HomeMy WebLinkAbout10/07/2008 PC Reports
CITY OF LAKE ELSINORE
PLANNING COMMISSION AGENDA
AXEL ZANELLI, CHAIRMAN
JIMMY FLORES, VICE CHAIRMAN
MICHAEL O'NEAL, COMMISSIONER
JOHN GONZALES, COMMISSIONER
PHIL MENDOZA, COMMISSIONER
TOM WEINER, ACTING DIR. COMMUNITY DEVELOPMENT
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 471-1419 FAX
LAKE ELSINORE CULTURAL CENTER
163 NORTH MAIN STREET
LAKE ELSINORE, CA 92530 .
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TUESDAY, OCTOBER 7, 2008
6:00 P.M.
The City of lake Elsinore appreciates your attendance. Citizens' interest provides the
Planning Commission with valuable information regarding issues of the community.
Meetings are held on the 1st and 3'd Tuesday of every month. If you are attending 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.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at
each meeting. The agenda and related reports are also available in the Community
Development Department on the Friday prior to the Planning Commission meeting.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the Community Development Department at (951) 674-3124, ext. 289, at least 48
hours before the meeting to make reasonable arrangements to ensure accessibility. Any
writings distributed within 72 hours of the meeting will be made available to the public at
the time it is distributed to the Planning Commission.
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.)
(1) Minutes for the Followino Plannino Commission Meetinq(s)
a) April 29, 2008
b) September 16, 2008
Recommendation: Approve as submitted.
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).
(2) Mitioated Neoative Declaration No. 2008-07. Conditional Use Permit No. 2008-01,
Tentative Parcel MaD No. 36066. and Commercial Desion Review No. 2008-01. for
the "Greenwald Commercial Center"
Carole Donahoe. Plannino Consultant
Ext. 287, cdonahoe@lake-elsinore.oro
Recommendation:
a. Waive further reading and adopt Resolution No. 2008- recommending
that the City Council of the City of Lake Elsinore, California, adopt findings
that the project known as the Greenwald Commercial Center is consistent
with the Multiple Species Habitat Conservation Plan (MSHCP).
b. Waive further reading and adopt Resolution No. 2008- recommending
to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative
Declaration No. 2008-07 for the Greenwald Commercial Center.
. c. Waive further reading and adopt Resolution No. 2008- reromrnending
that the City Council approve Tentative Parcel Map No. 36066 for the
Greenwald Commercial Center.
(3) Conditional Use Permit No. 2008-22 for "Out ofthe Box Dance Companv & Apparel"
located at 18415 Pasadena Street. Suite "B"
Aoustin Resendiz, Associate Planner
Ext. 232, aresendiz@lake-elsinore.oro
Recommendation: Waive further reading and adopt Resolution No. 2008-
approving Conditional Use Permit No. 2008-22.
(4) Conditional Use Permit No. 2007-22 and Industrial Desion Review No. 2007-04,
Pro Dosed Self-Storaoe Facility located on a 2.7 acre vacant Darcel at the corner of
Corydon Street and Palomar Street
Linda Miller.Plannino Consultant
Ex!. 209. Imiller@lake-elsinore.oro
Recommendation: Deny the request for Conditional Use Permit No. 2007-22 and
Industrial Design Review No. 2007-04.
(5) Residential Desion Review No. 2008-03. for "Jasmine" by Lennar Homes in Rosetta
Hills, Tract MaD No. 31792
Carole Donahoe. Plannino Consultant
Ext. 287. cdonahoe@lake-elsinore.oro
Recommendation: Waive further reading and adopt Resolution No. 2008-
approving Residential Design Review No. 2008-03 for the "Jasmine" Product at
Rosetta Hills, Tract Map No. 31792.
BUSINESS ITEMS
(6) An Amendment to Uniform Sian Prooram No. 2007-07 "Lake Elsinore Outlets"
Kirt COUry. Plan nino Consultant
Ext. 274. kcourv@lake-elsinore.oro
Recommendation: Waive further reading and adopt Resolution No. 2008-
Modifying Uniform Sign Program No. 2007-07.
(7) A Reouest for Public Convenience and Necessity Findinas for Off-Premise Alcohol
Sales From a Prooosed Convenience Store Located Within the Viscaya Villaoe
Shoooino Center Located at 16665 Lakeshore Drive, Suite 'A"
Tom Weiner. Interim Director of Community Develooment
Ext. 270. tweiner@lake-elsinore.oro
Recommendation:
a. Find that alcohol sales in conjunction with the proposed convenience
store will serve public convenience and necessity and direcfthe Acting
Director of Community Development to forward a letter to ABC indicating
as such; or .
b. Deny the request and find that alcohol sales in conjunction with, the
proposed convenience store will not serve public convenience and
necessity.
STAFF COMMENTS
PLANNING COMMISSIONER'S COMMENTS
ADJOURNMENT
The Lake Elsinore Planning Commission will adjourn to a regular meeting to' be held on
Tuesday, October 21 , 2008, at 6:00 p.m. to be held at the Cultural Center located at 183 N.
Main Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, TOM WEINER, Secretary to the Planning Commission, do hereby affirm that a copy of
the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting.
~~~-. )
TOM WEINER
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
/0/2- fo~
DATE I
n
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, APRIL 29, 2008
CALL TO ORDER:
ABSENT:
Chairman O'Neal called the Special Planning Com
6:08 pm. .
PLEDGE OF ALLEGIANCE:
Commissioner Mendoza led the Pledge
ROLL CALL
PRESENT:
n
ommunity Development Preisendanz, Planning
I y Attorney Santana, Public. Works
malo,'and Office Specialist Herrington.
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Tim Fleming, re , stated he is a member of the General Plan Advisory
Committee that w formed more than three years ago and has attended every
meeting and Study Session which included Council Members, Planning
Commissioners and staff. He indicated he was very concerned and involved
citizen of Lake Elsinore and stated there were several issues with the updated
General Plan. He referred to the 1990 General Plan and comments made by the
Califomian Newspaper dated June 19, 2005. . He also referred to the City
Council's February 26, 2008, Assessments District Report given by City staff and
indicated that he believes this is not the time to be down zoning and devaluaing
properties by hundreds of .thousands of dollars. He stated the GPAC would like
the General Plan to serve as a long range planning tool to achieve the vision and
goals and meet the needs of the City. He said it would be most prudent for the
AGENDA ITEM NO.-' 0-...-
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Planning Commission to reconsider its recommendations to City Council for
zoning changes to take place. U
CONSENT CALENDAR ITEMS
None.
PUBLIC HEARING ITEMS
1. General Plan Update
Chairman O'Neal opened the Public Hearing at 6:11 p.m
Gary Washburn, resident, referred to APN Nos. 3
He noted the majority of the property falls north
sits behind the RV Park and believes the I
industrial rather than residential.
1 and347-250-002.
on. He stated it
tter zoned as
L'~d to APN 7-110-001
ensity Residential and the
ed Use and allow a cross
'0 of Residential. He
as not to split zoning
Gary Washburn sR
requested to kee
ndanz stated the logical idea is to
N 375-342-020 and requested the property .
esignation. . .
Director of
been zoned
maintain continu
back.
velopment Preisendanz indicated the property has
rhood Commercial since 1987. He suggested in order
ff is recommending Hillside Residential from Lakeshore
Tim Fleming, requested to come up with a modified plan on some. of the
Neighborhood Commercial as the City needs..
Director of Community Development Preisendanz indicated it is the idea. of
having a long term General Plan. He indicated staff would establish the areas to
maintain some continuity of uses in the area.
Commission Flores recommended staff to review Tim Fleming's plan to see if a
remedy could be made.
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Commissioner Mendoza noted the designation would be the'same regardless of
the economic times. He stated in the past couple years, the Commission has
modified zoning requests. He stated the City needs to get a plan established for
the future of the City. '
Vice Chairman Gonzales pointed out that Mr. Fleming's property is currently for
sale as Commercial and if the zoning is changed to residential then he would not
be able to sell his property.
Tim Fleming pointed out the seller must disclose to any
designation is or what it will be. He indicated any zone
go back to the new designation. He indicated it is n
business issue. He stated the area is a pertec
designated under C-1. ,
Director of Community Development Pr .
properties further. . He noted there is a r
limited along the rear, and it is very difficult t
on the three narrow lots.
('\
Commissioner M
City Council to
nomic times have had an impact on
. g City Council make the final decision.
ree Ith Commission and stated he believes that Mr.
He indicated the best idea for the General Plan is to
(\
John Johnson, ssowner spoke of property know as APN 349-400-034
and indicated the. operty in mention was part of an annexation and was pre-
zoned as Hillside Residential. He stated that the figuration doesn't blend in with
the Residential. He stated he spoke with staff and requested the area to be
zoned Neighborhood Commercial. . ,
Director of Community Development Preisendanz indicated a site inspection was
completed and recommended that the zoning be changed to Neighborhood
Commercial which would give the neighborhood a place to shop. '
Charles Tunstal, business owner spoke of an area of concern near the Porto-
Romano area. " .
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PAGE 4 - PLANNING COMMISSION MINUTES." APRIL 29, 2008
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Director of Community Development Preisendanz indicated staff has looked into U
a Commercial Mixed Use for the area. He noted staff is going to have an
analysis conducted and would bring' it to the" next meeting, with ,a
recommendation. He stated it is staff's intention to 'move the General Plan
forward. He stated staff must be careful not to disturb the EIR; otherwise, it
would need to be re-circulated.
Donna Franson, resident, noted staff needs to make the most of the' General
Plan Update as it will be in effect for 20 or more years. She noted her concerns
with the area ,east of the 1-15 which is zoned for Comm 'al Residential Use.
She stated larger commercial businesses should not en pon the historical,
center of the City. She stated it would be good to s eneral Plan Update .
reflect that area and around Downtown. '
Chairman O'Neal recessed the
rec:onvened the meeting at 7:20 p~
does not have
eeds to be
ilnt. He
r times per ,
Director of Community Development Preisen
a project that is currently planned. He no
completed in the area and the only w
advised ,the public that the General Plan co
year.
, .
Steve Hunter, prope
015, 028, and 029.
side of Pottery
parcels betwee
located on Pottery re
s with APN 374-061-014,
erns a with the area near the west
ensjty with the exception of the six
uggested his parcels whichCire
U
Directo
allo
to
,
areas.
DUlAC are
all of the Ian
would make eve
Hunter recommen
,ent Preisendanz indicated that medium density
e stated the purpose of the designation was
the h densities which fronts some of the industrial
'stonc area is Medium Density as it was, felt that 7.- 18
reminded the Commission that staff needs to look at
es and how they might affect the EIR. He stated staff
to make some changes. He stated the change that Mr.
. appears to be appropriate. ,', ,
Shawn Harrison, representing properties owners of the Collier Marsh, iridicated
there are many issues with the land to Include floodplain issues and biological
resource issues. He indicated the best use for the property would be High
Density Residential.
Director of Community Development Preisendanz stated engineering is looking
at a connection between Pasadena"and Baker Street to provide some continuity
and destination to Nichols Rd. He noted .there are many constraints, wetlands
being one of them. He stated the direction from General Plan Advisory
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PAGE 5 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Committee (GPAC) is to find more Industrial and Business Park areas. He noted
with the direction from GPAC he would continue to support the Industrial use in
that area, especially considering the future circulation from Pasadena to Baker.
Shawn Harrison stated he agrees that industrial needs to be part of the
Business District and the residential land use would be adding development to
the area. He stated he agrees with the connection from Nichols Road to Central
Avenue is necessary for the City and to get the necessary infrastructure.
Director of Community Development Preisendanz ,stated he respectfully
disagrees. He indicated staff has been tasked to locate a uch indust(ial area
as possible. '
Commissioner Zanelli indicated he concurs with the
Mike Quirk, business owner spoke of APN
purchase the land from the City.
Director of Community Development Preis
been designated as Public Institutional. He s
zoned as Limited Industrial.
.#
s Plaza located on
22. e stated it appears that
ixed Use Residential. He
with that zoning.
301-021 and 005 and stated he is
self and indicated they would like to
Dire
the al
Machado
streets. He
there is oppo
take a look at it.
fit Preisendanz spoke of the depth issues in
orhood Commercial could be worked out from'
e in icated access could be obtained from the side
be difficult to develop one single lot. He indicated
er, with restrictions, and suggested having City Council
Commissioner Zanelli suggested looking at the east side of Lakeshore as well.
Director of Community Development Preisendanz spoke of an' area next to the
La Laguna Specific Plan. He noted it was designated as Open Space. He
indicated, since then, it was discovered that there was an annexation effort by La
Laguna Heights to annex into the City. He indicated that the Specific Plan was
approved by an Ordinance and based on the Ordinance and Legal Counsel; the
area would need to be approved as a Specific Plan designation.
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PAGE 6 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Chairman O'Neal recessed the Planning Commission. at 8:13 p.m. and
reconvened at 8:19 p.m. . U
Joseph Banayan, property owner, spoke of APN 374-062-018 which is. located
at Flint and Spring Street. He indicated the property was zoned Commercial and
since has changed to Residential and indicated he did not feel it was not a good
choice for that location.
Director of Community Development Preisendanz disagreed with Mr. Banayan.
He indicated the area is within the Historic Overlay Area and will eventually be
the Downtown District. He stated the idea is to affor portunity for High
Density Residential to allow for residents to walk to Mai for shopping. He
did not recommend changing to Commercial. He al ated that Residential
Mixed Use could be an appropriate use; however, d to look on how it
would effect the traffic and street improvemen nding area. He
suggested taking the Residential Mixed Use idential Mixed
Use.
Chairman O'Neal concurred with
Preisendanz.
Commissioner Mendoza asked
purchalied.
the land
Joseph Banayan stat
054-005-010 and indicated when he
ed R-2 and recommends for the lots
as his vision to eventually build Santa Barbara
~d it is very difficult to build along the hillside..
g, it would make it very difficult to build.
velopment Preisendanz stated he has scheduled a
to discuss the issues with the same area in discussion.
He indicated to es that he could also meet with him at the same time. He
indicated that topo. phy has an issue with that area and making changes to the
zoning could have an affect on the EIR.
Commissioner Mendoza agreed with Mr. Flores indicating the area needs to
relT)ain as it is zoned. .
Weldon Page, resident, stated that Lake Elsinore has potential and stated that
this is what brought him to the area. He indicated it takes time to develop the
land.
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Tim Fleming indicated Mr. Page's has Concerns with one parcel located 00
Collier Avenue, APN 378-020-050 which he owns. He indicated the two lots next
to his are zoned Commercial/lndustrial. Mr. Page inquired as to why his parcels
are not zoned Commercial/Industrial as well.
Director of Community Development Preisendanz responded by saying the
FEMA Map shows the area as Flood Way. He indicated he would check with
FEMA to verify the information.
Christos Smyrniotis, property owner, spoke of APN 378-030-007 and 009 and
indicated the area is zoned Commercial Manufacturing. e was told by the
Planning Commission and the Director of Community D . ent that the area
would be looked into and he wanted to know if the 'ssion has any further
information.
Fred Crowe, resident, spoke of inadequacy
to include issues with. widening and traffic on C
Director of Community Development Preise
chance to review, but would look into the ar .
n
Pete Dawson, resident, spoke 0
possible bike path that abuts the
the County residents.
e eral Plan Update, a
Id haveari effect on
endan dicated Lakeland V'iIIage is
indicated the County supersedes and
tated the City would still like to.
would need to get the approval from
IPN 347-110-076 and3 and indicating that the
Use and would like to have it cha(lged to
Director of Co ni~ evelopment Preisendanz indicated the only suggestion
he would have ~ om mission is to look at a Commercial Land use from the
Specific Plan over Neil Road. He stated the idea is to match the zoning within
the cul-de-sac an allow Residential in that area. He indicated that commercial
uses along Hwy 74 would be appropriate. He indicated he would like to look into
the area more, and discuss with the Commission later.
(\
Wendy Collins, property owner, spoke of APN 349-400-022 which was part of
an annexation that is zoned Low-Medium Residential and requested the lot be
re-zoned as Commercial. .
Director of Community Development Preisendanz suggested to the Commission
to re-examine at that area so it may accommodate Commercial or Neighborhood
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PAGE 8 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Commercial. He noted there is possibly an MSHCP corridor that is slated U
through the area that comes from the south to the north. He stated it could be
designated as Commercial, but would, need to look on how to process the
MSHCP at a later date.
Terri Mendez, resident, spoke of APN 347-110-014 requesting the area be re-
zoned to Commercial or Medium Density.
Director of Community Development Preisendanz indicated staff and the
Commission would be looking at the frontage along Hwy 74.
Director of Community Development Preisenda
could work better for that area.
's property from
Commissioner Flores inquired on how far away is Ms.
High Density.
Elbert Smith, property owner indicated
have been already discussed. He asked
adjacent from Machado Storage. He also aske
located westerly of the ''Viscaya'' sid entia I deve
that the area across
a west from the Viscaya U
Stephen Malarc,
Groves. '
uired about the area known as the
Director 0
Busine
Cou
isendanz indicated the area is zoned
in the City's Sphere of Influence but sti~1 in the
Eric Ma
up" to the
stated overcro
and water shorta
ke of the City's overcrowding and suggested to "catch
evelopment before moving towards High Density. He
d have a negative affect on the City's sewers system
Chairman O'Neal recessed the Planning Commission meeting at 9:30 p.m. and,
reconvened the meeting at 9:40 p.m. '
Tom Tomlinson, representing Castle & Cooke, provided the Commission with a
Power, Point presentation and inquired about some areas of concern, which
included an explanation of the Floodway designation, specifically with the area
pertaining to the area near Pacific Clay.
Director of Community Development preisendanz stated he would,look in~o it. ,
U
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PAGE 9 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
(\
Tom Tomlinson spoke of commercial uses for the development of Commercial
office space or medical where the existing Pacific Clay is located. He indicated it
could also be used for a 60 acre Junior College that could accommodate up to
6,000 students. He indicated part of the issues, with the area, is caused from the
Alberhill Treatment Plant for EVMWD.. He also spoke of designation ownership
as a future Specific Plan subject to the Development Agreement.
Director of Community Development Preisendanz indicated staff has wanted to
do away from the Specific Plan; he indicated the solution would serve two
purposes. He indicated in the Development Agreement it states they would need
to submit a Specific Plan.
65451 requires
there is some
esigns and
. nmental
Tom Tomlinson spoke of his concerns with the traffi
(\
they prepared the Traffic Study for
(lata that was provide was converted
gs units for the purposes of running the
in the study there is a table that shows low-
S up to a maximum of six dwelling units per
for e category, established a mid-range density for
s the exact same approach that was taken from the
process. He stated, it is very rare that through out the
developed at maximum density, and using these mid
em a reasonable and defensible basis for doing the
General Plan anal s and sizes the roadways appropriately. He indicated, even
if every acre of land was shown on the City's Land Use Map, it was calculated as
Residential designation and they would have been using four per acre rather
than the six units per acre. He indicated he believes there were areas within this
particular land area that don't match the boundaries. He indicated the areas that
were designated as commercial land would then have been calculated as
Commercial areas and would not have had dwelling units associated with them.
(\ Director of Community Development Preisendanzstated the Specific Plan looks. .
great however he does not appreciate them stating that the City has done
something wrong because the City analyzed an area that was future Specific
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PAGE 10 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Plan based on the Development Agreement and the General Plan. He asked U
how long it would take to analyze six dwelling units per acre.
Carlton Waters indicated he would recommend looking at the changes
altogether.. He indicated it would take some time to conduct the analysis.
Director of Community Development Preisendanz inquired as' to h'ow it would
affect the EIR.
Carlton Waters indicated the same roadway system be maintained, possibly
with some modifications to the recommended roadway sys
Chairman O'Neal inquired if mass-transit has been co
Carlton Waters stated Metro link was not cons' e d at t
indicated in the General Plan Circulation Ele tbe TIF de
interchange was not included in the update
'w level. He also
for the Nichols
Director of Community Development Preise
is no longer L9. He also noted on the District
and should be noted as A1berhill cific Plan.
extraction area and
Pia In the Pacific Clay area. U
sure it is included in the
MSHCP policy based on the
Pr endanz indicated the new MSHCP
ncil.
rsenting Castle & Cooke acknowledged that
t on the designation. He spoke of the General
of he recirculation under CEQA, the General Plan
MSHCP, the acreage replacement program, and the
ing changes to spot zoning.
Chairman O'Neal sed the Public Hearing at 11 :11 p.m.
INFORMATIONAL
None.
STAFF COMMENTS
Director of Community Development Preisendanz commented on the following:
u
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PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
. He spoke of a Study Session to be held on May 13th at 4:30 p.m. between the
City Council and Planning Commission. He indicated that Hogle-Ireland
would be providing a presentation on the Housing Element.
PLANNING COMMISSIONERS' COMMENTS
None.
ADJOURNMENT
It was motioned by Commissioner Mendoza, seconded by
to adjourn to the May 6, 2008 Regular Planning Com
p.m.. located at 183 N. Main Street, Lake Elsinore, C
om missioner Flores
meeting at 6:00
The Planning Commission meeting adjou
Respectfully Submitted,
Dana C. Porche
Office Specialist I
AGENDA ITEM NO.
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MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET.
LAKE ELSINORE, CA 92530
TUESDAY, SEPTEMBER 16, 2008
ABSENT:
CALL TO ORDER - 6:00 P.M.
Chairman Zanelli called the meeting to order at 6:06 p. .
PLEDGE OF ALLEGIANCE
Commissioner Mendoza led the Pledge of
ROLL CALL
PRESENT:
(\
of the Candidate Forum to be held at the Storm's
p.m. She requested the public to send her
Idates. .
Also present vii or of Community Development Preisendanz, Deputy City
Attorney Santana, ning Manager Weiner, GIS Analyst Barrozo, Public Works
Director/City Engin r Seumalo, Associate Planner Carlson, Project Planner Donahoe,
Planning Technician Bitterolf, Environmental Principal Planner Worthey, .and Office
Specialist Porche.' .
PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO.1
. (\. The following items were listed on the Consent Calendar for Planning Commission
approval:
AGEfWA 1Ti:;;;1 l,O.
PAGE I
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1. Minutes for the Followino Plan nino Commission Meetino(s)
u
a) March 18,2008
b) August 19, 2008
c) September 2, 2008
d) Meeting Minutes for the Housing Element Workshop - August 20, 2008
Recommendation: Approved as submitted.
lhvas moved by Commissioner Mendoza, and seconded b
Gonzales to approve the Consent Calendar Item No.1.
AYES:
The following vote resulted:
NOES:
CHAIRMAN ZANELLI
VICE-CHAIRMAN F
COMMISSIONE
COMMISSIONE
COMMISSIONER O'N
NONE
ABSENT: NONE
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PUBLIC HEARIN
2.
ent Preisendanz provided the Commission with a
prese en I Plan Update. He indicated the Draft General Plan
Update ailed matrix that is divided into 19 districts, which includes
all of the I s and recommendations for the preferred land use plan as
well as subs mmended changes to the Draft. General Plan Text and
District Plan te e highlighted those ~reas that are substantive in nature in order
to expedite the cedures. .. He stated that ultimately ~he Commission would milke
their recommendations to the City Council. He clarified the 'General Plan is
programmatic and not projeCt specific. He also emphasized that ttie ,General Plan'
could be amended up to four times per year for each element. ,.
William Mazel, resident, indicated that he appreciated the effort the Planning
Division has put into implementing the Draft General Plan Update and to get his U
property to where it should be. ' , '
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n Joe Huband, resident, thanked staff for their hard work on the -General Plan. He
spoke of issues in Country Club Heights, particularly where it is zoned Hillside
Residential. He also spoke of Lakeshore Drive where the zoning has been changed
from recreation to single-family residential. He indicated he feels the area should be
zoned commercial to allow for restaurants and other business establishm~nts.
Tim Fleming, resident, recommended to the Commission not to forward the revised
Draft General Plan Update to City Council. He suggested having staff recalculate a
new EIR. He also spoke of the new and varied land use designations and the
changes made.
ing is not a taking. She
~ a series of tests that
ct on the property owner
all economic value on the
Deputy City Attomey Santana clarified what the Com
Council review. She indicated the Commission is 0
staff has recommended regarding the General n date
decision or recommendation if the EIR shoul circulated.
the City Council approve the changes, st ould request dire
Council of the re-circulation of the EIR.
(\
Deputy City Attorney Santana
indicated, in order for a regulatio
would be applied and in essence it
and would permanently deprive the
property.
is a
the City.
use, it wou
mixed use, i
commercial.
roperty owner, requested the Commissioner's
379 -014 as commercial. He indicated Riverside Drive
He i cicated straight commercial is not the best image for
mixed use for the area. He stated, with having a mixed
ore detailed variety. He indicated by re-zoning it down to a
necessarily be a mixed use project and could. still be all
n
Director of Community Development Preisendanz stated it was kept as commercial
as staff did not want to spot-zone or isolate a commercial mixed use. He stated,
should the Commission be willing to consider mixed use for the area, he suggested
having the Commission look at the parcel to the south, but recommends keeping it
as general commercial.
Tom Tomlinson, representing Castle and Cooke, stated he was disappointed with
the lack of changes he suggested to the Commission. He spoke of the area known
AGENDA. ITE,] r~o.---1. h
PAGE 3 c~.B
as the Bowtie area, which is north of the high school. He indicated he had hoped for U
a Specific Plan designation to tie in with the Specific, Plan just north of the area, .
mainly because of the constraints associated with the shape of the property. He
also indicated he was disappointed that staff did not.consider the area north of
Nichols to be considered an M-3 zone, which would conform to the existing land.
Director of Community Development Preisendanz indicated he recommends Hillside
Residential on the "L" shaped piece.
Steven Miles, Miles-Chen Law Grou
Huband, spoke of the Country Club Heights
with staffs recommendation of proposing the
would provide Scenic Vistas, an oke ofthe req
!Q, Space. However
op. He spoke of his
for the EIR.' He stated,
lanning.the General
r the City but for
Tom Tomlinson stated he appreciates the change from
indicated that Hillside Residential would be hard to
concerns with the lack of change with.the circulation
this is the first phase and to not be able to take th
Plan EIR is disappointing and an unnec~ssa
Castle & Cooke.
Joe Wulff, property owner, spoke
as split density which is currently zo
. \(ing his parcel zoned
U
Director of Commu
land uses that ar
He spoke of
maintaining conti
of the slope.
nsultant, indicated he has had several conversations
ur parcels within the Downtown Historic District
. zoning.
evelopment Preisendanzindicated it was changed to high
Harvey Ryan, ent, spoke of his support of recommending the zoning of the
Country Club H hts area as Hillside Residential. He noted the requests to have
the area zoned as high density; however indicated that it would be a shame to have
anything but Hillside Residential.
Gary Jacobs, resident, spoke of the a!ea in Country Clubs Heights and. the lack of
infrastructure due to narrow roads and the lack of water, sewer or fire protection. He
stated that he served on a committee which decided to zone the area as Hillside
Residential or low density.
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AGENDA lTE:jJ~O.
