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HomeMy WebLinkAboutCC Reso No 2007-155RESOLUTION NO. 2007-155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-04 FOR AN EIGHT (8) UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT WHEREAS, Delco Hagan, of Hagan Investments, Inc., filed an application with the City of Lake Elsinore requesting review and approval of Residential Design Review No. 2005-04 for an eight (8) unit multi-family residential development and associated improvements on two (2) vacant lots located at 311 and 313 Riley Street, also identifiable as APN's 374-071-O11 and 012 (the "Project"); and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82.085, the City Council of the City of Lake Elsinore is required to make a determination as to whether the Design Review request complies with the provisions of Section 17.82.080, and may approve modify or disapprove the recommendations and actions of the Planning Commission; and WHEREAS, the Project came before the Planning Commission at a duly noriced public hearing on July 17, 2007, at which time the Planning Commission considered and analyzed the proposed design and recommended that the City Council approve the Project; and WHEREAS, the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on July 17, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and has found it acceptable. The City Council finds and determines that the Project is consistent with the requirements of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that the Project is categorically exempt from the Califomia 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 32 exemption for In-Fill Development Projects (14 C.C.R. § 15332) because the Project involves the construction of two (2) two-story buildings for a total of eight (8) units within the City limits on one CITY COUNCIL RESOLUTION NO. 2007-155 PAGE 2 OF 3 (1) lot of no mare than five (5) acres, which are surrounded by urban uses and have no value as habitat for endangered, rare ar threatened species. The Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the units can be served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the La1~e Elsinore Municipal Code, the City Council makes the following findings for the approval of the Residential Design Review No. 2005-04: l. 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 Lake Elsinore Municipal Code in that the approval of the multi family residential buildings will assist in the creation of affordable housing within the community. 2. The Project complies with the design directives contained in the General Plan and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the multi family residential buildings have been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided. The Craftsman style architecture of the multi family residential buildings comply with the requirements of the Historic Overlay District and the Historic Elsinore Architectural Design Standards. Design features include elephantine columns, wood-look railings, wide frames with pot shelf around most windows, Craftsman style upper paned windows, masonry wainscot, rafter tails, horizontal siding, and decorative lighting. 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, was found to be exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15332. 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. CITY COUNCIL RESOLUTION NO. 2007-155 PAGE 3 OF 3 The City Council has considered the Project and finds that with the attached conditions of approval, the Project complies with the purpose and objectives of the General Plan and Municipal Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the condirions of approval imposed upon the Project, the City Council hereby approves Residential Design Review No. 2005-04. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of August 2007, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COLJNCILMEMBERS: NoNE ABSENT: COiINCILMEMBERS: NoNE ABSTAIN: COUNCILMEMBERS: nucxLEY Robert E.~M; City of Lake AT EST: ~ n ~G~ ~o 1Vlichelle Soto, Interim City Clerk City of Lake Elsinore City Attorney City of Lake FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY 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 (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 multi-family residential project attached hereto. Revised at Planning Commission Hearing of7-17-07. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. PLANNING DIVISION 3. Residential Design Review No. 2005-04 approval of a multi-family residential development located at 311 and 313 Riley Street (APN 374-071-011 and 012) will lapse and be void unless a building permit is issued within one (1) year of the approval date and construction is 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. Planning Commission Approval July 17, 2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 6. 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. 7. 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 Director of Community Development 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. 8. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 9. All windows shall use surrounds and/or other architectural-type features as shown on the approved plans or modified with the approval of the Director of Community Development or designee. 10.At minimum the applicant shall use concrete tile for the roofing material. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 11. The applicant shall meet all applicable City Codes and Ordinances. 12.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. Planning Commission Approval July 17,2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 13.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. 14. 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. 15. The applicant shall meet all applicable County Fire Department requirements for fire protection. 16.The gate located at the driveway shall be placed a minimum of thirty-five feet (35') from the face of curb or road right of way and it shall be operated automatically and/or manually with a rapid entry system pursuant to County Fire Department. 17. The applicant shall meet all applicable Building and Safety Division requirements. 18.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. 