HomeMy WebLinkAboutCity Council Item No. 13CITY OF
LADE LSIIYOP.,,,E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 14, 2009
SUBJECT: MITIGATED NEGATIVE DECLARTION NO. 2008 -10, GENERAL PLAN
AMENDMENT NO. 2008 -01, ZONE CHANGE NO. 2008 -02, AND
COMMERCIAL DESIGN REVIEW NO. 2008 -09 FOR A PROJECT
IDENTIFIED AS `LAKE STREET MARKET PLACE'
Background
On January 20, 2009, the Planning Commission considered a commercial project
identified as the "Lake Street Market Place ". After receiving testimony from staff, the
applicant and the public, a majority of the Planning Commission voted to recommend
that the City Council approve Mitigated Negative Declaration 2008 -10, General Plan
Amendment No. 2008 -01, Zone Change No. 2008 -02 and Commercial Design Review
No. 2008 -09. Furthermore, a majority of the Planning Commission voted to approve
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01, and Uniform Sign Program
No. 2008 -02.
Just prior to the commencement of the Planning Commission meeting, staff received
letters and telephone calls from nearby residents expressing concerns and opposition to
the proposed project. Opponents of the project expressed concerns with the location
(specifically allowing a commercial project within a residential area), construction
(grading and truck hauling /movement), vehicular access, circulation, traffic (vehicular
and pedestrian), and the potential of gang activity at the future shopping center.
Following the Planning Commission meeting, the applicant, along with staff, coordinated
and conducted two (2) neighborhood meetings. One meeting was held on February 26,
2009 (a weekday evening from 7:00pm to 9:00pm) and the other meeting was
conducted on March 7, 2009 (a weekend afternoon from 1:00pm to 3:00pm).
Approximately thirty (30) to forty (40) people attended each of the meetings
respectively. Many of the previously mentioned concerns were expressed and
discussed at the identified meetings. Some of the attendees at the neighborhood
meetings also expressed satisfaction with the proposed project and were pleased to see
a potential neighborhood commercial project proposed in the area (see attachment #9,
letters in opposition and in favor of the project).
Agenda Item No. 13
Page 1 of 86
Lake Street Market Place
April 14, 2009
Page 2 of 2
Discussion
The Planning Commission heard the staff report and took testimony from eight (8)
individuals including the applicant, Dave Garrison of Marinita Development, as well as
other members of the community. The applicant, Tom Tomlinson of Castle & Cooke,
Ken Crawford of KWC Engineering and Matt Sulinski representing Fresh & Easy spoke
in favor of the project. Four (4) members of the surrounding community (Ms. Sally
Jimenez, Mr. George McDonough, Ms. Dawn Oaks, and Mr. Carlos Valle) spoke
against the project citing concerns and issues previously identified (refer to the attached
Planning Commission Minutes dated January 20, 2009).
The Planning Commission expressed satisfaction with the design and layout of the
proposed project. It was the majority consensus of the Planning Commission to accept
staff's recommendation of approval as proposed.
Recommendation
1. Adopt a resolution adopting findings that the Project is consistent with the
Multiple Species Habitat Conservation Plan (MSHCP).
2. Adopt a Resolution adopting Mitigated Negative Declaration No. 2008 -10
3. Adopt a Resolution approving General Plan Amendment No. 2008 -01
4. First reading of an Ordinance approving Zone Change No. 2008 -02, waive
further reading
5. Adopt a Resolution approving Commercial Design Review No. 2008 -09
Prepared By: Kirt A. Coury, /
Project Planner
Approved By: Robert A. Brady,
City Manager
Attachments:
1. Vicinity Map
2. City Council Resolution adopting Findings that the Project is consistent with the
Multiple Species Habitat Conservation Plan (MSHCP)
3. City Council Resolution No. 2009 -_ approving Mitigated Negative Declaration
No. 2008 -10
4. City Council Resolution No. 2009 -_ approving General Plan Amendment No.
2008 -01
5. City Council Ordinance No. _ approving Zone Change No. 2008 -02
6. City Council Resolution No. 2009 -_ approving Commercial Design Review No.
2008 -09
7. Conditions of Approval
8. Planning Commission Staff Report and Minutes dated January 20, 2009
9. Letters and a -mails expressing opposition and favor of the proposed project
Agenda Item No. 13
Page 2 of 86
VICINITY MAP
LAKE STREET MARKET PLACE
APN: 389 - 030 -014 THOUGH 018
Agenda Item No. 13
Page 3 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT
KNOWN AS THE LAKE STREET MARKETPLACE IS CONSISTENT
WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
WHEREAS, Marinita Development Co., (the "Developer ") filed an application with
the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008 -01,
Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09, Conditional Use
Permit No. 2008 -15, Variance No. 2008 -01, Uniform Sign Program No. 2008 -02 and
Mitigated Negative Declaration No. 2008 -10 for the design and construction of a 34,194
square foot retail shopping center (the "Project') on a 4.3 -acre site located the
northwest corner of Lake and Mountain Streets (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 an 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 City Council has the responsibility of making decisions regarding
the consistency of discretionary project entitlements with the MSHCP; and
WHEREAS, public notice of the Project has been given, and the City Council has
considered evidence presented by the Community Development Department and other
interested parties at a public hearing held with respect to this item on April 14, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Agend Item No.
p ee - No. 13
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CITY COUNCIL RESOLUTION NO. 2009 -
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SECTION 1. The City Council has considered the proposed application and its
consistency with the MSHCP prior to making a decision to 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 City Council 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. The JPR was completed
on September 23, 2008.
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.
3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal
Pools Guidelines.
The project site does encompass scattered vegetation which could be
considered a riparian resource. However, this vegetation will not be directly or
indirectly affected by the proposed project. As such, the Project is consistent
with the Riparian /Riverine Areas and Vernal 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.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
The Property was assessed for suitable habitat for Criteria Area Species, set
forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these
species, including Burrowing Owl, exists on the project site. As required by the
MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30
Agenda Item No.
P a &endq,#tem No. 13
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CITY COUNCIL RESOLUTION NO. 2009 -
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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 MSHCP contains requirements to address anticipated urban /wildland
interface issues associated with the conservation areas. Section 6.1.4 of the
MSHCP sets forth guidelines to address indirect edge effects associated with
locating development adjacent to MSHCP Conservation Areas. These edge
effects can adversely affect the biological resources within an identified
Conservation Area. The Guidelines provide direction on drainage, the
application of toxic chemicals, lighting, noise, invasive plant species, barriers to
animal movement, and grading issues. However, the project is surrounded by
urban development, is not adjacent to any wildland areas. Consequently, the
proposed project is consistent with the provisions of the MSHCP.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The project site is surrounded by urban development and is not adjacent to any
wildland areas. In addition, the Project is non - residential, has incorporated
building setbacks and will not encroach into MSHCP conservation areas. This
area has been mapped in accordance with the MSHCP requirements. 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 project site is surrounded by urban
development and is not adjacent to any wildland areas. In addition, the Project is
non - residential, has incorporated building setbacks 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
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
Agenda Item o.
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CITY COUNCIL RESOLUTION NO. 2009 -
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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 General Plan Amendment
No. 2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01, Uniform Sign Program No.
2008 -02 and Mitigated Negative Declaration No. 2008 -10, the City Council of the City of
Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 14th day of April 2009.
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
Agenda Item No.
p ei No. 13
Page 7 of 86
CITY COUNCIL RESOLUTION NO. 2009 -
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 14 day of April 2009, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agend It No
P end.% No. 13
Page 8 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2008 -10 FOR THE
LAKE STREET MARKETPLACE PROJECT
WHEREAS, Marina Development Company (the "Developer ") filed an application
with the City of Lake Elsinore requesting approval of General Plan Amendment No.
2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01 and Uniform Sign Program
No. 2008 -02 for the design and construction of a 34,194 square foot retail shopping
center (the "Project ") on a 4.3 -acre site located at the northwest corner of Lake and
Mountain Streets, commonly identifiable as Assessor's Parcel Nos. 389 - 030 -014, 015,
016, 017 and -018 (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
standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to
prepare and circulate Mitigated Negative Declaration No. 2008 -10 for the Project (the
"Mitigated Negative Declaration "); and
WHEREAS, pursuant to CEQA Guidelines section 15072, on December 10,
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 December 10, 2008, and ending on January 10, 2009; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at its regular
meeting on January 20, 2009 made its report upon the desirability of the proposed
project and made its recommendation to the City Council in favor of the adoption of
Mitigated Negative Declaration No. and
Agend Item o.
N enT� em No, 13
Page 9 of 86
CITY COUNCIL RESOLUTION 2009 -
PAGE 2 OF 4
WHEREAS, public notice of the Project and the Mitigated Negative Declaration
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 April 14, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby
incorporated into these findings by this reference.
SECTION 2. The City Council 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 City Council hereby finds
and determines that all public comments have been addressed.
SECTION 3. The City Council hereby determines 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 City Council 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.
SECTION 4. The City Council 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 it would be appropriate to adopt the
Mitigated Negative Declaration as proposed.
SECTION 5. The City Council 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 levels. 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.
Agenda Item No.
P of m No. 13
Page 10 of 86
CITY COUNCIL RESOLUTION 2009-
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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 General Plan Amendment
No. 2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01 and Uniform Sign Program
No. 2008 -02, the City Council hereby adopts Mitigated Negative Declaration No. 2008-
10.
SECTION 7. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED on this 14th day of April 2009.
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
Agenda Item No.
P em No. 13
Page 11 of 86
CITY COUNCIL RESOLUTION 2009 -
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 14` day of April 2009, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agenda Item No.
Paftendaoltem No. 13
Page 12 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING GENERAL PLAN AMENDMENT NO. 2008 -01
FOR THE LAKE STREET MARKETPLACE PROJECT
WHEREAS, Marina Development Company (the "Developer ") filed an application
with the City of Lake Elsinore requesting approval of General Plan Amendment No.
2008 -01, which will change the land use designation of Assessor Parcel Numbers 389-
030 -014, 015, 016, 017 and -018 (the 'Property ") from "Low Medium Density
Residential' to "General Commercial' (the "General Plan Amendment') allowing for the
development of a 34,194 square foot retail shopping center to be located at the
northwest corner of Lake and Mountain Streets; and
WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of
making decisions to the approved General Plan Land Use Map; and
WHEREAS, public notice of the General Plan Amendment has been given, and
the City Council has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on April 14, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed General Plan
Amendment, prior to making a decision to approve the proposed amendment to the
City's Land Use map. The City Council finds and determines that Mitigated Negative
Declaration No. 2008 -10 is adequate and prepared in accordance with the requirements
of the California Environmental Quality Act (CEQA).
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the City Council makes the following findings for
the approval of General Plan Amendment No. 2008 -01:
1. The proposed General Plan Amendment will not be: a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City, or b)
injurious to the property or improvements in the neighborhood or within the
City.
As reviewed and conditioned by all applicable City Divisions and
Departments, the proposed amendment will not be detrimental to the health,
safety, comfort and welfare of the persons residing or working within or near
the neighborhood of the proposed amendment..
2. The proposed General Plan Amendment will be consistent with the latest
General Plan.
Agenda Item No.
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CITY COUNCIL RESOLUTION 2009-
PAGE 2 OF 3
The project site is designated as Low Medium Density Single Family
Residential on the City's General Plan Land Use Map. The proposed project
is inconsistent with this designation. However, the project proposes a general
plan amendment to designate the site General Commercial on General Plan
Land Use Map. The proposed commercial project is consistent with the
requested land use designation amendment.
In addition, the most recent version of the draft General Plan Update
designates the site, as well as several properties north along Lake Street, as
General Commercial.
The project is also expected to provide neighborhood - serving commercial
services that will help to reduce citywide traffic congestion and air pollution by
eliminating some vehicle trips from other currently congested areas.
Consequently, the proposed project will not conflict with any applicable land
use plan, policy, or regulation with the approval of the general plan
amendment.
General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -02 will
result in the loss of this site for housing production. Under the current
General Plan and Zoning designations, the property would be able to
accommodate approximately 20 dwelling units. While the change eliminates
this site for housing production, there are alternatives sites available in the
City to absorb these 20 dwelling units. In addition, given that the City's
General Plan Update proposes to change the land use designation for this
property to commercial, the residential dwelling units that were planned for
under our current General Plan have been redistributed to other areas of the
City pursuant to the proposed General Plan Update.
SECTION 3. Based upon all of the evidence presented, and the above findings,
the attached conditions of approval, and the recommendation of the Planning
Commission, the City Council hereby approves General Plan Amendment No. 2008 -01.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No.
P !nda tteffiVo. 13
Page 14 of 86
CITY COUNCIL RESOLUTION 2009 -
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED on this 14th day of April 2009.
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 14 day of April 2009, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agenda Item No.
