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HomeMy WebLinkAboutCity Council Agenda Item No. 8CITY OF - LADE P LSMOR DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MAY 12, 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 Planning Commission Meeting 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. Neighborhood Meetings Following the Planning Commission meeting, the applicant and staff scheduled 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 occurred 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. Concerns raised at these neighborhood meetings were similarly expressed and discussed during the Planning Agenda Item No. 8 Page 1 of 92 Lake Street Market Place May 12, 2009 Page 2 of 4 Commission meeting. Some of the attendees at the neighborhood meetings 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). City Council Meeting The project was duly noticed and agendized for the April 14, 2009, regularly scheduled meeting of the City Council. During the Study Session on this item of the agenda, members representing the "Voters Against the Lake Street Market Place" submitted a letter from attorney Raymond Johnson dated April 10, 2009 (see attachment No. 10: "Mr. Johnson's letter ") identifying concerns relating to the proposed Mitigated Negative Declaration (No. 2008 -10). Representatives of the Voters Against the Lake Street Market Place clarified that they have not retained Mr. Johnson and that he does not represent them. Nevertheless, based upon receipt of this correspondence, the City Council moved to continue the public hearing to May 12, 2009 to provide staff and the environmental consultant time to review and respond to Mr. Johnson's letter. Mr. Johnson's letter has been reviewed and responses have been prepared. The City's responses are set forth in the matrix letter attached here to as Attachment No. 11. Discussion Testimony Received at Planning Commission The Planning Commission heard the staff report and took testimony from the following the applicant, Dave Garrison of Marinita Development and eight (8) other members of the community. Individuals who spoke in favor of the project included: David Garrison, Tom Tomlinson of Castle & Cooke, Ken Crawford of KWC Engineering and Matt Sulinski representing Fresh & Easy. There were four (4) members of the surrounding community (Ms. Sally Jimenez, Mr. George McDonough, Ms. Dawn Oaks, and Mr. Carlos Valle) who spoke against the project citing concerns and issues previously identified (See the attached Planning Commission Minutes dated January 20, 2009). Land Use Entitlements The Planning Commission expressed satisfaction with the design and layout of the proposed project. It was the majority consensus of the Planning Commission 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. In addition, the Planning Commission found the proposed use appropriate for the site and the surrounding neighborhood. By unanimous vote, the Planning Commission approved Conditional Use Permit No. 2008 -15, Variance No. 2008 -01, and Uniform Sign Program No. 2008 -02. Approval of the foregoing entitlements will become final at such time that the City Council approves the Mitigated Negative Declaration 2008 -10, Agenda Item No. 8 Page 2 of 92 Lake Street Market Place May 12, 2009 Page 3 of 4 General Plan Amendment No. 2008 -01, Zone Change No. 2008 -02 and Commercial Design Review No. 2008 -09. CEQA Mr. Johnson's letter stated, among other things, that the evidence in the administrative record did not support the use of the Mitigated Negative Declaration because the Project will have significant impacts related to air quality, noise, geotechnical, traffic, and housing. Based on that assertion, Mr. Johnson argued that an environmental impact report ( "EIR ") must be prepared. Staff and the City's CEQA consultant reviewed the Mr. Johnson's letter and have concluded that the letter does not present a fair argument that preparation of an EIR is warranted. Staff and the CEQA Consultant prepared responses to each of the comments set forth in Mr. Johnson's letter. The response matrix is attached to this Staff Report (Attachment 11) and is incorporated herein by this reference. The information in Mr. Johnson's letter does not constitute substantial evidence, as defined in Public Resources Code §§ 21080(c) and 21082.2(c) and Sections 15064(f)(5) and 15384 of the CEQA Guidelines. The information that Mr. Johnson uses to support his position consists of argument, speculation, unsubstantiated opinion or narrative, and /or clearly inaccurate or erroneous factual statements. Mr. Johnson's letter does not consist of accurately stated facts, reasonable assumptions based on accurately stated facts, or expert opinion supported by facts. Furthermore, because Mr. Johnson's letter does not contain and is not supported by substantial evidence, the Mr. Johnson's letter does not constitute or support a fair argument that the Project may have a significant effect upon the environment or that the City must prepare an EIR. The MND that the City prepared is the appropriate CEQA document for this project. 