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HomeMy WebLinkAbout04/17/07 PC Reports 1 I CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA MICHAEL 0 NEAL CHAIRMAN JOHN GONZALES VICE CHAIRMAN JIMMY FLORES COMMISSIONER AXEL ZANELLI COMMISSIONER PHIL MENDOZA COMMISSIONER ROLFE PREISENDANZ DIR COMMUNITY DEVELOPMENT WWW LAKE ELSINORE ORG (951) 6743124 PHONE (951) 6742392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 ******************************************************************* TUESDAY, APRIL 17, 2007 600PM If you are attendmg thiS Planmng CommissIOn Meeting please park m the Parkmg Lot across the street from the Cultural Center ThiS Will assist us m ltmttmg the Impact of meetmgs on the Downtown Busmess Dlstrtct. Thank you for your cooperatIOn' CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker s Form at the podIUm, pnor to the start of the Planmng ComrmsslOn Meetmg) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved m one motion, unless a CommIssIoner or any members of the publIc requests separate actIOn on a specIfic Item) PAGE 2 - PLANNING COMMISSION AGENDA- APRIL 17, 2007 1 Mmor Design Review of two (2) three story smgle-fannly dwelling umts located at 16782 & 16784 Lash Avenue (APN s 378 263 023/024) CASE PLANNER Justm Carlson, Associate Planner Ext 295, Jcarlson@lake elsmore org RECOMMENDA nON Contmuance 2 Mmor Design Review of a Smgle-Famlly Residence located at 310 LewIs Street (APN 374-082 006) · The applicant IS proposmg to construct a 2,254 square foot conventIOnally bUilt smgle farmly residence CASE PLANNER Lmda Miller, Project Planner Ext 209 ImI11er@lake elsmore org RECOMMENDA nON Approval PUBLIC HEARING ITEMS (Please read & complete a Speaker s Form at the podIUm pnor to the start of the Planmng ComnnsslOn Meetmg The Chairman will call on you to speak when your Item IS call ed ) 3 ConditIOnal Use Pernnt No 2006 12 Tentative Tract Map No 34837 (For Condonnmum Purposes), and Residential DeSign ReView No 2006 18 for Lakeshore Village Town homes · A request for ConditIOnal Use Pernnt and Tentative Tract Map approval for mnety mne (99) mdlvldually-owned attached condonnmum umts wlthm an underlymg common area pursuant to the Lakeshore Village SpeCific Plan and Chapter 17 74 (ConditIOnal Use Pernnts) and applicable chapters of the LEMC CASE PLANNER KIrt Coury, Project Planner Ext 274, kcoury@lake elsmore org RECOMMENDATION Approval 1 I PAGE 3 - PLANNING COMMISSION AGENDA- APRIL 17, 2007 4 CondItIOnal Use Penrut No 2005 19 · A request to convert eXIstmg apartment unIts to condonnmums pursuant to Chapter 1730 (Condommmms and CondomImum ConverSIOns) Chapter 1774 (CondItIonal Use Penruts) and all other applIcable chapters of the Lake Elsmore MumcIpal Code (LEMC) CASE PLANNER Lmda MIller, Planmng Consultant Ext 209, ImIller@lake-elsmore org RECOMMENDA nON Approval 5 ReSIdentIal DeSIgn ReVIew No 2006 II · A ReSIdentIal DeSIgn ReVIew request for the development of eIghty one (81) smgle fannly detached reSIdentIal dwellmg unItS CASE PLANNER Lmda MIller, Planmng Consultant Ext 209, Innller@lake elsmore org RECOMMENDA nON Approval 6 CondItIOnal Use Penrut No 2007 08 for a GymnastIcs and Early ChIldhood Movement facIlrty located at 17945 Collrer wIthm the Collrer Avenue Busmess Center · A CondrtIOnal Use Pernnt request to establrsh a gymnastIcs and early chIldhood movement faCIlIty known as TWIstIng U Gymnastics wIthm an eXIstmg commercIal bUIldmg CASE PLANNER Tom Wemer, Planmng Manager Ext 270, twemer@lake elsmore org RECOMMENDATION Approval PAGE 4 - PLANNING COMMISSION AGENDA- APRIL 17, 2007 BUSINESS ITEMS INFORMATIONAL STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 17, 2007 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT TITLE: APPLICANT: MINOR DESIGN REVIEW OF TWO (2) THREE-STORY SINGLE-FAMILY DWELLING UNITS LOCATED AT 16782 & 16784 LASH AVENUE (APN'S: 378-263-023/024) HECTOR ZUBIETAlZENOS INC.: 38372 INNOVATION COURT, SUITE 204, MURRIETA, CA 92563 OWNER: YOK TAN: 111 MOHR STREET, LAKE ELSINORE, CA 92530 PROJECT REQUEST Staff is requesting a continuance of the proposed project. BACKGROUND The proposed project was continued to the April 17, 2007 Planning Commission meeting by the Planning Commission on April 3, 2007. The request for continuance was necessary in order for the applicant to address water availability issues as well as on-site grading for the proposed dwelling units. The applicant is still in the process of addressing these items and therefore, with the consent of the Planning Commission, staff is requesting the project be continued to the May 1, 2007 meeting. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: , ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMEN.1:.. \ ACEMOA \TEM W._ <. PAOE_ \ .~ Of_ \ CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PRESIDENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 17,2007 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET. APPLICANT: SAUL ARANA, 32905 GILL LANE, LAKE ELSINORE, CALIFORNIA 92530 OWNER: SAME PROJECT REQUEST The applicant is requesting approval to construct a single family residence on a vacant lot. Review is pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), and all other applicable Chapters of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. PROJECT LOCATION The project site is located at 310 Lewis Street within the Historic Overlay District (APN 374-082-006). ACENOAITI:M NO. :0 - PAOE. I r OF..._,tO - REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 2 of 4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET - APN 374-082-006 ENVIRONMENTAL SETTING Project Vacant MD Medium Density MD Medium Density Site Residential North Vacant MD Medium Density MD Medium Density Residential South Single Family MD Medium Density MD Medium Density Residence Residential East Single Family MD Medium Density MD Medium Density Residence Residential West Single Family MD Medium Density MD Medium Density Residence Residential PROJECT DESCRIPTION The applicant is proposing to construct a 2,254 square foot conventionally built single family residence, with a 55 square foot front covered porch, and a 340 square foot rear covered patio on a 9,000 square foot (gross) vacant lot. The proposed single story dwelling unit consists of a great room, nook/kitchen, four (4) bedrooms, two (2) bathrooms, and laundry room. The total building footprint is 3,071 square feet or 34% of the lot area, which is within the maximum allowance of the fifty percent (50%) pursuant to the Historic Standards. Both water and sewer services will be provided by the Elsinore Valley Municipal Water District (EVMWD). Architecture. Materials and Colors The applicant is proposing to use Craftsman style architecture. Features include "elephantine" columns with masonry bases, masonry wainscots that continue around all four (4) elevations, overlapping siding, and windows with wide wood trim. Window glass will be pained, typical of the Craftsman style. Roofing material will be flat concrete tile. Colors proposed are: ACENDA ITEM NO. PAGE :lJ ~ OF rX 0 REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 3 of 4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET - APN 374-082-006 Roof Siding Trim Capistrano Gray Slay Range Silvery moonlight Play House Plumb Landscapine: and Fencine: The applicant will be required to provide an automatic irrigation system and landscaping within the front setback area. The City standard six foot (6') wood fence will be constructed along the side and rear property lines and decorative block wall will be used for the fence returns. The applicant will be required to remove and replace any existing fencing (City standard) that is in poor condition with new (City standard) fencing. If the existing fencing is in good condition, this requirement may be waived per the approval of the Director of Community Development or Designee. ANAL YSIS The proposed Craftsman style architecture meets the architectural requirements of the Historic Standards. The site layout meets all setback and lot area requirements as well. The applicant will provide front yard landscaping and automatic irrigation. The City Standard six foot (6') high wood fence will be provided along the sides and rear property lines. Staff is requiring that the front returns be decorative block. Wood fencing will not be allowed along the front. Staff can recommend approval of the single family residence because the applicant is providing all of the requirements listed in the Historic Standards and LEMC. ENVIRONMENTAL DETERMINATION The proposed single family residential project is found to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 3 (a) exemption for new construction or conversion of small structures (Section 15303), because the project involves the construction of one (1) single family residence. ACENOA ITEM NO._ JL. PAGE ~ _Of c20 REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 4 of 4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET - APN 374-082-006 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007_ approving Minor Design Review of a Single Family Residence located at 310 Lewis Street. The recommendation is based on the findings, exhibits, and conditions of approval. PREPARED BY: LINDA M. MILLER, PLANNING CONSULTANT APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. Vicinity Map 2. Resolution No. 2007- _ approving Minor Design Review of a Single Family Residence 3. Conditions of Approval 4. Exhibits - Reductions a. Site Plan/Grading Plan/Landscape Plan b. Floor Plan c. Elevations 5. Full Sized Exhibits ACENDA ITEM NO._ ~ PACE 'I OF c/l{) VICINITY MAP COMMERCIAL DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE 310 LEWIS STREET '----- ~,--- -.......................... ............-.,.......... -----.. / PLANNING COMMISSION ACENDA ITEM NO._ ~ PACE.5 OF :<0_ RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE WHEREAS, Saul Arana filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review for a single family residence to be constructed on a vacant lot located at 310 Lewis Street (APN 374-082-006: the "Project"); 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 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 April 17, 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 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. 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 3(a) exemption for new construction or conversion of small structures (14 C.C.R. S 15303(a)) because the Project involves construction of one single family residence. 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 Minor 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. AGENDA ITEM NO. PAGE ~ ~ OF tK () PLANNING COMMISSION RESOLUTION NO. 2007-_ 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 Craftsman 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 Lake Elsinore Municipal Code by proposing Craftsman style architecture. Features include elephantine columns with masonry bases, masonry wainscot, overlapping siding, wide window trim with pained windows, and concrete tile roof. 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. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a class 3 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the single family residence blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Lake Elsinore Municipal Code Chapter 17.82.100, 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 approval of the Planning Commission. The Project complies with all applicable provisions of the Lake Elsinore Municipal Code. ACENDA ITEM NO. PACE 1 ~ OF 0( CJ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 3 SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves the Minor Design Review for a single family residence to be located on a parcel ofland known as APN: 374-082-006. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. ~ PAGE a OF ~O CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS 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 family residential 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. PLANNING DIVISION 3. Minor Design Review approval of a single family residence located at 310 Lewis Street- APN 374-082-006 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 of9 ACENDA ITEM NO. Pv PAGE q. OF ~() CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS 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 or similar material approved by the Director of Community Development or Designee on the dwelling. 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. Page 2 of9 AGENDA ITEM NO. ~ PACE It) OF :<0 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS 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 applicant shall meet all applicable Building and Safety Division requirements. 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 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. 20.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. Page 3 of9 AGENDA lTEM NO. PAGE /1 L OF. ,gO ,._ CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET 21.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 22.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. 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.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. 27.The applicant shall construct the City's Standard six foot (6') wood fence along the side property lines. Decorative masonry pillars and historic type wood gates will be provided along the front fence returns. 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 it is found the fencing will need to be removed and replaced. 28.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. Page 4 of9 ACENDA ITEM NO. PACE /:2- 2 OF 020 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET 29.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. 30.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. 31. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 32.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 33.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. 34.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee 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.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 Page 5 of9 AGENDA ITEM NO. ~ PACE /8 OF ~O CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET 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. ENGINEERING DIVISION 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 building permit. 39.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.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.Provide fire protection access and facilities as required in writing by Riverside County Fire. 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 generated during cleaning, demolition, clear and grubbing or all other phases of construction. Page 6 of9 ACENDA ITEM NO. ~ PAGe /4 OF ~O CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET 43.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". STREET IMPROVEMENTS: 44.Construct all public works improvements from property line to one foot beyond centerline of Lewis 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). 45.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 Lewis Street centerline. 46.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. 47. 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. 48.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. Page 7 of9 AGENDA ITEM NO. PACE /5 ~ OF t:R t) CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET GRADING: 49.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit approval. 50.Apply and obtain a grading permit with appropriate security prior to any grading activity. 51.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. 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. 52.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. 53.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. 54.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: 55.0n-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. Page 80f9 A/"ENOA ITEM NO. ~ "'" - '() PAGE lIP OF ~.- CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 310 LEWIS STREET 56.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. 57.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. 58. Submit, along with grading plans, Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 59.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 $597.00 (Town No.2 Dist.) and the current TUMF amount is $9,693.00; the amount of fees shall be adjusted according to the fee schedule current at the time of payment. STORMWATERI CLEANWATER PROTECTION PROGRAM 60.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. 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PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 17, 2007 PREPARED BY: KlRT A. COURY, PROJECT PLANNER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES APPLICANT/ OWNER: CORMAN LEIGH, TOZAI LAKE SHORE, LLC., 32823 HIGHWAY 79, TEMECULA, CA 92592 PROJECT REQUEST The request before the Planning Commission is for the following discretionary applications: . Conditional Use Permit No. 2006-12. Approve Conditional Use Permit No. 2006-12 to allow for ninety nine (99) individually-owned attached condominium units within an underlying common area pursuant to Lakeshore Village Specific Plan and Chapter 17.74 (Conditional Use Permits) and applicable chapters of the LEMC. . Tentative Parcel Map No. 34837. Recommend approval of Tentative Tract Map No. 34837 (For Condominium Purposes), pursuant to Lakeshore Village Specific Plan, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC and Section(s) 66424 and 66427 of the California Subdivision Map Act. ....