43 PAGE 3 OF3 PASSED, APPROVED AND ADOPTED this 18th day of April, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: I/Y)7L-- Rolfe Prelsendanz Director of Community Development RESOLUTION NO. 2006- 44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 16946 PIERROTT AVENUE (APN: 378-254-058). WHEREAS, an application has been filed with the City of Lake Elsinore by Paul Huston, requesting approval of a Minor Design Review for a single-family residence located at 16946 Pierrott Avenue pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (parking Requirements), and Chapter 17.23 (R-1, Single Family Residential District) 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 Single Family Residential 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 May 2, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE 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 that this project is consistent with the Lake Elsinore Municipal Code and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following fIndings for the approval of the project have been made as follows: 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 proposed Minor Design Review located at 16946 Pierrott Avenue complies with the goals and ol?jectives of the General Plan, in that the approval of the singlefamify residence will assist in achieving the development of a well-balanced and functional mix 0/ residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing !JjJes for all income groups and age categories 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review for a singlejamify residence located at 16946 Pierrott Avenue is appropriate in size and surrounding development in that the singlejamify residence will complement the quali!J of existing development and will create a visualfy pleasing, non-detractive relationship between the proposed and existing prqjects in that the architectural design, color, and materials proposed meet or exceed the size and design of the homes in the surrounding area. RESOLUTION NO. 2006- 44 May 2, 2006 Page 2 of2 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review of a singlejamify home located at 16946 Pierrott Avenue as reviewed and conditioned I?J 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, Class 3 (a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. The proposed Minor Design Review of a singlejamify residence located at 16946 Pierrott Avenue has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable sections of the LEMC. The project was found to be in compliance with all regulations and oi!jectives of the LEMC. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Minor Design Review for ingle Family Residence located at 16946 Pierrott Avenue. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on May 2, 2006 by the following vote: AYES: Commissioners: O'N eal, Gonzales, Flores NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ~- Rolfe Preisendanz, Secretary to the Planning Commission P:\MDR OF A SFR@ Pierro! Avenue\PC Reso 16946 Pierro!! Ave..doc RESOLUTION NO. 2006-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LANGSTAFF STREET AND 180 FEET SOUTH OF FLINT STREET (APN: 374-052-012). WHEREAS, an application has been fued with the City of Lake Elsinore by Hector Zubieta, Z Drafting Service, requesting approval of a Minor Design Review for a residential duplex on property located on the west side of Langstaff Street and 180 feet south of Flint Street pursuant to the Historic Elsinore Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter and 17.66 (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 May 2, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed design for the residential duplex and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(b) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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 proposed Residential Design Review for a proposed duplex located at APN 374-052-012 complies with the goals and ol?jectives of the General Plan, in that the approval of this Duplex project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses f?y providing additional cifJordable housing within the Ciry 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. 2. The project complies with the design directives contained in the Historic Esinore Architectural Design Guidelines, LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review at APN 374-052-012 is appropriate to the site and sUfTOunding developments in that the duplex prqject has been has provided; a twenry foot (20) front yard setback, two (2) 100 squarefoot private open spaces; sufficient front 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 RESOLUTION NO. 2006- 45 May 2, 2006 Page 2 of 2 visuallY pleasing, non-detractive relationship between the proposed and existing prqjects in that the applicant is providing a "Spanish Eclectic" architecture with various architectural elements, supporting this design. In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted hacienda base; columns and window surrounds painted with a Santa Fe base and exposed wood rafters. 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 APN 374-052-012, as reviewed and conditioned l?Y ail applicable City Divisions and Departments and Agencies, wiil not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (b), Class 3; (New Construction of Smail Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.100 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. Lake Elsinore DOES HEREBY APPROVE Minor on the west side of Langstaff Street and 180 feet so chael O'Neal, Chairman ake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on May 2, 2006 by the following vote: AYES: Commissioners: O'N eal, Gonzales, Flores NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATI~ ~ Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006- 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 25473 REVISION NO.1, LOCATED ON A PORTION OF ASSESSOR'S PARCEL NO. 349- 270-001. WHEREAS, White Rock Acquisition Co., L.P. has submitted an application for Tentative Tract Map No. 25473 Revision No.1, located northeast of Interstate 15, approximately one mile west of Canyon Lake, west of Summerhill Drive, south of Greenwald, and north of the extension of La Strada Road, adjacent to Tuscany Hills to the east, and known as a portion of Assessor's Parcel Number 349-270-001; WHEREAS, Tentative Tract Map No. 25473 Revision No.1 comprises the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code ~ 21000 et seq., which is defIned as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entidement for use by one or more public agencies; and WHEREAS, a Mitigated Negative Declaration for Tuscany West has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said 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 May 2, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Tentative Tract Map No. 25473 Revision No. 1. The Planning Commission fInds and determines that the project known as "Tuscany West" is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following fIndings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency fInding before approval. The proposed prqject requires a number of discretionary approvals from the Ciry and is suo/ect to CEQA review. Pursuant to the Ciry's MSHCP Resolution, the project must be reviewed for MSHCP consistenry, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool PLANNING COMMISSION RESOLUTION NO. 2006- 46 MSHCP CONSISTENCY FOR TUSCANY WEST PAGE THREE OF FIVE The project site is located outside of a'!)! Critical Area species SU17Jry Area (CASSA) ftr plants and manmmals and no CASSA plant species were obse17Jed during the ftcused SU17Jrys ftr the site. However, the project site is located within the area ftr Burrowing Owl S U17Jry. A burrowing owl habitat and burrow SU17Jry was conducted on the prqject site and an aqjacent 4.2 acres in August 2004 f?y PCR Services Corporation. The habitat assessment ftund that the stucfy area exhibited multiple kry indicators of suitable burrowing owl habitat including occurrence of low-growing vegetation and the presence of small ftssorial mammal burrows. However, no burrowing owl sign was obse17Jed during the habitat assessment and burrow SU17Jry. AdditionallY, the site was sU17Jryed on multiple occasions during other ftcused SU17Jrys f?y biologists familiar with the burrowing owL No owls were obse17Jed during a'!)! of these SU17Jrys. BUfTowing owl is not expected to occur within the burrowing owl stucfy area. Therefore, the prqject is consistent with the policies of MSHCP Section 6.3.2. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The project site is located adjacent to land that has been set aside for conservation. Therefore, the project is required to comply with the policies set forth in Section 6.1.4 of the MSHCP. Through implementation of mitigation measures, the project will minimize the adverse effects of the project on conservation configuration and would minimize management challenges that can arise from development being located adjacent to conserved habitat; and will be consistent with the policies set forth in Section 6.1.4. The following mitigation measures will be implemented by the project to minimize the identified potential indirect impacts to adjacent conserved habitat: . All project runoff will be treated prior to exiting the site to reduce toxins. . Detention basins proposed within the project ftotprint will ensure that there is no zncrease in flows from the project into MSHCP Prese17Je. . All project lighting (including that belonging to private properry owners) will be required to be selectivelY placed and directed/shielded awqy from prese17Jed habitats. In addition, lar;ge spotlight- (ype backyard lighting directed into conse17Jed habitat will be prohibited through homeowner Covenants, Conditions and Restrictions (CC&Rs). . No plants included on the California Exotic Pest Plant Council's list of invasive species or in Table 6-2 of the MSHCP will be used a'!)!where on the site, and onlY native species will be planted aqjacent to open space areas. A list of prohibited species will be provided to homeblfYers and enftrced through CC&Rs. . The proposed project has been designed so that no additional take of conse17Jed habitat will be necessary ftr fuel modification purposes. PLANNING COMMISSION RESOLUTION NO. 2006- 46 MSHCP CONSISTENCY FOR TUSCANY WEST PAGE FOUR OF FIVE . Enclosure fences (wood and tubular steeO shall be installed along the inteiface where residential development abuts natural habitat. Educational signs will be posted at potential access points into the preserve to inform residents of the wildlife habitat value of the open space and to minimize intrusions. . Manufactured slopes associated with the proposed site development will not extend into the MSHCP Conse17Jation Area. The proposed project is therefore consistent with the Urban/Wildlands Inteiface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the prqject site has been mapped as part of the Ciry's LEAP application. This mapping is consistent with MSHCP mapping protocol. The mapping is sufficient under the MSHCP and is consistent with the MSHCP requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include Fuel Modification Zones along its north and west boundaries in open space acfjacent to the Conse17Jation Areas. The proposed project has been designed so that no additional take of conserved habitat will be necessary for fuel modification purposes. Within the project open space area plantings are limited to fire-resistant, non-invasive native species from the list contained within the MSHCP Ordinance and reviewed !?J the Ciry's Fire Department. All fuel management areas will exist outside of the MSHCP Conse17Jation Area. The proposed prqject is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Condition of Approval No. 20 requires that prior to the issuance of a building permit the applicant pqy the Ciry's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a densiry of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP. The Ciry received a letter dated February 27, 2006, from Thomas B. Mullen, Interim Executive Director of the Western Riverside Regional Conse17Jation Authoriry. Mr. Mullen states: 'The mitigation of the Ramsgate SP included... the Tuscatry West tentative map. I worked extensivelY with Mr. Shopoff on getting land assembled and preserved to keep the entire MSHCP intact and movingforward. The prese17Jation of the mitigated lands for the Ramsgate SP helped to insure that the permits were signed. As PLANNING COMMISSION RESOLUTION NO. 2006- 46 MSHCP CONSISTENCY FOR TUSCANY WEST PAGE TWO OF FIVE Guidelines (MSHCP, J 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, J 6.1.3), Additional Surory Needs and Procedures (MSHCP, J 6.3.2), Urban/Wildlands Inteiface Guidelines (MSHCP, J 6.1.4), Vegetation Mapping (MSHCP, J 6.3.1) requirements, Fuels Management Guidelines (MSHCP, J 6.4), and pqyment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, J 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan and within the criteria area, therefore a fonnal LEAP (Lake Elsinore Acquisition Process) application, LEAP 2005-09, was submitted to the City on JulY 8,2005. This application and documentation was reviewed !?J the City and it was detennined that no additional conseroation is required for compliance with the MSHCP. The City's LEAP detennination was submitted to the Western Riverside County Regional Conseroation Authority (RCA) for its Joint Project Review (JPR). 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Impacts to riparian habitats are limited to those necessary for construction of La Strada Road, which is a circulation element roadwqy on the City's General Plan. Remaining impacts to Riparian/Riverine resources are limited to non-wet/and Waters of the U.S. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside-Corona Resource Conseroation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the Narrow Endemic Plant Species Surory Areas (NEPSSA). Therefore, no focused surorys are not required for Narrow Endemic Plant Species. AdditionallY, no NEPSSA species were obseroed duringfocused biological surorys conducted on the project site. Based on its location outside of af!} NEP SA and the lack of af!} NEP S SA species being obseroed during focused surorys, the project is consistent with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. PLANNING COMMISSION RESOLUTION NO. 2006- 46 MSHCP CONSISTENCY FOR TUSCANY WEST PAGE FIVE OF FIVE part of these negotiations with Mr. S hopoff, it was agreed that the mitigation lands would applY to the development ofTuscaf!Y West." Staff concurs that the map is consistent with the MSRCP and provides effective conseroation on the prqject site to meet the biological issues and considerations of the MSRCP. . 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. NOW, THEREFORE, pursuant to the above findings, the Planning Commission of the City of Lake Elsinore, California, DOES HEREBY RECOMMEND that the CitY- ouncil that the City of Lake Elsinore adopt the Findings of Consistency hereof. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on May 2, 2006 by the following vote: AYES: Commissioners: O'N eal, Gonzales, Flores NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: M/72-- Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006-01 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR TENTATIVE TRACT MAP NO. 25473 REVISION NO.1, ON APPROXIMATELY 58.7+ ACRES LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD, AND NORTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NO. 349-270-001. WHEREAS, an application has been filed with the City of Lake Elsinore by White Rock Acquisition Co., L.P. to subdivide approximately 58.7+ acres of unimproved property into 164 residential lots, water reservoir and three water quality basins, and eight (8) open space lots; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to amendments and the subdivision of land; 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 May 2, 2006; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed mitigated negative declaration prior making a decision to recommend that the City Council adopt the Mitigated Negative Declaration No. 2006-01 and the Mitigation Monitoring Program thereto. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: MND FINDINGS: 1. Through development of the proposed project, the immediate natural environment will change from a natural setting to a suburban one. This change is not necessarily considered a substantial or significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a RESOLUTION NO. 2006- MITIGATED NEGATIVE DECLARATION NO. 2006-01 MAY 2, 2006 PAGE 20F3 population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the analysis contained in the Initial Study and Mitigated Negative Declaration does not identify any potential adverse effects on human beings. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMENDS that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2006-01 and the Mitigation Monitoring Program thereto. I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on May 2, 2006 by the following vote: AYES: Commissioners: O'N eal, Gonzales, Flores NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATT~ Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006- 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 25473, REVISION NO.1, A SUBDIVISION OF 164 SINGLE FAMILY RESIDENTIAL LOTS, WATER RESERVOIR, THREE WATER QUALITY BASINS, AND EIGHT (8) OPEN SPACE LOTS, ON APPROXIMATELY 58.7+ ACRES LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD, AND NORTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NO. 349-270-001. WHEREAS, an application has been flied with the City of Lake Elsinore by White Rock Acquisition Co., L.P. to subdivide approximately 58.7+ acres of unimproved property into 164 residential lots, water reservoir, three water quality basin sites, and eight (8) open space lots; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 May 2, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed Tentative Tract Map No. 25473, Revision No.1 prior to making a decision to recommend that the City Council approve the proposal to subdivide approximately 58.7 + acres into 164 residential lots, water reservoir, three water quality basin sites, and eight (8) open space lots. Pursuant to Section 21080 (c)(2) of the California Environmental Quality Act (CEQA), the Planning Commission finds and determines that the Initial Study for Mitigated Negative Declaration No. 2006-01 is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore Municipal Code the following fmdings for the approval of Tentative Tract Map No. 24373 Revision No.1 have been made as follows: RESOLUTION NO. 2006- 48 TENTATIVE TRACT MAP NO. 25473, REVISION NO.1 MAY 2, 2006 Page 2 of3 TENTATIVE TRACT MAP FINDINGS: 1. The proposed subdivision, together with the prov1s1ons for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed subdivision and density of 2.79 dwelling units per acre are consistent with the Ramsgate Specific Plan Third Revision, and therefore with the General Plan. b. The project proposes single familY residential lots ranging in size from 5,500 square feet to 18,540 square feet, with an average lot size of 7,046 square feet, which is consistent with the SP. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The General Plan encourages clustered development in order to facilitate the conseroation of identified wildlife corridors and habitat. The prqject density and design is compatible with existing, ac!Jacent residences. b. The map provides open space areas that protect the natural topograpry and views. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The prqject is consistent with the City's General Plan. During the approvalofCity's General Plan, housing needs, public seroices and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public sqftty operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the prqject on public right- of-wqy landscaped areas to be maintained f?y the City, and for street lights in the public right-of-wqy for which the City will pqy for electricity and a maintenance fee to Southern California Edison. 4. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. RESOLUTION NO. 2006- 48 TENTATIVE TRACT MAP NO. 25473, REVISION NO.1 MAY 2, 2006 Page 3 of3 a. Tentative Tract Map No. 25473 Revision No. 1 is conditioned to complY with all development standards of the Ramsgate Specific Plan Third Revision. These standards have been prepared and reviewed to benifit the public health, safe!)' and we!fare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 25473 Revision No.1. b. The map has been circulated to Ci!)' departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. NOW, THEREFORE, based on the above fIndings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Tentative Tract Map No. 25473 Revision No. 1. I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on May 2, 2006 by the following vote: AYES: Commissioners: O'N eal, Gonzales, Flores NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: /J?7V Rolfe M.. Preisendanz, Secretary to the Planning Commission il i Iii , I RESOLUTION NO. 2006-49 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENITIAL DUPLEX LOCATED ON THE NORTH SIDE OF SUMNER AVENUE AND APPROXIMATELY lOO-FEET SOUTH OF POE STREET AT 409 SUMNER AVENUE (APN: 374-054-017). WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting approval of a Minor Design Review for a residential duplex on property located on the north side of Sumner A vepue and approximately 100- feet south of Poe Street pursuant to the Historic Elsinore Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter and 17.66 (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 May 16, 2006. . 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 residential duplex and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(b) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: II I: n PLANNING COMMISSION RESOLUTION NO. 2006-49 PAGE20F3 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 409 Sumner Avenue (APN: 374-054-017) complies with the goals and objectives of the General Plan, in that the approval of this Duplex project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review at 409 Sumner Avenue (APN: 374- 054-017) is appropriate to the site and surrounding developments in that the duplex project has been provided; a twenty foot (20') front yard setback, two (2) 100 square-foot private open spaces; sufficient front 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 with various architectural elements, supporting this design. In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted beige "Meadowbrook"; columns and window surrounds painted with a Hacienda base and exposed wood rafters, which will include an Ivory Sampler coat. 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 409 Sumner Avenue (APN: 374- 054-017), 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 of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure II r n PLANNING COMMISSION RESOLUTION NO. 2006-49 PAGE30F3 development of the property in accordance with the objectives of Chapter 17.82. Pursuantto Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16 day of May, 2006, by the following vote: AYES: NOES: COMMISSIONERS: FLORES,. GONZALES, AND O'NEAL COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ATTEST: ~ Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-50 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2005-08 FOR A TWO-STORY MEDICAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN LOCATED AT APN 363-670-005. WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2005-08 for the design and construction of a two-story medical office building with related improvements located at APN 363- 670-005; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; 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 May 16, 2006. 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 Commercial Design Review No. 2005-08 prior to making a decision to recommend that the City Council approve the proposed medical office building. The Planning Commission finds and determines that the proj ect is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. SECTION 2. That in accordance with State Planning and Zoning Law and the City of Lake Elsinore the following findings for the approval of the Commercial Design Review No. 2005-08 have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. PLANNING COMMISSION RESOLUTION NO. 2006 -50 PAGE20F3 The proposed Commercial Design Review located within Assessor Parcel Number(s) 363-670-005 complies with the goals and objectives of the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of this medical office project will assist in the creation of additional job opportunities and increased medical facility options within the community. Moreover, the' project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2., The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363-670-005 is appropriate to the site and surrounding developments in that the medical office building project has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Contemporary Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including architectural stone accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review 2005-08, located at Assessor Parcel Number 363-670-005, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA). The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional PLANNING COMMISSION RESOLUTION NO. 2006 -50 PAGE30F3 environmental review is necessary for the proposed project pursuant to Section 15162; (Subsequent EIR 's and Negative Declarations). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number(s) 363-670-005 has been scheduledfor consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of May 2006, by the following vote: AYES: NOES: COMMISSIONERS: 0 I NEAL, GONZALES AND FLORES COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ATTEST: ~- Rolfe M. Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE PARCEL MAP NO. 33182. WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Pat Richards, to subdivide certain property into four (4) parcels for future residential use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining subdivision of land; 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 May 16, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed subdivision (TPM No. 33182), prior to making a decision to recommend that the City Council approve the proposed subdivision into four (4) residential lots. The Planning Commission finds and determines that this project is exempt pursuant to CEQA, which exempts infill projects with an area of 5 acres or less. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 33182 have been made as follows: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-51 PAGE TWO the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivisions provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-51 PAGE TWO SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of May, 2006, by the following vote: AYES: Commissioners: O'NEAL, GONZALES AND FLORES NOES: Commissioners: NONE Commissioners: NONE ABSENT: NONE ABSTAIN: Commissioners: ATTEST: /??777- Rolfe M. Preisendanz, Secretary to the Planning Commission AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW FOR FOUR RESIDENTIAL DUPLEX UNITS LOCATED ON THE EAST SIDE OF GRAHAM AVENUE (APN: 373-046-006 THRU 373-046-009). WHEREAS, an application has been filed with the City of Lake Elsinore by Philip McElhinney, requesting approval of a Minor Design Review for a four (4) tri-Ievel duplexes on separate lots on property located on the east side of Graham Avenue, pursuant to the Historic Elsinore Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter and 17.66 (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 May 16, 2006. 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 residential duplex and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(b) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. RESOLUTION NO. 2006-52 May 16,2006 Page 2 of3 The proposed Residential Design Review for a proposed duplex located at APN 373-040-006 thru 373-040-009, complies with the goals and objectives of the General Plan, in that the approval of this Duplex project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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. 2. The project complies with the design directives contained in the Historic Elsinore Architectural Design Guidelines, LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review at APN 373-040-006 thru 009 is appropriate to the site and surrounding developments in that the duplex provides adequate open space, efficient circulation patterns, appropriate scale and special relationship between structures, and the building setbacks vary in order to create varying vistas as a person moves along the street. 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 with various architectural elements, supporting this design. 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 APN 373-040-006 thru 009, 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, Class 3(b); (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been RESOLUTION NO. 2006-52 May 16, 2006 Page 3 of3 incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of May, 2006, by the following vote: AYES: Commissioners: O'NEAL, GONZALES AND FLORES NOES: Commissioners: NONE ABSENT: Commissioners: NONE NONE ABSTAIN: Commissioners: aI, hairman e Planning Commission ATTEST: /lJ/^ -- Rolfe Preisendanz, Secretary to the Planning Commission RESOLUTION NO. 2006-53 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY DWELLING UNIT LOCATED ON THE NORTH SIDE OF MILL STREET AND APPROXIMATELY 200-FEET WEST OF AVENUE 5 AT 1121 MILL STREET (APN: 373-094-003). WHEREAS, an application has been filed with the City of Lake Elsinore by Teodoro Perez, requesting approval of a Minor Design Review for a single-family dwelling unit located on the north side of Mill Street and approximately 200-feet west of Avenue 5 at 1121 Mill Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 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 June 6, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: PLANNING COMMISSION RESOLUTION NO. 2006-53 PAGE20F4 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 single-family residence located at 1121 Mill Street (APN: 373-094-003) complies with the goals and objectives of the General Plan designation Specific Plan K. Specific Plan K is comprised of 161 acres and is intended to provide a range of densities and some limited commercial and industrial uses. The approval of this single-family dwelling unit will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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, which incorporates Craftsman styles architecture; will provide a well rounded design while maintaining the desirable rural characteristics and base framework to achieve quality an compatibility in the physical design of the developing portions of the City, and to enhance existing developed areas within Specific Plan K. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 1121 Mill Street (APN: 373-094-003) is appropriate to the site and surrounding developments in that the single-family dwelling unit has been provided; twenty foot (20 ') front yard and rear yard setbacks; sufficient front 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 elements of Craftsman style architecture with various architectural elements, such as 360-degree decorative window surrounds, Craftsman style roof-dormer vents, coach lights, and flagstone veneer building corners supporting this design. In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted beige "Mirador"; columns and window surrounds painted with a "Lonely Road" Dunn Edwards base and corner quoins El Dorado flagstone with a "Buckskin" color. In addition, the applicant will include a "Ponderosa" concrete shake tile roof 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. PLANNING COMMISSION RESOLUTION NO. 2006-53 PAGE30F4 Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review to be located at 1121 Mill Street (APN: 373-094- 003), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review located at 1121 Mill Street (APN: 373-094-003) has been scheduled for consideration and approval of the Planning Commission. The project has also been conditioned to comply with the LEMC. For example, Condition of Approval Number 8 has been incorporated which states; "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 Section 17.23 (R-1 Single-Family Residential District). 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 ". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of June, 2006, by the following vote: AYES: COMMISSIONERS: 0 I NEAL, GONZALES AND FLORES COMMISSIONERS: NONE NOES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE PLANNING COMMISSION RESOLUTION NO. 2006-53 PAGE 4 OF 4 ATTEST: /l7YlL-- Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-54 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY DWELLING UNIT LOCATED ON THE NORTHEAST SIDE OF PALM STREET AND APPROXIMATELY 30-FEET WEST OF ILLINOIS STREET AT 12531 PALM STREET (APN: 375- 041-024). WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting approval of a Minor Design Review for a single-family residence on property located on the northeast side of Palm Street and approximately 30-feet west of Illinois Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 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 June 6, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: PLANNING COMMISSION RESOLUTION NO. 2006-54 PAGE20F4 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 single-family residence located at 12531 Palm Street (APN: 375-041-024) complies with the goals and objectives of General Plan designation Specific Plan J. Specific Plan J is comprised of 1,312 acres and is intended to provide a range of densities and some limited commercial and industrial uses. The approval of this single-family dwelling unit 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, which incorporates 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, and to enhance existing developed areas within Specific Plan J. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 12531 Palm Street (APN: 375-041-024) is appropriate to the site and surrounding developments in that the single-family dwelling unit has been provided; twenty-foot (20') front yard and rear yard setbacks; sufficient front 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 elements of Mediterranean style architecture which include; 360-degree decorative window surrounds, Mediterranean style arched windows, coach lights, and flagstone veneer base furring. In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted beige "Sandstone"; window surrounds with "Pacific Sand" by La Habra stucco, fascia in a "Water Chestnut" by Glidden, and Country Ledgestone Flagstone in a "Red Rock" finish. In addition, the applicant will include a "Caliente" S- tile concrete roof 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. PLANNING COMMISSION RESOLUTION NO. 2006-54 PAGE30F4 Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review to be located at 12531 Palm Street (APN: 375- 041-024), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The project has also been conditioned to comply with the LEMC. For example, Condition of Approval Number 8 has been included which states; "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 Section 17.23 (R-1 Single-Family Residential). 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". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: OINEAL, GONZALES AND FLORES NONE ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NONE NONE PLANNING COMMISSION RESOLUTION NO. 2006-54 PAGE40F4 ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-55 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY DWELLING UNIT LOCATED ON THE NORTH SIDE OF LAKE STREET AND APPROXIMATELY 325-FEET EAST OF HIGH STREET AT 743 LAKE STREET (APN: 373-182-026) WHEREAS, an application has been filed with the City of Lake Elsinore by Steve Szemenyei, requesting approval of a Minor Design Review for a single- family residence on property located on the north side of Lake Street and approximately 325-feet east of High Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 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 June 20, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-55 PAGE20F4 The proposed Residential Design Review for a proposed single-family residence located at 743 Lake Street (APN: 373-182-026) complies with the goals and objectives of the General Plan designation Low Medium Density. Low Medium Density is designed for quality single-family homes in either standard subdivision form or innovative design which utilize clustering, zero lot lines, and planned unit developments. The approval of this single-family dwelling unit will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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 at 743 Lake Street (APN: 373-182-026), in addition to complying with all requirements of the LEMC, incorporates elements of Mediterranean architecture that 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 will enhance existing developed areas within the R- 1 and Low Medium Density Zoning and General Plan designation areas. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 743 Lake Street (APN: 373-182-026) is appropriate to the site and surrounding developments in that the single-family dwelling unit has been provided; twenty-foot (20 ') front yard and rear yard setbacks; sufficient front 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 elements of Mediterranean style architecture which include; 360-degree second-story window surrounds, coach lights, and ledger stone veneer. In addition, the applicant is providing a variety of colors and materials which include stucco painted beige; brown window surrounds, grey concrete columns for the front entry porch, and matching veneer wall returns with wood gates on either side of the proposed home. In addition, the applicant will include a Class "A" "S" tiles for the proposed roof 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 743 Lake Street (APN: 373-182- PLANNING COMMISSION RESOLUTION NO. 2006-55 PAGE30F4 026), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review at 743 Lake Street (APN: 373-182-026) has been scheduled for consideration and approval of the Planning Commission. The project has been conditioned to comply with the LEMC. For example, Condition of Approval Number 8 has been included which states; "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 Section 17.23 (R -1 Single- Family Residential). 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. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006-55 PAGE40F4 ichael O'Neal, Chairman City of Lake Elsinore ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-56 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY DWELLING UNIT LOCATED ON THE NORTH SIDE OF LAKE STREET AND APPROXIMATELY 350-FEET EAST OF HIGH STREET AT 747 LAKE STREET (APN: 373-182-025). WHEREAS, an application has been filed with the City of Lake Elsinore by Steve Szemenyei, requesting approval of a Minor Design Review for a single- family residence on property located on the north side of Lake Street and approximately 350-feet east of High Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 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 June 20, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-56 PAGE20F4 The proposed Residential Design Review for a proposed single-family residence located at 747 Lake Street (APN: 373-182-025) complies with the goals and objectives of the General Plan designation Low Medium Density. Low Medium Density is designed for quality single-family homes in either standard subdivision form or innovative design which utilize clustering, zero lot lines, and planned unit developments. The approval of this single-family dwelling unit will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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 at 747 Lake Street (APN: 373-182-025), in addition to complying with all requirements of the LEMC, incorporates elements of Cape Cod architecture that 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 will enhance existing developed areas within the R- 1 and Low Medium Density Zoning and General Plan designation areas. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 747 Lake Street (APN: 373-182-025) is appropriate to the site and surrounding developments in that the single-family dwelling unit has been provided; twenty-foot (20 ') front yard and rear yard setbacks; sufficientfront 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 elements of Cape Cod style architecture which include; 360-degree second-story window surrounds, coach lights, and ledger stone veneer. In addition, the applicant is providing a variety of colors and materials which include stucco painted grey; white window surrounds, and matching veneer wall returns with wood gates on either side of the proposed home. In addition, the applicant will include a Class "A" flat tile for the proposed roof 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 747 Lake Street (APN: 373-182- 025), as reviewed and conditioned by all applicable City Divisions, PLANNING COMMISSION RESOLUTION NO. 2006-56 PAGE30F4 Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The project has been conditioned to comply with the LEMC. For example, Condition of Approval Number 8 has been included which states; "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 Section 17.23 (R-1 Single-Family Residential). 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. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006-56 PAGE40F4 ichael O'Neal, Chairman City of Lake Elsinore ATTEST: ,~ Rolfe Preisendanz Director of Community Development - RESOLUTION NO. 2006-57 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR TWO (2) SINGLE-FAMILY RESIDENTIAL UNITS LOCATED AT 316 & 318 TOWNSEND STREET (APN 374-105-024) WHEREAS, an application has been filed with the City of Lake Elsinore by Solomon Mishkanian, requesting approval of a Minor Design Review for a two (2) single-family residences on two (2) vacant lots located on Townsend Street just south of Pottery Street pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards; 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 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 June 20, 2006. 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 residences and has found them acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-57 PAGE20F2 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /Jn7rl Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-58' RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-20 FOR "ROSETTA HEIGHTS" BY LENNAR HOMES, FOR 190 SINGLE FAMILY HOMES WITHIN TRACT 31792 WHEREAS, an application has been filed with the City of Lake Elsinore by Lennar Homes requesting Design Review approval to construct 190 single family homes, including a 6-plan model home complex within Tract Map No. 31792, located southeast of Highway 74, northeast of Interstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045, -046, -050 thru -053; 347-360-003, -004, and -005;and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Design Review requests for residential 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 meeting held with respect to this item on June 20, 2006. 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 190 homes with 6-plan model home complex and has found them acceptable. The Planning Commission finds and determines this project is consistent with the Mitigated Negative Declaration for Tentative Tract Map No. 31792 and the Mitigation Measures thereto. Under Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental documentation is necessary. SECTION 2. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the following findings for the approval of Residential Design Review No. 2005-20 have been made as follows: 1. The project as conditioned will comply with the goals and objectives of the General Plan. The General Plan designates the site for Low Medium Density - PLANNING COMMISSION RESOLUTION NO. 2006-58 PAGE20F2 Residential (6 dwellings per acre), and the Design Review implements that density. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the City Municipal Code. Staff has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and views, and offers visually attractive landscaping and open space amenities to its residents. 3. Conditions and safeguards pursuant to Section 17.82.070, 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 this Chapter and the planning district in which the site is located. Staff has provided conditions regarding architectural design, landscaping, phasing, and fencing. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-59 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 2005-23 AND FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ESTABLISHMENT AND OPERATION OF A GAS STATION FACILITY WITH THE CONCURRENT SALE OF ALCOHOLIC BEVERAGES LOCATED AT ASSESSOR PARCEL NO. 377-120-007 WHEREAS, Oak Grove Equities Inc., has initiated proceedings in accordance with Lake Elsinore Municipal Code ("LEMC") Section 17.38.090.0. to request the approval for the sale of alcoholic (beer and wine) beverages for off-site consumption within a convenience store and gas station proposed on the northwest comer of Collier Avenue and Central Avenue; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits and making findings of public convenience or necessity; and WHEREAS, public notice of the 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 June 20, 2006. 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 Conditional Use Permit 2005-23. The Planning Commission finds and determines that the proposal is not a project given that is recommended for denial and therefore is not subject to California Environmental Quality Act (CEQA) provisions, based on the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the LEMC, the Planning Commission makes the following findings for the denial of the Conditional Use Permit No. 2005-23: PLANNING COMMISSION RESOLUTION NO. 2006-59 PAGE20F5 FINDINGS - CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The proposed use for the sale of alcoholic beverages may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The location of the proposed use has been found to be within a designated high crime area and is within a census tract deemed over concentrated with alcohol sales licenses. Accordingly, there are a sufficient number of businesses that provide the public with locations to buy alcoholic beverages for off-premise consumption and an additional location will have no benefit to the community. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed alcohol sales located at Assessor Parcel Number 377-120-007 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. The location of the proposed use has been found to be within a State designated high crime area and is within a census tract deemed over concentrated with alcoholic sales licenses. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed alcohol use located at Assessor Parcel Number 377-120-007 does not comply with Design Directives sections 17.82.060.A&B of the LEMC given that the facility, as designed, does not sufficiently create interest at this major commercial intersection for persons and motorists moving along the street. Moreover, the proposed design concept does not create a visually pleasing, non-detractive relationship between the proposed and existing projects in the area given that the project lacks significant PLANNING COMMISSION RESOLUTION NO. 2006-59 PAGE 3 OF 5 building articulation and architectural interest and lacks a sufficient amount of onsite landscaping to frame and soften proposed structures. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed alcohol use located at Assessor Parcel Number 377-120-007 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number 377-120- 007 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed by all applicable City Departments and outside agencies. The location of the proposed use for alcohol sales is within a State designated high crime area and within a census tract that has been deemed over concentrated with alcohol sales licenses by the State Department of Alcoholic Beverage Control. Therefore, the potential does exist for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed alcohol sales located at Assessor Parcel Number 377-120-007 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. That in accordance with California Business and Professions Code Section 23958.4 and the LEMC, the Planning Commission makes the following findings regarding the Public Convenience or Necessity of the alcoholic beverage sales at the proposed site: PLANNING COMMISSION RESOLUTION NO. 2006-59 PAGE 4 OF 5 FINDINGS - PUBLIC CONVENIENCE OR NECESSITY 1. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? No. There are no unique features offered. Instead the store and gas station offers convenience and quick access to products that are commonly purchased by customers. Similar types of facilities are located in the nearby area. 2. Does the proposed establishment cater to an under-served population (i.e. patrons of different socio-economic class)? No. There are other similar establishments within the area which adequately serve the surrounding population. 3. Does the proposed establishment provide entertainment which would fill a niche in the community (i.e. comedy club, jazz club, etc)? The applicant is not proposing any entertainment for this proposed use. If the entire commercial activity is considered, the proposed establishment does provide gas station facilities for the traveling public. 4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Yes, the intersection of Collier Avenue and Central Avenue is signalized, which includes a pedestrian crosswalk. In addition, there is and approximately eight foot (8') change of grade from the street level to the pad as graded for the proposed establishment. S. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? No. This proposed commercial activity is located so as to serve the local community of commuters and residents. 6. Is there a proliferation of licensed establishments within a quarter mile of the proposed establishment? According to ABC, there is a proliferation of similar establishments within a quarter mile of the site and the census tract in which the project is located has been deemed over concentrated. As required by the ABC, only three (3) licenses for Type 20 or Type 21 -off-sale beer and wine license are allowed PLANNING COMMISSION RESOLUTION NO. 2006-59 PAGE50F5 for this particular census tract. Currently, there are ten (l0) such licenses being used. 7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity ( 600 feet) to the proposed establishment? No. There are no sensitive uses within 600 feet of the project site. 8. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? No. The developer and the applicant have made every effort to maintain the quiet enjoyment of the residences in the area. 9. Will the proposed establishment add to the law enforcement problems in the area? The Police Chief has included a letter in the Staff Report which opposes the proposed use due to the site being located within a high crime area. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this sixth day of June 20, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: AT~_ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-60 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DENIAL OF A COMMERCIAL DESIGN REVIEW NO. 2005-10 FOR A 7-ELEVEN CONVENIENCE STORE AND AN ASSOCIATED GAS STATION WITHIN THE OAK GROVE CROSSING SHOPPING CENTER LOCATED AT APN 377-120-007. WHEREAS, Glen Daigle, Oak Grove Equities Inc. has initiated proceedings for Commercial Design Review No. 2005-10 for the design and construction of a 7-Eleven convenience store and an associated gas station with related improvements located at APN 377-120-007; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; 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 June 20, 2006. 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 Commercial Design Review No. 2005-10 prior to making a decision to recommend that the City Council deny the proposed convenience store and gas station. The Planning Commission finds and determines that the proposal is not a project given that it is being recommended for denial and therefore is not subject to California Environmental Quality Act (CEQA) provisions. SECTION 2. That in accordance with State Planning and Zoning Law and the City of Lake Elsinore, the following findings for the denial of the Commercial Design Review No. 2005-10 have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-60 PAGE20F3 The proposed Commercial Design Review for a convenience store and associated gas station located within Assessor Parcel Number(s) 377-120- 007 does not comply with the goals and objectives of the General Plan in that the site design and building architecture proposed for the facility do not comply with the City Wide Design Guidelines as specified in Sections lb.] and 1.b.2 of the Community Design Element. The proposed design does not provide the adequate amount of building articulation, building materials or onsite landscaping necessary to sufficiently enhance the aesthetics of the site. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review for a convenience store and associated gas station located at Assessor Parcel Number(s) 377-120-007 does not comply with Design Directive sections 17.82.060.A&B given that the facility, as designed, does not sufficiently create interest at this major commercial intersection for persons moving along the street. Moreover, the proposed design concept does not create a visually pleasing, non-detractive relationship between the proposed and existing projects in the area given that the project lacks significant building articulation and architectural interest and a sufficient amount of onsite landscaping to frame and soften proposed structures. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Commercial Design Review for a convenience store and associated gas station, located at Assessor Parcel Number 377-120-007 is being recommended for denial and therefore, does not constitute a project as defined by the California Environmental Quality Act. Should the Planning Commission and City Council choose to support the project, an environmental determination and necessary environmental analysis must be undertaken prior to reconsideration. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. PLANNING COMMISSION RESOLUTION NO. 2006-60 PAGE30F3 Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number(s) 377-120-007 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of June 20, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, FLORES ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-61 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE, AT 311 LINDSAY STREET (APN: 374-044-012). WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting approval of a Minor Design Review for a duplex on property located on the west side of Lindsay Street and approximately 380- feet north of Sumner Avenue pursuant to the Historic Elsinore Architectural Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 projects; and WHEREAS, notice of the Minor Design Review consideration 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 July 18, 2006. 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 residential duplex and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(b) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: PLANNING COMMISSION RESOLUTION NO. 2006-61 PAGE20F4 1. The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the proj ect will be located. The proposed Residential Design Review for a proposed duplex located at 311 Lindsay Street (APN: 374-044-012) complies with the goals and objectives of General Plan designation Medium Density (MD). General Plan designation Medium Density (MD) 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 Medium Density General Plan designation permits a maximum density of twelve (12) dwelling units per acre. The proposed duplex located at 311 Lindsay Street (APN: 374-044- 012) and per the area of the existing lot is permitted a maximum of 2.52 units. The proposed project is in compliance with the Medium Density (MD) requirements by proposing two (2) dwelling units for the entire existing lot. The approval of this single-family dwelling unit 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 311 Lindsay Street (APN: 374-044-012), 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 to enhance the existing developed areas with General Plan designation Medium Density (MD). 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review at 311 Lindsay Street (APN: 374- 044-012) is appropriate to the site and surrounding developments in that the duplex project has provided; a twenty foot (20') front yard setback, two (2) 100 square-foot 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 PLANNING COMMISSION RESOLUTION NO. 2006-61 PAGE30F4 Eclectic" architecture which include; 360-degree architectural articulation pursuant to the "Historic Elsinore Design Guidelines", Spanish Eclectic arched windows with divided lites, decorative coach lights, exposed rafter tails, stucco finished columns, decorative window surrounds, decorative garage and front-entry doors, and a concrete "s" tile roof In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted beige "Meadowbrook"; columns and window surrounds painted with a Hacienda base and exposed wood rafters, which will be painted "Lulled Beige". 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 311 Lindsay Street (APN: 374- 044-012), 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 of Small Structures); therefore, no further environmental review is required pursuant to CEQA. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The proposed project has also been conditioned to comply with the LEMC. For example, Condition of Approval Number Eight (#8) has been included which states; "All site improvements shall be constructed as indicated on the approved site plan and elevations, with revision noted herein. 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. PLANNING COMMISSION RESOLUTION NO. 2006-61 PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: FLORES ichael O'Neal, Chairman City of Lake Elsinore ATTEST: ~ Rolfe Preisendanz Director of Community Development CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS o. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. o. The decision of the Planning Commission shall be final ten (10) 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. O. 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. PLANNING DIVISION O. The Minor Design Review approval of a residential duplex located at 311 Lindsay Street (APN: 374-044-012) will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and diligently pursued toward completion. O. 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. l'hallla;,', Commi',i[Oll ,-\ppt:o\'Cd J uk I K, 2'!; !(, CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) 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. Prior to the issuance of any building permit for the Project located at 311 Lindsay Street (APN: 374-044-012), the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide either (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. 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 and development standards pursuant to the Medium Density development standards as mandated in the "Historic Elsinore Overlay District". 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 Conditions of Approval. 9. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" PL-lnnt1tp. COtntHL:<':':()tl _ '" Juk l8, 211i!!~ CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A ~.._ .~._. _, ,'_ _. _,_ ", ,," _._ __",' . "',< ._, ,_ " __ _,_,_ ,,_ .. .., ..'"'' _, _..... - _, - ""'.." .... '0 ".... _ .., __ _ _ .. _ _. .." _ __...' _ _ .. _ '.. .. .. ._ ,'_ RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY .--. ,--,...- ... ..-- . STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 10.All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Director of Community Development or designee. II.All windows shall use foam surrounds and/or other architectural-type features approved by the Director of Community Development or designee. 12.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 13.The Applicant is to meet all applicable City Codes and Ordinances. 14.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 Director of Community Development or designee. 15.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. 16. 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. 17.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. Planning Commi""ion .\pp[()\-ed J uk l8, 2C1 !I (, CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19.The Applicant shall plant twenty-four inch (24") box 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. 20. 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 Director of Community Development or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 21.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 22. 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. 23. 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. 24.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. 25.Driveways shall be constructed of concrete per Building and Safety Division standards. 26.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') PLllming Cnnllnl.,_,lOI1 J llll t8, 2()!)(, CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) in height. Chain link fences shall be prohibited. 27.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 installation. 28.The proposed front yard fencing pilasters shall aesthetically match the exterior of the house. If the proposed pilasters are to deviate from the finish of the house, the applicant shall submit elevations to be reviewed and approved by the Director of Community Development or his/her designee. 29.All side yard retaining walls shall be located off the property line unless the applicant attains and submits a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department, . prior to installation. In addition, all retaining walls shall be effectively screened using an permanently irrigated climbing plant material to be reviewed and approved by the Director of Community Development or his/her designee. 30.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. 31.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. 32.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. 33.The Applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 34. The Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. Pbnmng COtl\llli",l(>!\ .lull- l8. 2!1i!(, - CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) 35.The Applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of$I,651.00 (fee for density less than 8 du/ac) prior to obtaining building permits. 36. 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. 37.The Applicant shall pay all applicable Library Capital Improvement Fund fees. ENGINEERING DIVISION GENERAL 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of a building permit. 39.The Applicant shall 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. 40.All 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. 41. The Applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 42.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 Pbnnll1g CO{lltllbstOll fuk IS, 21 I! 1(, - CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) generated during cleaning, demolition, clear and grubbing or all other phases of construction. 43.All grading and street improvement plans submitted to the Engineering Division shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and show specific grading and street improvement notes, of which digital files are available and may be requested bye-mail to agutierrez@lake-elsinore.org. 44.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. STREET IMPROVEMENTS 45.The Applicant shall construct all public works improvements from property line to one foot beyond centerline of Lindsay Street and pavement transitions per approved street plans (LEMC Title 12). All plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 46.A California Registered Civil Engineer shall prepare street and alley improvement plans and specifications. All improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). All 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 Lindsay Street centerline. 47.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 a building permit. An encroachment permit will be required to do the work. 48.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Pbnning CntHtHb:'lOtl _-\ppco\-cd Juh lS,2(J(1(1 - CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMA TEL Y 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) Engineer prior to issuance of a building permit. 49. The Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 50.The Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 51. The Applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 52.A Grading Plan stamped/signed by a California Registered Civil Engineer is required if the grading exceeds 50 cubic yards and the existing 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. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. A detailed Drainage Plan may be used instead of grading plan as described above, if the volume of the cut plus fill is less,than 50 cubic yards. 53. The Applicant shall provide soils; geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The Applicant shall provide a final soils report showing compliance with recommendations. 54. The Applicant is to provide erosion control measures as part of their grading or drainage 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. 55.All grading shall be done under the supervision of a geotechnical engineer and Plallll1l1g COlllllll;;[rll\ . Juk IH, 211116 CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A ..-- .. RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY - -- --- STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER A VEN"UE AT 311 LINDSAY STREET (APN: 374-044-012) he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. DRAINAGE 56.All 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. O. 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. O. All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. All driveways shall be sloped to drain into landscaping prior to entering street facilities. FEES O. The Applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $1,369.00 and the drainage fee is $1,602.00 (Riverside Drive So. Dist.) and the TUMF amount is $7,248.00. O. The Applicant is to pay the master drainage fee of $980.00 (Town No.3 Dist.) STORMW ATER/ CLEANW A TER PROTECTION PROGRAM 60. The 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 Phlltllllg Commi,:,!ol! .\PI1[{)\Td Juk l,'l, 2'1(1(, " CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON THE WEST SIDE OF LINDSAY STREET AND APPROXIMATELY 380-FEET NORTH OF SUMNER AVENUE AT 311 LINDSAY STREET (APN: 374-044-012) waver - is strictly prohibited by local ordinances and state and federal law. CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 61. The Applicant is to pay park fees of $1 ,600 per unit. 61. The Applicant will be required to participate in the "Public Facility" fee program. 61. The Applicant shall partIcIpate III the City-wide Lighting, Landscape Maintenance District (LLMD). 61. The Applicant is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 61. Under the provisions of SB 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 compliance by the district. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 62. The Applicant shall request a "will server" for service of sewer and water. Plannttlg COlntnl~,",l(Jn .-\ppro\-cd .full- l8, 2f111() ~""""'--'O L RESOLUTION NO. 2006-62 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY DWELLING UNIT LOCATED AT 71 VIA DE LA VALLE WITHIN THE TUSCANY HILLS SPECIFIC PLAN (APN: 363- 365-026). WHEREAS, an application has been filed with the City of Lake Elsinore by Robert Baxter, requesting approval of a Minor Design Review for a single-family dwelling unit located at 71 Via De La Valle, pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC); Tuscany Hills Specific Plan, 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 projects; and WHEREAS, notice of the Minor Design Review Consideration has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a with respect to this item on July 18, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-62 PAGE20F4 The proposed Residential Design Review for a proposed single-family residence located at 71 Via De La Valle (APN: 363-365-026) complies with the goals and objectives of the General Plan designation of Tuscany Hills Specific Plan. Tuscany Hills Specific Plan is comprised of 973 acres, of which approximately 709 acres are designated for single-family residential uses, 47.6 acres of community parks, 9.4 acres of private recreation, an 11 acre elementary school site, and the remaining 196 acres are intended for open space and lake uses to provide a range of densities and some limited commercial and industrial uses. The approval of this single-family dwelling unit will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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, which incorporates Spanish/Mediterranean Architecture style architecture; will provide a well rounded design while maintaining the desirable rural characteristics and base framework to achieve compatibility with the physical design of the developing portions of the City, while enhancing the existing developed areas within the Tuscany Hills Specific Plan. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 71 Via De La Valle (APN: 363-365-026) is appropriate to the site and surrounding developments in that the single-family dwelling unit has provided; the appropriate front yard, side and rear yard setbacks; sufficient front 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 elements of Spanish/Mediterranean Architecture style with various elements, such as 360-degree decorative architecture, window surrounds, stucco walls, tile roofs, and significant articulation supporting this design. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. AGENDA ITEM NO.lPAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-62 PAGE30F4 Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review to be located at 71 Via De La Valle (APN: 363- 365-026), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review located at 71 Via De La Valle (APN: 363-365-026) has been scheduled for consideration and approval of the Planning Commission. The project has also been conditioned to comply with the Lake Elsinore Municipal Code and the Tuscany Hills Specific Plan. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: FLORES ABSTAIN: COMMISSIONERS: AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-62 PAGE40F4 ATTEST: /J7JJl1--- Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF - RESOLUTION NO. 2006-63 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2006-01 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFORE WHEREAS, an application has been initiated by the City of Lake Elsinore amending portions of Lake Elsinore Municipal Code (LEMC) Chapter 17.66 (Parking Requirements), related to 1) eliminating compact parking provisions for commercial and industrial uses and instead requiring all parking spaces to be standard full-size spaces, 2) modifying the required width of 90-degree parking drive aisles, and 3) establishing a minimum off-street parking requirement for medical uses; and WHEREAS, a Negative Declaration has been prepared for the project pursuant to the requirements of the California Environmental Quality Act (CEQA) Section 15070, describing the reasons that the proposed text amendments will not have a significant effect on the environment and do not require the preparation of an environmental impact report; and WHEREAS, Section 17.84.050 of the LEMC stipulates that the Planning Commission render its recommendation on a Zoning Ordinance text amendment, including the reasons for the recommendation, to the City Council; and WHEREAS, public notice of the 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 August 1, 2006. 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 Zoning Ordinance text amendment. The Planning Commission finds and determines that an Initial Study was completed to analyze the potential PLANNING COMMISSION RESOLUTION NO. 2006-63 PAGE20F3 - environmental impacts of the proposed project. The Initial Study concluded that the proposed project would have no significant environmental impacts. SECTION 2. That in accordance with State Planning and Zoning law and the LEMC, the Planning Commission makes the following findings for the recommendation of approval of Text Amendment No. 2006-01: 1. The proposed text amendment to the City's Parking Ordinance will: a. Not be detrimental to the health, safety, comfort, or the general welfare of the persons working or residing within the City in that revisions are proposed to compact stalls, drive aisle widths, and parking ratio regulations that will create parking areas with less congestion and better vehicle circulation that will contribute to the safety and comfort of drivers traversing these parking areas. b. Not be injurious to property or improvements within the City because the proposed amendments to the parking ordinance will create wider parking spaces and aisle widths that will make parking areas safer and less likely to create situations where property or existing improvements could be damaged. Furthermore, the proposed amendments apply to new developments. 2. The proposed text amendment is consistent with the General Plan as the proposed changes to the Parking Ordinance will help provide sufficient onsite parking to accommodate all vehicles associated with the uses found on each site. Furthermore, the proposed revisions will not inhibit the implementation of appropriate parking layout and design standards set forth in the Community Design Element of the General Plan. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-63 PAGE30F3 PASSED, APPROVED AND ADOPTED this first day of August 1, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MENDOZA ABSTAIN: COMMISSIONERS: ATTEST: /YlY~ Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-64 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ADDENDUM NO.3 TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 88090525). WHEREAS, White Rock Acquisition Co., L.P. has submitted applications for Ramsgate Specific Plan No. 89-1 Fourth Revision, Tentative Tract Map No. 25475 Revision No.1, Tentative Tract Map No. 34231, and Residential Design Review No. 2005-24 ("Ramsgate applications"), located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and WHEREAS, the Ramsgate applications comprise the "proj ect" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code ~ 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, an EIR (SCH No. 83071309) was prepared on the original Ramsgate Specific Plan, which was adopted by the City of Lake Elsinore City Council in June 1984. WHEREAS, an Initial Study was prepared to evaluate potentially significant environmental impacts resulting from the Ramsgate applications; and WHEREAS, Section 15164 (a) of the CEQA Guidelines provides that lead agencies shall prepare an addendum to a previously certified ErR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred; and WHEREAS, public notice of said 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 August 1, 2006. PLANNING COMMISSION RESOLUTION NO. 2006-64 PAGE20F3 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 Addendum prepared for the Ramsgate applications. The Planning Commission finds and determines that the document was prepared in conformance with CEQA and is the appropriate environmental document for the project, based upon the following findings: 1. Addendum No. 3 to the Final Supplemental Environmental Impact Report (FSEIR) for Ramsgate is complete, contains all required information, and has been completed in compliance with California Environmental Quality Act (CEQA), utilizing criteria set forth in Section 15164 of the CEQA Guidelines. 2. Addendum No. 2 is the appropriate document because changes and modifications proposed by the project do not change the conclusions stated in the previous EIR. 3. The modifications do not introduce any new issues about the significant environmental effects of the proposed proj ect, nor will they result in any new significant unavoidable project impacts beyond those previously identified. 4. Substantial changes have not occurred with respect to those circumstances under which the proposed project will be developed. 5. The City is not aware of any new information of substantial importance, which was previously unknown or could not have been known at the time that the 1989 FSEIR was adopted, which show the project to have significant effects that were not described in the previous EIR. The technical reports and assessments prepared for the proposed project do not conclude that greater impacts would result with the proposed project, or reveal any new information that was not previously considered. 6. The updated Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the PLANNING COMMISSION RESOLUTION NO. 2006-64 PAGE30F3 implementation of and compliance with the project design features and mitigation measures pursuant to Public Resources Code Section 21081.6. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August 1, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: MENDOZA ATTEST: ;>/77777L- Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006- 65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS RAMSGATE SPECIFIC PLAN NO. 89-1 FOURTH REVISION, TENTATIVE TRACT MAP NO. 25475 REVISION NO.1, TENTATIVE TRACT MAP NO. 34231, AND RESIDENTIAL DESIGN REVIEW NO. 2005-24, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. WHEREAS, White Rock Acquisition Co., L.P. has submitted applications for Ramsgate Specific Plan No. 89-1 Fourth Revision, Tentative Tract Map No. 25475 Revision No.1, Tentative Tract Map No. 34231, and Residential Design Review No. 2005-24 (Ramsgate applications), located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; WHEREAS, these Ramsgate applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code S 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525) has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said 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 August 1,2006. PLANNING COMMISSION RESOLUTION NO. 2006-65 MSHCP CONSISTENCY FOR RAMS GATE SPA 4, ET.AL. PAGE TWO OF EIGHT NOW THEREFORE, THE PLANNING COMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Ramsgate applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the City of Lake Elsinore Municipal Code, and the Western Riverside County Multiple Species Habitat Conservation Plan, findings for adoption have been made as follows: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project includes two (2) tentative tract maps (TTMs) and requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewedfor MSHCP consistency, including consistency with "Other Plan Requriements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, S 6.1.3), Additional Survey Needs and Procedures (MSHCP, S 6.3.2), Urban/Wildlands InterfaceGuidelines (MSHCP, J 6.1.4), Vegetation Mapping (MSHCP, J 6.3.1) requirements, Fuels Management Guidelines (MSHCP, S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. PLANNING COMMISSION RESOLUTION NO. 2006-65 MSHCP CONSISTENCY FOR RAMSGATE SPA 4 ET.AL. PAGE THREE OF EIGHT The project site is within the MSHCP Lake Elsinore Area Plan. The site proposed for Tentative Tract Map No. 25475 Revision No. 1 lies within Criteria Cell 4176 and Independent Criteria Cells 4174, 4178 and 4272. Therefore, a formal and complete LEAP (Lake Elsinore Acquisition Process) application, LEAP 2005-10 was submitted to the City on December 9, 2005. This application and documentation was reviewed by the City and it was determined that no additional conservation is required for compliance with the MSHCP. The City also determined that TTM 25475 had complied with the MSHCP "Other Plan Requirements." The City's LEAP determination was submitted to the Western Riverside County Regional Conservation Authority (RCA) for its Joint Project Review (JPR), and was given a finding of consistency by the RCA on May 1, 2006. TTM 34231 is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements. " Both TTMs are in compliance as described further below. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based on their value in the conversation of a number of MSHCP-covered species, none of which has any potential to occur on the project site. Any impacts to the southern willow scrub and herbaceous wetland are the result of off-site road improvements. Relocation of the roads is not feasible without eliminating access to the project site and impacts cannot be reduced by an alternative location, since all of the drainages would still need to be crossed. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside-Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through PLANNING COMMISSION RESOLUTION NO. 2006- 65 MSHCP CONSISTENCY FOR RAMSGATE SPA 4 ET.AL. P AGE FOUR OF EIGHT consistency with Section 6.1.2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP; however, an MSHCP Narrow Endemic Species (Munz's onion) was observed in the north-central portion ofTTM No. 25475. This population of the Munz's onion occurs outside of the Conservation Area spelled out in the Cell Criteriafor the tentative tract and the project site is not one of the fifteen known locations targeted for conservation. Additionally, since the site lies outside of a NEPSSA or Critical Area Species Survey Area (CASSA), no conservation is required. Based on its location outside of any NEPSSA or CASSA, the project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area), Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the TTM No. 25475 site is located within the area requiring burrowing owl surveys. A burrowing owl habitat and burrow survey was conducted on the TTM No. 25475 site in August 2004 by PCR Services Corporation. The habitat assessment found that the study area exhibited multiple key indicators of suitable burrowing owl habitat including occurrence of low-growing vegetation and the presence of small fossorial mammal burrows. However, no burrowing owl sign was observed during the habitat assessment and burrow survey, and the burrowing owl is not expected to occur at this site. Additionally, the site was surveyed on multiple occasions during other PLANNING COMMISSION RESOLUTION NO. 2006- 65 MSHCP CONSISTENCY FOR RAMS GATE SPA 4 ET.AL. PAGE FIVE OF EIGHT focused surveys by biologists familiar with the burrowing owl. No owls were observed during any of these surveys; therefore, TTM No. 25475 is consistent with the policies of MSHCP Section 6.3.2. However, as required by the MSHCP, an additional pre-construction survey for burrowing owl will be included as a condition of project approval. In addition, TTM No. 34231 is located within the survey area identifiedfor the burrowing owl. The site has already been rough graded and adjacent road improvements constructed. No suitable burrowing owl habitat currently exists on the project site. However, due to the migratory nature of the burrowing owl, there is a possibility that although burrowing owls are not currently located on the project site, they could occupy the site prior to actual project construction. Therefore a pre-construction burrowing owl survey will be required per the MSHCP. Based upon the above, it can be concluded that the proposed TTM No. 25475 and TTM No. 34231 are consistent with the provisions of the MSHCP. 6. The proposed project IS consistent with the Urban/Wildlands Interface Guidelines. The TTM No. 25475 site is located adjacent to land that has been set aside for conservation. Therefore the project is required to comply with the policies set forth in Section 6.1.4. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, the following guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area." Through implementation of mitigation measures the project will minimize the adverse effects of the project on conservation configuration and would minimize management challenges that can arise from development being located adjacent to conserved habitat; and will be consistent with the policies set forth in MSHCP Section 6.1.4. PLANNING COMMISSION RESOLUTION NO. 2006- 65 MSHCP CONSISTENCY FOR RAMSGA TE SPA 4 ET.AL. PAGE SIX OF EIGHT The TTM No. 34231 project site is separatedfrom nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore, the urban/wildlands interface guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the project site has been mapped as part of the City's LEAP applicationfor TTM 25475. This mapping is consistent with MSHCP mapping protocol. The mapping is sufficient under the MSHCP and is consistent with the MSHCP requirements. No vegetation mapping requirements apply to TTM 34231. 8. The proposed project is consistent with the Fuels Management Guidelines. The TTM No. 25475 site has been designed to include Fuel Modification Zones along its north and west boundaries in open space adjacent to the Conservation Areas. The proposed project has been designed so that no additional take of conserved habitat will be necessary for fuel modification purposes. Within the project open space area plantings are limited to fire- resistant, non-invasive native species from the list contained within the MSHCP Ordinance and reviewed by the City's Fire Department. All fuel management areas will exist outside of the MSHCP Conservation Area. TTM No. 25475 is therefore consistent with the Fuels Management Guidelines. The TTM No. 34231 site is separated from nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. PLANNING COMMISSION RESOLUTION NO. 2006- 65 MSHCP CONSISTENCY FOR RAMSGATE SPA 4, ET.AL. PAGE SEVEN OF EIGHT Conditions of Approval require that prior to the issuance of a building permits the applicant pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. Residential development with a density between 8.1 and 14.0 dwelling units per acre shall pay $1,057 per dwelling unit at the present time. IO.The proposed project overall is consistent with the MSHCP. The City received a letter dated May 1, 2006, from Sarah Lozano, Western Riverside Regional Conservation Authority stating that TTM 25475 is consistent with the MSHCP from both a criteria and other plan perspective. Because there was noformal LEAP requirementfor TTM No. 34231, the City ensured the consistency of this project site with the MSHCP. The City received a letter dated February 27, 2006, from Thomas B. Mullen, Executive Director, Western Riverside Regional Conservation Authority stating that projects within the Ramsgate Specific Plan are covered by the mitigation program contained in that plan and accepted in anticipation of the MSHCP being adopted and the agency permits signed. Mr. Mullen concludes that the preservation of the mitigated lands for the Ramsgate SP helped to insure that the permits were signed. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the agency, that the proj ect as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006- 65 MSHCP CONSISTENCY FOR RAMSGATE SPA 4, ET.AL. PAGE EIGHT OF EIGHT PASSED, APPROVED AND ADOPTED this first day of August I, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MENDOZA ABSTAIN: COMMISSIONERS: ATTEST: #7;-7J7-------- Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006- 66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RAMSGATE SPECIFIC PLAN NO. 89-1 FOURTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERESTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. WHEREAS, an application has been filed with the City of Lake Elsinore by The Shopoff Group, 8951 Research Drive, Irvine, CA 92618, to amend the Ramsgate Specific Plan No. 89-1; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to changes to approved specific plans; 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 August I, 2006. 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 Ramsgate Specific Plan No. 89-1 Fourth Revision prior to making a decision to recommend that the City Council approve the proposed amendment. Pursuant to Section 21080 (c )(2) of the California Environmental Quality Act (CEQA), the Planning Commission finds and determines that Addendum No. 3 to the Final Supplemental Environmental Impact Report for Ramsgate (SCH No. 88090525) is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the proposed proj ect. RESOLUTION NO. 2006-66 RAMSGATE SP 89-1 FOURTH REVISION AUGUST 1, 2006 PAGE 20F4 SECTION 2. That in accordance with State Planning and Zoning law and Chapter 17.99 (Specific Plan District) of the Lake Elsinore Municipal Code the following findings for the approval of Ramsgate Specific Plan No. 89-1 Fourth Revision have been made as follows: 1. The location and design of the proposed development is consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. a. The General Plan supports the development of the Ramsgate Specific Plan. The proposed Revision has been reviewed and conditioned to enhance and update the original Specific Plan. b. The proposal has been designed to support the objectives of the Multi- Species Habitat Conservation Plan adopted by the City, by preserving habitat areas identified in the Conservation Plan. c. A marketing analysis by DDS Marketing dated June 2006 determined that there is insufficient households in the catchment area to support a retail grocer. 2. The proposed location allows the development to be well-integrated with or adequately buffered from its surroundings, whichever may be the case. a. The proposed Revision integrates development of medium high density residential, as a buffer between apartment development to the west and the single family detached residential neighborhoods to the east. b. The proposed Revision increases the variety of housing types offered in the Ramsgate Specific Plan. RESOLUTION NO. 2006-66 RAMS GATE SP 89-1 FOURTH REVISION AUGUST 1,2006 PAGE 30F4 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. a. The environmental review of the Fourth Revision indicates that traffic generated by the proposed project will be significantly less than that generated by the previously approved specific plan. Project trip generation is reduced from 16,000 daily trips to 2,775. b. The City of Lake Elsinore General Plan states that the objective of the City is to "strive to maintain a minimum Level of Service 'C' at all intersections during non-peak hours and Level of Service 'D' at all intersections during peak hours to ensure that traffic delays are kept to a minimum." Except for the intersection of River Road at State Route 74 in the County, all intersections within the study area will meet the City's level of service objective. 4. The Final Specific Plan shall identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and servIces. a. The proposed Revision has been reviewed and conditioned to provide adequate public services to the site. b. The proposed Revision provides recreational amenities, pedestrian pathways, and open space for residents in the medium high density residential development. 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable development. a. The proposed Revision will allow the construction of a mix of residential units within Ramsgate. Design Guidelines have been included to establish a consistent design expression among site RESOLUTION NO. 2006-66 RAMS GATE SP 89-1 FOURTH REVISION AUGUST 1,2006 PAGE 40F4 planning, architectural and landscaping components while allowing reasonable flexibility in design. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non- significance, or in the case where impacts remain, a Statement of Overriding Considerations is recommended for adoption to justify the merits of project implementation. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 1 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MENDOZA ABSTAIN: COMMISSIONERS: ATTEST: M/J?72- Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 34231, A ONE LOT SUBDIVISION FOR CONDOMINIUM PURPOSES, ON APPROXIMATELY 13.81+ ACRES LOCATED AT THE SOUTHWEST CORNER OF ROSETTA CANYON DRIVE AND HIGHWAY 74, WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NO. 347-120-047. WHEREAS, an application has been filed with the City of Lake Elsinore by MBK Homes to subdivide approximately 13.81+ acres of unimproved property into one lot for condominium purposes; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 August 1, 2006. 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 Tentative Tract Map No. 34231 prior to making a decision to recommend that the City Council approve the proposal to subdivide approximately 13.81 + acres into one lot for condominium purposes. Pursuant to Section 21080 (c)(2) of the California Environmental Quality Act (CEQA), the Planning Commission finds and determines that Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525) is RESOLUTION NO. 2006- 67 TENTATIVE TRACT MAP NO. 34231 AUGUST 1, 2006 Page 2 of 4 adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State of California Subdivision Map Act and the City of Lake Elsinore Municipal Code the following findings for the approval of Tentative Tract Map No. 34231 are made: TENTATIVE TRACT MAP FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed map is for a one lot subdivision consistent with the Ramsgate Specific Plan Fourth Revision, and therefore with the General Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The General Plan encourages clustered development in order to facilitate the conservation of identified wildlife corridors and habitat. The project density and design is compatible with the apartments and community park under construction adjacent to it. b. The map provides open space areas that protect the natural topography and views. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. RESOLUTION NO. 2006- 67 TENTATIVE TRACT MAP NO. 34231 AUGUST 1, 2006 Page 3 of4 a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-ol-way landscaped areas to be maintained by the City, and for street lights in the public right-ol-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. d. The map has been conditioned to form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed with in the development andfederal NPDES requirements to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 34231 is conditioned to comply with all development standards of the Ramsgate Specific Plan Fourth Revision. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 34231. RESOLUTION NO. 2006- 67 TENTATIVE TRACT MAP NO. 34231 AUGUST 1, 2006 Page 4 of 4 b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 1 2006, by the following vote: AYES: COMMISIONERS: O'NEAL, GONZLAES ZANELLI, FLORES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MENDOZA ABSTAIN: COMMISSIONERS: ATTEST: /h//n--. Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006-68 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-24 FOR "TRlESTE" BY MBK HOMES, FOR 121 SINGLE FAMILY CONDOMINIUMS WITHIN TENTATIVE TRACT MAP NO. 34231 WHEREAS, an application has been filed with the City of Lake Elsinore by MBK Homes requesting Design Review approval to construct 121 single family residential condominiums, including a 3-plan model home complex, swimming pool, tot lots, barbecues and trail system within Tentative Tract Map No. 34231, located on the southwest comer of Highway 74 and Rosetta Canyon Drive, east of Interstate 15, and northeast of Ardenwood Way, and known as Assessor's Parcel Nos. 347-120-016 and -022;and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Design Review requests for residential 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 meeting held with respect to this item on August 1, 2006. 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 121 homes with 3-plan model home complex and has found them acceptable. The Planning Commission has considered Addendum No. 3 to the Final Supplemental Environmental Impact Report (State Clearinghouse No. 88090525) for the Ramsgate Specific Plan No. 89-1, and the Mitigation Measures thereto. The Addendum was prepared pursuant to Section 15164(a) of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and the Planning Commission recommends that the City Council certify the Addendum. PLANNING COMMISSION RESOLUTION NO. 2006-68 PAGE20F3 SECTION 2. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the following findings for the approval of Residential Design Review No. 2005-20 are made: 1. The project as conditioned will comply with the goals and objectives of the Ramsgate Specific Plan Fourth Revision, and therefore the City's General Plan. The Specific Plan designates the site for Medium High Density Residential (15 dwellings per acre), and the Design Review proposes 8.8 dwelling units per acre. 2. The project complies with the design directives of Ramsgate Specific Plan No. 89-1 Fourth Revision and those pertinent directives contained in Section 17.82.060 and all other applicable provisions of the City Municipal Code. Staff has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and views, and offers visually attractive landscaping and open space amenities to its residents. 3. Conditions and safeguards pursuant to Section 17.82.070, 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 this Chapter and the planning district in which the site is located. Staff has provided conditions regarding architectural design, landscaping, phasing, and fencing. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August 1, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: MENDOZA PLANNING COMMISSION RESOLUTION NO. 2006-68 PAGE30F3 ATTEST: //)1//"---// , Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006- 69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 25475, REVISION NO.1, A SUBDIVISION OF 132 SINGLE FAMILY RESIDENTIAL LOTS AND EIGHT (8) OPEN SPACE LOTS, ON APPROXIMATELY 37.3+ ACRES LOCATED WEST OF GREENWALD, EAST OF GRASSY MEADOW DRIVE, SOUTH OF SCENIC CREST DRIVE, WITHIN THE RAMSGATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-034, -038, -072, AND -075. WHEREAS, an application has been filed with the City of Lake Elsinore by The Shopoff Group to subdivide 37.3+ acres of unimproved property into 132 residential lots and eight (8) open space lots; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 August 1, 2006. 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 Tentative Tract Map No. 25475, Revision No.1 prior to making a decision to recommend that the City Council approve the proposal to subdivide approximately 37.3 + acres into 132 residential lots and eight (8) open space lots. Pursuant to Section 21080 (c)(2) of the California Environmental RESOLUTION NO. 2006- 69 TENTATIVE TRACT MAP NO. 25475, REVISION NO.1 AUGUST 1, 2006 Page 2 of 4 Quality Act (CEQA), the Planning Commission finds and determines that Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525) is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore Municipal Code the following findings for the approval of Tentative Tract Map No. 25475 Revision No.1 have been made as follows: TENTATIVE TRACT MAP FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed subdivision and density of 3.5 dwelling units per acre are consistent with the Ramsgate Specific Plan Third or Fourth Revision, and therefore with the General Plan. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 12,156 square feet, with an average lot size of 6, 592 square feet, which is consistent with the SP. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The General Plan encourages clustered development in order to facilitate the conservation of identified wildlife corridors and habitat. The project density and design is compatible with proposed or approved maps to the north and east. b. The map provides open space areas that protect the natural topography and views. RESOLUTION NO. 2006- 69 TENTATIVE TRACT MAP NO. 25475, REVISION NO.1 AUGUST 1, 2006 Page 3 of 4 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-ofway landscaped areas to be maintained by the City, and for street lights in the public right-of way for which the City will pay for electricity and a maintenance fee to Southern California Edison. d. The map has been conditioned to form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed with in the development and federal NP DES requirements to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 25475 Revision No. 1 is conditioned to comply with all development standards of the Ramsgate Specific Plan Third or Fourth Revision. These standards have been prepared and reviewed to benefit the public health, safety and welfare. RESOLUTION NO. 2006- 69 TENTATIVE TRACT MAP NO. 25475, REVISION NO.1 AUGUST 1, 2006 Page 4 of 4 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 25475 Revision No.1. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 1 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MENDOZA ABSTAIN: COMMISSIONERS: aI, Chairman ore Planning Commission ATTEST: /;-t/1-~ Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006-70 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY RESIDENCE LOCATED ON THE EAST SIDE OF NORTH RILEY STREET AND APPROXIMATELY 120-FEET SOUTH OF SUMNER AVENUE, AT 222 NORTH RILEY STREET (APN: 374-162-028) WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting approval of a Minor Design Review for a single-family dwelling unit on property located on the east side of North Riley Street and approximately 120- feet south of Sumner Avenue pursuant to the Historic Elsinore Architectural Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l Single-Family Residential), Chapter and 17.66 (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 projects; and WHEREAS, notice of the Minor Design Review consideration 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 August 15,2006. 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 dwelling unit and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and the Historic Elsinore Architectural Design Guidelines and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: PLANNING COMMISSION RESOLUTION NO. 2006-70 PAGE20F4 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 single-family dwelling unit located at 222 North Riley Street (APN: 374-162-028) complies with the goals and objectives of General Plan designation High Density (HD) as well as Zoning district High Density (HD). General Plan designation High Density (HD) is intended for multiple family attached units at the lower end of the density range and apartments or condominiums at the upper density range. In addition, the High Density (HD) General Plan designation permits a maximum density of up to twenty-four (24) dwelling units per acre. By proposing one (1) single-family residence, the proposed project located at 222 North Riley Street (APN: 374-162-028) will cover approximately sixteen percent (16%) of the net lot area and is in compliance with the goals and objectives of the High Density (HD) designation of the General Plan, High Density (HD) Zoning District, and the General Plan/Zoning Compatibility Matrix. The approval of this single-family dwelling unit located at 222 North Riley Street (APN: 374-162-028) 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 High Density Zoning district and 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 single-family dwelling unit located at 222 North Riley Street (APN: 374-162-028), which incorporates "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 to enhance the existing developed areas within General Plan designation High Density (HD) and Zoning Designation High Density (HD). 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at 222 North Riley Street (APN: 374-162-028) is appropriate to the site and surrounding developments in that the proposed single-family residence has provided; a twenty-foot (20') front-yard setback, a seventy-eight (78') foot rear-yard setback: sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the project as proposed will complement the PLANNING COMMISSION RESOLUTION NO. 2006-70 PAGE30F4 quality of existing projects in that the applicant is providing "Bungalow" style architecture which includes; 360-degree architecture articulation pursuant to the "Historic Elsinore Design Guidelines," Bungalow style window surrounds with divided window lites, decorative coach lights, exposed rafter tails, stone veneer (river rock) front-entry columns, wood siding, window shutters, a stone veneer (river rock) chimney with a decorative cap, and a flat concrete tile roof In addition, the applicant is providing a variety of colors and materials which include LaHabra stucco painted "Adobe"; wood siding painted "Comforting; siding trim and facia boards painted "White;" and all window surrounds and pilaster fencing to be painted "Alamo. " It should be noted that the applicant is also proposing to install a stone veneer (river rock) base furring along the front (north) elevation andfront-entry columns. 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 222 North Riley Street (APN: 374-162-028), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). Therefore, no further CEQA analysis is required. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review at 222 North Riley Street (APN: 374-162-028) has been scheduled for consideration and action of the Planning Commission on August 15, 2006. The project has also been conditioned to comply with the LEMC. For example, Condition of Approval Number 8 has been included which states; "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 High Density development standards as mandated in the "Historic Elsinore Overlay District; " which outlines all proposed development in the Historic Elsinore District. PLANNING COMMISSION RESOLUTION NO. 2006-70 PAGE40F4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ichael O'Neal, Chairman ity of Lake Elsinore ATTEST: DY/v--- Rolfe Preisendanz Director of Community Development CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 222 NORTH RILEY STREET (APN: 374-162-028) APPROVAL DATE: AUGUST 15,2006 EFFECTIVE DATE: AUGUST 24, 2006 EXPIRATION DATE: AUGUST 24, 2007 GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. 2. The decision of the Planning Commission shall be final ten (10) 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 Municip~l 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. PLANNING DIVISION 4. Minor Design Review approval of a single-family dwelling unit located at 222 North Riley Street (APN: 374-162-028) 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. Planning Commission Approved 8/15/2006 ~ Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 5. 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. 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. 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 334l3(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 ~pace 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. 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, and development standards pursuant to the High Density (HD) development standards as mandated in the "Historic Elsinore Overlay Planning Commission Approved 8/1512006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 District". 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. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal 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. 10.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. l1.All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 12.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 13.The Applicant is to meet all applicable City Codes and Ordinances. 14.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. I5.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. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 16. 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. 17.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. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19.The Applicant shall plant twenty-four inch (24") box street trees on center (o.c.), selected from the City Street Tree List, a maximum of thirty feet (30') apart and 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. 20. 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. 21.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 22. 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. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 23. 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. 24.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. 25.Driveways shall be constructed of concrete per Building and Safety Division standards. 26.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. 27.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 installation. . 28.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. 29. 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. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 30.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. 31. 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. 32.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 33.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34. 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. 35.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. 36. The applicant shall pay all applicable Library Capital Improvement Fund fee. 37.The applicant shall incorporate wrap siding on the west elevation to match the wrap siding on the east elevation. This added architectural elements shall be incorporated on the submitted construction plans prior to the issuance of a building permit. ENGINEERING DIVISION 38.All Public Works requirements shall be requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and prior to the issuance of a building permit. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 39.The applicant shall 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. The applicant shall submit this letter prior to applying for a building permit. 40.All arrangements for the 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. 41. The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 42.1n accordance with the City's Franchise Agreement for waste disposal & recycling, the Applicant shall be required to contract with CR&R Incorporated for the 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. 43.All grading and street improvement plans submitted to the Engineering Division shall be drawn on 24" x 36" Mylar and be set into the City's specific border and title block. In addition, the plans are to include city specific grading or street improvement notes for which digital files are available by request, contact aguttierrez@lake-elsinore.org. 44.All compaction reports and grade certifications shall be submitted to the Engineering Division prior to the issuance of a building permit. Street Improvements 45. The applicant shall construct all public works improvements from the property line to one foot beyond centerline of Riley Street. All pavement transitions per Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 approved street plans (LEMC Title-12) shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 46.A California Registered Civil Engineer shall prepare street and alley improvement plans and specifications. All improvements shall be designed and constructed as per Riverside County Road Department Standards latest edition and all Lake Elsinore city codes (LEMC 12.04 and 16.34). All street improvement plans shall show all existing and future profiles at centerline of the street at top of the curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on the Riley Street centerline. 47.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 approved encroachment permit will be required to do the work. 48.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 49. The applicant shall pay all fees and meet all requirements of an encroachment permit issued by the Engineering Division for construction of all off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Grading 50. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to the issuance of a grading permit. 51.The applicant shall apply and obtain an approved grading permit (with appropriate security) prior to any grading activity. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 52.A grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show the volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to a minimum of 15-feet beyond property lines and shall indicate the existing drainage pattern. The Applicant/Developer shall apply and obtain a grading permit (with the appropriate security) prior to the issuance of a grading permit. 53.The applicant is to provide erosion control measures as part of their grading plan. The Applicant/Developer shall contribute to the protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54.All grading shall be done under the supervision of geotechnical engineer and he/she shall certify the stability of all slopes steeper than 2 to 1 and the implementation of proper erosion control measures on the project site. Drainage 55.All on-site drainage shall be conveyed to the city public facility (including the County Flood Control), or accepted by the adjacent property owners (via a notarized letter of drainage acceptance), or conveyed to a drainage easement. 56. The final floor elevation shall be greater or equal to 1267.00. 57.All natural drainage traversing the site shall be conveyed through the site or shall be collected and conveyed by a method to be approved by the City Engineer. Planning Commission Approved 8/15/2006 Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 58.All roof drains shall not be allowed to outlet directly through any/all coring in the street curb. All roofs shall drain to a landscaped area. All driveways shall be sloped to drain into landscaping prior to entering street facilities. Fees 59.The applicant shall 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 $6665.00 (Town No.3 Dist.), and the current TUMF amount is $9693.00. All fees are required to be paid prior to the issuance of a building permit and shall comply with the fee schedule in effect at the time of payment of fees. Stormwater/Cleanwater Protection Program 59.The 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 any/all storm drain systems 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. COMMUNITY SERVICES DIVISION 60. The developer is to pay park fees of $1 ,600 per unit ($1,600). 61. The developer is to participate in the City-wide Landscaping and Lighting Maintenance District (LLMD). Planning Commission Approved 8/15/2006 - Resolution # 2006-74 Project # Minor Design Review of a Single-Family Residence located at 222 North Riley Street (APN: 374-162-028) Final Conditions of Approval Date: August 15, 2006 62. The developer is to meet City curb, gutter, and sidewalk requirements. 63. 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 (LEMC). LAKE ELSINORE UNIFIED SCHOOL DISTRICT 64. Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of certificate of compliance by the District. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 65.Water and sewer is available for the project. The applicant is to request a "will serve" letter from Elsinore Valley Municipal District. Planning Commission Approved 8/15/2006 .I RESOLUTION NO. 2006-71 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A DUPLEX LOCATED ON THE WEST SIDE OF RILEY STREET AND APPROXIMATELY 370-FEET NORTH OF HEALD AVENUE, (APN: 374-161-011). WHEREAS, an application has been filed with the City of Lake Elsinore by Hector Zubieta, requesting approval of a Minor Design Review for a duplex on property located on the west side of Riley Street and approximately 370-feet north of Heald Avenue pursuant to the Historic Elsinore Architectural Design Guidelines, Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 projects; and WHEREAS, notice of the Minor Design Review consideration 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 August 15,2006. 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 residential duplex and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(b) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-71 PAGE20F4 The proposed Residential Design Review for a proposed duplex located on the west side of Riley Street and 370-feet north of Heald Avenue (APN: 374- 161-011) complies with the goals and objectives of General Plan designation High Density (HD). General Plan designation High Density (HD) is intendedfor a wide range ofresidential 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 designation permits a maximum density of twenty-four (24) dwelling units per acre. The proposed duplex located at (APN: 374-161-011) is well below the maximum density allowed. The proposed project is in compliance with the High Density (HD) requirements by proposing two (2) dwelling units for the entire existing lot. The approval of this single-family dwelling unit 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 on the west side of Riley Street and 370-feet north of Heald Avenue (APN: 374-161-011), which incorporates "Mediteranean JJ 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 to enhance the existing developed areas with General Plan designation High Density (HD). 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review on the north side of Riley street and 370-feet west of Heald Avenue (APN: 374-161-011) is appropriate to the site and surrounding developments in that the duplex project has provided; a twenty foot (20') front yard setback, two (2) 100 square-foot private open spaces; sufficientfront 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 "Monterey JJ PLANNING COMMISSION RESOLUTION NO. 2006-71 PAGE30F4 architecture which include; 360-degree architectural articulation pursuant to the "Historic Elsinore Design Guidelines", Aarched windows with divided lites, decorative coach lights, ornamental column caps, decorative garage and front-entry doors, and a concrete "s" tile roof In addition, the applicant is providing a variety of colors and materials which include Lahabra stucco painted beige "Hacienda"; columns and window surrounds painted with a Hacienda base and exposed wood rafters, which will be painted"Dapper Tan". 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 (APN: 374-364-011), 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 of Small Structures); therefore, nofurther environmental review is required pursuant to CEQA. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The proposed project has also been conditioned to comply with the LEMC. The Applicant shall meet all required setbacks and development standards pursuant to the High 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. PLANNING COMMISSION RESOLUTION NO. 2006-71 PAGE40F4 PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /?/J/L-- Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-72 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADDOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006-05 FOR "THE VILLAGE AT LAKE SHORE " A RESIDENTIAL SPECIFIC PLAN TO BE LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE (APNs: 379-050-006 & 034) WHEREAS, Classic Pacific C/O Albert A. Webb filed an application with the City of Lake Elsinore requesting the approval of Specific Plan No. 2005-01, Zone Change No. 2005-01, Conditional Use Permit No. 2005-21 and Residential Design Review No. 2005-09, for the establishment of a residential condominium community; and WHEREAS, the "Village at Lakeshore" is defined as a "project" by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2006-05 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approving mitigated negative declarations; and WHEREAS, public notice of said applications 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 August 15,2006. 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 Mitigated Negative Declaration No. 2006-05 (State Clearinghouse No. PLANNING COMMISSION RESOLUTION NO. 2006-72 PAGE20F3 2006071027) prior to making a decision to recommend adoption to the City Council. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-05 is adequate and prepared pursuant to the Title 14 of the California Code of Regulations Sections 15000 et seq. (the California Environmental Quality Act (CEQA) Guidelines) which analyzes environmental effects of the project, based upon the following findings and determinations. SECTION 2. That in accordance with State law and the LEMC, the Planning Commission makes the following findings for the adoption of Mitigated Negative Declaration No. 2006-05: 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a level where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. Mitigation measures have been required which will reduce significant environmental impacts to the level of "less than significant". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-72 PAGE30F3 PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ///71---- 'Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006- 73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS VILLAGE AT LAKE SHORE SPECIFIC PLAN NO. 2005-1 ZONE CHANGE NO. 2005-01, TENTATIVE CONDOMINIUM MAP NO. 33267 AND RESIDENTIAL DESIGN REVIEW NO. 2005-09, LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE WHEREAS, Classic Pacific C/O Albert A Webb. has submitted applications for Village at Lakeshore Specific Plan No. 2005-1, Zone Change No. 2005-01, Tentative Condominium Map No. 33267, Conditional Use Permit No. 2005-21 and Residential Design Review No. 2005-09, located at the northwest comer of Grand Avenue and Riverside Drive; and WHEREAS, these applications comprise the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2006-05 (State Clearinghouse No. 2006017027) has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said 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 August 15,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2006-73 PAGE20F5 SECTION 1. The Planning Commission has considered the proposed applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, f 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, f 6.1.3), Additional Survey Needs and Procedures (MSHCP, f 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, f 6.1.4), Vegetation Mapping (MSHCP, f 6.3.1) Requirements, Fuels Management Guidelines (MSHCP, f 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, f 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. However, the site does not lie within a Criteria Cell and is therefore not subject to the Joint Project Review Process. However, the project is still required to demonstrate compliance with the other MSHCP "Plan Wide Requirements. " The Project is in compliance with these requirements as described below. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. No riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources were identified on the proposed project site. Some sparse PLANNING COMMISSION RESOLUTION NO. 2006-73 PAGE30F5 elements of riparian scrub occur in several stands within Parcell, including species of mulefat, red willow, and tamarisk. However, this vegetation is not associated with any natural drainage feature, and is most likely supported by broken irrigation lines or other subsurface sources of water. As a result, no further MSHCP analysis or conservation measures are required. The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines as setforth in Section 6.1.2 of the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project IS consistent with the Urban/Wildlands Interface Guidelines. The project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. PLANNING COMMISSION RESOLUTION NO. 2006-73 PAGE40F5 7. The proposed project IS consistent with the Vegetation Mapping requirements. The project site currently consists primarily of vacant land with one unoccupied residence. There were no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. IO.The proposed project is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-73 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this first day of August 15, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /J//YL-- y . Rolfe M. Prelsendanz Director of Community Development RESOLUTION NO. 2006-74 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE FROM (CP) COMMERCIAL PARK TO THE VILLAGE AT LAKE SHORE SPECIFIC PLAN UNDER THE ZONING ORDINANCE WHEREAS, Classic Pacific C/O Albert A. Webb submitted an application for the Village at Lakeshore Specific Plan. The application changes the zoning designation from (CP) Commercial Park to The Village at Lakeshore Specific Plan. The approximately 20 acre site is located at the northwest comer of Grand Avenue and Riverside Drive; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of Specific Plans; 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 August 15,2006. 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 Specific Plan No. 2005-01 prior to making a decision to recommend that the City Council approve the Village at Lakeshore Specific Plan and change the area's zoning designation. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code (LEMC), the Planning Commission makes the following findings for the approval of Specific Plan No. 2005-01: PLANNING COMMISSION RESOLUTION NO. 2006-74 PAGE20F4 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Village at Lakeshore Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and LEMC Section 17.99. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. Policy 1.1.1 states that the City shall encourage planned residential and/or planned unit developments, through the use of specific plans and zoning that promote innovative site design,; preserve natural features, and provide open space, recreational facilities, and other amenities and facilities. In compliance with this policy of the City's General Plan, the applicant is proposing a well designed community that has provided a common recreation area that includes a pool, spa, and common gathering places for the residents. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The Village at Lakeshore Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, all applicable City departments and agencies have been afforded the opportunity to review the Specific Plan. Comments received from these departments and agencies have been incorporated as conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the proposed Village at Lakeshore Specific Plan is adequate in size and shape to accommodate the use, and for all the subdivisions, yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed Village at Lakeshore Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and PLANNING COMMISSION RESOLUTION NO. 2006-74 PAGE30F4 enhancing the immediate residential area. Those issues, standards and guidelines not addressed in the Village at Lakeshore Specific Plan will revert to the City Municipal and Zoning Codes in effect at the time future development is proposed. 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 proposed use has been reviewed to ensure adequate provision of screening from the public rights-ol-way or adjacent properties. Additionally, the buildings have been sited in a "clustering" design, which has provided both privacy and a sense of community. A significant amount of landscaping has been incorporated into the design of the project which has added to the atmosphere of the project. 4. This project complies with the design directives contained in Chapter 17.99 and all other applicable provisions of the LEMC. The proposed project is appropriate to the site and surrounding developments in that the project will construct single-family detached units in accordance with appropriate development and design standards contained in the Village at Lakeshore Specific Plan. The project creates interest and varying vistas as a person moves along the streets within the project. The project also complements the quality of existing neighboring development and will continue to provide visually-pleasing design and architecture within the immediate area. 5. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed Village at Lakeshore Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 6. Adequate conditions and safeguards pursuant to Section 17.99 of the LEMC have been incorporated into the approval of the Village at Lakeshore Specific Plan to insure that the project continues in a manner envisioned by these findings. PLANNING COMMISSION RESOLUTION NO. 2006-74 PAGE 4 OF 4 Pursuant to LEMC Section 17.99 (Specific Plan Approval, Denial and Modifications), the proposed Village at Lakeshore Specific Plan has been scheduled/or consideration and approval o/the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: aI, Chairman e Elsinore ATTEST: ~-_. Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-75 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-21 FOR ESTABLISHMENT OF "THE VILLAGE AT LAKESHORE SPECIFIC PLAN" A RESIDENTIAL CONDOMINIUM COMMUNITY TO BE LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE (APNs: 379-050-006 & 034) WHEREAS, Classic Pacific C/O Albert A. Webb filed an application with the City of Lake Elsinore requesting the approval of Conditional Use Permit No. 2005-21, for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permit requests for residential 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 August 15,2006. 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 request for Conditional Use Permit No. 2005-21 and has found it acceptable. SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission makes the following findings for approval of Condition Use Permit 2005-21: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and PLANNING COMMISSION RESOLUTION NO. 2006-75 PAGE20F3 other environmental hazards related to the proposed Conditional Use Permit. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes of the LEMC Chapter 17.74 (Conditional Use Permits), the City realized that the proposed condominium use may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. However, all applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this project. Conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by The Village at Lakeshore Specific Plan and Title 17 of the LEMC. The proposed condominium use has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. 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 condominium community has been reviewed to ensure adequate provision of screening from the public rights-of-way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed condominium use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts PLANNING COMMISSION RESOLUTION NO. 2006-75 PAGE30F3 associated with the proposed condominium community prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subj ect use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to LEMC Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to LEMC Section 17.74.050 (Action of the Planning Commission), the condominium community has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~--- Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-76 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 33267 FOR "VILLAGES AT LAKE SHORE" A RESIDENTIAL CONDOMINIUM COMMUNITY TO BE LOCATED AT THE NORTHWEST CORNER OF GRAND A VENUE AND RIVERSIDE DRIVE (APNs: 379-050-006 & 034) WHEREAS, Classic Pacific C/O Albert A. Webb filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Map No. 33267 for the establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential 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 August 15,2006. 