Loading...
HomeMy WebLinkAboutPC Reso No 2009-49RESOLUTION NO. 2009-49 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A PROPOSED TWO (2) STORY, 4,752 SQUARE-FOOT GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED IN THE REAR-YARD OF AN EXISTING SINGLE-FAMILY RESIDENCE AT 32375 ONTARIO WAY (APN: 370-511-054) WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Ted Thompson, requesting approval of a Minor Design Review for a freestanding two (2) story, 4,752 square foot garage (accessory structure) pursuant to the requirements of Section 17.76 (R-1: Single-Family Residential District) and Section 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC); and; WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for residential accessory structures; and, WHEREAS, notice of said application has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 20th, 2009. 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 finds that it is consistent with R-1, Single-Family Residential development standards and citywide parking requirements as set forth in the Lake Elsinore Municipal Code LEMC). SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15303 et seq.) pursuant to a class 3(e); exemption for accessory (appurtenant) structures including garages, caports, patios, swimming pools, and fences. "New construction or conversion of small structures because the Project involves construction of a new garage". (See 14 C.C.R. § 15303(e)). SECTION 3. That in accordance with LEMC Chapter 17.184, the Planning Commission makes the following findings for the approval of the Project: 1. The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project will be located. The proposed Residential Design Review for a proposed 4,752 square foot garage, complies with the goals and objectives of the General Plan Land Use designation of Low Medium Density (LMD) designation. General Plan Low RESOLUTION NO. 2009-49 PAGE 2OF4 Medium Density (LMD) is intended for a wide range of residential development types including attached and detached "accessory structures'such as garages. The approval of this garage identified as an "accessory structure" is appropriate in the size and surrounding development in that the project 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 (accessory structures) in the surrounding area. 2. The project complies with the design directives contained in the Lake Elsinore Architectural Design Guidelines and all other applicable provisions of the Municipal Code. The proposed Minor Design Review at 32375 Ontario Way is appropriate to the site and surrounding developments in that the proposed garage identified as an accessory structure has provided, sufficient front and rear yard landscaping and safe and sufficient on-site vehicular circulation. 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 in that the applicant is providing a "Spanish/Mediterranean" architecture which includes; 360-degree architectural articulation pursuant to the "Lake Elsinore Residential Design Guidelines" such as, concrete tile roof material, smooth stucco walls, second story balconies, decorative dormers, and exterior light fixtures. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review to be located at 32375 Ontario Way as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19; (Categorical Exemptions) and Section 15303 (e), Class 3; (New Construction or Conversion of Small Structures); therefore, no further environmental review is required pursuant to CEQA. 4. Conditions and safeguards pursuant to Chapter 17.76; of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.76. Pursuant to Section 17.184.090; (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review has been scheduled for consideration and approval of the Planning Commission. The Applicant shall meet all required setbacks and development standards pursuant to the Low Medium Density development standards as mandated in the "Lake Elsinore Design Guidelines". RESOLUTION NO. 2009-49 PAGE 3 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 20`x' day of October 2009. ;Citymyf loves, Chairman Lake Elsinore ATTEST: --i~ ~'2-- Tom Weiner, Acting Director of Community Development RESOLUTION NO. 2009-49 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-49 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20th day of October 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE -1~ ~'(a_ - Tom Weiner, Acting Director of Community Development CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY - APN: 370-511-054 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 The applicant shall defend, indemnify, and hold officers, employees, and/or agents from any claim, City, its officials, officers, employees, or agents hereto, which action is brought forward within California Government Code Section 65009 and 21167. PLANNING DIVISION harmless the City, its officials, action, or proceeding against the concerning the project attached the time period provided for in Public Resources Code Section 2. The proposed structure shall not be used as a dwelling unit of any kind, such as a "Second Unit" unless proper Planning and Building Division approvals are obtained. 3. Minor Design Review approval for a 4,752 square foot freestanding detached garage for an existing single-family residence located at 32375 Ontario Way will lapse and be void unless a building permit is issued within one (1) year of the 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. 4. Conditions of Approval shall be reproduced submitted to the Building and Safety Division Approval shall be met prior to the issuance release of utilities. upon page one of building plans for Plan Check. All Conditions of of a Certificate of Occupancy and 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. 6. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. AGENDA ITEM _ PAGE OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY - APN: 370-511-054 7. Materials and colors shall match the materials and colors used on the existing structure. 8. At minimum the applicant shall use a three-dimensional composition shingle or concrete tile or other material approved by the Community Development Director or Designee on the dwelling. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 9. Applicant is to meet all applicable City Codes and Ordinances. 10.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 Community Development Director or designee. 11.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. 12.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 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. 13.Applicant shall meet all applicable County Fire Department requirements for fire protection. 14. Applicant shall meet all applicable Building and Safety Division requirements. 15.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. 16. Driveways shall be constructed of concrete per Building and Safety Division standards. 17. Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. AGENDA ITEM PAGE OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY - APN: 370-511-054 Chain link fences shall be prohibited. 18.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 19.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Certificate of Fee Exemption "de Minimis Impact Finding. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. ENGINEERING DIVISION GENERAL: Prior to Issuance of a Grading Permit 20. If a grading plan is required, submit Soils Report, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 21. Provide approval of construction activity within the wetlands from the Fish and Games and Corp of Engineers. 22. Site development along the wetlands will require special grading and erosion control requirements (LEMC Title 15). 23. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor elevation of all buildings shall be a minimum 1-foot above the 100-year flood elevation as shown on the applicable FEMA FIRM maps. Any fill placed in the 100- year flood plane for the purposes of elevating the building floor out of the flood plane shall require a LOMR-F to be processed with FEMA. 24. The developer to provide FEMA elevation certificates prior to issuance of certificate of occupancies. 25. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. AGENDA ITEM PAGE _ OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY - APN: 370-511-054 26.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. 27.A drainage plan prepared by Registered Civil Engineer shall be submitted for review and approval by the City Engineer. 28. If applicable, 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 storm water pollution prevention plan prior to issuance of grading permits. Prior to Issuance of Building Permit 29. The proposed driveway shall be improved per City standards. 30. Drainage improvements as shown on plans and as approved by the City Engineer shall be installed. 31.AII 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. 32. Pay applicable Development Impact Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 33. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 34.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 35.AII public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 36. If applicable, water and sewer improvements shall be completed in accordance with Water District requirements. AGENDA ITEM _ PAGE OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY-APN: 370-511-054 37.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 38.An Encroachment Permit shall be obtained prior to any work on City right-of-way. 39.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 40. 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. 41.0n-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. 42.AII 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. 43. Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 44. On-site drainage including roof drains should be directed to a landscaped area. AGENDA ITEM _ PAGE OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A PROPOSED TWO (2) STORY 4,752 GARAGE (ACCESSORY STRUCTURE) TO BE LOCATED AT 32375 ONTARIO WAY - APN: 370-511-054 The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances 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. AGENDA ITEM PAGE OF