Pa6gendac#em No. 13
Page 15 of 86
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING ZONE CHANGE NO. 2008 -02 CHANGING
THE ZONING DESIGNATION OF ASSESSOR PARCEL NUMBERS 389-
030 -014, 015, 016, 017, AND 018 FROM R -1 SINGLE FAMILY
RESIDENTIAL TO C -1 NEIGHBORHOOD COMMERCIAL DISTRICT
UNDER THE ZONING ORDINANCE
WHEREAS, Marina Development Company (the "Developer ") filed an application
with the City of Lake Elsinore requesting approval of Zone Change No. 2008 -02, which
will change the zoning designation of Assessor Parcel Numbers 389 - 030 -014, 015, 016,
017 and -018 (the "Property ") from "R -1 Single Family Residential' to "C -1
Neighborhood Commercial' (the "Zone Change ") allowing for the development of a
34,194 square foot retail shopping center to be located at the northwest corner of Lake
and Mountain Streets; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making decisions for changes to the approved
Zoning Map; and
WHEREAS, public notice of the Zone Change has been given, and the City
Council has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on April 14, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Zone Change No.
2008 -02, which will change the zoning designation of Assessor Parcel Numbers 389-
030 -014, 015, 016, 017 and -018 (the "Property') from "R -1 Single Family Residential'
to "C -1 Neighborhood Commercial' (the "Zone Change "), prior to making a decision to
approve the proposed change to the City's Zoning Map. The City Council finds and
determines that Mitigated Negative Declaration No. 2008 -10 is adequate and prepared
in accordance with the requirements of the California Environmental Quality Act
(CEQA).
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the City Council makes the following findings for
the approval of Zone Change No. 2008 -02:
1. The proposed Zone Change will not be; a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
Agenda Item No.
PaftendaDRte�Vo. 13
Page 16 of 86
CITY COUNCIL ORDINANCE NO.
PAGE 2 OF 3
As reviewed and conditioned by all applicable City Divisions and Departments
and Agencies, the proposed zoning change will not be detrimental to the
health, safety, comfort and welfare of the persons residing or working within
or near the neighborhood of the proposed zoning change pursuant to
Conditions of Approval.
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan and the development standards established with
the Lake Elsinore Municipal Code (LEMC).
The proposed rezoning is compatible with the General Plan as amended.
The project proposes a land plan that will regulate future development of
diversified and varied commercial and retail uses within the City of Lake
Elsinore. In addition, the most recent version of the public hearing draft of the
updated General Plan designates the Property, as well as several properties
north along Lake Street, as General Commercial. The proposed commercial
project will provide neighborhood - serving commercial and retail opportunities
for existing and future residents in the surrounding area. Consequently, the
proposed project will not conflict with any applicable land use plan, policy, or
regulation with the approval the general plan amendment and zone change
applications.
General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -02 will
result in the loss of this site for housing production. Under the current
General Plan and Zoning designations, the property would be able to
accommodate approximately 20 dwelling units. While the change eliminates
this site for housing production, there are alternatives sites available in the
City to absorb these 20 dwelling units. In addition, given that the City's
General Plan Update proposes to change the land use designation for this
property to commercial, the residential dwelling units that were planned for
under our current General Plan have been redistributed to other areas of the
City pursuant to the proposed General Plan Update.
SECTION 3. Based upon all of the evidence presented, and the above findings,
the City Council of the City of Lake Elsinore hereby approves Zone Change No. 2008-
02.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No.
P4@ ndack6m No. 13
Page 17 of 86
CITY COUNCIL ORDINANCE NO.
PAGE 3OF3
PASSED, APPROVED AND ADOPTED on this 14th day of April 2009.
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 14 day of April 2009, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agenda Item No.
P a oaenda c htem No. 13
Page 18 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2008 -09
WHEREAS, Marinita Development Co., has filed an application requesting
approval of Commercial Design Review No. 2008 -09 for the design and development of
a 34,194 square foot retail shopping center ( "the Commercial Design Review "), which is
located at the northwest corner of Lake and Mountain Streets; and
WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of
making decisions for the Design Review of commercial projects; and
WHEREAS, public notice of the Commercial Design Review has been given, and
the City Council has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on April 14, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed request for
Commercial Design Review No. 2008 -09 prior to a decision to approve the project. The
City Council finds and determines that the Commercial Design Review request is
consistent with the Lake Elsinore Municipal Code.
SECTION 2. The City Council hereby finds and determines that Mitigated
Negative Declaration No. 2008 -10 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 City Council 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.
SECTION 3. That in accordance with Section 17.82 of the Lake Elsinore
Municipal Code, the City Council makes the following findings for the approval of
Commercial Design Review No. 2008 -09:
1. The project, as approved, will comply with the goals and objectives of the General
Plan and the Zoning District in which the project is located.
The proposed Commercial Design Review located at the northwest corner of Lake
and Mountain Streets complies with the goals and objectives of the General Plan in
that the approval of this neighborhood commercial shopping center will assist in
achieving the development of a well - balanced and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses as well
as encouraging commercial land uses to diversify Lake Elsinore's economic base.
Agenda Item No.
PaMendaoWem No. 13
Page 19 of 86
CITY COUNCIL RESOLUTION 2009 -
PAGE 2 OF 3
2. The project complies with the design directives contained in Section 17.82.060 and
all other applicable provisions of the Municipal Code.
The proposed Commercial Design Review located at the northwest corner of Lake
and Mountain Streets is appropriate to the site and surrounding developments in that
the neighborhood commercial shopping center has been designed in consideration
of the size and shape of the property.
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
The proposed Commercial Design Review located at the northwest corner of Lake
and Mountain Streets as reviewed and conditioned by all applicable City Divisions
and Departments and Agencies, will not have a significant effect on the environment.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed
Commercial Design Review located at the northwest corner of Lake and Mountain
Streets has been scheduled for review and consideration by the Planning
Commission.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Commercial Design Review, the City
Council hereby approves Commercial Design Review No. 2008 -09.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 14th day of April 2009.
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
Agenda Item No.
Pafgendaoltem No. 13
Page 20 of 86
CITY COUNCIL RESOLUTION 2009-
PAGE 3 OF 3
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 14 day of April 2009, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agenda Item No.
PaA No. 13
Page 21 of 86
CONDITIONS OF APPROVAL FOR
MITIGATED NEGATIVE DECLARATION NO. 2008 -10
GENERAL PLAN AMENDMENT NO. 2008 -01
ZONE CHANGE NO. 2008 -02
CONDITIONAL USE PERMIT NO. 2008 -15
VARIANCE NO. 2008 -01
COMMERCIAL DESIGN REVIEW NO. 2008 -09
UNIFORM SIGN PROGRAM NO. 2008 -02
"LAKE STREET MARKET PLACE"
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of the proposed
project. The City will promptly notify the applicant of any such claim, action, or proceeding
against the City and will cooperate fully with the defense.
PLANNING DIVISION
2. Approval of the identified project applications will lapse and be void unless building permits
are issued within two (2) years, of the approved date.
3. The applicant shall comply with the City's Noise Ordinance. Except that all construction
activity shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and
no construction activity shall occur on Saturdays, Sundays or legal holidays.
4. 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 at (951) 674 -3124 (as amended by the Planning Commission at the
January 20, 2008 meeting).
5. All loading zones shall be clearly marked with yellow striping and shall meet City standards
for loading zones.
6. The applicant shall comply with all mitigation measures identified in Mitigated Negative
Declaration No. 2008 -10 and the Mitigation Monitoring Program prepared for the project
requested herein.
7. Conditions of Approval shall be reproduced on page one of building plans submitted to the
Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance
of a Certificate of Occupancy and release of utilities.
8. Prior to issuance of the first certificate of occupancy, the entire site parking lot, entry
driveways, perimeter and internal landscaping shall be completed as indicated on the
approved plans attached hereto, or a construction /site improvement phasing plan as
Agenda Item No. 13
Page 22 of 86
CONDITIONS OF APPROVAL
PAGE 2 OF 12
LAKE STREET MARKETPLACE
otherwise approved by the Community Development Director.
9. All site improvements approved with this request shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plans or building elevations
shall be subject to the review of the Community Development Director. All plans submitted
for Building Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, or the Planning Commission /City Council through subsequent
action.
10.Any alteration or expansion of this Design Review approval shall be reviewed according to
the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code.
11. Materials and colors depicted on the plans and materials board shall be used unless
modified by the Community Development Director or designee.
12.The Planning Division shall approve the location of any construction trailers utilized during
construction. All construction trailers shall require a cash bond in the amount of $1,000.00
to be processed through the Planning Division.
13.All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so
that they are not visible from neighboring property or public streets.
14.No outdoor storage of materials /merchandise is permitted, including temporary storage in
the off - loading area.
15. Security lighting shall be required. All exterior on -site lighting shall be shielded and
directed on -site so as not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane of the fixture. The light fixture proposed shall be
consistent with the architecture of the building. A photometric Plan illustrating this condition
shall be required subject to the review and approval by the Community Development
Director or designee.
16.All exterior downspouts shall be concealed or architecturally screened and painted to
match the exterior color of the building as approved by the Community Development
Director or Designee.
17.All cornice elements and back sides of parapets exposed to public view shall be
architecturally enhanced, subject to the review and approval of the Community
Development Director or Designee.
18. The applicant shall add the proposed stone veneer to the cart corral pilasters, subject to the
review and approval of the Community Development Director or Designee.
19. The applicant shall add architectural enhancements to elevations of the buildings identified
Agenda Item No. 13
Page 23 of 86
CONDITIONS OF APPROVAL
PAGE 3 OF 12
LAKE STREET MARKETPLACE
as Shops 1" and "2" (i.e. additional stone veneer columns, brick towers, trellis structures,
etc.), subject to the review and approval of the Community Development Director or
Designee.
20. The applicant shall significantly enhance the architecture of the proposed building identified
as Major 1", as it is positioned in a highly visible location at the corner of Mountain and
Lake Streets. The enhancements shall be incorporated to all elevations of the building, and
shall be subject to the review and approval of the Community Development Director or
Designee, and may be brought back to the Planning Commission at the discretion of the
Community Development Director.
21.All building signage shall comply with Uniform Sign Program No. 2008 -02.
22.All drive aisles and loading areas shall be kept and maintained free and clear of any
materials /merchandise so as not to obstruct on -site circulation and deliveries.
23. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart
24.The applicant shall install a 12 -inch concrete paver along the side of parking stalls that are
adjacent to planters (the paver dimensions shall include curb width).
25.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation
system and erosion control vegetation installed and approved by the Planning Division.
26. On-site landscaping shall be enhanced at all entry areas and major intersection and shall
be subject to the review and approval of the Community Development Director or
Designee.
27.The applicant shall construct a "terraced" block wall including a landscape planter area
along the northwest property line adjacent to Shop No. 2. The landscape planter area shall
include trees, shrubs, groundcover and irrigation to mitigate and minimize the appearance
of an otherwise "large" block /retaining wall in this location.
28. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
29.Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or Designee.
30. No exterior roof ladders shall be permitted.
31.All service and loading doors shall be painted to match the building.
32. On-site surface drainage shall not cross sidewalks.
Agenda Item No. 13
Page 24 of 86
CONDITIONS OF APPROVAL
PAGE 4 OF 12
LAKE STREET MARKETPLACE
PRIOR TO BUILDING /GRADING PERMITS
33. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's
against the commercial shopping center requested herein. The CC &R's shall be reviewed
and approved by the Community Development Director or Designee and the City Attorney.
The CC &R's shall include methods of maintaining common areas, parking and drive aisle
areas, landscaped areas including parkways, and methods for common maintenance of all
underground, and above ground utility infrastructure improvements necessary to support
the complex. In addition, CC &R's shall established methods to address design
improvements.
34. No building in the development shall be sold unless a corporation, association, property
management group or similar entity has been formed with the right to financially assess all
properties individually owned or jointly owned which have any rights or interest in the use of
the common areas and common facilities in the development, such assessment power to
be sufficient to meet the expenses of such entity, and with authority to control, and duty to
maintain, all said mutually available features of the development. Such entity shall operate
under recorded CC &R's which shall include compulsory membership of all owners of lots
and flexibility of assessments to meet changing costs of maintenance, repairs, and
services. Recorded CC &R's shall make the City a third party beneficiary to the CC &Rs and
shall permit enforcement by the City for provisions required as Conditions of Approval. The
developer shall submit evidence of compliance with this requirement to, and receive
approval of, the City prior to making any such sale. This condition shall not apply to land
dedicated to the City for public purposes.
35. Provisions to restrict parking upon other than approved and developed parking spaces shall
be written into the CC &Rs for each project.
36. Membership in the Property Management Association shall be mandatory for each buyer
and successive buyer.
37. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements
shall be established, which will cause a merging of all development phases as they are
completed and embody one (1) property Maintenance with common area for the total
development of the subject project.
38. In the event the association or other legally responsible person(s) fail to maintain said
common area in such a manner as to cause same to constitute a public nuisance, said City
may, upon proper notice and hearing, institute summary abatement procedures and impose
a lien for the costs of such abatement upon said common area, individual units or whole
thereof as provided by law.
39. Each building owner shall have full access to commonly owned areas (parking), facilities
and utilities.
Agenda Item No. 13
Page 25 of 86
CONDITIONS OF APPROVAL
PAGE 5 OF 12
LAKE STREET MARKETPLACE
40. Prior to the issuance of a building permit, the Community Development Director or
designee shall verify that the parapet walls for all buildings located within fifty feet (50) of
the western and northern property lines have parapets that are at least five feet (5) in
height to reduce the impacts of noise from air conditioning units and other roof - mounted
equipment.