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 Agenda Item No. 8 Page 3 of 92 Lake Street Market Place May 12, 2009 Page 4 of 4 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 and City Council Staff Report (Minutes are not available) dated April 14, 2009 9. Letters and a -mails expressing opposition and favor of the proposed project 10. Letter from Raymond W. Johnson, Esq., dated April 10, 2009 11. City's response to Raymond W. Johnson's letter Agenda Item No. 8 Page 4 of 92 VICINITY MAP LAKE STREET MARKET PLACE APN: 389 - 030 -014 THOUGH 018 M PROJECT SITE z J F co Agenda Item No. 8 Page 5 of 92 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 the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Agenda Item No. _ PagAgeadef Item No. 8 Page 6 of 92 CITY COUNCIL RESOLUTION NO. 2009- PAGE 2 OF 5 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. PagAgendet Item No. 8 Page 7 of 92 CITY COUNCIL RESOLUTION NO. 2009 - PAGE3OF5 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. Agenda Item No. PagAgendgf Item No. 8 Page 8 of 92 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 4OF5 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 12th day of May 2009. ROBERT MAGEE MAYOR DEBORA THOMSEN CITY CLERK IG1 >:Z40: I Q FI C aC011 Is] :V &I BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Agenda Item No. PagA2Lnd& T e No. 8 Page 9 of 92 CITY COUNCIL RESOLUTION NO. 2009 - PAGE5OF5 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 12th day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Agenda Item No. P agL Agendp em No. 8 Page 10 of 92 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, Marinita 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 and Agenda Item No. PagAgendO Item No. 8 Page 11 of 92 CITY COUNCIL RESOLUTION 2009 -_ PAGE 2 OF 5 WHEREAS, at the City Council's public hearing on April 14, 2009, a certain comment letter dated April 10, 2009 was submitted by Raymond W. Johnson, Esq., with the law firm of Johnson & Sedlack Attorneys, on behalf of an unidentified "group of local residents" (the "Commenter "). The Commenter's letter stated, among other things, that the evidence in the administrative record did not support the use of the Mitigated Negative Declaration in that the Project will have significant impacts related to air quality, noise, geotechnical, traffic, and housing and that an environmental impact report ( "EIR ") must be prepared. Subsequently, the City Council exercised its discretion to continue the public hearing on the Mitigated Negative Declaration and the Project to the May 12, 2009 City Council hearing in order to provide adequate time for a response to the Commenter's letter to be prepared and submitted to the City Council; and WHEREAS, the public review period for the Mitigated Negative Declaration EIR No. 478 commenced on December 10, 2008, and ended on January 10, 2009. In accordance with Section 15073 of the California Environmental Quality Act ( "CEQA ") Guidelines, the City as the lead agency, is only required to respond to comment letters received during the noticed comment period. However, the City may respond to late comments. As a result, the City prepared a certain formal response memorandum dated May 6, 2009, which addressed the comments included in the Commenter's letter, and the response memorandum was provided to the City Council for consideration at its May 12, 2009 hearing. In addition, the Developer prepared a certain formal response memorandum dated May _, 2009, which addressed the comments included in the Commenter's letter, and the response memorandum was provided to the City Council for consideration at its May 12, 2009 hearing; and, WHEREAS, the environmental issues outlined in the Commenter's letter related to air quality, noise, geotechnical, traffic, housing, and the need to prepare an EIR instead of the Mitigated Negative Declaration have been specifically and adequately addressed; and, WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 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 the recommendation of the Planning Commission and 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. Agenda Item No. PagA tinndaMe No. 8 Page 12 of 92 CITY COUNCIL RESOLUTION 2009- PAGE 3 OF 5 SECTION 3. In addition to comments received during the comment period, the City received three months after the close of the comment period the Commenter's letter at the April 14, 2009 City Council public hearing. The City Council has reviewed the Commenter's letter and concludes that the letter does not present a fair argument that preparation of an EIR is warranted on the bases set forth in the City's detailed responses, which responses are hereby incorporated by reference as though fully set forth herein. The information in the Commenter's letter does not constitute substantial evidence, as defined in Public Resources Code §§ 21080(c) and 21082.2(c) and Sections 15064(f)(5) and 15384 of the CEQA Guidelines, in that the information consists of argument, speculation, unsubstantiated opinion or narrative, and /or clearly inaccurate or erroneous factual statements and does not consist of accurately stated facts, reasonable assumptions based on accurately stated facts, or expert opinion supported by facts. The City Council further concludes that because it does not contain and is not supported by substantial evidence, the Commenter's letter does not constitute or support a fair argument that the Project may have a significant effect upon the environment or that the City must prepare an EIR. The City Council hereby finds and determines that all public comments have been adequately addressed. SECTION 4. 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 5. 