PAGE 1 OF
n Paul Castanio, resident; indicated he was pleased to see the area known as
Lakeside Residential was switched from recreation to residential and spoke of the
need for commercial development to serve the boating community and all of the
activities that take place on the lake. '
Dan Uhlry, resident, spoke of the lack of commercial along the lakeside. He also
requested clarification of the high water mark and how it relates to the building pad
level of 1265', '
Director of Community Development Preisendanz stated 1. .~ a high water mark
that was determined by FEMA which is based on data t s provided. He stated
staff was looking for an area that could calculate lot c
Susan Holton, resident, thanked staff for the w
Draft General Plan Update. She spoke of th
and Poe and requested the area be design
suggested changing the name from Dow
completed on the
een Langstaff
'al. She also
District,
n
Commissioner O'Neal inquired if t
the re-circulation of the EIR.
eluded a line item for
Director of Commu
contract did not i
icated that the Jones/Stokes
f the EIR.
goals
Commis
address th
General Plan
Council.
staff's reco He indicated
no eliberated on the Draft General Plan
ICI s and objectives, and for this he stated he
mendation of the Draft General Plan Update. He
tion including, having the land use map revised
anges to the General Plan text, such as policies,
par and red-lined to include strikeout for Planning
. He also recommended re-circulating the Draft EIR to
n Update revisions and bring the re-circulated EIR and
ack to the Planning Commission for recommendation to City
Commissioner Gonzales stated he sees no problems to the changes recommended
during the meeting,
('I
Commissioner Mendoza stated staff has done a great job working with the residents
and community by making the necessary changes.
Vice Chairman Flores stated staff has done an outstanding job on providing the Draft
General Plan Update and public input. He commented the General Plan could be
ACENDA ITEM No,-1 b
PAGE CS o;:~
changed up to four times a year. He inquired as to when a change could be made to U
the General Plan.
Director of Community Development Preisendanz stated, normally there are
changes when there is a request from a developer. He stated staff tries to
coordinate. them up to four times a year. -
Vice Chairman Flores asked if the residents in tlie area of possible zone change
would be notified. .
Director of Community Development Preisendanz stat
be notified of any changes in zoning. He stated he a
he received while making the changes to the Gene
extremely difficult to accommodate everyone's r
requested to have the General Plan Update
U
Chairman Zanelli th
and thanked the
e Draft General Plan Update
econded by Commissioner Gonzales
sed land use map in the Draft General
co by staff and all necessary and appropriate
sed General Plan Update be competed and the Draft
be revised and re-circulated, if necessary, prior
and General Plan Update to the City Council for
The following vo
AYES:
NOES: ,
CHAIRMAN ZANELLI
VICE-CHAIRMAN FLORES
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
COMMISSIONER O'NEAL
U
ACENOA-ITEli1NO._J b
PACE Ie OF B
n
ABSENT: NONE
ABSTAIN: NONE.
BUSINESS ITEMS
None
STAFF COMMENTS
erside Drive and
. n on Tuesday,
Public Works Director/City Engineer Manager Seumalo
. He indicated that staff opened the bids for th
Machado Street, which would be taken to Cit
September 23rd.
. He indicated staff held a pre-constructi
phase I project, which is anticipated to comm
. He spoke of the ramp work at the interchange a
part of Cal-Trans maintenance.
n
PLANNING COMMISSIONERS' COM
Commissioner O'Neal commented on ·
. None.
Co
on the following:
Vice-Chairma
mented on the following:
· He requested st s of lake Street road-improvements off 1-15 freeway. Public
Works Director/ ity Engineer Manager Seumalo indicated he has a meeting with
Alberhill Ranch project Manager on Wednesday. He stated some road
improvements are contingent with a certain number of houses that are occupied. He
indicated he would check into the matter.
n
Chairman Zanelli commented on the following:
. He thanked everyone for their attendance.
AOENDA ITEM NO. / h
PAGE 7 OF 8
ADJOURNMENT
It was motioned by Commissioner Gonzales, seconded by Commissioner O'Neal to
adjourn to the October 7,2008, Regular Planning Commission meeting at 6:00 p.m.
located at 183 N. Main Street, Lake Elsinore, CA. 92530. .
The Planning Commission meeting adjourned at 8:25 p.m.
Respectfully Submitted,
DANA PORCHE
OFFICE SPECIALIST III
ATTEST:
TOM WEINER
ACTING DIRECT
ACENDA ITEM NO.
PACE f!,
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OF 8
CITY OF ~
, rCAIZE 6LSiI10~
, ," I
~....&.DREAM E,XTREMEw
'REPORT TO PLANNING COMMISSION
: TO: CHAIRMAN AND MEMBERS OF
THE PLANNING COMMISSION
FROM: TOM WEINER
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
'DATE:.. OCTOBER 7, 2008
PROJECT: MITIGATED NEGATIVE DECLARATION NO. 2008-07,
CONDITIONAL USE PERMIT NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066, AND
COMMERCIAL DESIGN REVIEW NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER."
, (1 APPLICANT: ED' SAULS, THE SAULS COMPANY, 742 SUMMIT DRIVE, SUITE 100,
LAGUNA BEACH, CA 92651
OWNER: GEORGE FILlOS, GREENWALD LLC, CIO FILlOS CONSTRUCTION,
9640 W. TROPICANA AVENUE, LAS VEGAS, NEVADA 89147
PROJECT REQUEST
The applicant requests approval ,to subdivide 13.9.:!: acres into five parcels, and to
construct a 98,587 square foot neighborhood shopping center in 'six buildings, including
general offices, medical offices, restaurants with outdoor patio dining, and' a gasoline
dispensing establishment with mini-mart and drive~through.
PROJECT LOCATION
The project site is located on the north side of Greenwald Avenue, at the northeast
comer of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its
North Gate, and known as Assessor's Parcel No. 349-290-009.
(1
Page 1 of 7,
Agenda Item No, 2
Page ---L- of ~
PLANNING COMMISSION STAFF REPORT
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008
ENVIRONMENTAL SETTING
u
EXISTING LAND USE ZONING GENERAL PLAN
Project Vacant C1-Neighborhood Neighborhood
Site Commercial Commercial
North Vacant County Sphere of Influence:
Very Low Density
Residential, 2-acre min.
South Vacant Tuscany Hills Specific Plan Tuscany Hills SP &
(Open Space) & C-1 Neighborhood
NeiQhborhood Commercial Commercial
East Residential City of CC!nyon Lake Not within the City's
Sahere of Influence
West Vacant R-1 Single Family Very LoW Density
Residential Residential, 2-ac. min.
PROJECT DESCRIPTION
The project proposes a retail center with one and two-story buildings nestled in the
rolling hills at the northeast end of the City. The center is designed to service the future
residents of "Toscano" (North Tuscany Hills), as well as .the existing residents of U
Tuscany Hills (when Summerhill is eventually constructed to Greenwald), the future
residents of Little Valley, the existing residents of Canyon Lake, and the surrounding
rural residential areas of the County.
Uses are those typically found in the C1 - Neighborhood Commercial zone, including
restaurants, offices, medical offices, shops, and gas station/drive-through mini-mart.
The project features two entries from Greenwald. one being Dowling Street, which is
proposed as a future connection to County development to the north. There is also a
second connection to the north from the center's circulation drive, allowing ease of
access to Country residents to neighborhood shopping.' Staff and the applicant worked
together to offer a multi-purpose trail at the far east end of the center, which allows
equestrian use, as well as golf cart use from residents of Canyon Lake. However, only
"street legal" golf carts driven by DMV-Iicensed individuals are permitted on City of Lake
Elsinore streets. '
ANALYSIS
Commercial Design Review
Building Elevations & Materials
u
Pag!l2 of}
Agenda Item No. 2-
PageLof~
('
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PLANNING COMMISSION STAFF REPORT
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008
According to the applicant's architect, his design was intended to blend with the
surrounding rural and natural landscape, bringing into the center elements of rock and
stone veneers~ The center is uniquely modern, with simple lines and many- angles.
Fabric awnings and shade sails enrich the center with color and provide much-needed
shade. The galvanized aluminum standing seam metal- roof is similar to recently - -
developed shopping centers, such as Dos Lagos in Corona.
The buildings incorporate a variety and multi-leveled rooflines, including tower elements
throughout. Mechanical equipment and air conditioning condensers are properly
screened behind these features and parapet walls.
Minor Design Review
The Greenwald Center is conditioned to submit an application for - a Minor Design
Review (MDR) for each and every building prior to construction. The MDR will be
administratively reviewed and approved for consistency and compliance with
Commercial Design Review No. 2008-01, Conditional Use Permit No. 2008-01,
Tentative Parcel Map No. 36066 and the Conditions of Approval thereto.
Greenwald Avenue
As a courtesy, Staff notified representatives from Centex Homes, who are conditioned
to construct improvements to Greenwald Avenue including two box culvert
undercrossings during their development of North Tuscany Hills. The applicant and
Centex Homes remain in negotiations regarding time of improvements and off-site
permission to grade. The Greenwald Center is conditioned to provide these
improvements in the event that they are not completed prior to development.
Tentative Parcel Map No. 36066
The applicant proposes to subdivide the center into five parcels, each providing its
appropriate share of parking and landscaping. However, the center will be governed by
the Covenants, Conditions and Restrictions (CC&Rs) required for the project, and
submitted for review and approval by the City Attorney's Office. CC&Rs will provide for
reciprocal access and egress, shared parking and maintenance responsibilities of the
property owners' association. -
Conditional Use Permit No. 2008-01
The gasoline dispensing establishment with drive-through and - the outdoor seating
areas in the C1 zone require the approval of Conditional Use Permit No. - 2008-01, in
accordance with the Lake Elsinore Zoning Code. Additionally, because the building
towers proposed are at a maximum height of 40 feet, which exceeds the 35-foot limit in
the C1 zone, Conditional Use Permit No. 2008-01 incorporates such use.
Page 3 of7
Agenda Item No. 2-
Page l. ofE
PLANNING COMMISSION STAFF REPORT
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008 .
ENVIRONMENTAL DETERMINATION
u
The City conducted an Initial Study to determine if the Project would result in significant
impacts on the environment. Based upon the results of the Initial Study, there was
substantial evidence that any potential impacts to the environment associated with the
Project could be mitigated to le~s than significant levels. As such, a Mitigated Negative
Declaration (MND) was prepared to disclose potential environmental impacts and to
propose mitigation for those impacts.
City staff received ten (10) comment letters on the MND during the 30-day public review
comment period. Of the ten letters received, two (2) were from regulatory agencies,
four (4) from interested Tribes, one (1) from the County, and three (3) from the City of
Canyon Lake. All letters received within the 30-day public review and comment period
were included along with appropriate responses in the Final MND. A notice of the
Planning Commission hearing was provided to all those who commented not less than
ten (10) days prior to that date of October ill, 2008. - _
In addition, two (2) comment letters were received after close of the public review and
comment period. These two late letters from the Regional Water Quality Control Board
(RWQCB) and Riverside County Flood Control District were not responded to by City
staff and did not become part of the Final MND documentation. The two late letters
have been included with this staff report and are part of the administrative record. It
should be noted that CEQA does not require that Lead Agencies respond to late U
comments on a MND. As such, City staff does respond to all comments, if they are
received within the public review and comment period pursuant to CEQA.
The primary opposition to the Greenwald project is from the Wildlife Agencies (a
collective of the California Department of Fish and Game and U.S. Fish and Wildlife
Service), from those representing the City or Canyon Lake, and from RWQCB. As
mentioned above, RWQCB comments were not addressed as part of the Final MND;
however, should the Commissioners have any questions about RWQCB comments,
City staff is prepared to answer them.
The Wildlife Agencies
As it relates to the Wildlife Agency letter, the primary issue relates to their interpretation
that the project as proposed is not consistent with what they anticipated in the MSHCP
when they issued "take authorization" and permits.
In response the Wildlife Agencies, City staff stated that on March 19, 2007,_ the results
of the Joint Project Review (JPR) process concluded that the Greenwald project, as
proposed, is consistent with the MSHCP. Development of the project would not conflict
with the minimum Reserve Assembly criteria of 55% of Cell Group Y. The location of
the development would increase some edge effects in the Proposed Linkage 7, and
U
Page 4 of?
Agenda Item No. "2-
Page'~of (0(.,
{\
{\
(1
PLANNING COMMISSION STAFF REPORT.
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008
therefore. may not represent ideal conditions from a reserve design standpoint.
However, the overall width of the Linkage will not be compromised, nor wiil the goals.
and objectives of the MSHCP as it relates to this Linkage. To minimize edge effects,
the City has required the project incorporate Urban Wildlands Interface Guidelines as
defined in Section 6.1.4 of the MSHCP. It should also be noted that not only can the
project be considered consistent with the MSHCP based upon its own merits, this
project was one of an overall group of projects that was considered consistent with the
MSHCP on a cumulative basis at the time the City was considering whether or not to
participate in the MSHCP.
Because the project completed the JPR process as required, and was determined
consistent with the MSHCP, no further analysis as it pertains to CEQA is required.
Further, payment of mitigation fees and compliance with Section 6.0 is intended to
provide full mitigation under CEQA. As such, an MND was and continues to be the
appropriate CEQA document for the Greenwald project because all impacts can be
mitigated to less than significant levels. An EIR is not required for this project pursuant
to CEQA Guidelines Sections 15006 and 15070.
City of Canyon lake
In response to those commenting on behalf of Canyon lake, the primary issue has and
continues to be the location of the multi-purpose trail. During the early phases of project
design, the applicant and City of lake Elsinore (City) staff worked together to include
amenities, specifically golf cart access and an equestrian trail based upon requests by
City of Canyon lake staff [Canyon lake and the Property Owners Association (POA)].
Although these amenities do not benefit the citizens of Lake Elsinore, these amenities
were agreed upon in good faith for the Canyon. lake residents. At the request of the
Canyon lake staff because of their concerns regarding their own liability, the amenities
are being modified.
The existing easement along the eastern edge of the proposed project was preserved
by the applicant with the intent that the area would be used as a multi-purpose trail. .
Canyon Lake staff expressed concern over the trail's location due to its proximity to the
north gated entrance of Canyon lake. They suggested the trail be relocated to the west
side of Dowling Road away from the gated entry. There are considerably more conflicts
associated with the Dowling location. These conflicts are related to safety such as sight
distance issues and a lack of intersection control in this area. Traffic would be moving .
at higher speeds at Dowling than at the gated entryway. The City does not believe that
the applicant should bear the financial burden associated with installation of a traffic
signal at this Dowling location when technical analysis provided evidence that there are
no significant traffic impacts associated with the project as proposed. In addition, the
intent at Dowling would be to direct trail users to the south across Greenwald over to
another proposed commercial area. Currently there are no existing rights of access to
this commercial area. Furthermore, running the trail through the proposed project along
Page 5 of7.
Agenda Item No. 2-
Page ..5...- of ~
PLANNING COMMISSION STAFF REPORT
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008
Dowling may not in itself warrant any additional regulatory permitting process; however, ' U
additional expense would have to be borne by the applicant to ensure that the horses,
do not venture off the trail and into sensitive protected areas.
In summary, City staff and the applicant have done their best to provide amenities for
the Canyon Lake residents, and have expended considerable effort in doing so,
including attending a meeting at Canyon Lake on September 2, 2008 in an attempt to
resolve issues raised, by the Canyon Lake staff and POA. Canyon Lake staff has
reviewed recommendations by Urban Crossroads to provide traffic control measures at
the north gate for the purposes of safety. These measures include appropriate signage
and gate exit treatments, and do address the concems of Canyon Lake staff.
Unfortunately, the Canyon Lake staff and POA continue to be unwilling to, implement
any of the appropriate measures as recommended. The Canyon Lake staff and POA
continue to request that the entire burden of expense and liability be placed upon the
City of Lake Elsinore and the applicant for whom the benefits do not apply. The
successful incorporation of the amenities for Canyon Lake residents requires
participation by the City of Canyon Lake staff and POA. The City of Lake Elsinore
respectfully continues to make the opportunity available for Canyon Lake to participate
in the steps necessary to provide the desired amenities for their residents.
Staff has determined that the Mitigated Negative Declaration for the Project is adequate
and has been completed in accordance with CEQA, the State CEQA Guidelines, and U
the City's procedures for implementation of CEQA.
RECOMMENDATION
Staff recommends that the Planning Commission adopt resolutions recommending to
the City Council of the City of Lake Elsinore that they adopt or approve:
1) Findings of Consistency with the Multiple Species Habitat Conservation Plan, and
2) Mitigated Negative Declaration No. 2008-07 and the Mitigation Monitoring and
Reporting Program appertaining thereto, and,
3) Tentative Parcel Map No. 36066.
Staff recommends that the Planning Commission adopt resolutions approving:
1), Commercial Design Review No. 2008-01, and
2) Conditional Use Permit No. 2008-01.
u
Page ,6 of 7
Agenda Item No. 2-
Page..k of ~
PLANNING COMMISSION STAFF REPORT
MND 2008-07, C2008-01, CUP 2008-01, TPM 36066
OCTOBER 7, 2008
n
Prepared By:
('
n
Carole K. Donahoe, AICP, Project Planner
Approved By:
'~
Tom Weiner, Acting Director of Community Development
Attachments:
1. Exhibit 'A' - Vicinity Map
2. Resolution No. 2008-_ recommending to the City Council adoption of FindinQs
of Consistencv with the Multiple Species Habitat Conservation Plan.
3. Resolution No. 2008-_ recommending to the City Council adoption of MitiQated
NeQative Declaration No. 2008-07 and the MitiQation MonitorinQ and
Reportino Prooram appertainino thereto. ,
a. Exhibit 'B' - Final Initial Study/Mitigated Negative Declaration No. 2008-07,
Mitigation Monitoring and Reporting Program, and Final MND (Previously
distributed on 9-16-08)
4. Resolution No. 2008-_ recommending to the City Council approval of Tentative
Parcel Map No. 36066
a. Exhibit 'C' - Tentative Parcel Map No. 36066 (Enclosure)
b. Exhibit 'D' - Grading and Drainage Plan (Enclosure)
5. Resolution No. 2008-_ approving Conditional Use Permit No. 2008-01.
6. Resolution No. 2008-_ approving Commercial Desion Review No. 2008-01.
a. Conditions of Approval
b. Exhibit 'E' - Site Plan (Enclosure)
c. Exhibit'F' - Conceptual Landscape Plan, Sheets 1 and 2 (Enclosure)
d. Exhibit 'G' - Floor plan for Parcel 2 and 5. Drawing 1
e. Exhibit 'H' - Elevations, Drawings 2A and 2B
f. Exhibit 'I' - Perspectives Drawing 3
g. Exhibit 'J' - Building Sections Drawing 4
h. Exhibit 'K' - Images.
1. ' Exhibit 'L' - Color & Materials Board (Displayed at Commission hearing)
7. Correspondence
a. Riverside County Flood Control letter received September 4, 2008.
b. California Regional Water Quality Control Board letter dated September 8,
2008.
8. Acknowledgement of Draft Conditions
9. Draft Notice of Determination
Page 7 of?
Agenda \lem No. 2--
Page.:l of JQE
VICINITY MAP
COMMERCIAL DESIGN REVIEW 2008-01, CUP 2008-01
TPM 36066
APN 349-290-009
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PLANNING COMMISSION
1 0/07/2008
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EXHIBIT
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ACENDA ITEM RO. 2-
__ __ (1) .^ I
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RESOLUTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT
FINDINGS THAT THE PROJECT KNOWN AS THE GREENWALD
COMMERCIAL CENTER IS CONSISTENT WITH THE MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Ed Sauls, of The Sauls Company, filed an application with the City of
Lake Elsinore requesting approval of Commercial Design Review No. 2008-01,
Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 (the
"Project") for the design and construction of a 98,587 square foot neighborhood
shopping center in six buildings on a 13.9~ acre site with related improvements, located
on north side of Greenwald Avenue, at the northeast comer of the City of Lake Elsinore,
directly adjacent to the City of Canyon Lake and its North Gate, and known as
Assessor's Parcel No. 349-290-009, (the "Property"); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land within an MSHCP criteria cell and which require discretionary
approval by the legislative body undergo the Lake Elsinore Acquisition Process
("LEAP") and a Joint Project Review ("JPR") between the City and the Regional
Conservation Authority ("RCA") prior to public review of the project applications; and
WHEREAS, Section 6.0 further requires that development projects within or
outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide
Requirements"; and
WHEREAS, the Project is discretionary in nature and requires review and
approval by the Planning Commission and/or City Council; and
WHEREAS, the Project is within a MSHCP criteria cell of the Elsinore Area Plan,
and therefore, the Project was processed through a LEAP and JPR as well as reviewed
pursuant to the MSHCP "Plan Wide Requirements"; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency
findings prior to approving any discretionary project entitlements for development of
property that is subject to the MSHCP; and
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council regarding the consistency of
discretionary project entitlements with the MSHCP; and
WHEREAS, public notice of the Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on October 7,2008.
Agenda Item No. 2-
Pagelof~
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE20F4
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: U
SECTION 1. The Planning Commission has considered the proposed
application and its consistency with the MSHCP prior to making a decision to
recommend that the City Council adopt findings that the Project is consistent with the
MSHCP.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission makes the following findings:
1. The proposed project is a project under the City's MSHCP Resolution, and the
City,must make an MSHCP Consistency finding before approval.
The Property is located within a MSHCP criteria cell. As such, the Project has
been processed through the LEAP and JPR, as well as reviewed for consistency
with the MSHCP "Plan, Wide Requirements,<< including Section 6.1.2
Riparian/Riverine Areas and Vernal Pool Guidelines.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
As stated above, the Property is located within a MSHCP criteria cell and
therefore the Project was processed through the LEAP and JPR.
U
3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal
Pools Guidelines. '
A total of 0.06 acres of mule fat scrub and southern willow scrub occur on the
Property but would notbe impacted by the Project. Further, neither vernal pools
nor the conditions that support vernal pools exist onsite as the majority of the
project site is Riversidean sage scrub and disturbed land. However, vemal pools
are not the only habitat in which fairy shrimp could exist. Due to the disturbance
on the project site and lack df native habitat, the project site is not expected to
support any of the MSHCP Riparian/Riverine plant or wildlife species. The
. Project is therefore consistent with. the Riparian/Riverine Areas and Vemal Pool
,Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding
this section of the MSHCP is required.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
Per MSHCP requirements, the Property is not subject to the Narrow 'Endemic
Plant Species Guidelines set forth in Section 6.1.3. No further action regarding
this section of the MSHCP is required.
U
Agenda Item No. ~
page~of~
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE30F4 -
n 5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
Per MSHCP requirements, the Property is not subject to any ofthe Critical Area
Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with
the exception of Burrowing Owl. A focused burrowing owl survey was conducted
in accordance with the Burrowing Owl Survey Instructions of the MSHCP. No
burrowing owls or burrowing owl signs were observed on the Property or
adjacent lands. As required by the MSHCP, mitigation has been included to
conduct a Burrowing Owl survey 30 days prior to any ground-disturbance,
including the removal of vegetation or other debris. No further action regarding
this section of the MSHCP is required.
. 6. The proposed project is consistent with the Urban/Wildlands .Interface
Guidelines.
. The Property is located adjacent to MSHCP Conservation Area, and therefore
project design features and best management practices are incorporated into the
Project to address and minimize edge effects associated with run-off, night
lighting, and noise-generating land uses. As such, the Project is consistent with
Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP.
No further action regarding this section of the MSHCP is required.
n 7. The proposed project is consistent with the Vegetation Mapping requirements.
None of the resources for which the vegetation mapping requirements apply will
be impacted by the Project. No further action regarding this section of the
MSHCP is required.
8. The proposed project is consistent with the Fuels Management Guidelines.
The MSHCP acknowledges that brush management to reduce fuel loads and
protect urban uses and public health/safety shall occur where development is
adjacent to conservation areas. The Property is adjacent to open areas that may
require on-going brush abatement to reduce fire risk. One of the scenarios in the
Fuels Management Guidelines is that any new development planned adjacent to
a MSHCP conservation area or other undeveloped area shall incorporate brush
management guidelines in the development boundaries and shall not encroach
into MSHCP conservation areas. Because the Project is non-residential, has
incorporated building setbacks and appropriate fire-resistant materials in the
design, and will not encroach into MSHCP conservation areas, the Project is
consistent with the Fuels Management Guidelines as set forth in Section 6.4 of .
the MSHCP. No further action regarding this section of the MSHCP is required.
9. The proposed project will be conditioned to pay the City's MSHCP Local
n Development Mitigation Fee.
Agenda Item No. 2-
Page'-.lL of ~
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE40F4
The developer "'(ill be required to, pay, the City's MSHCP Local Development U
Mitigation Fee.
10. The proposed project is consistent with the MSHCP.
, ,
, The Project is consistent with all applicable provisions of the MSHCP. No further
actions related to the MSHCP are required.
SECTION 3. Based upon the evidence presented, the above findings, and the
conditions of approval attached to the Resolution approving Commercial Design Review
No. 2008-01, the Planning Commission hereby recommends that the City Council of the
City of Lake Elsinore adopt findings that the Project is consistent with ~he MSHCP:
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption. -
PASSED, APPROVED AND ADOPTED on this seventh day of October 2008.
AYES:
. NOES:
u
ABSTAIN:
ABSENT:
ATTEST:
Axel Zanelli, Chairman
City of Lake Elsinore
Tom Weiner
Acting Director of Community Development
u
"
Agenda Item No. 2-
Page ~ of JQfa
n
RESOLUTION NO. 2008-_
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. 2008-07 FOR THE GREENWALD COMMERCIAL
CENTER
n
WHEREAS, Ed Sauls, of The Sauls Company, (the . "Developer") filed an
application with the City of Lake Elsinore requesting approval of Commercial Design
Review No. 2008-01, Tentative Parcel Map No. 36066, and Conditional Use Permit No.
2008-01 (the. "Project") for the design and construction of a 98,587 square foot
neighborhood shopping center in six. buildings on a 13.9:!: acre site with related
improvements, located on north side of Greenwald Avenue, at the northeast corner of
the City of Lake Elsinore, directly adjacent to the City of. Canyon Lake and its North
Gate, and known as Assessor's Parcel No. 349-290-009, (the "Property"); and
WHEREAS, the Project is subject to the. provisions of the California
Environmental Quality Act (Public Resources.Code ~~ 21000, et seq.: "CEQA") and the
State Implementation Guidelines for CEQA (14 California Code of Regulations ~~
15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may
cause either a direct physical change in the environment, or a reasonably foreseeable. .
indirect physical .change in the environment, and involves the issuance of a lease,
permit license, certificate, or other entitlement for use by one or more public agencies
(Public Resources Code ~ 21065); and
WHEREAS; pursuant to CEQA Guidelines Section 15063, the City conducted an
Initial Study to determine if the Project would have a significant effect on the
environment. . The Initial Study revealed that the project would have potentially
significant environmental impacts but those potentially significant impacts could be
mitigated to less than significant levels; and . .
WHEREAS, based upon the results of the Initial Study, and based upon the
standardssetforth in CEQA Guidelines Section 15070, it was determined appropriate to
prepare and circulate Mitigated Negative Declaration No. 2008-07 for the Project (the
"Mitigated Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines section 15072, on August 1, 2008, the
City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and
WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated
Negative Declaration was made available for public review and comment for thirty days
beginning on August 1, 2008, and ending on September 2, 2008, 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 mitigated negative declarations; and
n
Agenda Item No. 2-
Page n of .J.Lle
PLANNING COMMISION RESOLUTION 2008-_
PAGE20F3
WHEREAS, public notice of the Project and the Mitigated Negative Declaration U
have 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 7,2008.' .
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true arid correct and are hereby
incorporated into these findings by this reference. ' , '
SECTION 2. The'Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed the Mitigated Negative Declaration.
Written responses to comments received on the Mitigated Negative Declaration during
the public comment period were prepared and circulated. The Planning Commission
hereby finds and determines that all public comments have been addressed.