41. Prior to issuance of any grading permit or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" form and shall return the executed original
to the Planning Division for inclusion in the case records.
42.Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed
and approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of building permit. A Landscape Plan
Check & Inspection Fee will be charged prior to final landscape approval based on the
Consultant's fee plus forty percent (40 %) City fee.
a) All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods.
b) Applicant shall plant street trees selected from the City's Street Tree List, a
maximum of forty feet (40') apart and at least twenty- four -inch (24 ") box in
size.
c) All planting areas shall be separated from paved areas with a six inch (6 ")
high and six inch (6 ") wide concrete curb.
d) Planting within fifteen feet (15) of ingress /egress points shall be no higher
than thirty -six inches (36 ").
e) Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines.
f) Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines. Special
attention to the use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent excessive watering.
h) All landscape improvements shall be bonded 100% for material and labor for
two years from installation sign -off by the City. Release of the landscaping
bond shall be requested by the applicant at the end of the required two years
Agenda Item No. 13
Page 26 of 86
CONDITIONS OF APPROVAL
PAGE 6OF12
LAKE STREET MARKETPLACE
with approval /acceptance by the Landscape Consultant and Community
Development Director or Designee.
i) All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building. All
planting areas shall include plantings in the Xeriscape concept, drought
tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
43. The Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
District. Proof shall be presented to the Chief Building Official prior to issuance of building
permits and final approval.
44. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee.
45. Prior to issuance of building permits, applicant shall provide assurance that all required fees to
the Lake Elsinore Unified School District have been paid.
46. Prior to issuance of building permits, applicant shall provide assurance that all requirements of
the Riverside County Fire Department have been met.
47.The Conditional Use Permit approved herein shall lapse and shall become void two (2)
years following the date on which the use permit became effective, unless prior to the
expiration of two (2) years a building permit is issued and construction commenced and
diligently pursued toward completion on the site.
48.The Conditional Use Permit shall comply with the all applicable requirements of the Lake
Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval.
49.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.
50. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements
specified herein and approved by the Planning Commission and the City Council shall be
installed, or agreements for said improvements, shall be submitted to the City for approval
by the City Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
51.The hours of operation for the project shall be limited to the hours of operation expressed
within the Business Plan submitted.
Agenda Item No. 13
Page 27 of 86
CONDITIONS OF APPROVAL
PAGE 7 OF 12
LAKE STREET MARKETPLACE
52. No deliveries shall be made to businesses within the project site between the hours of
12:00 am and 5:00 am.
53.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake
Elsinore Municipal Code.
54. No outdoor food vending shall be permitted with the proposed project.
ENGINEERING DIVISION
55. Applicant shall dedicate full half width right -of -way along the project frontage of Lake Street.
Centerline to right -of -way shall be measured to be 60 -feet.
56.Applicant shall construct full half width street cross section along Lake Street, consistent
with the General Plan Circulation Element. Half width street shall measure 48 -feet from the
centerline of Lakeshore Drov Lake Street to the face of curb adjacent to the project.
Because of the Lake Street realignment, cash -in -lieu of construction payment will be
accepted. The cash -in -lieu shall be based on an approved engineer's cost estimate (as
amended by the Planning Commission direction at the January 20, 2008 meeting).
57.Applicant shall construct an asphalt dyke along the project frontage of Lake Street as an
interim curb and gutter until such time as the vertical alignment can be corrected.
58. Applicant shall pay cash -in -lieu for the construction of the median on Lake Street along the
project frontage. The project is responsible to pay for half the cost of construction for the
median.
59.Applicant shall provide temporary channelizers in front of the project driveway to Lake
Street. The channelizers shall be placed directly in front of the driveway along the
centerline of Lake Street and shall extend 150 -feet beyond the driveway apron. The
channelizers shall be placed with a spacing of 15 -feet on center.
60. Applicant shall provide a striping and signing plan for striping from the project's boundary to
Lake Street. This plan shall be approved by the Traffic Engineer prior to issuance of the
building permit.
61.Applicant shall align the Northerly driveway with Ginger Root Way as shown on the
preliminary street improvement plan.
62.Applicant shall dedicate full half width right -of -way along Mountain Street. The street right -
of -way shall measure 30 -feet from the centerline of Mountain Street to the property line of
the project.
63.Applicant shall construct full half width street improvements along Mountain Street.
Centerline to the curb -face adjacent to the project shall measure 20 -feet.
Agenda Item No. 13
Page 28 of 86
CONDITIONS OF APPROVAL
PAGE 8 OF 12
LAKE STREET MARKETPLACE
64.Applicant shall provide for onsite loading and unloading of inventory from the delivery
trucks.
65.Applicant shall provide truck turning templates to show that onsite circulation will work for
the anticipated types of delivery trucks.
66. Provide detention facility sized to detain the increase in the 100 year storm flow between
the developed and undeveloped site condition.
67.Applicant shall provide water quality control measures to comply with the Santa Ana
Region Water Quality Control Board requirements for the San Jacinto Watershed area.
These provisions shall treat all water leaving the site (as amended by the Planning
Commission at the January 20, 2008 meeting).
68.Applicant shall provide anti - graffiti coating or other method as approved by City staff on all
exterior facing walls.
69.Applicant shall provide a native soil berm along the toe of slope along Lake Street and
Mountain Street to capture potential erosion.
70. Sight distance for ingress / egress at all driveways shall be unobstructed.
71. Underground water rights shall be dedicated to the City pursuant to the provisions of
Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore
Valley Municipal Water District.
72.All interim street improvements on Lake Street and ultimate improvements on Mountain
Street as described in these conditions of approval shall be installed and functioning prior
to certificate of occupancy (as amended by the Planning Commission at the January 20,
2008 meeting).
73.Applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform
Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the
project and its development. The fee amount to be paid shall be consistent with the current
amount as stipulated in each fee ordinance. Any cash in lieu of construction payment for
the ultimate Lake Street improvements paid to the City of Lake Elsinore shall be credited
against the applicable TUMF and /or TIF collected at building permit. The applicant shall
enter into a three (3) party agreement with Castle & Cooke and the City of Lake Elsinore for
the construction of the ultimate Lake Street improvements (as amended by the Planning
Commission at the January 20, 2008 meeting).
74.Applicant shall submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been made for
Agenda Item No. 13
Page 29 of 86
CONDITIONS OF APPROVAL
PAGE 9 OF 12
LAKE STREET MARKETPLACE
this project. Submit this letter prior to issuance of a building permit.
75.Applicant shall construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to issuance of a
building permit (LEMC 16.34).
76. Street improvement plans and specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
77.Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate securities prior issuance of a building permit.
78.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8' /z" x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
79.The applicant shall install permanent survey monuments in compliance with the City's
municipal code except those lots created by the project's Lot Line Adjustment (as amended
by the Planning Commission at the January 20, 2008 meeting).
80.Applicant shall obtain all necessary off -site easements for off -site grading or construction
from the adjacent property owners prior to issuance of a building permit.
81.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.
82.Applicant shall provide fire protection facilities as required in writing by the Riverside
County Fire Department.
83.Applicant shall provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
84.Applicant shall install blue reflective pavement markers in the street at all fire hydrant
locations.
85. Applicant shall submit a traffic control plan showing all permanent traffic control devices for
the project to be approved prior to issuance of a building permit. All permanent traffic
control devices shall be installed prior to final inspection of public improvements. This
includes No Parking Signs for travel ways within the development.
86.Construction traffic control plans shall be submitted to and approved by the City's Traffic
Engineer prior to issuance of encroachment permit. The signal adjacent to the project
adjacent to Lake Street and Mountain Street shall be relocated to it's ultimate location. The
signal pole shall be sufficient to locate the signal heads with the ultimate lane configuration.
Agenda Item No. 13
Page 30 of 86
CONDITIONS OF APPROVAL
PAGE 10 OF 12
LAKE STREET MARKETPLACE
87.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and /or disks which are compatible with City's ARC Info /GIs or
developer to pay $300 per sheet for City digitizing (as amended by the Planning
Commission at the January 20, 2008 meeting).
88.All utilities (electrical, cable television, telephone) except electrical over 12 kv shall be
placed underground, as approved by the serving utility.
89.Applicant shall apply and obtain a grading permit with appropriate security prior to building
permit issuance. A grading plan signed and stamped by a California Registered Civil
Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern
is substantially modified as determined by the City Engineer. If the grading is less than 50
cubic yards and a grading plan is not required, a grading permit shall still be obtained so
that a cursory drainage and flow pattern inspection can be conducted before grading
begins.
90.Applicant shall provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with recommendations.
91.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake
faults and /or liquefaction zones present on -site.
92.AII grading shall be done under the supervision of a geotechnical engineer. All slopes
steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and
proper erosion control requirements by a licensed Geologist or licensed Geotechnical
Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and
have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every
thirty (30) vertical foot of slope.
93.Prior to commencement of grading operations, applicant shall provide to the City with 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.
94.Applicant shall provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall pay
full cost of restoring public roads to the baseline condition. A bond may be required to
ensure payment of damages to the public right -of -way, subject to the approval of the City
Engineer.
95. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage easement as
applicable (as amended by the Planning Commission at the January 20, 2008 meeting).
Agenda Item No. 13
Page 31 of 86
CONDITIONS OF APPROVAL
PAGE 11 OF 12
LAKE STREET MARKETPLACE
96. On site drainage farilities lec--.ated- eutside of read Fight ef way sheuld be GoRta'Red v.4thin
dFaiRage easements shown OR the fiRal
stating: "Drainage ease n+ huh L� f ree o f h ildi h + ti
avcii� ° c���v sr�an�rt -- v, vv „v'ri szrta �ovsc, vcrrv„T. as
amended by the Planning Commission at the January 20, 2008 meeting).
97.All natural drainage traversing site shall be conveyed through the site, or shall be collected
and conveyed by a method approved by the City Engineer.
98.Applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations.
99.Applicant shall meet all requirements of LEMC 15.68 regarding flood plain management.
100. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District as a submittal requirement of the
rough grade plan check. Applicant shall mitigate any flooding and /or erosion caused by
development of site and diversion of drainage.
101. All drainage facilities in this site shall be constructed to Riverside County Flood Control
District Standards.
102. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the
drain system, the wording and stencil shall be approved by the City Engineer.
103. 10 -year storm runoff should be contained within the curb and the 100 -year storm runoff
should be contained with the street right -of -way. When either of these criteria is exceeded,
drainage facilities should be installed.
104. A drainage acceptance letter shall be required from the downstream property owners for
out - letting the proposed storm water run -off on private property if the flows are inconsistent
with the historic flow details.
105. Applicant shall install BMP's using the best available technology to mitigate any urban
pollutants from entering the watershed.
106. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their Stormwater Pollution Prevention Plan in the San Jacinto Watershed Area 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 (as amended
by the Planning Commission at the January 20, 2008 meeting).
107. Education guidelines and Best Management Practices (BMP) shall be provided to the
manager of the business in the use of herbicides, pesticides, fertilizers as well as other
environmental awareness education materials on good housekeeping practices that
contribute to protection of stormwater quality and meet the goals of the BMP in Supplement
"A” in the Riverside County NPDES Drainage Area Management Plan.
Agenda Item No. 13
Page 32 of 86
CONDITIONS OF APPROVAL
PAGE 12 OF 12
LAKE STREET MARKETPLACE
108. Applicant shall provide first flush BMP's using the best available technology that will reduce
stormwater pollutants from parking areas and driveways. These provisions include the
development and compliance with a Water Quality Management Plan (WQMP).
109. Driveway intersection site distance shall meet the design criteria of the CALTRANS Design
Manual (particular attention should be taken for intersections on the inside of curves). If
site distance can be obstructed, a special limited use easement must be recorded to limit
the slope, type of landscaping and wall placement.
110. Reciprocal access agreements shall be processed with adjacent property owners as
applicable (as amended by the Planning Commission at the January 20, 2008 meeting).
111. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction must be disposed of at
appropriate recycling centers. The applicant shall contract with CR &R, Inc., in accordance
with the City's Franchise Agreement.
ADMINISTRATIVE SERVICES DEPARTMENT
112. Prior to approval of the Final Map, Site Development Plan, Special or Conditional 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. 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 danderson(a ) harris- assoc.com (as amended by the Planning Commission at the
January 20, 2008 meeting).
COMMUNITY SERVICES DEPARTMENT
113. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior
. commercial space.
114. Developer shall participate in the City -wide Landscape and Lighting Maintenance District.
115. Developer shall comply with all City Ordinances regarding construction debris removal and
recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
RIVERSIDE COUNTY FIRE DEPARTMENT
116. The applicant shall comply with all Riverside County Fire Departments requirements and
standards. Provide fire protection facilities as required in writing by the Riverside County
Fire Department.
