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Home My WebLink About10.17.2006 PC AGENDA CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA MICHAEL O'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) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ******************************************************************* TUESDAY, OCTOBER 17, 2006 6:00 P.M. If you are aUending this Planning Commission Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. 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, prior to the start of the Planning Commission Meeting) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item. ) PAGE 2 - PLANNING COMMISSION AGENDA- OCTOBER 17, 2006 PUBLIC HEARING ITEMS (Please read & complete a Speaker's Form at the podium prior to the start of the Planning Commission Meeting. The Chairman will call on you to speak when your item is called.) 1. Minor Design Review of a Single Family Residence located at 29414 Pinnell Street (APN: 378-171-009/010) · On August 31, 2006 the Design Review Committee (DRC) reviewed the plans for the proposed two-story single-family dwelling unit and provided comments on the location and type of fencing, rear-yard landscaping, proposed driveway width, and architectural elements. Once revised, the applicant re-submitted plans along with building elevations which incorporated the DRC recommendations. CASE PLANNER: Justin Carlson, Associate Planner Ext.295, jcarlson@lake-elsinore.org RECOMMENDATION: Approval 2. Minor Design Review of a Single Family Residence located at 15087 Larson Road (APN: 379-080-050) · On June 1,2006 the Design Review Committee (DRC) reviewed the plans for the proposed single-family dwelling unit and provided several substantive comments on the proposed architectural design, building massing, fencing, and landscaping. The DRC recommended that the applicant incorporate additional architectural elements on the front-entry, enhanced base furring, window surrounds, proposed fencing, and landscaping. Once revised, the applicant re- submitted plans along with building elevations which incorporated the DRC recommendations. CASE PLANNER: Justin Carlson, Associate Planner Ext.295, j carlson@lake-elsinore.org RECOMMENDATION: Approval PAGE 3 - PLANNING COMMISSION AGENDA- OCTOBER 17, 2006 3. Minor Design Review for a Single Family Residence located at 988 Miramar Street (APN: 373-054-021) · The applicant is proposing to construct a 3,835 square foot conventionally built single family residence with an attached 761 square foot garage on a 12,008 square foot (net) vacant lot. The total building footprint is 2,752 square feet or twenty-one percent (21 %) of the lot area meeting the maximum allowable building area of fifty percent (50%) per the requirements of the Historic Elsinore Standards. The project meets all requirements of the LEMC. The residence will include an interior entry, dining room, family room, kitchen, office, game room, bathroom and utility room on the first floor and three bedrooms and two bathrooms on the second floor. CASE PLANNER: Linda Miller, Planning Consultant Ext. 209, lmiller@lake-elsinore.org RECOMMENDATION: Approval 4. Mitigated Negative Declaration No. 2006-07 for the slope Stabilization Plan at Wasson Creek ("Rosetta Hills", Tentative Tract Map No. 31792) · Upon the recommendation ofthe Planning Commission, the City Council ofthe City of Lake Elsinore approved Tentative Tract Map No. 31792 on September 28, 2004. On June 20, 2006, the Planning Commission approved Residential Design Review No. 2005-20, which was conditioned to provide a Remediation Plan and Mitigated Negative Declaration for Lots 49 thru 68 approved and adopted by the City Council. CASE PLANNER: Carole Donahoe, Planning Consultant Ext. 287, cdonahoe@lake-elsinore.org RECOMMENDATION: Approval 5. Commercial Design Review No. 2006-02 & Tentative Condominium, Tract Map No. 34864 "Canyon Estates Professional Office Building Complex" . The Planning Commission considered this project at their October 3, 2006 meeting. At that time, the project applicant contested several recommended conditions of approval involving the Planning and Engineering Division( s) and the Administrative Services Department. The Planning Commission PAGE 4 - PLANNING COMMISSION AGENDA- OCTOBER 17, 2006 subsequently directed that the item be continued to the October 17, 2006 Planning Commission meeting in order to provide time for each Division and Department to work out the issues associated with their conditions. CASE PLANNER: Matt Harris, Senior Planner Ext. 279, mharris@lake-elsinore.org RECOMMENDATION: Approval 6. Residential Design Review No. 2006-06 for a five unit Apartment Complex located at the Northwest Comer of Pottery Street and Lindsay Street; (APN NO. 374-042-022) · During the processing of the subject applications staff worked diligently with the applicant to achieve a variety of refinements to the proposed site plan and building architecture including a pedestrian connection between the development, recessed windows, decorative street light fixtures, 360-degree building architecture and materials. CASE PLANNER: Agustin Resendiz, Associate Planner Ext. 232, aresendiz@lake-elsinore.org RECOMMENDATION: Approval BUSINESS ITEMS INFORMATIONAL STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT 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: OCTOBER 17, 2006 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) APPLICANT: JUAN REVELES: 2827 PLUMWOOD LANE, CORONA, CA 92882 OWNER: GUADALUPE REVELES: 2827 PLUMWOOD LANE, CORONA, CA 92882 PROJECT REQUEST The applicant is requesting design review consideration for a conventionally built two- story single-family dwelling unit pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l Single-Family Residential District), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On August 31, 2006 the Design Review Committee (DRC) reviewed the plans for the proposed two-story single-family dwelling unit and provided comments on the location and type of fencing, rear-yard landscaping, proposed driveway width, and architectural elements. Once revised, the applicant re-submitted plans along with building elevations which incorporated the DRC recommendations. \ ACENDA ITEM NO. PAGE \ OF 30 REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) PROJECT LOCATION The approximately .21 acre vacant site is located approximately 215-1inear feet southwest of Gunnerson Street and 20-linear feet north of Pinnell Street at 29414 Pinnell Street (APN: 378-171-009/010). More specifically, the property is located within the R-1 (Single-family Residential) Zoning district and has a General Plan designation of Future Specific Plan J (Country Club Heights #1). ENVIRONMENTAL SETTING Project Site Vacant R-1 (Single-Family Future Specific Plan J Residential) North Vacant R-l (Single- Family Future Specific Plan J Residential South Vacant R-l (Single- Family Future Specific Plan J Residential East Residential R-l (Single-Family Future Specific Plan J Residential West Vacant R-l (Single-Family Future Specific Plan J Residential PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of a 2,371 square-foot two-story single-family residence with an attached 514 square-foot two (2) car garage, a 96 square-foot front entry porch, and a 134 square-foot covered solid rear patio cover. The proposed 2,371 square-foot residence will include four (4) bedrooms, a living room, dining room, laundry room, kitchen with breakfast nook, family room, three (3) bathrooms, and a second-story deck on the front (east) elevation. AGENDA ITEM l PAGE -.a.. OF'?> 0 REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) Siting The proposed two-story single-family dwelling unit located at 29414 Pinnell Street (APN: 378-171-009/010) will be situated in the center of the existing two (2) lots. It should be noted that the applicant will have to apply and submit for a lot merger with the City of Lake Elsinore's Engineering Division prior to the issuance of a building permit. Considering this, the existing lots climb in grade from the front ofthe property along Pinnell Street to the rear. The applicant will have to cut approximately 750 cubic-yards and fill approximately 350 cubic-yards in order to create a level pad for development. Architecture The applicant has chosen to construct the two-story single-family dwelling unit using Mediterranean style architecture. The front (east) elevation will include an arched front-entry porch, double front-entry doors with sectional windows adjacent and above, window surrounds, coach lights, a decorative garage door, window surrounds, and decorative "rosette" foam attic vents. In addition, the applicant is proposing to incorporate an approximately two hundred (200) square-foot deck with thirty-six inch (36") wrought-iron railing that will be located directly above the attached two (2) car garage. The north elevation will include window surrounds, a belly band and a decorative dormer that will include a "rosette" foam attic vent. The south elevation will include a fireplace chimney with cap, window surrounds, a belly band, and a coach light adjacent to the "French" side-entry doors. The rear (west) elevation will include a solid covered rear patio with stucco columns, window surrounds, a rosette attic vent, and a turret-like architectural pop-out to be located adjacent to the rear solid covered patio. It should be noted that the roof of the solid covered patio will incorporate the same concrete tiles as proposed on the main dwelling unit. Furthermore, the applicant is proposing to incorporate a six-foot (6') high wood fence AGENDA ITEM ~ PAGE~O~O REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) along the rear and interior of the property. Decorative stuccoed capped block pilasters with wrought-iron fencing will connect to the proposed side-yard fencing and will return to the main dwelling unit. Furthermore, the applicant is also proposing to create a front-entry courtyard that is consistent with Mediterranean architecture by installing six-foot (6') stuccoed capped block pilasters with wrought-iron fencing and an entry gate that connects from the north interior property line to the side of the attached two (2) car garage. All stuccoed capped block pilasters will match the stucco of the main dwelling unit. Landscaping The applicant is proposing to landscape and automatically irrigate the front-yard. Proposed landscaping will include five (5) five-gallon Photinia Fraseri shrubs; twelve (12) five-gallon Raphiolepsis Indica shrubs along the front of the garage and main- dwelling unit; Yellow Ganzania groundcover within the front-entry courtyard; and a tall Fescue grass blend turf in the front-yard and on either side of the proposed driveway. In addition, the applicant is proposing three (3) fifteen (15) gallon Liquid Amber Styraciflua (American Sweet Gum) along Pinnell Street and adjacent to the garage. It should be noted that there is three (3) existing Palms located at the front of the property line along Pinnell Street. Pursuant to Chapter 5.78 (Significant Palm Trees); the applicant is proposing to comply with the Significant Palm Tree ordinance by incorporating the existing palms as part of the front-yard landscaping. Due to the existing grade of the lot, the applicant will have to create a rear-yard slope in order to create a flat buildable pad. The applicant will landscape and automatically irrigate the rear-yard slope, which is necessary for erosion control purposes. Staff has added a condition of approval mandating that the applicant submit a rear-yard irrigation and landscape plan prior to the issuance of a building permit. Prior to Certificate of Occupancy, the applicant will plant one (1) twenty-four inch (24") box street tree for every thirty-feet (30') of street frontage. The proposed street trees, prior to installation, will be selected from the City approved street tree list and approved by staff for planting location. AGENDA ITEM \ PAGE~OF~ REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) Color and Materials Roof Walls Stucco Trim/Columns/Pilasters Fascia Board "Concord Blend" "Fallbrook" X-43 "Sandstone" X -86 "Burb Bei e" ANAL YSIS Staff has reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l, Single- Family Residential District), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) including but not limited to; density, setbacks, landscaping, parking, and lot coverage. Siting The proposed project complies with all setback, height, and lot coverage requirements ofthe R-l (Single-Family Residential) zoning district. For example, the total building footprint, which includes the first-floor of the dwelling unit, two (2) car garage, covered solid rear patio, and front-entry porch will occupy approximately twenty-two percent (22%) of the net lot area and is consistent with the R-l (Single-Family Residential) development standards; which permits a maximum net lot coverage of fifty percent (50%). Further, the site plan will meet all applicable development standards and criteria outlined in the R-l (Single-Family Residential) Zoning district and the Residential development standards outlined in the LEMC. In addition, Section 17.23.080 of the LEMC requires that rear-yard slopes shall not be permitted within fifteen-feet (15') of the main dwelling unit. The applicant has complied with this section of the code by locating the rear of the dwelling unit approximately fifteen-feet (15') from the bottom of the slope. AGENDA ITEM \ PAGE~OFSO REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) Architecture, Colors and Materials The architecture of the proposed two-story single-family residence located at 29414 Pinnell Street (APN: 378-171-009/010) is consistent with the style and design of existing single-family residences located within the vicinity. Furthermore, the proposed colors and materials to be incorporated on the proposed two-story single-family dwelling unit is consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that it provides an aesthetic quality that lends to the overall achievement of a well balanced single-family residential district. Landscaping The minimum landscape coverage requirements for in-fill single-family dwelling units is that the front-yard shall be fully landscaped and automatically irrigated as outlined in Chapter 17.14 (Residential Development Standards) of the LEMC. The applicant has met this requirement by proposing a fully landscaped automatically irrigated front- yard. Furthermore, the proposed project complies with Chapter 5.78 (Significant Palm Trees) of the LEMC by incorporating the three (3) existing palm trees at the front of the property along Pinnell Street into the proposed landscaping plan. Furthermore, the Single-Family Residential Design Guidelines recommends that all slopes in excess of three feet (3') shall have permanent irrigation systems and erosion control vegetation. The applicant complies with the purpose and intent of the of the design guidelines in that the applicant is proposing to automatically irrigate and vegetate the rear-yard slope. Staff has added a condition of approval mandating that prior to the issuance of a building permit, the applicant shall submit a irrigated landscape plan for the rear-yard slope; which is to be reviewed and approved by the Community Development Director or designee. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303(a) (New Construction or Conversions of Small Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall AGENDA ITEM \ PAGE -'- OF ~ REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 29414 PINNELL STREET (APN: 378-171-009/010) therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2006-_ approving the proposed single-family residence based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: (/)mmtL Rolfe M. Preisendanz, Director of Community Development ~ ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA-NOTICE OF EXMEPTION 5. VICINITY MAP/LOCATION MAP 6. PRELIMINARY SITE/LANDSCAPE PLAN 7. PRELIMINARY GRADING PLAN 4. FLOOR PLAN 6. BUILDING ELEV ATIONS/ROOF PLAN AGENDA ITEM \ PAGE ~ OF 'X> VICINITY MAP MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 29414 PINNELL STREET APN: 378-171-009/010 \ GUN^" 'l:I?SO 'IV s.,. PLANNING COMMISSION OCTOBER 17, 2006 AGENDA ITeM NO. \ PAGE b OF 30 RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY RESIDENCE WHEREAS, Juan Reveles has filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for a single-family dwelling unit on property located approximately 215-feet southwest of Gunnerson Street and 20-feet northwest of Pinnell Street, at 29414 Pinnell Street (APN: 378-171- 009/010) (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering, approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, public 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 hearing held with respect to this item on October 17,2006. 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 dwelling unit and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the R-l (Single-Family Residential) development standards. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code gg 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. gg 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ I 5303(a)). SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), 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 bt( located. ACENDA m:M NO. \ PACE ~ OF '30 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F4 The Project complies with the goals and objectives of General Plan designation Future Specific Plan J (Country Club Heights #1) and the zoning district R-1 (Single-Family Residential). The General Plan designation of Future Specific Plan J (Country Club Heights #1) is intended to provide for a range of housing densities and some limited commercial and industrial uses. The primary objective for Future Specific Plan J is the consolidation of multiple lots into viable building sites. The maximum permissible average residential density within Future Specific Plan J is six (6) dwelling units to the acre. The R-1 (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. The approval of the Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within R-1 (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project will contribute to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project incorporates elements of "Mediterranean" style architecture and will provide a well rounded design while maintaining the desirable rural characteristics and base framework to achieve quality and compatibility in the physical design of the developing portions of the City and to enhance the existing developed areas within General Plan designation Future Specific Plan J (Country Club Heights #1) and zoning designation R-1 (Single-Family Residential). 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the Project design incorporates a forty-six foot (46') front-yard setback, a fifty-two foot (52') rear-yard setback, sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing projects in that the applicant is providing elements of "Mediterranean" style architecture which includes: an arched front-entry porch, double front-entry door with sectional windows adjacent and above, window surrounds, coach lights, a decorative garage door, window surrounds, a belly-band, "rosette" foam attic vents, and a concrete tile roof The color palate selectedfor the Project includes: La Habra stucco painted "Fallbrook, " stucco/column trim painted "Sandstone, " ACENDA ITEM NO. PAGE \ 0 \ OF 3>0 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F4 fascia board painted "Burbury Beige, " and concrete tile roof shingles by Eagle Roofing Products in a "Concord Blend. " 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a) the Project is exempt from environmental review because it involves the construction of one single- family residence in a residential zone. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070, the Project has been scheduled for consideration and action of the Planning Commission on October 17, 2006. The Project has also been conditioned to comply with the LEMC. For example, condition of approval Number 8 states: "All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The Applicant shall meet all required setbacks and development standards pursuant to the R-l (Single-Family Residential) zoning district. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. ACENDA ITEM NO. \ PACE )\ - OF_30 -' PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F4 PASSED, APPROVED AND ADOPTED this 17th day of October, 2006, 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. \ PACE \~ OF 30 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 29414 Pinnell Street (APN: 378-171-009/010) OCTOBER 17, 2006 OCTOBER 26, 2006 APPROVAL DATE: EFFECTIVE DATE: PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. A....,.:'., ;:1 \ PACE \ '3> vr 30 4. Minor Design Review approval of a single-family dwelling unit located at 29414 Pinnell Street (APN: 378-171-009/010) will lapse and become void one (l) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 7. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 8. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R-l (Single- Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 1 O.If the applicant proposes to remove or relocate any existing palm trees, he/she will have to ascertain a permit from the Community Services Department prior to removal, pursuant to Chapter 5.78 (Significant Palm Trees) of the LEMC. 11.All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 12.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. AOENDA ITEM NO. \ PAOE \ lI... OF 30 l3.The Applicant is to meet all applicable City Codes and Ordinances. 14.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. 15. 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. 16. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 17.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 18.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 19. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 21.Driveways shall be constructed of concrete per Building and Safety Division standards. AC""'~;::"'A .,..,::,~.~ ~'t, \ "Jt.,~~J !,'.i",.'!4.'Y. PACE \ S" "~.:;~O--" 22.All walls or fences located in any front yard shall not exceed thirty-six inches ~36"). in heigh~ w~th the exception that wrought-iron fences may be five feet (5') m heIght. Cham Imk fences shall be prohibited. 23. 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 the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 24.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 25. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 26. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 27.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he/she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 28.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. 29.The applicant shall pay park-in-lieu fees in effect at the time, prior to issuance of building permits. 30. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) ACENOA 'TEM NO. \ PACE I b -~F 3D - - prior to obtaining building permits. 31.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b )(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, 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. 32. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 33. The applicant/developer shall submit a "Will Serve" letter to the City Planning 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. The applicant shall submit this letter prior to applying for a building permit. 34.Prior to the issuance of a building permit, the applicant shall submit assurances to the Planning Division that he/she has applied for a lot merger from the City's Engineering Division. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 35.The applicant shall plant twenty-four inch (24") box street trees on center (o.c.), selected from the City Street Tree List, a maximum of thirty feet (30') apart 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. AGENDA ITEM NO. PACE. CL \ OF 30 ., 36. The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 37. 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. 38.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. 39.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 40. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 41.Prior to the issuance of a Certificate of Occupancy, the rear and side yard slope shall be automatically irrigated and fully landscaped with erosion control vegetation. ENGINEERING DIVISION GENERAL CONDITIONS 42.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to the issuance building permit. 43. The process and meet all parcel merger requirements prior to building permit. 44. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for ACENDA ITEM NO. PACE \~ \ OF 30 the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 45.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 46. The applicant shall provide fire protection access and facilities as required in writing by the Riverside County Fire Department. 47.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. 48.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 shall include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available upon request to "agutierrez@lake-elsinore.org". DEDICATIONS 49.The applicant shall dedicate a ten-foot (10') slope easement or right of way along the Pinnell Street property line for future street alignment prior to issuance of building permit (pursuant to Resolution No. 87-64). 50.All public right-of-way dedications shall be prepared by the applicant or his agent. All deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 51.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 52. The applicant shall pay all fees and meet all requirements of an encroachment AGENDA ITEM NO. \ PACE~OF '30 - permit issued by the Engineering Division for construction of off-site public works improvements (pursuant to LEMC12.08 and Resolution No. 83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 53. The developer/applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit. 54. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 55.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 56. The applicant shall provide soils, geology and seismic report, as part of this report and address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide a final soils report showing compliance with recommendations. 57. The applicant is to provide erosion control measures as part of the 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. 58.All grading shall be done under the supervision of a geotechnical engineer and he/she shall certify that all slopes steeper than (2 to 1) have stability and proper erosion control measures incorporated. ACENDA ITEM NO. \ PAGE QO OF__>a DRAINAGE 59.All on-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a dramage easement. 60.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. 61.All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs shall drain to a landscaped area. All driveways shall be sloped to drain into a landscaping area prior to entering street facilities. 62. The applicant shall submit a Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. The developer/applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES 63. The applicant shall pay all Capital Improvement and Plan Check fees (pursuant to LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $1,311 (Riverside So. Dist. and the current TUMF amount is $9,693.00, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. 64. The applicant shall provide in-lieu payment for future off-site public improvements prior to building permit.(pursuant to Resolution No. 86-35). All in-lieu payments shall be calculated by the developers' engineer or architect and submitted for the City Engineer's approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits; plus a 15% added cost for engineering and construction administration. STORMWATERlCLEANWATER PROTECTION PROGRAM 65.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 ACENOA ITEM NO. \ PAce ~ \_OF )0 0: local surface waters. This includes non-storm water discharges containing 011, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall for review. 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 as well as state and federal law. COMMUNITY SERVICES DEPARTMENT 66. The developer/applicant is to pay park fees of 1,600 dollars per unit. 67.The developer/applicant is to comply with all NPDES storm water requirements. 68. The developer/applicant is to participate in the City-wide LLMD. 69. The developer/applicant is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 70. The developer/applicant is to meet City curb, gutter, and sidewalk requirements. 71.The City's Landscape Architect is to review all landscape and/or irrigation plans. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 72. Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. \ AOENDA ITEM NO. PACE ~~ OF 30 City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 471-1419 fax Notice of Exemption Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 I8J County Oerk of Riverside County 2724 Gateway Drive Riverside,CA 92507 Project Title: Minor Design Review of a Single- Family Residence located at 29414 Pinnell Street (APN: 378-171-009/010) Project Location (Specific): The proposed project is located approximately 215-feet southwest of Gunnerson Street and 20-feet north of Pinnell Street at 29414 Pinnell Street. More specifically, the property is located within the R-1 (Single-Family Residential) Zoning district and has a General Plan designation of Future Specific PlanJ (CountryOub Heights # 1). Project Location (GtJ?: Gtyof Lake Elsinore Project Location (CountJ?: Riverside County Description of Nature, Pwpose, and Beneficiaries of Project: The applicant is proposing to develop a 2,371 square-foot two-story single-family residence with an attached 514 square-foot two (2) car garage, a 96 square-foot front entry porch, and a 134 square-foot covered solid rear patio. The proposed project will have a net lot coverage of approximately twenty-two percent (22%). Name of Public Agency Approving Project: Gty of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, Gtyof Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) 181 GJ.tegorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Oass 3 (a) New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Justin Carlson, Associate Planner Telephone Number: (951) 674-3124 x 295 Signed: Rolfe M Preisendanz Title: Director of Community Development ACENDA ITEM NO. PACE ?.. ~ \ OF 1> 0 orSl6 "10 '3~ONIS13 3)flfl lS 113Nld tolto6l S313A3~ NVnr , I I I I · , I ...1- t I ~ I - I ~! ~ IIUI. 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' m I ; q ~dl I~h ~Jihq!LI ~ I~ ..In ~u wJ~~J .l.l ~ W ..J )- l- ll) ~ i= ~ W ..J W :o~ <to w}, -~l u. ,..0/ g~ :a~ ~: _. I.U -/ (,) fCf O~SZ6 V';) '3~ONIS'3 3>1Vl 'lS I"l3Nld V 1 v6Z S3'3A3~ NVnr .... Ii il --- ......... 1Ift.__ -,g,,- ".D_iaW --.:+~..--- N011'::J35 ---:~ -~ .;, ifV\ :s w ... LU -0 ~~ MQ; i CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 17, 2006 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) APPLICANT: JULIAN SUAREZ: P.O. BOX 8832, MORENO VALLEY, CA 92553 OWNER: SAME PROJECT REQUEST The applicant is requesting design review consideration for a conventionally built single-story single-family dwelling unit pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l Single- Family Residential District), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On June 1, 2006 the Design Review Committee (DRC) reviewed the plans for the proposed single-family dwelling unit and provided several substantive comments on the proposed architectural design, building massing, fencing, and landscaping. The DRC recommended that the applicant incorporate additional architectural elements on the front-entry, enhanced base furring, window surrounds, proposed fencing, and landscaping. Once revised, the applicant re-submitted plans along with building elevations which incorporated the DRC recommendations. O ~ - ACENOA \TEM N '- 'J.""\ \ OF - PACE_ -- REPORT TO PLANNING COMMISSION OCTOBER 17,2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) PROJECT LOCATION The approximately .25 acre vacant site is located approximately 145- linear feet northwest of Machado Street and 20-linear feet southwest of Larson Road at 15087 Larson Road. More specifically, the property is located within the R-l (Single-family Residential) Zoning district and has a General Plan designation of Low Medium Density (LMD) (APN: 379-080-050). ENVIRONMENTAL SETTING South R-l (Single-Family Residential Residential R-l (Single-Family Residential Residential R-l (Single-Family Residential Vacant R-l (Single-Family Residential Residential R-l (Single-Family Residential Density North Density East Density West Density PROJECT DESCRIPTION The applicant is requesting design review consideration for the design and establishment of a 1,986 square-foot single-story single-family residence with an attached 749 square-foot three (3) car garage and a 234 square-foot front entry porch. The proposed 1,986 square-foot residence will include three (3) bedrooms with a fourth den/bedroom option, two (2) bathrooms, a dining room, a living room, a family room, a kitchen, a nook, and laundry room. In addition, the proposed residence will also have one (1) fully enclosed three (3) car garage and a 234 square-foot front-entry porch. AGENDA1TEM ':{ PAGE~OF21 REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) Siting The proposed single-story single-family dwelling unit will be located on a relatively flat, previously graded, lot located within the R-I (Single-Family Residential) zoning district. Architecture The front (northeast elevation) will include a decorative stone base furring, coach lights, arched windows with lites, window surrounds, an arched front-porch entry, double front-entry doors, and a light-weight concrete tile roof. In addition, the applicant is also proposing six-foot (6') high stucco block pilasters with wrought iron return wall fencing on both sides of the proposed dwelling units. It should be noted that the proposed block pilasters will aesthetically match the stucco on the dwelling unit. The side elevations, (both northwest and southeast elevation), will include window surrounds on all window sections that are visible above the proposed side yard fencing, decorative vents directly below the roof line peaks, and a cap for the proposed chimney. Furthermore, there are two (2) windows located on the side ofthe garage and the front-entry porch that will be arched with surrounds and window lites. The rear (south) elevation will also have window lites with decorative surrounds on all sections of the windows that will be visible above the proposed fence line. The applicant is also proposing double French doors on both ends of the rear elevations as well as coach lights directly adjacent to these doors. In addition, an approximately338 square- foot open lattice rear patio cover is proposed. Furthermore, the applicant is proposing to incorporate a six-foot (6') high wood fence along the southeast interior lot line. The rear property line has both an existing wood fence and an existing chain link fence on the subject's side of the property line. It should be noted that the applicant is proposing to remove the existing chain link fencing. The northwest property line currently has an existing solid block wall six-foot (6') in height that extends from the rear to the front of the property. However, within the front-yard setback, the existing wall discontinues being solid and incorporates a AGENDA ITEM 2.. PAGE..2- OF m REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) solid base with open wrought iron top. Color and Materials Roof Walls Window TrimJDoor Trim Base Furring Brown L.W. Concrete Tile X-I7 La Habra Stucco Base 200 Stucco Foam/Wood Ledge stone Rear "0 en Trellis" Patio "Mis " White Rustic Southern White R.S. Wood Landscaping Front and rear yard landscaping will be installed and will include an automatic irrigation system and a rain sensor, which will assist in the conservation of water. Front-yard landscaping will include "Blue Grass" ground cover, multiple five (5) gallon (Bay Laurel) shrubs, three (3) fifteen (15) gallon palm (Phonix Robeleni), and four (4) fifteen (15) gallon "Japanese Maple" trees. The rear yard will include a "Blue Grass" ground cover, which will cover the one-hundred percent (100%) expansion area of the proposed septic system. It should be noted that prior to Certificate of Occupancy, the applicant will plant one (1) twenty-four inch (24") box street tree for every thirty-feet (30') of street frontage. The proposed street trees, prior to installation, will be selected from the City approved street tree list and approved by staff for planting location. ANAL YSIS Staffhas reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.23 (R-l, Single- Family Residential District), and Chapter 17.66 (Parking Requirements) of the Lake AGENDA ITEM :{ PAGE ~ OF:L\ REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) Elsinore Municipal Code (LEMC) including but not limited to; density, setbacks, landscaping, parking, and lot coverage. Siting The total building footprint, which includes the dwelling unit, three (3) car garage, and front-entry porch will occupy approximately twenty-eight percent (28%) of the net lot coverage and is consistent with the R-l (Single-Family Residential) development lot coverage requirements; which permits a maximum net lot coverage of fifty percent (50%). In addition, the site plan will meet all applicable development standards and criteria outlined in the R-l (Single-Family Residential) Zoning district and the Residential Developments Standards outlined in the LEMC. Architecture and Colors and Materials The architecture of the proposed single-story single-family dwelling unit located at 15087 Larson Road (APN: 379-080-050) is consistent with style and design of existing single- family residences located within the vicinity. Furthermore, the proposed colors and materials to be incorporated on the single-story single-family dwelling unit are consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that the residence provides an aesthetic quality that lends to the overall achievement of a well balanced single-family residential district. Landscaping The minimum landscape coverage requirements for in- fill single-family dwelling units is that the applicant landscape the front yard with an automatic irrigation system as outlined in Chapter 17.14 (Residential Development Standards). The applicant has met this requirement by proposing a fully landscaped automatically irrigated front-yard. Furthermore, the applicant is proposing to turf and automatically irrigate the rear yard and incorporate a rain sensor for the front and rear yards, which will assist in the conservation of water. AGENDA ITEM 1 PAGE5-0F~ REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PROJECT TITLE: MINOR DESIGN REVIEW OF A SINGLE-F AMIL Y RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303(a) (New Construction or Conversions of Small Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2006-_ approving the proposed single-family residence located at 15087 Larson Road (APN: 379-080-050) based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ~~ Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA-NOTICE OF EXMEPTION 5. VICINITY MAP/LOCATION MAP 6. PRELIMINARY SITE/LANDSCAPE PLAN 7. PRELIMINARY GRADING PLAN 4. FLOOR PLAN 6. BUILDING ELEV ATIONS/ROOF PLAN AGENDA ITEM ~ PAGE~OF2J VICINITY MAP MINOR DESIGN REVIEW OF SINGLE FAMILY RESIDENCE 15087 LARSON ROAD PLANNING COMMISSION AGENt)A 'T~M NO. d PAGe_ I OF~ RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE-FAMILY RESIDENCE WHEREAS, Julian Suarez has filed an application with the City of Lake Elsinore requesting approval of Minor Design Review for a single-family dwelling unit on property located approximately l45-feet northwest of Machado Street and 20-feet southwest of Larson Road, at 15087 Larson Road (APN: 379-080-050) (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Minor Design Review requests for residential projects; and WHEREAS, public notice of 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 hearing held with respect to this item on October 17,2006. 