SECTION 3. The Planning Commission hereby recommends to the City Council
that the Mitigated Negative Declaration for the Project is adequate and has been
completed in accordance with CEQA, the State CEQA Guidelines, and the City's '
procedures for implementation of CEQA. The Planning Commission has reviewed and
considered the information contained in the Mitigated Negative Declaration and finds
that the Mitigated' Negative Declaration represents the independent judgment of the
City.'" U
SECTION 4. The Planning Commission further finds and determines that none
of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation
of the Mitigated Negative Declaration are present and that if would be appropriate to
adopt the Mitigated Negative Declaration as proposed.
SECTION 5. The Planning Commission hereby makes, adopts, and incorporates
the following findings regarding the Mitigated Negative Declaration:
1. . Revisions in the Project plans or proposals made by or agreed to by the
applicant before a Mitigated Negative Declaration and Initial Study are
released for public review would avoid the effects or mitigate the effects to '
a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial
evidence suggesting that all potential impacts to the environment resulting
from the Project can be mitigated to the less than significant/evels. All
appropriate and feasible mitigation has been incorporated into the Project
design. The, Mitigation Monitoring and Reporting Plan contains an
implementation Program for each mitigation measure. After
implementation of the mitigation contained in the Mitigation Monitoring and
Reporting Plan, potential environmental impacts are effectively reduced to
less than significant levels. U
Agenda Item No. :2-
Page il of"];Jp
(1
(\
(\
PLANNING COMMISION RESOLUTION 2008-_
PAGE 3 OF 3
2.
There is no substantial evidence, in the light of the whole record before
the agency, that the Project as revised may have significant effect on the
environment.
Pursuant to the evidence received, and in the light of the whole record
presented, the Project will not have a significant effect on the environment.
SECTION 6. Based upon the evidence presented, the above findings, and' the
conditions of approval attached to the Resolution approving Commercial Design Review
No. 2008-01, the Planning Commission hereby recommends that the City .Council
approve Mitigated Negative Declaration No. 2008-07.
SECTION 7. This Resolution shall take effect from and after the date of its passage
and adoption.
2008.
PASSED, APPROVED AND ADOPTED on thi~ seventh day of October
AYES:
NOES:
ABSTAIN:
ABSENT:
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Ilem No. J-
Page 12... of ~
RESOLUTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE PARCEL MAP NO. 36066 FOR THE
GREENWALD COMMERCIAL CENTER
u
WHEREAS, Ed Sauls, of The Sauls Company {the "Developer"), filed an
application with the City of Lake Elsinore requesting approval of Tentative Parcel Map
No. 36066 ("the Subdivision"), in conjunction with the improvements that are proposed
by Conditional Use Permit No. 2008-01 ("the CUP") and by Commercial Design
Review No. 2008-01 ("the Design"); and
WHEREAS, the Developer proposes the project on a 13.9.:!:. acre site
located on the north side of Greenwald Avenue, at the northeast corner of the City of
Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and
known as Assessor's Parcel No. 349-290-009 (the "Site"); and .
WHEREAS, the Design Review includes design details for 98,587
square foot neighborhood shopping center in six buildings; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has
been delegated with the responsibility of reviewing and making recommendations to
the City Council regarding commercial projects; and U
WHEREAS, public notice of the Subdivision has been given, and the
Planning Commission has considered evidence presented by the Community
Development Department and other interested parties at a public meeting held with
respect to this item on October 7,2008.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed design
for the Greenwald Commercial Center and related amenities prior to making a decision
and has found them acceptable.
SECTION 2. The Planning Commission has - considered Mitigated' Negative
Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated
Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made, and the Planning Commission recommends that the City Council adopt
Mitigated Negative Declaration No. 2008-07.
u
Agenda Item No. 2..
Page lkL of J:QJP
(1
(\
(\
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE20F3
SECTION 3. That in accordance with the Subdivision Map Act and the City of
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for the approval of Tentative Parcel Map No. 36066:
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with the goals and objectives, policies, general land
uses, and programs specified in the General Plan (Government Code Section
66473.5).
The General Plan and Zoning Map designate the site for Neighborhood
Commercial. Subdividing the commercial site into five ownership parcels is a
common and acceptable practice. The proposed project and its. uses are
. consistent with the goals and objectives of the General Plan in providing
suitable commercial opportunities for its residents.
2. The site of the proposed division of land is physically suitable for the proposed
density of development in accordance with the General Plan.
The General Plan calls for neighborhood commercial development in this area,
to serve local residents of Tuscany Hills, the City of Canyon Lake, and the
surrounding rural residential homes in the County. Buffer areas for landscaping
have been provided. Access to adjacent residential properties have been
included in the design for pedestrian, vehicular, and golf carts as well as an
equestrian access to possible trails to the north.
3. The effects that this project are likely to have upon the housing needs of the
region, the public service requirements of its residents and the available fiscal
and environmental resources have been considered and balanced.
a. . The subdivision is consistent with the City's General Plan. During the
approval.of the City's General Plan, housing needs, public services and
fiscal resources were scrutinized to achieve a balance within the City.
b. The subdivision has been conditioned to annex into the Public Safety
and Maintenance Services Mello-Roos Community Facilities District
(CFD) to offset the annual negative fiscal impacts of the project,
4. The design of the proposed division of land or type of improvements is not likely
to cause serious public health problems.
The subdivision is conditioned to comply with all development standards of the
C-1 Neighborhood Commercial Zone. These standards have been prepared
and reviewed to benefit the public health, safety and welfare.
5. The design of the proposed division of land or the type of improvements will not
conflict with easements, acquired by the public at large, for access through or
use of property within the proposed division of land.
Agenda Item No. ~
Page J::l of ~
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 3 OF 3
a.
All known easements or requests for access have been examined and
incorp'orated into Tentative Parcel Map No. 36066.
b. The map has been circulated to City departments and outside
agencies, and appropriate conditions of approval have been applied
for their approval during construction. .
u
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution approving Commercial Design
Review No. 2008-01, the Planning Commission hereby recommends approval of
Tentative Parcel Map No. 36066.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this seventh day of October
2008.
AYES:
NOES:
ABSTAIN:
ABSENT:
u
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
u
Agenda It~m No. 2-
Page...l..8-of@
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AGENDA ITEM ftO. 2..!
(\
RESOLUTION NO. 2008-_
. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008-01 FOR THE
GREENWALD COMMERCIAL CENTER
(\
WHEREAS, Ed Sauls, of The Sauls Company (the "Developer"), filed an
application with the City of Lake Elsinore requesting approval of Conditional Use
Permit No. 2008-01 (the "CUP") f9~ the improvements that are proposed in conjunction
with Commercial Design Review No. 2008-01 (the "Design Review") and Tentative
Parcel Map No. 36066 (the "Subdivision"); and
WHEREAS, the Developer proposes the projecton a 13.9:t acre site located on
. the north .side of Greenwald Avenue, at the northeast comer of the City of Lake
Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known
as Assessor's Parcel No. 349-290-009 (the "Site"); and
WHEREAS, the Design Reviev,; includes design details for a 98,587 square foot
neighborhood shopping center in six buildings; and
WHEREAS, the CUP, a precise plan of development, includes a description of
the uses and operating characteristics, a plot plan showing the location of all uses, and
other design details. Uses include drive-through establishments, gasoline dispensing
establishments, and outside eating areas in conjunction with restaurants. Design of the
buildings include tower elements that exceed the maximum height permitted of 35 feet;
and
. . . '. .
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and making discretionary .decisions
pertaining to commercial projects; and
WHEREAS, public notice of the CUP has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on. October 7,2008.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS: . .
(\
. .
SECTION 1. The Planning Commission has considered the proposed design
for the Greenwald Commercial Center and related amenities prior to making a decision
and has found them acceptable.
SECTION 2. The Planning Commission has considered Mitigated. Negative
Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated
Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the
Agenda Item No. 2
Pagedof~
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 2 OF 3
California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made, and Mitigated Negative Declaration No. 2008-07 provides the necessary
environmental clearance for the CUP.
u
SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the
approval of Conditional Use Permit No. 2008-01:
1. The project and its proposed uses, on their own merits and within the context of
their setting, are in accord with the objectives' of the General Plan and the
purpose of the planning District in whjch the site is located. .
The General Plan and Zoning Map designate the site for Neighborhood
Commercial. The proposed CUP and its uses are consistent with the goals and
. objectives of the General Plan in providing suitable commercial opportunities for
. . its residents.
Drive-through establishments and gas. dispensing establishments are
. appropriate in the C-1 zone, and have been reviewed for adequate circulation,
and the avoidance of noise and odor affecting sensitive receptors. .
Although the building tower elements' exceed the development standard of the
C1 - Neighborhood Commercial zone, these elements are fewin number and
provide proportionate and impressive comerstones to the buildings. U
2. The proposed use will not be detrimental to the general health, safety,comfort,
or general welfare of persons residing or working within the neighborhood of the
proposed use or the City, or injurious to property or improvements in the
neighborhood or the City.
The uses allowed by the CUP and their locations have been reviewed to ensure
that such uses will not detrimentally affect adjacent residents and property
owners. Drive~throughs and loading docks have been moved away from the
project boundary where homes exist. Buffer areas for landscaping have been
. increased. Access to adjacent residential properties have been included in the
design for pedestrian, vehicular, and golf carts as well as an equestrian 'access'
to possible trails to the north.
3. The site for the intended uses is adequate in size and shape to accommodate
the uses, and for all the yards, setbacks, walls or fences, landscaping, buffers
and other features required by this Title. .,
The CUP has been conditioned to comply with the development standards of .
the C1-Neighborhood Commercial zone, as well as other requirements of the
Municipal code that address compatibility with adjacent uses.
u
Agenda Item No. 2-
Page dod- of ~
(\
(\
(\
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 3 OF 3
4. The site for the proposed uses relates to streets and highways with proper
design both as to width and type of pavement to carry the type and .quantity of
traffic generated by the subject use.
The design has been scrutinized for access to the site from Greenwald Avenue,
egress from the site and its effect on the Canyon Lake North Gate, and access
opportunities from future development to the north.
5. In approving the subject uses at the specific location, there will be no 'adverse
effect on abutting property or the permitted and normal. uses thereof.
6. Adequate conditions and safeguards pursuant t6Section 17.74.50 have been
incorporated into the approval of the CUP to insure that the uses continue in a
. manner envisioned by these findings for the term of the uses.
SECTION 4. Based upon the, evidence presented: the above findings, and the
Conditions of Approval attached to the" resolution approving Commercial Design
Review No. 2008-01, the Planning Commission hereby. approves Conditional Use
Permit No. 2008-01.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption. . . .
PASSED, APPROVED AND ADOPTED on this seventh day of October
2008.
AYES:
NOES:
ABSTAIN:
ABSENT:
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. ~
Page E.. of~
RESOLUTION NO. 2008-_
'RESOLUTION OF THE PLANNING COMMISSION OF THE CITY .
OF LAKE ELSINORE, CALIFORNIA, APPROVING
COMMERCIAL DESIGN REVIEW NO. 2008-01 FOR THE
GREENWALD COMMERCIAL CENTER
u
WHEREAS, Ed Sauls, of The Sauls Company (the "Developer"), filed an
application with the City of Lake Elsinore requesting approval of Commercial Design
Review No: 2008-01 (the "Design Review") for the improvements that are proposed in
conjunction with Conditional Use Permit No~ 2008-01 (the "CUP") and Tentative Parcel
Map No. 36066 (the "Subdivision"); and
WHEREAS, the Developer proposes the project on a13.9;t acre site located on
the north side of Greenwald Avenue, at the northeast comer of the City of Lake
Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known
as Assessor's Parcel No. 349-290-009(the "Site"); and
, . '
WHEREAS, the Design Review includes design details for a 98,587 square foot
neighborhood shopping center in six buildings; and
WHEREAS, the' Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and making discretionary decisions
pertaining to commercial projects; and "
,. ,')., '.
u
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 meeting held with respect to this
item on October 7,2008.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed design
for the Greenwald Commercial Center and related amenities prior to making a decision
and has found them acceptable.
.
SECTION 2. The Planning Commission has considered Mitigated Negative
Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated
Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the
California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made, and Mitigated Negative Declaration No. 2008-07, provides_ the necessary
environmental clearance for the Design Review.
SECTION 3. That in accordance with Section 17.74 ofthe City of Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the
approval of Commercial Design Review No. 2008-01:
u
Agenda Item No. 2-
Page ~ of JQI,
n
(\
n
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE20F3
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the Zoning District in which the site is located.
The General Plan and Zoning Map designate the site for Neighborhood
Commercial. The proposed project and its uses are consistent with the goals
and objectives of the General Plan in providing suitable commercial.
opportunities for its residents.
2. The project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The purpose of the design review process is to ensure that new development
occurs enhances the character and quality of surrounding properties. The
project was reviewed as to scale, relationships to buildings and surrounding
uses, and architectural treatment to ensure that it visually contributes to the
area. Buffer areas for landscaping have been provided. Access to adjacent
residential properties have been included in the design for pedestrian,
vehicular, and golf carts as well as an equestrian access to possible trails to the
north.
3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to insure development of the property in
accordance with the objectives of this Chapter and the C-1 Zone..
The project has been conditioned to comply with the development standards of
the C1-Neighborhood Commercial zone, as well as other requirements within
the Municipal Code that address compatibility with adjacent uses. .
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached, the Planning Commission hereby approves
Commercial Design Review No. 2008-01.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No. ::2-
Page~of (0 c;,
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED on this seventh day of October 2008.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Tom Weiner
Acting Director of Community Development
Axel Zanelli, Chairman
City of Lake Elsinore
Agenda Item No. 2-
Page ;),{p of JJil,.
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009.
PLANNING DIVISION
1. The approval ofthis project will lapse and be void unless a building permit is issued
within two (2) years of approval. The applicant may request an extensiol) of time by
. submitting an application and required fees a minimum of one (1) month prior to
the expiration date. The Director of Community Development may grant an
extension of time for up to one (1) year prior to the expiration of the initial Design
Review.
2. Tentative Parcel Map No. 36066 will expire with the expiration of Commercial
Design Review 2008-01. In accordance with the Subdivision Map Act (SMA), a final
map shall not be filed with the County Recorder, or an extension of time. granted by
the City if the applicant allows the design review approval to expire.
3. Tentative Parcel Map No. 36066 shall comply with the State of Califomia
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.
4. Conditional Use Permit No. 2008-01 will expire with the expiration of Commercial
Design Review No. 2008-01 or Tentative Parcel Map No. 36066. CUP No. 2008-01
allows for the design of the project to include architectural towers that exceed the
maximum height in the C-1 Neighborhood Commercial Zone. CUP No. 2008-01
also allows for the development to include a gas dispensing establishment with
drive-through mini-mart, and outdoor patio dining in conjunction with a restaurant,
as shown on the approved site: plan for the Greenwald Commercial Center.
5. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees, or
Agents, conceming the project attached hereto.
6. The City intends to file a Notice of Determination with the Riverside County Clerk's
office within five (5) business days from the approval of this project by the City
Council. The applicant shall forward to the Planning Division secretary, a check
made payable to the Riverside County Clerk, in the amount of $1,876.75 to pay for
the cost of such filing. This check shall be received by the secretary no more than
48 hours from the approval by the Council.
7. The applicant shall comply with the Mitigation Monitoring & Reporting Program
Page 1 of 23
Agenda Item No. 2.-
Page n of::1Q1,
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER," U
on APN 349.290-009. '
(MMRP) adopted for this project.
a. At least thirty (30) days prior to grading permit the applicant shall contact
,the appropriate Tribe to notify the Tribe of grading, excavation,' and the
monitoring program, and to coordinate with the City and tile Tribe to
develop a Cultural Resources Treatment and Monitoring Agreement, in
accordance with mitigation measure CR-1 of the Mitigation Monitoring and
Reporting Program (MMRP) for the project.
b. Prior to the issuance of any grading permit, the project archaeologist shall
file a pre-grading report with the City to document the proposed
methodology for grading activity observation, in accordance with mitigation
, measure CR-2 ofthe MMRP for this project.
c. If human remains are encountered during grading and other construction
excavation, work in the immediate vicinity shall cease and the County
Coroner shall be contacted pursuant to State Health and Safety Code
Section 7050.5. '
d.
Truck deliveries and hours of operation at all buildings within Parcel 4
shall be limited to the daytime hours between 7 a.m. and 10 p.m. to
mitigate noise impacts to adjacent residences.
e. ' Applicant shall construct an eight-foot (S') high noise barrier along the
eastern property line of the project.
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f. Applicant shall construct a five-foot (5') high parapet wall as a noise
barrier around all roof-mounted air conditioning units for all buildings in
Parcel 4. Applicant shall architecturally screen all roof-mounted equipment
, on all buildings on the site for aesthetic purposes.
g. Lighting on the site shall be shielded and selectively placed to avoid
shining onto residential properties and the conservation areas onl1ite.
h. Applicant shall participate in construction of off-site improvements through
fees, the TUMF program, TIF program, assessment district, and/or fee
,credit agreements for the following:
1) Traffic signal at the intersection of Greenwald Avenue and Scenic
Crest Drive. '
Page 2 of 23
Agenda Item No. 2-
Page .:lii of :LJ..
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009. .
2) Traffic signal at the intersection of Summerhill Drive and Greenwald
Avenue.
L . All other Measures as specified in the adopted Mitigation Monitoring and
Reporting Program for this project.
8. The applicant shall fund the implementation of the MMRP through every stage of .
development. . The City shall appoint an environmental monitor who shall
periodically inspect the project site, the documents submitted by the applicant, the
permits issued, and any other pertinent material, in order to monitor and report
compliance to the City ,~ntil the completion of the project.
9. All site improvements shall be constructed as indicated on the approved site plan
and building elevations or as specified by these Conditions of Approval. Any other
revisions to the approved exhibits shall be subject to the review and approval of the
Director of Community Development orhis designee. ' '.
a.
Trash enclosure locations shall be acceptable to the trash hauler that will
service the site. Should relocations as shown on the approved site plan be
necessary, the applicant shall notify the City'and obtain the approval of the
Director of Community Development.
b. ' . Special attention shall be given to the trash enclosure visible. from
. Greenwald Avenue, which shall be designed with architectural elements
used on the building constructed on Parcel 1, and/or the architectural
elements used on the monument signs for the Center. The applicant shall
submit design plans during the Minor Design Review'process for Parcel 1.
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c. The Lake Elsinore Municipal Code Section 17.66.050 requires that any
unit space in a commercial building that exceeds 20,000 square feet in
size provide a loading area larger than those shown on the site plan. In the
event that a tenant improvement application is submitted to the City that
'. allows a unit size in excess of 20,000 square feet, the applicant shall
modify the site plan to provide the appropriate loading area for the tenant.
d. Identify loading' space(s) to service the' building on Parcel 5 during the
Minor Design Review process. .
e. The Parcel 1 drive-through order board shall be as close to the service
pick up window as possible to prevent vehicle stacking from encroaching
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Page 3 of 23 .
Agendalt~nNo. ~
Page si:!l of .1:2.1>
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01.
. FOR THE "GREENWALD COMMERCIAL CENTER,'" U
on APN 349-290-009.
upan the gas dispe!,!sing drive aisles. '.
f. Parking spaces shall camply with the Municipal Cade. The "Typical
Parking Space at Tap .of Slape:' depicted an the site plal1 daes nat comply
and shall be remaved. .
10. In the event that off-site facilities propased ta be built by adjacent develapment are ."
,nat fully constructed and aperatianal, the develaper shall install such facilities,
. including the.wildlife undercrasslng (twa eight-faot bax culverts) under'Greenwald
. - Avenue, during grading aperatians far the site. . .
. I ,. . . . .
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11. The develaper shall submit far review and appraval by the Directar .of Cammunity
Develapment a new parking analysis and shuttle program ta .off-site parking ,
facilities in the event that uses are prapased. far the buildings. nat listed an the
. Parking Tabulatian table, such as. (but. nat limited ta): auditariums, churches,
theaters, places .of assembly, 'bawling alleys, clubs, discas, ballraams, dance halls,
ladges, game caurts, and schaals. . - '..
12. AUlats shall meet the minimum setback requirements and must comply with the
Develapment Standards far the C-.1, Neighbarhaad Cammercial zanein the Lake
Elsinare Municipal Cade.
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16. The develaper shall camply with Chapter 17.78 Naise Cantrol .of the Lake Elsinare
Municipal Cade. In addition, constructian shall be' limited ta the hours .of 7 a.m. ta 5
p.m. Manday through Friday. Na constructian activity shall be allawed an
Saturdays, Sundays .or legal halidays. It is the develaper's respansibility ta ensure
that contractars and subcantractars at the project site COmply an his behalf.
Page 4 of 23
Agendalt~No. ~
Page ~ of J.J2.1o
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO~ 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
median, at such time when the traffic condition is warranted. The POA
shall comply with and bear the cost of modifications to meet this
requirement if imposed by the City.
25. All lettered lots shall be owned and maintained by the POA or other entity approved
by the Director of Community Development and so noted on the Final Map. As an
altemative Dowling Street may be offered for dedication and accepted by the City.
PRIOR TO GRADING AND BUILDING PERMITS:
26. These Conditions of Approval shall be reproduced upon Page One of the Building
Plans prior to their acceptance by the Building Division.
27. All lots shall comply with building codes in effect at the City.
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28. Should the applicant phase construction, he shall submit for review and approval
by the Director of Community Development, Fire Department, Building and
Engineering Divisions, a Phasing Plan which shows primary, secondary and
construction access for each phase of the project. Before combustible materials
are brought to the site, the applicant shall provide two points of access acceptable
to the Riverside County Fire Department.
29. Prior to the issuance of a grading permit, the applicant shall have a qualified
biologist conduct a focused burrowing owl survey within 30 days prior to any
ground-disturbing activities at the site, and shall submit the report to the
Community Development Department.
30. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple
Species Habitat Conservation Plan Local Development Mitigation Fee in effect at
that time.
31. The applicant shall comply with the requirements of the Lake Elsinore Unified
School District under the provisions of SB 50, wherein the owner or developer shall
pay school fees or enter into a mitigation agreement prior to the issuance of a
certificate of compliance by the District.
32. The applicant shall provide connection to public sewer for each lot within the
subdivision. Service laterals shall be delineated on engineering sewer plans and
profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). No
service laterals shall cross adjacent property lines unless approved by EVMWD
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Page 7 of 23
Agenda Item No. 2-
Page.3l of Mo
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER," U
on APN 349-290-009,
and the City Building Division.
33. All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water Conservation
District.
34. The developer shall suhmit plans to the electric utility company to layout the street
lighting system. The cost of street lighting, installation, and energy charges shall be
the responsibility of the developer and/or the Association until streets ar~ accepted
by the City. Said plans shall be approved by the City and installed in accordance
with City Standards.
35. The applicant shall meet all requirements of the providing electric utility company.
36. The applicant shall meet all requirements of the providing gas utility company.
37., The applicant shall meet all requirements of the providing telephone utility
. company.
38. A bond is required guaranteeing the removal,of all trailers used during construction.
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39. Prior to the issuance of a building permit for the installation on any sign including
the entry monument sign shown on the site plan, the applicant shall submit for
review and approval by the Planning Commission a Sign Program to be used
. uniformly by all tenants in the center. '.
40. Construction Landscape Plans and Irrigation Details for the project is required.
These drawings shall be submitted to ,the Planning Division along with a cost
estimate for review and approval by. the City's Landscape Architect and the
Director of Community Development or his designee prior to issuance' of building
permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the
entire project at the time of submittal. Construction Landscape Drawings shall
NOT be included in plancheck submittals to the Building Division.
a. Plans shall include vegetative screening of any retention basins and service
roads.
. b. The applicant shall install street trees a maximum of thirty feet (30') apart, and
at least twenty-four inch (24")box in size. .
Page 8 of 23
Agenda Item No. 2-
Page 2d- of::(;Io
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349.290-009.
c. . The plans 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 shall be used to prevent excessive watering.
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36"). . .
e. Planters within the project site may range in width, with a minimum'size of six-
inches to accommodate ivy or other vines adjacent to walls.
f. The 15-foot planter containing the multi-purpose trail along the east boundary
of the project site shall provide openings and curb cuts to enable access to
both the north em and southem drive aisles that circulate through Parcel 4.
g. Self-adhering vines shall be installed on all trash enclosure walls.
h. The. proposed trees along the frontage of the buildings shall provide as much
shade as possible. Palms with fan-shaped fronds shall be replaced with
feathered fronds or deciduous canopy trees. Tree wells with large-canopied
trees shall be added throughout the walkways.
i. The applicant shall provide at the concrete boulder steps, planters; shrubbery
and large potted plantings as shown on the approved architectural drawings
entitled "Perspectives." Canopy trees shall be planted nearby to provide
shade.
j. The following plant or tree species shall be removed from the conceptual
landscape exhibit and shall not be used on the Construction Drawings:
1) Holly Oak .
2) Mexican Palo Verde
3) Sunburst Lantana
4) Sea Lavender
k. Furniture in the public areas shall be shown on construction drawings to
include benches, trash containers, and bicycle racks conveniently scattered
throughout the site.
I. The center strip'between parking stalls in the parking lot south of the building
on Parcel 5 shall be fully landscaped with shrubs, flowers, groundcover and
Page 9 of 23
Agenda Item No. 2-
Page .3.2. of::GIo
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009. .
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trees. However, the center strip along the center drive aisle at the west end of
Parcel 3 shall retain the pedestrian walkway that provides access from
Greenwald Avenue to both the building in Parcel 3 as well as the building in
Parcel 2. Shade trees and groundcover shall also be provided as shown,
either adjacent to the walkway or in planter diamonds.
m. All planter boxes shall provide a minimum interior width and length of.four feet.
41.. Any alterations to the topography, ground surface, or any other site preparation
activity will require appropriate . grading permits. A Geologic Soils Report with
associated recommendations will be required for grading permit approval, and all
grading must meet the City's Grading Ordinance, subject to the approval of the City
Engineer and the Planning Division. Analysis of impacts of fills and cuts greater
than sixty feet (60') shall be provided. Interim and permanent erosion control
measures are required. The applicant shall bond 100% for material and labor for
one (1) year for erosion control landscaping at the time the site is rough graded,'
42. A detailed wall and fencing plan shall be required for review and approval prior to
construction.
All walls visible to the public shall be constructed of stucco, slumpstone,
sand, Spanish lace or smooth or flat finish stucco, or other decorative
architectural materials approved by the Director of ~mmunity
Development to match adjacent buildings.
b. . All theme walls are required to be coated with anti-graffiti paint.
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a.
c. Fencing on slopes shall be tubular steel or wrought iron.
d. Any tubular steel view fencing installed along public access trails shall be
of industrial-grade material for safety purposes.
e. Retaining walls may be limited in height to avoid a massive or imposing
view. An acceptable method of compliance is to have two or more wall
systems separated by landscaping.
f. A project perimeter wall need not be constructed where slopes or open
space areas limit its function to separate the center from sensitive
receptors. However, particular attention shall be given to areas adjacent to
residential uses where proximity or views regu,ire screening or buffer.
Page 10 of 23
Agenda Item No. 2-
Page .3k. of:::r:t.Jo
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
Masonry walls shall be installed to separate parking lots and drive aisles
from adjacent residential uses. '
PRIOR TO FINAL APPROVAL
43. At least thirty (30) days before requesting a final inspection, the applicant shall
execute a Faithful Performance Bond and Agreement for the proper maintenance
of landscaping and irrigation systems for one year following the approval of the last
certificates of occupancy. The bond shall cover ten percent (10%) of the' actual cost
of labor, equipment and material as shown on the approved Cost Estimate.
