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HomeMy WebLinkAboutPC Reso No 2007-195 RESOLUTION NO. 2007-195 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A CONVENTIONALLY BUILT TWO-STORY SINGLE-FAMILY DWELLING UNIT LOCATED AT 423 ADOBE STREET WHEREAS, Mr. Hector Zubieta filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a conventionally built two-story single-family dwelling unit with an attached two (2) car garage on property located at 423 Adobe Street (APN: 377-312-024); 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 projects; 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 November 6, 2007. 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 Project and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code. 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 State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines") 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. (CEQA Guidelines § 15303(a)). SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of the Project: 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of General Plan designation Medium Density and the Medium Density (MD) zoning designation within Planning Area 5 of the "Historic Elsinore" Overlay Zoning district. The General Plan designation Medium Density is intended for a wide range of residential development types including attached and detached single-family dwelling units PLANNING COMMISSION RESOLUTION NO. 2007-195 PAGE 2OF4 at the lower end of the range and multiple family units at the higher end of the density range. The maximum density permitted shall be 12 dwelling-units to the acre. The Medium Density (MD) zoning designation within Planning Area 5 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 5 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 "Monterey" 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 Density and zoning designation Medium Density (MD) within Planning Area 5 of the "Historic Elsinore"Overlay Zoning district. i 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 dwelling unit provides: a twenty-five foot (25) front-yard setback; sufficient front-yard landscaping; and, safe and sufficient on-site vehicular circulation. i In addition, the Project complies with all setback, height, and lot coverage requirements as outlined in the R-1 (Single-Family Residential) Zoning District of the Lake Elsinore Municipal Code. The Project will complement the quality of existing projects in that the applicant is providing elements of "Monterey" style architecture, which includes: 360-degree architecture articulation pursuant to the "General Plan, Community Design Element Design Guidelines'; decorative balcony columns with decorative wood brackets, exposed rafter tails, paired windows and wood shutters; it also includes low-pitched roof; little or no eave overhang; red-tiled roof, stucco wall surface; and specially an asymmetrical facade. i PLANNING COMMISSION RESOLUTION NO. 2007-195 PAGE 3 OF 4 3. Subject to the attached conditions of approval, the Project is not anticipated to Fi result in any significant adverse environmental impacts. A Class 3 CEQA exemption may be invoked when the development proposal involves construction of one single family residence. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single family residence. Section 7.3.2 of the MSHCP states that: "[d]evelopment of individual single-family homes on existing parcels, in accordance with existing land use regulations is a Covered Activity within the Criteria Area," subject to an expedited review process. Impacts of development of single-family residences on sensitive habitat and covered species were accounted for in the MSHCP and the MSHCP EIR. The Planning Commission hereby finds that the single-family residence at 423 ' Adobe Street (APN: 377-312-024) was sited on the least sensitive portion of the lot. Consideration was given to access, topography/terrain, zoning standards including setbacks, soil types, presence of earthquake fault lines, leach fields, presence of oak trees and high fire hazard areas. The building foot print area is appropriate and complies with the MSHCP Criteria Area. Moreover, the Project has been reviewed by all City divisions and departments, which have imposed certain conditions of approval on the Project to ensure that no adverse impacts occur. in light of those conditions of approval, as 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 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 action of the Planning Commission. The Project has also been conditioned to comply with all aspects of the Lake Elsinore Municipal Code. The Applicant shall meet all required setbacks and development standards pursuant to the R-1 (Single-Family Residential) zoning designation, prior to the issuance of a building permit. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves the Minor Design Review application. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. i PLANNING COMMISSION RESOLUTION NO. 2007-195 PAGE 4OF4 PASSED, APPROVED AND ADOPTED this 16th day of October 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE i ABSTAIN: COMMISSIONERS: NONE I r Micha'q 9Aeal, Chairman City of Lake Elsinore ATTE T: r Rolfe Preisendanz Director of Community Development I i CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A CONVENTIONALLY BUILT SINGLE-STORY SINGLE-FAMILY DWELLING UNIT LOCATED AT 423 ADOBE STREET (APN: 377-312-024) i PLANNING DIVISION I 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 of a conventionally built single-story single-family dwelling unit located at 423 Adobe Street (APN: 377-312-024) project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 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 the location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of the conventionally built single-story single-family dwelling unit located 423 Adobe Street (APN: 377-312-024) 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. Planning Commission Approval November 6,2007 1 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-1 (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. The applicant shall comply with all requirements of the Riverside County Fire Department. 10. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 11. 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. 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. I 14. A cash bond of $1,000.00 shall be required for any construction trailers placed on I 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. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 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. 'I Planning Commission Approval I November 6,2007 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 fink 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. The sign shall be placed on the property prior to the issuance of a grading permit. 