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Home My WebLink About2009-02-24 City Council Agenda Item No 14CITY OF LAKE tt2LSII`IO DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 24, 2009 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S ACTION RELATIVE TO THE APPROVAL OF CONDITIONAL USE PERMIT NO. 2007 -18; A REQUEST TO ESTABLISH A "TACKLE & BAIT" SHOP IN CONJUNCTION WITH A CONVENIENCE STORE AS WELL AS RELATED ON -SITE IMPROVEMENTS LOCATED AT 1604 W. LAKESHORE DRIVE (APN: 375 - 350 -008 AND 039) Background On January 6, 2009, the Planning Commission, by a majority vote of four -to -zero (4 -0) with one (1) commissioner absent, approved Resolution No. 2009 -01 and Resolution No. 2009 -02 for the establishment of a "tackle and bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN: 375 - 350 -008 and 039). In addition to the project applicant, (Rodney Nielsen), six (6) members of the community gave testimony regarding the proposed "tackle and bait" shop. Of the six (6) members of the public that spoke, three (3) opposed the project, two (2) were in favor of the project, and one (1) resident was neutral. The three (3) community members that spoke in opposition to the project indicated concerns ranging from drug issues in the area and the possibility that the business would attract additional drug problems, the proposed project was in violation of City's codes and could be considered dangerous to the public, the fact that the project was located within an area that has a lot of trash, as well as the concern for pedestrian safety and traffic circulation. The two (2) members of the public that spoke in favor of the proposed project indicated that the business would operate in compliance with Riverside County Health Department requirements and that the business was good for the City, as it would generate revenue. Agenda Item No. 14 Page 1 of 51 Appeal of the Planning Commission's action relative to the approval of Conditional Use Permit No. 2007 -18; A request to establish a "tackle & bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN: 375 - 350 -008 AND 039) February 24, 2009 Page 2 of 3 The one (1) community member that was neither for nor against the project stated to the Planning Commission that his major concern was the issue of business patrons trespassing over private property to access the site. Commissioner O'Neal asked Mr. Nielsen, (the applicant), if a City representative has ever made an offer to purchase his property. Mr. Nielsen indicated to the Planning Commission that the City did make an offer sometime in the 1980's, but the transaction never went through. Acting Community Development Director Weiner indicated to the Planning Commission that staff conducted research regarding the offer, however, any information regarding the transaction could not be located. Commissioner Gonzales asked if the project was on sewer, if there were any easement rights, as well as the proposed parallel disabled parking space along Lakeshore Drive. Commissioner O'Neal then asked Deputy City Attorney Winterswyk to address any possible liabilities. Deputy City Attorney Winterswyk notified the Planning Commission that a grant of an easement always incorporates language in the document to protect the City form liability. Vice - Chairman Flores stated that he supports the project and that it could lead to additional commercial and residential projects along the lake. However, he did express concern regarding the proposed "hours of operation" for the proposed business. Chairman Zanelli thanked the applicant and the public for their attendance and stated that the project has met all City requirements, thus he supports the project. On January 21, 2009, Scott Monson, submitted to the City of Lake Elsinore's City Clerks office an "Appeal of the Planning Commission Action Form." Discussion In the "Appeal of the Planning Commission Action Form" that was filed on January 21, 2009, Scott Monson provided four (4) reasons why he is appealing the Planning Commission's action regarding the proposed "tackle and bait" shop. First, Mr. Monson stated that by approving the project, essentially the City, will be forcing business patrons to trespass across private lots, should they want to access the business from either the lake or from "Whiskers" beach to the south. Second, Mr. Monson indicated that the proposed "tackle and bait" shop does not have acceptable disabled persons access. The applicant is proposing to include one (1) disabled parking space at the front of the store and adjacent to Lakeshore Drive. It Page 2 of 3 Agenda Item No. 14 Page 2 of 51 Appeal of the Planning Commission's action relative to the approval of Conditional Use Permit No. 2007 -18; A request to establish a "tackle & bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN: 375 - 350 -008 AND 039) February 24, 2009 Page 3 of 3 should be noted that any interior tenant improvements will require full compliance with all requirements of the Americans with Disabilities Act (ADA). Third, Mr. Monson states that lot owners within the area were never notified of the January 6, 2009 Planning Commission meeting. Finally, Mr. Monson stated that the appeal is necessary in order to save the City from more lawsuits in reference to the proposed "tackle and bait" shop located at 1604 W. Lakeshore drive. The Planning Commission Staff Report and draft Meeting Minutes are attached for reference. Recommendation Either: 1) Uphold the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive; or 2) Reject the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive. Prepared By: Justin Carlson, 9c Associate Planner Approved By: Robert A. Brady, City Manager (III Attachments: 1. Vicinity map 2. Appeal of Planning Commission Action Form, (dated January 21, 2009) 3. Draft Planning Commission meeting minutes, (dated January 6, 2009) 4. Planning Commission staff report and attachments, (dated January 6, 2009) 5. Full size plans (11" x 17 ") Page 3 or 3 Agenda Item No. 14 Page 3 of 51 VICINITY MAP CITY COUNCILAPPEAL "TACKLE & BAIT" SHOP AT 1604 W. LAKESHORE DIRVE CITY COUNCIL Agenda Item No. 14 Page 4 of 51 CITY OF LADE L [eJ NVf D M EXTREME- City Clerk's O J 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 For Official Use Only Date Received: ived By: Fee Paid: APPEAL OF PLANNING COMMISSION ACTION FORM ► Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 days of a Planning Commission decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. Applicant Information Name: 1;2 0 Y�-J Date: / - 1 1 9 -0 9 Mailing Address City: /_, &— State: �� Zip Code: / ZS Phone No, Fax No.: Subject of Appeal Information Subject of Appeal: P �q ( d Project No.