-A "'0 -3 ~ ACENDA \, cnl'~ '- ~ PACE_ (_OF_ ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 . Residential Design Review No. 2006-18. Recommend approval of Residential Design Review No. 2006-18 for the design and construction of twenty one (21) residential condominium buildings, which include ninety nine (99) individually- owned attached condominium units and related improvements. Design Review is pursuant to Lakeshore Village Specific Plan and Chapter 17.82 (Design Review) and applicable chapters of the LEMC. PROJECT LOCATION The project is located on the south side of Lakeshore Drive between Viscaya Street and Machado Street (APN: 379-230-001). Exhibit A provides a "Vicinity Map" which presents the overall Lakeshore Village Specific Plan area. ENVIRONMENTAL SETTING Project Vacant Attached Lakeshore Village Site Residential/Community Specific Plan Residential Flex (AR)/CRF Lakeshore Village Specific Plan North Vacant Neighborhood Commercial Low Medium Density (C-l ) Residential South Existing Medium Density Medium High Density Medium Residential (R-2) Residential Density Residential (R-2) East Single- Lakeshore Village Specific Lakeshore Village Family Plan (Detached Residential) Specific Plan Residential West Single- Commercial Park (CP) and Medium High Density Family High Density Residential Residential Residential (R-3) ACENDA ITEM NO. .3 PACE "2-- OF ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 PROJECT DESCRIPTIONS Conditional Use Permit No. 2006-12 The applicant requests approval of a Conditional Use Permit to allow for ninety nine (99) individually-owned attached condominium units within an underlying common area pursuant to the Lakeshore Village Specific Plan Amendment and Chapter 17.74 (Conditional Use Permits) and applicable chapters of the LEMC. The common areas and the residential condominiums will also be established with the required Conditional Use Permit. The Planning Commission can approve the Conditional Use Permit and establish reasonable conditions. Tentative Tract Map No. 34837 The applicant requests approval of Tentative Tract Map No. 34837 to establish a residential condominium community within the Attached Residential (AR) and Commercial/Residential Flex (CRF) area of the Lakeshore Village Specific Plan. Condominium projects are defined as "subdivisions" pursuant to Sections 66424 and 66427 of the California Subdivision Map Act. Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" and Chapter 17.30 (Condominiums and Condominium Conversions) of the Lake Elsinore Municipal Code (LEMC) (Exhibit 'B'). The condominium concept will offer individual dwelling units for sale within each condominium building as defined by Tentative Tract Map No. 34837, while sharing common interest, ownership and maintenance responsibilities within the common areas. These common areas include a recreation center with swimming pool/jacuzzi area, barbeques and picnic tables; open lawn play areas; tot lots; common walls and fences; aisle-ways; pavement; monument signs; mail boxes; landscaped areas; and on site underground and aboveground utility infrastructure improvements necessary to service and support the condominium community. The air space for the common areas and the residential condominiums will also be established with the Tentative Tract Map. AGENDA ITEM NO. 3 PAGE 3 OF ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 Residential Desi2n Review No. 2006-18 The following describes the various design components and features of the proposed Lakeshore Village Townhome Condominium Community, including siting, circulation and parking layout; landscaping, monumentation, walls and fences, and architecture. Sitinf! The applicant is proposing to develop the vacant site with twenty one (21) two- story detached residential condominium buildings, totaling approximately 111,551 square feet. Exhibit 'c' identifies the project's Site Plan. The proposed condominium buildings will cover thirty five percent (35%) of the project site and will be developed at a maximum density of 13.6 dwelling units per net acre. The project site is designated AR/CRF by Lakeshore Village Specific Plan, which establishes a maximum residential density of eighteen (18) dwelling units per acre. It should be noted that the Commercial/Residential Flex use is allocated along the Lakeshore Drive frontage. Since the CRF use is not being implemented, the residential option can be exercised with a maximum density of eighteen (18) dwelling units per acre. Pavement will cover thirty one percent (31 %) of the site. The buildings will consist of eleven (11) six -unit condominium buildings, four (4) four-unit buildings, five (5) three-unit buildings, and one (1) two-unit building. The six -unit building will total approximately 12,221 square feet. The four-unit building will total approximately 8,236 square feet. The three-unit building will total approximately 6,393 square feet, and the two-unit building will total approximately 4,300 square feet. The condominium units will range in size from 1,373 square feet to 2,503 square feet. The units will include three (3) bedrooms, 2.5 baths; a living room, dining room, kitchen, and laundry room area. Each of the condominiums will be provided with an enclosed two-car attached garage. The condominium buildings have been strategically situated at varied orientations throughout the project site. The proposed recreation center building, pool/jacuzzi area, and other recreational facilities will be located near the front area of the site and will be visible from Lakeshore Drive. Further, the project has been designed to create a clustering arrangement of buildings, which have been aligned to fashion AGtNDA ITEM NO. PACE Y g OF ~J PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 common areas in the front of each building. The common areas will then provide easy pedestrian access throughout the site and to Lakeshore Drive, as well as providing opportunities for outdoor enjoyment. Circulation and Parkin!! Lavout Access will be provided along Lakeshore Drive via a fifty foot (50') gated entry and via a twenty five foot (25') gated entry at the "rear" portion of the site, opposite of Lakeshore Drive. The gates will provide security access to the community. The area in front of the entry gates will allow for adequate vehicular stacking as well as turn-around areas. The drive aisles within the site are private streets and will be' maintained by the Home Owner's Association (HOA). The width of the two primary driveway entry areas allows for vehicular circulation and will have 30 and 32-feet of right-of-way. The project provides two (2) enclosed parking spaces per dwelling unit. In addition, forty six (46) open guest parking spaces will be provided at strategic locations throughout the community. A total of 244 parking spaces will be provided; the Specific Plan requires 231 parking spaces. Nine (9) guest parking spaces will be located near the recreation center area. Handicap parking will be provided as well, allowing for disabled access to the recreation center area as required by the Building and Safety Division. It should be noted that the project satisfies the overall number of required parking spaces. However, in order to provide an acceptable number of private enclosed spaces, the applicant is providing the aforementioned 46 open guest parking spaces for each dwelling (two garage spaces per unit). The overall parking breakdown is 198 enclosed (within a garage) and 46 open spaces (non enclosed) which is less than the total number of open spaces outlined for this type of development. However the total number of spaces exceeds the Lakeshore Village Specific Plan and Lake Elsinore Municipal Code (LEMC) requirements. Landscapin!! The project will provide a total of 60,253 square feet of landscaping throughout, or nineteen percent (19%) of the project site. The common landscaped area will be maintained by the HOA (Exhibit 'D'). ACENDAITEM NO. -3 PACE ~ OF ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 "Green" courts with pedestrian walkways will be provided between the buildings. Landscaping includes assorted ground cover, shrubs and trees. The pedestrian walkways throughout the community will be augmented with turf, ground cover and various shrubs and trees. Monumentation. Walls and Fences Monumentation will be provided near the project's entry along Lakeshore Drive to identify the proposed Lakeshore Village Townhome condominium community. The monumentation will be designed to be consistent with other monumentation features within the Viscaya/Lakeshore Village area. The gates will be made of decorative tubular steel. Six-foot (6') masonry walls will be located along the perimeter of the property. Architecture Three (3) distinctive architectural styles will be offered for the proposed condominium buildings. The three (3) styles include Craftsman, Spanish, and Italian design. The Craftsman architecture is characterized by simulated wood out- lookers, wood siding at gables, pot shelves, ledger stone veneer accents; flat concrete tile roofs, stucco sand-finished walls, stucco-finish decorative foam surround door and window trims, wood trim surround along siding, and sectional roll-up doors. The Spanish architecture includes concrete "S" tile roofs, decorative pipes, curved archways, recessed windows, decorative iron, vents, and sectional roll-up doors. The Italian architecture is characterized by flat concrete tile roofs, simulated wood shutters, pot shelves, recessed window accents, stucco sand- finished walls, stucco-finish decorative foam surround door and window trims, and sectional roll-up doors. Exhibits 'E' and 'F' identify the condominium's elevations and floor plans. The recreational center building will be designed as a single-story Spanish Style structure. Condition number thirty four (34) requires the recreation building elevations to be reviewed and approved by the Community Development Director or designee prior to issuance of any grading or building permits ACENDA ITEM NO. 3 PACE C OF ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 ANALYSIS Staff supports the requested applications for the following reasons: Conditional Use Permit No. 2006-12 City Planning and Engineering staffs have reviewed the Conditional Use Permit request and have no concerns. Conditional Use Permit approval is required to allow for ninety nine (99) individually-owned attached condominium units to be constructed within the project site. Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC states that: "The City realizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses, or residents. Said uses therefore require a more comprehensive review and approval procedure, including the ability to condition the project, in order to mitigate any detrimental impact. In order to achieve this, the Planning Commission is empowered to grant and to deny applications for Conditional Use Permits and to impose reasonable conditions upon granting of Conditional Use Permits." Considering the potential ramification to the general health, safety, comfort, or general welfare of the community, Staff has paid extra attention to specific details related to development of the proposed condominium project, including site planning, local street circulation, internal vehicular and pedestrian circulation, landscape buffering, private common area amenities (i.e. swimming pool, jacuzzi, picnic areas, etc.), architectural compatibility, and other related development and design issues. Staff believes the project is well-designed and addresses those design and development issues which support approval of the requested Conditional Use Permit. Tentative Tract Map No. 34837 City Planning and Engineering staffs have reviewed the proposed tentative tract map and have no concerns, if required conditions of approval are satisfied. The proposed tentative tract map is consistent with development standards contained in the Specific Plan document in terms of lot size, street widths, and other Planning AGENDA ITEM NO. "'3 PACE. '1 OF ~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 and Engineering standards and requirements. The Tentative Tract Map area is located within Attached Residential (AR) and Commercial/Residential Flex (CRF) areas of the Specific Plan. The AR/CRF designation permits multi-family attached residential product. The proposed project is consistent with the AR/CRF designations. Tentative Tract Map No. 34837 is required to establish the Lakeshore Village Townhome Condominium Community. The tentative tract map is consistent with Sections 66424 and 66427 of the California Subdivision Map Act, and Section 16 "Subdivisions" and Chapter 17.30 (Condominiums and Condominium Conversions) of the Lake Elsinore Municipal Code. Residential Desi2n Review No. 2006-18 City Planning and Engineering Staff have reviewed the requested Design Review application and have no concerns. Staff believes that those design amenities and features associated with the project's siting; circulation and parking layout; landscaping; monumentation, walls and fences; and architecture have resulted in a well-designed condominium community. Staff believes that the project is compatible with the overall Lakeshore Village Specific Plan area and those existing and future developments that neighbor the project site. ENVIRONMENTAL Pursuant to and consistent with the California Environmental Quality Act, (CEQA), environmental clearance for the proposed project is provided by Mitigated Negative Declaration No. 2003-03, which was approved by the City Council in October 2003. No further environmental clearance is required for this project RECOMMENDA TION It is recommended that the Planning Commission adopt the following Resolutions: 1. Resolution No. 2007-_ recommending that the City Council make Findings that the Project is consistent with the Multi-Species Habitat Conservation Plan (MSHCP). ACENDA ITEM NO. 3 PACE_, j{:~OF_~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 2. Resolution No. 2007-_ approving Conditional Use Permit No. 2006-12 for the Lakeshore Village Townhome Condominium Community. 3. Resolution No. 2007-_ recommending that the City Council approve Tentative Tract Map No. 34837 to the City Council. 4. Resolution No. 2007-_ recommending that the City Council approve Residential Design Review No. 2006-18 for the Lakeshore Village Townhome Condominium Community. These recommendations are based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED BY: ~ENDANZ,--- DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Resolution No. 2007- recommending that the City Council make Findings that the Project is consistent with the Multi-Species Habitat Conservation Plan (MSHCP). 2. Resolution No. 2007-_ approving Conditional Use Permit No. 2006-12 for the Lakeshore Village Townhome Condominium Community. 3. Resolution No. 2007-_ recommending that the City Council approve Tentative Tract Map No. 34837 to the City Council. ACENDA 1TEM NO. 3 PAce-1-oF )f3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2006-12, TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 APRIL 17, 2007 4. Resolution No. 2007-_ approving Residential Design Review No. 2006- 18 for the Lakeshore Village Townhome Condominium Community. 5. Conditions of Approval. 6. Exhibits: 'A': Vicinity Map 'B': Site Plan and Tentative Tract Map No. 34837 'C': Preliminary Grading Plan 'D': Landscape Plan 'E': Building Elevations & Floor Plans 'F': Full Size Plans 'G': Colored Site Plan (presented at hearing) 'H': Colored Building Elevations (presented at hearing) 'I': Color and Materials Board (presented at hearing) ACENDA ITEM NO. 3 PAGE tIJ OF ~ RESOLUTION NO. 2007- 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 THAT THE PROJECT IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Corman Leigh has filed an application with the City of Lake Elsinore requesting approval of the Project identified as Conditional Use Permit No. 2006-12, Tentative Tract Map No. 34837 and Residential Design Review No. 2006-18 (the "Project"); and WHEREAS, the 7.28-acre Project Site is located on the south side of Lakeshore Drive between Machado and Viscaya Streets (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, action taken by the Planning Commission and City Council with regard to the tentative tract map and residential design review applications is a discretionary action subject to the MSHCP; 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 April 17, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ACENDA \TEM NO.,..,_5 PACE_l (~ OF . {fO PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F5 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 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 criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. 