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 6. 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. PagAgmdef lWm No. 8 Page 13 of 92 CITY COUNCIL RESOLUTION 2009 -_ PAGE 4 OF 5 2. There is no substantial evidence, in the light of the whole record before the agency, including the Commenter's letter, 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. 3. There is no substantial evidence in the light of the whole record before the City, including the Commenter's letter, that the preparation of an EIR instead of the Mitigated Negative Declaration is warranted or that there is a fair argument that preparation of an EIR instead of the Mitigated Negative Declaration is warranted. SECTION 7. 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 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th day of May 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Agenda Item No. Pagk Item No. 8 Page 14 of 92 CITY COUNCIL RESOLUTION 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 12 day of May 2009, and that the same was adopted by the following vote: AYES: 10 ABSENT: F.M.S1 mm DEBORA THOMSEN CITY CLERK Agenda Item No. _ Pagk Item No. 8 Page 15 of 92 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, Marinita 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 the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 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.. Agenda Item No. PagAgendef Item No. 8 Page 16 of 92 CITY COUNCIL RESOLUTION 2009 - PAGE 2 OF 3 2. The proposed General Plan Amendment will be consistent with the latest General Plan. The project proposes a general plan amendment to designate the site General Commercial on General Plan Land Use Map. Designating this land as General Commercial is consistent with the latest General Plan which plans for retail and commercial uses along Lake Street. The commercial project will provide needed shopping amenities to surrounding neighborhoods. In addition, the draft General Plan Update designates the site, as well as several properties north along Lake Street, as General Commercial. A commercial designation for this property helps to complete the City's vision for shopping opportunities along Lake Street. By providing neighborhood - serving commercial services, the project 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. Specifically, the City has recently completed the annexation process for Annexation 76, 77, 78, and 81 all of which brought into the City substantial vacant land that the City has designated for residential development. The City is committed to providing housing available to all economic segments of the community and has sufficient sites available to more than satisfy its Regional Housing Needs Allocation. 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. PagAgend& a No.8 Page 17 of 92 CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED on this 12th day of May 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 12 day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Agenda Item No. Pag@gendatltem No. 8 Page 18 of 92 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, Marinita 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 the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 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. PagAgendet tem No. 8 Page 19 of 92 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. Specifically, the City has recently completed the annexation process for Annexation 76, 77, 78, and 81 all of which brought into the City substantial vacant land that the City has designated for residential development. The City is committed to providing housing available to all economic segments of the community and has sufficient sites available to more than satisfy its Regional Housing Needs Allocation. 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. PagAgendel Item No. 8 Page 20 of 92 CITY COUNCIL ORDINANCE NO. PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED on this 12th day of May 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 12th day of May 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK Agenda Item No. PagcAc�enctm a No.8 Page 21 of 92 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 the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 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. PagAgggndgf Item No. 8 Page 22 of 92 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 reviewed and considered by the Planning Commission and City Council. 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 12th day of May 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK Agenda Item No. PagftencW Item No. 8 Page 23 of 92 CITY COUNCIL RESOLUTION 2009 - PAGE3OF3 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 12 day of May 2009, and that the same was adopted by the following vote: P\' /�`7i NOES: ABSENT: ;► DEBORA THOMSEN CITY CLERK Agenda Item No. PagAgenda Item No. 8 Page 24 of 92 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. 8 Page 25 of 92 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. 8 Page 26 of 92 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. 8 Page 27 of 92 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. 8 Page 28 of 92 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 thirty feet (30') apart and at least twenty- four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. 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. 