HomeMy WebLinkAboutResolution 2021-22 Variance 2021-01 Lot 7 TR 31957 Enchroachment
RESOLUTION NO. 2021-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2021-01 FOR LOT 7 OF
TRACT 31957 TO ENCROACH 5.6 FEET INTO THE REQUIRED 20 FOOT REAR
YARD SETBACK DUE TO SITE CONSTRAINTS
Whereas, Edgar Gomez, Richmond American Homes has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-56 (Residential
Design Review No. 2021-01 and Variance No. 2021-01) proposing the design and construction
of 96 single-family residential units, preliminary plotting, conceptual wall and fence plan, and
related improvements located within Tract Map No. 31957 and a variance for Lot 7 to encroach
5.6 ft. into the required 20 ft. rear yard setback due to site constraints. The project proposes five
(5) single-story floor plans ranging in size from 2,012 sq. ft. to 2,481 sq. ft. and three architectural
styles. The lot sizes for Tract Map No. 31957 range in size from 6,050 sq. ft. to 16,100 sq. ft. and
are 8,162 sq. ft. on average. The project site is located northerly of Lincoln Street and westerly
of Mountain Street and Running Deer Road (APNs: 394-120-007, 008, 012, and 013); and,
Whereas, pursuant to Section 17.415.080 (Variances) of the Lake Elsinore Municipal
Code (LEMC) the Planning Commission (Commission) has been delegated with the responsibility
of reviewing and approving, conditionally approving, or denying variance applications; and,
Whereas, on May 18, 2021, at duly noticed Public Hearing the Commission has
considered evidence presented by the Community Development Department and other
interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The Commission has considered the project and has found it acceptable.
Section 2: The Commission finds and determines that no new CEQA documentation is
necessary. The project comprises the whole of an action that was analyzed in the previously
adopted Mitigated Negative Declaration No. 2005-06. Approval of the project will not change
density or intensity of use; it simply establishes standards for color palettes, articulation,
orientation, and design of single-family residential development. Therefore, no further
environmental review is necessary.
Section 3: That in accordance with the LEMC, the Commission makes the following
findings regarding Planning Application No. 2016-56 (Variance No. 2021-01):
1. Adequate conditions and safeguards pursuant to LEMC, Section 17.415.080.F have been
incorporated into the approval of the variance to ensure development of the property in
accord with the objectives of the General Plan and the purpose of the planning district in
which the site is located.
The project site has a General Plan Land Use designation of Low-Medium Density
Residential, which allows for detached single-family homes with densities ranging
between one (1) to six (6) dwelling units per net acre. The proposed project constitutes
build out of a previously approved tract map (Tract Map No. 31957) that was found to
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comply with the goals and objectives of the General Plan. The proposed variance would
not diminish the residential nature of the property. The proposed variance would not alter
the existing land use.
2. There are special circumstances, pursuant to the purpose of Section 17.415.080 of the
LEMC, 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 project is requesting a variance to encroach 5.6 ft. into the required 20 ft. rear yard
setback for Lot 7 of Tract Map No. 31957. Lot 7 is an irregular diamond shaped lot and
the strict application of the code will prevent this lot from enjoying the same rights as the
surrounding lots. The granting of the variance will not constitute granting of a special
privilege to this lot. The variance will allow Lot 7 to be developed in a similar fashion as
the surrounding properties.
3.In approving the variance, any reductions authorized from the strict interpretation of the
zoning ordinance represents the minimum deviation from this code necessary to fulfill the
purpose of this chapter and enable reasonable development of the property.
The proposed variance would allow Lot 7 to be developed with a single-family residence
consistent with the other lots located adjacent to the project area. The proposed variance
represents the minimum deviation necessary to enable reasonable development of the
property in a manner consistent with the surrounding area.
Section 4: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Planning Application No.
2016-56 (Variance No. 2021-01).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, this 18th day of May 2021.
John Gray
Vice Chair
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
FOR:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021-22 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on May 18, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, and Dobler; and Vice Chair Gray
NOES: None
ABSENT: Commissioner Peters; and Chair Klaarenbeek
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
FOR:
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