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 dwelling unit and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the R-l (Single-Family Residential) development standards. 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. ~~ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the Planning Commission makes the following findings for the approval of the Project: ACENDA ITE~O. ~ PAceD OF ~l PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F4 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of General Plan designation Low Medium Density (LMD) as well as R-J (Single-Family Residential) zoning district. The General Plan designation of Low Medium Density (LMD) is intended for quality single-family homes in areas of generally level topography with available public services and infrastructure and has been located in areas where services are not immediately available but can be extended without causing substantial over-extension offacilities. The R-J (Single-Family Residential) zoning district is intended to accommodate low density projects comprised of quality single-family residences developed in an urban environment with available public services and infrastructure. Approval of the Project will assist in achieving the development of a well balanced and functional mix of residential, limited commercial, limited industrial, open space, recreational and institutional land uses by providing additional affordable housing within R-J (Single- Family Residential) zoning district and the City of Lake Elsinore. The Project contributes to the development and maintenance of a broad range of housing types for all income groups and age categories. The Project, which incorporates elements of "Ranch" style architecture, will provide a well-rounded design while maintaining the desirable rural characteristics and base framework to achieve quality and compatibility in the physical design of the developing portions of the City, and to enhance the existing developed areas within General Plan designation Low Medium Density (LMD) and R-J (Single-Family Residential) zoning designation. 2. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed single-family residence has provided: a forty-foot (40') front- yard setback, a fifty-three foot (53') rear-yard setback, sufficient front-yard landscaping, and safe and sufficient on-site vehicular circulation. Further, the Project will complement the quality of existing projects in that the applicant is providing elements of "Ranch" style architecture which AGENDA ITEM NO. PAGE ~ ~ OF ~l ..-- PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 3 OF 4 includes: Ranch style window surrounds with divided window lites, decorative coach lights, ledge stone base veneer (Rustic Southern), arched front-entry columns, a chimney with a cap, and a concrete tile roof In addition, the applicant is providing a variety of colors and material which include: La Habra stucco painted "Misty," widow/door trim painted "white, " a rear open-trellis wood patio painted "white" and a "brown" light-weight concrete tile roof 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single- family residence in a residential zone. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to LEMC Section 17.82.070 the Project has been scheduled for consideration and action of the Planning Commission on October 17, 2006. The Project has also been conditioned to comply with the LEMC. For example, condition of approval Number 8 states: "All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The Applicant shall meet all required setbacks and development standards pursuant to the R-l (Single-Family Residential) Zoning district. " SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. ~ PACE \0 OF~ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F4 PASSED, APPROVED AND ADOPTED this 1 ih day of October, 2006, 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 ACENDA ITeM NO. ~ PAGe \~ ~ CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: MINOR DESIGN REVIEW OF A SINGLE- FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) OCTOBER 17, 2006 OCTOBER 26, 2006 APPROVAL DATE: EFFECTIVE DATE: PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall provide a method of screening subject to the review and approval of the Director of Community Development or his designee. AIlENDAITEM NO. ~ PAGE \ ?. OF 1 4. Minor Design Review approval of a single-family dwelling unit located at 15087 Larson Road (APN: 379-080-050) will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 7. All materials and colors depicted on the plans and materials board shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 8. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R -1 (Single- Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 10.All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. II.All roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 12. The Applicant is to meet all applicable City Codes and Ordinances. I3.A cash bond of $1,000.00 shall be required for any construction trailers placed ACENDAneM NO. d. . . '^'\ PAGE_ J~ OF v Q.l 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. 14.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. 15. 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. l6.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. I 7. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 18. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 1 9. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 20.Driveways shall be constructed of concrete per Building and Safety Division standards. 21.All walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. AGENDA ItEM "0,_ ~ -- PACI~OF ... 22. 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 the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 23.The applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 24. 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. 25. 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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 26.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he/she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to issuance of a building permit. 27.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. 28.Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six-foot (6') stuccoed block pilasters with wrought-iron fencing return walls on both sides of the proposed dwelling unit. In addition, the proposed stuccoed block pilasters shall aesthetically match the exterior stucco of the proposed dwelling unit. 29. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. AGENDA nEM NO. ~ PACE \S OF ~\ 30. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du/ac) prior to obtaining building permits. 3l.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, 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. 32.Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 33.The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34. The applicant/developer shall submit a "Will Serve" letter to the City Planning 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. The applicant shall submit this letter prior to applying for a building permit. 35.Prior to the issuance of a building permit, the applicant shall provide verification to the Planning Division that the proposed project lies outside the required distance for mandatory sewer connection. ACEfmA nEM NO. ~ PACEL \~._OF ~\ PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 36.The Applicant shall plant twenty-four inch (24") box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30') apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 37. The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 38. 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. 39.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. 40.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of a certificate of occupancy. 41. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL 42.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 43.The applicant/developer shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and ACi::N:JA 4iEM NO._ ~ PAQE-Jl ,-OF Q1 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. The applicant shall submit this letter prior to applying for a building permit. 44.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 45. The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 46.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. 47.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. 48. The original copy of grading plans to be submitted to engineering Department shall be on 24" x 36" Mylars with city specific boarder and title block and city specific grading notes all of which may be made available in digital files upon request via an e-mail to agutierrez@lake-elsinore.org. STREET IMPROVEMENTS 49.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 50. The applicant/developer shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. ACENDA CrEM NO. ~ PAGE \~uOF (J...\ GRADING 51. The applicant/developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit. 52. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to any grading activity. 53.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of cut and fill grading volume exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 54. The developer/applicant to provide erosion control measures as part of their grading plan. The developer/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. 55.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 56.All On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 57.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. AGENDA ITEM NO. ~ PAOE \ \ -OF 'cD 58.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. FEES 59. The applicant/developer shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $1,369.00 and the drainage fee is $1,284.00 (Northwest Lake Management. Dist.) and the TUMF amount is $9,693.00. 60. The applicant/developer shall pay in-lieu payment for future off-site public improvements prior to building permits (Resolution # 86-35), the amount shall be based on estimated quantities of the improvements and current cost of construction by the design engineer subject to the approval by the City Engineer. STORMWATERI CLEANWATER PROTECTION PROGRAM 61. 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. COMMUNITY SERVICES DEPARTMENT 62. The developer is to pay park fees of $1 ,600 per unit. 63. The developer will be required to participate in the "public facility" fee program. 64. The developer is to comply with all NPDES storm water requirements. ACENOA CTEM NO. PACe ~o hot... ~ OF ~Jn 65.The developer is to participate in the City-wide LLMD. 66. The developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 67. The developer is to meet City curb, gutter, and sidewalk requirements. 68.The City's Landscape Architect is to review all landscape and/or irrigation requirements. 69.The developer is to provide half-width street improvements. Lake Elsinore Unified School District 70.Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. AGENDA.TEM NO. ~ PAGE_ ~ \ OF. 11 Notice of Exemption City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 471-1419 fax Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [g] County Oerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Minor Design Review of a Single-Family Residence located at 15087 Larson Road (APN: 379-080-050) Project Location (Specific): The proposed project is located approximately 145-feet northwest of Machado Street and 20-feet southwest of Larson Road at 15087 Larson Road. More specifically, the project is located with the R-1 (Single-Family Residential) land use area and has a General Plan designation of Low Mediwn Density (LMD). Project Location (Gt}J: Gtyof Lake Elsinore Project Location (Count}J: Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is proposing to develop a 1,986 square-foot single-story single-family residence with an attached 749 square-foot three (3) car garage and a 234 square-foot front-entry porch. The total building footprint, which includes the dwelling unit, three (3) car garage, and front-entry porch; will occupy approximately twenty-eight percent (28%) of the net lot area. Name of Public Agency Approving Project: Gty of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, Gtyof Lake Elsinore Exempt Status: D Ministerial (Section 15073) D Declared Emergency (Section 15071 (a)) D Emergency Project (Section 15071 (b) and (c)) 181 Gltegorical Exemption (state type and section nwnber): Article 19 Gltegorical Exemptions Section 15303, dass 3 (a) New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Section 15303 of the Gllifornia Environmental Quality Act (CEQA). Contact Person: Justin Carlson, Associate Planner Telephone Nwnber: (951) 674-3124 x 295 Signed: Title: Director of Community Development Rolfe M Preisendanz ACENDAHEM NO. PAGE, ~ ~ OF J. 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I I...... ~ AGENDA CTEM NO. PAGE ~3 ~ OF ~\ I I VICINITY MAP, LOCATION " . MAP SHEET INDEX. ~ ~ PROJECT DATA & NOTES ~ 8 CONSULTANT: !::I- ~ DESIGN a: DBAFTlNG BY: o FB DESIGNS CU1J il!i 676G YARBOROUGH DR. c:::J ~::~:09f:85~:~ ~C!J FAX (009)352-9015 L:::J A PROPOSED REstDENCE FOR MR JULIAN SUAREZ 15087 LARSON ROAD LAKE ELSINORE. CA 92530 (71.) 299-8735 CEll , Ny ~L. '% " i:.~ #:~ 8e 'o;: -~ -'- ee' I] 2 QSd $: z " e I ";;=;;"","",,"" ~ ~ I; Ii !i1liiillllU = ~ :; I, Ililh11Ih!l. ~ ~I~; !:bIU1tIIU ~ : ~uhl ~ I f II ------,---------- ~ : I ARSON ROAD I] ~ z ~ " o ~ . > j . I ~ I PROPOSED PLOT PLAN . I Ii 1" & PRELIMINARY I :- i I ~ LANDSCAPE PLAN ..... """""" "'" I~~ Ii A PROPOSED RESlCElICE FOR MR JULIAN SUAREZ 15081 LARSON ROAD lAKE ELsrNORE. CA9253) (71-41 299-8135CEll ~s~ n ~~a~_ ~ i i~;~ A "it" (ZONER-l) 0~ ~~ ~ =--~-.:':;~~-~ --, ~ o~ ~;; S~ IL wi ....l1WOR CHAWIlOlS CI!. _______________J ~ $ lQ1Ol1;EXP~AAEA <"; ~ ---------------- ~ ~ <-<" I 'CD ! o ~ ~~ I ~~ I 1'1 w I ~ !, g~ ~:. ~g2 ~;!. ~ I~ \1 , l ~\.PfIOP[RlY - - 70.0'2O'~. -t- ~5 "" " 0 ~ c=J ~ '/)\J ;;J 0 ;;t. .. IIJI"..,:\1 rr)J:l m'" ! . ~i!:::.' Ci ~ ~g <:.~ ,:oc fVfUlIE CONe. CURB -{ ( \." ~ D~i "<Jl ~ 1 ~ CD I] ;;0 o I] o (/) fTl o I] r o -j I] r :t> Z I ARSON ROAD ---~- ~ QSd ii! I~ ~~ . Ii ~ E' .. o ~ CONSULTANT: ~ i ~'i" ~i;~ c:;l~ III 5'168 YARBOROUGH DIL U U RlVBRSJDE. CA.. 02505 c:=I n PHONE (Q08)785-aeOO n__c:J Fa (909)352-9015 L.:::J AGENDA ~TEM NO. PAGE lJ. ~ ~ OF \~l '\ \ \ ~ ) ( \ ~. '\ \ \ \ ~ \ ~ ~ .. "', !ii~ii I """".UN[ . ' ",,- ~ '~ \ \ ~ '- ~ I I I I I I ~I "i I I I I I I I I :=~::_,UN( <I ~~ ON ~g ",> no "'" "'I' r;; ~-::::. ~ \l'o; -" ,'- c:~ : I~ \ ) L. ~ \ -, ) I ARSON \ - )- QQ A. PROPOSEO RESlOE~""'" MR .~FOR 1 . JULIAN SUAREZ ,-=~~ROAD (11")299-a735~92530 ~ ~~ \ \ \ \ (- l ------- ~ '~ "-. i DBS[GN Ie: DRAFl'lNG BY- ~ FB DESIGNS' ~ 5788 YARD ~IDE O~OUGH DR CO p:XONE ((809).fa6!~505 c=J n 9(9)352-~~g Dc:.J J=:~-'--"- ,I I 'i ,~ , ~~ ~ ! ~. - ~ I .~ i 11 1 ~ 13'~5. I .- .. . f: ~ I 7- ". i~ ; ;! . ~ \J ;:0 o \J o (j) I'l o .- o. ., r o o ;:0 \J s;: z ~ " ,. r "' --~.- ~ ~~ ": >Pl ~ i FLOOR PLAN . S ! ! ~ ~ 10.6" 1-0' 52.'-0" A PROPOSED RESIDENCE FOR: CONSULTANT: ~ at D . ~ FB DESIGNS CUt] 5768 YARBOROUGH DR. ~ n :~::f:09f;85!2~~ ~LJ FAX (909)352-9015 L=:J MR. JULIAN SUAREZ 15087 lARSON ROAD LAKE ElSINORE, CA 92530 (714) 299-8135 CEll fTl X ~ fTl ;;0 o ;;0 II ~ ~l ~ , ~J If= :: ) IL~~ T II <==~ r~[~L p n hL ,i=- vl lln=="lJi I = ~ li II u ~_J (-1 u ~__J ~--l ~ --~I --, u I~ :. f g'-,"------.;.< ~ ~ 12'-0' ~ :" "i ~ --U1 I ~j I ~ I a ~ I /1 l.: ~~ j~ ~~ 6"-0. T3 I I I :;0 E3 C) I '1 :r: -1 I ;0 0 I z I -i ~ Z (J) -i 1 ~ MNO. PACE 'c;l"1 OF ?-"\ !' II S A PROPOSED RESIDENCE FOR CONSULTANT: i DESIGN II: DRAmNG BY: ,> EXTERIOR ELEVATIONS :'I ~ ~ MR JULIAN SUAREZ . ;,~ y~~~~~~~ ~J I ~H 15087 LARSON ROAD !J:.o:l % i: "" lAKE ELSINORE. CA 92530 :~::I~:09f4a5~~~~ 0 (114) 299-8735 CEU. FAX (909)352-9015 6'-0' ",. '" :':l i BE' I I I i I , I ' __-' I EEl I I I (J) 6 '" C -1 :r: I -i fTl , fTl ~ :::! o z (j) ~ u ~ m -. b. ~~- - ", 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: OCTOBER 17, 2006 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCA TED AT 988 MIRAMAR STREET 373-054-021 APPLICANT: ROBERT SKREDE AND NATALIE DOWELL 3590 ARLINGTON AVENUE RIVERSIDE, CALIFORNIA 92506 OWNER: SAME PROJECT REQUEST The applicant is requesting design review consideration for a conventionally built two story single family residence to be placed on a vacant lot pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Design Standards), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. PROJECT LOCATION The single family dwelling will be constructed at 988 Miramar Street at the southeast comer of Franklin A venue and Miramar Street in the area known as the Historic Overlay District of the City of Lake Elsinore. The Zoning and General Plan Designation are both Medium High Density Residential, Assessor Parcel Number 373- 054-021. ACENOA ITEM NO. '3 PAGE \ OF ')0 REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PAGE20F4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET APN 373-054-021 ENVIRONMENTAL SETTING Project Site North Vacant Vacant South Vacant East Vacant West Vacant MHD - (Medium High Densi MHD - (Medium High Densi MHD - (Medium High Densi R-l, Single Family Residential District MHD - (Medium High Densi MHD - (Medium High Densi MHD - (Medium High Densi MHD - (Medium High Densi Future Specific Plan Area 'K' MHD - (Medium High Densi ) PROJECT DESCRIPTION The applicant is proposing to construct a 3,835 square foot conventionally built single family residence with an attached 761 square foot garage on a 12,008 square foot (net) vacant lot. The total building footprint is 2,752 square feet or twenty-one percent (21 %) of the lot area meeting the maximum allowable building area of fifty percent (50%) per the requirements of the Historic Elsinore Standards. The project meets all requirements ofthe LEMC. The residence will include an interior entry, dining room, family room, kitchen, office, game room, bathroom and utility room on the first floor and three bedrooms and two bathrooms on the second floor. Architectural Design The architecture proposed is a Monterey style. Features include second story balconies with wood railing and covered roofs, paned windows with wide trim, shutters, cultured stone wainscot, multiple roof lines with rafter tails, and a tower structure. AGENDA ITEM '3 PAGE ~ OF'}Q REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PAGE30F4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCA TED AT 988 MIRAMAR STREET APN 373-054-021 The following is a summary of the materials and colors proposed: Wainscott Roofing Cultured Stone Concrete Tile Color San Simeon X-34, Beige La Habra X-73, Eggshell Vista 32, Shell White Natural stain Wisconsin Ledgestone Eagle Carlsbad Blend 2604, Multi Brown Architectural Feature Walls Window Trim Trim Material Stucco Foam/Stucco Wood Landscaping and Fencing An automatic irrigation system and landscaping will be provided along Miramar Street and Franklin Street which is approximately 3,099 square feet or twenty-four percent (24%) of the lot area. The applicant will utilize the following three (3) types of fencing on the irregularly shaped lot: 1) A five foot (5') tubular steel fence with five foot (5') decorative masonry pilasters will be constructed along the Miramar Street and Franklin Street frontages; and 2) The City Standard six foot (6') wood fence will be provided along the eastern and northern interior property lines, and 3) A six foot (6') tubular fence will be used along the farthest eastern property line and the southern property line in order to provide views of the rolling hills and the lake. ANALYSIS Staff has reviewed the project and found that with the attached Conditions of Approval, the residential project complies with the minimum requirements of the Lake Elsinore Municipal Code and the Historic Elsinore Architectural Design Standards including but not limited to density, setbacks, landscaping, parking and lot coverage. AGENDA ITEM ') PAGElOF~D REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 PAGE40F4 PROJECT TITLE: MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET APN 373-054-021 Additionally, Staff has determined that the single family residence will meet and/or exceed the quality of the existing homes in the area. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), this project is categorically exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) Class 3(a) that exempts up to three (3) single family residences. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2006-_ approving the Minor Design Review for the single family residence and associated improvements located at 988 Miramar Street - APN 373-054-021. Approval is based on the attached Findings, Exhibits, and Conditions of Approval. PREPARED BY: LINDA MILLER, AICP, PROJECT PLANNER APPROVED BY: ~ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA - NOTICE OF EXEMPTION 5. REDUCED EXHIBITS 6. COLOR AND MATERIAL EXHIBIT 7. FULL SIZED EXHIBITS 8. FULL SIZED COLOR ELEVATIONS (presented at Hearing) AGENDA ITEM ~ PAGE~OF2Q VICINITY MAP MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE 988 MIRAMAR STREET PLANNING COMMISSION ACiENOA ITEM NO. ') PAGE S ~ 0;-30 RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE WHEREAS, an application has been filed with the City of Lake Elsinore by Rob Skrede and Natalie Tornero requesting approval of a Minor Design Review for a single family residence to be constructed on a vacant lot located at 988 Miramar Street (APN 373-054-021); 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 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 hearing held with respect to this item on October 17,2006. 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 ("LEMC") and the Historic Overlay District. 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. ~~ 15000 et seq.) pursuant to a class 3(a) exemption for new construction or conversion of small structures (14 C.C.R. ~ 15303(a)). SECTION 3. That in accordance with Chapter 17.82 (Design Review) of the LEMC, 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 General Plan and the Zoning District in which the Project is located. AGENDA ITEM NO. ) PAGE b OF 30 PLANNING COMMISSION RESOLUTION NO. 2006-_ 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 Monterey 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 Historic Elsinore Architectural Design Standards by proposing Monterey style architecture. Features include second story balconies with wood railing and covered roofs, multiple paned windows with wide trim, shutters, cultured stone wainscot, multiple roof lines with rafter tails, and a tower structure. 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. Pursuant to CEQA Guidelines 15303(a), the Project is exempt from environmental review because it involves the construction of one single-family residence in a residential zone. 4. Conditions and safeguards pursuant to LEMC 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 LEMC Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission. The Project has been evaluated pursuant to LEMC Section 17.82.100 (Minor Design Review), all other provisions of the LEMC, and the Historic Standards. The Project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. ACENDA 'TEM NO. 3 PAGe ( OF 30 PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE30F3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, 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 AOENOA ITEM NO. 3 PACE ~ OF 30 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR 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, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. 2. The decision of the Planning Commission shall be final ten (10) 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 988 Miramar Street APN 373-054-021 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. AGENDA IltM NO. .) PAOE...,...l~... OF ...1Q.......... CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 6. 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 Community Development Director 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. 7. 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. 8. All windows shall use surrounds and/or other architectural-type features as shown on the approved plans or modified with the approval of the Community Development Director or designee. 9. At minimum the applicant shall use concrete tile or similar 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. 10.The applicant shall meet all applicable City Codes and Ordinances. 11.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. l2.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. ACENDA ITEM NO. 3 PACE_~OF_3o CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 13. 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. 14.The applicant shall meet all applicable County Fire Department requirements for fire protection. 15. The applicant shall meet all applicable Building and Safety Division requirements. 16.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. 17.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 18.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. 19. 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 Community Development Director or designee. The landscape plan shall be implemented prior to issuance of a Certificate of Occupancy. 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. ACENOA ITEM NO. '3 PACE \ \. OF 30 - .. CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 21. 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. 22. 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. 23.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. 24.Driveways shall be constructed of concrete per Building and Safety Division standards. 25.Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 26.The applicant shall be limited to the use of the following has elected to use three (3) types of fencing: 1) A five foot (5') tubular steel with five foot (5') decorative masonry pilaster shall be constructed along Miramar Street and Franklin Street; and 2) The City Standard six foot (6') wood fence shall be constructed along the eastern and northern interior property lines; and 3) A six foot (6') tubular steel fence shall be constructed along the farthest eastern property line and southern property line. 27.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. 28.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. AGENDA ITEM NO. 3 PAGE \~ OF 3D CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 29. 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. 30.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 31. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 32. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 33.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 34. 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. 35.The Applicant shall pay all applicable Library Capital Improvement Fund fee. 36.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b )(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square-footage ACENOA ITEM r~o. '3 PAGE \~ OF ~O 17" 1 _1. CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 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 37.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. 38.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. Submit this letter prior to applying for a building permit. 39.The applicant shall make arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley. Arrangements shall be the responsibility of the property owner or his agent. 40. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 41.1n 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. 42.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into the City's specific border and title block and include the City's 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". AGENDA ITEM NO. '3 PACE 14... OF 30 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET DEDICATION 43. The applicant shall dedicate a 10' wide strip of additional street right-of-way along the Franklin Street, and along the Miramar Street property lines to the City prior to issuance of building permit. 44. The applicant shall dedicate additional right-of-way for a standard comer cutback for the future curb return at the Franklin Street and Miramar Street comer of the lot. 45.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 46.Miramar Street shall be graded within its right of way and improved, with a 20' wide 3" AC on 4" AB centered at centerline of the roadway, 10' from centerline of Franklin Street to a least 5' beyond the driveway within Miramar Street (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permits (LEMC 16.34). 47. The driveway shall be located within Miramar Street at a safe distance Franklin Street curb return to allow adequate space on Miramar Street for a car before entering into Franklin Street. 48.A California 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 the LEMC (Chapters 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 Franklin Street and Miramar Street centerlines. AGENDA ITEM NO. ') PAGE. l S OF '>0 T"T r . ~ ___ ~._ CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 49.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. 50. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 51.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. 52.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. GRADING 53. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 54. 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 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. 55. The applicant shall 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. ACENDA ITEM NO. 3 PAGE 1 h OF 30 CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 56. The applicant shall provide soils, geology, and seismic reports, addressing the requirements of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide a final soils report showing compliance with the recommendations. 57.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 58.0n-site 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. 59.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. 60.Roof drains shall not be allowed to outlet directly through coring in the street curb. 61.Roofs should drain to a landscaped area. 62. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES 63.The applicant shall provide in-lieu payment for future off-site public improvements on Franklin Street prior to building permit (Res. 86-35). In-lieu payment shall be calculated by developers' engineer or architect and submitted for City engineer's approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration. AGENDA ITEM NO. '5 PACE 11. -OF ~o - ..- ", -:p- CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 988 MIRAMAR STREET 64. The applicant shall pay all capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $1,369.00; the current drainage fee is $1,995.00 (Town 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. STORMW A TER/ CLEANW A TER PROTECTION PROGRAM 65. 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-stormwater discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Stormwater 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. ACENOA ITEM NO. 3 PAGIL ''3:OF -2D Notice of Exemption City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 fax Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [8] County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Minor Design Review of a Single-Family Residence Project Location (Specific): The proposed project is located at 988 Miramar Street Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: This is a proposal to develop one (1) single family residence on a 12,008 (net) square foot vacant lot. The residence is a 3,835 square foot conventionally built structure with a 761 square foot attached garage. The General Plan designation and Zoning designation is MHD, Medium High Density. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person ! Agency Administrating Project: Linda Miller, Project Planner, City of Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) [8] Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Class 3 (a) New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the exemption requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Linda M. Miller Telephone Number: (951) 674-3124 x 209 Signed: Title: Director of Community Development Rolfe M. Preisendanz AGENDA'TEM NO. 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I I is II i d3i .'f · I I lib . ,. II d I; Ilia 'I IIJIl11i;1 III B !I',.i I II I S;!U I ~ g ! I II II II-II illlnll · @ @e@@e~ esse " ., ~.~;,., ;i,l.-~-!f~-: . oj ,r"\ f'v\ I i ILL. i .~. I . I o! ~' Ww '!.::u ~~ Z lUJ ~ 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: OCTOBER 17,2006 PREPARED BY: CAROLE K. DONAHOE, AICP, PROJECT PLANNER PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2006-07 FOR THE SLOPE STABILIZATION PLAN AT WASSON CREEK ("ROSETTA HILLS," TENTATIVE TRACT MAP NO. 31792 APPLICANT & OWNER: LENNAR HOMES, 40980 COUNTY CENTER DRIVE, SUITE 110, TEMECULA, CA 92591, ATTN: ELLEN MICHIEL, PROJECT MANAGER PROJECT REQUEST The applicant requests adoption of Mitigation Negative Declaration No. 2006-07, the environmental review document for the proposed Slope Stabilization Plan ("Plan") for Tentative Tract Map No. 31792. The Plan has been reviewed and approved by the City Engineer to perform remedial grading to reconstruct and stabilize an existing manufactured slope which was previously constructed but not completed in the early 1990s. PROJECT LOCATION Rosetta Hills, formerly approved as the Villages at Wasson Canyon, is located southeast of Highway 74, east of Interstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045,- 046, -050 thru -053; 347-360-003, -004 and -005. AOENDA ITEM NO. PACE \ ~ OF 10 REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 SLOPE STABILIZATION PLAN FOR TTM 31792 The Plan area is situated directly adjacent to the southeast side of Tentative Tract Map No. 31792, within Section 32, Township 5 south, Range 4 West, as depicted on the USGS 7.5-minute topographic quadrangle map for Lake Elsinore. BACKGROUND Upon the recommendation ofthe Planning Commission, the City Council of the City of Lake Elsinore approved Tentative Tract Map No. 31792 on September 28, 2004. On June 20,2006, the Planning Commission approved Residential Design Review No. 2005-20, which was conditioned to provide a Remediation Plan, and Mitigated Negative Declaration for Lots 49 thru 68 approved and adopted by the City Council. Lennar Homes has begun their development of Rosetta Hills, and the Remediation Plan has been reviewed and approved by the Engineering Department. ENVIRONMENTAL SETTING Rl Single Family Project Site Vacant Residential. Fox & Jacobs Homes North under construction, Ramsgate Specific Plan Ramsgate Specific Plan communI ark Rl Single Family Very Low Density South Vacant Residential & Residential (10 acre min) RR Rural Residential & Freewa Bus. Centex Homes & Ramsgate Specific Plan Ramsgate SP, Low East Elsinore Hills and RR Rural Medium & Very Low Elementary, under Residential Density Residential construction, vacant West Residential Coun Coun AGENDA ITEM 4 PAGE ~ OF \0 REPORT TO PLANNING COMMISSION OCTOBER 17,2006 SLOPE STABILIZATION PLAN FOR TTM 31792 PROJECT ANALYSIS Mitigated Negative Declaration No. 2006-07 was prepared by Michael Brandman Associates, under third party contract with the City. A Notice of Completion and Intent to Adopt a Mitigated Negative Declaration was sent to the State Clearinghouse and to adjacent property owners on August 15,2006 and August 25,2006 respectively. The City received four comment letters, three of which are included in the Response- To-Comments section of the Mitigated Negative Declaration. The fourth letter was received from the Riverside County Flood Control and Water Conservation District in which the agency indicated that they had "no comment." ENVIRONMENTAL DETERMINATION The Slope Stabilization Plan does not propose substantial changes to Tentative Tract Map No. 31792. With mitigation measures in place, no new significant environmental effects or an increase in the severity of previously identified significant effects are anticipated. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the design of this project. The applicant shall comply with mitigation measures established for Tentative Tract Map No. 31792 and for the Slope Stabilization Plan. RECOMMENDA TION Staff recommends that the Planning Commission recommend to the City Council adoption of Mitigated Negative Declaration No. 2006-07, based upon the findings set forth in the attached resolution and Exhibit 'B,' and subject to the Mitigation Monitoring Program attached thereto. Further, staff recommends that the Planning Commission recommend to the City Council that the project is exempt from the MSHCP based upon the findings set forth in the attached resolution. AGENDA ITEM 4- PAGE 2- OF to REPORT TO PLANNING COMMISSION OCTOBER 17,2006 SLOPE STABILIZATION PLAN FOR TTM 31792 PREPARED BY: CAROLE K. DONAHOE, PROJECT PLANNER APPROVED BY: ~. Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. Exhibit' A' - Vicinity Map 2. Resolution No. 2006- _, recommending adoption of Mitigated Negative Declaration No. 2006-07 and the Mitigation Monitoring Program attached thereto. a. Exhibit 'B' - Mitigated Negative Declaration No. 2006-07 document (Separate Cover) 3. Resolution No. 2006-_, recommending a determination of exemption from the MSHCP. 4. Exhibit 'c' - Slope Stabilization Plan (For Information Only) AGENDA ITEM ~ PAGE -k OF ill EXHIBITLi 'A / - AGENDA fTEM NO. 4 PACE 5 OF \0 RESOLUTION NO. 2006-_ 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 MITIGATED NEGATIVE DECLARATION NO. 2006- 07 AND THE MITIGATION MONITORING PROGRAM APPERTAINING THERETO, FOR THE SLOPE STABILIZATION PLAN AT WASSON CREEK, IN TENTATIVE TRACT MAP NO. 31792 WHEREAS, Lennar Homes has filed an application with the City of Lake Elsinore to remediate and stabilize an existing manufactured slope (the "Project"); and WHEREAS, the Slope Stabilization Plan qualifies as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially significant environmental impacts could be mitigated to a level of insignificance with the mitigation measures and conditions of approval imposed onthe Project. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-07 to address the potentially significant environmental impacts; 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 environmental documents; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community ACENDA !TEM NO. ~ PACf b. OF \0 PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE20F3 Development Department and other interested parties at a public hearing held with respect to this item on October 17,2006. 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 Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program prior to recommending to the City Council that the documents be approved. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Mitigated Negative Declaration No. 2006-07 and the related Mitigation Monitoring Program: 1. On the basis of the whole record before the Planning Commission, including the initial study and both verbal and written testimony received from the public, there is no substantial evidence that the project will have a significant effect on the environment. 