ENGINEERING DIVISION
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General Requirements:
44. 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 in order that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
45. Prior to commencement of grading operations, applicant shall provide to the City a
map of all proposed haul routes to be used for movement of export material. Such
routes shall be subject to the review and approval of the City Engineer. '
46. 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.
47. Phasing Plan shall be approved by the City Engineer.
48. An Encroachment Permit shall be obtained prior to any work on City right-of-way.
49. Arrangements for relocation of utility company facilities (power poles, vaults, etc.)'
out of the roadway or alley shall be the responsibility of the property owner or his
agent. Overhead utilities shall be undergrounded.
50. 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.
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Page 11 of 23
Agenda I~m No. ~
Page I of~
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER," U
on APN 349-290-009.
51. The applicant shall obtain any necessary County, City of Canyon Ll;lke, and/or
Canyon Lake POA permits for any work within their respective jurisdictions.
52. Arrangements tor golt carts or trail access trom Canyon Lake Property Owners'
Association property to this project shall be the responsibility of the developer. The
City of Lake Elsinore does not allow golt carts on City streets unless they are
considered 'street legal' and both the cart and driver meet Department of Motor
Vehicles requirements.
53. The applicant shall install permanent bench marks per Riverside County Standards
on Greenwald Avenue and other locations to be determined by the City Engineer.
54. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside
County Standards.
55. Provide fire protection facilities as required in writing by Riverside County Fire.
56. The applicant shall pay all applicable development fees, including but not all
inclusive: TUMF, MSHCP, TIF and area drainage fees. U
57. The ten-year storm runoff shall be contained within the curb and the 100 year
storm runoff shall be contained within the street right-ot-way. When either of these
criteria is exceeded, drainage facilities shall be provided.
58. All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
59. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 W' x 11" Mylar) shall be submitted and approved by the
Engineering Division before final inspection of public works improvements can be
scheduled.
60. Slope maintenance along right-of-ways and open spaces shall be maintained by a
property owner's association or other maintenance mechanism approved by the
City. .
61. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clearing and grubbing or other phases ot the construction shall be
disposed of at appropriate recycling centers. The applicant should contract with
Page 12 of 23
Agenda Item No. 2-
Page 2& of =raJp
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 200S-01;
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 200S-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
CR&R Inc. for recycling and storage container se,rvices. However, the applicant
may use the services of another recycling vendor. Another' recycling vendor, other'
than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal.
If the applicant is not using CR&Rlnc. for recycling services and the recycling ,',
material is either sold or donated to another, vendor, the applicant Shall supply
proof of debris disposal" at a recycling center, including verification of tonnage by
certified weigh master tickets. ' ,
62. 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.
63. The applicant shall protect all downstream properties from damages caused by
alteration of the drainage patterns, Le., concentrations or diversion of flow.
Protection shall be provided by constructing adequate on-site 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 em-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.
M The applicant shall comply with all NPDES requirements in effect, inCluding the
submittal of a Water Quality Management Plan (WQMP) as required per the Santa
Ana Regional Water Quality Control Board. ,
65. Education guidelines and Best Management Practices (BMP) shall be provided to
tenants of the development in the use of herbicides, pesticides, fertilizers as well as
other environmental awareness education materials on good housekeeping
practices that contribute to protection of storm water quality and meet the goals of
the BMP in Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan. (Required for a lot of one acre or more)
66. The applicant shall provide BMP's that will reduce 'storm water pollutants from
parking areas and driveway aisles. (Required for a lot of one acre or,more)
67. 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 a 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.
Page 13 of 23'
Agenda It<jj'lhNo. 2-
Page~of~
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 200S-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 200S-01:
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009.
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PLEASE NOTE: The discharge of pollutants into streets, gutters, storm drain system, or
waterWays - without Regional Water Quality Control Board permit or waver -is strictly
prohibited by local ordinances and state an,d federal law.
68. Interior streets, road and trail easements" and drainage facilities within,this project
shall be privately maintained. A maintenance mechanism shall be approved by the
a~' ',' "
69. The developer shall construct the traffic illlprovementson Greenwald Avenue and
the traffic circulation improvements onsite, as discussed in Section 7.0 of the
Traffic Impact Analysis' prepared for this. project by Urban Crossroads and dated
June 3, 2008. In addition the developer shall pay the fair share costs ofthe off-site
improvements at the intersections of. Greenwald and Scenic Crest Drive, and
, Greenwald and Summerhill Drive".
Prior to Approval of final Map, unless ,~ther timing is indicated, the subdivider shall
complete the following or have plans submitted and approved, agreeme~ts executed
and securities posted: ' - . - .' .' . . - ,
70. The developer shall dedicate right-of-way and construct street improvements on. U
Greenwald Avenue, along the property frontage, per City's General Plan (part~
width improvements). The improvements include AC pavement, curb and gutter,
sidewalk, offsite AC transitions, street lighting, and signing and striping, 28'
. transition lane with rolled curb and trail improvements to CLPOA property. The
signing and striping plans shall be submitted separately from the street
improvement plans. .
71. The subdivider shall preserve existing access. slope, and/or utility easements and
shall ensure that exercising easement rights within the project are achievable. .
72. . The developer shall provide street lighting and show lighting improvements as part
of street improvement plans as required by the City Engineer.
73. The applicant shall submit traffic control plans for the required street improvements.
and plans for on-site signing/striping of the project. All signing and striping and
traffic control devices shall be installed prior to .final inspection. of public
improvements. This includes Street Name Signs and No Parking Signs for streets
within the project.
Page 14 of 23
Agenda Itll'1'_No. 2-
Page~of~
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CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
74. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement
plans. Improvements shall be designed and constructed to Riverside County Road
Department Standards. latest edition. and City Codes (LEMC 12.04 and 16.34).
75. Dowling Street shall be improved per City Standards and shall be offered for
dedication to the City. However, the City may not accept the dedication until such
time when the City determines that it would be to the City's best interest to make
Dowling Street a public street. . .
76. . 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.
77. The applicant shall obtain all necessary off-site easements for off-site grading from
the adjacent property owners prior to final map approval.
78. The applicant shall make an offer of dedication for all public streets and easements
required by these conditions or as shown on the Map. All land so offered shall be
free and clear of all liens and encumbrances and without cost to the City.
(\
79. All Public Works improvements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final
. map approval. The improvements shall include street and drainage improvements,
street lighting, and associated traffic improvements related to the project.
Prior to Issuance of a Grading Permit:
80. The developer shall submit grading plans with appropriate security, Hydrology and
Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City
Engineer. The developer shall mitigate any flooding and/or erosion downstream
caused by development of the site and/or diversion of drainage.
81. A portion of the project is in the jurisdictional streambeds or wetlands. If necessary,
permits from Federal or State agencies shall be provided to the City.
82. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that minimize sight distance standards.
83: A multipurpose trail shall be provided on the existing easement at the easterly side
of . the project. The developer shall coordinate with the Canyon Lake Property
n
Page 15 of 23
Agenda 111'1". No. 2-
Page~of ILl'"
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
u
Owners Association (CLPOA) in providing the improvements that connects the trail
from the project to the CLPOA property.
84. Construction Project access and hauling route shall be submitted to and approved
by the City Engineer.
85; The onsite driveway on Parcel J, closest tOe Greenwald Avenue, may be considered
for right-in/right-out access only including a landscaped median installed. The
developer shall not oppose City mitigation for such access requirement at a time
when the traffic condition, is warranted. CC&Rsapproved .for this project shall
contain this requirement. ...,
86. The developer shall provide temporary grading on the offsite portion of Dowling
Street to make it accessible to the adjacent properties to the north. In accordance
with the MSHCP, the applicant shall amend his approved LEAP document or
submit a new LEAP application in compliance with MSHCP requirements for
"covered activities.". As an altemative the applicant shall redesign the terminus of
, Dowling Street and construct all improvements onsite to the satisfaction of the City.
A cash bond in lieu of improvements is required for the ultimate improvements of
the remaining unimproved portion of Dowling Street.
u
87. The developer shall provide soils, geology and seismic report including street
design recommendations. The developer shall provide final soils report showing
compliance with recommendations.
88. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
89. The applicant shall obtain all necessary off-site easements and/or permits for off-
site grading and/or drainage acceptance from and to the adjacent property owners
prior to grading permit issuance.
90. 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 ManagementPlan.
91. The 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
Page 16 of 23
Agenda It'C/' :0. 2-
Page of to\o
u
(\
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
prior to issuance of grading permits. The applicant shall provide a SWPPP for post
construction. which describes BMP's that will be implemented for the development
including maintenance responsibilities. The applicant shall submit the SWPPP to
the City for review and approval.
92. An approved WQMP plan shall be provided. '
Prior to Issuance of Building Permit
93. Unless other arrangements are approved by the City. 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.
94. The developer 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. The developer shall submit
this letter prior to applying for a building permit.
(\
95. No structures, landscaping, or equipment shall be located near the project
entrances that cOmpromise sight distance requirements.
96. The developer shall pay all Capital Improvement TIF and Master Drainage Fees
and Plan Check fees (LEMC 16.34). .
Prior to Occupancy
97. The 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.
98. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" Mylar) shall be submitted to and approved by the
Engineering Division before final ,inspection of off-site improvements can be
. scheduled. '
99. All easements (access, slope, drainage, utilities, etc.) that are granted to adjacent
property owners, utilities and/or the City shall be completed and recorded prior to
1st occupancy.
n
Page 17 of 23
Agenda l~fTlto. 2-
Page '1 of <0 \Q
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
u
100. All public improvements shall be completed in accordance with the approved plans
or as conditions of development to the satisfaction ofthe City Engineer.
. .
- . -
101. All signing and striping and traffic control devices shall be installed. This includes
signing and striping onsite and on Greenwald Avenue. ..
102. The developer shall have completed all traffic improvements and. paid his fair share
contributions to off-site improvements as concluded in the Traffic Study (Urban
. Crossroads, June 3, 2008).
103. Water and sewer improvements shall be completed in .acCordance with Water
District requirements. .
104. Proof of maintenance responsibility and acceptance shall be. provided for all open
space, slopes, and drainage facilities outside of the public right-of-way.
105. TUMF fees shall be paid. The TUMF fees shall .be the effective rate at the time
when the Certificate of Occupancy is obtained.
106. The applicant shall submit as-built plans.and shall be. responsible for revising the U
Mylar plans. A digital copy of all completed public improvement plans shall be
. provided. A bond (amount to be determined by the City Engineer) is required to
guarantee compliance with this requirement. '.
PARKS AND RECREATION DEPARTMENT - None.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Participate in Public Safety and Maintenance Services CFD
107. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special
Use Permit or building permit (as applicable), the applicant shall participate in the
Public Safety and Maintenance Services Mello-Roos Community Facilities District
(CFD) to offset the annual negative fiscal impacts of the project. The applicant .
shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to
cover the cost of the legal process to participate in the CFD. Contact Dennis
Anderson, Harris & Associates at (949) 655-3900 x334 or dandersonOCilharris-
assoc.com.
Page 18 of 23
Agenda lt4'tfo. 2-
Page of =rQ:(p
U
(\
n
('.
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066,& CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009.
RIVERSIDE COUNTY FIRE DEPARTMENT
With respect to the conditions of approval for the referenced project, the Fire
Department recommends the following fire protection measures be provided in
accordance with Riverside County Ordinances and/or recognized fire protection
standards:
THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY.
108. Shell building will receive a shell final only. No Certificate of Occupancy (human
occupant and/or materials) will be issued until the building occupant has been
identified with their occupancy classification and have been conditioned by Lake
Elsinore Fire Services. Occupant or tenant identification is imperative for orderly
and prompt processing. Upon identification ofthe occupant or tenant a Fire
Protection Analysis report maybe required prior to establishing the requirements
for the occupancy permit. Failure to provide a comprehensive data analysis and/
or technical information acceptable to the Fire Department may result in project
delays. A complete commodity listing disclosing type, quantity, level of hazard
and potential for "Reactivity" must be provided. The forgoing is necessary to
properly classify the building(s). Failure to provide comprehensive data and/or
high technical information, will result in project delay and requirement for a
complete Fire Protection study for review.
HAZARDOUS FIRE AREA.
109. This project is located in the "Hazardous Fire Area" of Riverside County shown
on a map on file with the Clerk of the Board of Supervisors. Any building
constructed within this project shall comply with the special construction provision
contained in the Riverside County Ordinance 787.3.
ROOFING MATERIAL
110. All buildings shall be constructed with class B roofing materials as per the
Califomia Building Code. . .
Page 19 of 23
Agenda Item No. ?--
Page .:t2 of Ja1
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009.
u
BLUE DOT REF ELECTOR
111. Blue retro reflective pavement markers shall be mounted on private street, public
streets And driveways to indicate .Iocation of fire hydrants. Prior to installation,
placement of markers must.be approved by Lake Elsinore Fire Services.
MIN REQ FIRE FLOW
112. Minimum required fire flow shall be 2750 GPM for 2 hour duration at20 PSI
residual operating pressure, which must be available before any combustible
material is placed on the job site. Fire flow is based on type V-B construction per
the 2007 CBC and building(s) having a fire sprinkler system.
SUPER FIRE HYDRANT
113. The average spacing between Super firehydrant(s) (6" x 4" x 2 Yo"x 2 Y> ") shall
not exceed 400 feet between hydrants and have a maximum distance.of 225 feet
from any point on the street or road frontage to a hydrant as measured along
approved vehicular travel ways.
ON/OFF LOOPED HYDRANTS
u
114. A combination of on-site and off site super fire hydrants, on a looped system with
the average spacing between Super fire hydrant (s) (6" x 4" x 2 W' x 2.Yo ") shall
not exceed 400 feet between hydrants and have a maximum distance of 225 feet
from any point on the street or road frontage to a hydrant as measured along
approved vehicular travel ways. The required fire flow shall be available from
any adjacent hydrants(s) in the system.
TANK PERMITS
115. The applicant and/or developer shall be responsible for obtaining
under/aboveground fuel, chemical and mixed liquid storage tank permit, from the
Lake Elsinore Fire Services and Environmental Health Departments. Plans must
be submitted for approval prior to installation. Aboveground fuel/mixed liquid
tank(s) shall meet the following standards: Tank must be tested and labeled to
UL2085 Protected Tank Standard or SwRI 93-01. The test must include the
Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of
the tank's label from an independent test laboratory must be included with your
plans.
Page 20 of 23
Agenda Itl'~ No. 2-
Page ~ of 1iili
u
n
n
(1
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01.
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
RAPID ENTRY BOX
116. Rapid entry key storage box shall be installed outside of each building. Plans
shall be submitted to the Lake Elsinore Fire Services for approval prior to
installation. Applications are available form the Lake Elsinore Fire Prevention '.
office in City Hall.
WATER PLANS
117. The applicant or developer shall separately submit two copies of the water
system plans to the Fire Department for review. Plans shall conform to the fire
hydrant types, location and spacing, and the system shall meet the fire flow
requirements. Plans shall be signed/approved by a registered civil engineer and
the local water company with the following certification: "I certify that the design
of the water system is in accordance with the requirements prescribed by the
Lake Elsinore Fire Services."
BLDG PLAN CHECK
118. Building plan check deposit fee shall be paid by check or money order to the City
of Lake Elsinore before plans have been approved by our office.
WATER CERTIFICATION
119. The applicant or developer shall be responsible to submit written certification
from the water company noting the location of the existing fire hydrant and that
the existing water system is capable of delivering 2750 GPM fire flow for a 2 hour
duration at 20 PSI residual operating pressure. If a water system currently does
not exist, the applicant or developer shall be responsible to provide written
certification that financial arrangements have been made to provide them.
WATER PLANS
120. The applicants or developer shall separately submit two copies of the water
system plans to the Fire Department for review and approval. Calculated
velocities shall not exceed 100 feet per second. Plans shall conform to the fire
hydrant types, location and spacing, and the system shall meet the fire flow
requirements. Plans shall be signed and approved by a registered civil engineer
and the local Water Company with the following certification: "I certify that the
Page 21 of 23
Agenda It'l'!' No. 2-
Page ..TI of ~
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER," U
on APN 349-290-009.
design of the water system is in accordance with the requirements prescribed by
the Lake Elsinore Fire Services."
FIRE LANES
121. The applicant shall prepare and submit to the Fire Department for approval, a
site plan designating required fire lanes with appropriate lane. painting and/or
signs.
SPRINKLER SYSTEM
122. ,Install a complete fire sprinkler system per NFPA13 2002 edition (13D and 13R
systems are not allowed) in all buildings requiring a fire f1owof 1500 GPM or
greater sprinkler system (s) with pipe size in excess of 4"Jnch diameter will
require the project structural engineer to certify (wet signature) the stability of the
building system for seismic and gravity loads to support the sprinklersystelT1. All
fire sprinkler risers shall be protected from any physical damage. The post
indicator valve and fire department connection shall be located to the front, within
50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement
that the building(s) will be automatically fire sprinklered must be included on the
title page of the building plans.
u
123. The applicant or developer shall be responsible to install a L. Central Station
Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler .
system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to
the Fire Department for approval prior to installation. Contact Fire Department for
guideline handout.
EXTINGUISHERS
124. The developer shall install portable fire extinguishers with a minimum rating of
2A-10BC and signage. Fire Extinguishers located in public areas shall be in a
recessed cabinet mounted 48" (inches) to enter above the floor level with
maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
HOOD DUCTS
125. A U.L. 300 hood duct fire extinguishing system must be installed over cooking
equipment. Wet chemical extinguishing system must provide automatic shutdown
Page 22 of 23
Agenda Item No.-k-r_
Page~of~
u
n
r;
n
llr"^
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01,
FOR THE "GREENWALD COMMERCIAL CENTER,"
on APN 349-290-009.
of all electrical components and outlets under the hood upon activation. System
must be installed by a licensed C-16 contractor. Plans must be submitted with
current fee to the Fire Department for review and approval prior to installation.
Note: A dedicated alarm system is not required to be installed for the exclusive
purpose of monitoring this suppression system. However, a new or pre-existing
alarm system must be connected to the extinguishing system. (*separate tire
alarm must be submitted for connection)
TITLE 19
126. The developer shall comply with Title 19 of the California Administrative Code.
OTHER AGENCIES - None.
(End of Conditions)
Page 23 of 23
Agenda Itl'!l'hNo. G
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EXHIBI.
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. PACE 5 '-1
CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01,
TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01.
FOR THE "GREENWALD COMMERCIAL CENTER."
on APN 349-290-009.
17. 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. The sign shall be
placed on the property prior to the issuance of a grading permit or building permit.
18. Upon violation by the applicant of the City's Noise Ordinance or the Condition of
Approval regarding hours of construction, the applicant shall cease all construction
activities and shall be permitted to recommence such activities only upon
depositing with the city a $5,000 case deposit available to be drawn upon by the
City to fund any future law enforcement needs that may be caused by potential
project construction violations and the enforcement of the City's Noise Ordinance
and Conditions of Approval. The applicant shall replenish the deposit upon notice
by the City that the remaining balance is equal to or less than $1,000.
19. The applicant shall provide to the Director of Community Development within thirty
(30) days of map approval, a final approved version of Tentative Parcel Map No.
36066 and a final approved version of the site plan for Commercial Design Review
No. 2008-01 in digitized format.
20. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of project approval by the City
Council.
PRIOR TO FINAL PARCEL MAP:
21. A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
J
22. All of the improvements shall be designed by the developer's Civil Engineer to the
specifications of the City of Lake Elsinore.
23. If the developer chooses to phase the final map, he shall comply with the SMA, and
shall comply with the final approved Phasing Plan associated with this map and as
revised by these Conditions of Approval.
24. Prior to final map approval, the applicant shall initiate and complete the formation
of a property owners' association approved by the City, recorded and in place. All
Association documents shall be reviewed and approved by the City and recorded,
ACENDA ITEM
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WARREN D.WILLIAMS
General Manager-ChiefEl1gineor
~~~te.R~~\Q)
] 995.MARKET STREET
RIVERSlDlJ. C.A92501
95L955.1200
FAX 951.788.9965
www..f100dconiro[co~riverside.ca.us
SEP 04 ZOOS
IlM~ .ERSIDE COUNTY FLoOD CONTROL
erN OF LAKE ELSl~gN'"~ WATER CONSERVATION DISTRICT
PLANNlNG D1\IIS September 2, 2008 . ,
Ms. Wendy Worthey
Principal Envjronmental Planner
CIJ;yofLakeElsinore
130..SouthMainStreet
Lake.Eisil1bre,CA 92530
DeitrMs. Worthey:
Re: Notice of Availabilit)' and Intent to
Adopta Mitigated N'egativeDeclllr~ti()n
for the GreenwaldAvenue Commercial
Cent\lrl'rojeet
(1
This Jetter is written .in response to the Notice of AVailability and Intent to Adopt a Mitigated
Negative Decliitation(MND) f6rthe Greenwald Avtl1ueCommercial Center Project: Theproposlld
project consists of the development ofapprolCim~tely98',587 sqWU'e fect.of commercial/retail uses on
-apProximately 13.9 acres, located onfue north side of Oteenwald Avenue within the;northeastempart
of fue eity .ofLal<;e EIslnore,lQverside,C.ounty.
TheIQvetSide County Flood Control and Water ConSe~ation I)istrict reyiewedthe MND and has no
comment at this time.
Thank~ou fQr the QPp.ortunlty tbrevlewtheMND.Al1y furtherquestions concerning this letter may
be referred to Mal Son at 951.955.541'8 or me at 951.955.1233.
Veryiruly yours,
....~. -.. ~... ~ ... .
WVuo~'~
. TERESA l1JNG
Seriior Civil Engineer - ..
c: TLMA
Attn: David Mares
MTS:mcy
1'8\120877
n
AGENDA ITEM NO. 2-
PAGE 5'10/= f.t,(..,
a
California Regional Water Q~ality Control Boa. rd ~. . .'
Santa Ana RegIOn . - - ~
. 3737 Main Street. Suite 500, Riverside, California 92501-3348 -. . U
. .... Pbonc(9S1)782-4130'FAX(951)78Hi288'TDD(9SI)782-3221' Arnold Schwarzenegger,
www.waterboards.ca.gov/santaana Governor
Linda S. Adams
Secretary /or
En'l1ironmenlal ProteCl;on
September 8, 2008
Wendy Worthey
Principal Environmental Planner
City of Lake Elsinore Community Development
130 S. Main Street
Lake Elsinore, CA 92530
NOTICE OF INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE
DECLARATION, GREENWALD AVENUE COMMERCIAL CENTER, TPM Ne:>. 36066,
CITY OF LAKE ELSINORE, 2008081003
Dear Ms. Worthey:.
Regional Board :staff have reviewed the Initial Study for a Mitigated Negative
Declaration (MND), for the proposed Greenwald Avenue Commercial Center (Project),
located on Tentative Parcel Map No. 36066 in the hilly terrain of northeastern City of
Lake Elsinore (City). A roughly rectangular 13.9-acre parcel (site), nearly 1,000 feet
long in its longer east-wE!stdimension, is bordered on the east by a developed portion of
the City of Canyon Lake and on the north by unincorporated Riverside County. The U
parcel (to be divided into five lots) would be graded and developed f~r retail and office .
uses.
The following comments are provided in the context of protecting water quality
standards (water quality objectives and beneficial uses) contained in the Water Quality
Control Plan for the Santa Ana River Basin (Basin Plan):
1. We uriderstarid that the project would be developed from a future north-south .
roadway (Dowling Street) that would provide access to the Project and other
Mure projects north of the Greenwald Avenue Commercial Center, including a
proposed residential project of approximately 300 houses. The Tuscano Heights
development is already planned for the area immediately southwest of the
Project site. The MND indicates that no impacts will occur to the site's two
largest natural drainages, recognized as jurisdictional to the U.S. Army Corps of
Engineers (Corps), although three other smaller drainages will be filled. Unless
mitigated, increased runoff from new impervious areas on the Project site will
likely cause or contribute to hydromodification of the two avoided drainages.
While the MND (p.85) states that cumulative impacts of the Project are not
considerable, this conclusion is poorly supported, particularly since construction,.
of growth inducing projects such as the future residential project to the north of
this one are presented as foregone conclusions. The MND should provide
additional analysis of this issue, and propose additional mitigation, if appropriate.
California Environmental Protection Agency
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Ms. Wendy Worthey .
-2-
September 8, 2008
2.
The eastern and largest of the site's primary drainages bisects the site from north
to south and is directly west of the future Dowling Road. The MND states that
this drainage would be crossedi with a bridge, variously, .suspension bridge" with
no other streambed disturbance (p.6), .span" (p.35), or the "eastern driveway"
vehicle access off Dowling Street (p.9) that is shown on all figures. Further,
Figure 7 indicates a planned ramped access road into the channel (Fig 7). A
revised MND should clarify the type and size of the bridge, as well as the nature
of encroachments into this drainage and all others on site. The bridge footing
disturbance and encroachment to the drainage may necessitate a Clean Water
Act (CWA) Section 404 Permit by the Corps, and a requisite Section 401 Water
Quality Certification from our office, with attendant mitigation. The MND should
identify the likely area of impact; and potential mitigation for the impact, of the
proposed bridge work. . .
Statements at MND p.35, 38, and elsewhere in the text report that the small
amount of riparian acreage determined to be jurisdictional to the Corps (0.08 ac)
and to the California Department of Fish and Game (CDFG) (0.19 ac), including
southern willow scrub habitat in the southwest corner of the site, is to be avoided.
Board staff is concerned that hydromodification of the drainage in which this
riparian vegetation is located will cause it be damaged. Without additional
information, we cannot conclude, as the MND has done, that the 0.08 acres of
riparian vegetation will not be impacted by hydromodification or other hydraulic
conditions of concern. To reach this conclusion, the MND should list appropriate
best management practices that will be employed to eliminate the possibility of
hydromodification of the drainage where this riparian vegetation is located. . This
information should be in the water quality management plan for the project.
I
3. The MND figures indicate that projected construction of this and other projects
will eliminate the function of the drainage in the southwestern comer of the site
as a riparian wildlife movement corridor (supporting the Basin Plan's Wildlife
Habitat beneficial use) and shift this function east to the site's north-south
drainage. We strongly believe tHat the riparian corridor function of the primary
north-south drainage must be enhanced by providing a soft-bottomed arched or
box culvert or similar structure beneath Greenwald Avenue of sufficient size to
allow unimpeded passage of regional wildlife to the conserved parcels south of
Greenwald Ave. and east of the proposed Tuscano Heights project. The
potential loss of the primary drainage feature! wildlife transit corridor on the
Tuscano Heights project site punctuates the need to aggressively preserve the
north-south drainage that crosses this Project's site. Furthermore, sufficient
buffers should be preserved on e.ither side of the north-south drainage, as it
crosses the Project site, to enable it to function as a wildlife transit corridor.
The project site is within Criteria Cell 4268 of the Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP)(p. 39). As a responsible
agency under the California Environmental Quality Act we take exception to the.
City and County process of allowing continued development around and in.
increasing scarce riparian resourCes. such as exist on the project site, instead of
California Environmental Protection Agency
o Recyr;/ed P-,
L
01= lot,
AGENDA ITEM NO.
PACE f.o I
Ms. Wendy Worthey
-3-
September 8, 2008
seeking the resource's formal, contiguous preservation. We understand the
MND's premise of the Project avoiding 2.31 acres of the site, but we encourage
the City to take a lead role, through this MND and other documents, to require
preservation of the waters of the state on the site, specifically the north-south
drainage, by having them offered for perpetual management to a conservation
agency already active in the project area.
u
4.