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 S 6.1.2), Protection of Narrow Endemic Species (MSHCP S 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP S 6.1.4), Vegetation Mapping (MSHCP S 6.3.1), Additional Survey Needs and Procedures (MSHCP S 6.3.2), Fuels Management (MSHCP S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance S 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. Therefore, a Joint Project Review with the ReA was not required. 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. All potential impacts AGENDA ITEM NO. .3 PACE 12- ~~o~ ~ _ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 to Riparian/Riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have Vernal Pools. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. However, these surveys were not conducted. This requirement was realized after the 2006 survey season had passed. The MSHCP requires that 90% of the area containing these species should be avoided. Upon further evaluation regarding the needs for these surveys, it was determined that more than 90 % of the chaparral where these species could potentially exist was avoided by the Project design. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. While the Project is not located adjacent to an identified habitat preserve or corridor, about half of the Project Site is being considered for conservation. The Applicant is considering providing conservation area to the Regional Conservation Authority or similar organization for permanent preservation. If this land is set aside for conservation, the Urban/Wildlands Guidelines would apply to the Project. The design of the Project already includes features that ensure compliance with the Guidelines. Further, mitigation has been included in the Project to prohibit the placement of potentially invasive plant material in or adjacent to the conserved areas. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 6. The Project is consistent with the Vegetation Mapping requirements. The Riparian/Riverine habitat as described in the DBESP has been mapped consistent with Section 6.3.1 Vegetation Mapping requirements. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within an area requiring additional surveys. As AGENDA \'iEM NO. 3 PAce~CF yj PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 5 such, the provisions of Section 6.3.2 do not apply to the Project. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project is not located adjacent to a conservation area. Should the Applicant set aside land for permanent conservation, Fuels Management Guidelines would apply to the Project. Currently, these provisions do not apply to the Project. . 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 theforegoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council find that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. 3 PAce-!.. t..f ~Cf _ ?;3_~ PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE50F5 PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. S PACE~OF .X3 RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2006-12 WHEREAS, Corman Leigh has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2006-12 for the construction and establishment of ninety nine (99) individually-owned attached condominium units within the Lakeshore Village Specific Plan (the "Entitlement"); and WHEREAS, the Site encompasses 7.28 acres and is located on the south side of Lakeshore Drive, between Viscaya and Machado Streets (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsin~re has been delegated with the responsibility of considering and either approving, conditionally approving, or denying conditional use permits; 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 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, Mitigated Negative Declaration No. 2003-03 evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, the Entitlement comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build-out under the specific plan; and ACENDA ITeA NO. 3 PAGE~_OF :b-3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F5 WHEREAS, public notice of the Entitlement 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 17, 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 Entitlement and has found that it is consistent with the Lake Elsinore Municipal Code and Lakeshore Village Specific Plan. SECTION 2. The Planning Commission finds and determines that the Entitlement does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Entitlement does not change density or intensities of use. The condominium use was contemplated by the Specific Plan and the environmental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review for the Entitlement. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.74, the Planning Commission makes the following findings for the approval of Conditional Use Permit 2006-12: 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 Lakeshore Village Townhome Condominium Community will be developed at a density of 13.6 dwelling units per acre which is consistent with the Lakeshore Village Specific Plan designation of "Attached Residential," which accommodates residential development of up to 18 dwelling units per acre. The condominium use is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lakeshore Village Specific Plan, and Lake Elsinore Municipal Code. ACENDA ITEM NO. PAGE l 7 -3 OF ~3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 2. The proposed use will not be detrimental to the general health, safety, comfort, or 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 condominium use will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near it. The use will not be injurious to property or improvements in the area or within the City. All applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Entitlement 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 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. The use can be accommodated by the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The use will complement the quality of neighboring existing and future uses by creating visually-pleasing development. All applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Project 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. 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. Approval of the Entitlement will not result in significant new traffic impacts. The condominium use does not involve modification to the circulation ACENDA ITEM NO. $ PACE /Y OF ~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE40F5 system or roadway layout as it exists under the original Specific Plan. The Homeowners Association (HOA) will be responsible for maintenance of the roadways. Surrounding roadways have been constructed in accordance with the Lakeshore Village Specific Plan and have sufficient capacity to service the proposed use. 5. The use complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The use is appropriate to the Site and surrounding developments in that the condominium units and buildings and recreational area have been designed with architectural and design features, treatments, and articulation which blend into the landscape and topography of the area. Further, the use will create a visually-pleasing community that will not detract from existing and future development in the area in terms of architectural design, color and materials. 6. Subject to the attached conditions of approval, the use is not anticipated to result in any significant adverse environmental impacts. The condominium use has been reviewed and conditioned by all applicable City departments. Those conditions of approval ensure that the use will not result in any significant adverse environmental impacts. 7. Conditions and safeguards pursuant to Chapters 17.74.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. After extensive review of the Entitlement it was determined that the conditions of approval imposed upon the use ensure that adjoining properties and residents will not be negatively impacted by the new residences. SECTION 4. Based upon all of the evidence considered, the above findings, and the conditions of approval imposed upon the Entitlement, the Planning Commission hereby approves Conditional Use Permit 2006-12. ACENDA ITEM NO. PACE I' 3 OF 2f3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 5 OF5 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development AGENDA 1l1:M NO. -.3 PACE~_OF__ff3 RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 34837 WHEREAS, Corman Leigh has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 34837, which subdivides 7.28 acres of land within the Lakeshore Village Specific Plan into one (1) lot for condominium purposes (the "Subdivision"); and WHEREAS, the Subdivision is located on the south side of Lakeshore Drive between Machado and Viscaya Streets (the "Site"); 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 the subdivision of land; 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. S S 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 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, Mitigated Negative Declaration No. 2003-03 evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, the Subdivision comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build-out under the specific plan; and ACENDA ITEM NO. 3 PACE~ -z-r OF ~3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 WHEREAS, public notice of the Subdivision 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 17, 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 Subdivision prior to making a decision to recommend that the City Council approve the application. The Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that the Subdivision does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Subdivision does not change density or intensities of use. The Subdivision was contemplated by the Specific Plan and the environmental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review for the Subdivision. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Tract Map No. 34837: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, and the State Subdivision Map Act. The Lakeshore Village Specific Plan designates the Site as Attached Residential (AR). Consistent with that designation, the Subdivision will accommodate a multi-family residential product with a density of up to 18 dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lakeshore Village Specific Plan, and Subdivision Map Act. ACENDA ITEM NO. 3 PAGE 2-"'- OF ~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE30F4 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Lakeshore Village Specific Plan. Tentative Tract Map No. 34837 is consistent with the AR designation and applicable development and design standards. 3. The effects this 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 Subdivision is consistent with the City's General Plan, Zoning Code, and the Lakeshore Village Specific Plan. The Subdivision 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 Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Subdivision, the Planning Commission hereby recommends that the City Council approve Tentative Tract Map 34837. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. 3 PACE "Z1J OF h PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. 3 PACE ZV OF ~3 RESOLUTION NO. 2007- 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 RESIDENTIAL DESIGN REVIEW NO. 2006-18 WHEREAS, Corman Leigh has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Lakeshore Village Townhome Condominium Community and ultimate development within Tentative Tract Map No. 34837 (the "Entitlement"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council with regard to Design Review requests for residential projects within the Lakeshore Village Specific Plan; 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 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines 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 project; and WHEREAS, Mitigated Negative Declaration evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, the Entitlement comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build-out under the specific plan; and WHEREAS, public notice of the Entitlement has been given, and the Planning Commission has considered evidence presented by the Community ACENDA \TEM NO. 3 PAcE_1J![.. OF ~ .- PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F4 Development Department and other interested parties at a public hearing held with respect to this item on April 17, 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 and building elevations for the Lakeshore Village Townhome Condominium Community prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds and determines that the Lakeshore Village Townhome Condominium Community design is consistent with design guidelines and development standards of the Lakeshore Village Specific Plan. SECTION 2. The Planning Commission finds and determines that the Entitlement does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Entitlement does not change density or intensities of use. The condominium use was contemplated by the Specific Plan and the environmental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review for the Entitlement. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Residential Design Review No. 2006-18: 1. The Entitlement complies with the Goals, Objectives and Policies of the General Plan and the Lakeshore Village Specific Plan, as approved. The Lakeshore Village Specific Plan designates the site as Attached Residential (AR). Tentative Tract Map No. 34837 and the Lakeshore Village Townhome Condominium Community will collectively lead to the construction of a multi-family condominium development that is consistent with Lakeshore Village Specific Plan. 2. This Entitlement complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. AGENDA ITEM NO. J PACE 'U OF ~~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE30F4 The design is appropriate to the site and surrounding developments in that it will result in the construction of multi-family attached units in accordance with appropriate development and design standards contained in Lakeshore Village Specific Plan. The design creates interest and varying vistas as a person moves along any street within the Lakeshore Village Townhome Community. The design also complements the quality of existing neighboring development and will continue to provide visually-pleasing design and architecture within the area. 3. 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 Entitlement to ensure development of the property in accordance with the General Plan, Municipal Code, and Lakeshore Village Specific Plan. The Planning Commission has considered the Entitlement and finds that with the attached conditions of approval, the design complies with the purposes and objectives of the General Plan, Municipal Code and Lakeshore Village Specific Plan. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the Entitlement, the Planning Commission hereby recommends that the City Council approve Design Review 2006-18 for the Lakeshore Village Townhome Community. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. ACENDA ITEM NO. PACE ?A :3 OF y:5 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE40F4 PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: A YES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. 3 PACE_~ . OF %3 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES GENERAL CONDITION 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 Conditional Use Permit No. 2006-12, Tentative Tract Map No. 34837, and Residential Design Review No. 2006-18, (Lakeshore Village Townhomes) project attached hereto. CONDITIONAL USE PERMIT NO 2006-12 2. Conditional Use Permit No. 2006-12 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 3. The Conditional Use Permit shall comply with the all applicable requirements of Title 17 of the Lake Elsinore Municipal Code unless modified by approved Conditions of Approval. 4. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 5. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7 :00 am in nearby residential areas. Planning Commission Approved April 17, 2007 ACENDA ITEM NO. 3 P.~CE U OF ~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 7. Security lighting shall be required. 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. TENTATIVE TRACT MAP NO. 34837 8. Tentative Tract Map No. 34837 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 9. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. IO.Prior to final certificate of occupancy of Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. II.Prior to the first certificate of occupancy, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall establish methods to address design improvements. 12.The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. Planning Commission Approved April 17, 2007 ACENDA ITEM NO. :5 PACE ~) OF ~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 13.No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 14.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 15.Membership in the Homeowner's Association shall be mandatory for each buyer and any successive buyer. I 6. Reciprocal covenants, conditions, and restnctlOns and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (I) Homeowner's Association with common area for the total development of the subject project. 