2. Based on the lack of native habitat on the Project site, there is no potential for the Project to affect the fish or wildlife species or plants or plant communities. No known historical or prehistoric resources exist on the Project site. 3. The Project does not have individual nor cumulative impacts that would be deemed considerable. 4. The Project will not result in any significant impacts to human beings. Sufficient construction control measures have been identified to reduce short-term construction impacts to below a level of significance. Compliance with the many federal, state and local regulations already placed on the Project will ensure that the AGENDAITENlNO.~ PAGE ---1 OF JQ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE30F3 Project contains sufficient prevention and containment measures to reduce any hazards associated with storage, use and transport of hazardous substances to a less than significant level. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: A YES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABST AIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. ~ PAGE i. OF kL RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS SLOPE STABILIZATION PLAN FOR WASSON CREEK ("ROSETTA HILLS") AND ASSOCIATED MITIGATED NEGATIVE DECLARATION NO. 2006- 07 IS EXEMPT FROM THE WESTERN RIVERSIDE COUNTY MUL TI-SPECIES HABIT AT CONSERV A TION PLAN ("MSHCP") WHEREAS, pursuant to a condition of approval imposed upon Design Review No. 2005-20, which was approved by the Lake Elsinore Planning Commission on June 20, 2006, Lennar Homes, c/o Ellen Michiel, has submitted a Slope Stabilization Plan for Wasson Creek ("Rosetta Hills") to perform remedial grading to reconstruct and stabilize an existing manufactured slope (the "Project"); 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.), Mitigated Negative Declaration No. 2006-07 and a Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; 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 October 17,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby determines that the Project is exempt from the MSHCP for the following two reasons: First, the Slope Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 constitute a part of the whole action related to development of the Villages at Wasson Canyon. The Slope Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 have been drafted in satisfaction of the conditions of approval for Design Review No. 2005-20. The AGENDA ITEM NO. Cr PACE , OF lO , PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F2 Slope Stabilization Plan and Mitigated Negative Declaration No. 2006-07 do not constitute a new discretionary project for purposes of environmental review. Second, the Slope Stabilization Plan outlines remediation for slopes that were scarred and developed as part of the formation ofCFD No. 90-3. The Project site has already been disturbed by grading activities as part of the CFD development. Given the level of disturbance, no sensitive habitat exists on the site worthy of preservation or dedication. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of October, 2006, 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.. ~ PAGE~OF 0 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: OCTOBER 17, 2006 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: CONTINUANCE OF COMMERCIAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARCHITECTURAL TEAM THREE (ATTN: LON BIKE), 23905 CLINTON KEITH ROAD, SUITE 114, WILDOMAR CA 92595. OWNER: CANYON PLAZA PARTNERS LLC. (ATTN: BRETT KESHTKAR) PROJECT REQUEST The applicant is requesting Design Review consideration for the design and construction of a two-story 14,500 square-foot professional office building and an associated Tentative Tract Map for Condominium purposes on a .69 acre vacant site within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363-670-009. AGENDA ITEM 5 PAGE~OF(O PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 BACKGROUND The Planning Commission considered this project at their October 3, 2006 meeting. At that time, the project applicant contested several recommended conditions of approval involving the Planning and Engineering Division(s) and the Administrative Services Department. The Planning Commission subsequently directed that the item be continued to the October 17, 2006 Planning Commission meeting in order to provide time for each Division and Department to work out the issues associated with their conditions. Additionally, subsequent to the October 3rd meeting, planning staffwas made aware of a possible inconsistency regarding the allowed maximum Floor Area Ratio for the proposed project. This issue is also discussed below. DISCUSSION The specific contested conditions are listed below followed by staff s response in italics: PLANNING DIVISION CONDITIONS: 17. The property owners of APN 363-670-009 (Office Condominium Property) and the property owners of APN 363-670-001 (Property Adjacent and to the North) shall negotiate and record a Reciprocal Access and Parking Agreement wherein both property owners agree to allow the motoring public to travel and park on either property in order to access the other property. The agreement shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. Although, the applicants are not opposed to providing a Reciprocal Access Agreement between their property and the Washington Mutual property to the north to allow for motorists to access both sites, the applicants are opposed to providing a Reciprocal Shared Parking Agreement. Staff concurs that shared parking is not appropriate between the sites. In addition, the applicants have now provided evidence to staff which indicates that a reciprocal access easement was previously recorded across the entire width and length of the Washington Mutual access driveway as shown and recorded on the underlying AGENDA ITEM l PAGE ---2- OF 10 PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 Parcel Map that originally created the subject properties. Therefore, staff recommends that the condition be deleted. ADMINISTRATIVE SERVICES DEPARTMENT CONDITIONS: 82. 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. Upon consulting with Dennis Anderson of Harris & Associates, staff learned that Mello-Roos Community Services District No. 2006-5 was formed in May of 2006 and applies to all commercial development. The requirement to annex into the district was not applied to other previously approved projects in the vicinity given that they were approved either prior to or simultaneously with the formation of the District in May of this year. Therefore, staffrecommends that the condition remain. 83. 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. I 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. Upon consulting with Dennis Anderson of Harris & Associates, staff learned that Mr. Anderson required Condition No. 83 assuming that public landscaping improvements were going to be installed in association with the proposed AGENDA ITEM ~ PAGE l OF.:JI2 PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 project. Staffhas informed Mr. Anderson that no such public improvements will be installed and therefore this condition is not necessary. Staff recommends that the condition be deleted. ENGINEERING DIVISION CONDITIONS: 65. A revised signing and striping plan for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive shall be submitted for review. The installation ofthe revised signing and striping will be the responsibility of the applicant. The Engineering Division has agreed to extend the timingfor completion of this condition to prior to issuance of Certificate of Occupancy (See Attached Condition No. 78). 66. The project driveway @ Boulder Vista Drive shall be revised to a right-in/right- out only with the installation of right-in/out median at the driveway entrance. The Engineering Division has agreed to extend the timingfor completion of this condition to prior to issuance of Certificate of Occupancy to allow the developer time to enter into a cost sharing arrangement with surrounding property owners (See Attached Condition No. 78). 68. Relocate the existing street light on Canyon Estates Drive, from approximately 60 feet east of the project drivewaylBoulder Vista Drive to near the driveway entrance. The Engineering Division has agreed to extend the timingfor completion of this condition to prior to issuance of Certificate of Occupancy to allow the developer time to enter into a cost sharing arrangement with surrounding property owners (See Attached Condition No. 78) FLOOR AREA RATIO ISSUE As referenced earlier, subsequent to the October 3rd Planning Commission meeting, Commissioner Mendoza informed staff that he had found a potential inconsistency between the City's General Plan and the Canyon Creek "Summerhill" Specific Plan regarding the allowed maximum Floor Area Ratio (FAR) for the proposed project. The AGENDA ITEM <; PAGE~OF 7.0 PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 site was rezoned to Neighborhood Commercial (C-l) in 2000 which allows a maximum FAR of forty-percent. However, the description of the Neighborhood Commercial Land Use Designation in the City General Plan only allows for a maximum Floor Area Ratio of thirty-percent. The proposed FAR for the project is thirty- five percent. Upon researching this issue, staff found that the General Plan Land Use Designation for the project site was also amended from Commercial Specific Plan to General Commercial Specific Plan at the same time that the rezoning occurred in 2000. Moreover, the City General Plan description for the General Commercial Land Use Designation allows for a maximum FAR of forty-percent (40%). Therefore, staffhas determined that the project is indeed consistent with both the City General Plan and the Canyon Creek "Summerhill" Specific Plan. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan, Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2006-02 and Resolution No. 2006-_ recommending to the City Council approval of Tentative Condominium Tract Map No. 34864 subject to the attached revised Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. REVISED CONDITIONS OF APPROVAL 2. PLANNING COMMISSION OCTOBER 3,2006 STAFF REPORT AGENDA ITEM :; PAGE ~ OF:J..Q PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 3. ORDINANCE AMENDING GENERAL PLAN LAND USE DESIGNATION 4. CITY GENERAL PLAN EXCERPTS 5. CANYON CREEK SPECIFIC PLAN EXCERPT AGENDA ITEM c; PAGE~OF~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 1 of 14 PLANNING General Conditions: 1. The applicant shall defend (with.. counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill" Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. 4. 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. Agenda S page~of to CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 2 of 14 Tentative Condominium Tract Map No. 34864 5. Tentative Condominium Tract Map No. 34864 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. 6. The Tentative Condominium 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. 7. Prior to Certificate of occupancy, the applicant shall prepare and record CC&R's against the office 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, the CC&R's shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located directly adjacent to the building. 8. 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 office units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The recorded CC&R's shall permit make enforcement by establish the City of Lake Elsinore an expressed third party beneficiary. The City shall have the right, but not the Agenda 5 page~of 10 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 3 of 14 obligation to enforce the CC&R's. for provisions required as Conditions of ..^..pproval. 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. 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Office Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrIctIOns and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) office owner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail 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. 13. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. Commercial Design Review No. 2006-02 14. Approval for Commercial Design Review No. 2006-02 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar Agenda 5 pagelof 10 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 4 of 14 manner as a new application. 16. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 17. The property owners of APN 363 670 009 (Office Condominium Property) and the property owners of ...^..PN 363 670 001 (Property Adjacent and to the North) shall negotiate and record a Reciprocal }..ccess and parking f..greement wherein both property o'.'mers agree to allow the motoring public to travel and park on either property in order to access the other property. The agreement shall be revie\ved and approved by the Director of Community Deyelopment and the City Attorney prior to recordation. 18. 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. 19. 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. 20. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 21. 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. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. Agenda S Page~of 10 CONDITIONS OF APPROVAL COMMERlCAL DESIGN REVIEW NO. 2006-02 Page 5 of 14 23. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 25. No exterior roof ladders shall be permitted. 26. All exterior downspouts shall be concealed within the building. 27. 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. 28. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Field Color Dunn Edwards DE 127 "Tan" Field Color Dunn Edwards DE 130 "Light Tan" Field Color Dunn Edwards DE 136 "Medium Tan" Accent Color Dunn Edwards "Forest Green" Roofing U.S. Tiles, El Camino Blend Storefront To Match PPG Green Glass 29. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 30. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. Agenda 5 Page~ of J.D CONDITIONS OF AFPROV AL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 6 of 14 31. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit: 32. Prior to issuance of any grading permit 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. 33. 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. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. f. Final landscape plans to include planting and irrigation details. 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 Agenda S page~ of 1. 0 CONDITIONS OF AFPROV AL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 7 of 14 used to prevent excessive watering. Thirty percent (30%) of shrubs required on slopes shall be five-gallon container size. 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. Final landscape plan must be consistent with approved site plan. J. The Queen Palm trees proposed to be planted adjacent to side building elevations shall have a minimum of IS-feet of brown trunk height as measured from the finished grade. Final landscape plan shall be revised accordingly. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. The architectural site plan shall be revised to eliminate the employee parking (EP) symbols within the row of nineteen parking spaces within the interior of the onsite parking lot. ENGINEERING DIVISION General Requirements: 36. 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. Agenda S Page \') of 70 CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 8 of 14 37. Prior to commencement of grading operations, applicant to 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. 38. f..pplicant shall install signs at the project site indicating the construction work hours and contact information for the project. Any deviation from the preyiously approved 'Norking hours shall be approved by the City Engineer. 39. All grading shall be done under the supervIsIOn of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 40. An Encroachment Permit shall be obtained prior to any work within City right-of-way. 41. 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. 42. 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. 43. Applicant shall pay all applicable development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. 44. Ten 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 provided. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Agenda 5 page~Of 10 CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 9 of 14 46. 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. 47. On-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. 48. 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. 49. Roof drains shall not be allowed to outlet directly through coring in the street curb. 50. Roofs should drain to a landscaped area. 51. All open space, slopes, drainage systems, except for public parks and schools and flood control district facilities, located outside of the public right-of-way shall be owned and maintained by property owner's association. 52. Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 53. 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 S page~ of-=rQ CONDITIONS OF AFPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 10 of 14 Prior to Issuance of a Grading Permit 54. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 56. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 58. 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. 59. 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. 60. 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. Agenda 5 Page~of 10 CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 11 of 14 61. 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. 62. Applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 63. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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 and including maintenance responsibilities. 64. Reciprocal access (agreement) shall be granted to all parcels within this site. 65. LA.. revised signing and striping plan for Canyon Estates Driye, from Summerhill Dri'/e to Ridgecrest Drive shall be submitted for review. The installation of the reyised signing and striping will be the responsibility of the applicant. 66. The project driveway @ Boulder Vista DriYe shall be reyised to a right in/right out only with the installation of right in/out median at the driveway entrance. 67. All existing and proposed easements and dedications shall be properly noted in the grading plan. Prior to Issuance of Building Permit 68. Relocate the existing street light on Canyon Estates Drive, from approximately 60 feet east of the project driveway/Boulder Vista Drive to near the dri'lev/ay entrance. 69. 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. Agenda 5 Page~ of JO. CONDITIONS OF APPROV AI.. COMMERlCAL DESIGN REVIEW NO. 2006-02 Page U of 14 70. 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. 71. Pay all and Plan Check fees and Capital Improvement Impact Mitigation Fees - TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. Prior to Occupancy 72. All compaction reports, grade/elevation certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 73. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 74. All traffic signing/striping and access controls for on-site and offsite shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 75. Water and sewer improvements shall be completed in accordance with Water District requirements. 76. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 77. All public improvements shall be completed in accordance with the approved plans or as conditions of approval of this development to the satisfaction of the City Engineer. 