8 Page 29 of 92 CONDITIONS OF APPROVAL PAGE 6 OF 12 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. 8 Page 30 of 92 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 ' akeghAti Dr 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. 8 Page 31 of 92 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. 8 Page 32 of 92 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 '' /i' 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. 8 Page 33 of 92 CONDITIONS OF APPROVAL PAGE 10 OF 12 LAKE STREET MARKETPLACE 87.All improvement plans and ramps 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.All 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. 8 Page 34 of 92 CONDITIONS OF APPROVAL PAGE 11 OF 12 LAKE STREET MARKETPLACE 96. draiRage easemeRtS shewn OR the final map. A nete should be added te the fiRal n;ap statiRq; "QFa easements shall be kept free of buildings and ebstruct'GRs". (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. 8 Page 35 of 92 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 Ma 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(c 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. 8 Page 36 of 92 CITY OF LADE 062 LSII`IOIZE 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" APPLICANT /: DAVID B. GARRISON, MARINITA DEVELOPMENT CO. OWNER: 3835 BIRCH STREET, NEWPORT BEACH, CA 92660 Proiect 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 AGENDA ITEM PAGE OF Agenda Item No. 8 Page 37 of 92 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. Proiect 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'. AGENDA ITEM PAGE Agen Item No. 8 Page 38 of 92 EXISTING - ON i GENERi4L PLAN - - LAND USE 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. Proiect 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'. AGENDA ITEM PAGE Agen Item No. 8 Page 38 of 92 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 • Sitin • Circulation and Parkinq 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 dia Item No. 8 Page 39 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 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 AGENDA ITEM PAGE Agen Item No. 8 Page 40 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 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 AGENDA ITEM PAGE Agen Item No. 8 Page 41 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 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 171 185 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 throughoutthe 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 11. 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 planter will be provided along the northern project boundary. AGENDA ITEM PACE Agen Item No. 8 Page 42 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 PROJECT TITLE: LAKE STREET MARKETPLACE 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 plaster finish 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: PLASTER FINISH WALLS AND CORNICE CAP "KAHLUA AND CREAM" #2161- 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 Agen Item No. 8 Page 43 of 92 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 PA Agen Item No. 8 Page 44 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 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 break up 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 for the 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 PAGE Agen Item No. 8 Page 45 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 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 analyze 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. AGENDAITEM PAGE Agen Item No. 8 Page 46 of 92 PLANNING COMMISSION STAFF REPORT JANUARY 20, 2009 PROJECT TITLE: LAKE STREET MARKETPLACE Based on staff's evaluation, the proposed projectwill 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, 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.EXHIBFT `H': MITIGATED NEGATIVE DECLARATION NO. 2008 -10 12.EXHIBIT 9': FULL SIZE EXHIBITS AGENDAITEM PAGE Agen dia Item No. 8 Pages of 92 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 �" j COMMISSIONER GONZALES I ! 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. F1 It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza approving the December 4, 2007 Regular Planning Commission Minutes. Agenda Item No. 8 Page 1 48 of 92 Conditions Approval and Resolutions. The applicant would o need to provide a Variance app ' ation to address the set back issues. He sta d that should the project be app ved at the Planning Commission, the projec would then be presented before t City Council for further discussion. It was motioned by Co missioner Mendoza, and seconded by Vice hairman Flores to direct staff to prov the Commission with a Resolution and Con ' ns of Approval and have the applica submit a Variance application for this project. The following vote resulted: AYES: CHAIRMAN ZANE VICE - CHAIRMAN COMMISSIONER COMMISSIONER COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: 'NONE 3. 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 F1 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. 