Agenda Item No. 13
Page 33 of 86
CITY OF
LADE LSIIYOIZE
-� 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 20, 2009
PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008 -10,
GENERAL PLAN AMENDMENT NO. 2008 -01, ZONE
CHANGE NO. 2008 -02, COMMERCIAL DESIGN REVIEW
NO. 2008 -09, CONDITIONAL USE PERMIT NO. 2008 -15,
VARIANCE NO. 2008 -01, AND UNIFORM SIGN PROGRAM
NO. 2008 -02 "LAKE STREET MARKET PLACE"
APPLICANTI: DAVID B. GARRISON, MARINITA DEVELOPMENT CO.
OWNER: 3835 BIRCH STREET, NEWPORT BEACH, CA 92660
Project Request
The applicant is requesting approval of General Plan Amendment No. 2008 -01, Zone
Change No. 2008 -02, Commercial Design Review No. 2008 -09, Conditional Use Permit
No. 2008 -15, Variance No. 2008 -01, and Uniform Sign Program No. 2008 -02 to allow for
the development of a 34,194 square foot retail shopping center. Environmental clearance
for the proposed project is provided by Mitigated Negative Declaration No. 2008 -10, in
conformance with the California Environmental Quality Act (CEQA). Review is pursuant to
the applicable Chapters of the Lake Elsinore Municipal Code (LEMC).
Project Location
The project site is located at the northwest corner of Lake and Mountain Streets, commonly
identifiable as APNs: 389 - 030 -014, -015, -016, -017, and -018 (the `Property ").
Environmental Setting
The proposed project site is approximately 4.3 acres in size. The property surrounding the
project site is a predominantly residential area in the northern portion of the City. The site
is mostly vacant, except for two residential structures on the northern most parcel of the
project site. One of the residences is a mobile home, the other a small conventional
AGENDAITEM
PAGE O F No. 13
Page 34 of 86
PLANNING COMMISSION STAFF REPORT
JANUARY 20, 2009
PROJECT TITLE: LAKE STREET MARKETPLACE
structure. The areas immediately east and south of the site are primarily residential, while
areas north and west of the site are mostly vacant. The project site has a current General
Plan Land Use designation of Low Medium Density Residential. The entire project area is
zoned R -1 (Single Family Residential).
Background
The Lake Street Market Place consists of several types of development entitlements, all of
which constitute discretionary land use decisions to be made by the City. In compliance
with CEQA, the City prepared an Initial Study, which revealed that a Mitigated Negative
Declaration would be required in order to address the potential environmental effects
associated with the Lake Street Market Place project. The Draft Mitigated Negative
Declaration was sent to the State Clearinghouse to be circulated for the thirty (30) day
public review period, which ended on January 10, 2009. Two (2) comment letters,
identified in this staff report, were received during the public review period.
Project Description
General Plan Amendment No. 2008 -01
Currently, the Property has a land use designation of Low - Medium Density Residential,
which does not permit commercial development. The Lake Street Market Place is a
proposed 34,194 square foot commercial retail center. To accommodate the retail center
on the Property, the applicant requests approval of a General Plan Amendment to change
the Land Use Map designation for the Property from Low Medium Residential to General
Commercial (GC), permitting a maximum commercial floor area ratio of 40 percent.
It should be noted that the proposed General Plan Update identifies this area as "General
Commercial ".
AGENDAITEM
PAGE Agegga Item No. 13
Page 35 of 86
G
�®
WIN
�G PLA
M
Project
Two
R -1 (Single
Family
Low Medium
Density
Site
Residential
Residential)
Residential
Homes
North
Vacant
R -1 (Single
Family
Low Medium
Density
Residential )
Residential
South
Single Family
R -1 (Single
Family
Low Medium
Density
Residential
Residential )
Residential
East
Single Family
Single Family
Residential
Murdock Alberhill
Ranch
Residential
(RSF)
Specific Plan
West
Single Family
R -1 (Single
Family
Low Medium
Density
Residential
Residential )
I Residential
Background
The Lake Street Market Place consists of several types of development entitlements, all of
which constitute discretionary land use decisions to be made by the City. In compliance
with CEQA, the City prepared an Initial Study, which revealed that a Mitigated Negative
Declaration would be required in order to address the potential environmental effects
associated with the Lake Street Market Place project. The Draft Mitigated Negative
Declaration was sent to the State Clearinghouse to be circulated for the thirty (30) day
public review period, which ended on January 10, 2009. Two (2) comment letters,
identified in this staff report, were received during the public review period.
Project Description
General Plan Amendment No. 2008 -01
Currently, the Property has a land use designation of Low - Medium Density Residential,
which does not permit commercial development. The Lake Street Market Place is a
proposed 34,194 square foot commercial retail center. To accommodate the retail center
on the Property, the applicant requests approval of a General Plan Amendment to change
the Land Use Map designation for the Property from Low Medium Residential to General
Commercial (GC), permitting a maximum commercial floor area ratio of 40 percent.
It should be noted that the proposed General Plan Update identifies this area as "General
Commercial ".
AGENDAITEM
PAGE Agegga Item No. 13
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PLANNING COMMISSION STAFF REPORT
JANUARY 20, 2009
PROJECT TITLE: LAKE STREET MARKETPLACE
General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -02 will result in the
loss of this site for housing production. Under the current General Plan and Zoning
designations, the property would be able to accommodate approximately 20 dwelling units.
While the change eliminates this site for housing production, there are alternatives sites
available in the City to absorb these 20 dwelling units. In addition, given that the City's
General Plan Update proposes to change the land use designation for this property to
commercial, the residential dwelling units that were planned for under our current General
Plan have been redistributed to other areas of the City pursuant to the proposed General
Plan Update.
Zone Change No. 2008 -02
Currently, the Property has a zoning designation of R -1, Single Family Residential. Similar
to the General Plan Amendment, a zone change on the Property is necessary in order to
accommodate a commercial use. In addition, the zone change is necessary to ensure
consistency between the general plan and zoning designations. Therefore, the applicant is
also requesting a change in the Zoning from (R -1) Single- Family Residential to (C -1)
Neighborhood Commercial to allow for the development of a 34,194 square foot retail
commercial shopping center pursuant to the applicable chapters of the LEMC.
Commercial Design Review No. 2008 -09
The applicant is requesting the approval of a Commercial Design Review to allow for the
design and development of a 34,194 square foot commercial retail center on 4.3 acres.
The Design Review is pursuant to Chapter 17.82 (Design Review), Chapter 17.44 (C -1,
General Commercial District), Chapter 17.38 (Non - Residential Development
Standards) and Chapter 17.66 (Parking Requirements) of the LEMC. The following
elements of design review require description and analysis:
• Traffic
• Sitina
• Circulation and Parking Space Layout
• Pedestrian Accessibility
• Landscaping
• Architecture
• Color and Materials
Traffic
The Traffic Impact Analysis prepared by Urban Crossroads, on February 16, 2008,
included; documentation of existing traffic conditions (intersections and segments) in the
vicinity of the Property; an evaluation of existing traffic conditions (intersections and
segments) with the proposed project (2010 Project Build out Year); evaluation of existing
AGENDA ITEM
PAGE Agen Item No. 13
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PROJECT TITLE: LAKE STREET MARKETPLACE
traffic conditions (intersections and segments) with the proposed project plus other
projects. Additionally, cumulative project impacts were included in the short term
cumulative analysis.
Essentially, the Traffic Study found that the study intersection (Mountain and Lake Streets)
will operate at a Level of Service "D" or better at morning and afternoon peak periods. In
addition, the proposed and cumulative projects identify increased impacts to the area. To
address this impact, the Mitigation Monitoring Reporting Program (MMRP) requires that the
project pay its fair share toward the City of Lake Elsinore's Development Impact Fee
program and the regional Transportation Uniform Mitigation Fee (TUMF) program to
ensure that community and area -wide project impacts remain at a less than significant
level. With implementation of the mitigation contained in the MND, MMRP and conditions
of approval, the project will not significantly affect the designated Congested Management
Program (CMP) road network.
Siting
The proposed 4.3 acre commercial shopping center site will consist of a proposed 13,361
square foot Fresh & Easy Market, three (3) shop buildings (ranging from 4,800 square feet
to 8,000 square feet), as well as associated parking and landscaping improvements. A
fifteen foot (15') minimum and a twenty foot (20') average bermed landscape area is
proposed along Lake and Mountain Streets, respectively.
The access for the shopping center will be available by the way of two (2) driveways. One
(1) driveway located off of Lake Street and one (1) along Mountain Street. Generally,
parking will be oriented to the central areas of the shopping center.
Major 1 — Fresh & Easy Market
The 13,969 square foot retail market building identified as "Fresh & Easy" will be located on
the southeast portion of the site (nearest the intersection of Lake and Mountain Streets).
The "loading and delivery" area for the proposed building is identified along the west
elevation (opposite from the main intersection) and includes an eight foot (8') wall to screen
the designated loading dock and area. The primary area of customer parking will be sited
to the north of the building.
Shop 1
The 8,000 square foot building identified as Shop 1 will be located at the northeast corner
of the site. Shop 1 is designated as a general retail building. Shop 1 will include a drive
through at the northeast corner of the building and site. Parking for Shop 1 will be primarily
located to the south of the building.
Shop 2
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PROJECT TITLE: LAKE STREET MARKETPLACE
The 7,425 square foot building identified as Shop 2 will be located at the northwest corner
of the site. Shop 2 is designated as a general retail building. Parking for Shop 2 will be
primarily located to the south and east of the building.
Shop 3
The 4,800 square foot building identified as Shop 3 will be located near the south central
portion of the site. Shop 3 is also designated as a general retail building. Parking for Shop
3 will be primarily located to the south and east of the building. It should be noted that all
three (3) buildings will include a designated patio area.
Circulation and Parking Space Layout
Circulation
Through- access to and from the Lake Street Market Place shopping center will be made
available by the way of two (2) access driveway approaches. One (1) "right- turn -in" and
"right- turn -out" only driveway accessing Lake Street will be centrally located between
Mountain Street and the northern end of the project site. The second access drive way will
be located at the southwest corner of the project site on Mountain Street.
Truck circulation has been provided pursuant to the "Truck Route" (see dashed outline in
Site Plan), which is attached to this staff report as an exhibit. Delivery Trucks will generally
enter and exit the site via the two (2) identified driveways. The Fire Department has
provided input to the circulation design in order to provide adequate emergency vehicle
access.
Parking
Parking for the site has been provided pursuant to LEMC Chapter 17.66 (Parking
Requirements). Since the drive - through unit and shops have not proposed a floor plan,
staff relied on the business description provided by the applicant for each of the shops and
proposed drive- through business (as noted on the Preliminary Site Plan). Considering this,
staff calculated the parking needs for the drive through and restaurants on a ratio of 40% of
the total building area for "customer area" (1 space /45 square feet) and 60 % of the building
square footage for non - customer area (1 space /200 square feet). The following Parking
Analysis demonstrates that the project will provide more parking than would be required
based upon the foregoing requirements:
BUILDING,
BUILDING
PARKING.
PARKING
DESCRIPTION
," SQUARE
REQUIRED
. PROVIDED
FOOTAGE
AGENDAITEM
PAGE Age iWa Item No. 13
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PLANNING COMMISSION STAFF REPORT
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PROJECT TITLE: LAKE STREET MARKETPLACE
Major 1 & Shops
30,794
124
138
Restaurant
Seating Area
1,700
38
38
Restaurant Non-
Seating Area
1,700
9
9
TOTAL'
171
1 ` 6
As indicated in the analysis above the project requires a total of 171 parking spaces. The
applicant is providing 185 parking spaces, exceeding the minimum parking spaces
required.
Parking spaces will be designed at 90- degree angles, with minimum twenty six -foot (26')
two -way drive isles. The typical parking space for the proposed center will provide the
minimum standard nine feet (9') by eighteen feet (18') parking space throughout the project
site. All parking spaces will be double striped. Handicap parking spaces will be provided
pursuant to applicable building codes.
It should be noted that the applicant is proposing to construct the project in two (2) phases.
Phase 1 will include Major 1 and Shops 1 buildings. Phase II will include Shops 2 & 3
buildings. Phase II will be built at market demand. All parking and site improvements will
be constructed with Phase I requiring only building construction and some landscaping
improvements to be constructed with Phase II.
Pedestrian Accessibility
Internal and perimeter pedestrian walkways have been provided throughout the site. A
"Path of Travel" has been designed for the project and is shown on the Site Plan. The
main pedestrian walkways located in the central portion of the site will incorporate
landscaping and decorative trelliswork. "Enhanced Paving" will also be incorporated at
strategic intervals providing pedestrian continuity to the buildings proposed. Further,
"Enhanced Paving" will be provided between various buildings allowing safe pedestrian
access from one building to another and to the parking areas.
Landscaping
The applicant is proposing to develop the 4.3 acre site with 38,832 square feet of
landscaping or twenty two percent (22 %) of the project site. Further the applicant will
provide a minimum fifteen (15) foot and a twenty (20) foot average landscape buffer along
the perimeter of the entire site, specifically adjacent to the public right -of -way. Additionally,
an eleven -foot (11') landscape planterwill be provided along the northern project boundary.