27. All exposed walls visible from any public right-of-way shall utilize "split-face" block or stuccoed to match the proposed dwelling unit. Plain precision block is not permitted. 28. The applicant is to meet all requirements of the Lake Elsinore Unified School district. 29. The applicant is to meet all requirements of the City of Lake Elsinore Redevelopment Agency. Planning Commission Approval November 6,2007 30. The applicant is to meet all requirements of the Building and Safety division. I 31. The applicant will be responsible for landscaping all required dedications or easements until such time that all street improvements are constructed. 32. 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. 33. The project shall comply with any/all requirements of the City of Lake Elsinore Building and Safety division. 34. The project shall comply with any/all requirements of the City of Lake Elsinore Parks and Recreation Department. 35. The project shall comply with any/all requirements of the Lake Elsinore Police Department. 36. The project shall comply with any/all requirements of the City of Lake Elsinore Redevelopment Agency. 37. The applicant shall be responsible for landscaping and maintaining the required rear-yard (alley) dedication until such time as City alley improvements are installed. 38. The proposed single-family dwelling unit located at 423 Adobe Street shall connect to sewer. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 39. 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. 40. The applicant shall pay park-in-lieu fees in effect at the time, prior to issuance of building permits. 41. 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. 42. The applicant shall pay all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. $ Planning Commission Approval l November 6,2007 43. 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, j 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. 44. Prior to the issuance of a building permit, the applicant shall provide assurances to the Planning Division that all sewer arrangements have been met. 45. Prior to the issuance of a building permit, the applicant shall provide a detailed sewer "Will Serve" letter from the Elsinore Valley Municipal Water District. The sewer will serve letter submitted to the Community Development Department shall ihave been generated no longer than thirty (30) days prior to submittal. i 46. Prior to the issuance of a building permit, the applicant is to provide assurances to the Community Development Department that all requirements of the City of Lake j Elsinore's Parks and Recreation Department have been met. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY i 47. 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. 48. 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. 49. 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. i Planning Commission Approval November 6,2007 I 50. 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. 51. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. CITY OF LAKE ELSINORE PARKS AND RECREATION DEPARTMENT 52.The developer is to pay park fees of$1,600 per unit. 53.The developer is to comply with all NPDES storm water requirements. 54.The developer is to participate in the City-wide LLMD. 55.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. 56.The developer is to meet all City curb, gutter, and sidewalk requirements. ENGINEERING GENERAL 54. 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 of a building permit. 55. 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. 56. The applicant shall 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. 57. 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. Planning Conunission Approval November 6,2007 �l 58. The applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 59. 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. 60. 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. All digital files for the border and the notes are available by request to 49agutierrez a@lake-elsinore.org". DEDICATION 61. The applicant shall dedicate a 3' wide strip of additional right of way along westerly property line to the City for alley widening, prior to the issuance of a building permit. 62. 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 and recordation, prior to the issuance of a building permit. STREET IMPROVEMENTS 63. The applicant shall construct all public works improvements from property line to one foot beyond centerline of Adobe and Flint Street (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base) and from the new property line to 2' beyond center line of the alley (the minimum pavement section + shall be 2" AC pavement over compacted native) per approved street plans (LEMC Title 12). All Plans shall be approved and signed by the City Engineer, prior to the issuance of a building permit (LEMC 16.34). 64. 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 Adobe and Flint Street and the alley centerlines. I J Planning Commission Approval November 6,2007 i I 65. 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 the issuance of a building permit. An encroachment permit will be required, prior to the commencement of any work. 66. 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 the issuance of a building permit. 67. 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 (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. GRADING 68. The developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners, prior to the issuance of a grading permit approval. 69. The applicant shall apply and obtain a grading permit with appropriate security, prior to any grading activity. I 70. 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 beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security, prior to grading permit issuance. 71. 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 f recommendations. 72. The applicant is 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 i Area Management Plan. 1 73. 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 Approval - ovember 6,2007 I DRAINAGE 74. 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. 75. 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. i 76. 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 i into landscaping prior to entering street facilities. 77. The applicant shall submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. The developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. i FEES 78. 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 $1083.00 (Town No. 2 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be ad'usted according to the fee schedule current at the time of payment. STORMWATERI CLEANWA TER PROTECTION PROGRAM 79. 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 rp ohibit 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. f Planning Commission Approval November 6,2007