17.In the event the Homeowner's Association or other legally responsible person(s) fails to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 18.Each unit owner shall have full access to commonly owned areas, facilities and utilities. Planning Commission Approved April 17, 2007 ACENDA ITEM NO. PACE ?J( 3 OF 83 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 19. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2003-03 prepared for the Lakeshore Village Specific Plan. 20. 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. RESIDENTIAL DESIGN REVIEW NO. 2006-18 21.Design Review approval for Residential Design Review No. 2006-18 will lapse and be void unless building permits are issued within one (I) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) 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 (1) month prior to the expiration date. 22.Conditions of Approval shall be reproduced on page one of 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. 23.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/City Council through subsequent action. 24.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. Any material covering the roof equipment shall match the primary wall color. PI3Ilning Commission Approved April 17, 2007 ACENDA ITEM NO. .3 PACE..::3:z.._0F &-3 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 25.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. 26.No exterior roof ladders shall be permitted. 27.Applicant shall use roofing materials with Class "A" fire rating. 28.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. 29.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 3D.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 31. On-site surface drainage shall not cross sidewalks. 32.Parking stalls shall be developed pursuant to the requirements of the Lakeshore Village Specific Plan. 33.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. PRIOR TO BUILDING/GRADING PERMITS 34. The applicant shall submit building elevations for the proposed Recreation Building. Said building elevations shall be reviewed and approved by the Community Development Director or designee prior to issuance of grading or building permits. Planning Commission Approved April 17, 2007 ACENDA ITEM NO. g PACE 1>:3 OF~_ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 35.Prior to issuance of grading 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 36.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. 37.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City'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 a forty percent (40%) City fee. a. All planting areas shall have permanent and automatic sprinkler system with lOO% 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 forty feet (40) 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 500/0 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. Planning Commission Approved April 17, 2007 AGENDA ITEM NO._ :3 P.-\CE ~'f OF ~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 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. 1. 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 shall be consistent with approved site plan. k. Final landscape plans shall include planting and irrigation details. 38.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 39.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 41.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 42.The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. Planning Commission Approved April 17, 2007 ACENDA lTEM NO. 3 , PACE-.3S- OF h CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES ENGINEERING 43.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 45.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. This letter shall be submitted to the City Engineering Division prior to final map approval. 46. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. 47.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 48. The applicant shall provide a traffic study for City review and approval. The Study shall evaluate traffic impacts to the transportation system and recommend improvements to maintain City minimum levels of service. Recommendations of the approved traffic study shall become required conditions on the project. 49.The applicant shall construct signal improvements at the main entrance onto Lakeshore Drive. The signal improvements shall be operational prior to issuance of first certificate of occupancy. 50. The applicant shall modify intersection striping at the entrance to the project and Lakeshore Drive by including a northbound left-turn pocket from Lakeshore Drive into the project. Planning Commission Approved April 17, 2007 AGErWA lTi:M NO. .~ PACE U ,OF >r3 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 51. The applicant shall dedicate full half width right of way such that the frontage along Lakeshore Drive measures 60-feet from the road centerline to the project property line. 52. The applicant shall construct full half width street improvements along the project frontage. The improvements shall measure 48- feet minimum as measured from the centerline of the street to the curb face adjacent to the project frontage. 53.The applicant shall construct a roadway taper at both ends of the project frontage. The taper shall have a minimum transition rate of 10: 1 and shall extend from the proposed improvement north and south to the corresponding existing edge of pavement. 54.All drive aisle clear widths shall comply with Fire Department requirements. 55.The applicant shall align the main entrance with the centerline alignment of Gunnerson Street 56.Sight distance on all on-site and main entrance streets shall conform to CAL TRANS requirements for sight distance. 57. The applicant shall provide a turn-around opening in the median of the main entry gate for errant traffic. 58. The applicant shall provide a reciprocal access easement for the secondary emergency access located at the west end of the project. 59. The applicant shall pay all fees and shall satisfy the requirements of the encroachment permit issued by the Engineering Division for construction of public works improvements within the existing street right-of-way (LEMC 12.08 and Resolution 83-78). 60.All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 ~" x 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Planning Commission Approved April!7,2007 AGENDA ITEM NO. I .3 PAGE.-a7 OF ~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 61. The applicant shall install permanent bench marks in accordance with Riverside County Standards. 62.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to building permit issuance. 63.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. 64.The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 65. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 66. Street lights constructed along Lakeshore Drive shall be 22,000, HPSV. 67.The applicant shall annex into the City's Street Lighting and landscaping Maintenance District. 68. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 69. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 70.All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or the applicant shall to pay $300 per sheet for City digitizing. Planning Commission Approved April 17, 2007 AGENDA ITEM NO. .3 PACE ~LC'~ OF 5J-3 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 71.All utilities, except electrical over 12 KV, shall be placed underground, as approved by the serving utility. 72. 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 California 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. 73.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted and approved. 75.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. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 3D-vertical feet. 76.Prior to commencement of large scale grading operations, applicant shall provide to the City 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. 77.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 78.0n-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. Planning Commission Approved April 17, 2007 AGENDA ITEM NO.~ .. PAGE .:J'i ~OF~__ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 79.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 80. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of the site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. 81.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 82.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 83.Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet oflandscaped area. 84.10-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 are exceeded, drainage facilities shall be installed. 85.Prior to outletting proposed stormwater run-off across adjacent and/or downstream property owners, the applicant shall secure a drainage acceptance letter from the adjacent and/or downstream property owner(s). A copy of this letter shall be provided to the City Engineering department. 86. The applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87.Applicant shall provide the City with proof of filing 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. The applicant shall provide a Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Planning Commission Approved April 17, 2007 AGENDA ITEM NO._ g PACE_* _ _OF r~ CONDITIONS OF APPROV AL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES Quality Management Plan (WQMP) detailing the permanent clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 88.Education guidelines and Best Management Practices (BMP) related to the use of herbicides, pesticides, fertilizers, and any other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality shall be provided to residents of the development. All materials distributed shall comply with the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89.Intersecting streets on the inside radius of a curve shall be prohibited, except when adequate sight distance is verified by a registered civil engineer. 90.Applicant shall establish a homeowner's association with CC&R's for maintenance of the open space, private roads and proposed drainage/debris basins. 91.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. COMMUNITY SERVICES DEPARTMENT 92.Applicant shall pay applicable park fees unless documentation IS provided otherwise. 93.No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 94. The City landscape architect shall review and approve all landscaping plans. 95.The Homeowner's Association shall maintain all block walls and keep them free of graffiti. Planning Commission Approved April 17, 2007 ACENDA'iEM NO. '3 PACE..3::LOF ~_. CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 96.All interior roads, street signs, street markings, sidewalks, and enhanced concrete shall be maintained by the Homeowner's Association. 97.Any water quality basin outlet shall satisfy all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 98.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos 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. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. 99.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson@harris-assoc.com. 100. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall 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 and neighborhood parks 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. Applicant shall make a four thousand seven hundred dollar ($4,700) non- refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris- assoc.com. Planning Commission Approved Apml!,2007 AGENDA ITEM NO. .2 PACe Cj Z. ~ OF _~'3 CONDITIONS OF APPROV AL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 101. 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 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. RIVERSIDE COUNTY FIRE DEPARTMENT 102. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 103. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. 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ACENDA ITEM NO. 3 PAGE ~ OF e3 ~ )! @ 1 I J l! ~!l ~lj ! !~~ d!f, :;;l~~ II. !.Idi~dl' ~J~HqHn"q,]d ~ ~n~lu]nJ!LdH~ ~888G88888@@@@@@@@@ H~ (.::) :!; ::: c;)(~)(:::) (2 ~ ~j1!!1 ~ ;:il Cl:~j >.;0. ~~:;i. x:;:;I: (y ~ ~ tIl .....:i III P-. r<l ~ ...... 0 ...... ~ :I:<: P-. z.... >< Z E-< ~p:: c:? 00 Z 1-;l1. ...... .... z CI ...l .....:i 11l<: <C ...... Z Z ~ ;:J ou 0 E=: 0 IZl a:i ~ <( . <C <C E-< IZl III > > ~ Z ....lp:: ~ <C .....:i ~ 0 ....lo ~ .....:i p:: ...... E-< ~ U E-< p:: ......z Z <C <C >.... 0 ~ > p:: Vl ~ ~ .....:i 11l...l ~ III .....:i ~ <C 0111 ;:J ~ E-< :I:<: P-. tIl...l ~ III u Z ~ 0 <( u ....l S~:,' ,,1".6 ,,(".6 .. "L".9Z ACENOA ITEM NO. .J F'ACE 57 OF 5:~ ~ i i @r ~ l l~ ....l1.. lJJ t t , ~.!tt "'~~ ;,i i :i~ ~i:J. :;l"f.~~' .~~~~ll~~!~ ~ 1 ~ ! ! 6 i ~ 1 ! 1 ~ ~ ! . ~ 1 ~ ~ ~~iii!!i.i.!li.I.-;; ~ ~ u . , . u . I . I ~ ! . a ! I l . ~888e888e8@@@@@@@@@ \0 o::~;1 ~ ~):ill ffi ~:il >~;:n t9;.:! ~;:m ~'" v (~ :><: "'-l [/J ....l ~ A.. M ~ >-< 0 >-< "'-l :I: <( A.. 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'H"lli N^ 3 (Ii; vA lu:;m u. _.___ ~GE.6:~- -,,-OF _c&-3_ TO: CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 17, 2007 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 APPLICANT: GEORGIA HAMILTON, CORMAN LEIGH COMMUNITIES, 32823 HIGHWAY 79 SOUTH, TEMECULA, CALIFORNIA 92592 OWNER: LAKE 18, LLC, CORMAN LEIGH COMMUNITIES 32823 HIGHWAY 79 SOUTH, TEMECULA, CALIFORNIA 92592 PROJECT REQUEST The applicant is requesting approval of a Conditional Use Permit to allow for the conversion of existing apartments to condominiums. Condominium conversions are subject to the issuance of a Conditional Use Permit pursuant to Chapter 17.30 (Condominiums and Condominium Conversions), Chapter 17.74 (Conditional Use Permits) and all other applicable chapters of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site consists of twenty-two (22) lots located on Woodcrest Drive and two (2) lots located on Parkview Place. The nearest main cross street is Machado Street (APN's 379-340-027 thru 038 and 379-341-009 thru 014). AGENDA'TEM NO.___/ PAtE j OF_~- REPORT TO PLANNING COMMISSION APRIL 17, 2007 PAGE20F6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 FOR A CONDOMINUM CONVERSION ENVIRONMENTAL SETTING Project Site Multi-family R-2, Medium Density Medium High Density Residential Residential North Mobile Home MC, Mobile Home Medium High Density Community & Community & Future Specific Plan Multi-family 'J' Residential South Multi-family R-2, Medium Density Medium High Density Residential Residential East Multi- family R-3, High Density Medium High Density Residential Residential West Multi-family R-2, Medium Density Medium High Density Residential Residential BACKGROUND The project was continued from the April 3, 2007 Planning Commission meeting. The existing apartment unit development was approved by the City Council on January 3, 2003 (Residential Design Review No. 2003-01). The units were subsequently constructed in 2004 and according to the Building and Safety Division, the units comply with current building codes, making conversion to condominium units relatively straightforward. Staffs initial review of the project questioned the validity of a Condominium Map known as Tract No. 16452 dated March 1980, that was part of the submittal package. Staff and the City Attorney reviewed the documents presented by the applicant and concluded that Tract No. 16452 for Condominium Purposes would be acceptable and no further mapping would be required. A copy of Tract Map No. 16452 is included in the Staff Report. AGENDA ITEM ~ PAGE~OF ~ REPORT TO PLANNING COMMISSION APRIL 17, 2007 PAGE30F6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 FOR A CONDOMINUM CONVERSION PROJECT DESCRIPTION The proposal is to convert an existing apartment complex, known as Parkview Townhomes, into condominiums. The proposed condominiums will be located on twenty-four (24) lots. Each lot consists of three (3) units for a total of seventy-two (72) units. Each unit is provided with both a private open space area and a common open space area. The units include three and four bedrooms with up to three (3) bathrooms, varying in size from 1,444 square feet to 1,635 square feet. All of the units include an attached two (2) car garage. The maximum building coverage of anyone (1) lot is thirty-two percent (32%). The complex is currently landscaped and well maintained by the current property management company. In order to bring the project into better conformance with a condominium development, Staff has required that the applicant remove and replace all perimeter fencing that does not match the existing decorative block wall with a matching decorative block wall prior to the issuance of the first occupancy approval. Picnic tables and benches will also be provided for each lot. Finally, as required by the LEMC, the applicant is required to provide the following documents to the City of Lake Elsinore prior to any units being sold as condominiums: 1. Written proof that the applicant has complied with the requirements of all applicable California statutes regarding the rights of the existing tenants. 2. A detailed Property Report. 3. A "structural pest" report. 