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 request for Tentative Condominium Map No. 33267 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Government Code. SECTION 2. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions", the Planning Commission makes the following findings for the approval of the Tentative Condominium Map: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). PLANNING COMMISSION RESOLUTION NO. 2006-76 PAGE20F3 The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) . 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to either construct affordable housing or pay an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of August, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 2006-76 PAGE30F3 ATTEST: ~- . Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-77 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2005-09 FOR "THE VILLAGE AT LAKE SHORE SPECIFIC PLAN" BY CLASSIC PACIFIC, FOR 146 ATTACHED SINGLE FAMILY CONDOMINIUMS LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE (APNs: 379-050-006 & 034) WHEREAS, Classic Pacific C/O Albert A Webb filed an application with the City of Lake Elsinore requesting approval of Residential Design Review to construct 146 attached single-family condominiums, including a private recreational facility, private park and private recreational vehicle storage area located at the northwest comer of Grand Avenue and Riverside Drive pursuant to the Village at Lakeshore Specific Plan and Lake Elsinore Municipal Code (LEMC) Chapter 17.82 (Design Review); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Residential Design Review requests; and WHEREAS, notice of the Residential Design Review consideration 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 August 15, 2006. 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 attached single-family condominium project and has found it acceptable. SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the Planning Commission makes the following findings for the approval of the Residential Design Review: 1. The project, as approved, will comply with the goals and objectives of the intended General Plan, Village of Lakeshore Specific Plan and the zoning district in which the project will be located. PLANNING COMMISSION RESOLUTION NO. 2006-77 PAGE20F3 The proposed Residential Design Review for a proposed attached single- family condominium community complies with the goals and objectives of the General Plan designation for this area, which is Village at Lakeshore Specific Plan. The Village at Lakeshore Specific Plan is intended for a wide range of residential development types including attached single-family units. In addition, the designation permits a maximum density of twelve (12) dwelling units per acre. The project proposes 7.4 dwelling units per acre overall. The approval of this attached single-family condominium community 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 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 units will incorporate "Spanish Colonial, Craftsman and Tuscan" style architecture that 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. 2. The project complies with the design directives contained in LEMC Section 17.82.060 and all other applicable provisions of the LEMC. The proposed Residential Design Review is appropriate to the site and surrounding developments in that the project has provided a variety of setback, open space and landscape standards along with safe and efficient onsite 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 three different architectural styles which include: 360-degree architectural articulation pursuant to the "Village at Lakeshore Specific Plan ", Arched elements, decorative ornamental features per the specific architectural style, and concrete tile roofs. In addition, the applicant is providing a variety of colors and materials. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to Title 14 of the California Code of Regulations Section 15070, a mitigated negative declaration was prepared for this project. The mitigation contained in the mitigated negative declaration, mitigation monitoring plan, and the conditions of approval for the project adequately mitigate all of the PLANNING COMMISSION RESOLUTION NO. 2006-77 PAGE30F3 potentially significant environmental impacts identified in the initial study to a level of insignificance. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The proposed project has also been conditioned to comply with the LEMC. For example, Condition of Approval Number Seven (#7) has been included which states that all site improvements shall be constructed as indicated on the approved site plan and elevations, with revision noted herein. The Applicant shall meet all required setbacks and development standards pursuant to the Medium Density development standards as mandated in the Village at Lakeshore Specific Plan. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of August 15,2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ --- Rolfe Preisendanz Director of Community Development II I) n RESOLUTION NO. 2006-78 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 760 PARK WAY(APN: 373-185-024). WHEREAS, an application has been filed with the City of Lake Elsinore by Manuel Robledo, requesting approval of a Minor Design Review for a two story single-family residence on property located at 760 Park Way pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (Single-Family Residential), Chapter and 17.66 (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 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 September 5, 2006. 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 that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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 two story single- family residence located at 760 Park Way (APN: 373-185-024) complies n II n PLANNING COMMISSION RESOLUTION NO. 2006-78 PAGE20F3 with the goals and objectives of the General Plan designation Specific Plan K. Specific Plan K is comprised of 161 acres and is intended to provide a range of densities and some limited commercial and industrial uses. The approval of this single-family dwelling unit will assist in achieving the development of a well-balanced and functional mix of residential, commercial, 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, which incorporates Bungalow style architecture; will provide a well rounded design while maintaining the desirable rural characteristics and base framework to achieve quality an compatibility in the physical design of the developing portions of the City, and to enhance existing developed areas within R-l and Low Medium Density Zoning and the Specific Plan" K" under the General Plan designation. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review for a two story single-family residence located at 760 Park Way (APN: 373-185-024) is appropriate to the site and surrounding developments in that the single-family dwelling unit has been provided with twenty foot (20') front yard and rear yard setbacks; sufficient front 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 elements of Bungalow architectural style 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 760 Park Way (APN: 373-185- 024), as reviewed and conditioned by all applicable City Divisions, Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (a), Class 3; (New Construction of Small Structures). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure AGENDA ITEM NO. PAGE OF In I I ! n n PLANNING COMMISSION RESOLUTION NO. 2006-78 PAGE30F3 development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review at 760 Park Way (APN: 373-185-024), has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to Section 17.23 (R-1 Single-Family Residential District). 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". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote: AYES: NOES: COMMISSIONERS: O'Neal, Gonzales, Mendoza, Flores and Zane 11 i COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ATTEST: ~ Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-79 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR TWO (2) SINGLE-FAMILY RESIDENTIAL UNITS LOCATED AT 294 MORONI STREET (APN: 373-043-003) AND 296 MORONI STREET (APN: 373- 043-002). WHEREAS, an application has been filed with the City of Lake Elsinore by Osvaldo Maestri, requesting approval of a Minor Design Review for two (2) single-family residences on two (2) separate vacant lots located on East side of Moroni Street just south of East Heald Avenue and Moroni Street Intersection pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards; 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 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 September 5,2006. 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 residences and has found them acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3( a) (New Construction or Conversion of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the proj ect is located. PLANNING COMMISSION RESOLUTION NO. 2006-79 PAGE20F3 The proposed Minor Design Review for two (2) single family residences located at 294 and 296 Moroni Street (APN 373-042-002 and 003) complies with the goals and objectives of the General Plan, in that the approval of the two (2) single-family residences will assist in achieving a development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review for two (2) single family residences located at 294 and 296 Moroni Street (APN 373-042-002 and 003) are appropriate in size and design to each lot in that, each single family unit; meets all setback requirement; provides front yard landscaping; and complies with the Historic Elsinore Architectural Design Standards by proposing Craftsman style architecture. Features of the Craftsman include: elephantine columns, the use of wainscot, wide window frames and paned glass windows, covered porch entries, multiple roof plans. The two (2) single-family residences 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 architectural design, color and materials proposed are distinct yet blend in with the surrounding homes. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review for two (2) single family residences located at 294 and 296 Moroni Street (APN 373-042-002 and 003), 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, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-79 PAGE30F3 incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Minor Design Review of two (2) single family residences located at 294 and 296 Moroni Street (APN 373- 042-002 and 003), have been scheduled for consideration and approval of the Planning Commission. The Minor Design Review has been evaluated pursuant to Section 17. 82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable Sections of the LEMC and the Historic Standards. The project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this sth day of June, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: Mendoza, Gonzales, Flores and Zanell; OINeal ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF Ii: n n RESOLUTION NO. 2006-80 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 307 HEALD AVENUE (APN 374- 161-016) WHEREAS, Hector F. Zubieta submitted an application to the City of Lake Elsinore requesting approval of Minor Design Review for a single-family residence on a vacant lot located at 307 Heald Avenue, east of Langstaff Street (the "Project"). The application was submitted pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards; 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 projects; and WHEREAS, notice of the Minor Design Review 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 September 5, 2006. 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 has . found it acceptable. The Planning Commission finds and determines that the Project is consistent with the LEMC and is exempt from further environmental clearance under Title 14 of the California Code of Regulations Section 15303. SECTION 2. That in accordance with Chapter 17.82 of the LEMC, 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 General Plan and the Zoning District in which the project is located. The proposed Minor Design Review for the single family residence located at 307 Heald Avenue (APN 374-161-016) is designated HD (High Density) in the City's General Plan and Zoning District it is located in. This designation allows for multi-family development when there is enough land area to support this n II n PLANNING COMMISSION RESOLUTION NO 2006-80 PAGE20F4 type of development However the desIgnatIOn also allows for smgle family development therefore the project IS found to comply wIth the goals and obJecflves of the General Plan and Zomng dIstrIct The approval of the smgle- famIly resIdence will assIst m achlevmg the development of a well-balanced and functIOnal mIX of resIdential commercIal mdustrlal open space recreatIOnal and msfltutlOnalland uses as well as encouragmg the development and mamtenance of a broad range of housmg types for all mcome groups and age categories ThIs area IS also known as the HIstoric Overlay DIstrIct ThIs DIstrict reqUIres the use of certam hIstoric type archItectural styles and gUldelmes The project complies with those gUldelmes by mcorporatmg the Craftsman style archItecture thereby complymg WIth the specifics of the General Plan and Zomng desIgnatIOns The project will enhance the eXlsflng reSIdential area 2 The project complIes WIth the deSIgn dIrectives contamed m SectIOn 1782060 and all other applIcable proVISIOns of the MUnICIpal Code The proposed Mmor DesIgn RevIew located at 307 Heald Avenue (APN 374- 161-016) IS appropriate m the sIze and surroundmg development m that the smgle-famlly reSIdence wIll complement the quality of exlsflng development and create a VIsually pleasmg non-detractIve relatIOnshIp between the proposed and eXlstmg projects m that the architecture desIgn color and materials proposed meet or exceed the sIze and desIgn of the homes m the surroundmg area The sIte and archItectural desIgn reqUIrements comply WIth the HIstoric Elsmore ArchItectural DesIgn Standards m that the smgle-famlly dwellmg umt has prOVIded twenty-foot (20) front yard and rear yard setbacks front yard landscapmg Craftsman style archItecture that mcludes hOrizontal wood sldmg wood shake wlthm the front pedIment heavy wood out-lookers stone veneer wamscot elephantme columns WIth stone veneer base decoratIve wood rallmg Craftsman style light fIXtures and wIde wmdow surrounds WIth decoratIve paned glass All colors and materials proposed meet the HIstOriC Standards as well 3 Subject to the attached CondItIOns of Approval the proposed project IS not antICipated to result m any sIgmficant adverse envIronmental Impacts The Project as reVIewed and condItIOned by all apphcable CIty dIVISIOns departments and agencIes WIll not have a SIgnificant effect on the enwronment It IS hereby found and determmed that the Project IS exempt from further AGENDA ITEM NO PAGE OF n n n PLANNING COMMISSION RESOLUTION NO. 2006-80 PAGE 3 OF 4 environmental review pursuant to a Class 3 categorical exemption for new construction of a small structures (see 14 C. C.R., section 15303). 4. Conditions and safeguards pursuant to Chapter 17.82.1 00 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 17.82. The project has been evaluated pursuant to LEMC Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC)and all other applicable Sections of the LEMC. The project was found to be in compliance with all regulation and objectives of LEMC. Tthe proposed single family residence located at 307 Heald Avenue (APN 374-161-016) has been scheduled for consideration and approval of the Planning Commission. The project has been conditioned to comply with the LEMC. For example, Condition of Approval Number 6 has been included which states; "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 Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to 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 or the Planning Commission through subsequent action. " SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote: AYES: O'Neal, Gonzales, Mendoza, Flores & Zanell ; None NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None AGENDA ITEM NO. PAGE OF n II II PLANNING COMMISSION RESOLUTION NO 2006-80 PAGE40F4 City of Lake ElsInore ATTEST ~ Rolfe M Prelsendanz Director of Community Development AGENDA ITEM NO PAGE OF n ~ [~ RESOLUTION NO 2006-81 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DESIGN REVIEW OF SIGN PROGRAM NO 2006-01 FOR PASADENA COMMERCE CENTER/INDUSTRIAL PROJECT NO 2005-01 LOCATED AT 18215, 18267, 18277 AND 18283 PASADENA STREET WHEREAS, an applIcatlOn has been filed With the City of Lake Elsmore by Inchak Lockhart, requestmg review and approval of Sign Program No 2006-01 for Industnal Project No 2005 01 pursuant to Chapter 1794 (Slgn-Advertlsmg Structures) and Chapter 1782 (DeSign ReView) of the Lake Elsmore MuniCipal Code (LEMC) and WHEREAS, the Plannmg CommlsslOn of the City of Lake Elsmore has been delegated With the responsibilIty of approvmg DeSign ReView requests for Sign Programs, and WHEREAS, publIc notice of Said applIcatlOn has been given and the Plannmg CommlsslOn has conSidered eVidence presented by the Community Development Department and other mterested parties at a publIc hearmg held With respect to thiS Item on September 5, 2006 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS SECTION 1 The Plannmg Commission has conSidered the Sign Program and has found It acceptable The Plannmg Commission finds and determmes that thiS project IS consistent With the LEMC and IS exempt from further environmental clearance under SectlOn 15311, Accessory Structures, Class 11 (a), On premise signs of the CalIfornia EnVIronmental QUalIty Act (CEQA) SECTION 2 That m accordance With Chapter 17 82 (DeSign ReView) of the LEMC, the followmg findmgs for the approval of the project have been made as follows I The project as approved Will comply WIth the goals and objectIves of the General Plan and the Zomng District m whIch the project IS located n I: II PLANNING COMMISSION RESOLUTION NO. 2006-81 PAGE20F3 The proposed Sign Program located at 18215, 18267, 18277, & 18283 Pasadena Street within the Pasadena Commerce Center (I 2005-01) complies with the goals and objectives of the General Plan's Land Use Element for the Limited Industrial area. 2. The project complies with the directives contained in Chapter 17.94, Sign- Advertising Structures of the Lake Elsinore Municipal Code and all other applicable provisions of the Municipal Code. The proposed Sign Program located at 18215, 18267, 18277, & 18283 Pasadena Street within the Pasadena Commerce Center (I 2005-01) will meet the requirements of Chapter 17.94, Sign-Advertising Structures of the LEMC which include regulating the size, color, lettering type, and location as of all signs within the industrial complex, thus creating a visually pleasing, non-detractive relationship between the industrial buildings and the proposed signs. 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 Sign Program located at 18215, 18267, 18277, and 18283 Pasadena Street, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Section 15311, Accessory Structures, Class 11 (a), On-premise signs (CEQA). SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote: AYES: NOES: O'Neal, Gonzales, Flores, Mendoza and Zane 11 i None COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None AGENDA ITEM NO. PAGE OF II II II PLANNING COMMISSION RESOLUTION NO 2006-81 PAGE 3 OF 3 ATTEST ~ Rolfe Prelsendanz Director of Commumty Development AGENDA ITEM NO PAGE OF RESOLUTION NO. 2006- 82 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006- 03 AND THE MITIGATION MONITORING PROGRAM APPERTAINING THERETO, FOR ANNEXATION NO. 78 AND ITS RELATED CASES, ON APPROXIMATELY 21.13+ ACRES LOCATED APPROXIMATELY 3.5 MILES WEST OF INTERSTATE 215, SOUTH OF HOLLAND ROAD, NORTH OF CORSON AVENUE, AND CONTIGUOUS TO THE EASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NO. 358-130-020 WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to annex 21.13 acres into the City boundaries, redesignate certain acreage to City General Plan land use designations, and pre-zone certain acreage to City zoning (the "Project"); and WHEREAS, Annexation No. 78 and its related cases are defined as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code Subsection 21000 et seq.: "CEQA") as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially environmental impacts could be mitigated to a level of insignificance. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-03 to address the potentially significant environmental impacts and applicable mitigation measures; and - PLANNING COMMISSION RESOLUTION NO. 2006- 82 PAGE 20F3 WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; 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 hearing held with respect to this item on September 5, 2006. 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 Mitigated Negative Declaration No. 2006-03 and related Mitigation Monitoring Program prior to recommending to the City Council that the documents be approved. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-03 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Mitigated Negative Declaration No. 2006-03 and the related Mitigation Monitoring Program: 1. Through development of the Project, the immediate natural environment will change from a natural setting to a suburban one. This change is not necessarily considered a substantial or significant degradation to the environment. The Proj ect will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. Further, the Project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. Additionally, the site contains no known historical resources. PLANNING COMMISSIOBN RESOLUTION NO. 2006- 82 PAGE 30F3 2. The Project has individual impacts that can be mitigated to below the level of significance through implementation of the Mitigation Monitoring Program and the conditions of approval. The Project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the Project. 3. The Project does not pose any potential adverse effects on human beings. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ~. .~ Rolfe M. Preisendanz Director of Community Development - RESOLUTION NO. 2006- 83 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP), FOR THE PROJECT KNOWN AS THE CHRISTENSEN ANNEXATION NO. 78, GENERAL PLAN AMENDMENT NO. 2006-01, AND PRE-ANNEXATION ZONE CHANGE NO. 2006-03, FOR 21.13 ACRES OF VACANT PROPERTY LOCATED APPROXIMATELY 3.5 MILES WEST OF INTERSTATE 215, SOUTH OF HOLLAND ROAD, NORTH OF CORSON AVENUE, AND CONTIGUOUS TO THE EASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NO. 358-130-020 WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation and the City's Official Zoning Map to "East Canyon Hills SP" to allow for the annexation of the subject property into the City of Lake Elsinore (the "Project"); and WHEREAS, pursuant to Section 6.0 of the MSHCP, those discretionary project approvals which involve land not covered by an MSHCP criteria cell are not required to undergo the Lake Elsinore Acquisition Process ("LEAP") and the Joint Project Review ("JPR") processes. However, those projects must be evaluated pursuant to the Plan Wide Requirements as a condition precedent to project approval. Accordingly, the Project was evaluated under said Requirements; and WHEREAS, the Project involves entitlements requiring discretionary review by the Planning Commission and City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt MSCHP consistency findings, regardless of the geographical location of the project, prior to approving any discretionary entitlement; and PLANNING COMMISSION RESOLUTION NO. 2006-83 PAGE20F5 WHEREAS, the Planning Commission has been delegated with the responsibility of recommending MSHCP consistency findings to the City Council; 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 hearing held with respect to this item on September 5, 2006. 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 Christensen applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with MSHCP and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings regarding the consistency of the Project with the MSHCP: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The proposed project includes no development plan, but does require discretionary approvals from the City, including CEQA review. Pursuant to the provisions of the MSHCP, all discretionary development projects within an MSHCP Criteria Area are to be reviewed for compliance through the "Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy (HANS) or equivalent process (e.g. LEAP). The project site is within the MSHCP Lake Elsinore Area Plan; however, it is not within a Criteria Area, and a formal LEAP review of the project is not required. In accordance with the MSHCP, proposed projects outside of the Criteria Area are to be reviewed for consistency with the "Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-83 PAGE30F5 Guidelines" (MSHCP, ~ 6.1.2), "Protection of Narrow Endemic Plant Species Guidelines" (MSHCP, ~ 6.1.3), "Additional Survey Needs and Procedures JJ (MSHCP, ~ 6.3.2), and "Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4). 2. The proposed project is not subject to the City's LEAP and the County's Joint Project Review processes. The project is not located within an MSHCP Criteria Cell area; therefore, no formal LEAP submittal was required. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. The project site does not support riparian habitat or other sensitive natural community. The General Habitat Assessment prepared for the project site found a defined swale that supports remnant mulefat shrubs and willow trees. However, the report also found that this area does not support habitat suitable for sensitive species as defined in Section 6.1.2 (Riparian/Riverine Areas and Vernal Pools) of the MSHCP due to extensive disturbances from agriculture, lack of structural diversity, and prevalence of non-native vegetation. Although this swale does not contain habitat suitable for the support of sensitive natural communities, it may require permitting from regulatory agencies such as the United States Army Corps of Engineers, California Department of Fish and Game, or the Regional Water Quality Control Board. Should the swale be affected by any future development pursuant to the proposed zoning and general plan designation, the jurisdictional regulations applicable to the swale will be determined. The mitigation measures required for attainment of a permit from any of the regulatory agencies will reduce project impacts to below a level of significance. These mitigation measures are incorporated into the Mitigation Monitoring and Reporting Program for this project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-83 PAGE 4 OF 5 The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP, and therefore, no focused surveys are required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area), Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located only within the area requiring Burrowing Owl Surveys (BO). A burrowing owl habitat and burrow survey was conducted on the project site and corresponding 150-meter buffer zone on October 7, 2005 by Ecological Sciences, Inc. The survey determined that there was no suitable habitat and extensive human activities (such as frequent discing) which would likely preclude the presence of BO on the site. No burrowing owl signs were observed during the habitat assessment and burrow survey. Burrowing Owl is not expected to occur within the proposed project area. 6. The proposed project overall is consistent with the MSHCP. The project site is not located within the MSHCP Criteria Area and therefore, has not been identified by the MSHCP as a potential conservation site. Based upon the above analysis of consistency with the MSHCP and the results of the focused biological surveys which evaluated the project site for potential biological impacts, it is concluded that the proposed project is consistent with the provisions of the adopted MSHCP. 7. There is no substantial evidence, in the light of the whole record before the agency, that the project with the proposed mitigation may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-83 PAGE50F5 PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: 0 I NEAL, GONZALES, MENDOZA FLORES AND ZANELLI COMMISSIONERS: NONE NOES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ATTEST: (7m~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 84 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-01, AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON 21.13 ACRES OF VACANT PROPERTY LOCATED APPROXIMATELY 3.5 MILES WEST OF INTERSTATE 215, SOUTH OF HOLLAND ROAD, NORTH OF CORSON AVENUE, AND CONTIGUOUS TO THE EASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NO. 358-130- 020 WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation to "East Canyon Hills SP" for property located at Assessor's Parcel No. 358-130-020 (the "Property"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to amendments to the General Plan Land Use Map; and WHEREAS, public notice of this 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 September 5,2006. 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 amendment prior to making a decision to recommend that the City Council approve General Plan Amendment No. 2006-01. PLANNING COMMISSION RESOLUTION NO. 2006-84 PAGE20F3 - SECTION 2. 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 General Plan Amendment No. 2006- 01 : 1. The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects, and it has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "East Canyon Hills SP" designation will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. c. The General Plan Amendment proposes a boundary adjustment to allow for a seamless integration of the Property with the adjacent Canyon Hills Specific Plan, while remaining sensitive to the neighboring rural residential land uses to the east. d. Access to any future development of the site is expected to be from the west. In addition, infrastructure to support future development on the Property will likely tie into existing infrastructure to the west. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-84 PAGE30F3 PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE AThT.: / ~. /L /. Rolfe M. Prelsendanz Director of Community Development AGENDA ITEM NO. PAGE OF - RESOLUTION NO. 2006- 85 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE, LOCATED APPROXIMATELY 3.5 MILES WEST OF INTERSTATE 215, SOUTH OF HOLLAND ROAD, NORTH OF CORSON AVENUE, AND CONTIGUOUS TO THE EASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NO. 358-130-020 WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to change the City's official zoning map to "East Canyon Hills SP" for the property located at Assessor's Parcel No. 358-130- 020 (the "Property"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-01 for the Property; and WHEREAS, C & J Family Trust has submitted an application for Annexation No. 78; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to changes to the official zoning map; and WHEREAS, public notice of the 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 September 5, 2006. PLANNING COMMISSION RESOLUTION NO. 2006-85 PAGE20F3 - 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 pre-zoning prior to making a decision to recommend that the City Council approve Pre-Annexation Zone Change No. 2006-01. SECTION 2. 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 Pre-Annexation Zone Change No. 2006-01: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed pre-zoning has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "East Canyon Hills SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied to the entirety of the site. 2. The proposed zone change will be consistent with the proposed General Plan Amendment. a. Both the zoning and the general plan designation are proposed to be "East Canyon Hills Specific Plan. " SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-85 PAGE30F3 - PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ATJ1ST: tf IFVj }h-- Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 86 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 78 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE LOCATED APPROXIMATELY 3.5 MILES WEST OF INTERSTATE 215, SOUTH OF HOLLAND ROAD, NORTH OF CORSON AVENUE, AND KNOWN AS ASSESSOR'S PARCEL NO. 358-130-020 WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to annex approximately 21.13 acres from the County of Riverside's jurisdiction into the corporate boundaries of the City of Lake Elsinore and amend the City's Sphere of Influence; and WHEREAS, this proposal is made pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code 99 56000 et seq.: the "Cortese Knox Act"); and WHEREAS, the C & J Family Trust has initiated Pre-Annexation Zone Change No. 2006-03; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to annexations; and WHEREAS, public notice of the 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 September 5, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2006-86 PAGE 2 OF 3 SECTION 1. The Planning Commission has considered the request for annexation prior to making a decision to recommend that the City Council commence proceedings to annex the subj ect property. SECTION 2. That in accordance with the Cortese Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code the Planning Commission makes the following findings for the approval of Annexation No. 78: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. The proposed annexation area borders the City of Lake Elsinore. The project proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will not create any pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The project will not have a significant effect on the environment and is consistent with the City's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of governmental services. The proposed annexation consists of the removal of 62.42 acres of land from the County of Riverside's jurisdiction and placement of the same into the city limits of Lake Elsinore. The annexation area borders the City of Lake Elsinore and is adjacent to the area identified as the Canyon Hills Specific Plan area. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-86 PAGE30F3 - PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMISSIONER~/ / NONE ABSTAIN: ~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF - RESOLUTION NO. 2006-87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006- 04 AND THE MITIGATION MONITORING PROGRAM APPERTAINING THERETO, FOR ANNEXATION NO. 76 AND ITS RELATED CASES, ON APPROXIMATELY 63.59+ ACRES LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-006; 349-240-043 THRU -047; 349-240-050 AND -051; 349-240-054 THRU -058; AND 349-380-024 AND -025 WHEREAS, TSG Little Valley has filed applications with the City of Lake Elsinore to annex 63.59 acres into the City boundaries, redesignate certain acreage to City General Plan land use designations, pre-zone certain acreage to City zoning, revise Ramsgate Specific Plan No. 89-1, and to subdivide approximately 52.7+ acres of unimproved property into 221 residential lots, water basins and twenty-five (25) open space lots (the "Proj ect"); and WHEREAS, Annexation No. 76 and its related cases qualify as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially environmental impacts could be mitigated to a level of insignificance. Therefore, it was determined that it would be appropriate PLANNING COMMISSION RESOLUTION NO. 2006-87 PAGE20F3 - under CEQA to prepare Mitigated Negative Declaration No. 2006-04 to address the potentially significant environmental impacts and applicable mitigation measures; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; 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 hearing held with respect to this item on September 5, 2006. 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 Mitigated Negative Declaration No. 2006-04 and related Mitigation Monitoring Program prior to recommending to the City Council that the documents be approved. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-04 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Mitigated Negative Declaration No. 2006-04 and the related Mitigation Monitoring Program: 1. Through development of the Project, the immediate natural environment will change from a natural setting to a suburban one. This change is not necessarily considered a substantial or significant degradation to the environment. The Project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The Project will not eliminate a plant or animal community, nor reduce AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-87 PAGE30F3 - the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The Project has individual impacts that can be mitigated to below the level of significance through implementation of Mitigation Monitoring Program and the conditions of approval. The Project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the Project. 3. The Project does not pose any potential adverse effects on human beings. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September, 2006, by the following vote: NOES: COMMISSIONERS: 0 I NEAL, GONZALES, MENDOZA FLORES AND ZANELLI COMMISSIONERS: NONE AYES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 88 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS ANNEXATION NO. 76 ET.AL., RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, AND TENTATIVE TRACT MAP NO. 33725, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE WHEREAS, the Shopoff Group has submitted applications for Annexation No. 76, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision, and Tentative Tract Map No. 33725 ("Ramsgate Applications") located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which lie within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and the Joint Project Review ("JPR") processes prior to public review of the project applications; and WHEREAS, the Ramsgate Applications involve entitlements requesting that the City issue a permit, license, certificate, or other entitlement which requires discretionary review by the legislative body; and WHEREAS, the Ramsgate Applications are within MSHCP criteria cell group "I" and were therefore evaluated under the LEAP and JPR process prior to the public hearing on this item on September 5, 2006; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development projects within MSHCP criteria cells; and PLANNING COMMISSION RESOLUTION NO. 2006-88 PAGE20F5 WHEREAS, the Planning Commission has been delegated with the responsibility of recommending MSHCP consistency findings to the City Council; and WHEREAS, public notice of the Ramsgate Applications 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 September 5, 2006. NOW THEREFORE, THE PLANNING COMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Ramsgate applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project includes a tentative tract map and requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, 96.1.4), Vegetation Mapping (MSHCP, 96.3.1) AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-88 PAGE30F5 requirements, Fuels Management Guidelines (MSHCP, S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. The entire Tentative Tract Map No. 33725 is located in Independent Cell Group (Criteria Cells I 4174 and 4176). Therefore, a formal and complete LEAP application, LEAP 2006-0, 4 was submitted to the City in June, 2006. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. No vernal pools exist on the site; therefore, vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP-covered species, none of which has any potential to occur on the project site. Impacts to riparian habitats on the map site include the 0.22 acres of herbaceous wetland. Remaining impacts to riparian/riverine resources are limited to non-wetland waters of the us. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside-Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through consistency with Section 6.1.2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP and therefore no focused survey is required. Additionally, no AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-88 PAGE40F5 NEPSSA species were observed duringfocused biological surveys conducted on the project site. Based on its location outside of any NEPSSA and the lack of any NEPSSA species being observed duringfocused surveys, the project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area, Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the project site is located within the area requiring burrowing owl surveys. A focused burrowing owl survey was conducted on the site during the 2006 breeding season (March 1 - August 31), in accordance with accepted guidelines. The focused survey determined that although the site contains 35 acres of low to moderate potential owl habitat, no burrowing owls were observed on the property and the few burrows with potential to support owls showed no sign of owl occupation. 6. The proposed project IS consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the project will minimize the AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-88 PAGE 5 OF 5 identified potential indirect impacts with potential future open space to the south. 7. The proposed project overall is consistent with the MSHCP. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 8. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe M. Preisendanz, Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-05 AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON 68.59 ACRES OF PROPERTY LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-006; 349-240-043 THRU -047; 349-240-050 AND -051; 349-240-054 THRU -058; 349- 380-024 AND -025. WHEREAS, TSG Little Valley has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation for the properties located at Assessor's Parcel Nos. 349-240-006; 349-240-043 thru -047; 349-240-050 and -051; 349-240-054 thru -058; 349-380-024 and -025 (the "Properties") to "Ramsgate SP" and "Low Density, 3 dwelling units per acre; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to amendments to the General Plan Land Use Map; and WHEREAS, public notice of the 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 September 5,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2006-89 PAGE20F4 SECTION 1. The Planning Commission has considered the proposed amendment prior to making a decision to recommend that the City Council approve General Plan Amendment No. 2006-01. SECTION 2. 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 General Plan Amendment No. 2006- 01: 1. The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects, and Staff believes that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "Ramsgate" designation will ensure that development standards and design guidelines of the specific plan will be consistently applied to all of the Properties. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed land use designation of "Ramsgate" will allow for the continuation of large lot single family detached residential neighborhoods thus creating continuity between the Properties and the neighboring Canyon Hills Specific Plan which lies to the west. The proposed designation will also provide flexibility in designing the site to be compatible with existing uses along its other three boundaries. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-89 PAGE30F4 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. a. The General Plan Amendment proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Canyon Hills Specific Plan, while remaining sensitive to the neighboring rural residential land uses to the east. b. Access to any future development of the site is expected to be from the west. In addition, infrastructure to support future development on the Properties will likely tie into existing infrastructure to the west. 4. The proposed General Plan Amendment will not have a significant effect on the environment. a. The General Plan Amendment does not propose changes necessarily considered substantial nor significant. Any individual impacts can be mitigated to below a level of significance. Based upon the current scope of the General Plan Amendment, no potential adverse effects have been identified. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE Mic Lak ABSTAIN: COMMISSIONERS: AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-89 PAGE 4 OF 4 ATTEST: ;/JrJ~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 90 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNARY OF THE CITY OF LAKE ELSINORE, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-043 THRU -047; 349-240-050 AND -051; 349-240-054 THRU -058; 349-380-024 AND - 025 WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" and "R-E Estate Single Family Residential, 1/2 acre minimum lot size for the Assessor's Parcel Nos. 349-240-043 thru -047; 349-240-050 and - 051; 349-240-054 thru -058; 349-380-024 and -025 (the "Properties"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-05 for the Properties; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to changes to the official zoning map; and WHEREAS, public notice of the 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 September 5, 2006. PLANNING COMMISSION RESOLUTION NO. 2006-90 PAGE20F3 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 pre-zoning prior to making a decision to recommend that the City Council approve Pre-Annexation Zone Change No. 2006-05. SECTION 2. 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 Pre-Annexation Zone Change No. 2006-05 : 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. b. The proposed "R-E Estate Single Family Residential, % acre minimum lot size" zoning will enable existing land uses to continue on the four (4) outlying parcels that exist today in the County, including the keeping of horses. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-90 PAGE30F3 approved across Scenic Crest Drive In Tentative Tract Map No. 25475 Revision No.1. 3. The proposed zone change would establish a land use density and usage more in character with the subject property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Ramsgate Specific Plan. b. The zone change allows for the development of the site in accordance with proposed Tentative Tract Map No. 33725, which provides primary and secondary accessfor both TTM 33725 and 25475. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: 0 I NEAL, GONZALES, MENDOZA FLORES AND ZANELLI COMMISSIONERS: NONE NOES: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ~T~/7 ()/J1/~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 91 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240-006 WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" for Assessor's Parcel No. 349-240-006 (the "Property"); and WHEREAS, the zone change designation conforms to and is consistent with the proposed General Plan Amendment No. 2006-05 that covers the Property; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to changes to the official zoning map; 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 September 5, 2006. 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 zone change prior to making a decision to recommend that the City Council approve Zone Change No. 2006-07. PLANNING COMMISSION RESOLUTION NO. 2006-91 PAGE 20F3 SECTION 2. 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 Zone Change No. 2006-07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved in Tentative Tract Map No. 25475 Revision No.1 that lies to the west. 3. The proposed zone change would establish a land use density and usage more in character with the Property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the Property with the adjacent proposed Ramsgate Specific Plan. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-91 PAGE 30F3 PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ~;Jp~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006- 92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RAMS GATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERESTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. WHEREAS, the Shopoff Group filed an application with the City of Lake Elsinore to amend the Ramsgate Specific Plan No. 89-1; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to changes to approved specific plans; and WHEREAS, public notice of the 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 September 5, 2006. 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 Ramsgate Specific Plan No. 89-1 Fifth Revision (the "Fifth Revision") prior to making a decision to recommend that the City Council approve the proposed amendment. SECTION 2. That in accordance with State Planning and Zoning law and Chapter 17.99 (Specific Plan District) of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of the Ramsgate Specific Plan No. 89-1 Fifth Revision: 1. The location and design of the proposed development is consistent with the goals and policies of the City's General Plan and with any other PLANNING COMMISSION RESOLUTION NO. 2006-92 PAGE20F4 applicable plan or policies adopted by the City, or in the process of being prepared and adopted. a. The General Plan supports the development of the Ramsgate Specific Plan. The Fifth Revision adds acreage to the General Plan that is contiguous to its eastern boundary, and supplements Planning Area 6, which lost three-fourths of its original acreage to open space preservation. The Fifth Revision has been reviewed and conditioned to enhance and update the Ramsgate Specific Plan Fourth Revision. b. The Fifth Revision has been designed to support the objectives of the Multi-Species Habitat Conservation Plan adopted by the City, by preserving habitat areas identified in the Conservation Plan. c. The Fifth Revision has been presented to the General Plan Advisory Committee charged with the preparation of the Draft General Plan Update, and received a favorable response. 2. The proposed location allows the development to be well-integrated with or adequately buffered from its surroundings, whichever may be the case. a. The Fifth Revision provides for the development of low-medium density residential, as an extension of the single family detached residential neighborhoods within Planning Area 6. In so doing, both Planning Areas 6 and 10 have primary and secondary access from Greenwald Avenue. b. The Fifth Revision increases the single family neighborhood on the eastern portion of the Plan, in both size and amenities, providing an aggregate three acres of parks, and compensating for the loss of acreage in this portion of the Plan to the preservation of open space. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. a. A Traffic Impact Analysis (TIA) was prepared by Urban Crossroads in October 2005, which determined that the proposed project will generate 2,211 trip-ends daily with 173 in the a. m. peak period and AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-92 PAGE30F4 233 in the p.m. peak period. The TIA identified that traffic from the project will use Scenic Crest Drive and Greenwald Avenue. As a secondary highway, Greenwald has the capacity for 35,000 vehicle trips. The project will not cause this capacity to be exceeded. b. The City of Lake Elsinore General Plan states that the objective of the City is to "strive to maintain a minimum Level of Service 'c' at all intersections during non-peak hours and Level of Service (LOS) 'D' at all intersections during peak hours to ensure that traffic delays are kept to a minimum. " With the incorporation of mitigation measures in the Mitigation Monitoring and Reporting Program, the project will meet LOS 'D' objective, except for the intersection of River Road at State Route 74 in the County. 4. The Final Specific Plan shall identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and servIces. a. The Fifth Revision has been reviewed and conditioned to provide adequate public services for the site. b. The Fifth Revision provides recreational amenities, pedestrian pathways, and open space for residents in the low-medium density residential development. 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable development. The proposed Revision will allow the construction of a more substantial and complete single family neighborhood in the eastern portion of the Plan, with parks and amenities and primary and secondary access to Greenwald Avenue. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non- significance through adoption of mitigation measures and conditions of approval. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-92 PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: p~~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 93 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 76 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-043 THRU - 00047; 349-240-050 AND -051; 349-240-054 THRU -058; 349-380-024 AND -025. WHEREAS, The Shopoff Group has filed an application with the City of Lake Elsinore to annex approximately 62.42 acres of land that fall within the City of Lake Elsinore's Sphere of Influence, into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code SS 56000 et seq.: the "Cortese Knox Act"); and WHEREAS, the Shopoff Group has initiated Pre-Annexation Zone Change No. 2006-05; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to annexations; and WHEREAS, public notice of the 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 September 5,2006. PLANNING COMMISSION RESOLUTION NO. 2006-93 PAGE20F3 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 request for annexation prior to making a decision to recommend that the City Council commence proceedings to annex the subj ect property. SECTION 2. That in accordance with Cortese Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Annexation No. 76: 1. The proposed annexation area is contiguous to the City of Lake Elsinore, is within the City of Lake Elsinore Sphere of Influence, and will not create pockets or islands. The proposed annexation area borders the City of Lake Elsinore, is within the City of Lake Elsinore's Sphere of Influence and is adjacent to the area identified as the Canyon Hills Specific Plan area. The project proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will not create any pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The project will not have a significant effect on the environment and is consistent with the City's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of governmental services. The proposed annexation consists of the removal of 62.42 acres of land from the County of Riverside's jurisdiction and placement of the same into the city limits of Lake Elsinore. The annexation area borders the City of Lake Elsinore and is adjacent to the area identified as the Canyon Hills Specific Plan area. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-93 PAGE30F3 PASSED, APPROVED AND ADOPTED this fifth day of September 2006, by the following vote: NOES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: NONE ~~ Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 94 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 33725, A SUBDIVISION OF 221 SINGLE FAMILY RESIDENTIAL LOTS AND FIVE (5) WATER QUALITY BASINS, AND TWENTY-FIVE (25) OPEN SPACE LOTS, ON APPROXIMATELY 52.7+ ACRES LOCATED SOUTH OF LITTLE VALLEY ROAD, WEST OF GREENWALD AVENUE, EAST OF GRASSY MEADOW DRIVE, AND NORTH AND SOUTH OF SCENIC CREST DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-240-006, -043 THRU -047, AND -054 THRU -056. WHEREAS, the Shopoff Group has filed an application with the City of Lake Elsinore to subdivide approximately 52.7+ acres of unimproved property into 221 residential lots, five (5) water quality basins and twenty- five (25) open space lots; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 September 5,2006. 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 Tentative Tract Map No. 33725 prior to making a decision to recommend that the City Council approve the proposal to subdivide approximately 52.7 PLANNING COMMISSION RESOLUTION NO. 2006- 94 PAGE20F4 + acres into 221 residential lots, five (5) water quality basins, and twenty- five (25) open space lots. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code ~~ 66000 et seq.) and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Tract Map No. 33725: TENTATIVE TRACT MAP FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed subdivision and density of 4.19 dwelling units per acre are consistent with the proposed Ramsgate Specific Plan Fifth Revision ("Fifth Revision '), and therefore with the General Plan because the Ramsgate Specific Plan has been found to be consistent with the General Plan. The Fifth Revision provides a balanced mix of housing types and densities within the Plan. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 16,312 square feet, with an average lot size of 6,170 square feet, which is consistent with the proposed Ramsgate SP. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The project density and design is compatible with approved Tentative Tract Map No. 25475 Revision No. 1 in the Ramsgate SP to the southwest, and with Tentative Tract Map No. 31370 in the North Tuscany Hills Specific Plan to the southeast. b. The map provides open space areas that protect the natural topography and views. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006- 94 PAGE30F4 3. The effects that this proj ect are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with proposed General Plan Amendment No. 2006-05 (GP A). During the approval of the GP A, housing needs, public services and fiscal resources are scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. d. The map has been conditioned to form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of new parks, parkways, open space and public storm drains constructed within the development, and federal NP DES permit. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 33725 is conditioned to comply with all development standards of the Ramsgate Specific Plan Fifth Revision. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006- 94 PAGE40F4 a. All known easements or requests for access have been incorporated into the design of Tentative Tract Map No. 33725. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied to the project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fifth day of September, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ~ olfe M. Prelsendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006- 95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS LAKE ELSINORE MEDICAL WHEREAS, HC&D Architects, C/O Chris Lindholm, has submitted application for Lake Elsinore Medical located on the south side of Canyon Estates Drive and west of Summerhill Drive; and WHEREAS, the application comprises the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the project has been found exempt from further environmental review in accordance with California Public Resources Code, Article II, Section 15162; 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 hearing held with respect to this item on September 19,2006. 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 application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE20F4 MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed project site lies within Criteria Cells #4646 and #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements". The only requirements potentially applicable to the proposed project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). The proposed project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the City exempted this site from the MSHCP and therefore it was not processed through a Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. The proposed project was exempted from the MSHCP. Further, a site reconnaissance survey was conducted, and no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE30F4 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project was exempted from the MSHCP. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are requiredfor the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project was exempted from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project was exempted from the MSHCP. Further, the entire proposed project site has been rough-graded. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE40F4 the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The proposed project is consistent with the MSHCP. As stated in No. 1 above, the proposed project was exempted from the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. That exemption continues to apply to the current proposed project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of September, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NONE DJdL- Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-96 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-04 FOR A TWO- STORY MEDICAL OFFICE BUILDING AND TWO-STORY PROFESSIONAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN WHEREAS, Chris Lindholm, HC&D Architects, has initiated proceedings for Commercial Design Review No. 2006-04 for the design and construction of a two-story medical office building and a two-story professional office building with related improvements located at APN 363-550-014; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; 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 September 19,2006. 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 Commercial Design Review No. 2006-04 prior to making a decision to recommend that the City Council approve the proposed medical office building and professional office building. SECTION 2. The Planning Commission finds and determines that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. 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 Commercial Design Review No. 2006-04: PLANNING COMMISSION RESOLUTION NO. 2006 -96 PAGE20F3 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number(s) 363-550-014 complies with the goals and objectives of the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of these medical and professional offices will assist in the creation of additional job opportunities and increased medical facility options within the community. Moreover, the project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363-550-014 is appropriate to the site and surrounding developments in that the medical office building and professional office building have been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Spanish" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review 2006-04, located at Assessor Parcel Number 363-550-014, as reviewed and conditioned by all applicable City divisions, PLANNING COMMISSION RESOLUTION NO. 2006 -96 PAGE30F3 departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed project pursuant to Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at Assessor Parcel Number(s) 363-550-014 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of September 2006, by the following vote: AYES: NOES: COMMISSIONERS: 0 I NEAL, GONZALES, MENDOZA FLORES AND ZANELLI COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ~ Rolfe M. Preisendanz, Director of Community Development RESOLUTION NO. 2006-97 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2005-12 WHEREAS, the City of Lake Elsinore has initiated an application for General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, and Annexation No. 77 for a one hundred fifty-four (154) acre site located adjacent to State Route 74; and WHEREAS, Annexation 77 is defined as a "project" by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Section 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; 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 August 1,2006 and September 19,2006. 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 Mitigated Negative Declaration No. 2005-12, prior to making a decision to recommend approval to the City Council. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005-12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). PLANNING COMMISSION RESOLUTION NO. 2006- 97 Page 2 of3 SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No. 2005-12 has been made as follows: 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented by staff to the Planning Commission, the project will not have a significant effect on the environment considering the Mitigation Monitoring Report Program. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this nineteenth day of September, 2006, by the following vote: AYES: COMMISSIONERS: OINEAL, GONZALES, MENDOZA FLORES AND ZANELLI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE PLANNING COMMISSION RESOLUTION NO. 2006- 97 Page 3 of3 ATTEST: ~ Rolfe M. Preisendanz, Director of Community Development P:\ALL FILES\2006 Projects\Annexation 77 - Centex\PC RESO MND 9-19-06 (orig. 8-1-06).doc RESOLUTION NO. 2006-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-03 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS ON ONE HUNDRED FIFTY-FOUR (154) ACRES ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE WHEREAS, the City of Lake Elsinore has initiated proceedings to amend the General Plan Land Use Map as part of an annexation process, thereby requesting a General Plan Amendment on one hundred fifty-four (154) acres; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the General Plan Land Use Map; 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 August 1,2006 and September 19,2006. 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 General Plan Amendment No. 2006-03, prior to making a decision to recommend that the City Council approve the proposed changes to the General Plan Land Use Map. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan Amendment No. 2006-03 have been made: PLANNING COMMISION RESOLUTION NO. 2006-98 Page 2 of3 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes that the health, safety and welfare of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. Staff, concluded that the current rapid development of a major single family residential development adjacent to the Annexation area (Ramsgate) is a strong indication that the area is rapidly changing from rural type uses to an area with more suburban type uses. The General Plan Amendment proposes land use changes from the County's designation of Very Low Density Residential to Low Medium Density will allow the continuation of the single family home development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Annexation will establish land uses more consistent with the land uses adjacent and nearby the area. The neighboring major single family residential development is bringing infrastructure improvement to the western boundary of the Annexation. Improvements include all required utilities as well as major road improvements. Major commercial development (Costco/Lowe's, Home Depot and Target Centers) are - PLANNING COMMISION RESOLUTION NO. 2006-98 Page 3 of3 currently open and operating or are near completion and are located less that jive miles from the Annexation area. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, will not have a significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this nineteenth day of September, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NONE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: NONE ABSTAIN: M' hael O'Neal, Chairman ake Elsinore Planning Commission ~ olfe M. Preisendanz, Director of Community Development - P:\ALL FILES\2006 Projects\Annexation 77 - Centex\PC RESO GPA 9-19-06 (orig. 8-1-06).doc RESOLUTION NO. 2006-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-ZONING NO. 2006-04 SUBJECT TO COMPLETION OF THE ANNEXATION NO. 77 LOCATED ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE. WHEREAS, the City of Lake Elsinore has initiated a Zone Change of the subject site from County of Riverside's zoning designations to City of Lake Elsinore's Pre-Zoning designations; and WHEREAS, the Pre-Zoning application is conforming and consistent to the proposed application amending the City of Lake Elsinore's General Plan Land Use Map; and WHEREAS, City of Lake Elsinore has submitted an additional application for Annexation No. 77; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved Zoning Map; 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 August 1,2006 and September 19,2006. 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 Pre- Zoning No. 2006-04, prior to making a decision to recommend that the City Council approve the proposed amendment to the Zoning Map. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005- 12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). PLANNING COMMISSION RESOLUTION NO. 2006-99 Page 2 of3 SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zone Change No. 2006-04 have been made: 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre-Zoning has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested Pre-Zoning, allowing the annexation of the subject property is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this nineteenth day of September, 2006, by the following vote: - PLANNING COMMISSION RESOLUTION NO. 2006-99 Page 3 of3 AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE ~ olfe M. Prelsendanz, Director of Community Development P:\ALL FILES\2006 Projects\Annexation 77 - Centex\PC RESO Pre- Zoning 9-19-06 (orig. 8-1-06).doc RESOLUTION NO. 2006-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 77 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE LOCATED ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE WHEREAS, the City of Lake Elsinore has initiated the annexation of the subject approximately one hundred fifty-four (154) acre site from the County of Riverside's jurisdiction and within the City of Lake Elsinore's Sphere of Influence area, into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000- 56001); and WHEREAS, the City of Lake Elsinore has initiated Pre-Zoning No. 2006- 04; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for annexations; 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 August 1,2006 and September 19,2006. 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 request for the annexation (Annexation No. 77), prior to making a decision to recommend that the City Council commence proceedings to annex the subject territory. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005- - PLANNING COMMISION RESOLUTION NO. 2006- 100 Page 2 of3 12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 (Government Code Section 56000-56001, State Planning and Zoning law, and the Lake Elsinore Municipal Code the Planning Commission makes the following findings for the approval of Annexation No. 77: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. The proposed annexation area borders the City of Lake Elsinore. The project proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will eliminate a pocket area. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The project will not have a significant effect on the environment and is consistent with the City's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of government servIces. The proposed annexation consists of the removal of 154 acres of land from the County of Riverside's jurisdiction and placement of the same into the city limits of Lake Elsinore. The annexation area borders the City of Lake Elsinore. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this nineteenth day of September, 2006, by the following vote: - PLANNING COMMISION RESOLUTION NO. 2006- 100 Page 3 of3 AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA FLORES AND ZANELLI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE D:n- Rolfe M. Preisendanz, Director of Community Development P:\ALL FILES\2006 Projects\Annexation 77 - Centex\PC RESO Annnexation 9-19-06 (orig. 8-1-06).doc RESOLUTION NO. 2006-101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION NO. 2006-06 WHEREAS, Pacific Aggregates, Inc. has filed an application with the City of Lake Elsinore requesting review and approval of Reclamation Plan No. 2006-01 for a 211.40 acre site located on the east side of the I -15 Freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015, -023, and -024 (the "Project"); and WHEREAS, the standards and requirements of the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines apply only to discretionary projects, which are defined in CEQA Section 21065 as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Project is a discretionary project within the meaning of Section 21065 of CEQA because it involves extensive reclamation activities which may cause both a direct and indirect physical change in the environment and no reclamation activities may begin on the Project site until the Planning Commission approves the Reclamation Plan for the Project; and WHEREAS, an Initial Study was conducted on the Project and revealed that the Project may have potentially significant environmental impacts; and WHEREAS, pursuant to CEQA Guidelines 15070-15075, it was further determined that all potentially significant environmental impacts could be mitigated to a statistical level of insignificance and that it was appropriate to prepare Mitigated Negative Declaration No. 2006-01 to address the environmental impacts of the proj ect; 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 October 3,2006. PLANNING COMMISSION RESOLUTION NO. 2006-101 PAGE20F3 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 has found it acceptable. The Planning Commission finds and determines the Project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated Negative Declaration No. 2006-06 is adequate and prepared in accordance with the requirements of the CEQA and the CEQA Guidelines. SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the Planning Commission makes the following findings for the approval of the Mitigated Negative Declaration No. 2006-06: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant and city worked closely with representatives of South Coast Air Quality Management District ("South Coast") to address potential degradation of air quality. South Coast's comments to the Mitigated Negative Declaration were integrated into the Proj ect design. The applicant has made revisions to the project and has agreed to specific conditions which mitigate the potentially significant environmental effects of the Project to a level of "less than significant. " 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received in light of the whole record, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program, the Habitat Mitigation and Monitoring Plan, and the conditions of approval. 3. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from PLANNING COMMISSION RESOLUTION NO. 2006-101 PAGE 3 OF 3 reclamation of the surface mining operations are mitigated to the maximum extent feasible. Mitigated Negative Declaration 2006-06, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: Commissioners: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: /JnJ1--- Rolfe M. Preisendanz Director of Community Development - RESOLUTION NO. 2006-102 (/ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS RECLAMTAION PLAN NO. 2006-01 IS EXEMPT FROM THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pacific Aggregates Inc., has submitted an application for Reclamation Plan 2006-01, located on the east side of the 1-15 Freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015,-023, and -024 (the "Proj ect"); and WHEREAS, Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock Alberhill Ranch Limited Partnership, (collectively "Owner") entered into that certain settlement agreement and memorandum of understanding (the "Settlement Agreement") with the County of Riverside on February 24, 2004, which exempts and excludes all of the Owner's properties (including present and future uses and development of Owner's properties) from the MSHCP for all purposes; and ~ WHEREAS, the Project site is owned by Castle & Cooke Lake Elsinore Outlet Centers, Inc. and is covered by the terms of the Settlement Agreement and is therefore exempt from the requirements of the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), Mitigated Negative Declaration No. 2006-01 and the corresponding Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; 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 hearing held with respect to this item on October 3, 2006. Q - PLANNING COMMISSION RESOLUTION NO. 2006-102 PAGE20F2 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission acknowledges the Settlement Agreement which exempts and excludes this Project from the requirements of the MSHCP for all purposes. Because the Project is exempt from the MSCHP, the Planning Commission takes no further MSHCP action with regard to this Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development - RESOLUTION NO. 2006-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RECLAMATION PLAN NO. 2006-01 WHEREAS, Pacific Aggregates, Inc. has filed an application with the City of Lake Elsinore requesting approval of Reclamation Plan No. 2006-01 for a 211.40 acre site located on the east side of the 1-15 freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015, -023, and -024 (the "Project"); and WHEREAS, pursuant to Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Reclamation Plans; and WHEREAS, pursuant to 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.), Mitigated Negative Declaration No. 2006-06 and the corresponding Mitigation Monitoring and Reporting Program were prepared to mitigate any potentially significant environmental effects of the Project to a statistical level of insignificance; 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 hearing held with respect to this item on October 3,2006. 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 and reviewed the Project and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code and the provisions of the state Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code SS 2710 et seq.: "SMARA"). PLANNING COMMISSION RESOLUTION NO. 2006-103 PAGE20F6 SECTION 2. That in accordance with Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Reclamation Plan No. 2006-01: 1. The granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity. Approval of the Reclamation Plan will not be detrimental to the public health, welfare or safety or injurious to neighboring properties given that the Reclamation Plan was designed to minimize exposure of the mining and reclamation activities to the public. The Project design encourages concentration of mining and reclamation activities within the inner-most boundaries of the Project site and requires set backs consistent with the Lake Elsinore Municipal Code. The Project has been conditioned to comply with the Lake Elsinore Noise Ordinance and is subject to all enforcement provisions of the Lake Elsinore Municipal Code. In addition, the potentially significant environmental effects of the Project have been analyzed and have been mitigated to a statistical level of insignificance pursuant to Mitigated Negative Declaration 2006-06 and the corresponding Mitigation Monitoring and Reporting Program. 2. The Reclamation Plan complies with SMARA ~ 2772 and ~ 2773, and any other applicable provisions. Reclamation Plan 2006-01 contains all of the required elements outlined in SMARA ~ 2772. The Reclamation Plan identifies the name and address of the surface mining operator, the quantity and type of minerals to be extracted, proposed initiation and termination dates, maximum anticipated depth of surface mining operation, maps describing the topographic details of the Project, a time schedule for mining operations, a description of proposed use or potential uses after reclamation, a description of reclamation, and an assessment of the effect of implementation of the plan. Additionally, Reclamation Plan 2006-01 complies with the standards set forth in SMARA ~ 2773 because the Reclamation Plan was drafted and tailored specifically to the Nichols Canyon Mine property. PLANNING COMMISSION RESOLUTION NO. 2006-103 PAGE30F6 3. The Reclamation Plan complies with applicable requirements of State regulations (14 C.C.R. SS3500-3505, and SS 3700-3713). Reclamation Plan No. 2006-01 was reviewed pursuant to the State Mining and Geology Board reclamation regulations. Title 14 of the California Code of Regulations, Section 3502 identifies six elements which shall be discussed in a Reclamation Plan. Those six elements include: the environmental setting of the site, the public health and safety, the designed steepness and proposed treatment of mined lands' final slopes, areas mined to produce additional material for backfilling and grading, disposition of old equipment, and temporary stream or watershed diversion. Reclamation Plan No. 2006-01 extensively discusses each of these elements. The Reclamation Plan is designed to minimize impacts to the surrounding community and environment. The Reclamation Plan satisfies all of the provisions of the City's Surface Mining and Reclamation Chapter (Lake Elsinore Municipal Code Chapter 14.04), which is the City's implementation of SMARA. 4. The Reclamation Plan and potential use of reclaimed land pursuant to the plan are consistent with the Chapter 14.04 and the City's General Plan all other applicable provisions of the Lake Elsinore Municipal Code. According to the Lake Elsinore General Plan Land Use Element, the City is experiencing significant growth opportunities in terms of new development and redevelopment. A majority of the City's acreage is under construction, approved for construction, or is planned for development. The Land Use Element encourages future urbanization while preserving the environmental characteristics which contribute to a quality of life that attracts residents to the community. Approval of Reclamation Plan 2006-01 assists the City's development goals and intent of the Land Use Element by encouraging the extractive industry and enabling production of necessary raw materials to sustain future development within the City and surrounding areas. The Reclamation Plan is also consistent with the terms of the Open Space Element of the General Plan. The primary focus of the Open Space Element is to encourage conservation, protection and proper management of natural resources within the City. The purpose of the Reclamation Plan is to reclaim, rehabilitate, and revegetate areas that have been disturbed by mining activities. - PLANNING COMMISSION RESOLUTION NO. 2006-103 PAGE 4 OF 6 Indeed, a substantial number of acres of the reclaimed land will be reserved for open space designation throughout the reclamation process. Finally, the Project has been reviewed pursuant to the Lake Elsinore Municipal Code Chapter 14.04 and is consistent with the standards set forth therein. 5. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. Pursuant to the CEQA and the CEQA Guidelines, Mitigated Negative Declaration No. 2006-06 and the corresponding Mitigation Monitoring and Reporting Program were prepared for the Project. Implementation of the mitigation contained in those documents will reduce any potentially significant environmental effects of the Project to a statistical level of insignificance. 6. The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values. The Project lies within the Alberhill Ranch Specific Plan and is subject to the zoning requirements set forth therein. The Alberhill Ranch Specific Plan zones the 211.40 acre site for both commercial and open space uses. The grading plan and anticipated schedule of revegetation set forth in the Reclamation Plan are consistent with the underlying zoning designations and encourage maximum use of the property. Any disturbance to the land or other natural resources caused by mining activities will be rehabilitated pursuant to the terms of the Reclamation Plan. The City Engineering Division has conditioned the Project to maintain finished slopes of 2H: 1 V, which is consistent with engineering industry standards. Such slopes can safely abut commercial uses and are less likely to fail when compared to steeper slopes. In addition, the vegetation palette includes native plants which will encourage the establishment and proliferation of other native species. PLANNING COMMISSION RESOLUTION NO. 2006-103 PAGE 5 OF 6 7. The Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. Reclamation Plan 2006-01 is designed to comply with the City's Surface Mining and Reclamation policies set forth in the Lake Elsinore Municipal Code Chapter 14.04 and the Alberhill Ranch Specific Plan Amendment No.3. Reclamation of the mined lands will result in approximately 98.48 acres of flatly graded land which is commercially zoned under the Alberhill Ranch Specific Plan Amendment No.3. This commercially zoned property affronts the 1-15 freeway and Nichols Road, which is a prime commercial corridor within the City. The approximate 98.48 acres will be restored to support future open space and commercial uses. 8. A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City's position is at a variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. On March 20, 2006, the City of Lake Elsinore Planning Department received comments from the Department of Conservation regarding the Nichols Mine Reclamation Plan. Comments identified in that letter have been incorporated into the Final Reclamation Plan and will be forwarded to the Department of Conservation. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: PLANNING COMMISSION RESOLUTION NO. 2006-103 PAGE 6 OF 6 AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: " ATTEST: f}J)111/-- Itolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE COMMERCIAL DESIGN REVIEW NO. 2006-05 IS CONSISTENT WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC has submitted an application for Commercial Design Review No. 2006-05 for a clubhouse building and associated improvements for a golf course that is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and southwest of Mission Trail within East Lake Specific Plan Amendment No.6 - APN 371-030-038; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary proj ects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) acres are within cell 4937; and WHEREAS, pursuant to 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.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents - PLANNING COMMISSION RESOLUTION NO. 2006-104 PAGE 2 OF 6 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a proj ect, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, in accordance with CEQA Guidelines 15162, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 hearing held with respect to this item on October 3, 2006. 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 has evaluated the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning law, the City of Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following findings that the Project is consistent with the MSHCP: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's PLANNING COMMISSION RESOLUTION NO. 2006-104 PAGE30F6 consistency with other "Plan Wide Requirements." The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, Us. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the US. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Vegetation Mapping (MSHCP, ~ 6.3.1) requirements, Fuels Management Guidelines (MSHCP, ~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the County and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. PLANNING COMMISSION RESOLUTION NO. 2006-104 PAGE40F6 The previously approved ELSP Amendment No.6 was determined to be consistent with the Riparian/Riverine and Vernal Pool Guidelines as set forth in MSHCP ~ 6.1.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP ~ 6.1.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No.6. Additionally, based upon prior approvals, the entire project site has been graded and any plant species which may have existed on the site have been removed. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No.6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP ~ 6.3.2. The Project has not been modified from that which was previously approved under the ELSP Amendment No.6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP ~ 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No.6, no further MSHCP review is necessary and the Project is consistent with the Urban/Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. - PLANNING COMMISSION RESOLUTION NO. 2006-104 PAGE50F6 The previously approved ELSP Amendment No.6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP ~ 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, ~ 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. -. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The Project overall is consistent with the MSHCP. As stated in No.1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this third day of October, 2006, by the following vote: - PLANNING COMMISSION RESOLUTION NO. 2006-104 PAGE 6 OF 6 AYES: Commissioners: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ~ichael Ne, Chairman ~ity of Lake Elsinore A1ff;?Jv Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-105 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE FOR A FUTURE GOLF COURSE FACILITY ASSOCIATED WITH THE LAING CP LAKE ELSINORE, LLC DEVELOPMENT WHEREAS, Laing CP Lake Elsinore, LLC has initiated proceedings for Commercial Design Review No. 2006-05 for the design and construction of a clubhouse building and associated improvements located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street, and southwest of Mission Trail within the East Lake Specific Plan Amendment No.6 - APN No. 371-030-038 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build-out of the specific plan, which contemplated development of a golf course and clubhouse; and PLANNING COMMISSION RESOLUTION NO. 2006 -105 PAGE20F4 WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 hearing held with respect to this item on October 3,2006. 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 prior to making a decision to recommend that the City Council approve the Commercial Design Review No. 2006-05. SECTION 2. The Planning Commission finds and determines that no new CEQA documentation is necessary for the Project given that any and all potentially significant environmental impacts of the clubhouse were analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No.6. 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 Commercial Design Review No. 2006-05: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6 in that the approval of this clubhouse building will assist in the creation of additional job opportunities within the community. Moreover, the Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. PLANNING COMMISSION RESOLUTION NO. 2006 -105 PAGE 3 OF 4 2. The Project complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the clubhouse building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the future proposed residential development and will create a visually pleasing, non-detractive relationship between the proposed development. The Craftsman style architecture of the building will also be used within the residential development and will tie the architecture of the two segments of the community together. Design features such as wood shingles, elongated windows with wide wood trim, wood trellis porte cochere with masonry based columns, exposed rafter tails, wood outlookers and varying roof lines provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary for the proposed project pursuant to CEQA Guidelines Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006 -105 PAGE40F4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: M7~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-106 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENTIAL DUPLEX PROJECT LOCATED ON KELLOGG STREET WHEREAS, an application has been filed with the City of Lake Elsinore by B T Development Company, Inc. requesting approval of a Minor Design Review for a residential duplex building to be constructed on one (1) vacant lot located on Kellogg Street between Pottery Street and Sumner Avenue (APN 374-004-007) pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC), and the Historic Elsinore Architectural Design Standards 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 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 October 3,2006. 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 duplex residences and has found them acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 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. PLANNING COMMISSION RESOLUTION NO. 2006-106 PAGE20F3 ........ The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) complies with the goals and objectives of the General Plan, in that the approval of the duplex residences will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. The Craftsman architecture meets the requirements of the Historic Elsinore Architectural Design Standards. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) are appropriate in size and design to the lot and meets all setback requirements, provides front yard landscaping, and complies with the Historic Elsinore Architectural Design Standards by proposing Craftsman style architecture. Features include wrap around covered porches, horizontal wood siding, decorative windows with wide trim, elephantine columns with masonry trim, wood railing, multiple roof planes, and vertical siding at gabled ends. The duplex residences 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 architectural design, color and materials proposed meet or exceed the size and design of the homes in the surrounding area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) 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, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been PLANNING COMMISSION RESOLUTION NO. 2006-106 PAGE30F3 incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) has been scheduled for consideration and approval of the Planning Commission. The project has been conditioned to comply with the LEMC and Historic Standards. The Minor Design Review has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable Sections of the LEMC and the Historic Standards. The project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this third day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: OTNEAL, GONZALES, FLORES, MENDOZA AND ZANELLI NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006- 107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW 2006-01 (12006-01) IS CONSISTENT WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006-01 for the design and construction of a industrial building with two-story offices with related improvements located at 570 3rd Street - APN 377-151-039 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to 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.), the Project is categorically exempt from further CEQA review pursuant to a class 32 categorical exemption for in-fill development projects (CEQA Guidelines S 15332). WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development PLANNING COMMISSION RESOLUTION NO. 2006- 107 PAGE20F4 Department and other interested parties at a public hearing held with respect to this item on October 3, 2006. 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's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the Riparian/Riverine PLANNING COMMISSION RESOLUTION NO. 2006- 107 PAGE30F4 Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines setforth in Section 6.1.3. Nofurther MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. PLANNING COMMISSION RESOLUTION NO. 2006- 107 PAGE 4 OF 4 10.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date.of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe M. Preisendanz Director of Community Development - RESOLUTION NO. 2006-108 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2006-01 FOR AN INDUSTRIAL BUILDING WITH TWO-STORY OFFICES WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006-01 for the design and construction of an industrial building with two-story offices and related improvements located at 570 3rd Street - APN: 377-151-039 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; 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 hearing held with respect to this item on October 3, 2006. 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 prior to making a decision to recommend that the City Council approve Industrial Design Review No. 2006-01. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15332, an exemption for in-fill development projects. 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 Industrial Design Review No. 2006-01: 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 Project complies with the goals and objectives of the General Plan in that the approval of the industrial building will assist in achieving development of a PLANNING COMMISSION RESOLUTION NO. 2006 -108 PAGE20F3 well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. The General Plan designationfor the Project site is Business Park. The primary purpose of areas designated Business Park is to provide for light industrial, research and development, support services, and office based firms seeking an attractive environment and a prestigious location. The land use category permits a limited amount of business, commercial, and personal services that directly serve the users and employees of the Business Park and it is intended that allowed uses and storage of supplies, equipment, or materials will be contained within an enclosed building. The zoning designationfor the Project site is M-l (Limited Manufacturing). The intent of the M-l District is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other harmonious uses. 2. The Project complies with the design directives contained in Section 17.82. and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed industrial building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further, the Project 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 architectural design, color, and materials, and site design proposed evidence a concern for quality and originality. The industrial building has been designed to include a twenty-foot (20') front-yard landscaped setback, architectural roof cornicing, eight-inch (8 '') concrete panel pop-outs, and adequate onsite landscaping. The industrial building will be constructed of concrete "tilt-up" walls. The primary color of the walls will be "white, " the accent pop-out walls will be the color "brown, " and have a lower band color of "beige." All roll-up doors will be painted "brown" and the architectural roof cornice will be stuccoed foam painted "brown." The windows and doors at the front of the building will be comprised of anodized aluminum with solar glazing in a "solar gray. " 3. Subject to the attached conditions of approval, the proposed Project is not anticipated to result in any significant adverse environmental impacts. PLANNING COMMISSION RESOLUTION NO. 2006 -108 PAGE30F3 Pursuant to CEQA, the Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15332, an exemption for in-fill development projects. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to Lake Elsinore Municipal Code Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting of October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: M' hael O'Neal, airman ty of Lake Elsinore ATTEST: ~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-109 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY RESIDENCE WHEREAS, Juan Reveles has filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for a single-family dwelling unit on property located approximately 215-feet southwest of Gunnerson Street and 20-feet northwest of Pinnell Street, at 29414 Pinnell Street (APN: 378-171- 009/010) (the "Project"); and 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, 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 October 17, 2006. 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 dwelling unit and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the R-l (Single-Family Residential) development 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 ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), the Planning Commission makes the following findings for the approval of the Proj ect: 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. PLANNING COMMISSION RESOLUTION NO. 2006-109 PAGE20F4 The Project complies with the goals and objectives of General Plan designation Future Specific Plan J (Country Club Heights #1) and the zoning district R-1 (Single-Family Residential). The General Plan designation of Future Specific Plan J (Country Club Heights #1) is intended to provide for a range of housing densities and some limited commercial and industrial uses. The primary objective for Future Specific Plan J is the consolidation of multiple lots into viable building sites. The maximum permissible average residential density within Future Specific Plan J is six (6) dwelling units to the acre. The R-1 (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. The approval of 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 R-1 (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project will contribute to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project incorporates elements of "Mediterranean" style architecture and 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 to enhance the existing developed areas within General Plan designation Future Specific Plan J (Country Club Heights #1) and zoning designation R-1 (Single-Family Residential). 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 is appropriate to the site and surrounding developments in that the Project design incorporates a forty-six foot (46') front-yard setback, a fifty-two foot (52') rear-yard setback, sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing projects in that the applicant is providing elements of "Mediterranean" style architecture which includes: an arched front-entry porch, double front-entry door with sectional windows adjacent and above, window surrounds, coach lights, a decorative garage door, window surrounds, a belly-band, "rosette" foam attic vents, and a concrete tile roof The color palate selectedfor the Project includes: La Habra stucco painted "Fallbrook, " stucco/column trim painted "Sandstone, " PLANNING COMMISSION RESOLUTION NO. 2006-109 PAGE30F4 fascia board painted "Burbury Beige, " and concrete tile roof shingles by Eagle Roofing Products in a "Concord Blend. " 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a) the Project is exempt from environmental review because it involves the construction of one single- family residence in a residential zone. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Proj ect to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and action of the Planning Commission on October 17, 2006. The Project has also been conditioned to comply with the LEMC. For example, condition of approval Number 8 states: "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 R-1 (Single-Family Residential) zoning district. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-109 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 17th day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /!?1'lfL--- Rolfe Preisendanz Director of Community Development CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 29414 Pinnell Street (APN: 378-171-009/010) APPROVAL DATE: EFFECTIVE DATE: OCTOBER 17, 2006 OCTOBER 26, 2006 PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (l0) 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. 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 Planning Commission Approved 10/17/2006 approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a single-family dwelling unit located at 29414 Pinnell Street (APN: 378-171-009/010) 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. 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, and development standards pursuant to the R-I (Single- Family Residential) 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. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. I O.If the applicant proposes to remove or relocate any existing palm trees, he/she will have to ascertain a permit from the Community Services Department prior to removal, pursuant to Chapter 5.78 (Significant Palm Trees) of the LEMC. II.All necessary exterior/ancillary equipment shall be effectively screened from Planning Commission Approved 10/17/06 public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 12.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 13.The Applicant is to meet all applicable City Codes and Ordinances. 14.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. 15. 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. 16. 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. 17.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. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19. 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. Planning Commission Approved 10/17/06 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 21.Driveways shall be constructed of concrete per Building and Safety Division standards. 22.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. 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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 27.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 of a building permit. Planning Commission Approved 10117/06 28.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. 29.The applicant shall pay park-in-lieu fees in effect at the time, prior to issuance of building permits. 30. 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. 3l.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 334l3(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. 32. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 33.The applicant/developer shall submit a "Will Serve" letter to the City Planning 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. The applicant shall submit this letter prior to applying for a building permit. Planning Commission Approved 10117/06 34.Prior to the issuance of a building permit, the applicant shall submit assurances to the Planning Division that he/she has applied for a lot merger from the City's Engineering Division. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 35.The applicant shall plant twenty-four inch (24") box street trees on center (o.c.), selected from the City Street Tree List, a maximum of thirty feet (30') apart and 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. 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. 41.Prior to the issuance of a Certificate of Occupancy, the rear and side yard slope shall be automatically irrigated and fully landscaped with erosion control vegetation. Planning Commission Approved lOll 7/06 ENGINEERING DIVISION GENERAL CONDITIONS 42.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to the issuance building permit. 43.The process and meet all parcel merger requirements prior to building permit. 44. The applicant shall 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. 45.All 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. 46. The applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 47.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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.All grading and street improyement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and shall include city specific general notes for grading or stroet improvements respecti'<;ely. Digital files for the border and the notes are available upon request to "agutierrez@lake-elsinore.org". (Modified by Planning Commission on October 17,2006) DEDICATIONS PlarU1ing Commission Approved 10/17/06 49.The applicant shall dedicate a ten-foot (10') slope easement or right of way along the Pinnell Street property line for future street alignment prior to issuance of building permit (pursuant to Resolution No. 87-64). 50.All public right-of-way dedications shall be prepared by the applicant or his agent. All deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 51.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement grading plans and approved and signed by the City Engineer prior to issuance of building permits. (Modified by Planning Commission on October 17, 2006) 52. 53. The applicant shall pay all fees and meet all requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (pursuant to LEMCI2.08 and Resolution No. 83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 54. The developer/applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit. 55. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 56.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill in 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. All contours shall extend to minimum of 15 feet Planning Commission Approved lOll 7106 beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 57. The applicant shall provide soils, geology and seismic report, as part of this report and address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide a final soils report showing compliance with recommendations. 58. The applicant is to provide erosion control measures as part of the 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. 59.All grading shall be done under the supervision of a geotechnical engineer and he/she shall certify that all slopes steeper than (2 to I) have stability and proper erosion control measures incorporated. DRAINAGE 60.All 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. 61.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. 62.All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs shall drain to a landscaped area. All driveways shall be sloped to drain into a landscaping area prior to entering street facilities. 63.The applicant shall submit a Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. The developer/applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. Planning Commission Approved 10/17/06 FEES 64. The applicant shall pay all Capital Improvement and Plan Check fees (pursuant to LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $1,311 (Riverside So. Dist. and the current TUMF amount is $9,693.00, the amount of fees shall be adlusted according to the fee schedule current at the time of payment. 65. The applicant shall provide in-lieu payment for future off-site public improvements prior to building permit.(pursuant to Resolution No. 86-35). All in-lieu payments shall be calculated by the developers' engineer or architect and submitted for the 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. STORMWATERlCLEANWATER PROTECTION PROGRAM 66. The 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 for review. 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 as well as state and federal law. COMMUNITY SERVICES DEPARTMENT 67. The developer/applicant is to pay park fees of 1,600 dollars per unit. 68. The developer/applicant is to comply with all NPDES storm water requirements. Planning Commission Approved 10/17/06 '- 69.The developer/applicant is to participate in the City-wide LLMD. 70. The developer/applicant is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 71. The developer/applicant is to meet City curb, gutter, and sidewalk requirements. 72.The City's Landscape Architect is to review all landscape and/or irrigation plans. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 73. Under the provisions of SB 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 compliance by the District. Planning Commission Approved 10117/06 RESOLUTION NO. 2006-110 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY RESIDENCE WHEREAS, Julian Suarez has filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for a single-family dwelling unit on property located approximately 145- feet northwest of Machado Street and 20-feet southwest of Larson Road, at 15087 Larson Road (APN: 379-080-050) (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 proj ects; and WHEREAS, notice of the Minor Design Review consideration 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 October 17, 2006. 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 dwelling unit and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the R-l (Single-Family Residential) development 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 ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the Planning Commission makes the following findings for the approval of the Project: PLANNING COMMISSION RESOLUTION NO. 2006-110 PAGE20F4 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 Project complies with the goals and objectives of General Plan designation Low Medium Density (LMD) as well as R-l (Single-Family Residential) zoning district. The General Plan designation of Low Medium Density (LMD) is intended for quality single-family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over-extension of facilities. The R-l (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. Approval of 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 R-l (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates elements of "Ranch" 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 to enhance the existing developed areas within General Plan designation Low Medium Density (LMD) and R-l (Single-Family Residential) zoning designation. 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 is appropriate to the site and surrounding developments in that the proposed single-family residence has provided: a forty-foot (40') front- yard setback, a jifty-three foot (53') rear-yard setback, sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing projects in that the applicant is providing elements of "Ranch" style architecture which PLANNING COMMISSION RESOLUTION NO. 2006-110 PAGE30F4 includes: Ranch style window surrounds with divided window lites, decorative coach lights, ledge stone base veneer (Rustic Southern), arched front-entry columns, a chimney with a cap, and a concrete tile roof In addition, the applicant is providing a variety of colors and material which include: La Habra stucco painted "Misty," widow/door trim painted "white, " a rear open-trellis wood patio painted "white" and a "brown" light-weight concrete tile roof 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single- family residence in a residential zone. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to LEMC Section 17.82.070 the Project has been scheduled for consideration and action of the Planning Commission on October 17, 2006. The Project has also been conditioned to comply with the LEMC. For example, condition of approval Number 8 states: "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 R-1 (Single-Family Residential) Zoning district. " SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-110 PAGE40F4 PASSED, APPROVED AND ADOPTED this 17th day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /~ Rolfe Preisendanz Director of Community Development CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) APPROVAL DATE: EFFECTIVE DATE: OCTOBER 17, 2006 OCTOBER 26, 2006 PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) 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. 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. Planning Commission Approved 10/17/06 4. Minor Design Review approval of a single-family dwelling unit located at 15087 Larson Road (APN: 379-080-050) 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. 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, and development standards pursuant to the R-l (Single- Family Residential) 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. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 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 so noted on the construction plans. 12. The Applicant is to meet all applicable City Codes and Ordinances. Planning Commission Approved 10/17/06 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. 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. IS. 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. 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 Planning Commission Approved 10117/06 (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 22. 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. 23.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. 24. 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. 25.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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 26.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 of a building permit. 27. 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. 28.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') stuccoed block pilasters with wrought-iron fencing return walls on both sides of the proposed dwelling unit. In addition, the proposed stuccoed block pilasters shall aesthetically match the exterior stucco of the proposed dwelling unit. Planning Commission Approved lO!l7/06 29.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 30. 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. 31.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. 32.Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal 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. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34. The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for Planning Commission Approved 10/17/06 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. 35.Prior to the issuance of a building permit, the applicant shall provide verification to the Planning Division that the proposed project lies outside the required distance for mandatory sewer connection. The applicant shall connect to the existing sewer line located within the Machado Street right-of-way as required by the California Uniform Plumbing Code. (Modified by the Planning Commission on October 17, 2006) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 36.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. 37. 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. 38.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. 39.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. 40.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. 41. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. Planning Commission Approved lOll 7/06 ENGINEERING DIVISION GENERAL 42.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 43.The applicant/developer shall 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. The applicant shall submit this letter prior to applying for a building permi t. 44.All 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. 45.The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 46.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. 47.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 48.The original copy of grading plans to be submitted to engineering Department shall be on 24" x 36" Mylars with city specific boarder and title block and city specific grading notes all of which may be made available in digital files upon request via an e-mail to agutierrez@lake-elsinore.org. Planning Commission Approved 10/17/06 STREET IMPROVEMENTS 49.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 50. The applicant/developer shall 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 51. The applicant/developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit. 52. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to any grading activity. 53.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of cut and fill grading volume exceeds 50 cubic yards and the existing 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. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 54.The developer/applicant to provide erosion control measures as part of their grading plan. The developer/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. 55.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. Planning Commission Approved 10/17/06 DRAINAGE 56.All On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 57.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. 58.All 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. FEES 59. The applicant/developer shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $1,369.00 and the drainage fee is $1,284.00 (Northwest Lake Management. Dist.) and the TUMF amount is $9,693.00. 60.The applicant/developer shall pay in-lieu payment for future off-site public improvements prior to building permits (Resolution # 86-35), the amount shall be based on estimated quantities of the improvements and current cost of construction by the design engineer subject to the approval by the City Engineer. STORMW ATER/ CLEANWATER PROTECTION PROGRAM 61. The 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. Planning Commission Approved 10/ I 7/06 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. COMMUNITY SERVICES DEPARTMENT 62. The developer is to pay park fees of $1 ,600 per unit. 63. The developer will be required to participate in the "public facility" fee program. 64.The developer is to comply with all NPDES storm water requirements. 65.The developer is to participate in the City-wide LLMD. 66. 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. 67. The developer is to meet City curb, gutter, and sidewalk requirements. 68.The City's Landscape Architect is to review all landscape and/or irrigation requirements. 69. The developer is to provide half-width street improvements. Lake Elsinore Unified School District 70.Under the provisions of SB 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 compliance by the District. Planning Commission Approved 10117/06 RESOLUTION NO. 2006-111 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE WHEREAS, an application has been filed with the City of Lake Elsinore by Rob Skrede and Natalie Tornero requesting approval of a Minor Design Review for a single family residence to be constructed on a vacant lot located at 988 Miramar Street (APN 373-054-021); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving, conditionally approving, or denying Minor Design Review requests for residential 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 October 17,2006. 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 that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the Historic Overlay District. 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 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with Chapter 17.82 (Design Review) of the LEMC, 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 General Plan and the Zoning District in which the Project is located. PLANNING COMMISSION RESOLUTION NO. 2006-111 PAGE20F3 The Project complies with the goals and objectives of the General Plan in that the approval of this single family residence will assist in achieving the development of a well-balanced and functional mix of residential homes, as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories in that the applicant is proposing a conventionally built home utilizing Monterey architectural design. 2. The Project complies with the design directives contained in LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate in size and design to the lot and meets all setback requirements, provides front yard landscaping, and complies with the Historic Elsinore Architectural Design Standards by proposing Monterey style architecture. Features include second story balconies with wood railing and covered roofs, multiple paned windows with wide trim, shutters, cultured stone wainscot, multiple roof lines with rafter tails, and a tower structure. The single family residence 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 architectural design, color and materials proposed meet or exceed the size and design of the homes in the surrounding area. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single-family residence in a residential zone. 4. Conditions and safeguards pursuant to LEMC Chapter 17.82.100, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Proj ect to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The Project has been evaluated pursuant to LEMC Section 17.82.100 (Minor Design Review), all other provisions of the LEMC, and the Historic Standards. The Project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. PLANNING COMMISSION RESOLUTION NO. 2006-111 PAGE30F3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /JJ7~ Rolfe M. Preisendanz Director of Community Development CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. 2. The decision of the Planning Commission shall be final ten (10) 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. PLANNING DIVISION 3. Minor Design Review approval of a single family residence located at 988 Miramar Street APN 373-054-021 will lapse and be void unless a building permit is issued within one (1) year of the approval date and construction commenced and diligently pursued toward completion. 4. 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. 5. 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. Page 1 of 10 Planning Commission Approved 10/17 JOG CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 6. 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 pursuant to 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 Conditions of Approval, or the Planning Commission through subsequent action. 7. 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. 8. All windows shall use surrounds and/or other architectural-type features as shown on the approved plans or modified with the approval of the Community Development Director or designee. 9. At minimum the applicant shall use concrete tile or similar material approved by the Community Development Director or Designee on the dwelling. Roofing mate~als shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 10.The applicant shall meet all applicable City Codes and Ordinances. l1.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. 12.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. Page 2 of 10 Planning CommisslOll Appro,-ed IO/l7 lOG CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 13.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. 14. The applicant shall meet all applicable County Fire Department requirements for fire protection. 15. The applicant shall meet all applicable Building and Safety Division requirements. 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. 18.The applicant shall plant and maintain twenty-four inch (24") box street trees selected from the City Street Tree List, a maximum of thirty feet (30') on center and 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. 19. The applicant shall provide and maintain 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 shall be implemented prior to issuance of a Certificate of Occupancy. 20.Planting within fifteen feet (IS') of ingress/egress points shall be no higher than 36 inches. Page 3 of 10 Planning Commission ,-\pprov-ed 10/17/06 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 21. The applicant shall provide front yard irrigation systems as shown on the landscape plans. The irrigation system shall be implemented prior to the issuance of a Certificate of Occupancy. 22. 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. 23.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. 24.Driveways shall be constructed of concrete per Building and Safety Division standards. 25. 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. 26. The applicant shall be limited to the use of the following has elected to use three (3) types of fencing: 1) A five foot (5') tubular steel with five foot (5') decorative masonry pilaster shall be constructed along Miramar Street and Franklin Street; and 2) The City Standard six foot (6') wood fence shall be constructed along the eastern and northern interior property lines; and 3) A six foot (6') tubular steel fence shall be constructed along the farthest eastern property line and southern property line. 27.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. 28.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad for trash barrels shall be concealed from public view. Page 4 of 10 Planning Commission ,\pprovecl to/ 17 JOG CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 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 meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 32.The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 33.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 34. 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. 35.The Applicant shall pay all applicable Library Capital Improvement Fund fee. 36.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 Page 5 of 10 Planning Commission "\pproved 10/17/06 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 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. ENGINEERING DIVISION 37.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. 38.The applicant shall 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. Submit this letter prior to applying for a building permit. 39.The applicant shall make arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley. Arrangements shall be the responsibility of the property owner or his agent. 40. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 41.1n 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. 42.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into the City's specific border and title block and include the City's 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". Page 6 of 10 Planning Commission Approved 1 0/17 JOG CONDITIONS OF APPROV AL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET DEDICATION 43.The applicant shall dedicate a 10' wide strip of additional street right-of-way along the Franklin Street, and along the Miramar Street property lines to the City prior to issuance of building permit. 44. The applicant shall dedicate additional right-of-way for a standard comer cutback for the future curb return at the Franklin Street and Miramar Street comer of the lot. 45.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 prior to issuance of building permit. STREET IMPROVEMENTS 46.Miramar Street shall be graded within its right of way and improved, with a 20' wide 3" AC on 4" AB centered at centerline of the roadway, 10' from centerline of Franklin Street to a least 5' beyond the driveway within Miramar Street (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permits (LEMC 16.34). 47. The driveway shall be located within Miramar Street at a safe distance Franklin Street curb return to allow adequate space on Miramar Street for a car before entering into Franklin Street. 48.A California 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 the LEMC (Chapters 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 Franklin Street and Miramar Street centerlines. Page 7 of 10 Planning Commission ,-\pprov-ed 10/17/06 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 49.1f 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. 50. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 5l.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 52.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. GRADING 53. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 54. The applicant shall apply for and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55. The applicant shall 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. Page 8 of 10 Planning Commission Approved 10/17/0G CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 56. The applicant shall provide soils, geology, and seismic reports, addressing the requirements of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide a final soils report showing compliance with the recommendations. 57.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. DRAINAGE 58.0n-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 59.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. 