Given the anti-clegradation analysis on p. 56 stating that best practicabl~ .
treatment of storm water will be incorporated, we note that "stormfilters" '11 be
used only in the western and eastern portions of the site but apparently ot to
intercept dry or wet-weather discharges from the project to the primary orth-
south drainage. The MND indicates that the north-south drainage will b
considered to be a bioswale, with facultative vegetative recruitment and no pro-
active restoration, passively treating stormwater with no apparent forebays or
other best management practices (BMPs) to pre-treat runoff flows. We do not
consider this solution to be the best practicable treatment alternative and believe
a revised BMP evaluation is needed to identify the optimal combination of .
structural BMPs for intercepting and treating project flows, including flows from
parking lots. .
Further, treatment bioswales may unnecessarily expose wildlife to pollutants: .
Studies have shown that treatment wetlands do not achieve the same level of
overall biotic function when compared to wetlands that do receive natural or
treated flows. For that reason, treatment BMPs such as bioswales should not be U
considered as having a meaningful wildlife habitat function. The wildlife habitat
function attributed to the north-south drainage highlights this issue. We request
that a revised MND address this issue; the manner in which this issue is tJandled
will likely become part of .the 401 Certification process for the project.
5. The MND referred to the 2002 CWA Section 303(d) list for water bodies impacted
by pollutants, including those in the Santa Ana Region. The Regional Board's
website includes links to the 2006 CWA Section 303(d) list and notes a pending
TMDL for Lake Elsinore for polychlorinated biphenyls (PCBs) and unknown
toxicity, both from unknown sour~. The MND should consider this updated
information.
The MND should recognize that the City is obligated to meet the requirements of the
Regional Board's Resolution No. R8-2004-0037', adopting total maximum daily loads
(TMDL) to address nutrients and organic enrichment and low dissolved oxygen
impairments of Lake Elsinore and Canyon Lake.
Regional Board Resolution No. R8-2004-0037, "Amending the Water Quality Control Plan for Santa
Ana River Basin to Incorporate Nutrient TMDLs for Lake Elsinore and Canyon Lake," was adopted
by the U.S. Environmental Protection Agency on September 30, 2005.
California Environmental Protection Agency
o R"",kdPaper
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AGENDA ITEM NO.
PAVE C:,~
2-
OF en ((;
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Ms. Wendy Worthey
-4-
September 8, 2008
If you have any questions, please call plenn Robertson at (951) 782-3259, or me at
(951) 782-3234.
Sincerely,
~C 0cQL
Mark G. Adelson, Chief
Regional Planning Programs Section
Cc: State Clearinghouse
U.S. Environmental Protection Agency, San Francisco - Jorine Campopiano
U.S. Army Corps of Engineers, Prado Dam field office - Jim Mace
California Department of Fish and Game, Ontario - Jeff Brandt
California Department of Fish and Game, Ontario _ Mike Flores
U.S. Fish and Wildlife Service, Carfsbad - Kathleen Pollett
Riverside County Planning Department, MSHCP Planning, Riverside - Michael Harrod
X:Groberts on MagnallalDalalCEQA/CEOA Respon.." Nilg DecI Mi1NegDec... City of Lake Elsinore - Greenwald Ave Comm
CenterMGA.doc
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California Environmental Protection Agency
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AGENDA ITEM r~o. 2-
PAGE ~ ~ OF ~
09/,'l0t2Q08 .10Nl!F~ 9:ol\l4818949
TBJl ~AULS CO
.... JIlNNY
....
ACKNOWlJ<:nEGEMENT OF
DRAFT CONDITIONS .
RE: Gre@WlI1d Commercial Cl!rtter
Commercial Design ReviewNo.2110B-iOl.
Co~tjo!W Use 1':1'1 ",it No. 2(jf)8,Ol
Tentative Parcel Map No. 36066
I hereby lIlAlIl that 1/We !\CknQwledgothe dtJlft Conditil)llS Of Appt(l'lal for the abllVe
named project. JlWe underStarid thRtthesearednft conditionsonli'anddo hereby agree
to accepHlIldabid~bY!lU finlU c!'onditillXl~ ~$cribed by the Ci1:y of Lake El$hl:llnl, as:lIet
forth in the attachments to the appro:vallettertbtit will be Sent afterfiDal.prqjectapprovaI.
All final ooilditions shall be lI1et tltfor td 1llll1Iai1ce of peI1lli~ or ,prior to theflrsf
CertUiClltll of Occ'!pancy. or as otherwise indieallld in t1ie COl!ditil>DS, snbject to the
approval of the Ilircctor ofCollimUiiityDevelopm.ent of the City ofLalteElsiliore.
Date: '(Io/~'
~-~~
J?nntName: .l1:aJuJ <If ~4$
Address: 17S{':I.. ~Nd/.rl>.A!..
j.AI:1ll'A/A- {J~ ("'4- ,?~>7
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ACKNOWLEDEGEMENT OF .
DMFT CONDITIONS
RE: Greenwal~Commen:iaICenter
CdlJlDlllrcllll.Bll!ligIl Review No. 20118;.01, .
Conditional Use Penni! No. 200S..()'1
Tentative Parcel.Map No. 3606"6
n
1 hereby state Jblll .J/We .ackno\l(ledge tIlll draf\; Conditions l1f ~PJ>I\lY8l for the above'
named p!t1jllcl ItWll't\Ildei'S/!Inll that ~ese lire draf\; conditiOns on'r and do hereby agree
to ~cept and abide,by all final COnditions.prescribed by lbe City of Lake Elsinore, lIS set
forthin.ihe aitacbmenis to ihe approvallettcr.ihat will bll$ent.at'ler fii!aI Pl'Oject approval.
All fmal conditions shall be met .prior to issuance of permits Of' prlOf to the (list
CertificateofOccupancYi or as otIierwi$e inilic;ated in the CQl1ditiOllll. subjllCt to !be
appi:oval.oftlie Dii1lCtor ofCommliDit)' D~velopmentofthe.City j)fLake ,Elsfuore.
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PrlntName:
. i
A:d!I~;
Pborl!: Number:
(',
CITY OF.~
LAKE \&,LSiI'iO~
?J~ DREAM E,XTREME~
Notice of Determination for
Mitigated Negative DeClaration
State Clearinghouse No. 2008011082
(In compliance with Section 21 I 08 or 21 I 52 U
of the Public Resources Code)
Filed With:
D
Office of Pbnning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
181
County Oerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Date: October 8, 2008
Project Title:
Mitigated Negative Declaration 2008-07 for the Greenwald Commercial Center project, Commercial Design Review No. 2008-
01, Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 .
Lead Agency Contact Person: Wendy Worthey, Principal Environmental Planner
Telephone Number: (951) 674-3124 x 288
Project Location:
The project site is located on the north side of Greenwald Avenue, at the northeast comer of the Gty of Lake Elsinore,
County of Riverside, and known as Assessor's Parcel No. 349-290-009. .
Project Description: : .. U
The project includes the subdivision of 13.9+ acres of vacant land into five parcels, and the construction of 98,587 square feet
of neighborhood shopping facilities in six bl1iltlings, including general offices, medical offices, restaurants with outdoor patio
dining, and a gasoline dispensing establishment with mini-mart and drive-through.
This is to advise that the Lake Elsinore Plannin~ Commission (Lead Agency) has approved the above project on
October 7, 2008, and has made the following determinations regarding the above-described project:
1. The project D will 181 will not have a significant effect on the environment.
2. D An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
181 A Mitigated Negative Declaration was prepared for the site pursuant to the provisions of CEQA
The MND and record of project approval may be examined at:
Gty of Lake Elsinore. 130 South Main Street. Lake Elsinore. CA 92530
3. Mitigation measures 181 were D were not made a condition of the approval of the project.
4. A Statement of Overriding Considerations D was 181 was not adopted for this project.
Signed: Title: Principal Environmental Planner
Wendy Worthey
u
A(jE~IDA ITEM !QO. .?-
PAGE (0." .. OF (O{?
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('\
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CITY OF ~
LAKE \6/LSiNO~
V DREAM E.xTREME~
TO:
FROM:
DATE:
,
REPORT TO PLANNING COMMISSION
HONORABLE CHAIRMAN AND MEMBERS OF THE
,
PLANNIN~ COMMISSION
TOM WEINER
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
OCTOBER 7,2008
,
CONDITIONAL USE PERNIIT NO. 2008-22 FOR "OUT OF
THE BoxiDANCE COMPANY & APPAREL" LOCATED AT
18415 PASADENA STREET, SUITE "B" APN: 377-151-093.
APRIL BACHMEIER lOUT OF THE BOX DANCE
COMPANY: 18415 PASADENA STREET, LAKE ELSINORE,
CA 92530
PROJECT TITLE:
APPLICANT:
OWNER:
JOHNSON FLINT, LLC: 512 CHANEY STREET, LAKE
ELSINORE, CA 92530
,
PROJECT REQUEST
The applicant is requesting approval :of a Conditional Use Permit to establish a Dance
Studio within. an existing Industrial Cqmplex, known as Pasadena Street Business Park.
The proposed facility will offer dance instruction to school age students. .'
, 'I 1
ENVIRONMENTAL SETTING
Project
Site
North
Limited Industrial
Limited Manufacturing (M-1) (L1) Limited Industrial
I
Limited Industrial
Limited Manufacturing (M-1) (L1) Limited Industrial
, .
ACWDA ITE~Jj r~o. j
PAG!: I c,: 1-'
REPORT TO PLANNING COMMISSION
OCTOBER 7, 2008
PROJECT TITLE: CUP 2008-22
u
South
Limited Industrial (M-1) Limited Manufacturing (L1) Limited Industrial
East
Limited Industrial (M-1) Limited Manufacturing (L1) Limited Industrial
West
Limited Industrial (M-1) Limited Manufacturing (L1) Limited Industrial
PROJECT LOCATION
The project site is located at 18415 Pasadena Street, Suite "B" within the existing Limited
Manufacturing Industrial Complex, known as Pasadena Street Business Park'. The
proposed project is zoned as (M-1) Limited Manufacturing and has a General Plan
Designation of (L1) Limited Industrial
PROJECT DESCRIPTION
u
The applicant is proposing to establish a dance studio, known as "Out of the Box Dance
Company & Apparel" which will offer dance instruction to school age students as well as
retail sales of dance apparel and shoes. The facility will include a counter area,
administrative offices, a restroom and the dance floor instruction area.
DISCUSSION
The proposed project has been reviewed for compliance with Chapter 17.74, (Conditional
Use Permit) and Chapter 17.56, (M-1 ,Limited Manufacturing District) of the Lake Elsinore
Municipal Code (LEMC). According to the Section 17.543.030; (f) of the Lake Elsinore.
Municipal Code; "Health clubs, racquetball and indoor tennis courts, and similar related
facilities uses are allowed in Limited Manufacturing zones with approval of a Conditional
Use Permit". Conditional Use Permits are required because certain uses, such as the
proposed dance studio, present operational characteristics that may have or may create
potential negative impacts to adjoining properties.
EXISTING FACILITIES
!, .
The existing Industrial Complex contains ten (10) buildings which vary in size from 5,329 to
8,829 square feet. The applicant will occupy suite "B" of building "N"; which has been
divided into two (2), 4,415 square foot suites.
u
ACENDA ITE;;l NO.
PACE d-
'3
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REPORT TO PLANNING COMMISS.ION
OCTOBER 7, 2008
PROJECT TITLE: CUP 2008-22
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
3:00 P.M.- 9:00 P.M.
3:00 P.M.- 9:00 P.M.
3:00 P.M.- 9:00 P.M.
3:00 P.M.- 9:00 P.M.
3:00 P.M.- 9:00 P.M.
9:00 P.M. -1:00 P.M.
'. CLOSED
. . .. . I. . .
It is anticipated thatthe majority ofthe visitors will be attending the facility from 3:00 p.m. to
9:00 p.m. Monday thru Friday, which ~i11 havea minimum impact on off-street parking with
the Limited Industrial Complex, since the dance studio patrons will be arriving nearly at the
closing time of other existing businesses. It is also expected that minimal parking impacts .
will occur during weekend hours, dUE! to the fact that most, if not all of the other business
located within the Industrial Complex. are closed on Saturdays and Sundays.
,
("\
Parkina
. .
. .
Lake Elsinore Municipal Code (LEMC); Section 17.66.030 ( c); Number of Parking Spaces
Required, indicates that in the in Manufacturing Districts, (except
Commercial-Manufacturing), one (1) parking space shall be provided for each five-hundred
(500) square feet of unit area for up to'twenty-thousand (20,000) square feet. The following
chart reflects a breakdown of off-street parking. ..
,
COMMERCIAU
LIMITED 30,958 SQ. FT
INDUSTRIAL
62
74
As reflected in the chart above, minimum off-street parking requirements are met. There
are ten (10) parking spaces that will serve the facility located adjacent to the building
including two (2) handicap parking spaces.
ANALYSIS
Staff, determined that the proposed ljse will be appropriate to the site, due to the type of
use and hours of operation. The attendance of the clients will not create a parking
availability conflict for the existing Industrial Complex, since this specific unit has ten (10)
(\, assigned parking spaces, it is also expected that additional parking spaces throughout the
AGENDA m,;,j r~o.
PAGE 3
'"3
Of \,
REPORT TO PLANNING COMMISSION
OCTOBER 7, 2008
PROJECT TITLE: CUP 2008-22
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Industrial Complex will be available at off hours, when other business are closed.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Eriviroiunental Quality Act (CEQA)
pursuantto Article 19, Categorical Exemptions, Section 15301, Existing Facilities, Class 1.
RECOMMENDATION
a. Waive further reading and adopt a resolution approving Conditional Use Permit No.
2008-22 for .Out of the Box Dance Company & Apparel", based on the Findings,
Exhibits, and proposed Conditions of Approval. '
Prepared by:
Agustin Resendiz,"
Associate Planner
::'1
Approved by:
Tom Weiner,
Acting Director of Community Development
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Attachments:
1. Vicinity Map
2.' Planning Commission Resolution
3. Planning Commission Conditions Of Approval
4. Signed Draft Acknowledgment Of Conditions Of Approval
5. CEQA-Notice Of Exemption
6. Reduced Exhibits
7. Applicant Description Of The Proposed Business Plan
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ACENDA ITE:.: tlO. 3
PAGE~Cf .J...:J-
VICINITY MAP
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CONDITIONAlL USE PERMIT CUP 2008-22
"OUT OF THE BOX DANCE COMPANY & APPAREL"
, .
AWN: 377-420-001
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PROJECT SITE
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PLANNING COMMISSION
OCTOBER 7, 2008
ACENDA ITEM r~o. :)
PAGE 5 OF If
RESOLUTION NO. 2008-
A RESOLUTION OF THE' PLANNING COMMISSION OF THE CITY OF LAKE U
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
2008-22.
WHEREAS, April Bachmeier lOut of The Box Dance Company & Apparel; filed
an application with the City of Lake Elsinore requesting approval of Conditional Use
Permit No. 2008-22 for the establishment of a Dance Studio located at 18415
Pasadena Street, Suite "B", within the Pasadena Street Business Park; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has. been
delegated with the responsibility of considering and either approving, conditionally
approving, or denying conditional use permits; and
WHEREAS, public notice of the Project has been given and the Planning
. Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on October .7, 2008.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed business
establishment for "Out of the Box Dance Company & Apparel" facility located at 18415
Pasadena Street, Suite"B" within the Pasadena Street Business Park and has found
that it is consistent with the Lake Elsinore Municipal Code.
SECTION 2. It is hereby found and determined that the Project is exempt from
the California Environmental Quality Act (Public Resources Code Sections 21000 et
seq.: "CEQA") pursuant to a class Article 19, Categorical Exemptions, Section 15301,
. Existing Facilities, Class 1. .
SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter
17.74, the Planning Commission makes the following findings for the approval of
Conditional Use Permit 2008-22: .
U
Conditional Use Permit
1. The proposed use, on its own merits and within the context of its setting, is in accord
with the objectives of the General Plan and the purpose of the planning district in
which the site is located.
In order to achieve a well balanced and functional mix of residential, commercial,
industrial, open space, recreational and institutional land uses, staff has thoroughly
evaluated the land use compatibility, noise, traffic and other environmental hazards
AGENDA ITEM No.l U
PAGE.!tLOF II
{\
PLANNING COMMISSION RESOuimON NO. 2008-
PAGE20F4 '
related to the proposed Conditional Use Permit for the' establishment of the
proposed Dance 'Studio known:1 as "Out of the Box Dance. Company & . Apparel"
located at 18415 Pasadena Street, Suite "B': APN 377420-001 within the Pasadena
Street Business Park. Accordingly, the proposed land use is in concurrence with the
objectives of the General Plan ard the purpose of the planning district in which the
site is located.
2. The proposed use will not be. detrimental to the general health, safety, comfort, or
general welfare of persons residing or working within the neighborhood of the
proposed use or the City, otl injurious to property or improvements in the
neighborhood or the City. i
{\
In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the
Lake Elsinore Municipal Code, the City realized that the proposed Conditional Use
Permit for the establishment of th~ proposed Dance Studio known as "Out of the Box
, . .
. Dance Company & Apparel" located at 18415 Pasadena Street, Suite "B': APN
377420~001 within the Pasaden'a Street Business Park, may have a potential to
negatively impact the welfare of persons residing or working within the neighborhood
or the City. Considering this, : staff has substantiated that all applicable City
. I '. . '.
Departments and Agencies have been afforded the opportunity for a thorough
. review ofthe use and have incoiporafed all applicable comments and/or conditions
related to installation and maintenance of landscaping, street dedications,
regulations of points of. vehicular ingress and. egress and control of potential
. ,
nuisances, so as to eliminate any negative impacts to the general. health, safety,
comfort, or general welfare of the i surrounding neighborhood or the City.
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3. The site for the intended use is :adequate in size and shape to accommodate the
use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other
features required by Title 17 of the LEMC;
,I .
. The proposed Conditional Use Permit for the establishment of the, proposed pance
Studio known as "Out of the Box Dance Company & Apparel" located at 18415
Pasadena Street, Suite "B", APNi 377420-001 within the Pasadena Street Business
Park has been designed in con~ideration ofthe size and shape of the property,
thereby strengthening and enhancing the immediate Industrial Manufacturing area.
Further, the project as proposed will complement the quality of existing development
and will create a visually pleasing, non-detractive relationship between the proposed
and existing projects, . ,
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AGENDA ITEM NO. 3.
PAGEl OF D
PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE 3 OF 4
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4. The site for the proposed use relates to streets and highways with proper design
both as to width and type of pavement to carry the type and quantity of traffic
generated by the subject use.
The proposed Conditional Use Permit for the establishment of the proposed Dance
Studio known as "Out of the Box Dance Company & Apparel" located at 18415
Pasadena Street, Suite "B", APN 377420-001 within the Pasadena Street Business
, Park has been reviewed as to its relation to the width and type of pavement needed
to carry the type and quantity of traffic generated, in that the City has adequately
evaluated the potential impacts associated with the proposed uses prior to its
approval and has conditioned the project to be served by roads of adequate capacity
and design standards to provide reasonable access by car, truck, transit, and
bicycle.
5. In approving the subject use located at 18415 Pasadena Street, Suite "B", within the
Pasadena Street Business Park, there will be no adverse affect on abutting property
or the permitted and normal use thereof.
The proposed use has,been thoroughly reviewed and conditioned by all applicable
City Departments and outside Agencies, eliminating the potential for any and all
. adverse effects on the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC
have been incorporated into the approval of the Conditional Use Permit to insure
that the use continues in a manner envisioned by these findings for the term of the
use.
u
. Pursuant to, Section 17.74.050 (Action of the Planning Commission) of the Lake
Elsinore Municipal Code (LEMC), the proposed Conditional Use Permit for the
establishment of the proposed Dance Studio known as "Out of the Box Dance
Company & Apparel" located at 18415 Pasadena Street, Suite "B", APN 377420-001
within the Pasadena Street Business Park, has been scheduled for consideration
and approval of the Planning Commission.
SECTION 4. Based upon all of the evidence considered, the above findings, and
the conditions of approval imposed upon the Project, the Planning Commission hereby
approves Conditional Use Permit 2008~22.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
AGENDA ITEM No.l
PAGE l:L OF ....)..:1
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PLANNING COMMISSION RESOLUTION NO. 2008-
PAGE40F4 I
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PASSED, APPROVED AND AD0PTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, this yth day of October 2008.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
,
Tom Weiner I
Acting Director of Community Develdpment
-' , I
, ,
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
)ss.
)
I, TOM WEINER, Acting Director of Community Development of the City of Lake
, ,
Elsinore, California, hereby certify that Resolution No. 2008- ' was adopted by
the Planning Commission of the City 'of Lake Elsinore at a regular meeting held on the
yth day of October 2008, and that thei same was adopted by the following vote:
, " I '
,
AYES:
NOES:
ABSENT:
ABSTAIN:
Tom Weiner
'[ Acting Director of CommunitY Development
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AGENDA ITEf)(I No.l
PAGE...l OF D
PROJECT NAME:
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2008-22, FOR "OUT OF
THE BOX DANCE COMPANY & APPAREL" LOCATED AT
18415 PASADENA STREET, SUITE "B" WITHIN THE
PASADENDA STREET BUSINESS PARK; APN: 377-420-
001.
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PLANNING DIVISION
(Note: Fees listed in the Conditions of Approval are the best estimates available
at the time of approval. The exact fee amounts will be reviewed at the time of building
permit issuance and may be revised.)
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning the Conditional Use Permit and
Commercial Design Review for proposed "Indoor Skate Park" facility project
attached hereto.
2. Conditional Use Permit No. 2008-22 for the proposed Dance Studio shall run with
the land and shall continue to be valid upon a change of ownership of the site or U
structure which was the subject of the Conditional Use Permit (CUP) application.
The CUP shall also be subject to periodic review by the Director of Community
Development or designee. The CUP can be revoked at any time, if after reviewed
by the Planning Commission it is found that the applicant has not been in
compliance with Conditions of Approval. The revocation process shall comply with
Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC).
3. If the use is discontinued for a continuous six (6) month period or more, Conditional
Use Permit No. 2008-22 may be revoked. The revocation process shall comply with
Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC).
4. Conditions of Approval shall be reproduced on page one of the improvement plans
submitted to the Building Division Plan Check. All Conditions of Approval shall be
met prior to the issuance of a Certificate of Occupancy and release of utilities.
5. All site improvements approved with this request shall be constructed as indicated
on the approved site plan and elevations. Revisions to approved site plans or
building elevations shall be subject to the review of the Director of Community
Development. All plans submitted for Building Division Plan Check shall conform to
the submitted plans as modified by Conditions of Approval, or the Planning
Commission/City Council through subsequent action.
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AGENDA ITEM NO. '-=3
PACE_I 0 OF l'"
0- 6. Applicant shall meet ADA (Ameri~ans with Disabilities Act) requirements.
7. No outdoor storage is allowed.
8. Noise shall be regulated per the regulation of Chapter 17.78 of the Lake Elsinore
Municipal Code. .
9. Signage shall conform to the provisions of Section 17.94; and the applicable sign
program generated for the Collie~ Avenue Business Center.
,
10. No loitering outside of the building must be extremely enforced in order to maintain a
clean environment of the existing i Business Park.
,
ENGINEERING DIVISION
11.lf the existing street improvements are to be modified, the existing plans orifile 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.
I
12.ln .accordance with the City'sFr~nchise Agreement for waste disposal & recycling,
the applicant shall be required tq contract with CR&R Inc. for removal and disposal
of all waste material, debris, vege~ation and other rubbish generated during cleaning,
demolition, clear and grubbirig or all other phases of construction.
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POLICE SERVICES
13. Prior to certificate of occupancy, the applicant shall provide assurance that all'
requirements of the Police Department have been met.
I. .
FIRE DEPARTMENT !
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14. With respect to the conditionslof approval for the referenced project, the Fire
Department recommends the following fire protection measures be provided in
accordance with Riverside County Ordinances and/or recognize fire protection"
standards:
RAPID ENTRY BOX
i
15. Rapid entry key storage box shal! be installed on outside of the building. Plans shall
be submitted to the Lake Elsinor~ Fire Services for approval prior to installation. If, a
box is installed a key is to be provided to the Fire Department to place in the box.
n
{,CENDA In::,' NO.
PAGE II
J
OF ---1.:L
BUILDING PLAN CHECK
16. Building plan check fees shall be paid in a check or money order to the City of Lake U
Elsinore before plans have been approved by our office.
PRIOR TO BUILDING FINAL INSPECTION
FIRE LANES
17. The applicant shall prepare and submit to the Fire Department for approval, a site
plan designating required fire lanes with appropriate lane painting and/or signs.
SPRINKLER SYSTEM
18. Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R
system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater
sprinkler system (s) with pipe size in excess of 4" inch diameter will require the
project structural engineer to certify (wet signature) the stability of the building
system for seismic and gravity loads to support the sprinkler system. All fire
sprinkler risers shall be protected from any physical damage. The post indicator
valve and fire department connection shall be located to the front, within 50 feet of a
hydrant, and the minimum of 40 feet from the building protected, on the same side of
the street and driveway. A statement that the building (s) will be automatically fire
sprinkled must be included on the title page of the building plans. (Current sprinkler U
plan check fee is $614.00 per riser) Any modifications to the systems need to have
plans prepared and submitted prior to any work being done.
EXTINGUISHERS
19.1nstall portable fire extinguishers with a minimum rating of 2A-10BC and signage.
Fire Extinguishers located in public areas shall be in a recessed cabinet mounted
48" (Inches) to enter above the floor level with Maximum 4" projection from the wall.
Contact Fire Department for proper placement of equipment prior to installation.
TITLE 19
20. Comply with Title 19 of the California Administrative Code.
21. Prior to certificate of occupancy, the applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
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AOEtJDA 111:1;1 i~O. 3
PACE-..! ;}-- OF I J
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CllYOf' ~
LAIQ:: ,6/LSiliO~
~...S;l' D ';1-\ 1,1 f Xi' RIM I.
ACKNOWLEDGMENT OF
"DRAFT" CONDITIONS OF
APPROVAL
Subject:
Conditional Use Permit No, 2008-22 'for "Out of The Box Dance
I - - '
Company & Apparel" Located at 18415 Pasadena Street Suite "8"
APN 377-151-093.
I hereby state that I have read and acknowledge the Conditions of Approval and
do hereby agree to accept and ~bide by all Conditions I also understand that all
Conditions shall be met prior to'issuance of permits or prior to the first Certificate
,
of Occupancy, or as otherwise indicated in the Conditions
, ,
. - I ,.
"The decision of the Planning Commission of the City of Lake
Elsinore shalJ be final fifteen (15) days from the date of the
, decision, unless an appeal has been filed with the City Council of r
the City 'of Lake ElsinorJ pursuant to the provo 0 Ch ter "
17.80 of the Lake Elsinore: Municipal Code (LE C). ' I
Date,~
Applic;ant's Signature:
Print t:-lame
Wi t.,'~~
'3l'lo5 R.N~c-1:Jv C3/1-
~ I 0\- Of J-I5?o
qrt.L: c:t~(- (n'1Y--::3lJ-3~
~c.\\: 'l'-l4- 215-1SOg
" ,
Address:
Phone Number:
~, .
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ACEfJDA fiEf;! r~o. '3
PACE I '?:l OF 'I
CITY OF A
LAI(l': ,6,LSiNORJ::
V DREAM EfTREME..
Notice of Exemption
u
Filed With: 0
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
181
County Clerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Title: Conditional Use Permit No. 2008-22, for the establishment of "Out of the Box Dance Company &
Apparel".