8 Page of 92 Dave Garrison, applicant stated that they have been working on this project for F1 (�I many years. He stated that they have worked diligently with staff. He stated the 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 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. FI 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 everywhere. Agenda Ite No. 8 Page 50 of 92 Dave Garrison stated that they would water down the area during the grading which F1 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. F1 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 Director Seumalo Agenda Item No. 8 Page 51 of 92 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: AYES: CHAIRMAN ZANELLI F1 VICE- CHAIRMAN FLORES 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 F1 NOES: VICE- CHAIRMAN FLORES ABSENT: NONE Agenda Item No. 8 Page %2 of 92 ABSTAIN: NONE F1 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. 8 Page of 92 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. F1 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 I I NOES: CHAIRMAN ZANELLI VICE- CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE Agenda Item No. 8 Pagg)54 of 92 F1 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 staffs 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 I! 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 Jacinto Watershed Area. These provisions shall treat all water conditions leaving the site. Agenda Item No. 8 PagL of 92 F1 #71: All interim street improvements on Lake Street and ultimate improvements 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, Trani 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 F1 issuance of grading permits. The applicant shall provide a SWPPP for the post l i construction which describes BMP's that will be implemented for the development including maintenance responsibilities Public WorksVirector Seumalo commented on the • He spoke of th oad conditions on Dexter Avenue and indica d that an agreement would be estab had between the City and County rega ing the County's participation on the ad improvements. Acting Community Devel ment Director Weiner commented on the ollowing: He spoke of the Downtown star Plan Public Workshop to be held on J uary 29"' at 6:00 p.m. at the Cultural Ce er. O'Neal commented on th@ following: • He dbldressed an article that was publishbo in G.Q. magazine that spoke of Lake Elsinor and stated that he was offended by tke content. Agenda Item No. 8 PagP56 of 92 CITY OF LADELSIIYORE 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. 8 Page 57 of 92 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. 8 Page 58 of 92 �n(� ( 2� pp(��� fl LS�LS U V L5 1Il1L CE0 V ED U ARft 6 1��09 ] D APR 8_ ..2009 A ril CITY Bob Brady, City Mana CITY OF LAKE ELSINt MANAGER'S OFFICE er PLANNING DIVISIO City of Lake Elsinore 130 South Main Lake Elsinore CA 92530 Dear Mr. Brady, 2009 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 Q�� Z4 Agenda Item No. 8 Page 59 of 92 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 STTE 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-MAIL CIELOSCHAMBA n YAHoQ.gLQ . 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, COMMLSSSIONER JOHN GONZALES, COMMISSIONER PAIL MENDOZA, COMMISSIONER TOM WEINER, ACTING DIRECTOR, COMMUNITY DEVELOPMENT Agenda Item No. 8 Page 60 of 92 January 24 2009 We the Undersigned voters of Lake Elsinore oppose the Lake Street Market Project - I/- JAIL Name Address Phoae Date Notice? 7. 1-2S-o S es JO NQ - - ►-cP7 74 J NO NU Paw- Lie Cqt '3a Na 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 take 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.lak"lsinore.org CITY Of LAVE (LSIlYORL- DREAM EXTREME From: 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. 8 Page 62 of 92 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! 4/7/2009 Agenda Item No. 8 Page 63 of 92 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 @O1C9AC82.670CAE20] 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. 8 Page 64 of 92 Johnsor>,Sedlack A T T O R Ny S ocL A W xaymond W. Johnson, Esq. AICP 26755 Camino Seco, Temecula CA 92590 E—mail. EsgAICPBWildblue.net Carl T. Sedlack, Esq., Retired www.johnson - sedlack.com Abigail A. Broedling, Esq. Abby. J S L a wQ m ail . co m Veera K. Tyagi, Esq, Veera.JSLavI @mail.com Telephone 951 -506 -9925 Facsimile.' 951- 506 -9725 April 10, 2009 City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 RE: The Lake Street Marketplace Greetings: This letter is submitted on behalf of a group of local residents. Based upon a careful review of all available project documents it is clear that the evidence in the record does not support the use of a Mitigated Negative Declaration in that there will be significant project impacts. Based upon this, an EIR must be prepared. Air Quality: The Air Quality analysis in inadequate and substantially understates construction air quality impacts. While the Project will export 92,000 cubic yards of soil, the analysis does not consider the impact of the 110 round trips per day by diesel trucks hauling the exported soil, or the use of heavy equipment at the fill site. Additionally, the construction air quality analysis does not include the air quality impacts of delivering asphalt, gravel, or other building materials to the site. Similarly, the demolition phase does not include the off-site haul of demolition debris to a landfill. The URBEMIS analysis is fatally flawed. During the demolition phase, no worker trips are included. During the mass grading phase of the project the total and maximum daily acreage to be disturbed is listed as being zero. Also, no worker trips are included. The analysis also fails to consider the one hundred ten round trips truck trips taking the exported soil