AGENDA ITEM
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Further, the applicant is proposing to build the project in two (2) phases. Phase 1 will
include Major Building 1 (Fresh & Easy) and Shop Building 1. Shop Buildings 2 and 3 are
proposed as Phase II. Phase 1 will also include all on -site improvements, such as parking
spaces, landscaping, perimeter walls, etc. It should be noted that the project is conditioned
to provide landscaping along the northern and western boundaries with Phase I to ensure
full and mature landscaping at project build out (completion of Phase II). Also, the building
pads for Shops 2 and 3 are conditioned to be temporarily lanscaped and irrigated until
such pads are ready for construction.
Architecture
The architectural style of the shopping center can, as a general rule, be classified a
contemporary in design. All the buildings within the center have been architecturally
designed to incorporate common and distinct elements that can be found throughout the
center, providing a sense of continuity and identification.
The buildings will feature flat cornice parapets and plasterfinish walls with select repetitive
architectural enhancements. The enhancements, which have been thoughtfully
incorporated within the architectural design, include "peak" roof and tower elements,
"stucco finished" cornice segments, decorative trelliswork, wainscot ledge stone veneer,
architectural brick columns, metal awnings, decorative wall insets, and ornament exterior
surface mounted fixtures. It should be noted that staff has included conditions of approval
requiring certain architectural enhancements to the building.
Color and Materials
The applicant is proposing a shopping center, which will have common architectural
elements and colors and materials throughout. The following is a compilation of the colors
and materials proposed for the shopping center:
:R FINISH WALLS AND "KAHLUA AND CREAM" #2161 -
CORNICE CAP 60 BY BENJAMIN MOORE
"TUSCAN TAN" #1144 BY
BENJAMIN MOORE
"HARVEST BRONZE" #1146
BY BENJAMIN MOORE
"OLD CANAL" #1132 BY
BENJAMIN MOORE
"DILL PICKLE" #DE5573 BY
DUNN EDWARDS
"RAL 7047" BY TIGER DRYLAC
AGENDA ITEM
PAGE AgeBVa Item No. 13
—" Page 40 of 86
PLANNING COMMISSION STAFF REPORT
JANUARY 20, 2009
PROJECT TITLE: LAKE STREET MARKETPLACE
COLUMNS
"BLACK HILL COMMON"
MODULAR BRICK" BY
PACIFIC CLAY
GLAZING
CLEAR ANODIZED ALUMINUM
STOREFRONT SYSTEM
WAINSCOT
MESQUITE CLIFFSTONE BY
EL DORADO STONE
METAL AWNING
"FLUROPON GREEN" PATINA
GREEN VALSPAR #435C296
It should be noted that the architecture for Shop 3 has not been provided or identified at
this time. Staff has conditioned Shop 3 for review and analysis pursuant to the City's
designated Design Review process. Shop 3 will be required to be compatible in terms of
architectural design and treatment to the on -site buildings.
Conditional Use Permit No. 2008 -15
The applicant is requesting the approval of a conditional use permit to allow for the
establishment of a "drive through" facility for Shop 1. The request for the "drive through"
facility is pursuant to Chapter 17.66.060 (Drive- Through Establishments). The applicant
is also requesting approval through the proposed conditional use permit to allow for the
establishment of outdoor dining /seating areas for the proposed Shops. The review and
analysis is pursuant to Chapter 17.38 (Non - Residential Development Standards),
Chapter 17.44.030.D (Neighborhood Commercial District), Chapter 17.48 (C -2, General
Commercial District), Chapter 17.66 (Parking Requirements) and Chapter 17.74
(Conditional Use Permits) of the LEMC.
The proposed "drive through" establishment and outdoor dining areas will vary in hours of
operation. The tenants of these facilities are unknown at this time. Typical drive - through
establishments are open from approximately 9:00 AM to 10:00 PM daily. Sixty percent
(60 %) of traffic is anticipated to be generated by the drive through use portion of the
restaurant, with the remaining forty percent (40 %) generated by the dining room area.
Considering this analysis, staff has calculated the parking for the drive through restaurant
accordingly. The drive through restaurant will provide for eight (8) cars in the stacking line.
Variance No. 2008 -01
The City Zoning Ordinance limits the heights of walls in commercial districts to eight feet.
To accommodate the development of the site, retaining walls along the west and north
sides of the project will exceed the maximum allowable wall height. Consequently, the
approval of the project will require the approval of a variance for combined retaining and
screening walls of up to twenty feet in height. The highest walls are expected to be along
the northwestern edges of the site. The majority of the highest walls will be located behind
Shops Building No. 2. The review is pursuant to Chapter 17.38 (Non - Residential Design
AGENDA ITEM
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PROJECT TITLE: LAKE STREET MARKETPLACE
Review) and Chapter 17.76 (Variances) of the LEMC. It should be noted that the
applicant is proposing to "terrace" the walls along the western project boundary to breakup
the height and length of an otherwise large retaining wall. The "terracing" effect will include
a landscape planter between the proposed retaining wall and the project perimeter wall.
The landscape planter will be planted with trees, shrubs and ground cover to enhance the
project appearance along the western edge.
Sign Program No. 2008 -02
The proposed sign program would establish project - specific sign standards forthe project.
The sign program includes one corner center identification sign, three (3) free- standing
monument signs along Lake and Mountain Streets, and building mounted signs. The
standards in the sign program customize the typical City signage standards to better fit the
location and character of the proposed shopping center. The proposed sign program is
consistent with the specifications of LEMC Chapter 17.94, (Sign- Advertising Structures).
The proposed Sign Program includes the following list of details:
1. General Requirements
2. Specific Types of Signs Allowed
A. Wall Signs
Wall Signs are permitted with one (1) primary identification sign located
above the store entrance in a specific area within the confines of the
Tenant's storefront. Signage size is allowed at one (1) square foot of sign
area per each linear foot of storefront. Tenant's with building elevations
facing multiple exposures such as parking lot or street may petition to
incorporate one (1) additional sign per face or elevation that is exposed.
B. Monument Signs
The project will include three (3) monument signs ranging in height from eight
feet (8') to twelve feet (12'). Each monument sign will include four (4) tenant
signs, the address range and the City logo. The site will also include one (1)
corner monument sign, which is proposed to have an overall height of six
feet (6') to eight feet (8'), include project identification, and incorporate a
water feature. The monument signs will be architecturally compatible with
the shopping center and will incorporate colors and materials proposed with
the on -site buildings.
Analysis
The proposed commercial shopping center conforms to all applicable development
AGENDA ITEM
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PROJECT TITLE: LAKE STREET MARKETPLACE
standards of the LEMC. In addition, the project has. been designed with enhanced
architectural characteristics such as pedestrian amenities, outdoor dining areas, raised
parapets, varying color treatments and materials, and wall breaks to create interesting
building elevations. With the proposed conditions of approval, Staff determined that the
proposed project will compliment the existing and proposed commercial developments
within the City.
The request is being made with the intention of establishing a new commercial shopping
center. As part of the process, the applicant is required to obtain a General Plan
Amendment and Zone Change to change the site's designation of Low Medium Residential
and R -1 Single Family to General Commercial and C -1 Neighborhood Commercial
respectively under the City's current General Plan and Zoning Maps. It should be noted
that the land use changes have been reflected in the Draft General Plan Update, however,
this document has not yet been adopted. Because the anticipated project approval will
occur prior to the adoption of the General Plan Update, a General Plan Amendment is
required.
In reviewing the requested land use map amendment (General Plan Land Use Element
Amendment), it is necessary to analy2e potential implications to other Elements of the
General Plan. The General Plan is required to be internally and laterally consistent;
therefore, an amendment to any one of the required Elements of the General Plan is
required to be consistent to the rest of the elements. Staff feels that this amendment to the
Land Use Element may have an impact to the Circulation and Housing Elements.
However, as reviewed and conditioned by all applicable City Departments and Agencies,
staff feels the impacts to the Circulation and Housing Elements will be minimal.
Environmental Determination
Mitigated Negative Declaration No. 2008 -10 has been prepared pursuant to Article 6,
Section 15070 of CEQA. Pursuant to Section 15073 of CEQA, the intended Mitigated
Negative Declaration was submitted to the State Clearinghouse on December 10, 2008.
The 30 -day public review and comment period began on December 10, 2008 and closed
on January 9, 2009. During the public comment period, comments on the MND were
received from the Soboba Band of Luiseno Indians, the Morongo Band of Indians and the
Pechanga Band of Luiseno Indians.
Comments received from the two (2) Tribes primarily focused on the need for Tribal
monitoring, appropriate steps to implement should human remains be accidentally
uncovered, and compliance with Senate Bill 18 (SB 18). The City's standard practice is to
include mitigation to address Tribal concerns and to comply with SB 18 as is required by
statute. As such, all required mitigation has already been included as part of the proposed
project's mitigation. Additionally, the City conducted the statutorily required SB 18 tribal
consultation from August 27, 2008 through November 27, 2008.
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PROJECT TITLE: LAKE STREET MARKETPLACE
Based on staffs evaluation, the proposed project will not result in any significant effects on
the environment. 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.
Recommendation
It is recommended that the Planning Commission adopt Resolution No. 2009 -
recommending that the City Council adopt findings that the project is consistent with the
MSHCP; Resolution No. 2009- recommending to the City Council adoption of Mitigated
Negative Declaration No. 2008 -10; Resolution No. 2009 - recommending to the City
Council approval of General Plan Amendment No. 2008 -01; Resolution No. 2009 -
recommending to the City Council approval of Zone Change No. 2008 -02; Resolution No.
2009 -_ approving Conditional Use Permit No. 2008 -15; Resolution No. 2009 -_ approving
Variance No. 2008 -01; Resolution No. 2009 - recommending to the City Council
approval of Commercial Design Review No. 2008 -09; and Resolution No. 2009 -
approving Uniform Sign Program No. 2008 -02 based on the Findings, Exhibits "A" through
"D" and the proposed Conditions of Approval.
Prepared by: Kirt A. Coury�
Project Planner
Approved by : Tom Weiner, 0
Acting Director of Community Development
Attachments
1. LOCATION MAP
2. PLANNING COMMISSION RESOLUTIONS
3. CONDITIONS OF APPROVAL
4. EXHIBIT'A': GENERAL PLAN AMENDMENT MAP
5. EXHIBIT'B':ZONE CHANGE MAP
6. EXHIBIT'C': REDUCTION OF SITE PLAN
7. EXHIBIT'D': REDUCTION OF PRELIMINARY GRADING PLAN
8. EXHIBIT'E': REDUCTION OF BUILDING ELEVATIONS
9. EXHIBIT'F': REDUCTION OF SITE AMENITIES
10.EXHIBIT'G':UNIFORM SIGN PROGRAM NO. 2008 -02
11.EXHIBIT'H': MITIGATED NEGATIVE DECLARATION NO. 2008-10
12.EXHIBIT'I': FULL SIZE EXHIBITS
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RESOLUTION NO. 2009-
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 LAKE STREET
MARKETPLACE IS CONSISTENT WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Marinita Development Co., (the "Developer ") filed an application with
the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008 -01,
Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09, Conditional Use
Permit No. 2008 -15, Variance No. 2008 -01, Uniform Sign Program No. 2008 -02 and
Mitigated Negative Declaration No. 2008 -10 for the design and construction of a 34,194
square foot retail shopping center (the "Project') on a 4.3 -acre site located the
northwest corner of Lake and Mountain Streets (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 an 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 January 20, 2009.
1
Agenda Item No.
Page _ of _
Agenda Item No. 13
Page 45 of 86
PLANNING COMMISSION RESOLUTION NO. 2009 -
PAGE 2 OF 5
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
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. The JPR was completed
on September 23, 2008.
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.
3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal
Pools Guidelines.
The project site does encompass scattered vegetation which could be
considered a riparian resource. However, this vegetation will not be directly or
indirectly affected by the proposed project. As such, the Project is consistent
with the Riparian /Riverine Areas and Vernal 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.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
2
Agend Item o.
Pa �gen�o f lterrr No. 13
— Page 46 of 86
PLANNING COMMISSION RESOLUTION NO. 2009-_
PAGE 3OF6
The Property was assessed for suitable habitat for Criteria Area Species, set
forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these
species, including Burrowing Owl, exists on the project site. 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 UrbanANildlands Interface
Guidelines.
The MSHCP contains requirements to address anticipated urban /wildland
interface issues associated with the conservation areas. Section 6.1.4 of the
MSHCP sets forth guidelines to address indirect edge effects associated with
locating development adjacent to MSHCP Conservation Areas. These edge
effects can adversely affect the biological resources within an identified
Conservation Area. The Guidelines provide direction on drainage, the
application of toxic chemicals, lighting, noise, invasive plant species, barriers to
animal movement, and grading issues. However, the project is surrounded by
urban development, is not adjacent to any wildland areas. Consequently, the
proposed project is consistent with the provisions of the MSHCP.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The project site is surrounded by urban development and is not adjacent to any
wildland areas. In addition, the Project is non - residential, has incorporated
building setbacks and will not encroach into MSHCP conservation areas. This
area has been mapped in accordance with the MSHCP requirements. 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 project site is surrounded by urban
development and is not adjacent to any wildland areas. In addition, the Project is
non - residential, has incorporated building setbacks 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
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
3
Agenda Item No.