4. A copy of the recorded Covenants, Conditions and Restrictions (CC & R's), which shall identifies a newly established Homeowner's Association have been reviewed and approved by our City Attorney. *Note: The City Attorney's office has reviewed and approved the CC & R's. AGENDA ITEM 1 p AGE ~ OF J2I.O REPORT TO PLANNING COMMISSION APRIL 17, 2007 PAGE 4 OF 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 FOR A CONDOMINUM CONVERSION The applicant will also be required to obtain a building inspection for each ofthe units prior to receiving a Certificate of Occupancy. CONDITIONAL USE PERMIT The applicant shall comply with all provisions of Chapter 17.30, (Condominiums and Condominium Conversions) of the Lake Elsinore Municipal Code. This Chapter directs the applicant to meet all the requirements of the Department of Real Estate including the preparation of a "Property Report" by a registered civil or structural engineer. Said Report shall then be submitted to the Department of Real Estate for the State of California for review and approval. Once the Property Report has been accepted, copies shall be provided to the Planning Division. In conclusion, pursuant to LEMC guidelines, the Planning Commission is empowered to grant or deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of Conditional Use Permits. ANALYSIS Staff found that the conversion of the existing apartment complex to condominiums meets all ofthe Design Review requirements ofthe Lake Elsinore Municipal Code. A Master Declaration of Covenants, Conditions and Restrictions (CC&R' s) for the proposed Condominium Conversion has been submitted to Staff for review and approval by the City Attorney. Additionally, the project has been conditioned to both record the CC & R's and establish a Homeowner's Association (HOA) prior to obtaining the first Certificate of Occupancy. The HOA will be empowered to administer and enforce the various requirements of the CC&R's. Furthermore, the project has been conditioned to meet all State requirements including submitting a Property Report to the State Department of Real Estate. The applicant is also required to provide a copy of the approved Property Report to the City. Staff has determined that the application for the Conditional Use Permit for a condominium conversion is consistent with the findings and requirements set forth in AGENDA ITEM I PAGE!L OF -JIJ REPORT TO PLANNING COMMISSION APRIL 17, 2007 PAGE 5 OF 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 FOR A CONDOMINUM CONVERSION Chapter 17.30 (Condominiums and Condominium Conversions) and Chapter 17.74 (Conditional Use Permits) of the LEMC. ENVIRONMENTAL DETERMINATION The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities. The project is not located within a criteria cell as defined in the jurisdiction ofthe Multiple Species Habitat Conservation Plan (MSHCP). Furthermore, pursuant to Section IV(E) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: "[a]ny action by the City of Lake Elsinore that is. . . exempt pursuant to the provisions of CEQA or the CEQA Guidelines" and projects that involve "[ e ]xisting improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion" are expressly exempt from the provisions of Ordinance No. 1124 (Section 10 (D). RECOMMENDATION It is recommended that the Planning Commission approve Resolution No. 2007-_ adopting Findings that the Conditional Use Permit No. 2005-19 is exempt from the MSHCP; and Resolution No. 2007-_ approving Conditional Use Permit No. 2005- 19 for a condominium conversion of an existing apartment complex located on Woodridge Drive and Parkview Place (APN's 379-340-027 thru 038 and 379-341-009 thru 014). Approval is based on the Findings, Exhibits, and Conditions of Approval. PREPARED BY: CONSULTANT LINDA M. MILLER, AICP, PLANNING APPROVED BY: ~ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT AGENDA ITEM 4 PAGE~OF ~o REPORT TO PLANNING COMMISSION APRIL 17, 2007 PAGE60F6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-19 FOR A CONDOMINUM CONVERSION ATTACHMENTS: 1. Vicinity Map 2. Resolutions: a. Resolution No. 2007-_ making findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). b. Resolution No. 2007-_ approving Conditional Use Permit No. 2005- 19 for a Condominium Conversion. 3. Conditions of Approval 4. Reduced Exhibits 5. Full Size Exhibits AGENDA ITEM 1 PAGEkOF ~6 VICINITY MAP CONDITIONAL USE PERMIT NO. 2005-19 CONDOMINIUM CONVERSION PLANNING COMMISSION ACENDA ITEM NO. PACE 1 4 OF cP.o RESOLUTION NO. 2007-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT CONDITIONAL USE PERMIT NO. 2007-05 IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Georgia Hamilton of Corman Leigh Communities has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2005-19, for a condominium conversion of an existing apartment complex of a total of seventy-two (72) lots located on Woodcrest Drive and Parkview Place (APN 379-340-027 thru 038 and 379-341-009 thru 014) (the "Project"); and WHEREAS, Section IV(E) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: "[a]ny action by the City of Lake Elsinore that is . . . exempt pursuant to the provisions of CEQA or the CEQA Guidelines"; and WHEREAS, projects that involve "[ e ]xisting improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion" are expressly exempt from the provisions of Ordinance No. 1124 (Section 10 (D)); and WHEREAS, the Project came before the Planning Commission at a duly noticed public hearing on April 3, 2007, at which time consideration of the Project was continued to April 17, 2007; and WHEREAS, the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to the Project on April 17, 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 application pursuant to the terms of the MSHCP, the City's MSHCP Implementing Resolution and the City's MSHCP Ordinance prior to making a decision to recommend that the City Council to approve findings that the Project is exempt from the MSHCP. ACENDA ITEM NO. I PACE 3' Of ~O PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 4 SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings regarding the MSHCP: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project is exempt from the City's MSHCP Resolution because the Project involves conversion of an existing apartment building into a condominium complex. Pursuant to CEQA Guidelines Section 15302, the Project is exempt from CEQA and the CEQA Guidelines because the conversion consists of replacing and reconstructing an existing apartment structure and the appurtenances with a new structure that will be located on the same site and will have substantially the same purpose, high density residential use. Moreover, because the Project involves conversion of an existing permitted use (the apartment complex) into a different permitted use (a condominium complex) and the condominium use will not disturb any additional area of the property, the Project is exempt from the terms of Ordinance 1124. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. See Response #1 above. 3. The Project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. See Response #1 above. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. See Response #1 above. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. See Response #1 above. 6. The Project is consistent with the Vegetation Mapping requirements. See Response #1 above. ACENDA ITEM NO. PACE 9 I OF tll..O PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE30F4 7. The Project is consistent with the Additional Survey Needs and Procedures. See Response #1 above. 8. The Project is consistent with the Fuels Management Guidelines. See Response #1 above. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Developer is exempt from payment of the City's MSHCP Local Development Mitigation Fee pursuant to Section 10 of Ordinance 1124. 10. The Project is consistent with the MSHCP. See Response #1 above. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council find that the Project is exempt from the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1 ih day of April, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission AGENDA ITEM NO. PACE It) I OF ~O PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 4 ATTEST: Rolfe M. Preisendanz Director of Community Development ACENOA liEM NO. 1 PAGe II OF ~O ~ RESOLUTION NO. 2007-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-19 WHEREAS, Georgia Hamilton of Corman Leigh Communities filed an application requesting approval of Conditional Use Permit No. 2005-19, for a condominium conversion of an existing apartment complex of totally seventy-two (72) lots located on Woodcrest Drive and Parkview Place (APN 379-340-027 thru 038 and 379-341-009 thru 014) (the "Project"); and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; 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 conditional use permits; and WHEREAS, the Project came before the Planning Commission at a duly noticed public hearing on April 3, 2007, at which time consideration of the Project was continued to April 17, 2007; and WHEREAS, the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to the Project on April 17, 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 Conditional Use Permit No. 2005-19 prior to approval and finds that the requirements of Chapters 17.30 & 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code SS 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations SS 15000 et seq.: "CEQA Guidelines") pursuant to a Class 2 categorical exemption for the AGENDA ITEM NO. / PAGE /~ OF:<<; PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE20F4 replacement or reconstruction of existing structures and facilities because the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced (14 CCR 9 15302). 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 approval of CUP 2005-19: 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. Issuance of this Conditional Use Permit will provide first time homeownership opportunities. Furthermore, the proposed land use conforms to 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. 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 have been applied requiring that all State and City requirements of the proposed condominium conversions as well as all future operational requirements be met 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 Title 17 of the Lake Elsinore Municipal Code. 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. ACENDA ITEM NO. PACE /3 I OF JO PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE30F4 This is an existing multi-family development that has met all of Lake Elsinore Municipal Code requirements including but not limited to architectural design requirements, setbacks, landscaping, parking, and street improvements. However, Staff has conditioned the project to add a picnic bench and two additional benches to each lot. The developer is also required to remove and replace the existing perimeter fencing and replace it with decorative block wall and pilaster with decorative caps at each corner lot line thus creating an identifying boundary for the new condominium project. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof 4. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code 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 Lake Elsinore Municipal Code Section 17.74.050, the proposed condominium conversion has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on April 17, 2007. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2005-19. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO. 1 PAGE If OF ef<(') PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 ATTEST: Rolfe Preisendanz Director of Community Development ACENDA ITEM NO. 4 PAGE 15 OF 4<0 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2005-19 LOCATED ON WOODCREST DRIVE AND P ARKVIEW PLACE PLANNING DIVISION 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 Conditional Use Permit project attached hereto. 2. 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 at (951) 674-3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to obtaining a Certificate of Compliance, 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. 5. The Applicant shall comply with all requirements of the City's Grading Ordinance. All construction generating 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. 6. 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 lof 5 ACENOA lTEM NO. I PACE /6 OF ~ 7. The proposed location of any onsite construction trailers shall be approved by the Director of Community Development or Designee. 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. 8. The applicant shall comply with all applicable City codes and ordinances. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. 10.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. Prior to Obtain Certificate of Occupancv 11. The applicant shall remove and replace all perimeter fencing that does not match the existing decorative block wall with matching decorative block wall prior to the first occupancy. 12.The applicant shall provide two picnic tables and two benches as indicated on the Site Plan. 13. The applicant shall comply with the requirements of all applicable California statutes regarding the rights of the existing tenants. 14. The applicant shall provide evidence that a Property Report has been processed through the Department of Real Estate. 15. The applicant shall obtain an inspection from the Building and Safety Division prior to obtain the first Certificate of Occupancy. 16.A structural pest report shall be submitted, reviewed and approved by the Building and Safety Division prior to obtaining a Certificate of Occupancy. 17.All site improvements approved with this request shall be constructed as indicated on the approved site plan. Any revisions to approved site plans shall be subject to the review of the Director of Community Development. Page 20f 5 ACENDA ITEM NO._'; (J- PAGE /1 OF /I.. 18.A Homeowners Association shall be in place prior to the issuance of the first Certificate of Occupancy. 19.A list of all HOA responsibilities along with an exhibit[ s] clearly indicating the areas of responsibility shall be submitted for review and approval to the Planning Division prior to the issuance of the first Certificate of Occupancy. ENGINEERING DIVISION 20.Developer shall be subject to all current development fees related to condominium development. Any unused fees or deposits previously made pursuant to the original subdivision pertaining to this property shall be credited pro rata towards any current requirements for the same purposes which are applicable at the time of the re-subdivision. 21. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer or provide proof that they have been installed previously. All monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before recordation of tract map 22.All tract maps shall be digitized. Prior to the issuance of the first Certificate of Occupancy the applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 23.Prior to the issuance of the first Certificate of Occupancy, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference as the Post-Construction Management Plan. Conditions. Covenants and Regulations: 24.Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. Page 30f 5 AGENDA \TEM NO. l' PACE / g OF "to 25.Applicant shall cause to be recorded CC&R's prior to the issuance of the first Certificate of Occupancy which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots 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, and maintenance or replacement of BMP facilities for post construction runoffs. COMMUNITY SERVICES DEPARTMENT 26. The developer will be required to pay park fees of $1 ,600 per unit. 27. The developer will be required to participate in the "Public Facility" fee program. 28. The developer is to comply with all NPDES storm water requirements. 29. The developer is to maintain all exterior walls and landscaping. 30.All interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits. 31.HOA to maintain all park and common landscape areas. 32.HOA to maintain all park and common landscape areas. 33.HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control devise. 34.HOA to maintain all exterior walls and landscaping. 35.Developer to comply with all City Ordinances regarding construction debris removal and recycle as per Section 8.32 of the Lake Elsinore Municipal Code. 36.Developer to meet City curb, gutter and sidewalk requirements. 