78. The developer shall complete the following tasks prior to issuance of Certificate of Occupancy: Agenda S page~Of 10 CONDITIONS OF AFPROV AL COMMERlCAL DESIGN REVIEW NO. 2006-02 Page 13 of 14 a. Complete revised signing and stripingfor Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive. b. Provide a right-in/right-out only with the installation of right- in/right out median at the driveway entrance on Canyon Estates Drive, opposite Boulder Vista Drive. c. Relocate the existing street light on Canyon Estates Drive, from approximately 30-feet east of the project driveway/Boulder Vista Drive to near the driveway entrance. Note: The developer shall coordinate with the Master Developer and/or affected property owners for the cost sharing of the mentioned improvements. The City may participate with the costs of the improvements with the approval of the City Engineer. COMMUNITY SERVICES DEPARTMENT 79. Developer to pay park fees of $0.10 per square foot for all interior commercial/industrial space (14,500 sq. ft. @ $0.10 = $1,450). 80. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 81. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DIVISION 82. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 83. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Agenda 5 page~ Of:JQ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 14 of 14 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. 81. Prior to approyal of the Final ~1ap, Parcel :Map, Site Deyelopment Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape ~1aintenance District No. I to offset the annual negative fiscal impacts of the project on public right of ',yay landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for v/hich the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($1,700) non refundable deposit to coyer the cost of the annexation process. Contact Dennis .L\ndemon, Harris & ..^..ssociates at (919) 655 3900 x331 or danderson@harris assoc.com. Agenda S Page ao 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 DATE: OCTOBER 3, 2006 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARCHITECTURAL TEAM THREE (ATTN: LON BIKE), 23905 CLINTON KEITH ROAD, SUITE 114, WILDOMAR CA 92595. OWNER: CANYON PLAZA PARTNERS LLC. (ATTN: BRETT KESHTKAR) PROJECT REQUEST The applicant is requesting Design Review consideration for the design and construction of a two-story 14,500 square-foot professional office building and an associated Tentative Tract Map for Condominium purposes on a .69 acre vacant site within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code LEMC. PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363-670-009. AGENDA ITEM NO. 5 PACE ;) \ OF 7() ~ PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 BACKGROUND The subject property, which consists of a previously graded and improved vacant pad, is located within the Neighborhood Commercial (C-I/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Since project submittal, staffhas worked successfully with the applicant to achieve additional decorative elements and materials on the building, an entry courtyard effect through decorative paving improvements and the incorporation of additional planting along the building frontage. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Vacant C-l/SP Site Neighborhood Canyon Creek Commercial "Summerhill" Specific Plan Specific Plan North Commercial Bank C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan South Vacant C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan East Future Gas C-l/SP Canyon Creek Station/Car Wash Neighborhood "Summerhill" Commercial Specific Plan Specific Plan West Future HoteVMedical C-l/SP Canyon Creek Office Neighborhood "Summerhill " Commercial Specific Plan Specific Plan AGENDA ITEM NO. 5 PAOE ~~ OF 10 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 PROJECT DESCRIPTION The project site is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Section 020.B. of the Specific Plan allows professional offices as permitted uses. Siting The applicant is proposing to construct a two-story professional office building consisting of fourteen (14) separate office units. The units are to be owned separately as office condominiums. The site has been previously graded and supplied with necessary improvements and utilities. The total footprint of the building is 7,250 square-feet and will cover approximately twenty-four percent (24%) of the site. Moreover, a floor area ratio (FAR) of thirty-five percent (35%) is proposedonsite. The remainder of the property will consist of onsite parking facilities and landscaping. Circulation and Parkin$! Soace Lavout Two access points shall be provided off the existing private loop road which connects to Canyon Estates Drive. Parking will be provided on the front side ofthe building and is accessed via two-way drive aisles. One ofthe drive aisles crosses the entire building frontage while the other drive aisle currently exists and will be shared with the Washington Mutual parking lot directly adjacent and to the north. An onsite_ trash enclosure and loading space has been provided at the northwest comer of the parking lot. Architecture The architectural style of the proposed office building is "Mediterranean" in accordance with the Canyon Creek "Summerhill" Specific Plan Architectural Design Guidelines. The front building elevation has been sufficiently articulated with a six- foot deep colonnade and decorative arches that covers the entry doors into the office units on the first floor. Second floor units are accessed from an uncovered walkway served by either a stairway at the ends of the building or an elevator at the center. In addition, arched tower elements are achieved at both the center and ends of the building which project (2) two additional feet off the building facade and serve to AOENDA fTEM NO. S PACE Q3 OF 10 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 break-up the remainder of the roofline which is composed of parapet walls with a decorative cornice. The rear building elevation, which is visible from the adjacent loop road, has been articulated with two four-foot deep projections and decorative wood trellis elements on the ground floor. An arched tower element has been achieved at the center of the elevation to break-up the roofline. The side building elevations are also visible from the adjacent loop road, and have a variety of roof lines and decorative column elements to achieve interest. Architectural elements and building materials have been incorporated that further enhance the Mediterranean building style including a decorative stone veneer on column bases, wrought iron accents, projecting stucco banding and decorative light fixtures. Moreover, enhanced paving treatments will be utilized at driveway entrances, at the front of the building and within the adjacent accessible parking spaces to achieve a courtyard effect. Landscaping The applicant is proposing to develop the site with 5,074 square feet of landscaping which constitutes seventeen percent (17%) of the site. A minimum of ten percent (10%) of the site is required to be landscaped. The proposed tree palette includes the use of Queen Palms at the side building elevations and parking area. The height of the Queen Palms planted adjacent to side building elevations has been increased to approximately fifteen feet (15') as a condition of approval in order to provide immediate softening of the elevations. In addition, thirty-six inch (36") box Italian Cypress trees will be planted along the rear elevation. A variety of foundation and parking area plantings will be utilized including but not limited to Day Lily, Mock Orange, Photina and Texas Privit. All Shrubs will be a minimum five gallon container size. In order to further soften the front building elevation, planter pockets have been added along the colonnade wall allowing for Red Bougainvillea to be planted and climb on the building. Colors and Materials The applicant is proposing four (4) different colors on the building. The architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. The ACENDAITEM NO. 5 PACE ~4 OF lU PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 proposed green glass windows will further serve to compliment the building color scheme. Tentative Condominium Map The applicant requests approval to establish a proposed office condominium. The condominium concept would allow the developer the ability to offer individual office units for sale within the building while sharing common interest, ownership and maintenance responsibilities within the common areas. ANALYSIS Sitinf! The proposed site plan meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan and the Non-Residential development standards outlined in Chapter 17.38 of the LEMC. Moreover, the project complies with the onsiteparking standards listed in Chapter 17.66 (Parking Requirements of the LEMC). Pursuant to the C-l/SP zone, the maximum Floor Area Ratio (F AR) allowed is forty percent (40%). The applicant is only proposing a thirty-five percent (35%) FAR, well below the maximum allowed. Additionally, the project siting complies with all perimeter setbacks. Circulation and Parkinf! Space Lavout The circulation and parking space layout meets the requirements set forth in Chapter 17.66 (Parking Requirements of the LEMC) including the recently increased 26-foot wide drive aisle requirement. Additionally, adequate turning radii have been provided for emergency vehicles, trash and delivery trucks. A reciprocal access agreement will be required between the project site and the Washington Mutual site to the north. Staff has determined that fifty-eight (58) parking spaces are required onsite. Fifty-eight (58) spaces have been provided including six (6) accessible parking spaces. Architecture The Mediterranean architectural design of the office building complies with the AGENDA ITEM NO. S PACE g.S OF 10 ' PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 Architectural Design Guidelines listed in the Canyon Creek "Summerhill" Specific Plan. Additionally, the architecture of the building has been designed to achieve harmony and compatibility with surrounding residential, commercial and office buildings in the vicinity ofthe project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, and a variety ofrooflines which will create depth and shadow. Moreover, the maximum height of the building complies with the height requirement specified in the C-l/SP zoning district (35-feet). Landscapinf! The landscape design for the project site complies with the requirements set forth within Section 070 of the Neighborhood Commercial (C-l/SP) zoning district The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, as well as compliment surrounding properties. Colors and Materials The colors and materials proposed for this project meet the intent of the Design Guidelines of the Canyon Creek "Summerhill" Specific Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. Tentative Condominium Map The Covenants, Conditions and Restrictions (CC&R' s) required in association with the map will be recorded against the project as a condition of approval. In addition, an owners association will be empowered to administer and enforce the various elements of the CC&R's. To accomplish this, the office owner's association will establish monthly fees that cover aspects such as landscape maintenance, parking lot maintenance and utility infrastructure improvements. The project has also been conditioned to require that the applicant submit a copy of the proposed CC&R's to the Planning Division for review and approval prior to recordation. Moreover, staff has added a condition of approval which will require that the association be established prior to the issuance of a certificate of occupancy for the first office unit. ACENDA 'TEM NO. <) PACE_ ~{~OF_lO - PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 ENVIRONMENTAL DETERMINATION Staff has determined that the potential environmental impacts associated with the construction of the office facility have all been previously addressed in the Mitigated Negative Declaration (MND) for the Canyon Creek "Summerhill" Specific Plan Amendment No.1. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan, Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2006-02 and Resolution No. 2006-_ recommending to the City Council approval of Tentative Condominium Tract Map No. 34864 based on the following Findings, Exhibits "A" thru "K" and the proposed Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL ,ACENDA 'TEM NO; 5 PAGE ~l COF 10 = PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 4. EXHIBITS . REDUCTIONS (8 ~ xlI) Exhibit A Site Plan Exhibit B Site Details Exhibit C Site Details Exhibit D 1 st Floor Plan Exhibit E 2nd Floor Plan Exhibit F Building Elevations Exhibit G Roof Plan Exhibit H Building Cross-Sections Exhibit I Grading Plan Exhibit J Landscaping Plan Exhibit K Tentative Condominium Map · FULL SIZE PLAN SET ACErJDA ITEM NO. 5 PAC~ ~l Of (() VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-02 TENTATIVE CONDO TRACT MAP NO. 34864 :r: 0:: w .:r: :r: :J Cf) AGENDA 'TEM NO. S PAC!L ~\ :-OF_ rn : RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS CANYON CREEK PROFESSIONAL OFFICE BUILDING IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Architectural Team Three, c/o Lon Bike, has submitted an application for Design Review and Tentative Condominium Map approval for the Canyon Creek Professional Office Building located on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82 and Lake Elsinore Municipal Code Chapter 16, requests for design review consideration and tentative condominium map review, respectively, are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; 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 AGENDA ITEM NO._ 5 PACE~ 30 OF lO · PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F5 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, a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary; 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 October 3, 2006. 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'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 State Planning and Zoning laws, the Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. AGENDA ITEM No.5 PACE ;, \ OF '(0 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F5 Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies within Criteria Cell #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, 9 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, 9 4). The Project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is exempt from the MSHCP by virtue of a common law vested rights agreement between the previous landowner and the City. Therefore, the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor ,ACENDA iTEM NO. PACE 3 ~ S OF 70 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F5 further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanlWildlands Interface Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. No additional mitigation measures or conditions of approval are required. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The entire Project site has been rough-graded. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No additional mitigation measures or conditions or approval are required. 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. ACENDA nEM f~O. 5 PACE :,~ OF (0 _ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE50F5 10.The Project is consistent with the MSHCP. As stated in Finding No. 1 above, the Project is exempt from the requirements of the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, 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 AGENDA ITEM No.5 PACE 3~ OF 10- RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROV AL OF COMMERCIAL DESIGN REVIEW NO. 2006-02 FOR THE CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2006-02 for the design and construction of a two-story professional office building with related improvements located within the Canyon Creek Summerhill Specific Plan on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (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 for Design Reviews; 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 October 3, 2006. 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 prior to making a decision to recommend that the City Council approve Commercial Design Review No. 2006-02. SECTION 2. That pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 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, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already \;."..... ..\.'. S ~.,+' i "3'~.- ..~, '-.lQ-~" PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE20F4 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. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. 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 the approval of the Commercial Design Review No. 2006-02: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of this professional office building will assist in the creation of additional job opportunities within the community. Moreover, the Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the professional office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the quality of existing ACEt~DA ITEM '''0. S PACE. ') b OF l() _ PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE30F4 development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the Project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed Project pursuant to Section 15 j 62. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. ACENDA ITEM NO. PACE ')1 5 OF (D PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE40F4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, 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 ACENOA ITEM NU. 5 '\. PACE=- ') l> _OF 7 U RESOLUTION NO. 2006-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 34864 FOR CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Architectural Team Three, c/o Lon Bike, has filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment of a office condominium building known as the Canyon Creek Professional Office Building to be located south of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential projects to the City Council; 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 October 3, 2006. 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 has found it acceptable. The Planning Commission finds and determines that the Project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. That 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). ACENDA itEM NO. 5 PACE )\ OF '10 PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE20F3 And, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. 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. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions," the Planning Commission makes the following findings for the approval of the Tentative Condominium Map 34864: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General J>lan (Government Code Section 66473.5). The Project, as designed, assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opportunities and a satisfying office environment. 2. The effects that this Project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The additional office spaces provided by the Project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents and businesses. AGENDA ITEM NO. S PACE 4a OF \0 PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE30F3 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, 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 AOENDAHEM NO. ;; PACE 4\ OF La CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 1 of 13 PLANNING General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2: Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill" Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. 4. 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. ::'>'; t.:/" :.!< S '_4 i ,,'l"~O' 'M .~.- ---_. CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 2 of 13 Tentative Condominium Tract Map No. 34864 5. Tentative Condominium Tract Map No. 34864 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. 6. The Tentative Condominium 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. 7. Prior to the first certificate of occupancy, the applicant shall prepare and record CC&R's against the office 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, the CC&R's shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located. directly adjacent to the building. 