(s): Project Applicant: Project Location: �� w, Z,1� Date of Planning Commission Action: 1-6- I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. ff CGvS Signet ur . Aqpnri;; Item No 1 Pa e5of5 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 06, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:08 p R:11 91 c l a s] y_l 114 x H F-11 0 1 4 0 Vice - Chairman Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI ; VICE - CHAIRMAN FLORE COMMISSIONER GONZAI COMMISSIONER O'NEAL ABSENT: Also present,,,wy� ActmgCni omunity Development Director Weiner, Deputy City 1i %ice Attorney Wihterswy blic l s Directo "r Seumalo, Associate Planner Resendiz, and Office Specialist Porc`k �lha/ „F Paula Neifson. residenfi`spoke of the road conditions on Sumner, Chaney & Pottery Street and t"reet lidkt that was out on Silver Street. Public Works Director Seumalo informed Ms. Neilson that he would advise his staff of the issues to have them resolved. Dennis Fahey, resident spoke how he was disappointed to learn that City Council allowed the zone change along the lake and requested assistance from the Commission. A nda Item No. 14 Agendagltem T 6 of 51 Page 1 0 PLANNING COMMISSION APPROVES THE CONSENT CALENDAR EXCLUSIVE OF ITEM NO 1A. 1 a. Minutes for the Regular Planning Commission Meeting from December 2, 2008. Recommendation: Approve as submitted. It was moved by Vice - Chairman Flores, and seconded by Commissioner O'Neal approving the December 2, 2008 Regular Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FL( COMMISSIONER GO COMMISSIONER O't NOES: NONE ABSENT: COMMISSIONER ME ABSTAIN: NONE 1 b. Minutes for the Regular - :Planning Commissior Commissioner he found on p, also noted a regarding. CUF stating It was movi approve the ndic§fed the purpose of pulling the minutes was due to a typo 8, fift /paragraph, the Ford "resent" is spelled incorrectly. He �, ; he,,,voting results regarding item number three (3) 7 and"-'Minof- Design Review found on page 4 of 8. He in or of the project and Commissioner Gonzales voted as noted a correction to the minutes under his comments ,/ �y for the State Trooper and not as a State Trooper. `Chairman Flores and seconded by Commission O'Neal to 18, 2008 with the noted corrections. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: NONE AC �ends Item No. 14 Agenda'ltem ° 7 of 51 Page 2 Mo ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE PUBLIC HEARINGS 2. Conditional Use Permit No. 2007 -18; A request to Establish a "Tackle and Bait" Shop in coniunction with a Convenience Store as well as Related on -Site Improvements located at 1604 W. Lakeshore Drive. Recommendations: a. Adopt a resolution adopting findings that I Multiple Species Habitat Conservation PI, b. Adopt a resolution approving Conditional - establishment of a 'Tackle and Bai�� shop ii/ convenience store as well as rVgp on -s 1604 W. Lakeshore Drive based o 1 F Conditions of Approval (APN's: 375 -35 Chairman Zanelli opened the Pub] iq; at 6:1 Acting Community Development DirE to the Commission. He read into the 17 as follows: Condition No. consistent with the n' and J,se Permit 46 for the in conjunction with a to pprovements located at Exhibits i overview of the project Conditions Nos. 25 & Condition No 17 1 L ate and modify as follows; approval of Conditional Use Permit No 200 ditioned upon the City of Lake Elsinore granting to`the ' opplica 15 foot access easement across property APN 375- 1 350 037. Pnor ilding permit the applicant shall have received a valtd�nd recorded access easement from the City as the location shown on the site plan Alfprocessing, re rding;and other fees associated with the grant of easement shall be born by the appcant. Chairman Zah" jeq sted the applicant to approach the podium. Rod Neilson, app, Ijcant approached the podium. He thanked the Commission and staff for their hard work. Chairman Zanelli asked the applicant if he has read and agreed to the Conditions of Approval as amended. Rod Neilson, replied "Yes" Scott Munson, resident spoke in opposition of the project and how the project is in violation of the City's codes and could be considered dangerous to the Aenda Item No. 14 Agenda tem P-eae 8 of 51 Page 3 o provided pictures to the Commission showing signs located on the property that they were open for business and were approached by the Code Enforcement Department to remove the signs. Douglas Norfolk, resident stated his main concerns were the trespassing issues. He was neutral of the project and thanked Pat Kilroy, Manager for the Lake Department for all his help. He stated he hopes that the City could assist with the issue. Paula Neilson, resident spoke in opposition of the project,and, spoke of the issues regarding possible drug problems in the area, and is concerned that this business would attract more. „ . Shawn Franco, resident spoke in opposition of the project. Hb,stated his concerns with the property and business owners in,- =the area and' questioned if an environmental study has been conducted. He'pointed out that the project is located within an area has a large amount of trash, stated he has concerns with the safety and traffic. . Brandy Stone, relative of the applicant they called the Health Departmerijgtp d She was told by the Health Depar rw, ei feet of food or snack without a buglnE Enforcement Department did approach submitted to the officer for verification by the Riverside Sherriff`s'Department license. She, stated she has sinc Enforcement Department who advised She indicated that they st pped; „tilling Acting Comrnuq'ity Develo,�ment Direct submitted "plans ;She expressed to the and have keen. an spoke in favor of the project. She indicated :termine what could be sold at the location. t that they could ; sell -ten (10) cubic square s license She stated that the City's Code hem and�� t hic/h the business license was She indical ffP4 at she was also approached uho also vekied the validity of the business been approached by the City's Code the applicant that they could not sell food. thePfood and have been in contact with the einer &Associate Planner Carlson and Commission that they were not trying to be unt including sales tax and CRV collected. Acting °Cpmmunity Deve'lopmeht Director Weiner indicated that the location has a business :license for office use and an application has been submitted for a convenience store. He indicated that approval of the business license for the convenience' 'sstere is oendina. Scott Munson, J,`dsident stated that he called the Police Department in order to approach the property and take pictures of the signs without any trouble from the owners. He indicated he requested a police report to be filed of vending on the beach without any license. Richard Knapp, residence spoke in favor of the