37.City's Landscape Architect to review all landscape and/or irrigation plans. Page 40f 5 ACENDA ITEM NO. PAGE JCf 1 OF~tJ ADMINISTRATIVE DIVISION 38.The developer shall make fifteen percent (15%) of the converted condominium units affordable to people with very low to moderate incomes for a period of at least 45 years. The agency will discuss the details of this requirement with the applicant upon approval of the CUP. End of Conditions ACENDA ITEM NO. I PACE,/l() OF ~O Page 50f 5 CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 17,2007 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-11 APPLICANT: GEORGIA HAMILTON, CORMAN LEIGH COMMUNITIES, 32823 HIGHWAY 79 SOUTH, TEMECULA, CALIFORNIA 92592 OWNER: LAKE CHIV AL LLC, CORMAN LEIGH COMMUNITIES, 32823 HIGHWAY 79 SOUTH, TEMECULA, CALIFORNIA 92592 PROJECT REQUEST: Review and approval of Residential Design Review No. 2006-11 for eighty-one (81) single family detached residential dwelling units on a previously approved eighty-three (83). Two lots have existing single family residences. Four (4) lots will be used for a Model Home Complex. Review is pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-1, Single-Family Residential District) and all other applicable Chapters of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located northwest of Machado Street, northeast of Zieglinde Drive, southeast of Terra Cotta Road and southwest of Broadway Street (APN's 379-150-001, 002, 041-044). .5 ACENt)~ ~ "'0._ 'I!tJ ~OF_ REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 2 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-11 ENVIRONMENTAL SETTING Project Site Vacant/Single Rl, Single Family Low Medium Residence Residential Densit Northwest Single Family Residence Rl, Single Family Low Medium Residential Densit Northeast Single Family Rl, Single Family Low Medium ResidenceN acant Residential; RE, Density; Low Residential Estate Densit Southwest Single Family Residence RE, Residential Low Density Estate Southeast Church/Single R2, Medium Medium High FamilyN acant Density Density Residential PROJECT BACKGROUND The underlying subdivision map of this development is known as Tentative Tract Map No. 33486. Tentative Tract Map No. 33486 was approved by the City Council on February 28, 2006. Lots range in size from 7,094 square feet to 12,944 square feet with an average lot size of 8,574 square feet. Mitigated Negative Declaration No. 2005-05 was adopted by the City Council. PROJECT DESCRIPTION The proposed Design Review consists of the following: 1) Plotting Plan; 2) Elevations and Floor Plans; 3) Model Home Complex; and 4) Typical and Model Home Complex Landscape Plans. The applicant is proposing to use three (3) different floor plans. Each floor plan includes three (3) elevations. "Plan One" and "Plan Two" are single story units, while "Plan Three" is a two story unit. The following is a description of each Plan type: Plan One is a 2,112 square foot single story unit that includes a kitchen, nook, family room, dining room, four (4) bedrooms and two and one half AGENDA'TEM NO. .5' PAOE~ OF J/ t:, REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 3 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-11 bathrooms. The three car garage includes a tandem space that can be converted to an additional bedroom. Plan Two is a 2,564 square foot single story unit that includes a kitchen, nook, living room, family room, dining room, four (4) bedrooms, two and one half bathrooms, with options that include a fifth bedroom and third bathroom. Plan Three is a two story, 3,086 square foot plan that includes options that create up to 3,309 square feet of livable space that includes a living room dining room, family room kitchen, nook, office (2nd office option) four (4) bedrooms, and three and one-half bathrooms with additional bedroom and bathroom options. Architecture~ Materials and Colors Each Plan includes three (3) elevation types. The three (3) types include Spanish, Tuscany, and French: The Spanish architecture, includes decorative window shutters, clay pipe detail, arched entry with decorative foam trim, stucco wainscot, and'S' type tile roof. The French design includes masonry trim, decorative shutters, French style arches, and concrete tile roof. The Tuscany design includes stone veneer, heavy arched block, shutters and pot shelf and concrete tile roof. Additional shutters are offered as enhanced features for all three (3) plans where elevations are within public view. Nine (9) color schemes will be provided including nine (9) different roofing tile colors. Wall and Fencin!! The applicant proposes to construct decorative masonry walls around the boundary of the site. Decorative masonry walls are also required at all fence returns. The City standard six foot (6') wood fence will be required between property lines. The applicant has contacted adjacent property owners and will be replacing worn fencing with new decorative masonry walls. AGENDA ITEM NO. ~ PACE ~ OF 1t, REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 4 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-11 Model Complex The applicant is proposing to construct a Model Home Complex at the comer of Machado Street and Woodcrest Drive. Four (4) lots will be used for the complex. Plans One, Two and Three will be constructed on three (3) lots. The fourth lot will be used for the parking lot. The parking lot will include seven (7) parking spaces including one (1) handicap space. The Model Home Complex will be fully landscaped with hardscape, trees and scrubs. ANAL YSIS Staff recommends approval of the Residential Design Review application based on the following: The project site is located in an area that is surrounded by single family development. This type of development is known as an "in-fill" development. The products proposed will meet and/or exceed the existing product types that surround the development. The current zoning of the property is R-l, Single Family Residential District, allowing for up to 6 dwelling units per acre. The applicant is proposing a density of 3.8 dwelling units per acre, which is below the allowable density. The project proposes three (3) floor plans with three (3) different elevations with both single story plans and two story plans providing for a good diversity of choices for the home buyer. Staff is requiring that all front returns consist of a decorative block. Wood fencing will not be allowed along the front. All windows will be provided with decorative window treatments. Windows that are seen from the public view will be provided with additional enhanced features. ENVIRONMENTAL DETERMINATION Mitigated Negative Declaration (MND) No. 2005-05 was prepared for the underlining subdivision Tentative Tract Map (TTM) No. 33486 pursuant to Article 6, Negative Declaration Process, Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA) and adopted by City Council on February 28, 2006. Staff found that the project does not present substantial changes or new information regarding the AGENDA ITEM NO. PAGE 4 ~ OF 1ft, REPORT TO PLANNING COMMISSION APRIL 17, 2007 Page 5 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-11 potential environmental impacts of development and it is found that no further environmental review would be required. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007 _making findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP), and Resolution No. 2007- _ approving Residential Design Review No. 2006-11. The recommendation is based on the findings, exhibits, and conditions of approval attached. PREPARED BY: LINDA M. MILLER, PLANNING CONSULTANT APPROVED BY: /YYYYr- -/ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. Vicinity Map 2. Resolution No. 2007- _ making findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) 3. Resolution No. 2007- _ approving Residential Design Review No. 2006- 11. 4. Conditions of Approval 5. Exhibits - Reductions a. Preliminary Site/Plotting Plan b. Preliminary Grading Plan c. Typical Landscaping and Model Complex Plan d. Building Elevations and Floor Plans e. Preliminary Color Scheme 6. Full Size Exhibits AGENDA ITEM NO. PACE .s 5' OF 46 ~ (q"c. 7~~ ~ COMMISSION PLANNING c; AGENDA ITEM NO. OF I/~ PAGE (i> RESOLUTION NO. 2007-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Georgia Hamilton of Corman Leigh Communities has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2006-11 for eighty-one (81) single family detached residential units and a Model Home Complex known as Makenna Court (the "Project"); and WHEREAS, the Project Site is bounded by Machado Street on the southeast, Terra Cotta Road on the northwest, with Zieglinde Drive to the southwest and Broadway Street to the northeast (APN 379-150-002 &002, and 041 thru 044) (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; 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 April 17, 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 Project and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: ACENDA ITEM NO...5 =- PACE 1 OF 1~ PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE20F5 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Because the Project Site is not located within an MSHCP Criteria Cell, the Project is required to be reviewed for consistency with the following MSHCP "Plan Wide Requirements": Section 6.1.2 Protection of Riparian/Riverine Areas and Vernal Pools, Section 6.1.3 Protection of Narrow Endemic Plant Species, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Vegetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the RiparianlRiverine Areas and Vemal Pools Guidelines. Pursuant to Mitigated Negative Declaration No. 2005-05 for the underlying Tentative Tract Map No. 33486, "the Project Site is not located within any sensitive natural community identified in local or regional plans and will not affect any riparian habitat or other sensitive natural communities. Additionally, the Project is considered to be an "in-jill" development with urban uses surrounding the site, making the likelihood of the Project Site being biologically significant unlikely." There are no Vernal Pools on the Project Site. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP 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 set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. S AGENDA \TElA NO.~ PAceJ_Of PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE30F5 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing urban uses (single family residential development). Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. Pursuant to the findings of Mitigated Negative Declaration No. 2005-05, "the Project Site is not located within an area requiring surveys for burrowing owl, sensitive amphibian species, sensitive mammal species, narrow endemic plant species, or any other sensitive species covered under the MSHCP. Additionally, the proposed Project Site does not contain any special interest species that are not covered under the MSHCP that would be expected to pose a constraint to the development of the proposed project site. " However, because suitable habitat for the burrowing owl, raptors and other birds were present, the following mitigation measures were conditions prior to site grading: 1) Prior to site grading, a presence/absence focused survey for the burrowing owl following MSHCP survey guidelines shall be conducted on the project site by a qualified biologist. If site clearing and grading activities occur within the nesting period (March 15 through September 15), a certified biologist shall conduct a nesting bird survey prior to any ground-disturbing activities. All site clearing and grading shall conform to applicable provisions of the Migratory Bird Treaty Act; 2) Prior to the issuance of grading permits, the project applicant shall pay all applicable MSHCP and Stephens' Kangaroo Rat HCP mitigation fees. AOENDA JTEM NO. .. < PACE 9 OF If~ "': PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE40F5 These conditions adequately account for any potential suitable habitat for burrowing owl on that may exist on-site. Therefore, the Project is consistent with this section of the MSHCP, and no further actions above the pre- grading/pre-construction surveys are required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by urban development, specifically single family residential development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer 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 actions related to the MSHCP are required. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council find that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of April, 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: AGENDA ITEM "0._ ..5:. PACE_II) OF 4t, - PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 5 OF 5 Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. S PACE II -0 - - _F_4t. RESOLUTION NO. 2007-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-11 AND CORRESPONDING MODEL HOME COMPLEX FOR THE DEVELOPMENT KNOWN AS MAKENNA COURT WHEREAS, Georgia Hamilton of Corman Leigh Communities has filed an application with the City of Lake Elsinore requesting Design Review approval for an eighty-one (81) lot single family residential development and three (3) plan Model Home Complex known as Makenna Court within Tentative Tract Map No. 33486 (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 regarding Design Review requests for residential projects; 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.), 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, Article 6, Section 15070 establishes the standard to be used when determining whether 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, on February 28, 2006, the City Council reviewed and approved Mitigated Negative Declaration No. 2005-05 for the underlining subdivision Tentative Tract Map (TTM) No. 33486 pursuant to CEQA Guidelines Section 15070; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development and it is found that no further environmental review would be required; and AGENDA HEM NO,_ 5 - PACE_ /~ OF d t, - PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE20F4 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 April 17, 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 eighty-one (81) single family residential development and three-plan Model Home Complex known as Makenna Court and has found them acceptable. The Planning Commission finds and determines that the Project is consistent with the requirements of the Lake Elsinore Municipal Code (LEMC). SECTION 2. The Planning Commission finds and determines that the Design Review application does not present any new information, circumstances, or changes to the project that was analyzed under Mitigated Negative Declaration No. 2005-05. The Design Review does not change density or intensities of use. It simply establishes standards for color palates, articulation, orientation, and design. Therefore, it is not necessary to conduct any further environmental review for the Project. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Residential Design Review No. 2006-11: 1. The Project complies with the Goals, Objectives and Policies of the General Plan, as approved. The General Plan designates the Project Site as Low Medium Density, allowing up to six (6) dwelling units per acre. Tentative Tract Map No. 33486, the proposed model home complex, and production units will collectively lead to the construction of a single family residential development that is consistent with the General Plan. 2. This Project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. ACENDA ITEM NO. .5" PACE /3 OF ~ (p PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE30F4 The Project is appropriate to the site and surrounding developments in that it will result in the construction of single-family detached units in accordance with appropriate development and design standards contained in Lake Elsinore Municipal Code. The Project creates interest and varying vistas as a person moves along any street within the subdivision. The Project also complements the quality of existing neighboring development and will continue to provide visually-pleasing design and architecture within the area surrounding the Project. 3. 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, and Municipal Code. The Planning Commission has considered the project and finds that with the attached conditions of approval, the Project complies with the purposes and objectives of the General Plan and Municipal Code. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council approve Residential Design Review 2006-11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of April, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ACENDA ITEM NO. PACE /4 5' OF 1- (,. PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 4 OF 4 ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission ACENDA ITEM NO. f PACE 15 OF 4-" CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT GENERAL 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 Residential Design Review projects attached hereto. PLANNING DIVISION 2. Design Review approval for Residential Design Review No. 2006-11 will lapse and be void unless a building permit is issued within one (1) year of the Planning Commission approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 3. 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 Clerk's Office pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 4. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 5. All site improvements shall be constructed as indicated on the approved building elevations and site plans for the Residential Design Review and the Model Home Complex. 6. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 33486 and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. Page 1 of 14 ACENOA ITEM NO. 5 PACE lIP OF I/{, CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 7. The following standard architectural articulation and treatments shall be provided: . Any masonry provided at the front elevation will continue to wrap around the side elevations, to the front wall return. . All front returns will be decorative masonry walls. Wood fences will not be allowed along the front elevation. . Foam surrounds will be provided around all windows as shown on the elevations. Additional articulation and treatment will be provided around windows within public view. . Provision of nine (9) different color schemes. 