Pa�e`genq f ltem No. 13
age 47 of 86
PLANNING COMMISSION RESOLUTION NO. 2009-_
PAGE 4 OF 5
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 General Plan Amendment
No. 2008 -01, Zone Change.No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01, Uniform Sign Program No.
2008 -02 and Mitigated Negative Declaration No. 2008 -10, the Planning Commission
hereby recommends that the City Council of the City of Lake Elsinore adopt findings
that the Project is consistent with the MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 20 day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
4
Agend Item o.
p No. 13
Page-48 of 86
PLANNING COMMISSION RESOLUTION NO. 2009-_
PAGE 5OF5
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. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20 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.
P a end;gfl em No. 13
Page 49 of 86
RESOLUTION NO. 2009-
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 -10 FOR THE LAKE STREET MARKETPLACE
PROJECT
WHEREAS, Marina Development Company (the "Developer ") filed an application
with the City of Lake Elsinore requesting approval of General Plan Amendment No.
2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01 and Uniform Sign Program
No. 2008 -02 for the design and construction of a 34,194 square foot retail shopping
center (the "Project ") on a 4.3 -acre site located at the northwest corner of Lake and
Mountain Streets, commonly identifiable as Assessor's Parcel Nos. 389 - 030 -014, 015,
016, 017 and -018 (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
standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to
prepare and circulate Mitigated Negative Declaration No. 2008 -10 for the Project (the
"Mitigated Negative Declaration "); and
WHEREAS, pursuant to CEQA Guidelines section 15072, on December,
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 December 1b, 2008, and ending on January 10, 2009; 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
1
Agend Item o.
Pa geng�jltem- No. 13
— image 50 of 86
PLANNING COMMISION RESOLUTION 2009-_
PAGE 2 OF 4
WHEREAS, public notice of the Project and the Mitigated Negative Declaration
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 January 20, 2009.
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 and 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.
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 it 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 levels. 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.
2
Agend Item No.
P a gendg t lteM No. 13
Pag of 86
PLANNING COMMISION RESOLUTION 2009-_
PAGE 3 OF 4
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 General Plan Amendment
No. 2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09,
Conditional Use Permit No. 2008 -15, Variance No. 2008 -01 and Uniform Sign Program
No. 2008 -02, the Planning Commission hereby recommends that the City Council
approve Mitigated Negative Declaration No. 2008 -10.
SECTION 7. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
3
Agend 'AligmN l _ No. 13
Page
age of 86
PLANNING COMMISION RESOLUTION 2009 -
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
1, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20 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
4
Agend Item o.
R Ancterrr No. 13
— Page 53 of 86
RESOLUTION NO. 2009-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF
GENERAL PLAN AMENDMENT NO. 2008 -01 FOR THE LAKE STREET
MARKETPLACE PROJECT
WHEREAS, Marina Development Company (the "Developer") filed an application
with the City of Lake Elsinore requesting approval of General Plan Amendment No.
2008 -01, which will change the land use designation of Assessor Parcel Numbers 389-
030 -014, 015, 016, 017 and -018 (the "Property ") from "Low Medium Density
Residential" to "General Commercial" (the "General Plan Amendment ") allowing for the
development of a 34,194 square foot retail shopping center to be located at the
northwest corner of Lake and Mountain Streets; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
changes to the approved General Plan Land Use Map; and
WHEREAS, public notice of the General Plan Amendment 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 20, 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 proposed General
Plan Amendment, prior to making a decision to recommend that the City Council
approve the proposed amendment to the City's Land Use map. The Planning
Commission finds and determines that Mitigated Negative Declaration No. 2008 -10 is
adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA).
SECTION 2. 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 approval of General Plan Amendment No. 2008 -01:
1. The proposed General Plan Amendment will not be: a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City, or b)
injurious to the property or improvements in the neighborhood or within the
City.
As reviewed and conditioned by all applicable City Divisions and
Departments, the proposed amendment will not be detrimental to the health,
Agenda Item No. 13
Page 54 of 86
PLANNING COMMISION RESOLUTION 2009 -
PAGE 2 OF 3
safety, comfort and welfare of the persons residing or working within or near
the neighborhood of the proposed amendment..
2. The proposed General Plan Amendment will be consistent with the latest
General Plan.
The project site is designated as Low Medium Density Single Family
Residential on the City's General Plan Land Use Map. The proposed project
is inconsistent with this designation. However, the project proposes a general
plan amendment to designate the site General Commercial on General Plan
Land Use Map. The proposed commercial project is consistent with the
requested land use designation amendment.
In addition, the most recent version of the draft General Plan Update
designates the site, as well as several properties north along Lake Street, as
General Commercial.
The project is also expected to provide neighborhood - serving commercial
services that will help to reduce citywide traffic congestion and air pollution by
eliminating some vehicle trips from other currently congested areas.
Consequently, the proposed project will not conflict with any applicable land
use plan, policy, or regulation with the approval of the general plan
amendment.
General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -02 will
result in the loss of this site for housing production. Under the current
General Plan and Zoning designations, the property would be able to
accommodate approximately 20 dwelling units. While the change eliminates
this site for housing production, there are alternatives sites available in the
City to absorb these 20 dwelling units. In addition, given that the City's
General Plan Update proposes to change the land use designation for this
property to commercial, the residential dwelling units that were planned for
under our current General Plan have been redistributed to other areas of the
City pursuant to the proposed General Plan Update.
SECTION 3. Based upon all of the evidence presented, and the above findings,
the Planning Commission hereby recommends the City Council of the City of Lake
Elsinore approve General Plan Amendment No. 2008 -01.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No. 13
Page 55 of 86
PLANNING COMMISION RESOLUTION 2009-
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
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. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20` 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. 13
Page 56 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE
CHANGE NO. 2008 -02
WHEREAS, Marina Development Company (the "Developer") filed an application
with the City of Lake Elsinore requesting approval of Zone Change No. 2008 -02, which
will change the zoning designation of Assessor Parcel Numbers 389 - 030 -014, 015, 016,
017 and -018 (the "Property ") from "R -1 Single Family Residential" to "C -1
Neighborhood Commercial" (the "Zone Change ") allowing for the development of a
34,194 square foot retail shopping center to be located at the northwest corner of Lake
and Mountain Streets; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
changes to the approved Zoning Map; and
WHEREAS, public notice of the Zone Change 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 20, 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 proposed Zone
Change prior to making a decision to recommend that the City Council approve the
proposed change to the City's Zoning Map. The Planning Commission finds and
determines that Mitigated Negative Declaration No. 2008 -10 is adequate and prepared
in accordance with the requirements of the California Environmental Quality Act
(CEQA).
SECTION 2. 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 approval of Zone Change No. 2008 -02:
1. The proposed Zone Change will not be; a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
As reviewed and conditioned by all applicable City Divisions and Departments
and Agencies, the proposed zoning change will not be detrimental to the
health, safety, comfort and welfare of the persons residing or working within
or near the neighborhood of the proposed zoning change pursuant to
Conditions of Approval.
Agenda Item No. 13
Page 57 of 86
PLANNING COMMISION RESOLUTION 2009-_
PAGE 2 OF 3
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan and the development standards established with
the Lake Elsinore Municipal Code (LEMC).
The proposed rezoning is compatible with the General Plan as amended.
The project proposes a land plan that will regulate future development of
diversified and varied commercial and retail uses within the City of Lake
Elsinore. In addition, the most recent version of the public hearing draft of the
updated General Plan designates the Property, as well as several properties
north along Lake Street, as General Commercial. The proposed commercial
project will provide neighborhood - serving commercial and retail opportunities
for existing and future residents in the surrounding area. Consequently, the
proposed project will not conflict with any applicable land use plan, policy, or
regulation with the approval the general plan amendment and zone change
applications.
General Plan Amendment No. 2008 -09 and Zone Change No. 2008 -02 will
result in the loss of this site for housing production. Under the current
General Plan and Zoning designations, the property would be able to
accommodate approximately 20 dwelling units. While the change eliminates
this site for housing production, there are alternatives sites available in the
City to absorb these 20 dwelling units. In addition, given that the City's
General Plan Update proposes to change the land use designation for this
property to commercial, the residential dwelling units that were planned for
under our current General Plan have been redistributed to other areas of the
City pursuant to the proposed General Plan Update.
SECTION 3. Based upon all of the evidence presented, and the above findings,
the Planning Commission hereby recommends the City Council of the City of Lake
Elsinore approve Zone Change No. 2008 -02.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No. 13
Page 58 of 86
PLANNING COMMISION RESOLUTION 2009 -
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
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. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20 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. 13
Page 59 of 86
RESOLUTION NO. 2009-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN
REVIEW NO. 2008 -09
WHEREAS, Marinita Development Co., has filed an application requesting
approval of Commercial Design Review No. 2008 -09 for the design and development of
a 34,194 square foot retail shopping center ( "the Commercial Design Review "), which is
located at the northwest corner of Lake and Mountain Streets; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
Design Review of commercial projects; and
WHEREAS, public notice of the Commercial 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 hearing held with
respect to this item on January 20, 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 proposed request
for Commercial Design Review No. 2008 -09 prior to recommending approval to the City
Council. The Planning Commission finds and determines that the Commercial Design
Review request is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission hereby finds and determines that
Mitigated Negative Declaration No. 2008 -10 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.
SECTION 3. That in accordance with Section 17.82 of the Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the approval
of Commercial Design Review No. 2008 -09:
1. The project, as approved, will comply with the goals and objectives of the General
Plan and the Zoning District in which the project is located.
The proposed Commercial Design Review located at the northwest comer of Lake
and Mountain Streets complies with the goals and objectives of the General Plan in
that the approval of this neighborhood commercial shopping center will assist in
achieving the development of a well- balanced and functional mix of residential,
Agenda Item No. 13
Page 60 of 86
PLANNING COMMISION RESOLUTION 2009 -
PAGE2OF4
commercial, industrial, open space, recreational and institutional land uses as well
as encouraging commercial land uses to diversify Lake Elsinore's economic base.
2. The project complies with the design directives contained in Section 17.82.060 and
all other applicable provisions of the Municipal Code.
The proposed Commercial Design Review located at the northwest corner of Lake
and Mountain Streets is appropriate to the site and surrounding developments in that
the neighborhood commercial shopping center has been designed in consideration
of the size and shape of the property.
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
The proposed Commercial Design Review located at the northwest corner of Lake
and Mountain Streets as reviewed and conditioned by all applicable City Divisions
and Departments and Agencies, will not have a significant effect on the environment.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of the
property in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed
Commercial Design Review located at the northwest corner of Lake and Mountain
Streets has been scheduled for review and consideration by the Planning
Commission.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Commercial Design Review, the Planning
Commission hereby recommends that the City Council approve Commercial Design
Review No. 2008 -09.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
Agenda Item No. 13
Page 61 of 86
PLANNING COMMISION RESOLUTION 2009 -
PAGE 3 OF 4
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 13
Page 62 of 86
PLANNING COMMISION RESOLUTION 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. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20` 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. 13
Page 63 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008 -15
WHEREAS, Marinita Development Co., has filed an application requesting
approval of Conditional Use Permit No. 2008 -15 for the design and development of a
34,194 square foot retail shopping center ( "the Commercial Design Review "), which will
be located at the northwest corner of Lake and Mountain Streets (the "Project "); 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 20, 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 the Project.
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 Conditional Use Permit
No. 2008 -15 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
Mitigated Negative Declaration No. 2008 -10 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.
SECTION 3. That in accordance with the State Planning and Zoning Law, and
the Lake Elsinore Municipal Code (where applicable), the Planning Commission makes
the following findings for approval of CUP 2008 -15:
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.
Agenda Item No. 13
Page 64 of 86
PLANNING COMMISSION RESOLUTION NO. 2009 -
PAGE 2 OF 4
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 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
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 Project. 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 neighborhood 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 Specific Plan.
The proposed drive - through facility and outdoor dining areas have been
designed in consideration of the size and shape of the Project Site, thereby
strengthening and enhancing the immediate area. Further, the proposed use will
complement the quality of existing development and will create a visually
pleasing, non - detractive relationship between the proposed and existing projects,
in that the facility design has been reviewed to ensure adequate provision of
screening from the adjacent properties.
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 City has adequately evaluated the potential impacts associated with the
proposed project 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, and emergency services vehicles.
5. In approving the subject use, there will be no adverse affect on abutting property
or the permitted and normal use thereof.
The Project 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 Lake Elsinore Municipal Code
Section 17.74.50 have been incorporated into the approval of the Conditional
Agenda Item No. 13
Page 65 of 86
PLANNING COMMISSION RESOLUTION NO. 2009 -_
PAGE 3OF4
Use Permit to insure that the use continues in a manner envisioned by these
findings for the term of the use.
Pursuant to take Elsinore Municipal Code Section 17.74.050, the proposed
project has been scheduled for consideration and approval of the Planning
Commission at the regularly scheduled meeting on January 20, 2009.