project. He stated for the record that at one time the project was once a floating gas station and restaurant. He indicated stated that he felt it would be good for the City as it would generate revenue. A enda Item No. 14 Agenda ° ^ ^^ g of 51 Page 4 Md Commissioner O'Neal requested the applicant to approach the podium and respond to the comments. Rodney Neilson, applicant explained to the Commission the timeline of the project. Commissioner O'Neal asked if a City representative has ever made an offer to purchase his property. Rodney Neilson indicated that the City did make an offer sometime in the 1980's; however the offer did not go through. Acting Community Development Director Weiner background on the offer, however could not locate ar Chairman Zanelli closed the Public Hearing back to the dais for Commissioner's comme Commissioner O'Neal spoke of an article writte Enterprise that states that the Planning Commis"si with lake front property owners and gave the area some residential development He stated that Commission the more his is aware of individual pi Commissioner Gonzales spoke of when the prbp station. He pointed out that the Commission is t Enforcement issues He asked the applicant if septic. a he researched the and bf ht the discussion ron Burgin \t fh the Press Tally agreed to compromise (nation that would allow for re time he serves on the wner's rights. erved as a restaurant and gas iew the projects and not Code property was on by sewer or Acting Community Deuelop,nenD„ „rector Weiner indicated it was on sewer. er Gonzales spoke of the easement rights and handicap parallel parking He indr'ated th' he would like to see it come back as a restaurant or tea„ as it was 1,611he pa” , Commissioner O'Neal uested Deputy City Attorney Winterswyk to address the liability issues j y Deputy City Attorri�Winterswyk stated with the grant of easement the City always incorporates language in the document to protect the City from liability. Vice Chairman Flores spoke of the project and how the applicant desires to get the project approved. He stated this project could be the foundation for additional commercial and residential projects along the lake. He stated that he supports the project however indicated that he has some concerns with the hours of operation, Chairman Zanelli spoke of the speed limit in the area which is a traffic enforcement issue. He addressed the issue of traffic and possible contamination of the lake and wildlife. He indicated that regardless if this business should be approvekig r g No. 14 Agenda tearr��0 of 51 g traffic would increase due to increased population in the community. He expressed to the Commission that there is bait and tackle shop and liquor store less than 50 yards from the proposed site. He stated to the applicant and public that he appreciates the attendance; however the applicant has met the City's requirements and therefore would support the project. It was motioned by Vice - Chairman Flores and second by Commissioner O'Neal to adopt Resolution No. 2009 -01, adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FU COMMISSIONER GC COMMISSSIONER 0 NOES: NONE ABSENT: Comm] ABSTAIN: NONE It was motioned by Vice - Chairman to adopt Resolution No. 2009 -02, s The following AYES: NER M by Commissioner Gonzales Use Permit No. 2007 -18. GONZALES R O'NEAL :, BUSINESS ITEMS None NONE e►_C KNOW AgenAgenda Item No. 14 Pa 1 �1 of 51 STAFF COMMENTS Public Works Director Seumalo commented on the following: • He spoke of the road improvement requests and would advise his staff and would continue to monitor the condition of Dexter Road. Acting Community Development Director Weiner commented on the following: • He spoke of the item that are tentative scheduled for the gpuary 20 Planning Commission meeting. • He spoke of the City's new Web site and thanked staff,, their hard work on achieving a great Web site.f,, Deputy City Attorney Winterswyk commented • She reminded the Commission of the completed. Office Specialist Porche comme • She reminded the Commission to Commissioner • He addressed an "/a Elsinore which was • No on the fol on Mun course that.:ineeds to be for updating. published "in G.Q. Magazine that spoke of Lake sident; "of Lake Elsinore ant the article was not on the following: mented on the following: • He wished a Happy New Year. Chairman Zanelli commented on the following: • He spoke to the public that should anyone wish to file an appeal they may do so within 15 days from the date of the decision. Agenda Item No. 14 Agenda -lte 2 of 51 Page 7 of 8 ADJOURNMENT It was the consensus of the Commission to adjourn to the January 20, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Zanelli adjourned the meeting at 7:15 p.m. AXEL ZANELLI�CHAIRMP PLAN NING =:COMMISSION Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY Agendmteda Item No. 14 Pa g�3 of 51 CITY OF i1� LADE LSIIYORE 1\ ` DREAM EXTREME REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 6, 2008 SUBJECT: CONDITIONAL USE PERMIT NO. 2007-18; A REQUEST TO ESTABLISH A "TACKLE AND BAIT" SHOP IN CONJUNCTION WITH A CONVENIENCE STORE AS WELL AS RELATED ON -SITE IMPROVEMENTS LOCATED AT 1604 W. LAKESHORE DRIVE (APN: 375 - 350 -008 AND 039) APPLICANT: RODNEYA. NIELSEN: 1604 W. LAKESHORE DRIVE, LAKE ELSINORE, CA 92530 OWNER: RODNEY A. & ELAINE E. NIELSEN: 23458 MOCCASIN CIRCLE, CANYON LAKE, CA 92587 Project Request The applicant is requesting consideration for a Conditional Use Permit (CUP No. 2007 -18) to establish a "Tackle and Bait" Shop in conjunction with a convenience store as well as related on -site improvements. Project review is pursuant to Chapter 17.44 (C -1; Neighborhood Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.74 (Conditional Use Permits), Chapter 17.38 (Non - Residential Development Standards), Chapter 17.82 (Design Review), Chapter 17.36 (Recreation); and Chapter 17.05 (Lakeshore Overlay District). Project Location & Siting The proposed project is located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039). APN: 375 - 350 -039 has a split- Zoning designation of Neighborhood Commercial (C -1) and Recreation (R) and APN: 375 - 350 -008 has a Zoning designation of Recreation (R). Both APN'S have a current General Plan Land Use designation of Future Specific Plan I (Lake Edge) and are within the Lakeshore Overlay District. Agenda Item No. 14 Page 14 of 51 Conditional Use Permit N0. 