off site. The trenching phase also does not include worker trips. The paving phase does not include worker trips or the trips made by diesel trucks delivering asphalt to the project site. The building phase does not include worker trips or delivery of construction material to the site from distant locations. The architectural coatings section does not include worker trips. While the Air Quality analysis assumes the use of zero emission architectural coatings, there is no mitigation measure requiring that zero emission architectural coatings. Page 1 of 6 Agenda Item No. 8 Page 65 of 92 The operating air quality analysis is also deeply flawed and in fact shows, even using their own numbers, that there will be a significant operating air quality impact. In order to try to get operating air quality impacts below a level of significance, they modified the standard trip length used in the URBEMIS model. By doing so, they theoretically reduced winter NOx emissions to 54.63 pounds per day, just under the 55.00 pound per day threshold of significance. Even this slight of hand is however inadequate. The analysis does not consider the air quality impacts associated with delivery of merchandise to the project site. Notably, all deliveries to the Fresh and Easy store will come from the Tesco distribution facility, located fifty miles away at March AFB. These deliveries alone would be sufficient to exceed the NOx threshold. Even without these issues, the analysis for the entire expanded project actually exceeds the threshold of significance and an EIR must be prepared. Additionally, the global warming discussion is inadequate. There is nothing more than statements questioning global warming and discounting the project as a potential source since it is such a small project compared to the rest of the world. There is no attempt to quantify the carbon footprint of the project or discussion of ways in which that carbon footprint could be reduced. The Neg. Dec. states that the project is consistent with the AQMP. There is no justification for this. The project was not included in the AQMP, the project site was evaluated as being residential. There has been no new AQMP and no analysis of consistency with the estimates of the AQMP. The Air Quality Analysis for the Neg. Dec. states: "The results of the analysis indicate that the air quality impacts for the proposed project are significant on an individual project basis." An EIR must be prepared. Noise: The noise analysis is inadequate. It only discussed potential impacts to the properties to the north and west of the project and ignores the impact to residential properties to the east and south. Additionally, the analysis uses varying thresholds of significance for noise impacts. While the analysis establishes 50dBa for daytime and 40 dBa during night time hours, the analysis uses much higher noise levels. It should be noted that an increase of 10 dBa is perceived as being a doubling of the noise levels. It is also clear from the data that the project will violate the City noise ordinance. The noise analysis for the haul of exported dirt also understates the impact and misstates the threshold of significance. Because the analysis did not consider the residential properties to the east and south of the project, they failed to note that the noise levels at both these locations would exceed the threshold of significance. Page 2 of 6 Agenda Item No. 8 Page 66 of 92 The analysis also uses the wrong baseline for analysis. Rather than considering the existing conditions, the analysis utilizes projected future noise levels as the base. When existing baseline levels are used, at least nine locations will experience noise level increases in excess of the threshold of significance. Once again, rather than using the threshold level of 50 dBa, the study uses a threshold level of 65 dBa, three times the actual level. Additionally, the analysis clearly indicates that the noise levels during construction will exceed the thresholds of significance for adjacent products. The mere fact that the exceedances will occur only during the daytime hours does not change the fact that they exceed the threshold of significance. Nor is the fact that the noise will be temporary, only one year, change the fact that it exceeds the thresholds of significance. An EIR must be prepared. Also, it is clear that the noise levels from the individual pieces of equipment will exceed the noise ordinance. The Neg Dec also points out the fact that there is no mitigation provided to reduce construction or operational impacts to the properties to the south or east of the project. The analysis would indicate that there will be significant operational noise impacts to these properties. Also, the Neg Dec indicates that deliveries to the Fresh and Easy at night would exceed noise thresholds. The response was a mitigation measure that limits the hours for deliveries, but not to daytime hours as defined in the noise ordinance but only prohibits deliveries during approximately one half of the night time hours. In other words, Fresh and Easy will be allowed to violate the noise ordinance for approximately one half of the night time hours. Geotechnical: SOIL LIQUEFACTION From Wikipedia, the free encyclopedia Soil liquefaction describes the behavior of soils that, when loaded, suddenly go from a solid state to a liquefied state, or having the consistency of a heavy