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 Director of Community Development or designee. The landscape plan shall be implemented 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. Planning Commission Approval July 17,2007 City Conneil Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 21. The applicant shall provide automatic irrigation systems for all landscaped areas 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. 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. 24.Driveways shall be constructed of concrete per Building and Safety Division standards. 25. Walls or fences located within the front yard setback 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 construct a decorative masonry wall with pillars along the sides and rear property lines as shown on the plans. The applicant shall be required to remove and replace any existing chain link fencing and any fencing. It will be the responsibility of the applicant to contact the effected neighboring property owners. 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 the City's standard trash enclosure as shown on the plans. 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. Planning Commission Approval July 17, 2007 City Council Approval August 14, 2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 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 and sewer plans to Elsinore Valley Municipal Water District and shall incorporate all District conditions and standards, including payment of applicable connection fees prior to the issuance of building permits. 33.The applicant shall pay the Multiple 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 Proj ect 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. Planning Commission Approval July 17,2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET ENGINEERING DIVISION GENERAL: 37.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. 38.An Encroachment Permit shall be obtained prior to any work on City right-of- way. 39.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. 40. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 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. 42.0n-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. 43.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. 44.Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities Planning Commission Approval July 17, 2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 45.0n-site drainage including roof drains should be directed to a landscaped area. 46.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 47.Construct half-width street improvements on Riley Street prior to building permit (Res. 86-35) final. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, signing and striping, and ac transitions beyond the project limits. Revised at Planning Commission Hearing of7-17-07. 48.Parking space No. 12 shall be reserved as vehicle turn around area. 49.A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 50.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 51. 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 Approval July 17,2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 52.PLEASE NOTE: The discharge of pollutants intQ 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. Prior to Issuance of a Grading Permit 53.If a grading plan is required, submit Soils Report, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 54. The site plan or grading plan shall show natural drainage conveyed through the site, or collected and conveyed by a method approved by the City Engineer. 55.The proposed pedestrian gate shall be setback a minimum of;W 15 feet from the proposed face of curb and the driveway gate a minimum of 25 feet from face of curb. Revised at Planning Commission Hearing of7-17-07 56. 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. 57.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. 58.Submit a "Non Interference Letter" from Southern California Edison prior to issuance of Grading Permit. Edison's contact person is Lisa Salinas at 14799 Chestnut Street, Westminster CA. 92683, and her telephone number is (714) 934-0838. 59.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. Planning Commission Approval July 17, 2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 60.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 permits. 61.Apply and obtain a grading permit with appropriate security prior to any grading activity. Prior to Issuance of Building Permit 62.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. 63.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit final. Street Improvement Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). Revised at Planning Commission Hearing of7-17-07. 64.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. 65.Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Planning Commission Approval July 17, 2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET Prior to Occupancy 66.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 67.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. 68.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 69. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 70.All. signing and striping onsite and on Riley Street shall be installed. Note: Parking space No. 12 shall be designated as No Parking and be utilized as a vehicle turn around area. 71. Water and sewer improvements shall be completed in accordance with Water District requirements. 72.Process and meet all parcel merger requirements prior to building permit. Submit merger documents along with grading plans. Revised at Planning Commission Hearing of7-17-07. DEPARTMENT OF ADMINISTRATIVE SERVICES 73.Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Added to City Council Report dated 8-14-07. Planning Commission Approval July 17, 2007 City Council Approval August 14,2007 FINAL REVISED CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-04 LOCATED AT 311 AND 313 RILEY STREET 74.Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscaping Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-ol-way landscaping 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. Added to City Council Report dated 8-14-07. 75. Upon completion of the Fire Station Impact Study and other impact fees studies, Developer shall pay impactfees. Added to City Council Report dated 8-14-07. End of Conditions Note: Italics indicates addition to text, strikethrough indicates removal from text. Planning Commission Approval July 17, 2007 City Council Approval August 14, 2007