Loading...
HomeMy WebLinkAboutPC Reso No 2009-51RESOLUTION NO. 2009-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, APPROVING AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 WHEREAS, Pardee Homes hassubmitted,"an application for Amendment No. 1 to Residential Design Review No. 2006-13 (the "Entitlements"), for the replotting of a single-family residential product within the Canyon Hills Specific Plan on the south side of Canyon Hills Road, west of Cottonwood Canyon Road; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Residential Design Review Amendment requests for residential projects within the Canyon Hills Specific Plan; 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 establishes the standard to be used when determining whether subsequent 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, the 1989 Final Environmental Impact Report for the Canyon Hills Specific Plan (SCH #87111606: the "FEIR") and the 2003 Addendum to FEIR, collectively, evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, the Activity comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of the project; and WHEREAS, public notice of the Activity 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 September 15, and October 20,2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2009-51 PAGE 2OF4 SECTION 1. The Planning Commission has considered the proposed amendment for the replotting of approved production units and has found them acceptable. The Planning Commission finds and determines that the Residential Design Review Amendment is consistent with the Canyon Hills Specific Plan. SECTION 2. The Planning Commission finds and determines that the Activity does not present any new information, circumstances, or changes to the project that was analyzed under the FEIR and the 2003 Addendum to the FEIR. The Activity does not change density or intensities of use. It simply establishes standards for the replotting of approved single family residential home product. Therefore, it is not necessary to conduct any further environmental review for the Activity. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Amendment No. 1 to Residential Design Review No. 2006-13: 1. The Activity complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. The General Plan designates the site as "Canyon Hills Specific Plan." The Canyon Hills Specific Plan designates the site as "SF2 Single-Family Detached Residential 2 District." Tract Map No. 30494, the proposed replotting of approved production units will collectively lead to the construction of a single family residential development that is consistent with the Canyon Hills Specific Plan. 2. The Activity complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Activity 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 the Canyon Hills Specific Plan. The Activity creates interest and varying vistas as a person moves along any street within the subdivision. The Activity 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 Activity to ensure development of the property in accordance with the General Plan, Municipal Code, and Canyon Hills Specific Plan. The Planning Commission has considered the Activity and finds that with the attached conditions of approval, the Activity complies with the purposes and objectives of the General Plan, Municipal Code and Canyon Hills Specific Plan. PLANNING COMMISSION RESOLUTION NO. 2009-51 PAGE 3 OF 4 SECTION 4. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Amendment No. 1 to Residential Design Review 2006-13. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of October 2009. Jim y ores, Chairman Lak)e Isinore Planning Commission ATTEST: ^ Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-51 PAGE 4OF4 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 Tom Weiner Acting Director of Community Development CONDITIONS OF APPROVAL FOR AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13, CANYON HILLS SPECIFIC PLAN 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 project attached hereto. PLANNING DIVISION 2. Design Review approval of Amendment No. 1 to Residential Design Review No. 2006-13, will lapse and be void unless a building permit is issued within one (1) year of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 3. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the model home complex. 5. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tract Map No. 30494 and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 6. Future site plotting and construction within Tract Map No. 30494 shall comply with the standards and requirements of the Canyon Hills Specific Plan. Future site plotting shall be shown on precise grading plans, subject to approval by the Community Development Director or designee. 7. All architectural styles, treatments, enhancement and requirements shall comply with the original approvals associated with Planning Areas 29 and 30 B (Broadleaf and Silverthorne product). 8. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 9. 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 CONDITIONS OF APPROVAL Page 2 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 10.The applicant shall comply with all applicable City Codes and Ordinances. 11.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 12.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. 13. The design and construction of the project shall meet all County Fire Department standards for fire protection. 14. 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 and the Canyon Hills Specific Plan, prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. 15. 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. 16. 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'. 17. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Addendum to the 1989 Final Canyon Hills Specific Plan EIR. 18. 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. 19.These Conditions of Approval and those conditions approved with Tract Map No. 30494 shall be reproduced on subsequent building plans prior to issuance of building permit. 20. 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. 21.All brick and/or stone veneer materials provided along the front elevations shall continue to wrap around the side elevation to the front decorative concrete return. 22. The applicant shall pay all appropriate City fees. CONDITIONS OF APPROVAL Page 3 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 23.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. 24.Construction traffic shall be prohibited from the segment of Lost Road south of the project site as a construction truck route. 25.The Homeowner's Association shall maintain all project improvements and facilities, including the private streets, landscaping, park facilities, and drainage improvements. 