2007 -18 January 6, 2009 Page 2 of 8 The two (2) existing lots are grade level at Lakeshore Drive and slope downward to the lake. The existing two (2) story building fronts and is setback approximately thirty -four feet (34') from Lakeshore Drive. The applicant is proposing to incorporate one (1) disabled parking space at the front of the building along Lakeshore Drive and four (4) parking spaces at the rear of the building. Access to the four (4) rear parking spaces will be taken via a driveway at the southern portion of the lot, adjacent to the existing building, which receives its access via a driveway on Lakeshore Drive and circulates around to the rear of the building. Although the General Plan Land Use designation of Future Specific Plan I (Lake Edge) does not indicate a minimum floor - area -ratio (FAR) requirement, staff analyzed the FAR against the Neighborhood Commercial (NC) land use designation's FAR, which is the most similar General Plan Land Use designation to Future Specific Plan I (Lake Edge). Currently NC requires that the maximum FAR is no more that thirty- percent (30 %). The existing building located at 1604 W. Lakeshore Drive has a FAR of approximately twenty -nine percent (29 %). Furthermore, the applicant is not proposing to increase the square- footage of the existing building. Setting r_ Orr 710 1 Project Site IS � Commercial . �Z�O I (� C -1 (Neighborhood Commercial)/(R) Recreation GLU ' m Specific Plan "I" Lake Edge North Vacant C -O Commercial Office Commercial Office South Lake Lake Lake East Vacant C -1 (Neighborhood Commercial)/( R Recreation Specific Plan "I" Lake Edge West Vacant C -1 (Neighborhood Commercial) /(R) Recreation Specific Plan "I" (Lake Edge Project Background On April 1, 2008, the project was brought before the Planning Commission. In an effort to ascertain additional information concerning business licensing, the background of the project, and the immediate area, the Planning Commission continued the item. On July 1, 2008, the applicant submitted a letter to the Planning Commission requesting that the item be re- scheduled to the July 15, 2008 regularly scheduled Planning Commission meeting. The request for hearing continuance was approved in orderto allow the applicant additional time to gather the necessary project information that he would like to present to the Planning Commission as an attachment to the staff renort. Agenda Item No. 14 Page 15 of 51 Conditional Use Permit NO. 2007 -18 January 6, 2009 Page 3 of 8 During the continuance discussion on July 1, 2008, Mr. Scott Munson approached the dais to speak about the proposed project. Mr. Munson notified the Planning Commission that he was in opposition of the proposed project. He indicated that the location of the store would cause safety concerns and recommended that the Planning Commission deny the project when it was to be heard at the rescheduled date of July 15, 2008. He also notified the Planning Commission that he had a "Petition to Deny" in opposition to the project that was signed by members of the community (see attachment 6). On July 15, 2008, the Planning Commission heard staffs presentation as well as testimony from the applicant and members of the public. After hearing the testimony, reviewing the staff report, and discussing the item as a body, the Planning Commission voted five -to -zero (5 -0) to deny the request for the establishment of the proposed "tackle and bait shop" as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375- 350- 008/039). Since the time the project was denied by the Planning Commission on July 15, 2008. Staff has had two (2) conversations with Mr. Scott Munson concerning the proposed project. In early December, 2008, Mr. Munson came to the Planning Counter and notified staff that the applicant was selling "product" without the appropriate business license and /or entitlements. He also notified staff that he is still against the project and that he will be attending the hearing on January 6, 2008. On December 22, 2008 staff received a phone call from Mr. Munson speaking in opposition of the project. He voiced his concerns regarding the applicant operating without the appropriate approvals and is concerned regarding site accessibility. He stated that he is concerned with liability the City may have to incur in that customers will have to traverse the City lots on either side of the subject lot, in order to patronize the business. He stated to staff that he does not believe that the City should incur this liability for one (1) business. After further discussion, he notified staff that he will be in attendance at the January 6, 2008 Planning Commission meeting to voice his opposition. Prior Denial Discussion As mentioned above, the Planning Commission voted five -to -zero (5 -0) to deny the request for the establishment of the "tackle and bait" shop, due to the fact that the project did not meet the minimum requirements as outlined in the LEMC. LEMC deficiencies were as follows: The applicant was proposing all employee and patron parking at the front of the property along Lakeshore Drive. By placing employee and patron parking at the front of the building along Lakeshore Drive instead of at the rear created two (2) issues; once motorists were parked at the stalls, there would be no wav for them Agenda Item No. 14 Page 16 of 51 Conditional Use Permit N0. 2007 -18 January 6, 2009 Page 4 of 8 to turn their vehicles around to exit the site in a forward direction; thus forcing them to back out from the business directly onto flowing traffic on Lakeshore Drive. Given the speed of free - flowing traffic on Lakeshore Drive, motorists backing out of the business, and the fact that there is not a stop light or sign, the Planning Commission felt that this could have a negative impact on proper and safe vehicular circulation for patrons using the business as well as those traveling on Lakeshore Drive. Also, Section 17.66.080(b) (Circulation and Parking Space Layout) of the LEMC elaborates on vehicles backing onto public right -of -ways as follows: "For all uses other than one - family and two - family dwellings located in residential districts, parking shall be arranged so as to permit vehicles to move out of the parking area without backing onto a street." The applicant submitted a redesigned site plan so that all parking, except one (1) disabled parking space, is located at the rear of the building. Employees and patrons will now enter, (via Lakeshore drive), the drive aisle at the southern portion of the lot and circulate to the rear of the building. The one (1) disabled parking space at the front is designed so that a patron pulls off of Lakeshore drive, makes a right -hand turn, and parks parallel to Lakeshore Drive. To exit the disabled parking space, the patron will back out onto the driveway, thus allowing the driver to exit in a forward direction onto Lakeshore Drive. By redesigning the onsite parking and circulation, the applicant now meets the requirements of Section 17.66.080(b) listed above The proposed employee and