liquid. Liquefaction is more likely to occur in loose to moderate saturated granular soils with poor drainage, such as silty sands or sands and gravels capped or containing seams of impermeable sediments. During loading, usually cyclic undrained loading, e.g. earthquake loading loose sands tend to decrease in volume, which produces an increase in their porewater pressures and consequently a decrease in shear strength, i.e. reduction in effective stress Deposits most susceptible to liquefaction are young (Holocene -age, deposited within the last 10,000 years) sands and silts of similar grain size (well - sorted), in beds at least several feet thick, and saturated with water. Such deposits are often found along riverbeds, beaches, dunes, and areas where windblown silt (loess) and sand have accumulated. Some examples of liquefaction include quicksand, quick clay turbidity currents, and earthquake liquefaction. Depending on the initial void ratio the soil material can respond to loading either strain - softening or strain- hardening. Strain- softened soils, e.g. loose sands, can be Page 3 of 6 Agenda Item No. 8 Page 67 of 92 triggered to collapse, either monotonically or cyclically, if the static shear stress is greater than the ultimate or steady -state shear strength of the soil. In this case flow liquefaction occurs, where the soil deforms at a low constant residual shear stress. If the soil strain- hardens, e.g. moderately dense to dense sand, flow liquefaction will generally not occur. However, cyclic softening can occur due to cyclic undrained loading, e.g. earthquake loading. Deformation during cyclic loading will depend on the density of the soil, the magnitude and duration of the cyclic loading, and amount of shear stress reversal. If stress reversal occurs, the effective shear stress could reach zero, then cyclic liquefaction can take place. If stress reversal does not occur, zero effective stress is not possible to occur, then cyclic mobility takes place. The resistance of the cohesionless soil to liquefaction will depend on the density of the soil, confining stresses, soil structure (fabric, age and cementation), the magnitude and duration of the cyclic loading, and the extent to which shear stress reversal occurs. Although the effects of liquefaction have been long understood, it was more thoroughly brought to the attention of engineers neers and seismologists in the 1964 Niigata, Japan and Alaska earthquakes. It was also a major factor in the destruction in San Francisco Marina District during the 1989 Loma Prieta earthquake The geotechnical analysis does not identify the locations of the various test hole sites. It is not possible to tell if the sole test hole of sufficient depth was at the top of the hill. Other sites were drilled to a depth of only 10 -20 feet. The document is insufficient as an informational document because it is impossible for the decision makers or the public to evaluate the adequacy of the study. Traffic: The Ned Dec is inadequate in that the traffic study only considers opening year impacts and does not consider the future impacts of the project, particularly future cumulative impacts. The Neg. Dec. identifies four intersections which will exceed thresholds of significance for traffic impacts. Additionally, the study does not evaluate the adequacy of existing roadways and in fact appears to assume that future improvements will be put in place prior to project development. There are no requirements that these improvements actually be in place. Additionally, the study proposes the use of fair share contribution to mitigate the impacts to traffic. This alone is insufficient. There must be an existing program in place and there must be adequate funding to assure that the improvements can actually be constructed. There is no assurance that these improvements will be in place prior to the significant impact, in fact, evidence makes it relatively certain that the necessary improvements will not be in place prior to their need. It is clear that the project does not meet County standards for level of service and claims that the project is "pedestrian oriented" or "transit- oriented" are laughable. Page 4 of 6 Agenda Item No. 8 Page 68 of 92 Measures identified in the traffic studies have not been incorporated as mitigation measures. Land Use: The land use discussion does not evaluate the impact of the change in land use from residential to commercial. It merely states that a rezoning and General Plan amendment will be completed to remove any inconsistencies. The proposed project will introduce commercial development inconsistent with the existing residential uses. The project will result in increased noise levels within residential areas and will result in substantially increased traffic volumes in addition to the introduction of heavy trucks into a residential neighborhood. Similarly, the project will create significant air quality impacts in an area where they would not otherwise occur. The fact that the project cannot meet city zoning and development standards on this property is an indication that the proposed commercial designation is inappropriate. Housing: The project proposes to change the General Plan designation from residential to commercial. There is no discussion of the impact of these changes or discussion about the consistency with the General Plan Housing Element. In fact, it does not appear that there is any existing