8. 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 office 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 AD~:~'.DA$'\~~"',f t,:,_, -~. '!. a !r:....:.{., nit.~. 5 PACE ~'J> ._~.~.~;-)O-_..'" ~ ~ ......c- . 0- CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 3 of 13 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. 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Office Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrIctIOns and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) office owner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail 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. 13. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. Commercial Design Review No. 2006-02 14. Approval for Commercial Design Review No. 2006-02 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. AGENDA ITEM NO. 5 PACE ~~ OF 10 = CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 4 of 13 16. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 17. The property owners of APN 363-670-009 (Office Condominium Property) and the property owners of APN 363-670-001 (Property Adjacent and to the North) shall negotiate and record a Reciprocal Access and parking Agreement wherein both property owners agree to allow the motoring public to travel and park on either property in order to access the other property. The agreement shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. 18. 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. 19. 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. 20. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 21. 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. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. A(;ENDA fTEM NO. 5 PACE ~5 OF l()~ CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 5 of 13 23. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 25. No exterior roof ladders shall be permitted. 26. All exterior downspouts shall be concealed within the building. 27. 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. 28. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Field Color Dunn Edwards DE 127 "Tan" Field Color Dunn Edwards DE 130 "Light Tan" Field Color Dunn Edwards DE 136 "Medium Tan" Accent Color Dunn Edwards "Forest Green" Roofing u.s. Tiles, El Camino Blend Storefront To Match PPG Green Glass 29. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 30. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 31. On-site surface drainage shall not cross sidewalks. ACENDA tTEM NO. S PACE 46 OF cO CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 6 of 13 Prior to Issuance of Building/Grading Permit: 32. Prior to issuance of any grading permit 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. 33. 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. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. f. Final landscape plans to include planting and irrigation details. 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. Thirty percent (30%) of shrubs r~quired on slopes shall be five-gallon container size ACENDA ITEM NO. S -~ PAGE 4\ OFCO CONDITIONS OF APPROV AI. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 7 of 13 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. Final landscape plan must be consistent with approved site plan. J. The Queen Palm trees proposed to be planted adjacent to side building elevations shall have a minimum of IS-feet of brown trunk height as measured from the finished grade. Final landscape plan shall be revised accordingly. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. The architectural site plan shall be revised to eliminate the employee parking (EP) symbols within the row of nineteen parking spaces within the interior of the onsite parking lot. ENGINEERING DEPARTMENT General Requirements: 36. 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. 37. Prior to commencement of grading operations, applicant to orovide to the 5 1.._. 4~ . -70." ...---- -/ -~,_.- . j CONDITIONS OF APPROV AI. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 8 of 13 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. 38. Applicant shall install signs at the project site indicating the construction work hours and contact information for the project. Any deviation from the previously approved working hours shall be approved by the City Engineer. 39. All grading shall be done under the supemslon of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 40. An Encroachment Permit shall be obtained prior to any work within City right-of-way. 41. 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. 42. 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. 43. Applicant shall pay all applicable development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. 44. Ten 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 provided. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 46. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for AGENDA ITEM NO. S PACE ~\ OF ('0 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 9 of 13 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. 47. On-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. 48. 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. 49. Roof drains shall not be allowed to outlet directly through coring in the street curb. 50. Roofs should drain to a landscaped area. 51. All open space, slopes, drainage systems, except for public parks and schools and flood control district facilities, located outside of the public right-of-way shall be owned and maintained by property owner's association. 52. Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 53. 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 . Prior to Issuance of a Grading Permit ACENDAtTE.MNO.~.. ... . PAGE SO_OF~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 10 of 13 54. If t~e gradin? is less than 50 cubic yards and a grading plan is not reqUIred, a SIte plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 56. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 58. 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. 59. 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. 60. 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. 61. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for thp NMlonal ACENOA 'TEM NO. S PAGE_ :> \ --=OF (() CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 11 of 13 Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 62. Applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 63. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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 and including maintenance responsibilities. 64. Reciprocal access (agreement) shall be granted to all parcels within this site. 65. A revised signing and striping plan for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive shall be submitted for review. The installation of the revised signing and striping will be the responsibility of the applicant. 66. The project driveway @ Boulder Vista Drive shall be revised to a right- in/right-out only with the installation of right-in/out median at the driveway entrance. 67. All existing and proposed easements and dedications shall be properly noted in the grading plan. Prior to Issuance of Building Permit 68. Relocate the existing street light on Canyon Estates Drive, from approximately 60 feet east of the project driveway/Boulder Vista Drive to near the driveway entrance. 69. 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. 70. Submit a "Will Serve" letter to the City Engineering Division from the AGENDA ITEM NO. S PACE 5'J.. _OF . l() CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page U of 13 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. 71. Pay all and Plan Check fees and Capital Improvement Impact Mitigation Fees - TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. Prior to Occupancy 72. All compaction reports, grade/elevation certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 73. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 74. All traffic signing/striping and access controls for on-site and off site shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 75. Water and sewer improvements shall be completed in accordance with Water District requirements. 76. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 77. All public improvements shall be completed in accordance with the approved plans or as conditions of approval of this development to the satisfaction of the City Engineer. COMMUNITY DEVELOPMENT DEPARTMENT 78. Developer to pay park fees of $0.10 per square foot for all interior commercial/industrial space (14,500 sq. ft. @ $0.10 = $1,450). Agenda__ 5 _ Page' 5'). of -.-:10 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 13 of 13 79. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 80. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DEPARTMENT 81. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 82. 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. 83. 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 ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. AGENDA 'TEM NO. .s PAGE 54 OF (() f " I "I I i 'r I ~ ::r: i -i fTI (") -i C ;JJ ~ r ;;(1 . " I ~ i ? f ~ I ~ t) \ 'i' ii' 'h' \ \ \ / ~;;;:~ ~ ... .....~' " I I ? ,'I 'III III' 'i'l 'II, '1 I I III :1' ill' / 'I', ',I, 'I !I', II" 'I V> -i fTI -0 r ~ z U I" III :':.{ I ! 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Ii~ . ;11 III l !III i Ii' "l' II i Hili . i li~1 i I ; 'II Ill! ,I 11.;1. ,!. II ~ ~ I l~al;; 8~ ~Ijl ~ ~ ACENDA ITEM NO.mm)"- . PACE b"".) OF 7.0 r-~--- r I I .;:~:~:j I -.1 I I . i .n - '1 'I ! , i I i ;;(1 I j ::'-1 I - i ; . , "I. ! ;,,:1 ""U""U ;;0)> m;;o en s:m -r Zc.o )> ;0 -< S; z o (J) n )> ""U m ""U r )> Z s; ^ m m r en - z o ;0 m .. ~ ~~~c . ~~~~ i~~~ ~:llR:~ lil~2o "'lil;uc ~",19> " ~"-I i ~o ~ ;~ ",en '!:liil ~T ,,'" i:l '" en ;:j " ~ :i~~~ l~ " [ I, :I! I o ~~ ~! U ~ b ~I i! ~, gi ~III ~ IIi i ~~ ~ii1 l!~ i~ ~~ II~. . i~~ 8l 0 r-cno ~ en i ~ ]1 ]1 ii ~ ~ ~ 8l ~ I Ii ~ ~ I ~ ~ g I ~ II ~ m ~ ~ ~ ~~ ~~ ~ ~ ~ m ~ i IlgUjlli~ISI~ i ~ i ~ I~ ~ 0 ~ ~gl~I~~iSr id 2 ~ i ~ ~~ ~ ni ~m i~I ~~ ~ 1: 8: g ~ ~ m it ~~i "'s ~ ~ i ~ u - ~ ( ~ ~ ~'~ ~ :E m ~ " :ll Vi c: m en m AGENDA ITEM NO. 5 PAGE ~~ OF 70 I ~ ~ ~ , ~ c '" m ~ ( - 0 III c: Q )> i" ~ :;! ~ g ~ ~ IIlqll ~ 0ffiER if HIt' ~ 'II PARCEL NO. Gf C,ANYON PLAZA PARTNERS 0:0 II' ',II t;J ",0 I rn LLC, Hd 1M' ,j PROFESSIONAL OFFICE 6lJILDIN6 ~() Ilj III ~II Ol"l -- l n :;jz N,W.C, SUMMERHill OR. I CANYON ESTATES OR. &a3e PIllSlm.lllRCYl. sum: 101 U IU P CAllLlIIUD,CiI2OOll lAKE ELSINORE. CAlIFORN~ hi (7$) m-m1I fa: ('780) 0431-mt ~iU~~ j'i~~~ ~;sll 18~1; il~!1 I;i;' .. ~. ~a ll~ ~'ill " ~ I p" H d " J~ l~ ~ l'r '.,f ~'i:~ ~ ~~: t\ -.... ..... ~ ! \ ~ ~ .. ~ Iil . ~ '1 i:l ~ a\ . ~Ei ~~~ b . - , t! ~E~ !~N ~' '~~. ~~ . '" !f -.~-._-._-- ~t~ r -. . ,; il~~nl i,~lll!l! !!l!!iII!GI!IIIe!1-!~ ~i~~ I 'I 'illl! !lls ~!: !, 1Hi" ~~11lI !~I .~~i. ! Ii -u I . M ! ! 8 II II I ~ ~ ~ lJa! Ii ~ ~ es E ;11 i tll ~ I ~ . ; ii iP-; Eli ~ i n I ( ~j I ~ I ~ Ip I ~ I ~I ~ ~ ~ J.----AOEND.l(tTEM NO. S PAGE ~5 OF 70 ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO. 1 TO AMEND THE LAND USE DESIGNATION OF PARCEL WITHIN APPROVED SUMMERHILL SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100- 090,363-100-087 AND 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO GENERAL COMMERCIAL AND CHANGE AND ESTABLISH A LAND USE AND ZONING DESIGNATION OF APN 363-100-084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-lISP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAN). WHEREAS, the City of Lake Elsinore has initiated proceedings to amend the Land Use Designation of APN 363-100-089, 363-100-090, 363-100-087, and 363-100-034 from Commercial Specific Plan to General Commercial (GC) and Change the Land Use Designation of APN 363-100-084 and 363-100-056 from Multi-family/Commercial Specific Plan to "C-IISP" Neighborhood Commercial Specific Plan (approximately 32 acres); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 4, 2000 made its report upon the desirability of the proposed project and made its recommendations in favor of said Amendment No. I to SP No. 85-1 by adopting Planning Commission Resolution No. 2000-16 recommending to the City Council approval of Specific Plan No. 85-1, Amendment No. I; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 24, 2000; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Specific Plan No. 85-1, Amendment No.1, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council finds and determines that Mitigated Negative Declaration No. 00-1 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of ends City Council certification, based upon the following findings and determinations: SECTION 2: ZONING RECLASSIFICATION This Zoning Designation of the Specific Plan of the is hereby amended by changing, reclassifYing and rezoning the following descri,bed property, to wit: Assessor's Parcel Numbers: 363-100-084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-lISP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAN). Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan. 2. The proposed Zoning is consistent with the General Plan and the various land uses authorized by the Ordinance are compatible with the objectives, policies, general land uses, and programs specified in the Plan. (Government Code Section 65860). 3. The proposed Zoning will establish the necessary pre-zoning for the site. DA ITt:M NO. 5 PACE~ bb~ - ORDINANCE NO. 1069 PAGE NO.2 4. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located and how the City has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). SECfION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of October, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of November, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ;)';lJ Vicki Kasad, City Clerk ABSTAIN: COUNCILMEMBE (SEAL) -.: I T'{ (, ~NE.KAL fLItN f.XC.E-~?T Land Use Element mately 60 percent residential uses (not to exceed 24 dwell- ing units per acre), and approximately 40 percent commer- cial uses (at a probable floor area ratio of .50 and a maxi- mum floor area ratio of .75). 1. Neighborhood Commercial This designation includes neighborhood shopping centers and small convenience centers which provide for the day-to-day retail goods and services required by residents in the immediate vicinity. The Neighborhood Commercial designation is intended to provide a concentration of retail uses including, but not limited to, personal services, food and general merchandise stores, eating establishments, and repair stores. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential districts. Allowable development intensities in Neighbor- hood Commercial areas would be up to 13,068 square feet per acre or a floor area ratio of 30 percent. J. Tourist Commercial This designation is intended to provide strategically located commercial and recreational centers to meet the needs of tourists and recreation enthusiasts. Tourist Commercial uses would include restaurants and convenience stores, rental shops, motels, boat sales establishments, museums, gift shops and entertainment centers. The Tourist Commer- cial designation on Main Street at the I-IS/Main Street interchange is specifically intended to be a "gateway" into the city with uses that are oriented to the needs of freeway travelers and tourists. Development within this category could reach densities of 15,246 square feet per acre or a floor area ratio of 35 percent. k. General Commercial This designation is intended to provide for a wide range of retail and service activities including department stores, restaurants, hotels, theaters, offices and specialized services. General Commercial has been located to encourage consolidated centers of activity with direct access to major roads and freeway interchanges. General Commercial areas are intended to be of high quality design and pedestrian oriented and shall contain sufficient off-street parking. The AcENDA IrE No. 5 III - 20 PAC~ (~-o; _ (0-- - Land Use Element maximum density of development under this designation is 17,424 square feet per acre or a floor area ratio of 40 percent. 1. Commercial Office This designation is to primarily provide for office and administrative uses. Limited commercial activities including art galleries, restaurants, office support services, and medical clinics would be compatible with this designation if design and operation are harmonious with the character of an office environment. The Commercial Office designation has been located to provide a transitional buffer between residential districts and commercial or industrial districts. The maximum density of development under this designa- tion is 21,780 square feet per acre or a floor area ratio of 50 percent. m. Freeway Business This designation provides for large floor area uses including office or commercial and manufacturing uses that require large display or storage areas. Uses intended under this designation include home furnishing and improvement centers, industrial supply businesses, equipment sales and service, auto dealerships, large office buildings, and regional commercial developments. Limited manufacturing and wholesale distribution centers are also compatible with this designation. Freeway Business has been located to mini- mize truck traffic on collector or local streets, provide good access to I-IS and provide good visibility for the commercial aspects of the businesses. The maximum allowable densities under this land use category would be 32,670 square feet per acre or a floor area ratio of 75 percent. n. Limited Industrial This designation establishes limited industrial areas where uses such as manufacturing, assembly, electronics, warehous- ing, machine repair shops and other non-hazardous and low nuisance industrial uses are appropriate. Limited Industrial areas are to be protected from intrusion by housing, non-supporting commercial activities and other inharmoni- ous uses. Special landscaping to screen or buffer outdoor storage areas and appropriate development criteria for a ACENOA ITEM ~O'_ 5 III.21 PACE=.J) \ OF~lO _= screened as much as possible utilizing berms, shrubs, and other decorative treatments of sufficient size and height to meet this requirement. B. Buffer Landscapin&: A continuous visual landscape screen, a minimum of ten feet (10') in depth, shall be maintained adjacent to all interior property lines which abut residential uses. At minimum, said buffer shall contain one (1), fifteen (15) gallon, non-deciduous, umbrella form tree for each thirty (30) lineal feet of boundary length. No structure or use, including parking, drive aisles, or trash enclosures, shall encroach within this area. C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ten percent (10%) of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of trees, ground cover and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage may be sought and approved during the Design Review process in recognition of quality design. For the purpose of this provision, quality considerations include the use of courtyards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or anwotk in the landscape proposal. ) Section 080. Parking. The provisions of Chapter 17.66 of the Lake Elsinore Municipal Code shall be used to determine the parking for development in the "C-I/SP" District. Section 090. Signs. The provisions of Chapter 17.94 of the Lake Elsinore Municipal Gxle shall be used to determine permitted signs in the "C1ISP" District. Section 100. Design Review. No building permits shall be issued for the construction of any building or structure in the "C-I/SP" District until the applicant has obtained Design Review approval pursuant to the pro\'isions of Chapter 17.82 of the Lake Elsinore Municipal Gxle. Section 110. Design Standards. Chapter 17.38 of the Lake Elsinore Municipal Code contains non- residential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17.38 of the Lake Elsinore Municipal Code be considered together with the regulations contained herein for the "C-I/SP" District. Section 120. Floor Area Ration (FAR). The maxUnum density of development under the "C-lISP" District shall be 17,424 square feet per acre or a FAR of 40 percent (40%). Section 130. Variance. The provisions of Chapter 17.76 of the Lake Elsinore Municipal Code shall be used to determine the appropriateness of any deviation from the development standards contained within the "Ot/SP" District. CAN'{ON C~Ef-:\.