26. The applicant shall participate in the City's Lighting and Landscape Maintenance District. ENGINEERING DIVISION 27. Dedicate full width right-of-way and construct full width roadway improvements for Canyon Hills Road and Cottonwood Canyon Road. Improvements and dedications shall be consistent with the Canyon Hills Specific Plan. 28. Hillside Drive, Camelina Street, Pinnata Court, Nandina Court, Kalanchoe Road, Ambrosia Court, Corktree Road, Ainnia Court, Sundew Court, Silktassel Road, Agaliya Court, Cedar Mesa Drive, Ladyfern Court, and Dianthus Lane shall become a private road as noted on the tentative map. The private road network shall begin at and include the turn-around feature and shall be delineated with stamped and colored concrete. 29.All private roads shall be constructed to be consistent with the Canyon Hills Specific Plan cross section for local and collector roads. 30. Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. 31. All private roads shall be maintained by an association or private maintenance district. 32.Provide detention basin designed to detain the increase in storm water run-off volume resulting from the development. 33. Grading on adjacent property shall require a "notarized permission to grade" letter from the affected property owner. 34.All slopes, cut or fill, shall comply with UBC requirements for setback from adjacent property lines. Diversion of storm water flows shall not be allowed. 35.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. CONDITIONS OF APPROVAL Page 4 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 36. 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. 37. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 38.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. Submit this letter prior to final map approval. 39. Construct all public works improvements per approved street plans (LEMC 12.04). Plans shall be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 40.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 41.Applicant shall obtain any necessary CALTRANS permits and meet all CALTRANS requirements. 42. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% shall only be used because of design constraints approved by the City Engineer and Fire Department. 43. Interior streets shall be designed with 9% as the maximum grade and intersecting streets shall meet at a maximum grade of 6 The 6% grade shall extend for a minimum of 40- feet. 44. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 45.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/i' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 46.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit. 48. 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. CONDITIONS OF APPROVAL Page 5 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 49. Provide fire protection facilities as required in writing by Riverside County Fire. 50. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 51. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first certificate of occupancy of any of the three projects. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 54.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 55.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 56.Apply and obtain a grading permit with appropriate security prior to building permit issuance. 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. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event a study has been previously completed or the project is outside the study zone, a letter shall be submitted by a licensed geologist or geotechnical engineer stating such a condition does not apply. 59. All grading shall be done under the supervision of a geotechnical engineer and 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. 60.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to CONDITIONS OF APPROVAL Page 6 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 61. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 62.On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 63. 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. 64. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 65. Meet all requirements of LEMC 15.68 regarding floodplain management. 66. If applicable, the applicant to provide FEMA elevation certificates prior to certificate of occupancies. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of the grading plan. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 68.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb without first traversing a minimum 20-feet through a landscaped area. 71.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 72.A drainage acceptance letter will be necessary from the downstream property owners for out letting the proposed storm water run-off on private property. 73. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 74. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. CONDITIONS OF APPROVAL Page 7 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 75. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation in the event these projects are not included with the underlying development. 76.Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 77.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 78.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 permit. 79.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Storm Water Pollution Prevention Plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 80. 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 stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 81.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance is impacted, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 83. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 84. No residential lot shall front and access shall be restricted on Canyon Hills Road. 85.All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation except as described. CONDITIONS OF APPROVAL Page 8 of 8 AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW NO. 2006-13 86.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 first Certificate of Occupancy. 87.Applicant shall cause to be recorded a CC&R's prior to 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. 88.Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 89.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 90. Process required access easements prior to first Certificate of Occupancy. 91. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a Drainage Mitigation fee. 92. Developer shall provide funding for the re-appropriation calculations of the assessment due to the increase in lots in the assessment district. 93. 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.