60.Roof drains shall not be allowed to outlet directly through coring in the street curb. 61.Roofs should drain to a landscaped area. 62. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES 63.The applicant shall provide in-lieu payment for future off-site public improvements on Franklin Street 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. Page 9 of 10 Planning Commission Approved 1O/17/0G CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 64.The applicant shall 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 $1,995.00 (Town 2 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW ATER/ CLEANW A TER PROTECTION PROGRAM 65.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-stormwater discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Stormwater 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. Page 10 of 10 Planning Cornmission A.pproved 10/17/06 RESOLUTION NO. 2006-112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2006- 07 AND THE MITIGATION MONITORING PROGRAM APPERTAINING THERETO, FOR THE SLOPE STABILIZATION PLAN AT WASSON CREEK, IN TENTATIVE TRACT MAP NO. 31792 WHEREAS, Lennar Homes has filed an application with the City of Lake Elsinore to remediate and stabilize an existing manufactured slope (the "Proj ect"); and WHEREAS, the Slope Stabilization Plan qualifies as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially significant environmental impacts could be mitigated to a level of insignificance with the mitigation measures and conditions of approval imposed on the Project. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-07 to address the potentially significant environmental impacts; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community PLANNING COMMISSION RESOLUTION NO. 2006-112 PAGE20F3 Development Department and other interested parties at a public hearing held with respect to this item on October 17, 2006. 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 Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program prior to recommending to the City Council that the documents be approved. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Mitigated Negative Declaration No. 2006-07 and the related Mitigation Monitoring Program: 1. On the basis of the whole record before the Planning Commission, including the initial study and both verbal and written testimony received from the public, there is no substantial evidence that the project will have a significant effect on the environment. 2. Based on the lack of native habitat on the Project site, there is no potential for the Project to affect the fish or wildlife species or plants or plant communities. No known historical or prehistoric resources exist on the Proj ect site. 3. The Project does not have individual nor cumulative impacts that would be deemed considerable. 4. The Project will not result in any significant impacts to human beings. Sufficient construction control measures have been identified to reduce short-term construction impacts to below a level of significance. Compliance with the many federal, state and local regulations already placed on the Project will ensure that the AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-112 PAGE30F3 Proj ect contains sufficient prevention and containment measures to reduce any hazards associated with storage, use and transport of hazardous substances to a less than significant level. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: a , Chairman Planning Commission ATTEST: ;/)/J71L-- Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS SLOPE STABILIZATION PLAN FOR WASSON CREEK ("ROSETTA HILLS") AND ASSOCIATED MITIGATED NEGATIVE DECLARATION NO. 2006- 07 IS EXEMPT FROM THE WESTERN RIVERSIDE COUNTY MULTI-SPECIES HABITAT CONSERVATION PLAN ("MSHCP") WHEREAS, pur suant to a condition of approval imposed upon Design Review No. 2005-20, which was approved by the Lake Elsinore Planning Commission on June 20, 2006, Lennar Homes, c/o Ellen Michiel, has submitted a Slope Stabilization Plan for Wasson Creek ("Rosetta Hills") to perform remedial grading to reconstruct and stabilize an existing manufactured slope (the "Project"); and WHEREAS, pursuant to 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.), Mitigated Negative Declaration No. 2006-07 and a Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; 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 hearing held with respect to this item on October 17, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby determines that the Project is exempt from the MSHCP for the following two reasons: First, the Slope Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 constitute a part of the whole action related to development of the Villages at Wasson Canyon. The Slope Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 have been drafted in satisfaction of the conditions of approval for Design Review No. 2005-20. The PLANNING COMMISSION RESOLUTION NO. 2006-113 PAGE20F2 Slope Stabilization Plan and Mitigated Negative Declaration No. 2006-07 do not constitute a new discretionary project for purposes of environmental review. Second, the Slope Stabilization Plan outlines remediation for slopes that were scarred and developed as part of the formation of CFD No. 90-3. The Project site has already been disturbed by grading activities as part of the CFD development. Given the level of disturbance, no sensitive habitat exists on the site worthy of preservation or dedication. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006- 114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS CANYON CREEK PROFESSIONAL OFFICE BUILDING IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Architectural Team Three, c/o Lon Bike, has submitted an application for Design Review and Tentative Condominium Map approval for the Canyon Creek Professional Office Building located on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82 and Lake Elsinore Municipal Code Chapter 16, requests for design review consideration and tentative condominium map review, respectively, are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006); and PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE20F5 WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary; 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 hearing held with respect to this item on October 3,2006. 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's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE30F5 Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies within Criteria Cell #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is exempt from the MSHCP by virtue of a common law vested rights agreement between the previous landowner and the City. Therefore, the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE 4 OF 5 further focused surveys are requiredfor the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. No additional mitigation measures or conditions of approval are required. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The entire Project site has been rough-graded. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6. 3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No additional mitigation measures or conditions or approval are required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE50F5 10.The Project is consistent with the MSHCP. As stated in Finding No. 1 above, the Project is exempt from the requirements of the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: A~ Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-115 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-02 FOR THE CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2006-02 for the design and construction of a two-story professional office building with related improvements located within the Canyon Creek Summerhill Specific Plan on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; 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 hearing held with respect to this item on October 3,2006. 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 prior to making a decision to recommend that the City Council approve Commercial Design Review No. 2006-02. SECTION 2. That pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006). And, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already PLANNING COMMISSION RESOLUTION NO. 2006 -115 PAGE20F4 been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. 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 Commercial Design Review No. 2006-02: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of this professional office building will assist in the creation of additional job opportunities within the community. Moreover, the Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the professional office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the quality of existing PLANNING COMMISSION RESOLUTION NO. 2006 -115 PAGE30F4 development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the Project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed Project pursuant to Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Proj ect to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006 -115 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI COMMISSIONERS: MENDOZA NOES: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /JJ777J' -- Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-116 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 34864 FOR CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Architectural Team Three, c/o Lon Bike, has filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment of a office condominium building known as the Canyon Creek Professional Office Building to be located south of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential projects to the City Council; 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 hearing held with respect to this item on October 3,2006. 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 has found it acceptable. The Planning Commission finds and determines that the Project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. That pursuant to 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.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006). PLANNING COMMISSION RESOLUTION NO. 2006-116 PAGE20F3 And, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the proj ect. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions," the Planning Commission makes the following findings for the approval of the Tentative Condominium Map 34864: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Project, as designed, assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opportunities and a satisfying office environment. 2. The effects that this Project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The additional office spaces provided by the Project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents and businesses. PLANNING COMMISSION RESOLUTION NO. 2006-116 PAGE30F3 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI MENDOZA ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /7?77J----- Rolfe Preisendanz Director of Community Development RESOLUTION NO. 2006-117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS RESIDENTIAL DESIGN REVIEW 2006-06 (R 2006-06) IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to 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.), the Project is categorically exempt from further CEQA review AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-117 PAGE20F4 pursuant to a class 32 categorical exemption for in-fill development projects (CEQA Guidelines S 15332). 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 hearing held with respect to this item on October 17,2006. 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's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-117 PAGE30F4 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines setforth in Section 6.1.3. Nofurther MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-117 PAGE40F4 As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeen day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 'chael O'Neal, Chairman ake Elsinore Planning Commission ATTEST: ~-- Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF RESOLUTION NO. 2006-118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A FIVE (5) UNIT NEW RESIDENTIAL DEVELOPMENT AND ASSOCIATED IMPROVEMENTS WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending to the Lake Elsinore City Council approval, conditional approval, or denial of Design Reviews for residential proj ects; 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 hearing held with respect to this item on October 17,2006. 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 request for Residential Design Review No. 2006-06 and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the Historic Downtown 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 32 exemption for infill development projects (14 C.C.R. S 15332). PLANNING COMMISSION RESOLUTION 2006-118 PAGE20F3 SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), 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 General Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments. The Project has been designed in consideration of the size and shape of the property, and is designed to create interest and varying vistas as a person moves along the street. 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. The architectural design, colors, materials and site design demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15332, the Project is exempt from environmental review because (a) the Project is consistent with the General Plan and zoning regulations; (b) the Project is within the city limits, is not greater than five acres, and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. 4. Conditions and safeguards pursuant to LEMC Chapter 17.82.070, 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 17.82. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION 2006-118 PAGE30F3 Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration by the Planning Commission on October 17, 2006. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /l?7/J- Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 Residential Design Review, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) 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. RESIDENTIAL DESIGN REVIEW NO. 2006-06 3. Design Review approval for Residential Design Review No. 2006-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (I) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (I) month prior to the expiration date. 4. Conditions of Approval shall be reproduced on the first page of the building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to Planning Commission Appw\Ced 10/17 /06 the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 7. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal 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. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 8. 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 ~f 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 ofa 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. 9. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 10.All return walls at the front elevations facing the Alley Way shall be a decorative fence, consistent with the architecture of the homes proposed herein. Planning Commission .-\pproved 1O/17/0G II.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 12.The applicant shall comply with all of requirements explicitly expressed and required by the Riverside County Fire Department. PRIOR TO BUILDING/GRADING PERMITS 13.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 14.Prior to the issuance of a building permit the applicant shall have recorded a lot line adjustment with the County of Riverside. IS.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 16.Three (3) sets of the Final Landscaping/Irrigation Detail Plan for the landscaping of the development shall be submitted, reviewed and approved by the City's Landscapy Architect Consultant, the Community Development Director or designee and the Community Services Director, prior to issuance of building' permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty-feet (30') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Planning Commission Approved 10/17/06 d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on iandscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 18.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 19.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Planning Commission Appro\-ed 1O/17/0G 20.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ADMINISTRATIVE SERVICES 20.Prior to the issuance of a building permit the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 21.Prior to issuance of a building permit the applicant shall annex into the Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 22.Prior to the issuance of a building permit the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 23.The applicant shall pay park fees of$I,500.00 per unit. 24. The applicant shall participate in the City of Lake Elsinore LLMD. 25.All exterior walls to be masonry block with anti-graffiti coating. 26. The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 27.The applicant shall comply with all NPDES requirements for urban storm water runoff. ENGINEERING 28.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. Planning Commission .\ppro\-ecl 10/17 /06 28.The Applicant shall provide in-lieu payment for future half-width street improvements on Pottery Street prior to building permit (Res. 86-35). Dedicate a ten-foot (10') street right-of-way on Pottery Street such that the centerline to property line is fifty-feet (50'), as well as a two and one half foot (2'-6") dedication along the alley, such that a center line to the property is twelve feet six inches (12' -6"). 29.The applicant shall Process and meet all parcel merger requirements prior to building permit, or submit proof of merger of the 2 lots prior to building permit. 30. The applicant shall install three (1) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 31. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 32.The applicant shall submit a Condominium Tract Map, and record it after approval by the City. Applicant shall record a CC&R's with recordation of condominium map which provides for irrevocable reciprocal access to parking garages, and landscaping and maintenance of the same by a Home Owner Asssociation subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage , roof mounted or front yard microwave satellite antennas. 33.All open space shall be owned and maintained by either a home owner's association or private property owner. 34. The applicant shall 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. 35.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. Planning Commission "'-ppw\-ed 10/17 lOG 36.Provide fire protection access and facilities as required in writing by Riverside County Fire. 37.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. 38.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: 39.The applicant shall dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for widening of the alley right of way prior to issuance of building permit. 40.The applicant shall dedicate 10' wide strip of additional street right of way along the southerly property line to the City for widening of Pottery Street right of way to total of 50' from centerline, prior to issuance of building permit. 41.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 prior to issuance of building permit. STREET IMPROVEMENTS 42.Construct all public works improvements from property line to one foot beyond centerline of Pottery Street (the minimum pavement section shall be 4" Asphalt Concrete over 6" Aggregate Base). Construct pavement and centered 2' wide concrete gutter in the alley, (the minimum pavement section shall be 2.5" Asphalt Concrete over compacted native base.) Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 43.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 Planning Commission ~-\pp[Qved 10/17/06 (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 Lindsay Street centerline and on the alley centerline. 44. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 45.The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 46. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 47.The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 48.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sun of the cut and fill in grading exceeds 50 cubic yards and the existing d~ainage 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. 49.The applicant shall 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. 50. The applicant shall provide erosion control measures as part of their grading plan. Developer 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. Planning Commission .-\pprovecl 10/17/0G 51.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. DRAINAGE: 52. 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. 53.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 Engineec 54. 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. 55.The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 56. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit; the current total drainage fee for the condominium complex is $1,688.00 (Town No.3 Dist.) and the current TUMF amount is $6,806.00 per unit, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW ATERI CLEANW A TER 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. Planning Commission c-\ppro\,-ed 10/17 /OG 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. Planning Commission ,\pproved 10/17 lOG RESOLUTION NO. 2006-119 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR THREE (3) ATTACHED TWO-STORY DWELLING UNITS WHEREAS, Shawn McElvogue has filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for three (3) attached two-story dwelling units on property located approximately 230-linear feet north of Flint Street and 20-linear feet west of Langstaff Avenue, at 580 Langstaff Avenue, in the City of Lake Elsinore (APN: 377-231-022) (the "Project"); and 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 at a public meeting held with respect to this item on November 7, 2006. 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 three (3) attached two-story dwelling unit and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the "Historic Elsinore Architectural Design Guidelines." 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 3(b) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(b)). SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), 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. PLANNING COMMISSION RESOLUTION NO. 2006-119 PAGE20F4 The Project complies with the goals and objectives of General Plan designation Medium High Density and the Medium High Density (MHD) zoning designation within Planning Area 6 of the "Historic Elsinore" Overlay Zoning district. The General Plan designation of Medium High Density is intended for multiple family attached units and is located in some areas where service is not immediately available, yet may be extended without causing substantial over-extension of facilities. The maximum density permitted shall be 18 dwelling-units to the acre. The Medium High Density (MHD) zoning designation within Planning Area 6 of the "Historic Elsinore" Overlay Zoning district consists of single-family detached and attached units, including duplexes, triplexes, townhouses, and zero lot line (patio) homes. The approval of 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 Planning Area 6 of the "Historic Elsinore" Overlay Zoning district and the City of Lake Elsinore. Furthermore, the Project will contribute to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project incorporates elements of "Craftsman" style architecture and 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 to enhance the existing developed areas within General Plan designation Medium High Density and zoning designation Medium High Density (MHD) within Planning Area 6 of the "Historic Elsinore" Overlay Zoning district. 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 is appropriate to the site and surrounding developments in that the Project design incorporates a twenty- foot (20') front-yard setback, a fifteen- foot (15') rear-yard setback, sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing projects in that the applicant is providing elements of "Craftsman" style architecture which includes: stone base furring, decorative front-entries with elephantine columns and overhead dormers, "shiplap" siding, window surrounds, coach lights, and a concrete tile roof The color palate selectedfor the Project includes: Omega stucco painted "Cheesecake, " trim/siding/accent paint by Frazee Paint in "Gumnut and Wildcat, " stone veneer base furring in a "Chardonnay Southern and PLANNING COMMISSION RESOLUTION NO. 2006-119 PAGE30F4 Chardonnay Fieldstone" mix, and concrete tile roof shingles by Eagle Roofing Products in a "Roanoke Blend. " 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Class 3 CEQA exemption may be invoked when the development proposal involves construction of a multi-family residential structure totaling up to six dwelling units, if the project is located in an urbanized area. Pursuant to CEQA Guidelines 15303 (b), the Project is exempt from environmental review because it involves the construction of three (3) attached two-story dwelling units in a residential zone. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Proj ect to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and action of the Planning Commission on November 7, 2006. The Project has also been conditioned to comply with the LEMC. For example, condition of approval Number 8 states: "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 Medium High Density (MHD) Zoning designation of Planning Area 6 of the "Historic Elsinore" Overlay Zoning district. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-119 PAGE40F4 PASSED, APPROVED AND ADOPTED this 7th day of November, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: ~ Director of Community Development CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF THREE (3) ATTACHED DWELLING UNITS LOCATED AT 508 LANGSTAFF AVENUE (APN: 377-231-022) 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 ten (10) 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. 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 three (3) attached dwelling units located at 508 Langstaff Avenue (APN: 377-231-022) 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 Planning Commission Approved 11/7/2006 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. 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, and development standards pursuant to the Medium High Density (MHD) Zoning designation of Planning Area 6 of the "Historic Elsinore" Overlay Zoning district.. 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. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. IO.If the applicant proposes to remove or relocate any existing palm trees, he/she will have to ascertain a permit from the Community Services Department prior to removal, pursuant to Chapter 5.78 (Significant Palm Trees) of the LEMC. II.All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Development Director or designee. I2.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 13. The Applicant is to meet all applicable City Codes and Ordinances. 14.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. Planning Commission Approved Il/7/2006 15. 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. 16. 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. 17.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. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19. 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. 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 21.Driveways shall be constructed of concrete per Building and Safety Division standards. 22.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. 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 Planning Commission Approved ! ! /7/2000 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.The proposed six-foot (6') decorative block wall along Langstaff Avenue shall include cultured stone columns with caps every thirty-linear feet (30') and three-foot (3') split-face block with wrought-iron fencing in between. The overall height of the proposed wall along Langstaff Avenue cannot exceed eight-feet (8') in height from finish grade. 28.The applicant shall landscape, automatically irrigate, and maintain the five-foot (5') public right-of-way strip directly adjacent to the sidewalk along Langstaff Avenue. 29.The applicant shall plant and so note on the construction plans that all shrubs and plants will be a minimum of five-gallon in size and all proposed trees will be a minimum of twenty-four inch (24") in box size. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 30.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 Commission Approved Il/7/200(j Planning Department prior to issuance of a building permit. 31. 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. 32. The applicant shall pay park-in-lieu fees in effect at the time, prior to issuance of building permits. 33.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. 34.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. 35.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 36.The applicant shall provide assurances to the Planning Division that all requirements of the Riverside County Fire Department have been met, prior to the issuance of a building permit. Planning COlTlmission Approved 1117!200(i 37.The applicant/developer shall submit a "Will Serve" letter to the City Planning 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. The applicant shall submit this letter prior to applying for a building permit. 38.Prior to the issuance of a building permit, the applicant shall submit elevations of the materials to be used for the wall returns. All proposed materials are to be reviewed and approved by the Community Development Director or designee. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 39.The applicant shall plant twenty-four inch (24") box street trees on center (o.c.), selected from the City Street Tree List, a maximum of thirty feet (30') apart and 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. 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 Planning Commission Approved Il/7/2006 Certificate of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL CONDITIONS 45.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. 46. The applicant shall 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. 47.All 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.The applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 49.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. The applicant shall dedicate a 2.5' wide strip of additional right of way alone Planning Commission Approved 11/7/2000 southerly property line to the City for alley prior to issuance of building permit. 52.All public right-of-way dedications shall be prepared by the applicant or his agent. All deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 53. The applicant shall construct all public works improvements from the property line to one foot beyond centerline of Langstaff Avenue (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base ) and pavement transitions (2.5" AC over compacted native base); and construct a full width (17.5') pavement 2.5" AC on 4" AB, with a center line concrete gutter, and a full width alley concrete driveway per approved street plans (LEMC Title 12). All plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 54.A California Registered Civil Engineer shall prepare street and alley improvement plans and specifications. All improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). All 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 Langstaff centerline. 55.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. 56.All 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. 57. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Planning Commission Approved [1/7/2006 GRADING 58.The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 59.A grading plan stamped and signed by a California Registered Civil Engineer is required if the sum of the cut and fill in 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. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 60.The applicant shall provide soils; geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 61. The applicant shall 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/she shall certify that all slopes steeper than 2-to-1 incorporate stability and proper erosion control measures. DRAINAGE 63.All 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. Planning Commission Approved 11/7/200(i 65.All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs shall drain to a landscaped area. All driveways shall be sloped to drain into landscaping prior to entering street facilities. FEES 66. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit total of $2,877.00; the current drainage fee is total of $1,670.00 (Town no. 5. Dist.) and the current TUMF amount is $6,806.00 per unit total of $20,418.00, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMWATERlCLEANWATER PROTECTION PROGRAM 67. The 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. COMMUNITY SERVICES DEPARTMENT 68.The developer is to pay park fees of $1,600 per unit (3 units @ $1,600 each =$4,800). 69.The developer is to comply with all NPDES storm water requirements. 70.The developer is to participate in the City wide LLMD. Planning Commission Approved [1/7/2006 71. The developer is to comply with all City Ordinances regarding construction debris removal and recycling per Section 8.32 of the Lake Elsinore Municipal Code. 72. The developer is to meet City curb, gutter, and sidewalk requirements. 73.The City's Landscape Architect is to review all landscape and/or irrigation plans. 74.All required fees are to be collected prior to the issuance of a building permit. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 75. Under the provisions of SB 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 compliance by the district. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 76. The applicant shall construct sewer per district standards and request a "will serve" letter from the Elsinore Valley Municipal Water District. Planning Commission Approved [1/7/2006 RESOLUTION NO. 2006-120 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR TWO (2) SINGLE-FAMILY RESIDENTIAL UNITS WHEREAS, Hector Zubieta/Zenos Inc. filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for two (2) single- family residences on three (3) separate vacant lots located approximately 200 feet south of the intersection of Kalina Avenue and McPherson Avenue in the area known as Country Club Heights of the City of Lake Elsinore and legally identifiable as APN's 378-204-020,-021, and 378-204-031, respectively (the "Project"); and 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 November 7, 2006. 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 R-l Single-Family Residential 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 ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.) pursuant to a Class 3 (a) exemption for infill development projects (14 C.C.R. ~ 15303). 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 General Plan and the Zoning District in which the Project is located. PLANNING COMMISSION RESOLUTION NO. 2006-120 PAGE20F4 The Project complies with the goals and objectives of the General Plan, in that the approval of the two (2) single-family residences will assist in achieving a development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging the development and maintenance of a broad range of housing types for all income groups and age categories. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the LEMC. The Project, which incorporates Bungalow style architecture, is appropriate in size and design to each lot. Each single family unit meets all setback requirements, provides front yard landscaping, and complies with the Architectural Design Standards for Bungalow style development. Features of the Bungalow style include: low pitched roofs, covered porch, porch columns, decorative gable end treatments, stone/brick veneer, casement window frames, paned glass windows, multiple roof planes, decorative wood braces, and exposed rafter tails. The architectural design, color and materials proposed for use on the two single family residences are distinct yet they blend in with the features of surrounding homes and complement the quality of existing development thereby creating a visually pleasing neighborhood. 3. Subject to the conditions of approval imposed upon the Project, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines Section 15332, any project which can be characterized as infill development is exempt from the provisions of CEQA. lnfill development is defined by the following characteristics: (1) the project is consistent with the applicable general plan and zoning regulations; (2) the project occurs within the city limits on a site of no more than five acres substantially surrounded by urban uses; (3) the project site 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; and (5) the site can be adequately served by all required utilities and public services. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-120 PAGE30F4 As indicated above, the Project is consistent with the provisions of the Lake Elsinore General Plan and Zoning Code. Each of the lots to be developed lies within the City's boundaries and the total development site is less than one acre. The three lots are completely surrounded on all sides by existing residences. Given that the Project site is bounded by existing development, and given that the Project site is not within an MSHCP cell site, the site has no value as habitat for endangered, rare, or threatened species. Approval of this Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The Project has been reviewed and conditioned by all City divisions and departments to ensure that the no significant effects will result. Finally, because the Project site is bordered by existing residences which are served by all necessary utilities and public services, the new homes created by this Project will be able to easily tie into the existingfacilities. For these reasons, it is hereby found and determined that the Project is exempt from CEQA pursuant to a Class 32 categorical exemption for injill development. 4. Conditions and safeguards pursuant to Chapter 17.82.1 00 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 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval by the Planning Commission. The Project has been evaluated pursuant to LEMC Section 17.82.100 and the City's development Standards. The Project complies with all regulations and objectives of LEMC. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-120 PAGE40F4 PASSED, APPROVED AND ADOPTED this 7th day of November, 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /?7n--- Rolfe Preisendanz Director of Community Development O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI AGENDA ITEM NO. PAGE OF CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW FOR TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT 29315 AND 29327 GUNDER AVENUE. APPROVAL DATE: EFFECTIVE DATE: NOVEMBER 7,2006 NOVEMBER 17, 2006 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 two two- story single-family residential development project attached hereto. 2. The decision of the Planning Commission shall be final ten (10) 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 (LEMC). 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 for two (2) Single Family Residences located at 29315 and 29327 Gunder 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 f'1,1I111illg COlllllli.,.,i(\1l i\plln'lcd N(\VClllhcl' 7, 21i1i(. 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. 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, and development standards pursuant to the R-l (Single- Family Residential District) 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. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. IO.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. II.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 12. The Applicant is to meet 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. Plalllling COlllllli,,,:-,i\lll N(l\ClllbCI' 7. 21111(, 14.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. 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. 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. 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 f'Llllllillg COlllllli"ioll ,c\pplw.cd I\O\Clllbcl' 7,21111(, existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 23.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. 24.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. 25. 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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 26.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 of a building permit. 27. 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. 28.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 29.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. 30.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 PI~lllllil1g ('C)11\il\i:-:.-:ii.\;\ .-\;)t-)~"\,,,,,-'d l'-!O\\..'I11lh..T 7. ~(I' 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. 31. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 32. The applicant shall 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 services at the location, such as water pressure and volume, etc. The applicant shall submit this letter to the Community Development Department prior to applying for a building permit. In addition, the applicant shall request that the Riverside County Fire Department independently review and provide a written report of the sufficiency of water pressure and volume vis-a-vis the attached project. To the extent that the Riverside County Fire Department issues a written report, that report shall be submitted to the Community Development Director for review, prior to the issuance of a grading permit". PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 33.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. 34. 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. Planning CUIlIIlIi.,,,i,>!1 i\ppn,vcd Nu\cIlIlvs 7, 21111(, 35. 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. 36.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. 37. 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. 38.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. COMMUNITY SERVICES DEPARTMENT 39. The applicant shall pay park fees in the amount of $1 ,600 per unit. 40. The applicant will be required to participate in the "public facility" fee program. 41. The applicant shall comply with all NPDES storm water requirements. 42. The applicant shall participate in the City-wide LLMD. 43.The applicant shall developer comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 44. The applicant shall meet City curb, gutter, and sidewalk requirements. 45.The City's Landscape Architect is to review all landscape and/or irrigation requirements. 46. The applicant shall provide half-width street improvements. ['tanning Clln\ll1!<iii .'\Pi"""":'! NOU..'l1lhtT 7. 2{)("){1 Lake Elsinore Unified School District 47.Under the provisions of SB 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 compliance by the District. ENGINEERING DIVISION 49.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. 50. The applicant shall process and meet all lot line adjustment requirements prior to building permit. Provide quit claim or grant deed for exchange of title. Provide proof of concurrence by mortgage holder if applicable. 51.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. 