Project Location (Specific): The project site is located at 18415 Pasadena Street, Suite "B" (APN: 377-420-001),
within the Pasadena Street Business Park.
Project Location (City): City of Lake Elsinore
Project Location (County): Riverside County
Description of Nature, Purpose, and Beneficiaries of Project:
A Conditional Use Permit for the establishment of "Out of the-Box Dance Company & Apparel" located at 18415
Pasadena Street, Suite "B", within the Pasadena Street Business Park. Furthermore, the proposed project is zoned I
as (M-1) Limited Manufacturing and has a General Plan Designation of (L1) Limited Industrial. U
- . I
. .' I
Name of Public Agency Approving Project: City of Lake Elsinore _ I
Name of Person I Agency Administrating Project: Agustin Resendiz" Associate 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))
181 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions
Section 15301, Existing Facilities
Reasons why project is exempt:
This project meets the requirements pursuant to Section 15301 (Existing Facilities) of the California Environmental
Quality Act (CEQA).
Contact Person:
Agustin Resendiz, Associate Planner
Telephone Number: (951) 674-3124
Signed:
Title: AcUna Director of Community Develooment U
Tom Weiner
ACENDA ITEr;1 t~o. 3
PA{)E~OF /}
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!R1~~~~\YllE[D)
Out of the Box Dance Company & Apparel
31735 Riverside Drive Suite, C312
Lake Elsinore Ca, 92530
951-544-8357
AUG 2 82008
CITY Or LAKe ELSINORE
PL.ANNINu DlvtSION
July 31,2008
To Whom It May Concern:
We are leasing an industrial building on Pasadena St in Lake Elsinore. Our plan is to open a dance studio.
We will be teaching dance instruction to school age students. In addition to teaching dance instruction we
will also be selling dance apparel and shoes to our students at discounted prices. Our business hours will be
from 3 PM to 9 PM, Monday thru Friday, and 9 Am to 1 PM on Saturday. Most of our students will be on
an after school program provided by us. We plan on hiring 5 employees that will teach on different days.
Out of the Box Dance (OOTB), hopes to make a difference for children Lake Elsinore. We will be
sponsoring one child from each school in Lake Elsinore. We will let the principal of each school choose a
child that is deserving of this wonderful opportunity. OOTB wants to make a difference in the lives of the
children that live here. That is the reason our studio will.be called," Out of the Box Dance Company". We
plan to stand out from our competitors and cater to the needs of our community. I hope this letter explains .
our business plans. For further questions please contact Lori Johnston @ 951-544-8357.
Thank you for your time
Sincerely,
Lori Johnston
Studio Owner
!R1~(c~D~~[o)
AUG 2 9 2008
CITY OF LAKE ELSINORE
PLANNING DIVISION
AGENDA m,:.1 NO. "3
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' - --- PAGE..l::L.OF _
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('\:ITY OF ~ +
LA~ 6LSlIiORf
~ DREAM E,XTREMEw
REPORT TO PLANNING COMMISSION
TO:
HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM:
TOM WEINER
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
OCTOBER 7, 2008
CONDITIONAL USE PERMIT NO. 2007-22 AND INDUSTRIAL DESIGN
REVIEW NO. 2007-04
SUBJECT:
(',
APPLICANT: MIKE DUNN, 3520 CADILLAC AVENUE, SUITE B, COSTA MESA,
CALIFORNIA 92626
OWNER:
Q.T. PROPERTY, LLC; CONTACT: AL BELL, MANAGER, CIO
ROBERT ROSENSTEIN & HITZMAN, 28600 MERCEDES STREET,
TEMECULA, CALIFORNIA 92590 .
Proiect Reauest
The applicant is requesting consideration of a Conditional Use Permit and an Industrial
Design Review to allow for the development of a Self Storage and Recreational Vehicle
Storage Facility (CUP No. 2007"22 and lOR No. 2007-04).
Project review is pursuant to Part VII: Development Regulations, Chapter 7.4 (Residential
Development Regulations); Subsection 9.2.2 (Conditional Use Permit); Subsection 9.2.3,
Design Review and all other sections within the East Lake Specific Plan as they relate to
the development of this proposal.
Proiect Location
The site is located on a 2.7 acre vacant parcel at the corner of Corydon Street and
Palomar Street (APN 370-120-045).
(',
, ;.
AGENDA In::': [.0.
PACE I
y
Of cI- 3
CUP No. 2007-22 and lOR No. 2007-04
October 7. 2008
Page 2 of8
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SettinQ
Northeast
Southwest
Vacant
Open Space -
Public Park
Mobile Home Park
Single Family
Residential
Vacant
AUA Air ort Use Area
Residential 1
Southeast
Coun of Riverside
County of Riverside
The General Plan Designation is Specific Plan. The Land Use Designation is Residential 1
(up to 6 du/ac) as described in the East Lake Specific Plan. The site is located within the
mapped Alquist-Priolo Special Studies Zone (please refer to the sections within this report
that lists the requirement and restrictions for properties located in this Special Study Zone).
The existing surrounding land uses adjacent to the proposed project site are 1) a single
family residential project known as "Serenity" located to the west and directly across
Palomar Street; 2) a neighborhood park that is part ofthe Serenity development and north
of the site; 3) an existing mobile home park approximately ten feet(1 0') below and east of
the site; and 4) a vacant parcel across Corydon Street, south of the project site located
within the City of Wildomar. The Mobile Home Park and properties east of the project site
have land use designations of AUA (Airport Use Area) East Lake Specific Plan. .
u
BackQround
The applicant met with various Staff members informally prior to their official submittal in
October of 2007. During preliminary review of the project, the Land Use designation ofthe
project site appeared to be AUA (Airport Use Area) due to the location of the alignment of.
Palomar Street. The East Lake Specific Plan does not show parcel lines and it was
assumed that Palomar Street was the boundary line separating the Residential 1 and AUA
Land Use Designations, when in fact the applicant's eastern boundary line is the line
separating the Residential 1 and AUA Land Use Designations (see Exhibit A - ELSP &
Exhibit B - APN Map attached).
In order to ensure thatthe applicant had correct information, Staff researched documents
and maps, including an acetate overlay map that was found identifying land uses and
Palomar Street's alignment. This overlay map clarified where the boundary line ofthe AUA
land use was located (see Exhibit C). The applicant questioned why his parcel and the U
adjacent parcels in question (APN's 370-120-071, 073, 074 and 045) were not
-ACENDA ItEM HO.
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CUP No. 2007-22 and IDR No. 2007-04
October 7, 2008
Page 3 of 8
automatically changed to AUA when the Palomar Street alignmentwas shifted west. It was
explained that Staff does not arbitrarily change land use designations when roads are
aligned. When it was discovered that the parcel in question was designated Residential 1
instead of AUA, Staff stated that it could not make findings to support approval of the self.
storage and recreational vehicle facility storage use on the residential land use site.
It should be noted that even if the site's land use designation was AUA a CUP would still
be required pursuantto Sub-section 7.5.5.b ofthe East Lake Specific Plan. In other words,
Staff would have to make findings in support or denial of the CUP whether it was in
Residential 1 or AUA. Staff has listed the reasons why findings cannot be made
recommending approval of the industrial use in the residential land use designation under
the "ANALYSIS, Conditional Use Permit No. 2008-08" section of this Staff Report.
Proiect Description
Conditional Use Permit
(\
As mentioned, a Conditional Use Permit process is required whether the land use remains
Residential 1 or changes to AUA. The following lists the permitted uses allowed in the
Residential 1 designation of the East Lake Specific Plan:
Permitted Uses:
. Single-family detached dwellings
. Single-family attached dwellings
. Park and Open Space areas
· . Recreation Center and facilities
Uses allowed with a Conditional Use Permit:
. Hospitals or medical centers
. Senior citizen housing projects
. Religious facilities
· Residential child care centers
. Day care centers
. Private Schools
· Commercial recreational facilities such as private health clubs, tennis and swim
clubs, or other similar uses.
· Residential 2, 3 and 4 land uses
n
Although industrial uses are not listed as an allowable use Section 9.2.2 the East Lake.
Specific Plan states that there is an allowance for other uses with a CUP, "not specifically
permitted nor prohibited in the Development Regulation." Since this statement is included
AGENDA ITEf:l i~O.~
PACE '3 Oi~ d- 3
CUP No. 2007-22 and lOR No. 2007-04
October 7,2008
Page 4 of 8
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in the Specific Plan, the appliCant requests an interpretation of this statement as it relates
to the project, thus the request for a Conditional Use Permit.
Findings that need to be made for approval of a Conditional Use permit are that:
1. The proposed use is in accordance with the objectives of the Specific Plan and the
Planning Area in which the site is located. .
2. The site is adequate in size and shape to accommodate the proposed use, and for
all the yards, setbacks, walls or fences, landscaping, buffers and other regulations
required by this Specific Plan.
3. There will be no adverse effect on abutting property or the permitted and normal
use thereof.
4. Adequate conditions and safeguards are incorporated into the approval of the
Conditional Use Permit to ensure that the use continues in a manner envisioned
by these findings for the term of the use.
Industrial Design Review No. 2007-04
u
The applicant proposes to construct two (2) multiple unit, storage buildings on an
approximately 2.7 acre vacant site. Building A is a one (1) story 25,380 square foot
structure consisting of approximately one hundred and seventy-eight (178) storage units of
various sizes and Building B is a one (1) story 10,546 square foot building consisting of
forty-four (44) storage units for a total of two hundred twenty-two storage (222) units. The
proposal also includes an 818 square foot office.The applicant has provided information
stating that the office may be occupied for a maximum of 2000 hours per year since the
project is located within a restricted Alquist-Priolo Fault area. This restriction is pursuant to
the "Guidelines for Evaluating and Mitigating Seismic Hazards in California," a report that
was adopted March 13, 1997 by the State Mining and Geology Board in Accordance with
the Seismic Hazards Mapping Act of 1990. It is used as a guideline by the City of Lake
Elsinore. The total building footprint area is 36,742 or thirty-one percent (31%) of the lot
area. The maximum lot coverage allowed in the Residential 1 area of the ELSP is sixty
percent (60%). The applicant is also proposing to include fifty-eight (58) covered
recreational vehicle parking spaces located in the "restricted" Alquist Priolo Fault area.
Since the proposed project is an industrial type use, the AUA setback requirements were
used to determine if setbacks were being adhered to as the setbacks listed in Residential 1
relate mainly to single family homes. The building setbacks shown on the plan do not
comply with the setback requirements of the ELSP. A forty foot (40') setback (from the
curb) is required on Corydon Street. Palomar Street is considered to be a Collector Street U
ACENDA ITEM NO.
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CUP No. 2007-22 and lOR No. 2007-04
October 7,2008
Page 5 of 8
requiring a thirty-five foot (35') setback from the right of way; interior property lines require
a fifteen foot (15') setback when the use is adjacent to open space, which would apply in
this case with an adjacent park.
The driveway location shown,onthe'site plan has been determined to be too close to
Corydon Street. Stacking of vehicles' entering the site could create an unsafe condition.
The Riverside County Fire Departmentalso requires two points of access. The applicant is
aware of these issues, however, since Staff intended to recommend denial of the project,
the applicant chose not to resubmit a full re-submittal package, however, a single page
showing the possible relocation of the driveways was submitted. This revision is attached
as an informational item only (Exhibit 0 - revised Draft plan). This plan'shows that the
main driveway has been relocated further away from Corydon Street on Palomar Street. A
second emergency access is shown in approximately the same location as the driveway
shown on the cu'rrent plans.
ANALYSIS
Conditional Use Permit No. 2008-08
('\
Staff has provided the following analysis in response to each required Finding:
.1. The proposed use is in accordance with the objectives of the Specific Plan and the
Planning Area in which the site is located.
The proposed project is hot in accordance with the objectives of the ELSP
because the project is an industrial project that is proposed to be developed on
land that has a land use designation of residential. The industrial land use is not in
accordance with the objectives of the Residential 1 land use because:
. The Residential 1 land use designation permits only residential, park and
open space, and recreation type land uses on property with a Residential 1
land uses on property with a Residential 1 land use designation. ' .
· There is existing neighborhood residential uses located east and west of
the project site and an associated neighborhood park located north of the
site. The proposed project site is surrounded on three sides by sensitive
receptors. .' ..
('\
· Industrial uses are not listed as conditionally permitted uses within the
Residential 1 land use designation of the ELSP.
ACENDA ITE,,'. NO.
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CUP No. 2007-22 and lOR No. 2007-04
October 7,2008
Page 6 of 8
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2. The site is adequate in size and shape to accommodate the proposed use, and for
. all the yards, setbacks, walls or fences, landscaping, buffers and other regul.ations
required by this Specific Plan.. .
The question of whether the site is adequate in size and shape to accommodate
the proposed use is not resolved due to two issues, therefore, Staff cannot make
this finding. The two unresolved issues are: 1) the unconfirmed location of the
Alquist~Prio/o Fault line and 2) the non compliance with .the required setbacks
listed in the East Lake Specific Plan.
. 1) Fault line location: The applicant has submitted a Fault Study report that
. . was completed for a previous applicant, $edco Hills. CO[lgregation of
Johovah's Witness, Inc., dated October 6, 1995. They also submitted a
response letter with an exhibit locating a restricted zone within the parcel
across Corydon Street (APN 370-320-018). Staff requires that an updated
geotechnical report be submitted for review and approval verifying that the
fault line is in the location shown on the plans.
. 2) Required setbacks: According to Section 6.3.1.b of the ELSP, Corydon
Road is considered to be a Perimeter Edge that requires a forty foot (40')
setback from the curb (see Exhibit E). The plans show a thirty-five foot (35')
setback from the curb. According to Section 7.5.5. c building setbacks for a
Collector Street (Palomar Street) is thirty five feet (35') from the right of way.
The plan shows a setback that varies from twenty five feef.(25') to five feet
(5'); interior property lines are fifteen feet (15') when a property is adjacent to
openspace (Serenity Park) (see Exhibit F). The site plan shows a setback
offive feet (5') to zero feet (0'), therefore, setback requirements are not being
met.
u
, .'0
3. There will be no adverse effect on abutting property or the permitted and normal
use thereof.
The proposed Self Storage and Recreational Vehicle Storage Facility has the
potential to adversely affect the neighboring residential properties with noise, air
and traffic impacts:
. Traffic-the neighborhood will experience an increase in traffic volumes of
large scale vehicles such as moving vans and trailers, recreational
vehicles and vehicles towing boats to be stored and then removed from
the facility at various times during the day and evening;
. Noise - increase noise impacts created by the additional traffic volumes of
u
AGENDA ITEM NO.
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OF ;;. 3
CUP No. 2007-22 and lOR No. 2007-04
n October 7, 2008
Page 7 of 8
large scale vehicle, recreational vehicles and vehicles towing boats. Noise
may also be created with the opening and closing of the self storage units
and by the customers as they store and remove their goods.
. Air quality may be impacted due to the additional traffic volumes of large
scale vehicles including moving vans and trucks, recreational vehicles and
vehicles towing boats.
4. Adequate conditions and safeguards are incorporated into the approval of the
Conditional Use Permit to ensure that the use continues in a manner envisioned
by these findings for the term of the use.
Conditions have not been provided since Staff is recommending denial.
ENVIRONMENTAL DETERMINATION
(\
Pursuant to the California Environmental Quality Act (CEQA), the proposed Conditional
Use Permit No. 2007-22 and Industrial Design Review No. 2007-04 located on a vacant
parcel at the corner of Corydon Street and Palomar Street is not a project given that the
project is recommended to be denied. There is no environmental determination at this time.
Should it be decided that the project will move forward as proposed, or with modifications,
the applicant will be required to fulfill all requirements pursuant to the California
Environmental Quality Act and the Western Riverside County Multiple Species Habitat
Conservation Plan.
If the Planning Commission desires to support the proposed use, a preliminary
environmental analysis would be required to determine the type of CEQA documentation
that will be required. The proposed Conditional Use Permit No. 2007-22 and Industrial
Design Review No. 2007-04 cannot be approved until the proper CEQA documentation is
prepared.
RECOMMENDATION
It is recommended that the Planning Commission deny the request for the proposed
Conditional Use Permit No. 2007-22 and Industrial Design Review No. 2007-04 located on
a vacant parcel at the corner of Corydon Street and Palomar Street (APN 370-120-045).
Prepared By:
Linda Miller,
Project Planner
Tom Weiner, ~
Acting Director of Community Development
Approved By:
(\
ACENDA ITE~,l r~o.
PACE I
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OF ~ '?
CUP No. 2007-22 and lOR No. 2007-04
October 7, 2008
Page 8 of 8
Attachments:
1. Vicinity Map
2. Reductions
3. Special Exhibits
A. East Lake Specific Plan - Land Use Plan
B. Assessors Parcel Map
C. Land Use Plan with acetate Overlay
D. Applicant's Draft Plan .
E. Corydon Street Setback Requirements
F. Building Setback Requirements
4. Existing Storage Facilities
5. Full Size Plans & Color Conceptual Exhibits
j,"
.
AGEl~DA IT"l,l NO.
PAGE 5
4
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VICINITY MAP
INDUSTRIAL DESIGN REVIEW 2007-04
CUP 2007-22
APN 370-120-045
PROJECT SITE
MOBILE.
HOME
COMMUNITY
PLANNING COMMISSION
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EAST LAKE lAND USE PLAN SDMMARY
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Note: For furi!Iet re{erence. a
1"=1200' Con.;eptual Land
Use Plan is provi<led in the
. map pocket at the baclcof
this Specific Plan
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AG.ENPA ITE,,1 ,NO.
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c. ,Perimeter EdgeS
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The perimeter edge of East Lake is composed of Lakeshore Drive,
.~on Trail Road, and Corydon RQad. The landscape treatment
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and deVelopment setback of these three st:reebihave an important
role in establishing and defining the perim~ charllcter and image
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· of the entire East Lake cilmn\unity. ACcess irit6 EaSt Lake from the
PTrlmeteredgesis priularilythrOugliCommunityor District~lries.
ASaiesu1t, this provides theopPOrtunityto createastronglandscilpe
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. tr!!lltmerit along the telni!ining portions of the perimeter streets to
. .renu:orce the landscape ch;ua:cter enVisioned throughout East Lake
. ~d to provide a frien~ image to the external cilI1UI\unity. TIiis is
planned to be achieved through the dense planting oflluca1yptuS
. species along wIth large shrubs. Please. refer to Figure Xl, for a'
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depiction of the larid~pe con<:ept along theperimeter edges of East
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~adCanyon Road 'contn"buting'to the community open space
" ~d 1at\dscape stTucture. ltJeatures a naturalized 1at\dscape q-eat- . .
If'ent til enIunlce the wetlarids and habitat functions of this spaCe.'
P1imtJIUlterla1 s!1ch as California Pepper, WiI1ows,Sy.:mriores, and
~ther siIDilarplarits Should be nsed in huormal but dimsep~~ .( .
. toachi~e thisnatl1ralistic cliataclerfor the Multi-HabitatCorridor.
. .. . . AGENDA ITEM r~o.-L-
Vl-14 Section VI- DeSign Guidelines. PAGE )- L 9.,. d- ~
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categorybytheCommUnityDevelopment Directorordesignee.
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. . c. Site Development St,andJmIs
. . Minlmrim site area: Nominimum
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Ftom urban ArterUi1s: 45,en;m R.O.W;
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FiotifCol1l!ctorStteets:35' from R.O.W.
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AGENDA ITEM NO.3-
PAGE d- ') OF ;1-3
CITY OF ~.
0j~~ 6LSII10R@
: .~.~ DREAM EtTREME..
RE~ORT Td! PLANNING COMMISSION'
TO: CHAIRMAN AND MEMBERS OF
THE PLANNING COMMISSION
FROM: TOM WEINER
ACTING DIRECTOR QF COMMUNITY DEVELOPMENT
DATE: OCTOBER 7,2008
PROJECT: RESIDENTIAL DESIGN REVIEW NO. 2008-03,
FOR "JASMINE" BY I1ENNAR HOMES IN ROSETTA HILLS,
TRACT MAP NO. 31792
APPLICANT
& OWNER: . JARNNE VALDEZ, SR.. PROJECT MANAGER, LENNAR HOMES,
391 N. MAIN STREET"SUITE 301, CORONA, CA 92880
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PROJECT REQUEST
The applicant requests approval to construct 65 residential lots in Rosetta Hills in Tract
31792 including a model complex, I' with the proposed "Jasmine" product. "Jasmine"
products will replace the previously approved "Magnolia" homes for these lots in a
community nearly 60% constructed and occupied. .
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PROJECT LOCATION
The project site 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 i~ru -053;347-360-003, -004 and -005.
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ENVIRONMENTAL SETTING
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EXISTING LAND USE ZONING GENERAL PLAN
Project Vacant & under R~1 Single Family Low Medium Density
Site construction & partially Residential Residential (6 dwellings
occuDied per acre)
North Rosetta Canyon (by Ramsgate Specific Plan Ramsgate Specific Plan
Centex Homes)
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Page 1 of5 .
Agenda liem No. r::;
Page --1- of :::9:1
PLANNING COMMISSION STAFF REPORT
RDR 2008-03
OCTOBER 7, 2008
South Vacant R-1 - Single Family Very Low Density
& RR - Rural Residential Residential (2 acre min) &
Freewav Business
East Centex Homes & Ramsgate Specific Plan Ramsgate SP & Low
Warren Elementary & RR - Rural Residential Medium Density & Very
School Low Densitv Residential
West Vacant County Sphere of Influence, V~ry
Low Densitv Residential .
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BACKGROUND
On June 20, 2006, the Plann'ing Comri1i~sion approved Residential Design Review No.
2005-20, which allowed the construction of the "Magnolia" and "Primrose" products in
Rosetta Hills. To date, 111 of the 190 lots have already been constructed and occupied,
eight are under construction and will close in October, and six remain to pull permits as
"Magnolia" products. No homes in Rosetta Hills are in foreclosure as of September 25,
2008, however there are homes for sale: .
PROJECT DESCRIPTION
Residential Design Review .No: 2008-03 proposes 11 phases, generally with six homes
in each phase, for a total of 65 homes: The proposed "Jasmine" product consists of U
three floor plans, ranging in size from 2,269 square feet, 2,441 square feet, and 2,590
square feet. Three elevation styles are proposed, "Spanish," Country," and "Craftsman,"
selected to emulate these styles in the existing "Magnolia" and "Primrose"
neighborhoods.
The model complex consists of two homesites and a parking lot at the intersection of
Bankhall Street and Diana Lane. This location is adjacent to Lennar's existing model
complex for "Magnolia" and "Primrose," and at the Diana Lane entrance to the Rosetta
Hills community.
ANALYSIS.
Staff recommended and Lennar agreed .to invite the residents of Rosetta. Hills to a ,
meeting to present the. new products and materials proposed. Staff attended the.
meeting, held on August 6, 2008, at the Lennar Sales Office, and noted the concerns of
the residents. Since that date, Staff has worked with the applicant to address these
concerns.
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Page 2 of 5.
Agenda Item No. ~
Page ~ of:3IJP
PLANNING COMMISSION STAFF REPORT
RDR 2008-03
OCTOBER 7, 2008
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1.
Integration of a new product in an existing neighborhood
Residents claim that Rosetta Hills ':!was not originally designed to accommodate an
integration of various sized homes, that the proposal is forcing this integration because
of market demands.
Staff reviewed the proposed Plotting and Phasing Plans with particular attention to the
integration issue. Staff reconimendet:l and Lennar modified their proposal to ensure that
the "Primrose," "Magnolia" and "Jastnine" neighborhoods were plotted cohesively. Six
"Magnolia" products are to remain on Lots 25, 82, 83, 109, 118, and 119, in order to
retain their continuity at the interse~ion of Diana and Waterford Streets. The proposed'
new "Jasmine" products are at their southeast portion, along both sides of Whitehall, '.'
Vauxhall and the end portion of Waterford Streets, and at the northwestern portion, on
both sides of the beginning of Bankhall Street. '
If the "Jasmine" product had been proposed in the original submittal for Rosetta Hills, .
Staff would have found the proposed, locations acceptable as an integrated plan~ ..
. )
2. Addition of a single story product in a solely two-story community
Residents claim downsizing the products reduces their property values, that the single
/'"'\ story product is ugly and is not ebhanced to match the "Magnolia" and "Primrose"
I ' products.ii
Staff did not have a concern with thE( introduction of a single story unit. However, Lennar
replaced it with another two' story product in response to the residents' concerns. No
single story product was constructed in Rosetta Hills, and the adjacent Rosetta Canyon '
development by Centex is predominantly two-story.
"Jasmine" now offers all tWo-story products as follows: .
. Plan 1, a 4 bedrooriJ,3 bath,3-car garage plan @ 2,269 sJ.;
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. Plan 2, a 4 bedroom,3 bath,3-car garage plan @ 2.441 sJ.;
. Plan 3, a 4 bedroorh,3 bath,3-car garage plan @ 2,590 sJ.
:1
The "Magnolia" product offers three plans, all two-story, 3-car garage homes
@ 2,904 sJ., 3,049 sJ., and 3,399 sJ. The plans offer four, three and five
bedrooms respectively.
The existing "Primrose" products are comprised of two-story homes from
3,504 sJ., 3,676 sJ. and 3,873 sJ. All plans offer five bedrooms, and the
garages have capacity for either three or four cars.
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Page 3 of 5
Agenda /lem No. -5-
page.3... of J41,
PLANNING COMMISSION STAFF REPORT
RDR 2008-03
OCTOBER 7, 2008
3.
Matching the quality of architecture to the existing community
U
Residents claim that the elevations originally submitted had few enhancements that
matched up to their homes. They believed that the lesser quality was obvious.
Prior to the submittal of RDR 2008-03, Staff indicated to Lennar that smaller sized
product offerings would not necessarily be grounds for denial, as long as the new
product was designed to integrate into the existing community. Staff worked with Lennar
to match up "Jasmine" to the existing community in quality of architecture and materials
used. Lennar agreed to use the same Color and Material Boards approved for
"Primrose" and "Magnolia." The "Jasmine" products offer a Spanish style designed to
emulate the Spanish style in "Primrose," while the Country and Craftsman ,styles took
elements from the "Magnolia", pro,ducts. A listing of similar architectural treatments was
provided by the Lennar architect, Kevin L. Crook, and his list is attached to this Staff
Report as Exhibit 'L.'
The "Jasmine" products also offer a similar width of house frontage, thereby creating a
similar street scene as the existing "Magnolia" and "Primrose" homes.
ENVIRONMENTAL DETERMINATION
Residential Design Review' No. 2008-03 does not propose substantial changes to Tract U'
Map No. 31792 for which Mitigated Negative Declaration No. 2004-06 was prepared. No
new significant environmental effects or an increase in the severity of previously
identified significant effects are anticipated. No substantial changes have occurred with
respect to the circumstances under which the project is undertaken that would require
major revisions to the Mitigated Negative Declaration. 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 is
conditioned to comply with mitigation measures adopted for Tract Map No. 31792.
Staff recommends that the Planning Commission determine that Residential Design
Review No. 2008-03 is consistent with and implements Mitigated Negative Declaration
No. 2004-06 for Tract Map No. 31792. Therefore, in accordance with the California
Environmental Quality Act (CEQA) and pursuant to Section 15162 - Subsequent EIRs
and Negative Declarations, of said Act, Staff recommends that the Planning
Commission determines that no further environmental documentation for Residential
Design Review No. 2008-03 is necessary.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving
Residential Design Review No. 2008-03.