SECTION 4. Based upon the evidence presented, the above findings, and the
conditions of approval, the Planning Commission hereby approves Conditional Use
Permit 2008 -15.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 13
Page 66 of 86
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. was adoptec
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20 day of January 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
►a:L�rAIII
Tom Weiner
Acting Director of Community Development
Agenda Item No. 13
Page 67 of 86
RESOLUTION NO. 2009-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2008 -01
WHEREAS, Marinita Development Co., has filed an application requesting
approval of Variance 2008 -01 for the increase in the permitted height of a proposed on-
site retaining wall height from eight feet (8') to a maximum of twenty feet (20') (the
'Variance ") for property located at the northwest corner of Lake and Mountain Streets
(the "Site "); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Variances for the requirements of the
Zoning Code; and
WHEREAS, public notice of the Variance 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 20, 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 proposed request
for Variance No. 2008 -01. The Planning Commission finds and determines that the
Variance request is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission hereby finds and determines that
Mitigated Negative Declaration No. 2008 -10 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.
SECTION 3. That in accordance with Chapter 17.76 of the Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the approval
of Variance 2008 -01:
1. That adequate conditions and safeguards pursuant to Section 17.76.050 have
been incorporated into the approval of the Variance to insure development of the
property in accord with the objectives of the General Plan and Zoning District for
which the site is located.
The proposed Variance located at the northwest comer of Lake and Mountain
Streets complies with the goals and objectives of the General Plan and Zoning
Code in that the approval of this increase in the proposed on -site retaining wall
height from eight feet (8) to a maximum of twenty feet (20) will assist in
Agenda Item No. 13
Page 68 of 86
PLANNING COMMISSION RESOLUTION 2009 -
PAGE2OF4
achieving the development of a well - balanced and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses as
well as encourage commercial land uses to diversify Lake Elsinore's economic
base.
Further, adequate conditions and safeguards pursuant to Section 97.76.050 of
the Lake Elsinore Municipal Code, have been incorporated in the approval of the
variance to insure development of the property in accord with the objectives of
the General Plan (as amended) and the purpose of the Zoning District (as
changed) in which the site is located. Approval of the Variance will allow the
project to be built in accordance with ultimate building location, site design and
development standard requirements and still maintain development consistency
with other automotive dealerships in the immediate area.
2. That there are special circumstances, pursuant to the purpose of this Chapter,
applicable to the subject property which do apply generally to other properties in
the neighborhood, and, therefore, granting of the Variance shall not constitute a
grant of special privilege inconsistent with the limitations upon other properties in
the vicinity and district in which the subject property is located.
The proposed Variance located at the northwest comer of Lake and Mountain
Streets is appropriate to the site and surrounding developments in that the
proposed increase in wall height has been designed in consideration of the size
shape and topography of the property, thereby creating interest and varying
vistas as a person moves along the street. The Variance as proposed, including
a terraced wall and landscaping, will complement the quality of existing
development and will create a visually pleasing, non - detractive relationship
between the proposed and existing projects in that the wall placement,
construction, design, color and materials will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity and
district in which the subject project is located.
3. That in approving the Variance, any reductions authorized from the strict
interpretation of the Zoning Ordinance represents the minimum deviation from
the Code necessary to fulfill the purpose of this Chapter and enable reasonable
development of the property.
In granting an increase in the proposed on -site retaining wall height from eight
feet (8) to a maximum of twenty feet (20), the City has determined that the
request for a variance will represent the minimum deviation from the Code
necessary to fulfill the purpose of this Chapter and enable reasonable
development of the property.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Variance, the Planning Commission
hereby approves Variance No. 2008 -01.
Agenda Item No. 13
Page 69 of 86
PLANNING COMMISSION RESOLUTION 2009-,
PAGE 3 OF 4
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
Agenda Item No. 13
Page 70 of 86
PLANNING COMMISSION RESOLUTION 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. was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 20 day of January 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
0 1 : : ►
Tom Weiner
Acting Director of Community Development
Agenda Item No. 13
Page 71 of 86
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, JANUARY 20, 2009
CALL TO ORDER
Chairman Zanelli called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Mendoza led the Pledge of Allegiance.
ROLL CALL
PRESENT: CHAIRMAN ZANELLI
VICE - CHAIRMAN FLORES
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
COMMISSIONER O'NEAL
ABSENT: NONE
STAFF PRESENT
Also present were Acting Community Development Director Weiner, Deputy City
Attorney Winterswyk, Public Works Director Seumalo, Planning Consultant Miller,
Planning Consultant Coury, Associate Planner Carlson, and Office Specialist Porche.
PUBLIC COMMENTS
None
PLANNING COMMISSION APPROVES THE CONSENT CALENDAR
1. _Minutes for Regular Planning Commission Meeting from December 4 2007
Recommendation: Approve as submitted.
It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza
approving the December 4, 2007 Regular Planning Commission Minutes.
Agenda Item No. 13
Page 72 of 86
Conditions of Approval and Resolutions. The applicant would also need to provide a
Variance application to address the set back issues. He stated that should the
project be approved at the Planning Commission, the project would then be
presented before the City Council for further discussion.
It was motioned by Commissioner Mendoza, and seconded by Vice- Chairman
Flores to direct staff to provide the Commission with a Resolution and Conditions of
Approval and have the applicant submit a Variance application for this project.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
VICE - CHAIRMAN FLORES
COMMISSIONER MENDOZA
COMMISSIONER GONZALES
NOES: COMMISSIONER O'NEAL
ABSENT: NONE
ABSTAIN: NONE
3. Mitigated Negative Declaration No. 2008 -10, General Plan Amendment No. 2008
Program No. 2008 -02 "Lake Street Market Place."
Chairman Zanelli opened the Public Hearing at 7:06 p.m.
Project Planner Coury provided an overview of the project to the Commission. He
expressed to the Commission that this site is part of the yet- to -be- approved General
Plan Update that is being proposed and the General Plan Update re- designates the
site from low medium residential to general commercial. He indicated that the
commercial project would include a Fresh & Easy Market as well as other shops. He
indicated the project would be constructed into two (2) phases. He noted that
access to the site would be located from two driveways, one located on Lake Street,
and the other on Mountain Street. He expressed to the Commission that a mitigated
negative declaration has been prepared. He noted that he received two letters from
two (2) tribes primarily focused on the needs for tribal monitoring. He advised the
Commission that he had a meeting with Mrs. Jimenez who is present at the meeting.
He indicated a letter from Mrs. Jimenez has been entered into the record. He also
provided to the Commission a letter from the applicant on two Conditions that are
requested to be modified. He noted to the Commission that the applicant is
requesting to modify their Sign Program requirements and indicated a letter from the
applicant outlining the modifications. He advised the Commission that staff
recommends approval of the project based on the Findings and is subject to the
Conditions of Approval. He indicated that the applicant is available to answer any
questions that the Commission may have. Agenda Item No. 13
Page 73 of 86
Dave Garrison, applicant stated that they have been working on this project for
many years. He stated that they have worked diligently with staff. He stated the
l concerns with certain Engineering Conditions. He noted that the street
improvements would not be completed until Alberhill was completed. He stated that
he would work as closely as possible with Mr. Jimenez to help mitigate his health
issues. He spoke of the Sign Program and indicated that their concerns were
submitted to the Commission.
Tom Tomlinson with Castle & Cooke spoke in favor of the project. He stated that
the project is truly needed.
Chairman Zanelli asked Mr. Tomlinson to address the street improvements.
Mr. Tomlinson replied he realizes the needs of improvements. He stated that he
has met with the developer and feels that a solution could be met.
Mrs. Jimenez, resident stated that her husband has been diagnosed with Valley
Fever which is caused by spores in the soil and any grading can cause the spores to
become airborne. She stated that the spore can travel up to 500 miles when
airborne. She indicated she is concerned that this project would impose great
danger to her husband. She pointed out that the area is not safe to the children in
the area. She noted that she has met with Mr. Garrison however have not been able
to work out a solution. She stated that if necessary she would present her issues to
the media.
Ken Crawford, engineer of the project stated that he would answer any questions
that the Commission would have.
George McDonough, resident spoke in opposition of the project stated that he just
found out about this project and stated that this area once had a project to be
located at the same location. He spoke of his concerns with the traffic on Lake
Street.
Dawn Oaks, resident of Lake Elsinore spoke in opposition for the project. She
indicated that her family also has problems with health issues due to the
environment, graffiti, dust and dirt in the area. She suggested having the project
postponed for further research.
Carlos Valle, resident spoke in opposition of the project. He stated that traffic on
Lake Street needs improvement. He noted that too many people live in that area
and hopes that the Commission would consider denying the project.
Chairman Zanelli requested the applicant to approach the podium.
Dave Garrison indicated that a soil test was not conducted. He stated that he could
not determine if there are any spores on the property.
Commission Gonzales pointed out that the spores are located everywheAgenda Item No. 13
Page 74 of 86
Dave Garrison stated that they would water down the area during the grading which
would start as soon as June 2009.
Commissioner Mendoza spoke of the General Plan of the area. He spoke of the
necessary street improvements on Lake Street and stated that he does not feel that
this is the right time for this project.
Vice - Chairman Flores asked Mr. Garrison if he would be willing to meet with the
residents in the area to discuss the issues.
Mr. Garrison replied "Certainly."
Vice - Chairman Flores indicated that he can't understand why Lake Street still has
issues. He indicated that he would not approve the project until the street has been
completed.
Mr. Garrison stated that he has no authority to do the improvements on Lake Street.
He stated he would be work with Castle & Cook and would be putting up cash
deposits.
Vice - Chairman Flores stated that there is a lot of work that needs to be completed
first.
Public Works Director Seumalo noted that the Conditions were based on the amount
of homes located in the area.
Commissioner O'Neal noted the issues with the traffic. He expressed to Ms. Jimenez
that development will continue and would not affect his decision. He noted that it
would be nice to have a public convenience store near by.
Mrs. Jimenez indicated that she has lived at her present location since 2001 and
her two sons love the area. She stated that she has tried to sell her house for three
years but has been unsuccessful. She noted that this project would require heavy
excavation, which would disturb the spores which would have an affect on her
husband.
Chairman Zanelli pointed out that the applicant offered to relocate Ms. Jimenez
during the grading of the project, but the applicant did not accept the offer.
Chairman Zanelli closed the Pubic Hearing at 8:15 p.m.
Acting Community Development Director Weiner advised the public that for those
outside of the 300 foot radius who were interested on receiving a notice on any
upcoming meetings regarding this project, that they should leave their name and
address with Office Specialist Porche.
Chairman Zanelli pointed out that the City has a new Web site that posts the Public
Hearing Agenda's including the staff reports for review. He pointed out to Mr.
Garrison that he likes the project. He requested that Public Works Dire0wJe8darttela No. 13
Page 75 of 86
to address the difference in the elevations between now and when the project would
be finalized.
Public Works Director Seumalo stated that the road elevation would be lowered
approximately seven to eight feet; however the shopping center would have already
been finaled at that elevation.
Chairman Zanelli requested the representative from Fresh & Easy to approach the
podium.
Matt Sulinski representing Fresh and Easy stated that all deliveries to the store
would be in the morning between 8:00 a.m. and 10:00 a.m. He stated that they
would have approximately 10 to 15 employees and would be open seven (7) days a
week from 7:00 a.m. to midnight.
It was motioned by Commissioner O'Neal and seconded by Vice - Chairman Flores to
adopted Resolution No. 2009 -03, recommending that the City Council adopt
Findings that the project known as the Lake Street Marketplace is consistent with the
Multiple Species habitat Conservation Plan (MSHCP).
The following vote resulted:
It was motioned by Commissioner O'Neal and seconded by Commissioner Mendoza
to adopt Resolution No. 2009 -04, recommending to the City Council adoption of
Mitigated Negative Declaration No. 2008 -10 for the Lake Street Marketplace project.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
COMMISSSIONER O'NEAL
NOES: VICE - CHAIRMAN FLORES
ABSENT: NONE
Agenda Item No. 13
Page 76 of 86
AYES:
CHAIRMAN ZANELLI
j
VICE - CHAIRMAN FLORES
I A
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
COMMISSSIONER O'NEAL
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
It was motioned by Commissioner O'Neal and seconded by Commissioner Mendoza
to adopt Resolution No. 2009 -04, recommending to the City Council adoption of
Mitigated Negative Declaration No. 2008 -10 for the Lake Street Marketplace project.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
COMMISSSIONER O'NEAL
NOES: VICE - CHAIRMAN FLORES
ABSENT: NONE
Agenda Item No. 13
Page 76 of 86
ABSTAIN: NONE
It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales
to adopt Resolution No. 2009 -05, recommending to the City Council approval of
General Plan Amendment No. 2008 -01 for the Lake Street Marketplace project.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: VICE- CHAIRMAN FLORES
COMMISSIONER MENDOZA
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner Mendoza and seconded by Chairman Zanelli to
adopt Resolution No. 2009 -06, recommending to the City Council approval of Zone
Change No. 2008 -02.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: VICE - CHAIRMAN FLORES
COMMISSIONER MENDOZA
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commission O'Neal and seconded by Chairman Zanelli to adopt
Resolution No. 2009 -07, recommending to the City Council approval of Commercial
Design Review No. 2008 -09.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: VICE- CHAIRMAN FLORES
COMMISSIONER MENDOZA Agenda Item No. 13
Page 77 of 86
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales
to adopt Resolution No. 2009 -08, approving Conditional Use Permit No. 2008 -15.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: VICE - CHAIRMAN FLORES
COMMISSIONER MENDOZA
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales
to adopt Resolution No. 2009 -09, approving Variance No. 2008 -01.