8. Prior to first Certificate of Occupancy, the applicant shall prepare for City approval an exhibit that shows which side and rear elevations will be provided with architectural enhancements. 9. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 10.The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 11. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 12.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 techniques. Interim Page 2 of 14 AGENDA ITEM NO. S PAGE /7 OF 4/P , CONDITIONS OF APPROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 13. The applicant shall comply with all applicable City Codes and Ordinances. 14.Prior to issuance of building permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom. l5.A cash bond of$l,OOO.OO shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 16.A cash bond of$l,OOO.OO shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 17.A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 18. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 19.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 20.The design and construction of the project shall meet all County Fire Department standards for fire protection. Page 3 of 14 ACENDA ITEM NO. PACE / S 5 OF 'It, CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 21.All mechanical and electrical equipment for the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 22.All front yards and side yards on comer lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. . The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. . Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. . 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. . All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. . All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. . One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Page 4 of 14 ACENDA'TEM NO. .5" PACE /'l - OF 41,. CONDITIONS OF APPROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT . The Final landscape plan shall be consistent with any approved site and/or plot plan. . The Final landscape plan shall include planting and irrigation details. 23.All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 24.The applicant shall prepare a Wall and Fencing Plan for the area comprising of the project area, in compliance with the fencing standards within the Zoning Code Section 17.14.130.D prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. 25.Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 26.Garages shall be constructed to provide a minimum of 10' x 20' of interior clear space for two cars for a total interior clear space of 20' x 20'. 27.Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 28.These Conditions of Approval and those conditions approved with Tentative Tract Map No. 33486 shall be reproduced on subsequent building plans prior to issuance of building permit. 29.Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Page 5 of 14 h ACENDA ITEM NO. PACE dO OF I{u, CONDITIONS OF APPROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 30. The applicant shall pay all appropriate City fees. 31.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. 32.The applicant shall participate in the City's Lighting and Landscape Maintenance District. ENGINEERING DIVISION 33.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. 34.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. 35.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. 36.This project shall comply with applicable Conditions of Approval of Tract 33486. 37.Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. 38.An Encroachment Permit shall be obtained prior to any work on City right-of-way. Page 6 of 14 ACENDA ITEM NO. PACE eRl ~ OF J/ ~ - CONDITIONS OF APPROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 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. Overhead utilities shall be undergrounded unless exempt by applicable code. 40.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 41. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 42.Provide fire protection facilities as required in writing by Riverside County Fire Department. 43.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 44.Ten (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. 45.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 46.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'l'2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 4 7. Slope maintenance along public right-of-ways shall be maintained by a homeowner's association or other maintenance mechanism as approved by the City. 48.1f not maintained by HOA, the developer shall participate in the City-wide Lighting and Landscape Maintenance District. The maintenance district assessments shall include maintenance costs of drainage and water quality facilities within this tract. Page 7 of 14 ACENDA ITEM NO. 5 PACE :?~ OF '6 ~ CONDITIONS OF APPROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 49.All open space and slopes (except for public parks and schools) and flood control facilities outside the public right-of-way shall be owned and maintained by homeowner's association or other maintenance mechanism. 50.Alllandscaping at intersections shall meet City Sight Distance Standards. 51.Maintenance access shall be provided to all open spaces and drainage facilities and easements. 52.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 53.0n-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. 54.Note: Drainage flow to the existing and unimproved Clement Street (south side) shall be mitigated. 55.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. 56.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 57. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect Page 8 of 14 ACENDA liEM NO._ .5"? PACE ~3 OF (, CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 58.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). 59.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 60.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. 61.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. Prior to Issuance of a Grading Permit 62.A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications for the street improvements as shown on the Site or Grading Plan. Improvements shall be designed and constructed to Riverside County Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall include curb and gutter, sidewalk, street lighting, ac pavement and drainage improvements. Page 9 of 14 ACENDA ITEM NO. .5" PACE:;4 OF if(, " CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 63. The street improvement plan or grading plan shall include a pedestrian access connection from Terra Cotta Road to Shirley Drive and asphalt concrete pavement at the terminus of Shirley Drive. 64.Make an offer of dedication for all public streets and easements required by these conditions or as shown on the Site Plan. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 65.Applicant shall submit signing and striping plans for the required street improvements. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. The signing and striping shall include Street Name Signs, No Parking and Street Sweeping Signs for streets within the project. 66.Submit grading plans with appropriate security, Hydrology, and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The grading plans shall include mitigation/protection of any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. The grading plan shall also show that no structures, landscaping, or equipment are located near or at street intersections in order to meet sight distance standards. 67.Construction Project access and hauling route plan shall be submitted and approved by the City Engineer. 68.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 70.The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. Page 10 of 14 AGENDA ITEM NO. .5"" PACE dlS OF ~{, CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 71.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. 72.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. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 73. The applicant shall provide an approved WQMP plan. Prior to Issuance of Building Permit 74.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. 75.Provide proof that no structures, landscaping, or equipment are located at intersections and street curves that could compromise sight distance requirements. 76. WQMP and erosion control plans shall be in place to the satisfaction of the City Engineer. 77.Pay all Capital Improvement TIF and Master Drainage Fees, and Plan Check fees (LEMC 16.34). Page 11 of 14 AGENDA ITEM NO. S PAGE tA It> OF t/ to CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT Prior to Occupancy 78.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. 79.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. 80.All public improvements shall be completed in accordance with the approved plans or as conditions of this development and/or Tract 33486, to the satisfaction of the City Engineer. All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. 81.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 82. Water and sewer improvements shall be completed in accordance with Water District requirements. 83.Proof of acceptance and maintenance responsibility shall be provided for all open spaces, slopes, and drainage facilities. 84. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 85.Post construction erosion controls and landscaping shall be installed and approved by the City Engineer. 86. The traffic signal at Lakeshore Drive and Terra Cotta shall be completed and in operation as specified in the Traffic Study prepared by Urban Crossroads dated Page 12 of 14 ACENDA ITEM NO. .b PACE ~7 OF 'I? CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT October 10, 2005. The cost of this improvement maybe reimburseable with City Engineer approval. 87. The fair share contribution to the cost of traffic improvements as listed in Table 6-1 of the Traffic Study prepared by Urban Crossroads dated October 10,2005, shall be paid. 88.Proof of an HOA or participation in the City-wide Lighting and Landscape Maintenance District shall be provided. 89. The applicant shall submit as-built plans and shall as-built the mylars. A digital copy of all completed public improvement plans shall be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SERVICES DEPARTMENT 90. Developer to pay park fees of $1,600 per unit ($1,600 per unit @ 81 new units =$129,600. 91.Developer will be required to participate in the "Public Faciltity" fee program. 92.Developer to comply with all NPDES storm water requirements. 93.Developer to participate in the City-wide LLMD. 94.Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 95.Developer to design a recycling plan through the City and CR&R. 96.Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 97.Developer to provide City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. Page 13 of 14 AGENDA ITEM NO. 5" - PACE_,tg' OF i~ CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-11 MAKENNA COURT 98.Developer to meet City curb, gutter and sidewalk requirements. 99.City's Landscape Architect to review all landscape and/or irrigation plans. 100. All walls to be masonry, stucco and paint for easy graffiti maintenance. RIVERSIDE COUNTY FIRE DEPARTMENT 101. The applicant shall comply with all Riverside County Fire Department conditions and standards. SHERIFF RIVERSIDE COUNTY 102. Meet all the requirements per the attached letter dated March 2, 2007. End of Conditions Page 14 of 14 AGENDA ITEM NO. 5 PAGE .z 9 OF 'f? March 2, 2007 Linda Miller, Associate Planner City of Lake Elsinore Planning Division 130 S. Main St. Lake Elsinore, California 92530 Project : Residential Project No. 2006-11 Applicant: Ms. Georgia Hamilton, Corman Leigh Communities Owner : Lake Chival, LLC., Corman Leigh Communities Dear Ms. Miller, Thank you for the opportunity to comment on the above described project to be located on approximately 23 acres in the north section of the City of Lake Elsinore, between Machado Street and Terra Cotta Road, north of Zieglinde Drive. All residential design reviews should be consistent with the Lake Elsinore Crime Free Multi-Housing Program and Crime Prevention Through Environmental Design specifications. The following issues of concern related to public safety and law enforcement are presented: PRE-CONSTRUCTION AND CONSTRUCTION PHASES: (When" Applicable) Construction site: Prior to construction on any structure, a material storage area should be established and enclosed by a six foot chain link fence to minimize theft of materials and/or equipment. It is recommended that a list of serial and/or license numbers of equipment stored at the location be maintained both, at the site and any oft-site main office. Thefts and burglaries of building materials, fixtures, and appliances from construction storage areas and buildings under construction are on the rise. To reduce thefts and burglaries during the construction phases of this project, the developer and builders need to provide site security. The Lake Elsinore Police Department recommends the developer and builders use bonded security guards (when and if applicable) licensed by the State of California Bureau of Security & Investigative Services Department to handle project security. The public and non-essential employees should be restricted in access to the construction areas. Current emergency contact information for the project should be kept on file with the Lake Elsinore Police Department. The developer and/or builders name, address and phone number should be conspicuously posted at the construction site. Visibility into the construction site should not be intentionally hampered. Areas actually under construction should be lit during hours of darkness. All entrances and exits should be clearly marked. ACENDA ITEM tJO. .5 PACE ..3 () OF f' 6 Designate and establish specific parking areas for construction site workers and employees. The parking areas and commercial areas on the premises should be accessible to emergency vehicles at all times with paved pathways of sufficient width to accommodate such vehicles. LIGHTING: Have adequate security lighting throughout the project. All lighting fixtures should be resistant to vandalism tampering. The standards should be of a height to reduce any tampering or damage. GRAFFITI REDUCTION TIPS: Prior to occupancy, the surface walls, fences, buildings, logo monuments, etc. should be graffiti resistant either through surface composition, applied paint types and/or planned shielding by landscaping or plants. Wrought iron fencing has worked well in other projects to reduce graffiti. LANDSCAPING: Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. At no time should shrubbery/plants/trees block line of sight from residence windows. All shrubbery should be trimmed below the lowest ledge of windowsill. Trees and tree limbs should never be in close proximity to a residence to allow access/entry into residence. LINE OF SIGHT/NA TURAL SURVEILLANCE: Wide-angled peepholes should be incorporated into all dwelling front doors and to all solid doors where visual scrutiny to the door from public or private space is compromised. Other line of sight obstructions including recessed doorways, alcoves, etc., should be avoided on building exterior walls. PLAYGROUNDS I PLAY AREAS I RECREATION AREAS: All playgrounds and/or play areas for children should be surrounded by residences on all sides for viewing and/or have security fencing as to prevent non-residents from accessibility. Recreation areas, whether for adults or children, should also be securely maintained as to prevent non-residents from accessibility. All children areas are to be protected, secured and maintained accordingly. Should the community development department, developer or construction staff have any questions regarding the listed law enforcement and public safety concerns, please contact Officer Beth DeCou at (951) 245-3322. 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PACE /fg f OF 1 (, ROOF: EAGLE ROOF JULY 20, 2006 PAINT: SHERWIN WILLIAMS STUCCO: LA HABRA STONE: ELDORADO BRICK: HIGGINS ARCHITECTURAL SPANISH SPANISH SPANISH STYLE I 2 3 ROOF 3522 SCC 8807 3520 "S" FASCiAl SW 2838 SW 0038 SW 6047 GARAGE DOOR POLISHED LIBRARY PEWTER HOT COCOA MAHOGANY TRIM SW 00 II SW 2822 SW 6143 CREWEL TAN DOWNING SAND BASKET BEIGE SHUTTER SW 6005 SW 2802 SW 0045 FOLKSTONE ROOKWOOD RED ANTIQUARIAN BROWN FRONT DOOR SW 6082 SW6111 SW 6048 COBBLE BROWN COCONUT HUSK TERRA BRUN BODY COLOR SW 701 I SW6119 SW 0046 (PAINT) NATURAL ANTIQUE WHITE WHITE HYACINTH CHOICE ---------.-------.....- -----------.-- ------------------ --........---..-..---------- STUCCO MATCH TBD TBD TBD DECORATIVE SW 0008 SW 0008 SW 0008 CLAY TILE CAJUN RED CAJUN RED CAJUN RED , NOTES: CORMAN LEIGH COMMUNITIES MAKENNA COURT PRELIMINARY COLOR SCHEDULE C69( AGENDA ITEM rJO_ PACE 1/1/ S OF if 6 CORMAN LEIGH COMMUNITIES MAKENNA COURT PRELIMINARY COLOR SCHEDULE ROOf: EAGLE ROOF JULY 20, 2006 PAINT: SHERWIN WILLIAMS STUCCO: LA HABRA STONE: ELDORADO BRICK: HIGGINS ARCHITECTURAL FRENCH FRENCH FRENCH STYLE 4 5 6 ROOF SCB 8802 . 