( "SlJ~MERl-\1..L~ Sft::C1f.\-C PLftN t=:tC\S~fT ) AGENDA ITEM NO. 5 2)- PACE '7. (:) OF (. ---- Canyon Oeek Specific Plan, AmendmeniNo. 1. .C.l/sP. Neighborhood Commercial Specific Plan. Development Standards Page 5015 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 17, 2006 PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR A FIVE UNIT APARTMENT COMPLEX LOCATED AT THE NORTHWEST CORNER OF POTTERY STREET AND LINDSAY STREET; APN NO. 374-042-022. APPLICANT: SALVADOR A Y ALA/PEAKSIDE DEVELOPMENT 2062 ALF ALF ADALE RD., PERRIS, CA 92571 OWNER: ALFREDO AGUILAR, 30005 NORTH LAKE DRIVE, LAKE ELSINORE, CA 92530 PROJECT REQUEST The applicant is requesting design review consideration for a "conventionally" built, five (5) unit residential apartment complex and associated improvements located at the northwest comer of Pottery and Lindsay Streets, APN No. 374-042- 022. The proposed five (5) unit residential development will be available for rent only and will be subject to the provisions of the recorded CC&R's. The project will include five (5) attached two (2) story dwelling units and attached garages, common areas, private yard areas and related improvements. Each dwelling unit will be approximately 1,349 square feet and will include three (3) bedrooms, a living room, a dining room, a kitchen and two and one half (2 1/2) bathrooms. The review is pursuant to the Lake Elsinore General Plan, the Historic Elsinore Architectural Design Guidelines and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). AGENDAtTEM NO. PAGE , o OF ~q PLANNING COMMISSION STAFF REPORT OCTOBER 17,2006 PAGE 2 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. BACKGROUND During the processing of the subject applications staff worked diligently with the applicant to achieve a variety of refinements to the proposed site plan and building architecture including a pedestrian connection between the development, recessed windows, decorative street light fixtures, 360-degree building architecture and materials. PROJECT LOCATION The .32 acre project site is located on the northwest side of Pottery Street and Lindsay Street within an area identified as the "Historic Elsinore" Overlay District, more specifically identified as within the Medium Density Residential (MD AREA 6) land use area and Assessor Parcel Number(s) 374-042-022. ENVIRONMENTAL SETTING Project Vacant Medium High Density Medium Density Site Residential Area 6 North Residential R-2, Medium Densit Medium Densit South Residential Medium Densi Area 6 Medium Densit East Residential Medium Densit Area 6 Medium Densi West Residential Medium Density Area 6 Medium Density PROJECT DESCRIPTION RESIDENTIAL DESIGN REVIEW NO. R 2006-06 Siting The applicant is proposing to develop the .32-acre site with a "conventionally" built, five unit residential complex and associated improvements. The lot is rectangular in shape; with vehicle access provided from Pottery Street and an AGENDA ITEM NO. it2 PAGEa- OF-aq PLANNING COMMISSION STAFF REPORT OCTOBER 17,2006 PAGE 3 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. existing Alley. Pedestrian access to the dwellings is provided from Lindsay Street. Although the proposed development will be oriented towards Lindsay Street, all of the elevations of the development will receive special architectural treatments and attention due to its orientation and exposure to public view. Further, each of the homes will have a private open space by means of a porch area and a small garden area as well as common areas between each one of the units, allowing for common use amenities as required by the LEMC. Parking Residents will be able to access the proposed parking areas for the homes via Pottery Street from the south side and a public Alley at the north side of the project, once again making Lindsay exclusively for pedestrian use. A twenty-eight foot (28') driveway will provide both open space parking as well as access to the garages from Pottery Street. A thirty-two foot (32') driveway will provide access from the alley. The main entry of the homes will be accessed from Lindsay Street. The concrete driveways, will be intersected by a concrete pedestrian sidewalk, which will be accessible from the sidewalk improvement along Pottery Street. Architecture Pursuant to the Historic Elsinore Architectural Design Guidelines, the proposed architectural design of the homes can be identified as "Mission" style architecture. To accomplish this, the applicant has incorporated such elements as red roof tiles, stucco walls, recessed window and door openings, wood accents along the roof lines, arcade wing walls, low pitch roof angles, and decorative wrought iron work for the windows. As an enhancement to these various architectural elements, the applicant is also proposing three (3) color schemes which will complement one another and significantly improve the visual character of the existing neighborhood. Ultimately, the architectural design of the units will create an interesting and lively mix of homes. Landscaping The applicant will provide landscaping for both the private yard and the common areas associated with this development. Street Trees will be planted pursuant to AGENDA ITEM NO. <0 PAGE3-0F ~q PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PAGE 4of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. the requirements of the Historic Overlay District and the LEMC. Planter areas have been strategically designed into the project providing both privacy and architectural enhancement of the proposed units. In addition to the landscaping, the applicant is also providing two (2) recreational areas as well as a decorative wrought iron fence along Lindsay Street. Plant Species for all street trees, shrubs, ground cover and lawn area will be selected from the City's recommended plant list. The applicant has provided a landscape plan design which will create a pleasing and comfortable environment for the residents to enjoy. Color and Materials The applicant is proposing a variety of colors and materials which will enhance the variable architectural options proposed which have been selected to complement one another as well as providing diversity and quality throughout the complex and within the neighborhood. ROOF WALLS STUCCO TRIM/ACCENTS TRIM AND FASCIA RAFTER TAILS & EAVES GARAGE DOORS SHUTTERS & FRONT DR "S" Tile Stucco Stucco Wood Wood Aluminum Wood T erracotta Summer Sun-American Tradition Marsh Green-American Tradition Dee Olive-American Tradition Dee Olive-American Tradition Dee Olive-American Tradition Ma' estic Oak-American Tradition The colors and materials proposed for this project meets the requirements set forth within Chapter 17.14 (Residential Development Standards) of the LEMC. Chapter 17.14 states that, No project should use the same color from house to house, however, no one structure should be at such a variance with its neighbors that it detracts from the character of the street as a whole. The colors and materials proposed have been selected to complement and enhance one another as well as the surrounding neighborhood. AGENDA ITEM NO. (g PAGE..::L OF ..a, 9 PLANNING COMMISSION STAFF REPORT OCTOBER 17,2006 PAGE 5 of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. ENVIRONMENT AL Pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In- fill Development Projects), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary . RECOMMENDATIONS It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan and Resolution No. 2006-_ approving Residential Design Review No. 2006-06, for a five unit residential complex and associated improvements located at the north-west comer of Pottery Street and Lindsay Street (APN No. 374-042-022). Approval is based on the Findings presented in the attached Resolution, Exhibits, and the Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ~NDANZ' DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Planning Commission Resolutions 2. Planning Commission Conditions of Approval 3. Vicinity Map 4. Reduced Exhibits 5. Full Size Exhibits AGENDA ITEM NO. J.rz PAGE S OF .a.. or RESOLUTION NO. 2006-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A FIVE (5) UNIT NEW RESIDENTIAL DEVELOPMENT AND ASSOCIATED IMPROVEMENTS WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending to the Lake Elsinore City Council approval, conditional approval, or denial of Design Reviews 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 October 17,2006. 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 request for Residential Design Review No. 2006-06 and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the Historic Downtown Standards. 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 AGENDA ITEry1 NO. k PAGE ~ OF -.a9 PLANNING COMMISSION RESOLUTION 2006- PAGE20F3 SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), 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 General Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 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 to the site and surrounding developments. The Project has been designed in consideration of the size and shape of the property, and is designed to create interest and varying vistas as a person moves along the street. 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. The architectural design, colors, materials and site design demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15332, the Project is exempt from environmental review because (a) the Project is consistent with the General Plan and zoning regulations; (b) the Project is within the city limits, is not greater thanfive acres, and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. 4. Conditions and safeguards pursuant to LEMC 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 objectives of Chapter 17.82. AGENDA ITEM NO. to PAGElOF~9 PLANNING COMMISSION RESOLUTION 2006- PAGE30F3 Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration by the Planning Commission on October 17, 2006. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, 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. -.k PAGE JL OF ~or RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS RESIDENTIAL DESIGN REVIEW 2006-06 (R 2006-06) IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code gg 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), the Project is categorically exempt from further CEQA review AGENDA ITEM NO. J.e PAGE -=t OF ~ '1 PLANNING COMMISSION RESOLUTION NO. 2006- 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 October 17, 2006. 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's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing AGENDA tTEM NO. (0 PAGE, \ 0 Of d.-9 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F4 development. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action 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 setforth in Section 6.1.3. Nofurther MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. AGENDA neM NO. Co PACE_ I \ OF -~q PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 4 OF 4 As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project 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 MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeen day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABST AIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. ~ PAGE.Q OF .2:-<1' GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) 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. RESIDENTIAL DESIGN REVIEW NO. 2006-06 3. Design Review approval for Residential Design Review No. 2006-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year p~r 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. 4. Conditions of Approval shall be reproduced on the first page of the 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. 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 Community Development Director. All plans submitted for Building Division Plan Check shall conform to \Cl':ND.\ rTr~i\1 NO. ~ I'V;FO)lac, the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. 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. 7. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 8. 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. 9. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 10.All return walls at the front elevations facing the Alley Way shall be a decorative fence, consistent with the architecture of the homes proposed herein. \ ( d: N!) . \ IT I}j ".() ...(0 PACF L:fOI'..;l '1 II.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. I2.The applicant shall comply with all of requirements explicitly expressed and required by the Riverside County Fire Department. PRIOR TO BUILDING/GRADING PERMITS I3.Prior to issuance of any grading permit 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. I4.Prior to the issuance of a building permit the applicant shall have recorded a lot line adjustment with the County of Riverside. 15.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. 16.Three (3) sets of the Final Landscapingjlrrigation Detail Plan for the landscaping of the development shall be submitted, reviewed and approved by the City's Landscape Architect Consultant, the Community Development Director or designee and the Community Services Director, 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 forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% 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 thirty-feet (30') 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. \C;I':ND.\ rll~;\VJ.o (n I'\C;I' 12m ~vt 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 50% 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. 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. i) 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 must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. I7.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. IS.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. I9.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. .\C I:NlJ..\ 1.'1'/:\1 NO. (() P\G I,: lJoOF ~9 20.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ADMINISTRATIVE SERVICES 20.Prior to the issuance of a building permit the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 21.Prior to issuance of a building permit the applicant shall annex into the Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas 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. 22.Prior to the issuance of a building permit the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 23.The applicant shall pay park fees of$1,500.00 per unit. 24.The applicant shall participate in the City of Lake Elsinore LLMD. 25.All exterior walls to be masonry block with anti-graffiti coating. 26. The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 27.The applicant shall comply with all NPDES requirements for urban storm water runoff. ENGINEERING 28.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. .\(;1-:",1).\ nrcM NO..~. P\C] L,y!- aq 28.The Applicant shall provide in-lieu payment for future half-width street improvements on Pottery Street prior to building permit (Res. 86-35). Dedicate a ten-foot (10') street right-of-way on Pottery Street such that the centerline to property line is fifty-feet (50'), as well as a two and one half foot (2'-6") dedication along the alley, such that a center line to the property is twelve feet six inches (12' -6"). 29. The applicant shall Process and meet all parcel merger requirements prior to building permit, or submit proof of merger of the 2 lots prior to building permit. 30.The applicant shall install three (1) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 31. The 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. 32.The applicant shall submit a Condominium Tract Map, and record it after approval by the City. Applicant shall record a CC&R's with recordation of condominium map which provides for irrevocable reciprocal access to parking garages, and landscaping and maintenance of the same by a Home Owner Asssociation 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 , roof mounted or front yard microwave satellite antennas. 33.All open space shall be owned and maintained by either a home owner's association or private property owner. 34. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 35.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. .\C I::~j).\ rtl:\1 ~o. Co 1'\(;1 LCC'()I':d.q 36.Provide fire protection access and facilities as required in writing by Riverside County Fire. 37.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. 38.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". DEDICA TION: 39.The applicant shall dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for widening of the alley right of way prior to issuance of building permit. 40.The applicant shall dedicate 10' wide strip of additional street right of way along the southerly property line to the City for widening of Pottery Street right of way to total of 50' from centerline, prior to issuance of building permit. 41.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 42.Construct all public works improvements from property line to one foot beyond centerline of Pottery Street (the minimum pavement section shall be 4" Asphalt Concrete over 6" Aggregate Base). Construct pavement and centered 2' wide concrete gutter in the alley, (the minimum pavement section shall be 2.5" Asphalt Concrete over compacted native base.) Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 43.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 \(;I.:ND.\ ITI:t;J.NO_(Q, 1'\(;1- n (W ~'1 (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 Lindsay Street centerline and on the alley centerline. 44.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 45. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 46. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 47. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 48.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sun 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. 49. The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 50. The applicant shall provide erosion control measures as part of their grading plan. Developer 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. \(;j-:t\D,\ I'Ir,i\[ ,,"0(.9 1'\(;1- ~)F ~ q 51.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: 52.0n-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. 53.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. 54.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. 55. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 56.The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit; the current total drainage fee for the condominium complex is $1,688.00 (Town No.3 Dist.) and the current TUMF amount is $6,806.00 per unit, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. STORMW A TER/ CLEANW A TER PROTECTION PROGRAM 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. V;LNIH ITLi\! NO. C, )'\(;1-: ~(ll;::.d- q 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. \C;I:ND \ 11'1::\1 NO (p P\UJ:'dOI ~" ,-...... PLANNING COMMISS'1N OCTOBER 17, 2006 R 2006-06 5 UNIT APARTMENT COMPLEX ~. ~s -l~ s~ N AGENDA ITEM NO. 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Ilii! ~ i "Iil ~ Aai,V Z <t -' "- , l!l ,2: c:; <t El< l!l Cl ;z: '0: '>-. t:d Q) ~ r:n ',,-, 'D-Ul t:= "~ ,.5 :3 >- at '<,( ~ ~ :j w ~ 9,. , .lS ,(J8nOd ACfNDA ITEM NO. (e i PACE CiL) OF d~