patron parking area at the front of the building was going to encroach approximately fifteen -feet (15') into the required dedication area for the ultimate width of one - hundred twenty feet (120') that is required by the City's current General Plan Circulation Element for Lakeshore Drive. Through negotiations, the City's Engineering Division has agreed to allow the applicant to obtain a fifteen -foot (15') access easement for the fifteen -foot (15') dedication area along Lakeshore Drive (final approval of this easement will require City Council review). The applicant will be allowed to utilize the easement until such time that the City conducts road widening operations, to meet the one - hundred twenty foot (120') width as required by the City's current General Plan Circulation Element for Lakeshore Drive. At such time that the road improvements are installed, the applicant will then be required to relocate the one (1) disabled parking space to the back of the building as well as make all necessary parking space and building modifications to meet all minimum Americans with Disabilities Act (ADA) requirements. The applicant was proposing to utilize the approximate existing fifteen -foot (15') wide two (2) way drive -aisle along the southern portion of the lot for deliveries to Agenda Item No. 14 Page 17 of 51 Conditional Use Permit N0. 2007 -18 January 6, 2009 Page 5 of 8 the business. According to the previous Site Plan, delivery vehicles were proposed to use the two (2) way drive aisle to access the existing concrete area at the rear of the building to load /unload goods and merchandise. After a thorough analysis of the proposed delivery route of the business, staff identified two (2) areas of concern regarding the existing two (2) way drive - aisle. First, staff felt that the existing fifteen -foot (15') drive -aisle does not have enough width to accommodate two (2) ingressing /egressing vehicles at any one time. Without the ability for vehicles to ingress /egress simultaneously, staff could not ensure that vehicles entering the driveway would not become "backed up" within the drive -aisle and at Lakeshore Drive; thus impeding free - flowing circulation along Lakeshore Drive. Second, Section 17.66.040(A) (Size of parking spaces and required aisle width) requires that all two (2) way drive - aisles within Commercial Districts have a minimum width of twenty -six feet (26'). In other words, the current two (2) way drive -aisle is deficient by approximately eleven feet (11') as mandated by the LEMC for two (2) way drive- aisles within Commercial Districts. Previously, it was impossible for the applicant to meet these requirements listed above; however, the City owns the lot directly adjacent and south of the subject lot at 1604 W. Lakeshore Drive. Staff identified a fifteen -foot (15') access easement that could be used by the applicant. If the easement is ultimately granted, the applicant will be responsible for paving and making all necessary improvements to provide adequate on -site ingress /egress. With the applicant's existing fifteen -foot (15') drive -aisle and the potential fifteen -foot (15') access easement that has been identified, the applicant will now be able meet and exceed the required minimum twenty -six foot (26') two -way drive -aisle requirement as mandated by the LEMC. Furthermore, delivery vehicles, employees, and patrons will now be permitted to ingress /egress the site freely while greatly reducing the possibility of automobile congestion on -site or on Lakeshore Drive. Prior Entitlements In conducting a thorough analysis concerning the proposed project site located at 1604 W. Lakeshore (APN'S: 375 - 350 - 008/039), staff could not find any prior entitlements and /or land use records from the City and County of Riverside regarding the project site. Business Operational Plan The proposed operation located at 1604 W. Lakeshore Drive will aim to attract lake enthusiasts, who wish to purchase food and beverages, fishing equipment and Agenda Item No. 14 Page 18 of 51 Conditional Use Permit N0. 2007 -18 January 6, 2009 Page 6 of 8 accessories, as well as other miscellaneous items. The store patrons will include vehicular traffic as well as individuals visiting the beach and lake. The applicant estimates that the hours of operation will be approximately 8 a.m. to 6 p.m. seven (7) days a week. The applicant indicates that these operational times will vary depending on the time and season of the year. Depending upon the need, there will be one (1) to two (2) employees required to work the operation (see attachment 7). Floor Plan As indicated above, the existing building is comprised of two (2) stories, which include an upper level (street grade level along Lakeshore Drive) and a lower level. The upper level will include existing retail area, a mop sink, a staircase (which provide access to the lower level), and one (1) unisex bathroom. The lower level will include a staircase (which provides access to the upper level), a storage area, existing office space, and two (2) trash container areas. It should be noted that staff has added two (2) conditions of approval concerning the "Tackle and Bait" shop's floor plan. The first (1 condition states that the applicant shall provide the Planning Division with a floor plan that reflects the "tackle and bait" shop's operational layout, prior to the issuance of a building permit. The second (2 "d ) condition states that the applicant shall submit a revised floor plan, which indicates that the proposed trash container areas are large enough to accommodate the City's minimum size requirement of three (3) cubic -yard containers. Architecture The existing two (2) story building incorporates architecture consistent with a residential use, with no apparent or indicated traditional architectural style. The front (northeast) elevation includes one (1) single -entry door, two (2) windows with divided "lites" on either side of the front -entry door, two (2) wall mounted lights, stucco, and a composition asphalt - shingle roof. The rear (southwest) elevation includes two (2) rear -entry doors, approximately seven windows with divided "lites ", two (2) wall- mounted lights, one (1) motion alarm, stucco, a concrete slab roof on the exposed deck, and a composition asphalt - shingle roof. The right (northwest) elevation includes one (1) window with divided "lites ", stucco, and a gable roof. The left (southeast) elevation includes a "crawl space" access door, stucco, two (2) access doors, and a gable roof. Landscaping The applicant is proposing to incorporate landscaping around the building, along the northern portion of the lot, and at the rear of the parking lot. Landscaping at the northern