4771 4549 ..S" FASCiAl SW 2820 SN 2841 SW 7025 GARAGE DOOR DOWNING EARTH WEATHERED BACKDROP SHINGLE TRIM SW 6107 SW 0036 SW 6155 NOMADIC BUCKRAM RICE GRAIN DESERT BINDING SHUTTER SW 2806 SW 7019 SW 6033 ROOKWOOD GAUNTLET GREY BATEAU BROWN BROWN FRONT DOOR SW 2820 SN 2841 SW 7025 DOWNING EARTH WEATHERED BACKDROP . SHINGLE BODY COLOR SW 2827 6128 SW 6156 (PAINT) COLONIAL BLONDE RAMIE -------------------- REVIVAL STONE ...----------..---..-- -.....------.---...--- ---------------------- STUCCO MATCH TBD TBD TBD .. STONE & GROUT POLERMO LUCERA CAPRI COUNTRY APPLICATION COUNTRY HILLSTONE RUBBLE RUBBLE (DRYST ACK) (DRYST ACK) (DRYST ACK) NOTES: CI{0( ACENDA ITEM NO. PACE 15" .5 OF tf t, ROOF: EAGLE ROOF JULY 20, 2006 PAINT: SHERWIN WILLIAMS STUCCO: LA HABRA STONE: ELDORADO BRICK: HIGGINS ARCHITECTURAL TUSCAN TUSCAN TUSCAN STYLE 7 8 9 ROOF SCM 8806 SCM 2553 SCM 2578 's' FASCiAl SW 2836 SW 6145 SW 6068 GARAGE DOOR QUARTERSAWN THATCH BROWN BREVITY BROWN OAK TRIM SW 0028 SW 0051 SW6141 CAEN STONE CLASSIC IVORY SOFTER TAN SHU1TER SW6013 SW6012 SW 6202 BITTER BROWSE BROWN CAST IRON CHOCOLATE FRONT DOOR SW 6068 SW 6061 SW 7041 BREVITY BROWN TANBARK VAN DYKE BROWN BODY COLOR SW 2853 6130 2842 NEW COLONIAL MAN NERED ROYCROFT YELLOW GOLD SUEDE ---...-------------. ---------------------- ----....-----..--------..-.. --------------- STUCCO MATCH TBD TBD TBD STONE & GROUT JACKSON VALLEY MOLANO MESETE APPLICATION QUARRY STONE HILLSTONE FIELDLEDGE (OVERGROUn (OVERGROUn (OVERGROUn NOTES: CORMAN LEIGH COMMUNITIES MAKENNA COURT PRELIMINARY COLOR SCHEDULE C~ ACENDA ITEM NO. ..5 PACE 4&, OF ~~- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DA TE: APRIL 17, 2007 PREPARED BY: TOM WEINER, PLANNING MANAGER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-08 FOR A GYMNASTICS AND EARLY "CHILDHOOD MOVEMENT" FACILITY LOCATED AT 17945 COLLIER AVENUE WITHIN THE COLLIER AVENUE BUSINESS CENTER. APPLICANT: JEREMY THOMPSON 29061 LUPIN PLACE, CANYON LAKE, CA 92587 OWNER: COLLIER DEVELOPMENT COMPANY LLC 12040 E. FLORENCE AVENUE SANTA FE SPRINGS, CA 90670. PROJECT REQUEST The applicant is requesting approval for a Conditional Use Permit to establish a gymnastics and "early childhood movement" facility known as "Twisting U Gymnastics" within an existing Commercial/Manufacturing complex, known as the "Collier A venue Business Center." The proposed facility will offer a variety of athletic services and experiences that will be non-competitive in nature, and will generate an environment of "educational fun" within a safe and clean facility. Although the classes will be covering a broad age group, the proposed classes will be offered to students of all ages beginning from preschool up to high school age students. ACENDA ITEM NO. PACE , b OF-L\ REPORT TO PLANNING COMMISSION APRIL 17, 2007 PROJECT TITLE: TWISTING "U" GYMNASTICS ENVIRONMENTAL SETTING Project Collier Avenue Commercial Site Business Center Manufacturing (CM) Freeway Business (FB) North Vacant Limited Manufacturing Future Specific Plan District M -1 ) "T" (SP "T") South Manufacturing Commercial Freeway Business Manufacturin (CM) FB East Vacant Limited Manufacturing Freeway Business District M -1 ) (FB) West Vacant General Commercial Future Specific Plan (C-2 "T" (SP "T") PROJECT LOCATION The proposed project is located at 17945 Collier Avenue within the Collier Avenue Business Center, Assessor's Parcel Number: 378-030-014. The proposed project is zoned as (CM) Commercial Manufacturing and it has a General Plan Designation of (FB) Freeway Business. PROJECT DESCRIPTION The applicant is proposing to establish a gymnastics and "early childhood movement" facility, known as "Twisting U Gymnastics", within an 8,729 square foot building. The proposed business will offer the following full range of gymnastics skills and exercise areas (identified on the submitted floor plan): . Strap Bar . Foam Pit . Rock ramp . Rockwall . Tumble Track AGEND~FEM '- PAGEd.. OF -0. REPORT TO PLANNING COMMISSION APRIL 17, 2007 PROJECT TITLE: TWISTING "U" GYMNASTICS . Floor Exercise Area . Two (2) Vaults . Six (6) balance beams . Five (5) uneven bars The facility will include a reception area, administrative offices, a performing area, and restrooms. DISCUSSION The proposed project has been reviewed for compliance with Chapter 17.74, (Conditional Use Permit) and Chapter 17.54, (CM, Commercial Manufacturing District) of the Lake Elsinore Municipal Code (LEMC). According to the Section 17.543.030.(f) of the Lake Elsinore Municipal Code; Health clubs, racquetball and indoor tennis courts, and similar related facilities uses are allowed in Commercial Manufacturing zones with approval of a Conditional Use Permit. Conditional Use Permits are required because certain uses, such as the proposed gymnastics facility, present operational characteristics that may have or may create potential negative impacts to adjoining properties. In this case, the proposed indoor recreational facility requires a comprehensive review of the available parking, and traffic. Existing Facilities The existing Commercial Manufacturing complex contains eight (8) buildings which vary in size from 6,051 to 8,792 square feet. The applicant will occupy the largest suite to conduct the proposed gymnastics operation. Hours of Operation The days and hours of operation for the gymnastics facility are reflected in the following chart: AGENDA ITEM .6 PAGE 2- OFM REPORT TO PLANNING COMMISSION APRIL 17, 2007 PROJECT TITLE: TWISTING "U" GYMNASTICS MONDAY TUESDAY WEDNESDA Y THURSDAY FRIDA Y SATURDAY SUNDAY 4:00 P.M.- 9:00 P.M. 9:00 A.M. -12:00 P.M. and 4:00 P.M.- 9:00 P.M. 9:00 A.M. - 12:00 P.M. and 4:00 P.M.- 9:00 P.M. 9:00 A.M. - 12:00 P.M. and 4:00 P.M.- 9:00 P.M. 4:00 P.M.- 9:00 P.M. 9:00 A.M - 2:00 P.M. CLOSED The applicant has indicated that the Tuesday through Thursday morning sessions will accommodate up to 16 students per hour. It is anticipated that the bulk of the students will be served during the 4:00 p.m. to 9:00 p.m. sessions on weekdays and the Saturday sessions. The facility is closed on Sundays. Parking The Lake Elsinore Municipal Code (LEMC) guidelines indicate that in the Commercial- Manufacturing District, one (1) parking space shall be provided for each 400 square feet of unit area up to twenty-thousand (20,000) square feet. The following chart reflects a breakdown of the off-street parking. COMMERCIAL 8,792 SQ. FT 22 22 As reflected in the chart above, minimum off-street parking requirements are met. Parking spaces that will serve the facility are located adjacent to the building. ANALYSIS Staff determined that the proposed business "Twisting U Gymnastics" will be appropriate to the site, due to the type of use and hours of operation. The attendance of the clients will not create a parking availability conflict for the existing Commercial AGENDA ITEM ..6.- P AGE it- OF P REPORT TO PLANNING COMMISSION APRIL 17, 2007 PROJECT TITLE: TWISTING "U" GYMNASTICS Manufacturing Center, since this specific condominium has twenty-two (22) assigned parking spaces, which meets the parking requirement. Additionally, it is expected that additional parking spaces will be available at off hours. ENVIRONMENTAL DETERMINATION The proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemptions, Section 15301, Existing Facilities, Class 1. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007-_ and approve Conditional Use Permit No. 2007-08 for the proposed "Twisting U Gymnastics" facility located at 17945 Collier Avenue, within the Collier Avenue Business Center (APN: 378-030-014). This recommendation is based on the based on the following Findings, Exhibits, and attached Conditions of Approval. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. NOTICE OF EXEMPTION AGENDA ITEM ..b. PAGE ~ OF \=\ REPORT TO PLANNING COMMISSION APRIL 17, 2007 PROJECT TITLE: TWISTING "U" GYMNASTICS 5. APPLICANT DESCRIPTION OF THE PROPOSED BUSINESS PLAN 6. FLOOR PLAN 7. SITE PLAN AGENDA ITEM ~ PAGE{;- OF-8 """" ~ CONDITIONAL USE PERMI'. 2007 -08 APN: 378-030-014 n.. 0<,: <~, ~" '+ ". 7~ ~~, ~" ~,,~ .~ .~ 7~ '+<1> ...,. .', '.'l" ' " c~/ , .\V::.'" '. ~V/... . ., .\~. ./.'.. .... ~" .tV /. . V },,/ '/~V,,4. ~o /, ~ PLANNING COMMISSION APRIL 17, 2007 ACENllA \'ItlA II"., ~l PACE_). _OfT~ - RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-08. WHEREAS, Jeremy Thompson filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2007-08 for the establishment of a gymnastics and early childhood movement center located at 17945 Collier Avenue, within the Collier Avenue Business Center; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and either approving, conditionally approving, or denying conditional use permits; 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 April 17, 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 business establishment for the gymnastics and early childhood movement center located at 17945 Collier Avenue, within the Collier Avenue Business Center and has found that it is consistent with the Lake Elsinore Municipal Code. SECTION 2. It is hereby found and determined that the Project is exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") pursuant to a class Article 19, Categorical Exemptions, Section 15301, Existing Facilities, Class 1. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.74, the Planning Commission makes the following findings for the approval of Conditional Use Permit 2007-08: AGENDA ITEM NO. PAGE OF ACENOA'TEM NO. 6 PAGE_] _,OF \\, PLANNING COMMISSION RESOLUTION NO. 2007- PAGE20F4 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 the establishment of the proposed gymnastics and early childhood movement facility known as "Twisting U Gymnastics" located at 17945 Collier Avenue, APN 378-030-014 within the Collier Avenue Business Center. 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 Conditional Use Permit for the establishment of the proposed gymnastics and early childhood movement facility known as "Twisting U Gymnastics" located at 17945 Collier Avenue, APN 378-030-014 within the Collier Avenue Business Center, 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. AGENDA ITEM NO. b PAGE~OF~ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE30F4 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 Conditional Use Permit for the establishment of the proposed gymnastics and early childhood movement facility known as ((Twisting U Gymnastics" located at 17945 Collier Avenue, APN 378-030-014 within the Collier Avenue Business Center has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate Commercial Manufacturing 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. 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 Conditional Use Permit for the establishment of the proposed gymnastics and early childhood movement facility known as ((Twisting U Gymnastics" located at 17945 Collier Avenue, APN 378-030-014 within the Collier Avenue Business Center 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 17945 Collier Avenue, within the Collier Avenue Business Center, 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. AGENDA ITEM NO. 6 PAGE li) OF -P PLANNING COMMISSION RESOLUTION NO. 2007- PAGE40F4 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 Conditional Use Permit for the establishment of the proposed gymnastics and early childhood movement facility known as "Twisting U Gymnastics" located at 17945 Collier Avenue, APN 378-030-014 within the Collier Avenue Business Center, has been scheduled for consideration and approval of the Planning Commission. SECTION 4. Based upon all of the evidence considered, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Conditional Use Permit 2007-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of April 2007, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. b PAGE 1L OF J:) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007-08, FOR A GYMNASTICS AND EARLY CHILDHOOD MOVEMENT CENTER LOCATED AT 17945 COLLIER AVENUE - APN 378-030-014 PLANNING DIVISION (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 building permit issuance and may be revised.) 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 Conditional Use Permit and Commercial Design Review for proposed Gymnastics and early Childhood movement facility project attached hereto. 2. Conditional Use Permit No. 2007-08 for the proposed "Twisting U Gymnastics" facility shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit (CUP) application. The CUP shall also be subject to periodic review by the Director of Community Development or designee. The CUP can be revoked at any time, if after reviewed by the Planning Commission it is found that the applicant has not been in compliance with Conditions of Approval. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). 3. If the use is discontinued for a continuous six (6) month period or more, Conditional Use Permit No. 2007-08 may be revoked. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). 4. Conditions of Approval shall be reproduced on page one of the improvement plans submitted to the Building Division Plan Check. All Conditions of AGENDA ITEM NO. b PAGE l!J.... OF B 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 Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 7. No outdoor storage is allowed. 8. Noise shall be regulated per the regulation of Chapter 17.78 of the Lake Elsinore Municipal Code. 9. Signage shall conform to the provisions of Section 17.94; and the applicable sign program generated for the Collier Avenue Business Center. lO.Prior to certificate of occupation, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. ENGINEERING DIVISION ll.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. l2.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. AGENDA ITEM NO. 6 PAGE.\1- OF -R. CITY OF ~ LAKE ,6ILSiNORJ: . DREAM E,XTREMElII Notice of Exemption Filed With: o Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [2g County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Tide: Conditional Use Pennit No. 2007-08, for the establishment of a Gymnastics and Early Childhood movement facility located at 17945 Collier Avenue, within the Collier Avenue Business Center. Project Location (Specific): The proposed project is located on the west end of the Collier Avenue Business Center at 17945 Collier Avenue (APN: 378-030-014). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: A Conditional Use Permit for Gymnastics and early childhood movement Center which classes will focus primarily on preschool and school age children, located at 17945 Collier Avenue, within the Collier Avenue Business Center.. Furthermore, the existing Commercial Manufacturing Building located within the CM (Commercial Manufacturing) Zoning district and has a General Plan designation of Freeway Business. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: D Ministerial (Section 15073) D Declared Emergency (Section 15071 (a)) D Emergency Project (Section 15071 (b) and (c)) [g] Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15301, Existing Facilities Reasons why project is exempt: This project meets the requirements pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA). Contact Person: Agustin Resendiz, Associate Planner Telephone Number: (951) 674-3124 Signed: Tide: Director of Community Development Rolfe M. Preisendanz A.t.tJ~l~1\i~~'=~ ~~,=-OF~~. """'" ~ TO: Lake Elsinore Zoning FR: Jeremy Thompson 951.956.3339 DT: 01/19/2007 Description for Collier Avenue Business Center Product/Service: Our proposed business will be formed as a limited liability company. Our primary product will be in gymnastics related instruction including early childhood movement education, tumbling, cheerleading, board-sport training and trampolining. We will be offering a variety of athletic services and experiences covering a broad age rage, but focusing primarily on preschool and school-age children. Our classes will be non-competitive and generate an environment of "educational fun" within a safe and clean facility. Programming: Limited classes will be offered during weekday mornings. We anticipate two classes Tuesday thru Thursday between the hours of 9:00am to 12:00pm yielding no more than 16 students per hour. The bulk of our class offerings will be between 4:00 to 9:00pm on weeknights. Saturday mornings and afternoons (9:00am to 2:00pm) will be the only weekend hours of operation. In all, we are striving for approximately 300 students by the end of 2008. Market: Our clientele will be local residents who will find our service a beneficial extracurricular activity throughout the year. Parents will drop their children off for a 60-90 minute class. The surrounding malls, shops and eateries will provide easy access for parents to fill the wait-time before picking up the students. A.C~N~ ITEM ~C.__ _ -6 ... _ ~AC~_lSr~._ OF=~._- o g ~. ~ CD ::J C CD ~ ""'" ~ 20 FACILITY LAYOUT for EXISTING BUILDING Address: Nearby: SqFt: Height: Parking: Zoning: ~<OO)rr ~C>>~ tumbletr --v (2) ~ ~ office / ~ _ pro shop I preschOOl area [g~~ Collier Avenue 1-15&Central 8792 19' 21+ CM ACENDA ITEM N90 6 PAGE \ 1 OF )1 .