Loading...
HomeMy WebLinkAboutReso 2025-24 - VAR 2025-07 - PA 2025-08 - SunnyslopeRESOLUTION NO. 2025-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2025-07 TO ALLOW A REDUCTION OF THE REQUIRED SIDE YARD SETBACK FROM 12 FEET TO 5 FEET ALONG THE WESTERN PROPERTY LINE FOR A PROPOSED SINGLE- FAMILY HOME LOCATED IN THE R-H ZONE OF THE COUNTRY CLUB HEIGHTS DISTRICT (APNs: 375-272-001, -002, -003, -004, -005, -036, AND -037) Whereas, Frank Arredondo has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2025-08 for a Variance (VAR No. 2025-07) to deviate from the 12-foot required side yard setback for a new proposed approximately 2,900 square-foot single-family home in the R-H zone. The project is requesting to reduce the side yard setback along the western property line from 12 feet to five feet which is a seven-foot reduction. No reduction is requested for the other side yard setback along the eastern property line since it complies with the five-foot minimum requirement; Whereas, the project is located on seven separate but contiguous parcels for a combined project site of 0.68-acres. More specifically, the parcels are located between Skyline Drive and Sunnyslope Avenue within the Country Club Heights District and are currently zoned Hillside Single-Family Residential (R-H). The Assessor Parcel Numbers (APNs) include 375-272-001, - 002, -003, -004, -005, -036, and -037; Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; Whereas, pursuant to Section 17.415.080 (Variances), the Planning Commission (Commission) has been delegated the responsibility of reviewing and approving, conditionally approving, or denying this variance application; and Whereas, on September 16, 2025, at a 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: Docusign Envelope ID: 95BA2327-F590-46AC-AD43-AB9FF2DB47D8 PC Reso. No. 2025-24 Page 2 of 4 1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell. 2. The project site is vacant but is surrounded by disturbed areas that have been fully developed with residential structures. The project is proposing to construct a new approximately 2,900 square-foot single-family home with a variance from the side yard setback along the western side. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas. 4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. 5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees. Section 3: The Commission has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 4: The Commission finds the project is exempt from the California Environmental Quality Act (CEQA), pursuant to 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 CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). Section 5: That in accordance with Section 17.415.080.F of the LEMC, the Commission makes the following findings regarding Variance No. 2025-07: 1. Adequate conditions and safeguards pursuant to LEMC, Section 17.172.050 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 distric t in which the site is located. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing construction and operations. 2. There are special circumstances, pursuant to the purpose of Chapter 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. Docusign Envelope ID: 95BA2327-F590-46AC-AD43-AB9FF2DB47D8 PC Reso. No. 2025-24 Page 3 of 4 Due to the existing steep hillside topography creating a smaller development area and unique irregular lot shape configuration with narrow dimensions, the applicant’s proposed single-family home design could not comply with the 12-foot side yard setback requirement. As such, granting a variance to reduce the side yard setback to five feet would be appropriate for this proposed single-family home given the existing physical development constraints as described in the staff report. Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property that would preclude the applicant from having the same development rights 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 reduce the side yard setback in order to allow the applicant to reasonably develop their single-family home. However, the single-family home would still be required to maintain the reduced minimum side yard setback granted by the variance. The variance would not outright remove the side yard setback requirement or result in a zero-lot line setback. Furthermore, the development would also be required to comply with all other applicable development standards. 4. Granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated. Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property unlike the other properties within the vicinity with the same zone that do not have the same physical hardships and could develop their property consistently with the R-H zoning district’s development standards and requirements contained in the LEMC. Because of the physical hardships, it would preclude the applicant from having the same development rights as the surrounding properties. Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Variance No. 2025-07. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16th day of September, 2025. John Gray Chair Docusign Envelope ID: 95BA2327-F590-46AC-AD43-AB9FF2DB47D8 PC Reso. No. 2025-24 Page 4 of 4 Attest: _____________________________ Damaris Abraham Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-24 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held September 16, 2025 and that the same was adopted by the following vote: AYES: Commissioners Devor, Pease and Peters; Vice Chair Carroll; and Chair Gray NOES: None ABSTAIN: None ABSENT: None Damaris Abraham Community Development Director Docusign Envelope ID: 95BA2327-F590-46AC-AD43-AB9FF2DB47D8