Agenda Item No. 14 Page 19 of 51 Conditional Use Permit NO. 2007-18 January 6, 2009 Page 7 of 8 portion of the lot will include two (2) twenty -four inch (24 ") box trees (Hybrid Plum and Evergreen Pear), fifteen (15) five (5) gallon "Tobira" shrubs and fourteen (14) one (1) gallon "Daylilly" shrubs. The parking at the rear of the parking lot will include eighteen (18) five (5) gallon "Tobira" shrubs, twenty -two (22) one (1) gallon "Daylilly" shrubs, and "Yellow Gazania" groundcover. The proposed landscaping around the building will include fourteen (14) five (5) gallon "Tobira" shrubs, nineteen (19) one (1) gallon "Daylilly" shrubs, and "Yellow Gazania" groundcover. The applicant is proposing to install an automatic irrigation system and rain sensor, which will assist in the conservation of water. Also, the applicant is proposing to install one twenty -four inch (24 ") box street tree for every thirty -feet (30') of street frontage. Environmental Determination Staff determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), specifically pursuant to Section 15301 (a) (Existing Facilities). The Project involves only minor modifications to the interior and exterior of the existing building as well as to the existing two (2) way driveway and parking lot. Furthermore, none of the exceptions to this Class 1 exemption, as identified in Section 15300.2, apply to the Project. Recommendation a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and. b. Adopt a resolution approving Conditional Use Permit No. 2007 -18 for the establishment of a "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039), based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Justin Carlson Associate Planner Approved By: Tom Weiner Acting Director of Community Development Agenda Item No. 14 Page 20 of 51 Conditional Use Permit NO. 2007-18 January 6, 2009 Page 8 of 8 Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment of the Conditions of Approval 6. "Petition to Deny ", Received July 1, 2008 7. Business Operation Plan, Received June 10, 2008 8. Site Plan (8'/z' X 11 ") 9. Floor Plan (8 Y2' X 11") 10. Elevations (8'/2' X 11 ") 11. Full Size Plans Agenda Item No. 14 Page 21 of 51 VICINITY MAP CONDITIONAL USE PERMIT NO. 2007 -18 Agenda Item No. 14 Page 22 of 51 PLANNING COMMISSION RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTINGS FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Rodney A. Nielsen, submitted an application for a Conditional Use Permit to establish a "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375- 350- 008/039) (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.74 requests for the consideration of a Conditional Use Permit for the proposed "Tackle and Bait" shop are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and /or the City Council; and WHEREAS, public notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on January 6, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within an MSHCP Criteria Cell. Based upon the site Agenda Item No. 14 Page 23 of 51 PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 2 OF 4 reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The Project site is fully developed and no habitat is present on site. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is located within a Critical Species Survey Area for Burrowing Owl. However, the site is fully developed and all on -site improvements are incorporated. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. Agenda Item No. 14 Page 24 of 51 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE3OF4 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the Planning Commission hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption; PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 6 n day of January, 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 14 Page 25 of 51 PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Tom Weiner, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of January 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Item No. 14 Page 26 of 51 RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -18 WHEREAS, Rodney A. Nielsen, submitted an application for a Conditional Use Permit (the "CUP ") to establish a "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039) (the "Project "); and WHEREAS, the lot identifiable as APN 375 - 350 -039 has a split Zoning designation of Neighborhood Commercial (NC) and Recreation (R) and the lot identifiable as APN: 375 - 350 -008 has a Zoning designation of Recreation (R). Both lots have a current General Plan Land Use designation of Future Specific Plan I (Lake Edge) and are within the Lakeshore Overlay District; and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on January 6, 2009 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -18 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2007 -18 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines') pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the CUP involves negligible or no expansion of an existing use because the CUP involves only minor modifications to the exterior and interior of the existing building as well as to the existing two (2) way driveway and parking lot. In addition to the minor on -site modifications, Conditional Use Permit No. 2007 -18 is requested in order to establish a Agenda Item No. 14 Page 27 of 51 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE2OF4 "Tackle and Bait" shop in conjunction with a convenience store located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039). SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2008 -26: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding industrial development or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is for the establishment of a `Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 0081039). The proposed `Tackle and Bait' shop has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code and will compliment the existing uses, based on the submitted plans and attached conditions of approval. 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. Establishment of the proposed `Tackle and Bait" shop in conjunction with a convenience store located at 1604 W. Lakeshore Drive (APN'S: 375 -350- 0081039) has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has analyzed the proposed parking for the site against Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code Agenda Item No. 14 Page 28 of 51 PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 3 OF 4 (LEMC) and based on the submitted plans and the attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.66 of the LEMC. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The CUP has been reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the proposed `Tackle and Bait' shop use has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on January 6, 2009. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2007 -18. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a re g qular meeting of the Planning Commission of the City of Lake Elsinore, California, this 6 h day of January, 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 14 Page 29 of 51 PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008 -105 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of January 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Item No. 14 Page 30 of 51 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -18; A REQUEST TO ESTABLISH A "TACKLE AND BAIT' SHOP IN CONJUNCTION WITH A CONVENIENCE STORE AS WELL AS RELATED ON -SITE IMPROVEMENTS LOCATED AT 1604 W. LAKESHORE DRIVE (APN'S: 375 - 350 -008 AND 039) PLANNING DIVISION GENERAL CONDITIONS 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 Conditional Use Permit No. 2007 -18 for the proposed "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039) project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall comply with any /all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district: Agenda Item No. 14 Page 31 of 51 8. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. The applicant may request a time extension from the Director of Community Development if the permit has not been issued within the one (1) year expiration date. 9. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 10. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 11. 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 building permit. 12. Any proposed parking lot lighting shall be shielded so as to prevent any "spillage" onto adjacent properties. 13. Any proposed signs must comply with all sections of Chapter 17.94 (Signs - Advertising Structures). 14. Conditional Use Permit No. 2007 -18 does not include the sales of alcohol. There shall not be, at any time, the sale of alcohol for either on -site or off -site consumption at the proposed "Tackle & Bait" shop located at 1604 W. Lakeshore Drive. 15. The applicant shall plant one (1) twenty -four inch (24 ") box street tree for every thirty (30) linear -feet of street frontage. The tree species shall be selected from the City approved street tree list. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 16. The applicant shall pay any /all applicable fees as determined by the City of Lake Elsinore Building and Safety Division, prior to the issuance of a building permit. 17. Prior to the issuance of a building permit, the applicant shall receive City Council approval of the proposed fifteen -foot (15') access easement, directly south and adjacent to the southern property line. Agenda Item No. 14 Page 32 of 51 18. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that one (1) additional parking space had been incorporated. The one (1) additional parking space shall meet minimum size requirements as mandated in Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code. 19. Prior to the issuance of a building permit, the applicant shall submit a revised floor plan that reflects the layout of the proposed business. 20. Prior to the issuance of a building permit, the applicant shall submit a revised floor plan which indicates that the proposed trash container areas are large enough to accommodate the City's minimum size requirement of three (3) cubic -yard containers. CITY OF LAKE ELSINORE ENGINEERING DIVISION 21. The applicant shall obtain an encroachment permit for any work performed in the public right of way. 22. The applicant shall dedicate to the City a fifteen -foot (15') road right -of -way on Lakeshore Drive. 23. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) if applicable, shall be paid prior to issuance of a building permit. 24. The project shall provide an asphalt concrete (ac) curb to separate the handicap parking and road shoulder. In addition, an ac transition shall be provided on Lakeshore Drive, before and after the driveway entrance. A detailed improvement plan that shows the driveway improvements and ac transitions shall be submitted and approved by the City Engineer. 25. The applicant shall obtain a fifteen -foot (15') access easement from the City. The applicant shall be responsible for all the cost of processing and /or obtaining this easement. 26. The project's landscaping adjacent to the parking lot and driveway terminus, shall be designed to intercept runoff and also landscaped for water quality benefit. 27. The applicant shall provide signing and striping for traffic entering and exiting the site and for on -site parking and circulation. 28. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the lake and /or the city's storm drain system. Agenda Item No. 14 Page 33 of 51 29. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Incorporated for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 30. ROOFING MATERIAL- All buildings shall be constructed with class B roofing materials as per the California Building Code. 31. BLUE DOT REFELECTOR- Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 32. MINIMUM REQUIRED FIRE FLOW- Minimum required fire flow shall be 1500 GPM for a 2 hour duration at 20 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. 33. SUPER FIRE HYDRANT- The average spacing between super fire hydrant(s) are (6" x 4" x 2 'Yz "x 2 Yz ") and shall be not exceed 500 feet between hydrants. They shall also have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 34. RAPID ENTRY BOX- Rapid entry key storage cabinet shall be installed outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation 35. CAMPFIRE RINGS- Campfires will only be allowed in stoves and fire rings which must be in a location approved by the Lake Elsinore Fire Chief. 36. WATER PLANS- 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." 37. FUEL MODIFICATION- The applicant or developer shall prepare and submit to the Fire Department for approval of a fire protection /vegetation management that Agenda Item No. 14 Page 34 of 51 should include but not limited to the following items: a) fuel modification to reduce fire loading. b) appropriate fire breaks according to fuel load, slope of terrain. c) non flammable wall along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet. e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. 38. BLDG PLAN CHECK FEE- A Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. 39. WATER CERTIFICATION- 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 1500 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. 