52. The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 53.1n 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. 54.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". f'iclI1l1ing C()11111li.,.,ion ,\ppro\\:d ;-\U\"Clllhcr 7, 2(l{j(1 55.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. DEDICATION: 56. The applicant shall dedicate a ten-foot slope easement along Gunder Avenue for future street alignment prior to issuance of building permit (Res. 87-64). 57.Public right-of-way or easement dedications 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. STREET IMPROVEMENTS 58.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 59. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 60.The applicant shall developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 61. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 62.A grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing 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 Planning COll1lni.,.,ioll :\pP:"".C-J NO\\:Il1[,cI' 7, 2(JlI(, 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. 63. The applicant shall 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. 64. The applicant shall 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. 65.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. DRAINAGE: 66.0n-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. 67.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. 68.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 FEES: 69. The applicant shall 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 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, it f'lc\llt1illg Commis.,i(lll Al'l'tw,n! !\iu\c:nhcT 7, 2(J(J() will be subject to approval by the city engineer. 70. The applicant shall 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 $359.00 (Nichols Street SE. Dist.) and the current TUMF amount is $9,693.00, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW A TER/ CLEANW A TER PROTECTION PROGRAM 71.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 . PI~ll1l1illg C'ol1l1ni"iol1 /\pprtJ\ cd NO\ClIlhcl' 7, 2(111(, RESOLUTION NO. 2006-121 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A ONE STORY SINGLE- FAMILY DWELLING UNIT LOCATED ON ALLIS STREET (APN: 378-302-008). WHEREAS, Jeff Jones/J.A. Jones Dev. Group filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a one story single-family residence on property located on Allis Street (APN: 378-302- 008: the "Project"); and 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 November 7, 2006. 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 R-l Single-Family Residential 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 ~~ 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. ~ 15303(a)). SECTION 3. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the Planning Commission makes the following findings for the approval of the Proj ect: 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. PLANNING COMMISSION RESOLUTION NO. 2006-121 PAGE 2 OF 4 The Project complies with the goals and objectives of General Plan designation Medium Density (MD) as well as R-1 (Single-Family Residential) zoning district. The General Plan designation of Medium Density (MD) is intended for quality single-family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over-extension of facilities. The R-1 (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. Approval of 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 R -1 (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. 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, and to enhance the existing developed areas within General Plan designation Medium Density (MD) and R-1 (Single-Family Residential) zoning designation. 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 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 Mediterranean style architecture 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 residential structure. Pursuant to AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-121 PAGE30F4 CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single family residential structure. Even though the Project is exempt from CEQA, it has been reviewed by all City divisions and departments with regard to potential environmental impacts. Based on the attached conditions of approval, the Project will not have a significant impact on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to LEMC Section 17.23 (R-1 Single-Family Residential District). Any revisions to the Minor Design Review 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. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAGE OF PLANNING COMMISSION RESOLUTION NO. 2006-121 PAGE40F4 PASSED, APPROVED AND ADOPTED this 7th day of November, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: mn-- /Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. PAGE OF CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED ON ALLIS STREET (APN: 378-302-008). APPROVAL DATE: EFFECTIVE DATE: NOVEMBER 7,2006 NOVEMBER 17, 2006 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 ten (10) 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. 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 on Allis Street (APN: 378-302-008), 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. [Jlillll1illg CUII1111i.,.,i(JII ,\ppnJlcli i\"lcl1lhcr 7 2 ()()(, J 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. 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, and development standards pursuant to the R-l (Single- Family Residential) 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. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 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. II.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 12. The Applicant is to meet 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. f'I,lllllillg CPlllllli,.,iPII i\PI'I.(>\cd :\1>\ Clllhcl. 7, 2IJ()(, L 14.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. 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. 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. 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 1'1,lllllillg COlllllli.;,iIHI .'\I'I'[,()\'l.'([ NIl\CllIhcl' 7,211(1(, existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 23.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. 24. 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. 25. 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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 26.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 of a building permit. 27. 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. 28.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') stuccoed block walls on both sides of the property that border the alley way. In addition, the proposed return walls and pilasters shall aesthetically match the exterior stucco of the proposed dwelling unit. 29.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 30.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) 1'lcllll1illg C(llllllli<;i(>ll ,'\1'1'1"\'\ cd i\('\'Clll!o'5 7, 211()!) ~ prior to obtaining building permits. 31.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 $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square-footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 32.Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34. The applicant/developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. COMMUNITY SERVICES DEPARTMENT 35.The applicant shall pay park fees of$I,600 per unit. l'j,lllIlil1g C(lllllllis"i(l11 Appr(l\<:d [\;11\<:11111':1' 7,21111(, , 36. The applicant shall be required to participate In the "public facility" fee program. 37.The applicant shall comply with all NPDES storm water requirements. 38.The applicant shall participate in the City-wide LLMD. 39.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. 40.The applicant shall meet City curb, gutter, and sidewalk requirements. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 41. 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. 42.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. 43.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. 44.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. 45.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. r)i~IJlI1ill:; C()lllllli,-';,,,jl';l .-\ppl"(I\\.:d \il\-;;tl1h<:...'i""7,2l)()(, J 46. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL 47.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. 48.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. 49.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. 50.Provide fire protection access and facilities as required in writing by Riverside County Fire. 51.ln 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. 52.All grading and street improvement plans submitted to engineering shall be drawn on Mylar and be set into City's specific border and title block, for which digital files are available by request. 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 r)l~lJlllillg CUlIlIlli.--,,,j(\tl N()\Clllh'5 7.20(1(, j respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 54. The applicant shall dedicate a 2.5' wide strip of additional right of way alone northwesterly and southeasterly property lines to the City for widening of two alleys right of way prior to issuance of building permit. 55. The applicant shall dedicate a five-foot slope easement along Allis Street property line for future street alignment prior to issuance of building permit (Res. 87-64). 56.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 prior to issuance of building permit. STREET IMPROVEMENTS 57. The applicant shall construct all public works improvements from property line to one foot beyond centerline of Allis Street (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base) and pavement transitions (2.5" AC over compacted native 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). 58.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 Allis Street centerline. 59.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. PI~!lllli1\g C(lllltlli.~~ilql ,'\PP:'( l\'cd \"\}'.\~Ildh;r 7. 2fJ(l(1 .i 60.The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 61. The applicant shall developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 62. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 63.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sun of the cut and fill in 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. 64.The applicant shall 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. 65.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. DRAINAGE: 66.0n-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. PLJllflillg C()ll\11li~:,i\111 :-\ppl"(l\cd NU\l:ll1hl:I' 7,1(1(1(, .J ~ 67.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. 68.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 69.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 70.Payall Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $673.00 (Northwest Lake Management. Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW A TER/ CLEANW A TER PROTECTION PROGRAM 71. 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 . PI~111i\ii1; Clllilil1i.,-"j{)11 .-\!p:'(l\'~_'d :-< \;:il~)'.~..T 7. ~(H It) RESOLUTION NO. 2006-122 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2006-02 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFORE WHEREAS, the Community Development Department of the City of Lake Elsinore has filed an application requesting that portions of the Lake Elsinore Municipal Code (LEMC) be amended. Specifically, the request is to amend LEMC Chapter 17.40 (C-O Commercial Office District), Chapter 17.44 (C-l Neighborhood Commercial District), Chapter 17.48 (C-2 General Commercial District), Chapter 17.52 (C-P Commercial Park District), Chapter 17.54 (C-M Commercial Manufacturing District), Chapter 17.56 (M-l Limited Manufacturing District), Chapter 17.60 (M-2 General Manufacturing District) and Chapter 17.66 (Parking Requirements) collectively referred to herein as the "Amendments"; and WHEREAS, the aforementioned Amendments modify the minimum required percentage of on-site landscape coverage within commercial and industrial zones as well as modifying the size and number of trees required in proportion to the number of parking spaces provided; and WHEREAS, pursuant Sections 15070 et seq. of the California Environmental Quality Act (CEQA) Guidelines, a negative declaration has been prepared for the Amendments; and WHEREAS, Section 17.84.050 of the LEMC stipulates that the Planning Commission render its recommendation on a Zoning Ordinance text amendment, including the reasons for the recommendation, to the City Council; and WHEREAS, public notice of the Amendments 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 November 7, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2006-122 PAGE20F3 SECTION 1. The Planning Commission has considered the proposed Amendments prior to recommending that the City Council approve the changes. SECTION 2. The Planning Commission finds and determines that an Initial Study was completed which analyzed the potential environmental impacts of the proposed Amendments. According to the results of the Initial Study, and based upon evidence and testimony received during the public hearing on November 7, 2006, it is hereby found and determined that the proposed Amendments will not have a significant effect on the environment. Therefore, pursuant to Title 14 of the California Code of Regulations sections 15070 et seq., it was proper to prepare a Negative Declaration for these Amendments. SECTION 3. That in accordance with State Planning and Zoning law and the LEMC, the Planning Commission makes the following findings for the recommendation of approval of Text Amendment No. 2006-02: 1. The proposed text Amendments to the City's Municipal Code will contribute to the comfort and general welfare of the persons working and/or residing within the City. The proposed revisions raise the City's minimum on-site landscape percentage requirements within commercial and industrial zones, and modify the amount and size requirement of required trees in ratio to the number of parking spaces. These revisions increase vegetation and will enhance the overall visual character and quality of the City. 2. The proposed text Amendments will not be injurious to property or improvements within the City as the proposed revisions and modifications are an overall beneficial enhancement to the City. The proposed Amendments apply only to new development. 3. The proposed text Amendments are consistent with the General Plan, Community Design Element, as serve an important link between the City's built environment and the natural environment. In addition to providing visual relief, cleaner air, and serving as a screen or buffer, well-planned and maintained landscaping serves to increase property value and increase the aesthetic value to the community. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2006-122 PAGE30F3 PASSED, APPROVED AND ADOPTED this 7th day of November, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ~ olfe Preisendanz Director of Community Development RESOLUTION N0.2006-123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS LAKE ELSINORE CHRYSLER, DODGE, JEEP IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, The Automotive Group has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006-11 for the design, construction and establishment of the new Lake Elsinore Chrysler, Dodge, Jeep automobile dealership to be located at the southwest corner of Auto Center Drive and Avenue 12 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell go through the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to design review applications is a discretionary action; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006); and WHEREAS, the City Council approved and certified Mitigated Negative Declaration 2005-06 on December 13, 2005, to address the potentially significant environmental impacts associated with development of the Chrysler, Dodge, Jeep _ ' automotive dealership; and PLANNING COMMISSION RESOLUTION N0.2006-123 PAGE 2 OF 5 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 hearing held with respect to this item on November 21, 2006. 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's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP cell criteria and other "Plan Wide Requirements. " The Lake Elsinore Chrysler, Dodge, Jeep dealership lies within MSHCP Criteria Cells #4646 and #4743. Results of the LEAPS and JPR indicate that the developable footprint for the Project is consistent with the Cell Criteria for #4646 and #4743. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2 ), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Additional Survey Needs and Procedures (MSHCP ~ 6.3.2), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ,~ 4). PLANNING COMMISSION RESOLUTION N0.2006-123 PAGE 3 OF 5 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The Project consists of a Commercial Design Review within the MSHCP Lake Elsinore Area Plan. Therefore, a LEAP application and JPR were required. The LEAP application was reviewed by the City. Upon determining that the Project is consistent with the MSHCP, Staff forwarded the LEAP to the Regional Conservation Authority (RCA) for its JPR. Results of RCA's JPR and the City's LEAP reveal that approximately 2.0 acres of the project encroach into an area designated for Proposed Linkage 8 (San Jacinto River). This area is steep and unvegetated. The Applicant has proposed the donation of 3 acres of conserved land within the floodplain of the San Jacinto River that are low gradient areas and would allow connection to larger areas of more valuable habitat. The Project was found to be consistent with the MSHCP Cell Criteria requirements by both the City and RCA. The Project was also found consistent .with the other "Plan Wide Requirements" of the MSHCP, as described below. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. The Project site contains two linear drainage areas and three broader areas which support riparian vegetation, mulefat, and arroweed. Impacts from the project will be approximately 0.35 acres with the impacted vegetation being scattered and insufficient to provide functional habitat. The Applicant proposes to create bioswales on-site that would be three times larger than the 0.35 acres of impact (i. e, 3:1 mitigation ratio). The bioswales will be vegetated with riparian scrub species and will function as filters for first flush storm discharges and other post project drainage, thus improving water quality. As such, the Project is compliant with Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. PLANNING COMMISSION RESOLUTION N0.2006-123 PAGE 4 OF 5 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. Therefore the provisions of Section 6.1.3 are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Need and Procedures of the MSHCP. Three surveys were conducted on the entire site. There were no areas on the site considered as suitable habitat for the burrowing owl, and no protocol surveys are required. However, the Project will be required to conduct apre- construction survey 30 days prior to the commencement of grading. The Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is located adjacent to land set aside for conservation by the Applicant. Further, the site is directly adjacent to the San Jacinto River, which has been designated as Proposed Linkage 8. Therefore the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are applicable to the Project. The Project will be enclosed by fencing or other barriers to the San Jacinto River. Surface water discharge will be controlled and treated prior to flowing into the wildland area. Lighting will be directed away from the River, and all landscaping and other bioswale plantings will consist of native species. No additional mitigation measures or conditions of approval are required. The Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. Vegetation Mapping requirements do not apply to the Project However, the Applicant has mapped the 0.35 acres of scattered riparian vegetation as part of the submittal to the City and to RCA. No other mapping is required. 8. The Project is consistent with the Fuels Management Guidelines. Although the Project area is next to an area being donated to the RCA, and adjacent to the Proposed Linkage 8, this area is not heavily vegetated and would not be considered a hazard to humans and their property. Therefore, the ~, Fuels Management Guidelines of MSHCP Section 6.4 are not applicable to the PLANNING COMMISSION RESOLUTION N0.2006-123 PAGE 5 OF 5 Project. No additional mitigation measures or conditions of approval are required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21st day of November, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael ~'Ne~, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development RESOLUTION N0.2006-124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-11 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF THE LAKE ELSINORE CHRYSLER, DODGE, JEEP AUTOMOBILE DEALERSHIP WHEREAS, The Automotive Group filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006-11 for the design, construction and establishment of the Lake Elsinore Chrysler, Dodge, Jeep automobile dealership to be located at the southwest corner of Auto Center Drive and Avenue 12 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and recommending approval, conditional approval, or denial of Design Reviews for commercial projects to the City Council; 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 hearing held with respect to this item on November 21, 2006. 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 request for Commercial Design Review No. 2006-11 and has found it consistent with the design standards set forth in section 17.48.130 of the Lake Elsinore Municipal Code ("LEMC") for the C-2 General Commercial District. SECTION 2. Pursuant to Title 14 of the California Code of Regulations Sections 15070 et seq., on December 13, 2005, the City Council approved and certified Mitigated Negative Declaration 2005-06, which analyzed and mitigated potential environmental impacts associated with development of the Chrysler, Jeep, Dodge automotive dealership. Mitigated Negative Declaration 2005-06 was processed in conjunction with the initial Project entitlements requested by the PLANNING COMMISSION RESOLUTION N0.2006-124 PAGE 2 OF 4 developer. Design review is the final entitlement that the applicant must secure in order to begin development of the dealership. The action taken by the legislative body with regard to design review is part of the whole action. To that end, consistent with Title 14 of the California Code of Regulations Section 15006, the potentially significant environmental impacts of the Project have been analyzed under Mitigated Negative Declaration 2005-06 and no further CEQA review is required. SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning Commission makes the following findings for the approval of Commercial Design Review 2006-11: 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 proposed Project complies with the goals and objectives of the General Plan and the C-2 General Commercial zoning designation. The Project is consistent with the General Plan because the approval of this automobile dealership will assist in achieving the development of awell-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The automobile dealership will contribute to the City's commercial land uses and diverse Lake Elsinore's economic base. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Project is appropriate to the site and surrounding developments in that the automobile dealership has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. 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 architectural design, color and materials and site design proposed evidence a concern for quality and originality, consistent with existing automobile dealerships in the immediate area. - PLANNING COMMISSION RESOLUTION N0.2006-124 PAGE 3 OF 4 3. 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 (Pub. Res. Code ~~' 21000 et seq.: CEQA), Mitigated Negative Declaration 2005-06 was prepared and approved for the project. The approved Mitigated Negative Declaration incorporates effective mitigation measures into the Project design which reduce any potential environmental impacts to a level of insignificance. In addition to the environmental mitigation included in Mitigated Negative Declaration 2005-06, the Project has been conditioned by all City divisions and departments, as well as other responsible agencies, in order to ensure that the Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to LEMC Section 17.82.070, the proposed Project has been scheduled for consideration and approval of the Planning Commission. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION N0.2006-124 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 21st day of November, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: MichaeYO'I~al, Chairman City of Lake Elsinore ATTEST: l ~ ~ ~~ Rolfe Preisendanz Director of Community Development RESOLUTION N0.2006-125 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENITIAL DUPLEX AT 905 WEST SUMMER AVENUE (APN: 374-082-017). WHEREAS, Enrique Flores filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a residential duplex to be located on the north side of Sumner Avenue and approximately 100-feet west of Scrivener Street, more particularly identifiable as 905 West Sumner Avenue (APN: 374-082-017; the "Project"); and 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 duplex 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 December 5, 2006. 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 MD, Medium Density Single-Family Residential 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 §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 3(b) exemption for new construction or conversion of small structures because the Project involves construction of a duplex or similar multi-family structure totaling no more than four units. (See 14 C.C.R. § 15303(b)). SECTION 3. That in accordance with LEMC Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: AGENDA ITEM NO. _ PAGE OF PLANNING COMMISSION RESOLUTION N0.2006-125 PAGE 2 OF 4 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 Project complies with the goals and objectives of General Plan designation, which is Medium Density. The 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 under the Medium Density designation is twelve (12) dwelling units per acre. The Project proposes two (2) dwelling units for the entire existing lot, which falls within the permissible density range of the 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 "Monterey" style architecture, 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 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the duplex project has provided a twenty foot (20) front yard setback, two (2) 100 square foot private open spaces, sufficient front and rear yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing development and creates a visually pleasing, non-detractive end product The duplex will utilize "Monterey" style architecture which includes elements such as 360-degree architectural articulation pursuant to the "Historic Elsinore Design Guidelines ", cross gable roof design, concrete the roof material, smooth stucco walls, second story balconies, wood railing and wood columns, exposed rafter tails, decorative wood doors, exterior light fixtures, and wood window shutters. AGENDA ITEM NO. _ PAGE OF PLANNING COMMISSION RESOLUTION N0.2006-125 PAGE 3 OF 4 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 a duplex or similar multi family residential structure totaling no more than four dwelling units. Pursuant to CEQA Guidelines 15303(b), the Project is exempt from environmental review because it involves the construction of a duplex which does not exceed the maximum allowable number of units. Moreover, the Project has been reviewed by all City divisions and departments. After reviewing the Project, each City division and department has identified certain conditions of approval which have been imposed on the Project. In light of those conditions of approval, as well 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 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development complies with the objectives of Chapter 17.82. Pursuant to Section 17.82.070, the Project has been scheduled for consideration on December 19, 2006. The Applicant shall meet all required setbacks and development standards for Medium Density development in the "Historic Elsinore Overlay District, " as set forth in the Historic Elsinore Design Guidelines. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. _ PAGE OF PLANNING COMMISSION RESOLUTION N0.2006-125 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 5 day of December 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O,e~l, Chairman ' City of Lake Elsinore i ATTEST: ~~Rolfe M. Preisendanz Director Community Development AGENDA ITEM NO. _ PAGE OF CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the attached Minor Design Review project. 2. The decision of the Planning Commission shall be final ten (10) 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. 3. If the project proposes an outdoor storage tank, the applicant shall place that unit within the side or rear yards. If the storage tank must be placed in the front yard, the applicant shall screen the storage tank from view with material subject to the review and approval of the Director of Community Development or his designee. PLANNING DIVISION 4. Minor Design Review approval of a residential duplex located at 409 Sumner Avenue (APN: 374-082-017) will lapse and be void unless a building permit is issued within one (1) year of the approval date. 5. 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. 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. Planning COlllmission Appro\cd 1250G CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 7. Prior to the issuance of a building permit, the applicant shall obtain and submit a "will serve" letter from 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 discretion to determine whether the "will serve" letter is sufficient. 8. 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 334l3(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. 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 setbacks set forth in the Historic Elsinore Architectural Design Guidelines and 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 the plans and materials board 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 Planning COlllllli~~ioll Apprc)\~cI l250G CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). modifications for review by the Community Development Director or his designee. II.All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 12.All roofing materials shall have a minimum Class "A" fire rating and the fire rating shall be noted on the construction plans. 13.The Applicant shall comply with all applicable City codes and ordinances. 14.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. 15. 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. 16. 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. 17.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. 18.Garages or carports shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19. The Applicant shall plant street trees, selected from the City Street Tree List, a Platllling C:Cllllllli~,;ioll Approved l2/S/0S CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 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. 20. 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. 21.Any planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). 22. 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. 23.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. 24.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation shall be installed in a fashion 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. 25.Driveways shall be constructed of concrete per Building and Safety Division standards. 26.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. 27.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 Planning COll1mi~~ion Approved 12/5/06 CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). the fence. 28.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 shall 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 his designee. 29.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. 30.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. 31. 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. 32.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. 33.The Applicant shall satisfy all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34. The Applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of$I,651.00 (fee for density less than 8 du/ac) prior to obtaining building permits. 35.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 approval of the Project. Pbnning COl1l1nis,ioll Appm\cc1 12')/011 CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 36. The Applicant shall pay all applicable Library Capital Improvement Fund fees. CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 37.The Applicant shall pay park fees of $1,600 per unit (2 units @ $1,600 ea. = $3,200.00). 38.The Applicant shall participate in the "Public Facility" fee program. 39.The Applicant shall participate in the City-wide LLMD. 40. The Applicant shall comply with all City ordinances regarding construction debris removal and recycling as set forth in Section 8.32 of the Lake Elsinore Municipal Code. 41.The Applicant shall comply with the City's curb, gutter, and sidewalk requirements. 42.The City's Landscape Architect shall review all landscape and irrigation plans. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 43.Under the provisions of SB 50, the applicant shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the district. LAKE ELSINORE POLICE DEPARTMENT 44. The Applicant shall provide assurances, prior to building permit, that all requirements of the Lake Elsinore Police Department have been met. RIVERSIDE COUNTY FIRE DEPARTMENT 45.The applicant shall provide assurances to the City that all requirements of the Riverside County Fire Department have been satisfied. ELSINORE VALLEY MUNICIPAL WATER DISTRICT Planning COll1mi~~ioll Appt.o\.ccl 12/5/01i CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 46. The Applicant shall request a "will server" letter. ENGINEERING DIVISION 47.Prior to the issuance of a building permit, the applicant shall provide evidence of satisfaction of all public works requirements set forth in the Lake Elsinore Municipal Code. 48.Prior to applying for a building permit, the applicant shall 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. 49.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. 50. The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 51.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. 52.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar, set into City's specific border and title block, and shall 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: Planning Commission Apprc1\cd 125'06 CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 53.Prior to issuance of a building permit, the applicant shall dedicate a 2.5' wide strip of right of way along the northerly property line to the City for an alley. 54. 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 prior to issuance of building permit. STREET IMPROVEMENTS 55. The applicant shall construct alley improvements from the property line to the concrete gutter (the minimum pavement section shall be 2.5" Asphalt Concrete over 4" compacted native base). Alley improvements may be shown on Grading Plans. Plans shall be approved and signed by the City Engineer prior issuance of a construction permit (LEMC 16.34). 56.Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Alley improvement plans shall show existing and future profiles at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on the alley centerline. 57.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 shall be required to do the work. 58.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 59.The applicant shall pay all fees and meet all 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 Planning COl1111lissiut\ Approved 12.50G CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 60.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 61. The applicant shall apply for and obtain a grading permit with appropriate security prior to undertaking any grading activity. 62.If the sum of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer, a grading plan stamped/signed by a California Registered Civil Engineer shall be required. 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 a minimum of fifteen feet (15') beyond the property lines to indicate the existing drainage pattern. 63.The applicant shall provide a soils, geology and seismic report, and as part of this report, the applicant shall address the requirements of the Alquis-Priolo Earthquake Fault Z~ning Act. The applicant shall provide a final soils report showing compliance with recommendations. 64. The applicant shall provide erosion control measures as part of the grading plan. The applicant shall contribute to protection of storm water quality and shall meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 65.All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. DRAINAGE: 66.0n-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. 67.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. Planning C0Il1I11i:;,:Oll ApP:\l\ed 12/5/0(; CONDITIONS OF APPROVAL FOR A MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 905 WEST SUMNER AVENUE (APN: 374-082-017). 68.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. FEES: 69. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00; the current drainage fee is $2600.00 (Town No.6. Dist.) and the current TUMF amount is $6,806.00, the amount of fees are per unit and shall be adiusted accordinJ! to the fee schedule in effect at the time.. 70. The applicant shall pay in-lieu fees for future off-site public improvements prior to building permit (Res. 86-35). 71. In-lieu payment shall be calculated by developer's 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. STORMW A TERI CLEANW A TER PROTECTION PROGRAM 72. 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. P1Zltltlitlg C0111l11l.').stl)11 .'-\ppro\'.~d 12,:)N; RESOLUTION N0.2006-126 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR. DESIGN REVIEW FOR ATWO-STORY SINGLE- FAMILY DWELLING UNIT LOCATED AT 16428 GUNNERSONSTREET WHEREAS, Daniel Rodriguez filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for atwo-story single- family residence located at 16428 Gunnerson Street (APN: 378-244-016); and 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 December 19, 2006. 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 R-1 Single-Family Residential 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 §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 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. § 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 Medium Density (MD) as well as R-1 (Single-Family PLANNING COMMISSION RESOLUTION N0.2006-126 PAGE 2 OF 4 Residential) zoning district. The General Plan designation of Medium Density (MD) is intended for quality single family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over-extension of facilities. The R-1 (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single family residences developed in an urban environment with available public services and infrastructure. Approval of 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 R-1 (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates elements of "Spanish-Mediterranean" architectural style, will provide awell-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 to enhance the existing developed areas within General Plan designation Medium Density (MD) and R-1 (Single-Family Residential) zoning designation. 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 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-Mediterranean " 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. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single AGENDA ITEM NO. _ PAGE OF PLANNING COMMISSION RESOLUTION N0.2006-126 PAGE 3 OF 4 family residential structure. Even though the Project is exempt from CEQA, it has been reviewed by all City divisions and departments, which have imposed a series of conditions of approval on the Project to ensure that the Project does not have a significant impact on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The applicant shall meet all required setbacks and development standards pursuant to LEMC Section 17.23 (R-1 Single-Family Residential District). Any revisions to the Minor Design Review 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. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. _ PAGE OF PLANNING COMMISSION RESOLUTION N0.2006-126 .PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 19~` day of December, 2006, by the following vote: AYES: COMMISSIONERS:. O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz, Director of Community Development AGENDA ITEM NO. _ PAGE OF RESOLUTION N0.2006-127 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SIGN PROGRAM N0.2006-03 WHEREAS, Jeff Johnston, Collier Development Company, has initiated proceedings for Sign Program No. 2006-03 for the industrial business park known as the Collier Avenue Business Park, which is geographically located on a 4.89 acre lot on Collier Avenue between Riverside Drive and Nichols Road (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Sign Programs; 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 hearing held with respect to this item on December 19, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Cornrnission has reviewed and analyzed Sign Program 2006-03 according to the standards and guidelines set forth in Lake Elsinore Municipal Code Section 17.94. SECTION 2. The Planning Commission fmds 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 1(a) exemption for existing facilities. (See 14 C.C.R. § 15301(a)). A class 1(a) exemption is applicable in this instance because the construction of the sign involves negligible or no expansion of use beyond that which was approved as part of the Design Review for the commercial buildings that comprise the Collier Avenue Business Park. SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the Planning. Commission makes the following findings for the approval of Sign Program No. 2006-03: PLANNING COMMISSION RESOLUTION N0.2006-127 PAGE 2 OF 3 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 in that the approval of this Sign Program will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, divers~ing Lake Elsinore's economic base. 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 is appropriate to the site and surrounding developments. The Project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the Project 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 architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project is exempt from CEQA pursuant to a class 1(a) categorical exemption. Nevertheless, the Project has been reviewed by all applicable City divisions and departments, which have imposed a series of conditions of approval on the Project to ensure that the construction of the sign will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 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 properly in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. PLANNING COMMISSION RESOLUTION N0.2006-127 PAGE 3 OF 3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of December, 2006, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Miclfael P5'Neal, Chairman City of Lake Elsinore ATTEST: olfe Preisendanz, Director of Community Development