The following vote resulted:
AYES: CHAIRMAN ZANELLI
COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: VICE - CHAIRMAN FLORES
COMMISSIONER MENDOZA
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales
to adopt Resolution No. 2009 -10, approving Uniform Sign Program No. 2008 -02.
The following vote resulted:
AYES: COMMISSIONER GONZALES
COMMISSSIONER O'NEAL
NOES: CHAIRMAN ZANELLI
VICE - CHAIRMAN FLORES
COMMISSIONER MENDOZA
Agenda Item No. 13
ABSENT: NONE Page 78 of 86
ABSTAIN: NONE
Commissioner O'Neal addressed the Engineering Conditions of Approval.
Deputy City Attorney Winterswyk noted the recommended changes to the
Conditions of Approval and asked the applicant if they would be worked out prior to
the City Council meeting.
Mr. Garrison stated that he could not guarantee that the modifications to the
Conditions of Approval could be agreed upon prior to the City Council meeting;
however he stated that he would work with staff on the direction and conceptual
issues.
The Commission all agreed that before this project goes before the City Council the
Engineering Conditions must be discussed by the Commission.
Public Works Director Seumalo indicated that he agrees with the Commission and
stated that he has some optimism with respect to staff's ability to come to an
agreement with the fees. He stated that this is not a design issues but rather
figuring out how to finance the TUMF fees.
Acting Community Development Director Weiner indicated that the project is
tentatively scheduled to go before the City Council on February 10 however could
be continued to a later date to allow time for the developer and staff to work out the
Conditions.
Deputy City Attorney Winterswyk addressed for the record the following; The
modified Conditions of Approval apply to each and every of the entitlements that the
Commission has considered including the Mitigated Negative Declaration 2008 -10,
General Plan Amendment 2008 -01, Zone Change No. 2008 -02, Commercial Design
Review No. 2008 -09, Conditional Use Permit No. 2008 -15, Uniform Sign Program
No. 2008 -02 and Variance No. 2009 -01 as reflective in the documents presented on
January 20 2009.
The following are the modified Engineering Conditions of Approval that have been
entered into the record:
#55: Construct full half width street cross - section along Lake Street, consistent
with the General Plan Circulation Element. Half width street shall measure 48 -feet
from the centerline of Lakeshore Drive to the face of curb adjacent to the project.
Because of the Lake Street realignment, cash -in -lieu of construction will be
accepted. The cash -in -lieu shall be based on an approved engineer's estimate.
(Note: Applicant and City staff are in the process of making modifications to this
condition.)
#66: Provide water quality control measures to comply with the Santa Ana
Regional Water Quality Control Board requirements for the San JacintA d No. 13
Area. These provisions shall treat all water conditions leaving the site. Page 79 of 86
#71: All interim street improvements on Lake Street and ultimate improvements
j - in Mountain Street as described in these Conditions of Approval shall be installed
and functioning prior to Certificate of Occupancy.
#72: Pall all capital improvement and plan check fee (LEMC 16.34, Resolution
85 -26), mitigation fees, area drainage fees, Traffic Impact Fee (TIF), Transportation
Uniform Mitigation Fee (TUMF), encroachment permit fees, and inspection fees
associated with the project and development. The fee amount to be paid shall be
consistent with the current amount stipulated in each fee ordinance. (Note:
Applicant and the City staff are in the process of making modification to this
condition.)
#86: All improvement plans shall be digitized. At Certificate of Occupancy,
applicant shall submit tapes and /or disc which are compatible with the City's ARC
Info /GIS or developer to pay $300 per sheet for City digitizing.
#95. Deleted
#105: Applicant shall obtain approval from Santa Ana Regional Water Quality
control Board for their Storm Water Pollution Prevention Plan in the San Jacinto
Watershed Area including approval of erosion control for the grading prior to
issuance of grading permits. The applicant shall provide a SWPPP for the post
construction which describes BMP's that will be implemented for the development
including maintenance responsibilities
BUSINESS ITEMS
None
STAFF COMMENTS
Public Works Director Seumalo commented on the following:
He spoke of the road conditions on Dexter Avenue and indicated that an agreement
would be established between the City and County regarding the County's
participation on the road improvements.
Acting Community Development Director Weiner commented on the following:
He spoke of the Downtown Master Plan Public Workshop to be held on January 29
at 6:00 p.m. at the Cultural Center.
PLANNING COMMISSIONER'S COMMENTS
Commissioner O'Neal commented on the following:
He addressed an article that was published in G.Q. magazine that sp6g@ndPdWw No. 13
Elsinore and stated that he was offended by the content. Page 80 of 86
RECEVEV
APR S 2009
Bob Brady, City Man
City of Lake Elsinore
130 South Main
;ITY OF LAKE ELSIM
PLANNING DIVISIO
Lake Elsinore CA 92530
Dear Mr. Brady,
p I CLI]Vl
.G',��9 ] ri D APR
t
CITY MANAGE OFFICE
p2
As requested, I am sending this to you as I will be unable to attend the City Council Meeting on April 14,
2009 where you will be addressing General Plan Amendment (no. 2008 -01), Zone Change (no. 2008 -02)
and Commercial Design Review (no. 2008 -09. 1 will be out of State.
My first concern with the grocery chain planned for this site is that they have a history of starting a
development and then quitting leaving a half done mess. They have several developments on hold at
this time. We already have a mess on Lake Street yet to be completed by a developer who quit in
midstream leaving two unfinished roads and a dirty mess.
There are only a few residences in the area who are in favor of this store; those who are too hurried or
too lazy to drive 2 miles to pick up a quart of milk or a loaf of bread at either of two MAJOR grocery
stores.
I remember well, over a decade ago when Northshore residents fought for months to get the city to turn
down a development at Lake and Lakeshore Dr. and change the zoning to R -1 Residential which it has
been ever since. This is a community of single family homes where we all bought so we may enjoy the
rural atmosphere without the noise, crime, traffic and trash that a development such as this will bring to
our neighborhoods. And do not be misled, if the zoning is changed to commercial, there is much more
land to the East just waiting to be developed. Please, put commercial development where it belongs.
Somewhere other than residential neighborhoods. Lake Street and the 1 -15 would be perfect. Also,
there are several empty buildings just waiting for occupants. This seems to be a ploy to get a zoning
change.
Don and Kay Foster
29256 Northpointe Street
Lake Elsinore, CA 9253(951) 674 -6902
Cc: Amy Bhutta
Daryl Hickman
Melissa Melendez
Robert Magee
Thomas Buckley
c�'
Agenda Item No. 13
Page 81 of 86
THE HONORABLE ROBERT E. MAGEE JANUARY 26,2009
MAYOR, LAKE ELSINORE, CALIFORNIA
130 SOUTH MAIN STREET
LAKE ELSINORE, CA. 92530
DEAR MR MAYOR,
THE PURPOSE OF THIS LETTER IS TO INFORM THE CITY COUNCIL IN ADVANCE OF THE
INTENTION OF OUR ORGANIZATION, "VOTERS AGAINST THE LAKE STREET MARKET".
ON JANUARY 20, 2009 THE LAKE ELSINORE CITY PLANNING COMMISSION APPROVED THE
CONSTRUCTION OF A SHOPPING CENTER AT THE INTERSECTION OF LAKE AND
MOUNTAIN STREET. THE SITE COVERS APPROXIMATELY FOUR ACRES WHICH IS
CURRENTLY ZONED FOR RESIDENTIAL USE.
VERY FEW RESIDENTS WERE ADVISED OF THE PROJECT IN ADVANCE. SEVERAL OF US
READ AN ARTICLE IN THE PRESS ENTERPRISE ON JANUARY 17, 2009 CONCERNING THE
PROJECT AND, AS A RESULT, ONLY FOUR RESIDENTS ATTENDED THE PLANNING
COMMISSION MEETING.
WE PLAN TO ATTEND THE JANUARY 27, 2009 AND FEBRUARY 10, 2009 CITY COUNCIL
MEETINGS AND EXPRESS OUR CONCERNS REGARDING THE NOTIFICATION PROCESS OF
THE PLANNING COMMISSION, AS WELL AS VOICE OUR OBJECTIONS TO THE PROJECT.
AS OF TODAY WE HAVE OBTAINED THE SIGNATURES OF 203 RESIDENTS ON OUR
PETITION, MANY OF WHICH PLAN TO ATTEND EACH MEETING.
PLEASE ADVISE US IF YOU REQUIRE ANY ADDITIONAL INFORMATION REGARDING OUR
CONCERNS.
THANK YOU FOR YOUR TIME,
SALLY JIMENEZ, CHAIRPERSON
"CITIZENS AGAINST THE LAKE STREET MARKET"
714 - 273 -6559 E- MAILCIELOSCHAMB.ACi,YAHOO.COM
CC: MELISSA MELENDEZ, MAYOR PRO TEM
AMY BHUTTA, COUNCIL MEMBER
THOMAS BUCKLEY, COUNCIL MEMBER
DARYL HICKMAN, COUNCIL MEMBER
AXEL ZANELLI, CHAIRMAN PLANNING COMMISSION
JIMMY FLORES, VICE CHAIRMAN
MICHAEL O'NEAL, COMMISSSIONER
JOHN GONZALES, COMMISSIONER
PHIL MENDOZA, COMMISSIONER
TOM WEINER, ACTING DIRECTOR, COMMUNITY DEVELOPMENT
Agenda Item No. 13
Page 82 of 86
January 24, 2009
We the Undersigned voters of Lake Elsinore Oppose the
Lake Street Market Project. , ,i fAI�
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Address Phoae Date Notice?
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Page 1 of 2
Kirt Coury
From: Tom Weiner
Sent: Tuesday, March 03, 2009 9:50 AM
To: Kirt Coury
Subject: FW: We Need the Lake Street Marketplace
Fyi
Tom Weiner
Acting Director of Community Development
City of Lake Elsinore
Community Development Department
130 S. Main Street
Lake Elsinore, CA 92530
951.674.3124 ext. 270
951.471.1419 (fax)
From: Mark Dennis
Sent: Tuesday, March 03, 2009 9:48 AM
To: Tom Weiner; Bob Brady
Subject: FW: We Need the Lake Street Marketplace
FYI, a Lake Street Market Place supporter, see below.
Mark E. Dennis
Information /Communications Manager
T: 951.674.3124 x207
F: 951.674.2392
C: 951.232.7868
mdennis@lake-elsinore.org
www.lake-elsinore.org
arrY of
LADE L - S OFLE
+I DREAM EXTREME
Eswindell @aol.com [mailto:Eswindell @aol.com]
Sent: Tuesday, March 03, 2009 9:41 AM
To: Mark Dennis; Daryl Hickman; Robert Magee; Thomas Buckley
Subject: We Need the Lake Street Marketplace
Gentlemen,
I live in north Lake Elsinore. I believe the proposed Lake Street Marketplace will be an asset to the community
and will draw more people to the area to live.
Please don't let the old timers stop progress in Lake Elsinore!
4/7/2009
Agenda Item No. 13
Page 84 of 86
Page 2 of 2
Thank you for your time.
Evelyn Swindell
Phone: 951-378-8318
A Good Credit Score is 700 or Above. See yours in just 2 easy steps!
Agenda Item No. 13
4/7/2009 Page 85 of 86
From: Mark Dennis
Sent: Tuesday, March 24, 2009 1:14 PM
To: Robert Magee
Subject: FW: Fresh & Easy Market
Good afternoon Mayor:
Below is an e -mail we received regarding a "vote" in favor of the Lake St. Market Place
(Fresh and Easy).
Regards,
Mark
Mark E. Dennis
Information /Communications Manager
T: 951.674.3124 x207
F: 951.674.2392
C: 951.232.7868
mdennis @lake - elsinore.org
www.lake- elsinore.org
[ cid: image001.gif @OlC9AC82.670CAE20]
From: Dawn Bowen [mailto :bowenarrow7 @hotmail.com]
Sent: Tuesday, March 24, 2009 11:39 AM
To: Mark Dennis
Subject: Fresh & Easy Market
To the City Mayor,
HI my name is Dawn Bowen I am a resident of Lake Elsinore. I have been a longtime
homeowner & tax payer since 1997. I am in favor of the Fresh & Easy Market Place. I want
to help in the process of getting this proposal APPROVED & passed so they can start the
construction. I feel Fresh & Easy will be an asset to our community & will bring
opportunity, jobs, & revenue to our city. Please let me know if there is anything else I
can do to help make this Market Place become a reality..
Dawn Bowen
29523 La Shell St.
Lake Elsinore, CA 92530
951 -674 -1898 home
858- 583 -6050 cell
We are also closing escrow on, which will be our new residence.
15172 Biarritz St
Lake Elsinore, CA 92530
I have already been in contact with Renee Cummings & she has my email info.
Thank You,
Dawn Bowen
Dawn Bowen bowenarrow7 @hotmail.com
Agenda Item No. 13
Page 86 of 86