40. WATER PLANS- 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 design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL INSPECTION 41. FIRE LANES- 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. 42. SUPER FH /FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 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. The average spacing between Super fire hydrant (s) (6" x 4" x 2 Yz" x 2 Y2 ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. Agenda Item No. 14 Page 35 of 51 43. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 1013C 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. 44. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown 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 fire alarm must be submitted for connection) 45. TITLE 19- Comply with Title 19 of the California Administrative Code. Agenda Item No. 14 Page 36 of 51 CITY OF LADE � LSIIIOR�P DREAM EXTREME. Notice of Exemption Filed With: ❑ Office of Planning and Research ❑O County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Conditional Use Permit No. 2007 -18; A request to establish a "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375- 350- 008/039). Project Location (Specific): The proposed project site is located at 1604 W. Lakeshore Drive (APN'S: 375 -350- 008/039). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: Conditional Use Permit No. 2008 -26: The applicant is requesting approval of a Conditional Use Permit in order to establish a "Tackle and Bait" shop in conjunction with a convenience store as well as related on -site improvements located at 1604 W. Lakeshore Drive (APN'S: 375 - 350 - 008/039). Project review is pursuant to Chapter 17.44 (C -1; Neighborhood Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.74 (Conditional Use Permits), Chapter 17.38 (Non - Residential Development Standards), Chapter 17.82 (Design Review), Chapter 17.36 (Recreation); and Chapter 17.05 (Lakeshore Overlay District). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, City of Lake Elsinore Exempt Status: • Ministerial (Section 15073) • Declared Emergency (Section 15071 (a)) • Emergency Project (Section 15071 (b) and (c)) • Categorical Exemption (state type and section number): Class 1(a) (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: Justin Carlson, Associate Planner Telephone Number: (951) 674 -3124 x 295 Signed: Tom Weiner Title: Acting Director of CommuAihddelfl1henWb10 Page 37 of 51 CITY OF LSI1` 00,E DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: CONDITIONAL USE PERMIT NO. 2007 -18; A REQUEST TO ESTABLISH A "TACKLE AND BAIT" SHOP IN CONJUNCTION WITH A CONVENIENCE STORE AS WELL AS RELATED ON -SITE IMPROVEMENTS LOCATED AT 1604 W. LAKESHORE DRIVE (APN: 375- 350 -008 AND 039) I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. 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. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Signature: Print Name: Address: Phone Number: Agenda Item No. 14 Page 38 of 51 Petition to Deny Permit April 01, 2008 City of Lake Elsinore Planning Dept. We, the undersigned would like to petition against the applicant Randy Nielson permit #2007 -18 2008 -06. Project Tackle & Bait Shop conjunction with a convenience store located at 1604 W. Lakeshore Dr. Lake Elsinore, Ca. 92530. For the following reasons; 1. The speed limit on Lakeshore Dr. is 40 mph. However, the speed traveled on Us road is closer to 45- 50mph. The location of this proposed project would cause a lot of unsafe traffic build up on a heavily traveled artery of Lake Elsinore. 2. All the traffic on the lakeside of the street is bound to contaminate our beautiful lake and all of its wildlife. 3. The public parking is also not large enough to accommodate large volumes of parking. 4. Our final point is the obvious, there is a Bait & Tackle/Liquor store less than 50 yards from this proposed site. Please consider these points and deny the request for a commercial City permit for the aforementioned party. JUL 1- 2008 CITY OF, Q&hW .94 Page 39 of 51 Addm Phoney: Addv Phoney: Sigua uie: a Name: Address: Phone#: Agenda Item No. 14 Page 40 of 51 Name'',: Address: Phoney: f % o /1 — Namjg: Address: PhOUeW. 4.2 tuTe: V Name: Address: Phoneff. Na Address: - J-- Signature: I I vvl Name, Address. ewc? r% A Ir e7 a,--4 Phone#: Agenda Item No. 14 Page 41 of 51 3 3 Re: i Address: Phone #: I 1\ 4 v ry ,4 K-SeV _ Address: 03 - 3 (- �O Phone#: 0 Agenda Item No. 14 Page 42 of 51 Name: 3 Address: Phone#: Namr i Address: Phone#: Name: Address: Phone#: Signature: Name: I Address: Phone#: Signature: Name: Address: Phone#: � O s� ! bAAb+ ( L Signature: Name: Address: Phone#: Signature: 0V5VO S/ Name: Address: Phone#: Signature Nam: dd l R l l s' Phone#: Signature: Agenda Item No. 14 Page 43 of 51 Name: Address: Phone#: Signature: t? A-rg Name: Phene.#: rnone#: Signature: Name: f Address: Phone#: Signatur Name: Address: Phone#: �t^�iCldl Gv1ie�� - Signature: Na Address: Phone#: Agenda Item No. 14 Page 44 of 51 Name: AdnreSR: Signature: Address: Address: Phone#: Phope#: 1 � t Agenda Item No. 14 Page 45 of 51 Sigoattire: Agenda Item No. 14 Page 46 of 51 Address: ' Name: I I i Address: Phone#: Phonek Nawc: Address- Phone#: Na u Ad dress: Signatur Name* Address: (culd >CALJ-e4L 5 0% e * Phonefi: Agenda Item No. 14 Page 47 of 51 Phone#:� Signature: Name; Address: a Signature: Address: I/ Name: Addre: J / Signature: Address: Phone#: -, Q 70dy� Phone#" Phone#: Phone#: Agenda Item No. 14 Page 48 of 51 Name: �U"x�. Hours of Operation and Employees, Bait, Tackle and Snack Shop 1604 West Lakeshore Drive. Lake Elsinore At times there are many people fishing all along Lake Elsinore. From our location on the Lakeshore, we are located about in the middle of this part of the Lakeshore that is a great place to fish. As long as we are located on the lake next to this fishing spot and a large group of Anglers and a lot of people that would love to fish, if only they could buy or rent Fishing Equipment. Where can they do this? We recognized a need for a Real Bait, Tackle and Snack Shop. We have the property that can provide this need. Our hours will be Sam to 6pm, Mays a week to start. Hours, adjusted as to the needs of the customers at Lakeshore and the Time and Season of the year. There will be one person or two people if more than one person is needed working this operation. P.S. The Customers that we plan to provide our services to are, already parked and walking. Thank you, Rod Nielsen Bait and Tackle and Snack Shop 6 -9 -08 JUN 10 2008 BYi +r-N@- 14 Page 49 of 51 _w•e.m —ew m) bam -�s: •v wr�ia=w mSiyUwaerosu3u�yuy 'auk Nb Id J 2N NV�d 3115 M3N b pEFO5E5LE NdV VINa'0.JI'IV'J'3ilONl5l3 3a1V'1 3A1aa 3tlR5]NV115� 4091 331015 3�N31N3/sVO� 13'd?d12iV9 M' sp � . o • a ! 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