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Page 4 of 5
Agenda IteJT\ No. S
Page --.:L of :3:k
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PLANNING COMMISSION STAFF REPORT
RDR 2008-03
OCTOBER 7, 2008
Prepared By:
Carole K. Dona~oe, AICP, Project Planner . ~
Tom Weiner, Acting Direct~r of Community Development
"
Approved By:
: ~~
Attachments:
1. Exhibit 'A' - Vicinity Map
2. Resolution No. 2008-_ approving Residential.Design Review No. 2008-01
a. Conditions of Approval .
b. Exhibit 'B' - Plot Plan
c. Exhibit 'C' - Phasing Plan
d. Exhibit 'D' - Model Complex Site Plan
e. Exhibit 'E' - Model Comph3x Conceptual Landscape Plan
f. Exhibit 'F' - Floor Plans (3:ipages)
g. Exhibit 'G' - Street Scene::
h.. Exhibit 'H' - Elevations (9:pages)
i. Exhibit 'I' - Color & Material Board (Enclosure)
j. Exhibit 'J' - Architectural Gomparison Listing (2 pages)
3. Draft Acknowledgement of Conditions
4. Draft Notice of Determination"
Page 5 of 5
Agendalle!DNo.~
Page ~ of -9Je
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VICINITY MAP
RESIDENTIAL DESIGN REVIEW 2008-03
APNPAGES 347-51,52, 53,54, ~55
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PLANNING COMMISSION
1 0/07/2008
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ACENDA ITEM NO. C;
PAGE (0 OF Lt f.,
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RESOLYTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
I!I
OF LAKE ELSINORE; CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW 2008-03 FOR THE "JASMINE"
PRODUCT @ ROSETTA HIL~S, TRACT 31792
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WHEREAS, an application has been filed with the City of Lake Elsinore by
Lennar Homes (the "Developer") requesting approval of Residential Design Review
No. 2008-03 (the "Design Review"):for the product called "Jasmine" proposed for 69
lots in Tract Map No. 31792, known as "Rosetta Hills;" and
,.,.!
WHEREAS, the project is lobated southeast of Highway 74, east of Interstate
15 and the intersection of Conard Avenue and Third Street, and known as residential
lots on Assessor's Parcel Pages 347t51 , -53, -54, and -55 (the "Site"); and
WHEREAS, the Design Review includes design details for 69 lots including two
models within a model home complex, on the Site; and
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WHEREAS, the Planning Co'mmission of the City of Lake Elsinore has been
delegated with the responsibility of making decisions pertaining to. residential projects;
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and 1
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WHEREAS, pursuant to the" California Environmental Quality Act (Cal. Pub.
Res. Code ~~ 21000 et seq.: "CEnt") 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 th,ose previously prepared documents adequately
address the potential impacts of the proposed project (CEQA Guidelines Section
15006); and
WHEREAS, CEQA Guidelin~" Section 15162(a) states that 'When an EIR has
been certified or negative declaratidn adopted for a project, no subsequent EIR shall
be prepared for that project unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
. ,t
1. Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the
involvement olnew significant environmental effects or a substantial
increase in thesev~rity of previously identified significant effects;
Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of
the previous EIR or negative declaration due to the involvement of
new significant enVironmental effects or a substantial increase in the
I .
severity of previously identified significant effects; or
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2.
AgendalterqNo. .:>
Page ~ of:::31>
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE20F4
3.
New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
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(A) The project will have' one or more significant effects not
discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible' and would substantially
reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to 'adopt the
mitigation measure or alternative."; and
WHEREAS, an Initial Study was prepared for Mitigated Negative Declaration
No. 2004-06 (the "MND") and a Mitigation Monitoring Program adopted thereto, on
September 28, 2004, for Tentative Tract Map No. 31792. The MND analyzed the
subdivision and grading of property and the construction of 191 single~family
residential lots, of which this Residential Design Review is a part.
WHEREAS, public notice of the Design Review has been given, and the
Planning Commission has considered, evidence presented by the Community
Development Department and other interested parties at a public meeting held with
respect to this item on October 7,2008.
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS: , '
, SECTION 1. The Planning Commission has considered the proposed design
for the 69 residential homes and model complex prior to making a decision and has
found them acceptable.
SECTION . 2. The Planning Commission finds and determines that in
accordance with CECA Guidelines Section 15162, the Design Review does not
present a substantial change or new information that would require further CEQA
analysis. The environmental impacts associated with development of the Design
Review were contemplated by, fully analyzed in, and mitigated through the Mitigated U
Agenda Item No. 5
Page .B- of:::91
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PLANNING COMMISSION RESOLlITION NO. 2008-_
PAGE 3 OF 4
Negative Declaration for Teritativ:e Tract Map No. 31792.
documentation is necessary for the Design Review.
No new CEQA
SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore
Municipal Code, the Planning Cornmission makes the following findings for the
approval of Residential Design Review No. 2008-03:
1. The project as conditioned will comply with the goals and objectives of the City
of Lake Elsinore General Plan and the Zoning District in which the project is
located.
The General Plan designates the site for Low Medium Density Residential (6
dwelling units per acre) and the Design Review implements this density.
The Zoning District on the sit~ is R-1 Single Family Residential, and the Design
Review complies with all dev~/opment standards of this zone.
2. The project complies with the design directives contained in Section 17.82.060.
and all other applicable provisions of the Municipal Code.
The Jasmine products have similar frontage widths to the Magnolia and
Primrose products already constructed in Rosetta Hills. Therefore the spatial
relationship of the structures is appropriate.
The Jasmine products were designed to use the same colors and materials
previously used on the Magnolia and Primrose products, and to match the
Spanish, Craftsman and Country styles already built in the neighborhood.
The project will provide wall .and fence treatments previously approved for the
tract, as well as landscaping as previously conceptually designed for the site.
3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to insure development of the property in
accordance with the objectives of this Chapter and the planning district in which
the site is located. .
Conditions have been applied to this project that prescribe site design,
setbacks, height, architectural design, exterior materials, colors, textures,
landscaping, lighting, walls arid fences, grading and phasing.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves
Residential Design Review No. 2008-03.
SECTION 5. This Resolution shall take effect from and after the date of its
o passage and adoption.
Agendalte~No. C)
Page~of~
PLANNING COMMISSION RESOLUTION NO. 2008-_
PAGE40F4
PASSED, APPROVED AND ADOPTED on this seventh day of October 2008.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Tom Weiner
Acting Director of Community Development
Axel Zanelli, Chairman
City of Lake Elsinore
Agenda Item No. 5
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT
MAP 31792 .
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PLANNING DIVISION
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(Note: Fees listed in the Conditions ~f Approval are the best estimates available at the
time of approval. . The exact fee amounts will be reviewed at the time of building permit
issuance and may be revised.)!! '
1. Approval Expiration. Design Review approval for Residential Project No. R 2008-30
will lapse and be void unless a building permit is issued within two (2) year of the
Planning Commission approval date. The Director. of Community Development may
grant an extension of time for up to one (1) year prior to the expiration of the initial
Design Review. An application .:for, a time extension and required fee shall be
submitted a minimum of one (1) month prior to the expiration date.
2.lndemnitv. The Applicant shall defend, indemnify, and hold harmless the City, its
officials, officers, employees, ana/or agents from any claim, action, or proceeding
against the City, its officials, officers, employees, or agents concerning the project
attached hereto. .li
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3. Notice Filina. ,The City intends t9 file a Notice of Determination with the Riverside
County Clerk's office 1(Vithin five;1 business days from' the approval of this Design
Review by the Planning Commission. A check in the amount of $64.00 payable to
Riverside County has been recei~ed from the applicant for this purpose.
4. Revision to Plans. All site improvements shall be con'structed as indicated on the
approved plotting plan and buildil")g elevations or as specified by these Conditions of
Approval. Any other revisions to:! the approved plotting plan or building elevations
. shall be subject to approval of the; Community Development Director or designee.
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a. All lots shall meet thehninimum setback requirements of the R1-Single
Family Residential Dist/-ict. Where dimensions are missing on conceptual
plans, it is assumed tbat Precise Grading Plans will comply with these
setback requirements. '
b. Where lots exceed the rear yard setback requirement by more than 50
feet, houses shall be stfggered to provide a varied streetscape.
c. '. All garage doors shall i~c1ude windows.
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Agenda Item No. -.5.
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
200S-03 LENNAR HOMES "JASMINE" tal ROSETTA HILLS IN TRACT U
MAP 31792
5. Use of Colors & Materials. Materials and colors depicted on the approved materials
boards shall be used unless modified by the applicant and approved by the Director ' .
of Community Development or designee.
6. SMe & Color Distribution. Applicant shall submit, for review and approval by the .
Director of Community Development or his designee, a detailed Plotting Plan prior to
the issuance of building permits for each phase, which indicates the style and color
scheme to be used on each lot. Styles shall be evenly distributed throughout the
site. . The identical product and/or color'scheme shall not be constructed directly
across or adjacent to one another.
a. . Lot 91 shall be changed to a Plan 2C to avoid duplicated elevations in this
vicinity.
7. ADA Reauirements. Applicant shall meet all American with Disabili~ies Act
requirements for access to the Model Home Complex.
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8. Prior Approvals. Applicant shall comply with all requirements of the. underlying Tract
Map No. 31792, unless superceded by these conditions.
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'. Applicant shall comply with all relevant Mitigation Monitoring Program
requirements as set .forth in Mitigated Negative Declaration. No. 2004-06,
adopted forTentative Tract Map No. 31792 and Zone Change No. 2004-
09. Applicant shall provide a Mitigation Monitoring Program Report on a
quarterly basis during construction.
b. Applicant shall comply with all adopted Mitigation Monitoring Program
requirements that may apply to the site as a result of the proposed
Mitigation Negative Declaration for the Remediation Plan that covers Lots
49 thru .68. Applicant shall provide a Mitigation Monitoring. Program Report
.on a quarterly basis during construction. .
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c. Construction on the property is subject to the terms and conditions of the
Land Development Agreement executed by the City and Wasson Canyon
.. Investments, L. P., ami as amended.
d. The applicant shall fund the implementation of the MMRP through every
stage of development. The City shall appoint an environmental monitor
who shall periodically ins'pect the project site, the documents submitted by
the applicant, the permits issued, and any other pertinent material, in order
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Agenda Item No.5
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CONDITIONS OF ARPROVAL FOR RESIDENTIAL PROJECT NO.
200S-03 LENNAR HOMES "JASMINE" (iil ROSETTA HILLS IN TRACT
MAP 31792
to monitor and report compliance to the City until the completion of the
project. "
9. RDA: This project is not within a?esig'nated Redevelopment Agency Project Area.
10. Hours of Construction. The developer shall comply with Chapter 17.78, Noise
Control, of the Lake Elsinore Municipal Code. In addition, construction shall be
limited to the hours of 7 a.m. tq' 5 p.m., Monday through Friday. No construction
activity shall be allowed on Saturdays,' Sundays or legal holidays; It is the
developer's responsibility to ensure that contractors and subcontractors at the
project site comply on his behalf. :.,r .
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11. . The applicant shall place a weatherproof 3' X 3' sign at the entrance to the project
site identifying the approvedaays and hours of construction activity and a
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statement that complaints regaraing the operation can be lodged with the City of
Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed
on the property prior to the issuahce of a grading permit or building permit.
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12. Violations. Upon violation by the applicant of the City's Noise Ordinance or the
Condition of Approval regarding hours of construction, the applicant shall cease all
construction activities and shall!: be permitted to recommence such activities only'
upon depositing with the City a $5,000 cash deposit available to be drawn upon by
the City to fund any future law enforcement needs that maybe caused by potential
project construction violations ahd the enforcement of the City's Noise Ordinance
and Conditions of Approval. The applicant shall replenish the deposit upon notice
by the City that the remaining baiance is equal to or less than $1,000.
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13. Construction Trailers. A cash bond of $1,000.00 shall be required for any
construction trailers used during1:construction. Bonds will be released after removal
of trailers and restoration of the'isite to an acceptable state, subject to the approval
of the Community Development Director or designee.
14. Construction Phasina. The applicant shall comply with the Phasing Plan approved .
for this project which shows prilT1ary, secondary and construction access for each
phase of the project. Any chang~s to the approved Phasing Plan shall be submitted
for review and approval by the Director of Community Development or his
designe'e, with concurrence by the Engineering, Planning, and Building Divisions,
and the Fire Department. Construction phasing plans shall be implemented to avoid
construction traffic from entering!occupied neighborhoods within the tract.
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Agenda Item No. 5
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" em ROSETTA HILLS IN TRACT U
MAP 31792
a. . After occupancy. of Magnolia Phase 1, construction vehicles shall use
Third Street to access the second phase.
b. Construction vehicles shall use Waterford Street to to its. terminus. with
Whitehall Street to access the Jasmine phases at the southeast end of the
community.
c. Construction vehicles shall use Diana Lane and Bankhall Street to access
the last three phases of Jasmine.
15. EVMWD. The project shall connect to sewer and meet all requirements of the
Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and
sewer plans to the EVMWD and shall incorporate all district conditions and
standards, including payment of applicable water and sewer connection fees.
16. GaraQes. Garages shall be constructed to provide a minimum of nine-feet-six-
inches by nineteen-feet-six-inches (9'-6" x 19'-6") of interior clear space for two cars
for a total interior clear space of nineteen-feet-six inches by nineteen-feet-six-inches
(19'-6" X 19'-6").
17. Walls & Fences. All theme walls are required to be coated with anti-graffiti paint.
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18. Any retaining walls visible to the public shall match the interior masonry split face
block walls in color and style.
19. Construction drawings previously approved for Rosetta Hills shall apply to all wall
returns, walls fronting the street between residential units, and perimeter.walls. .
20. Walls or fences located in any front yard shall not exceed thirty-six inches (36") in
height with the exception that wrought-iron fences maybe five feet (5') in height.
Chain link fences shall be prohibited.
21. The Developer shall ensure the replacement of wood or block wall with tubular steel
view fencing on all slopes. .
22. Where residential lots have view fencing at the rear lot line and the depth of the rear
yard is greater than 30 feet, the last ten feet of wood fencing shall be replaced with
tubular'steel view fencing.
23. The tubular steel view fence installed along public access community trails shall be
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Agenda Item No. S
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. CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" ((il ROSETTA HILLS IN TRACT
MAP 31792 .
of industrial-grade material for safety purposes.
24. Construction drawings for Interiqr Wood Fence shall comply with the City Standard
Drawing Exhibit 'A.' .
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25. A six-foot (6') decorative block w!'l" shall be required along all side and rear property
lines of the subdivision in compliance with the standards in Zoning Code Section
17.14.130.D. The 'Wall and Fencing Plan" submitted and approved for the entire
project shall apply.
26. FMZ. The applicant shall abid~ by the approved Fuel Modification Plan for Tract
31792, and all conditions of approval of said tract.
a. Construction shall be restricted until adjacent subdivisions have developed
or the applicant obtains arrangements with adjacent property owners to
. provide fuel modificatiqh zones for this project.
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27. Four-sided Articulation. Full architectural treatments as depicted on exhibits or
conditioned by these conditions of approval, shall be required for both the first and
. second story elevations. ii'
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28. Fire Deoartment Primarv & Secondarv Access. The applicant shall consult with the
Building and Safety Manager and: Riverside County Fire Department in order to meet
primary and secondary access irequirements of that agency during all phases of
construction once combustibles are brought to the site. The applicant shall meet all
applicable County Fire Departm1:mt requirements for fire protection of the project
site.
29. Sionaoe. All signageshall be re~iewed and approved by the Director of Community
Development or his designee, ahd shall require the issuance of a Sign Permit as
appropriate.
30. CC&Rs. The applicant shall include this project's property owners into the existing
homeowners' association (HO~),' and subject.. to the approved Covenants,'
Conditions and Restrictions (CC&Rs) for said HOA, prior to release .of building
permits. ,:
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a. All open space areas,! picnic areas, tot lot, walking trails, maintenance
easements, detention ~asins and drainage facilities shall be maintained by
. the HOA excepting underground storm drain pipes.
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Agenda Item No.'; C;
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" ((il ROSETTA HILLS IN TRACT ()
MAP 31792
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b. All HOA documents shall be approved by the City and recorded, such as
,the Articles of Incorporation and CC&Rs.
c. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers and
. trucks over one-ton capacity.
d. ,. CC&Rs 'shallprohibit roof-mounted or front-yard. microwave satellite
antennas.
e.-Allletteredlots shall be owned and maintained by the HOA and so noted
on the Final Map.
. 1. In the event that the' Homeowners' . Association . fails to meet its
responsibilities with regards to the maintenance of open space areas, the
City's Lighting, Landscaping and Maintenance District shall automatically
provide such maintenance and assess the HOA for this service.
The CC&Rsshall expressly designate the City of Lake Elsinore as.a Third
party beneficiary to the CC&Rs such that the City has the right, but not the
obligation, to enforce the provisions of the CC&Rs.
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h. The CC&Rs shall designate the homeowners' association as te entity
. responsible for maintenance, repair, irrigation, and stability of all slopes
and landscaping within the common area as such term is defined in the
CC&Rs.
i. All lettered lots shall be owned and maintained by the HOA or other entity
approved by the Director of Community Development and so noted on the
" Final Map.
Prior to Issuance of Building/Grading Permits
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31.Acknowledoment of Conditions. Within 30 days of project approval by the City
Council, and prior to issuance of any precise grading permits or building.permits for
this project, the applicant shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the Community Development
Department for inclusion in the case records.
32. The applicant shall provide to the Director of Community. Development within 30
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Agenda Item No. C;,
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CONDITIONS OF ARPROVAL FOR RESIDENTIAL PROJECT NO.
200S.Q3 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT
MAP 31792'
days of approval, a final approve9 version of the project in digitized format.
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33. Gradina Ordinance ComDliance.~pplicant shall comply with all requirements of the
City's Grading Ordinance. CO[lstruction generated dust and erosion shall be
mitigated in accordance with thei!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. Any alterations to the topography, ground surface, or any other site
preparation activity will require ap'propriate grading permits.
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34. Plancheck Submittal. These Conditions of Approval shall be reproduced upon Page
One of the Building Plans prior to their acceptance by the Building and Safety
Division. .
35. UBC. The applicant shall submit for review and approval by the Building Division
building plans that .are designedito current UBC and adopted codes, and meet all
applicable Building and Safety Division requirements. Building plans shall indicate
compliance with applicable fire ha~ard zone requirements. .
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38. Drivewavs. Driveways shall be:' constructed of concrete per Building and Safety
Division standards. I'
39. Buildina Addresses. The building addresses shall be a minimum of four inches (4")
high and shall be easily visible ffom the public right-of-way. Developer shall obtain
street addresses for all project,lots prior to issuance of building permits. The
addresses (in numerals at leasflifour inches (4" high) shall be' displayed near the
entrance and be visible from the front of the unit. Care should be taken to select
colors and materials that contractiwith building walls or trim.
40. Meetina with Contractor. Prior to.! Building Permits the Construction Supervisor shall
meet with the Planning Division' to review the Conditions of Approval. .
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Agenda Item No. C)
PagenOf~
CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" ((i! ROSETTA HILLS IN TRACT ()
MAP 31792
41. Landscape & Irrioation Plans. Landscaping Plans and Irrigation Details for each
plan shall be required, Typical Front Yard Plans and a Cost Estimate shall be..
submitted for review and approval by the City's Landscape Architect Consultant and
the Director of Community Development or Designee prior to issuance of building
permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the
entire project at the time of submittal.
a. Street Trees. The applicant shall install street trees to match existing
street trees a maximum of thirty feet (30') apart, and at least twenty-four
inch (24") box in size; The applicant shall plant street trees selected from
the City's Street Tr~e List.
b. Sioht Visibilitv. Planting within fifteen feet (15') of ingress/egress points
shall be no higher than thirty-six-inches (36").
c.
Water Conservation. 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.
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d. Easements. Landscaping shall be shown on both sides of any drainage
easements not within a. residential/at.
. e. Drainaoe facilities. Particular attention shall be given to.the screening of
drainage facilities from public view or adjacent residences.
f. Downslopes. Down slopes adjacent to streets shall be planted and
irrigated by the developer and maintained by the HOA.
42. Xeriscape Demonstration. One of the proposed lots of the Model Home Complex
shall be Xeriscaped and.signage provided that.identifiesXeriscape landscaping. . .
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43. LEUSD. Under the provisions of S8 50, the applicant shall. pay school fees to the
Lake Elsinore Unified School District prior to issuance of building permits. The
applicant shall provide evidence ~hat all required schoo/ fees have been paid.
44. Park Fees. Prior to issuance of building permits, the applicant shall pay park-in-Iieu
fees in effect at .the time of building perm!t issuance. In accordance with the
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Agenda Item No. S"
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CONDITIONS OF AF!PROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNARHOMES "JASMINE" @ ROSETTA HILLS IN TRACT
MAP 31792
Conditions of Approval for Traqt 31792, the applicant may contribute an equal
amount to the construction of Rosetta Canyon Park. ..
45. MSHCP Fees. Prior to the issua~ce of a building permit, the applicant shall pay the
City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in
effect at that time.
46.Ground Mounted Eauioment. ~II mechanical and ,electrical equipment on the
building shall be ground mounted. All outdoor ground or wall mounted utility
equipment shall be consolidated;in a central location and architecturally screened
along with substantial landscap,ing, subject. to the approval of the Community
Development Director, prior to i~suance of building permits. If the equipment is
placed behind the fencing, land~caping will not be required. Air conditioning and
related equipment located in side' yards shall maintain a minimum of 3 feet of
unobstructed, leveled clearance I?etween the equipment and the adjacent property
line.
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a. All floor plans shall relqcate air conditioning units lothe side yards where
n a seven or more foot side yard setback is available.
Prior to Final Approval
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47. Issuance of Occuoancv. The applicant shall meet all Conditions of Approval prior to
the issuance of a Certificate of Occupancy and release of utilities.
48. Painted Fencina. Prior to final approval, all wood fencing shall be painted or treated
with a high-grade, solid body, .', penetrating stain approved by" the Director of
Community Development or his designee.
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49. Landscaoina & Irriaation Installed. All front yards and the side yards on corner lots
shall be properly landscaped anc!, irrigated with an automatic underground irrigation
system to provide 100% plant an:Cl grass coverage using a combination 'of drip and
conventional irrigation methods. ::i
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a. Bond for Model Comolex.l; Prior to the release of a certificate of occupancy,
all landscape improvement~ for the Model Home Complex shall be bonded for
10% of the Approved Cost Estimate for labor, equipment and materials for
one year. A bond covering 120% of the Approved Cost Estimate shall also
cover the conversion of the model complex until it has been completely
converted to single family uses including parking area. Bonds shall be limited
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Agenda Item No. '5
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
. 2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT U
MAP 31792
in form to sureties provided by insurance companies, or to certificates of
deposit that are in the name of the City of Lake Elsinore.
., b. Phasina. All landscaping and irrigation shall be installed within an affected
portion of any phase at the time a Certificate of Occupancy is requested for
any building. -,
c. Consistencv with Approved Plans. Final landscape plan must be consistent
with the approved site plan.
d. Slope Landscapina. All exposed slopes in excess of three feet in height
within the subject tract and within private lots shall have permanent irrigation
systems and erosion control vegetation installed, as approved by the
Landscape Architect and Planning Division, prior to issuance of certificate of
occupancy.
e. Open Space. All adjacent Open Space areas shall be completely landscaped
and restored if graded, prior to issuance of a Certificate of Occupancy for the
adjacent phase.
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f. Landscape Bond. All landscape improvements shall be bonded with a. 10
percent Faithful Performance Bond for labor and materials for one year from
Certificate of Occupancy.
ENGINEERING DIVISION
General Requirements:
50. Conditions of Approval otTract 31792 are in effectfor this project.
51.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds 50 cubic .yard!? 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.
52. The applicant shall submit for review and approval a corrected Precise Grading Plan
to reflect the new amended lots. .
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Agenda Item No. 5
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CONDITIONS OF. AFlPROVAL - F.OR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" cw. ROSETTA HILLS IN TRACT
MAP 31792
53. Prior to commencement of grading operations, applicant to provide to the City with a
map of all proposed haul routes~o be used for movement of export material. Such
routes shall be subject to the revi~w and approval of the City Engineer. "
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54.AII grading shall be done under ~he supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. -
55. An Encroachment Permit shall be)'obtained prior to any work on City right-of-way.
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56. Street improvements including street lighting, traffic signal, traffic signing and striping
are required as part of this project. The improvements shall be prepared by a
registered civil engineer and shaU'meet city and/or riverside county standards.
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57. Arrangements for relocation of utility company facilities (power poles, vaults, etc.)
out of the roadway or aUey shall 'be the responsibility of the property owner or his
agent.
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58. Underground water rights shall b~ 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 Qistrict. "" ,
59. Applicant shall pay all development impact/mitigation fees, "including but not all
inclusive: TUMF, MSHCP,TIF and Area Drainage Fees.
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60. Grading" that affects "waters of the United States., wetlands or jurisdictional
streambeds, shall require approv~1 and necessary permits from respective Federal
and/or State agencies.
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61. Ten-year storm runoff shall be 60ntained within the curb and the 100 year storm
runoff shall be contained within tile street right-of-way.' When either of these criteria
are exceeded, drainage facilities ~hall be provided.
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62.AII compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 Y:," x 11" Mylar) shall be submitted to the Engineering Division
before final inspection of public works improvements' will be scheduled and
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63.AII waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction shall be disposed '
of at appropriate recycling centers. The applicant should contract with CR&R Inc. for
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Agenda Item No. S
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CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" @. ROSETTA HILLS IN TRACT U
MAP 31792
recycling and storage container services, but the applical')t may use the services of
another recycling,_vendor. Another re(fycling vendor, other than CR&R Inc., cannot
charge the applicant for bin rental .or solid waste disposal. If the applicant is not
using CR&R Inc. for recycling services and the recycling material is either sold or
donated to another ve!1dor, the applicant shall supply proof of debris disposal at.a
recycling (fenter, including verificatic:m of tonnage by certifiedwEligh master. tickets. '
64.ln accordance with the Gity's Franchille f.greement for waste disposal & recycling;
the applicant shall be required to contract with CR&R Inc. for removal and disposal
of allwaste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing ~r all other phases of construction.
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65.0n-site drainage shall be conveyed to a public facility, accepted by adjacent
'property owners -by a letter of drain,age, llcceptance, or conveyed to a drail1age, .
easement. .
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66.AII natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer. , .
67. Roof drains shall not be allowed to outlet' directly through coring in the street curb. U
68. Roofs should drain to a landscaped area.
69.Applicant shall comply with all NPDES requirements in effect; including the submittal
of an, Water Quality Management Plan (WQMP). as. required per t~e Santa Ana
Regional Water Quality Control Board.
70. City of Lake Elsinore has adopted ordinances for storm water manag'ement 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 di,scharges 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 dis~harge 'of pollutants into street, gutters, .stormdrain 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
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Agenda Item No. S
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CONDITIONS OJ: APPROVAL FOR. RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" liil ROSETTA HILLS IN TRACT
MAP 31792
71.Submit grading plans with appri)priate 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.
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72. Provide soils, geology and seismic' report. Provide. final soils report showing
compliance with recommendations. .. . . .
73. The applicant shall obtain all ne~ssary off-site easements for off-site grading and/or
drainage acceptance from the adjacent property owners prior to grading permit
issuance. .
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74. The applicant shall provide a copy of appropriate correspondence or. necessary
permits from Federal and/or State regulatory agencies prior to grading that affects
. wetlands or ''waters of the UnitediStates..
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75.Applicant to provide erosion colltrol 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 UN ih the Riverside County NPDES Drainage Area'
Management Plan.
76.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) prqgram with a storm water pollution prevention plan
prior to issuance of grading permits.
77.Applicant shall obtain approval :,from Santa Ana Regional Water Quality Control
Board for their storm water pollJtion 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.
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Prior to Issuance of Building Permit
78. Unless other timing is indicated, all Public Works requirements shall be complied
with as a condition of development for Tract 31792 and as specified in the Lake
. Elsinore Municipal Code (LEMC)!prior to building permit. .
79.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
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Agenda Item No. S
Pagenof~
CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
200S-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT
MAP 31792
u
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.
80.A Traffic Signal has been constructed at the intersection of Central Avenue and
Conard Street, consistent with the traffic impact analysis recommem;lations or the
Conditions of Approval for Tract 31792.
81. Street improvements shall be constructed on Conard Street, from 3rd Street to. .
Central Avenue. The improvements shall Jnclude ac pavement, curb/gutter,
sidewalk, signing and striping, and street lighting. .
82.0ffsite street improvements on Street A and 3rd Street shall be constructed per
recommendations of Tract 31792 Traffic Study.
83. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC
,16.34).
84. When the model complex parking lot is removed, the A.C. pavement shall be taken U
to a recycling center, not a landfill.
Prior to Occupancy
.,;
85.AII compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division.
86.AII street improvements (onsite and offsite) including signing and striping, and street.
lighting and drainage improvements shall, be completed in accordance with the
approved plans or as condition of development for Tract 31792 to the satisfaction of
the City Engineer. ..'
. . . .
87. FEMA elevation certificates shall be provided for structures within the floodplain.
88.A Traffic Signal has been constructed and operational at the intersection of Central
Avenue and Conard Street.
. .
89. Water and sewer improvements shall be completed in accordance with Water
District requirements.
90. The developer shall provide documentation regarding maintenance responsibility of
Page 14 of 15
Agenda Item No. 5" .
Page~of~'
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('.
CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO.
2008-03 LENNAR HOMES "JASMINE" lBl ROSETTA HILLS IN TRACT
. MAP 31792"
offsite and onsite detention' b~sins related to this project The City shall not be
responsible for maintaining the dJ,tention basins.
11
DEPARTMENT OF ADMINISTRATIV,E SERVICES - None.
. . ;:!1
(End of Conditions)
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Kevin IL. <Crook Architect, Inc.
1360 Reynolds Ayenue . Suite 110 . Irvine, CA 92614
Phone (~49)!~60-1587 . Fax (949) 660-1589
.www.klcarch.com
'J~
Jasmine Architectural Comparison to Primrose and Magnolia
; Lennar Homes
,
9129108
08024
The following list of architectural features are common to Jasmine and either Primrose and/or
Magnolia :, .
irA" SDanish
Front elevations
. Feature windows are sefinto recessed arches
. Wrought Iron accents ,
. Horizontal stucco accenttrims,
. Stucco corbels at eaves '
. Stucco trim at window head and sill
. Cross type mullion window pattern
. Three "clay" pipes in gabie en~s
. Concrete roof tile I ."
. Six panel front doors
. Recessed garage doors;
. Panel type roll up garage, doors
Side and Rear elevations '
. Gabel end vents with stucco trim at head and sill
. Cross type mullion window pattern on the second floor windows
. Stucco trim at window he~ds and sills
. Rear pop-out with arched soffit: three "clay" pipes in gable ends and foam bas trim
. Shed roof with knee braces atfeature window on side elevations
,
,
U8" CountrY
Front elevations ,
. Feature windows are set into recesses with flat soffits with stucco trim
. Plank type shutters ' '
. Recessed detail with trimiat head and sill in gables
. Stucco corbels at eaves ,
. Stucco trim at window he~d, ja'h,bs and sill
. Multi paned windows "
. Flat concrete roof tiles
. Six panel front doors
. Panel type roll up garage :doors
. Recessed garage doors
. Wood porch railing at selected 'elevations
. Ledge stone veneer i
Side and Rear elevations
. Gabel end vents with stucco trim at head, jamb and sill
. Window mullions on the s~cond floor windows
I
'5
Or 4("
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AGENDA ITEM NO.
PACE \..f .,
F
. Stucco trim at window head, jamb, and sill
. Rear pop-out with flat soffit, with recessed detail with trim at head and sill in gables
. Plank type shutters .
. Shed roof with knee braces at feature window on side elevations
"en Craftsman
Front elevations
. Feature windows are set into recesses with flat soffits with stucco trim
. Louver type shutters
. Lap siding with three corbels in gables
. Stucco trim at window head, jambs and double trim at sill
. Craftsman type mullion window pattem
. Flat concrete roof tiles
. Six panel front doors
. Panel type roll up garage doors
. Recessed garage doors
. Wood porch railing at selected elevations
. River rock stone veneer
Side and Rear elevations
. Gabel end vents with trim at head, jamb and sill
.
. Window mullions on the second floor windows
. Stucco trim at window head, jamb, and double trim at sill
. Rear pop-out with flat soffit, with lap siding with three corbels in gables
. Louver type shutters
. Shed roof with knee braces at feature window on side elevations.
. [:;\_:r0 P~~lr:~
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. ACENDA ITEM NO.
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ACKNOWLEDGEMENT OF
DRAFT CONDITIONS'
j";
RE:
'n
. \ ~i j .
I hereby state that UWe acknpwledge the draft Conditions of Approval for the above
named project. UWe understand tha,t these are draft conditions only and do hereby agree
to accept and abide by all final conJ:titions prescribed by the City of Lake Elsinore staff,
as set forth in, the attachment~Jo~e approval letter that will be sent after final project
(\ approval. ".., ,
All final conditions shall bei me~j' prior to issuance of permits or prior to the first
Certificate of Occupancy, Of' otherwise indicated in the Conditions, subject to the
approval of the Community Develbpment Director of the ,City of Lake Elsinore. The
decision of the Planning Cozrnhissi9n shall be final fifteen (15) days from the date of the
decision, unless an appeal has been,f11ed with the City Council pursuant to the provisions
of Cha,pter 17.80 of the Lake Elsinore Municipal Code (LEMC).
;. 1\,1
I ,., ~ E'uP'#.4 .lhJ?/ES t7 r 6~/ltJtI'M"I b.
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Print Name:
1
I,'
Address:
I
I:J
Date:
9,,/t,Ot
, ,
\' "
AppliCkt's Si~ture:
I,'
i ,
Phone Number:
I . . :~':
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'CE"~'~ ,'-" .' c;
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PACE "15 OF It!P
~-~ .~- ~---~--I
Notice of Determination
City of Lake Elsioore
Planning Division
130 S. Main Street
lake Elsinore, CA 92530
(951) 674~3124
(951)471-1419 Cax
(In compliance with Section 21152
of the Public Resources Code)
u
Filed With: 0
Office of Planning and Resean:h
1400 Tenth Street, Room 121
Sacramento, CA 95814
181
County Oerk of Riverside County
2724 Gateway Drive
Riverside, CA 92507
Project Tide:
Residential Design Review No. 2008-03
for the "Jasmine" product in Rosetta Hills, Tract 3 V92
by Lennar Homes
State Oearinghouse Nurnber(if submitted to State Oearinghouse): NI A
Lead Agency Contact: Carole K. Donahoe, AlCP, Project Planner Telephone No: (951) 674-3124 x 287
Project Location (include County): County of Riverside, Gtyof Lake Elsinore.
Southeast of Highway 74, east of Interstate 15, and east of the intersection of Conard
Avenue and Third Street, and known as Assessor's Pan:el Numbers 347-330-019, -045, -046,
-050 thru -053; 347-360-003, -004 and -005..
u
Project Description: The construction of 65 single family residential homes in Tract 31792. The proposal
includes a model home complex for two distinct neighborhoods, "Magnolia" and
"Primrose" in "Rosetta Heights." - .
This is to advise that the Ci1;y of Lake Elsinore Planning Commission (Lead Agency) has approved the
above project and has made the following determinations regarding the above described project:
Residential Design Review No. 2008-03 does not proposed substantial changes to Tentative Tract Map No. 31792.
No new significant environmental effects or an increase in the severity of previously identified significant effects are
anticipated. No substantial changes have occurred with respect to the circumstances under- which the project is
undertaken that would require major revisions to the Mitigated Negative Declaration for Tentative Tract Map No.
31792. No new information of substantial importance has corne 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.
The Planning Commission has determined that this Design Review is consistent with and implements the Mitigated
Negative Declaration for Tentative Tract Map No. 31792. Therefore, in accordance with the California
Environmental Quality Act and pursuant to Section 15162 - Subsequent EIRs and Negative Declarations, of said
Act, the Planning Commission has determined that no further environmental documentation for Residential Design
Review No. 2008-03 is necessaty.
Signed:
Tom Weiner
Title: Acting Director of Community Developrnenu
ACENDA liE" NO.
PAOlO L-f (,:,
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TOM WEIN. ER,' . ',' .
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ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
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OCTOBER 7, 2008
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AN AMENI;)MENT TO UNIFORM SIGN PROGRAM NO.
2007-07 "lAKE ELSINORE OUTLETS"
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CITY OF ~
LA~ \&LsiNO~
~.~ DREAM EfTfEMEw
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REPORTlTO PLANNING COMMISSION
TO:
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CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
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FROM:
DATE:
PROJECT TITLE:
APPLICANT:
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ARCHITECTURAL DESIGN & SIGNS, 2950 PALISADES
DRIV$, Cq>RONA, CA 92880
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OWNER:
CASTLE & COOKE 1000 STOCKDALE HIGHWAY,
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BAKERSF:IELD, CA 93311
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PROJECT REQUEST
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The applicant is requesting an a(Tlen(jment to the approved Uniform Sign Program No.
2007-07 for The Lake Elsinore Ou,t1et Center. The pertinent Lake Elsinore Municipal Code
chapters relating to sign programs and amendments are: Chapter 17.94 (Signs -
Advertising Structures), Chapter 17.3?:(Non-Residential Development Standards), and the
Lake Elsinore Outlet Center Specific I?lan.
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PROJECT LOCATION
The project ~ite is generallYIOcat~d on the east side of Coliier A~enue approximately 600
linear-feet south of Nichols Road! (AF1N's: 389-210-052, 062 & 063)..
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ENVIRONMENTAL SETTING i I
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The site is bounded on the north by elSisting commercial businesses, the 1-15 Freeway to
the east, vacant land to the soutl"i, and Army Corps of Engineers Jurisdictional Waters to
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the west.
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AGENDA ITEM ~
PAGELOF~
PLANNING COMMISSION STAFF REPORT
OCTOBER 7, 2008
PROJECT TITLE: AMENDMENT TO UNIFORM SIGN PROGRAM NO. 2007-07
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South
Lake Elsinore
Center
Commercial
Businesses
Vacant Land
Outlet
Outlet Center Specific
Plan'
Outlet Center Specific
Plan
M-1
Manufacturin
1-15 Freewa
of M-1 Limited
Manufacturing
Freeway Business
Project
Site
North
Freeway Business
Limited Freeway Business
East
West
1-15 Freewa
Army Corps
Engineers
Jurisdictional Waters
1-15 Freewa
Future Specific Plan Area 'T'
BACKGROUND
Uniform Sign Program No. 2007~07 was approved at the March 1S, 200S Planning
Commission meeting. This approval allowed for the redesign of the Freeway Pylon Sign,
the Outlet Center Tower Sign, and on-site monument signs. The mentioned uniform sign
program was unanimously approved.
PROJECT DESCRIPTION
The applicant has applied for an amendment to Uniform Sign Program No. 2007-07 to
allow for the re-Iocation of the freeway pylon sign.
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Pvlon Sian
As the Planning Commission may recall, the existing project identification freeway pylon
sign, located at the northern end of the project site, and approved by Uniform Sign'
Program No. 2007-07, will be redesigned with a fabricated aluminum pole cover with
reveals. Thefreeway pylon sign will be constructed to a total height of eighty feet (SO')
from finished grade. The sign will include a full color LED electronic readerboard with a
painted "red" border. In addition, the pylon sign will identify the outlet title, the City of Lake
Elsinore logo, and a "directfonal" description to the site. The applicant is' now proposing to
re-Iocate the described freeway pylon sign from the existing location (at the northern end of
the property) to the northern end of the of the on-site outlet center buildings (approximately
1,050 feet south of its existing location) (Exhibit "B").
ANALYSIS
The objective of a uniform sign program is to provide standards and specifications
regarding quality, composition, size and placement of signage in order to ensure
consistency throughout the Outlet Center. Moreover, the sign program would be used by
staff when reviewing the proposed signage in the Lake Elsinore Outlet Center. Finally,the
AGENDA ITEM ~_
PAGE L OFJ.L
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PLANNING COMMISSION STAFF ~EPORT
OCTOBER 7, 2008
PROJECT TITLE: AMENDMEfIIT T0 UNIFORM SIGN PROGRAM NO. 2007-07
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Sign Program will assist the landlord ~nd/or Property Management Group in selection and
approval of the proposed signage. :"! .
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The proposed amendment to th~ approved Uniform Sign Program is consistent with the
goals and objectives of Chapter 17.94 of the Lake Elsinore Municipal Code and approved
Uniform Sign Program No. 2007-07iin that it will avoid indiscriminant and substandard
assembly and location of the fnkewa'y pylon sign. Further, the approved Uniform Sign
Program No. 2007-07 will mand~te ~roper maintenance of the freeway pylon sign within
the Outlet Center. !' . ,
ENVIRONMENTAL DETERMINATION
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Staff determined that the Project is ca~egorically exempt from the California Environmental
Quality Act (CaL Pub. Res. Code !~~ 2~ 000 et seq.: "CEQA") and the CEQA Guidelines (14
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C.C.R. ~~ 15000 et seq.) pursuant tq a class 11(a) exemption for accessory structures
because the Project involves cOhstrustion of on premise signs. (14 C.C.R. ~ 15311 (a)).
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RECOMMENDATION
Approved by :
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It is recommended that the Planning Commission adopt; Resolution No. 2008-_
approving the amendment to UniformiSign Program No. 2007-07 based on the Findings,
Exhibits "A" and "B" and theproposea Conditions of Approval.
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Prepared by: Kirt At Coury
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Project Planner
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Tom Weiner, ~
Acting Dir~ctor of Community Development
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ATTACHMENTS:
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1. PLANNING COMMISSION RESOLUTION
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2. CONDITIONS OF APPROVA1ZFOR UNIFORM SIGN PROGRAM NO. 2007-07
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3. EXHIBIT 'A': LOCATIONiMAi=1
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4. EXHIBIT 'B': FREEWAY PYLON SIGN RE-LOCATION MAP
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5. EXHIBIT 'C': FEEEWAY PYLON SIGN
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AGENDA ITEM ~
PAGE3--0F~
RESOLUTION NO. 2008-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF U
LAKE ELSINORE, CALIFORNIA, MODIFYING UNIFORM SIGN.
PROGRAM NO. 2007-07
WHEREAS, Architectural Design. & Signs filed an application with the City of
Lake Elsinore requesting a modification to Uniform Sign Program No. 2007-07 for the
commercial retail development known as The Lake Elsinore Outlets, which is generally
located on the east side. of Collier Avenue approximately 600 linear-feet south of
Nichols Road. (APN's: 389-210-052, 062 & 063) (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 modifications to Uniform Sign Programs; 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 meeting held with respect to this
item on October 7,2008.
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 reviewed and analyzed the
modification of Uniform Sign Program 2007-07 according to the standards and
guidelines set forth in Lake Elsinore Municipal Code Section 17.94, and the Outlet
Center Specific Plan.
SECTION 2. The Planning Commission finds and determines that this project is
consistent with the Lake Elsinore Municipal Code and the Outlet Center Specific Plan
and that this action is .exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15311.a. Exemption for Accessory Structures.
SECTION 3. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for the modification of Uniform Sign Program No. 2007-07:
1. The project, as approved, will comply with the goals and objectives of the General
Plan, the Outlet Center Specific Plan, and the Zoning District in which the project is
located.
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The Project complies with the goals and objectives of the General Plan in that the
modification of this Sign Program will assist in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses, diversifying Lake Elsinore's economic base,
in that the proposed signage will enhance the quality of development and set a
higher standard for this "gateway" to the City of Lake Elsinore. U
AGENDA m::.: NO.
PAGE Lf
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PLANNING COMMISSION RESOLUTION 2008- .
PAGE 2 OF 4
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2. The project complies with t~e dl:lsign directives contained in Section 17.82.060 and
all other applicable provisions of the Municipal Code.
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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, thereby
creating interest and varying vistas as a person moves along the streets. Further
the project as proposed will 'complement the quality of existing development and will
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create a visually pleasing, 'non"detractive relationship between the proposed and
existing projects in that the krchitectural design, color and material and site designs
and sign placement Proposbd by the subject sign program evidence a concern for
quality and originality, in th~t the applicant has creatively included designs that will
raise the standards within the cOmmunity for on-site signage.
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3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any signifidant adverse environmental impacts.
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Pursuant to the California i Environmental Quality Act (CEQA), the Project, as
reviewed and conditioned by all applicable City Divisions and Departments and
Agencies, will not have a sigrifica,nt effect on the environment pursuant to Article 19,
Section 15311 of the CEQA Guidelines.
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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 approv,al of the subject project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
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Pursuant to LEMC Section 17:.82.070, the Project has been scheduled for
consideration and approval Of th~ Planning Commission, and has been adequately
conditioned to ensure full compl(pnce with both the Lake Elsinore Municipal Code
(LEMC) and the Outlet Center Sign Program.
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SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imppsed upon the Uniform Sign Program, the Planning
Commission hereby approves the mqdification of Uniform Sign Program No. 2007-07.
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SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
ACENDA m::,; rlO. ro
PACE S OF II
PLANNING COMMISSION RESOLUTION 2008-
PAGE 3 OF 4
ATTEST:
Tom Weiner
Acting Director of Community Development
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Axel Zanelli, Chairman
City of Lake Elsinore
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ACENDA 1m." NO.
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PLANNING COMMISSION RESOLUTION 2008-
PAGE 4 OF 4 I:!
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE.
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I, TOM WEINER, Acting lj)irec~or of Community Development of the City of Lake
Elsinore, California, hereby certifY th~t Resolution No. 2008- was adopted
by the Planning Commission of the qity of Lake Elsinore at a regular meeting held on
the 7th day of October 2008, an? that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Tom Weiner
Acting Director of Community Development
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ACENDA ITE,,1 NO. ~
PAGE I or II
CONDITIONS OF APPROVAL
UNIFORM SIGN PROGRAM NO. 2007-07
LAKE ELSINORE OUTLET CENTER
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GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim, action,
or proceeding against the City, its Officials, Officers, Employees or Agents to attach,
set aside, void, or annul an approval of the City, its advisory agencies, appeal boards,
or legislative body concerning the project attached hereto. .
UNIFORM SIGN PROGRAM NO. 2007-07
2. The decision of the Commission shall be final fifteen (15) days from the date of the
decision unless an appeal has been filed with the City Council pursuant to the
provisions of Chapter 17.80.
3. Prior to issuance of any sign permit 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.
4. The applicant shall apply for a sign permit and pay appropriate fee for any sign
installed at the project site.
5. The location, size, style, and color for all signs shall comply with the Sign Program U
(Approved herein). Any additions or revisions to the Sign Program shall require
Planning Division review and approval.
6. No portion of the proposed monument sign shall be located closer than five feet (5') to
any property line, nor be located in such a manner as to constitute a hazard to
pedestrian or vehicular traffic.
7. The approval for Sign Program No 2007-07 for the project known as The Lake
Elsinore Outlet Center shall lapse and become void one (1) year following the date on
which the Sign Program became effective, unless prior to the expiration of one year, a
building permit related to the Sign Program is issued and construction commenced and
diligently pursued toward completion. The Sign Program granted herein shall run with
the land for this one (1) year period and shall continue to be valid upon a change of
ownership of the site.
8. Any alteration or expansion of this Sign Program approval shall be reviewed according
to the provisions of Chapter 17.94 (Signs-Advertising Structures) of the Lake Elsinore
Municipal Code.
9. All exterior sign lighting shall be reviewed and approved by the Community
Development Director or designee.
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ACEr,OA rrE~~~ "~O. (p
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CONDITIONS OF APPROVAL
Page 2 of 2 (,
LAKE ELSINORE OUTLETS .1", Ii .
SIGN PROGRAM NO.2007 -07 1 .; ,
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10. The applicant shall incorbora!~ the City brand a~d logo into the proposed freeway
pylon sign. Said logo shap be'reviewed and approved by the Community Development
Director or designee. I
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11. The project shall comply with all requirements of the California Department of
Transportation (Caltrans) for advertising units and display structures.
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12. The location of the propo~ed 1D0nument sign shall be behind the City right-of-way and
shall be located to meet City sight distance requirements.
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ENGINEERING
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ACENDA nT;~;:; r~o. (p
PAGE~OF r I
VICINITY MAP
UNIFORM SIGN PROGRAM NO. 2007-07
LAKE ELSINORE OUTLET STORES
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PLANNING COMMISSION
EXHIBIT
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IBIT
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CITY OF ~ I
LAKE 6LSiI'i01Rt
'<;;..l DREAM E,X'~RE~:Ew
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REPORlj TO PLANNING COMMISSION
FROM: .
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HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
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TOM WEINER,
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ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
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OCTOBE~ 14, 2008
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A REQUEST FOR PUBLIC CONVENIENCE AND
NECESSITY FINDINGS FOR OFF-PREMISE
ALCOHOL SALES FROM A PROPOSED
CONVENIENCE STORE LOCATED WITHIN THE
VISCAYA\fILLAGE SHOPPING CENTER LOCATED
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AT 1~665LAKESHORE DRIVE, SUITE 'A' (APN: 379-
470-083). -. .
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TO:
DATE:
PROJECT TITLE:
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OWNER/APPLICANT:
TOM O'MEARA, TIMBERLINE COMMERCIAL REAL
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ESTATE.~8800 VON KARMAN AVENUE, SUITE 180
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. IRVINE, CA 92612
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Backaround and DiScussion!' .I:
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In March of 2006, the Planning Commission and City Council approved of entitlements for
the Viscaya Village Shopping Center located at 16665 Lakeshore Drive. The establishment
of several tenant spaces within the commercial center was included as part of the approval.
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The State of California Business and Professions Code mandates that off-premise alcohol
sales establishments that are located'within a census tract that is over concentrated with
similar alcohol related uses obtai~ a Public Convenience and Necessity (PCN) finding from
the local jurisdiction. According tt, ABC, the Viscaya Village Center store is located in a
census tract (No. 06065043005) y-hich contains five (5) off-premise alcohol establishment
licenses. State Department of Alcoho!,i,c Beverage Control guidelines only allows for three
(3) off-premise alcohol establishments within this census tract.
I' n '." AGENDA ITEM I
PAGELOF---5-
PLANNING COMMISSION STAFF REPORT
OCTOBER 7, 2008
PCN VISACAYA VILLAGE
Typically, the PCN findings are reflected within an approved resolution for a project
approval. However, since this type of alcohol related use (convenience store) was not
anticipated at the time the commercial center was approved, a resolution containing a
finding of Public Convenience and Necessity was never generated. In turn, in order for the
proposed convenience store to sell off-premise alcohol, a letter indicating that the local
jurisdiction has no objections based on the finding of public convenience and necessity is
warranted.
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The proposed convenience store will be independently owned and operate 8 a.m. to
midnight 7 days a week. Alcohol sales/display will take up no more than 15% of the floor
area. The shopping center site is located adjacent to residential dwellings to the west,
Lakeshore Drive to the east, a restaurant to the south, and vacant land to the north. Notice
of this request was mailed to property owners within a 300-foot radius of the property. ,
The Riverside County Sheriff Department expressed some concerns regarding this
request. Including the proximity to a residential area, lack of visibility from Lakeshore Drive,
the existence of other off-premise establishments, and the potential for the area between
the store and the residential area becoming a location where loitering could occur. Some
alternatives presented included locating the convenience store in a unit easily visible from
Lakeshore, quality surveillance equipment, and restrictions on window sign age.
Correspondence from the Lake Elsinore Chief of Police (Sheriff) is included as Attachment
2.
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Recommendation
1. Find that alcohol sales in conjunction with the proposed convenience store will serve
public convenience and necessity and direct the Acting Director of Community
Development to forward a letter to ABC indicating as such; or
2. Deny the request and find that alcohol sales in conjunction with the proposed
convenience store will not serve public convenience and necessity.
Prepared by:
Tom Weiner' . .' . ~ .
Acting Director of Community Development .
Attachments
1: Location Map
2. Correspondence from Riverside County Sheriff .
3. PCN Request from Applicant dated September 18, 2008
AGENDA ITEM J
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i VICINITY MAP
16665 LAKESHORE DRIVE
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Tom Weiner
From:
Sent:
To:
Subject:
Joseph Cleary [JClEARY@riversidesheriff.org]
Wednesday. September 24, 2008 11 :20 AM
Tom Weiner
PC&N Request - Viscaya Village Shopping Center - ABC License
Tom,
The police department still opposes a recommendation to allow a off-premise alcohol license
at the proposed location in the Viscaya Village Shopping Center. Primarily due to the
proximity to a residential area, lack of visibility from lakeshore Drive, the area between
the store and the residential area could become a secluded loitering spot, and there are
already more than enough commercial establishments in the'immediate area to accommodate the
needs of the local residents and other customers.
Should the planning commission choose to approve the licensing, some mitigation of our
concerns could be addressed by the following;
1. The convenience store occupy a pad in the other building (A, ,8, or C) that is easily
visible from lakeshore Drive.
2. The convenience store install quality surveillance video equipment covering both the'
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interior of the store and the exterior parking areas.
3. There be a restriction in the amount of widow area blocked by product, shelving, or
advertizement in order to maximize our ability to see into, the store.
Joe Cleary
Captain, Lake Elsinore Police Department
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AOEfWA ITEi,i r~o. J
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fliT. M B E R L. N E
~ COMMERCIAL HEAL ESTATE
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September 18, 2008
Mr. Tom Weiner
Planning Manager
City of Lake Elsinore i
Community Development De~ent
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130 S. Main Street '
Lake Elsinore, CA 92530
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Re: Public Convenience & Necessity (PC&N) Request
Viscaya Village Shoppfug C~nter
Nermine Aziz & Sabhi EliaS
16665 Lakeshore Driv~ Suite A
Lake Elsinore, CA . .
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Mr. Tom Weiner, I
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1 am writing this letter on behalf ofNermine Aziz and Sabhi Elias in regards to their
proposed new convenience ston\ location at the address listed above. Nennine Aziz and
Sabhi Elias are requesting a Public Convenience & Necessity (pC&N) letter for the new
location. I
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The proposed store is to be a convenience store carrying many of your daily need grocery
items. The store will also include a ct>unter for freshly made deli sandwiches, a coffee
and fountain drink station and sPecialty items such as salads, fruits and other prepackaged
meal items. Alcohol sales will not bJ more than 15% of the floor area.
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Please do not hesitate to contaci me if you have any questions regarding this issue.
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~Regards' ......,.-/)}/ ....
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Tom O'Meara
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Cc: Nermine Aziz & Sabhi Elias
Dan Leigh, Corman Leigh C~mmunities
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18800 VOD Kuman Av~.. Sllite 180. lrviDe. C..Jifoni.. 92612
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ph'19~9.~7'I.2088 . Ix. 9~9A74.1719
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AGENDA ITEI,1 NO.
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