approved housing element, making any change inconsistent with the General Plan. In fact, because of the lack of an existing, approved Housing Element, the General Plan is legally inadequate and no development should be contemplated until there is a valid housing element against which a project can be compared. General Plan Consistency: The project proposes to change the General Plan designation from residential to commercial. There is no discussion of the impact of these changes or discussion about the consistency with the General Plan Housing Element. In fact, it does not appear that there is any existing approved housing element, making any change inconsistent with the General Plan. In fact, because of the lack of an existing, approved Housing Element, the General Plan is legally inadequate and no development should be contemplated until there is a valid housing element against which a project can be compared. Variances: The project requires variances for wall height. While ordinances provide for a maximum wall height of eight feet, the project requires wall heights of up to twenty feet. The justifications for these variances are legally inadequate. The need for the wall height variances is because of the project design and thus variances are not justifiable. Summary: Page 5 of 6 Agenda Item No. 8 Page 69 of 92 The mitigation measures that have been adopted are vague, uncertain and unenforceable. Also, findings are not supported by substantial evidence, nor is the analytical route from data to conclusion identified. The document fails as an informational document and there is a fair argument that there will be significant impacts. Because of the problems highlighted above, an EIR must be prepared. Thank you for your consideration. Sincerely, Johnson & Sedlack By: Raymond W. Johnson, Esq. AICP Page 6 of 6 Agenda Item No. 8 Page 70 of 92 RAYMOND W. JOHNSON, Esq. AICP 26785 Camino Seco Temecula, CA 92590 (951) 506 -9925 (951) 506 -9725 Fax (951) 775 -1912 Cellular Johnson & Sedlack, an Environmental Law firm representing plaintiff environmental groups in environmental law litigation, primarily CEQA. City Planning: Current Pl annin g • Two years principal planner, Lenexa, Kansas (consulting) • Two and one half years principal planner, Lee's Summit, Missouri • One year North Desert Regional Team, San Bernardino County • Twenty -five years subdivision design: residential, commercial and industrial • Twenty -five years as applicants representative in various jurisdictions in: Missouri, Texas, Florida, Georgia, Illinois, Wisconsin, Kansas and California • Twelve years as applicants representative in the telecommunications field General Plan • Developed a policy oriented Comprehensive Plan for the City of Lenexa, Kansas. • Updated Comprehensive Plan for the City of Lee's S Missouri. • Created innovative zoning ordinance for Lenexa, Kansas. • Developed Draft Hillside Development Standards, San Bernardino County, CA. • Developed Draft Grading Standards, San Bernardino County. • Developed Draft Fiscal Impact Analysis, San Bernardino County Environmental Analysis • Two years, Environmental Team, San Bernardino County • Review and supervision of preparation of EIR's and joint EIR /EIS's • Preparation of Negative Declarations • Environmental review of proposed projects • Eighteen years as an environmental consultant reviewing environmental documentation for plaintiffs in CEQA and NEPA litigation Representation: Agenda Item No. 8 Page 71 of 92 Raymond W. Johnson, Esq. AICP • Represented various clients in litigation primarily in the fields of Environmental and Election law. Clients include: o Sierra Club • San Bernardino Valley Audubon Society • Sea & Sage Audubon Society • San Bernardino County Audubon Society • Center for Community Action and Environmental Justice • Endangered Habitats League • Rural Canyons Conservation Fund • California Native Plant Society • California Oak Foundation • Citizens for Responsible Growth in San Marcos • Union for a River Greenbelt Environment • Citizens to Enforce CEQA • Friends of Riverside's Hills • De Luz 2000 • Save Walker Basin • Elsinore Murrieta Anza Resource Conservation District Education: • B. A. Economics and Political Science, Kansas State University 1970 • Masters of Community and Regional Planning, Kansas State University, 1974 • Additional graduate studies in Economics at the University of Missouri at Kansas City • J.D. University of La Verne. 1997 Member, Law Review, Deans List, Class Valedictorian, Member Law Review, Published, Journal of Juvenile Law Professional Associations: • Member, American Planning Association • Member, American Institute of Certified Planners • Member, Association of Environmental Professionals Agenda Item No. 8 Page 72 of 92 Raymond W. Johnson, Esq. AICP Johnson & Sedlack, Attorneys at Law 26785 Camino Seco Temecula, CA 92590 (951) 506 -9925 12/97- Present Principal in the environmental law firm of Johnson & Sedlack. Primary areas of practice are environmental and election law. Have provided representation to the Sierra Club, Audubon Society, AT &T Wireless, Endangered Habitats League, Center for Community Action and Environmental Justice, California Native Plant Society and numerous local environmental groups. Primary practice is writ of mandate under the California Environmental Quality Act. Planning - Environmental Solutions 26785 Camino Seco Temecula, CA 92590 (909) 506 -9825 8/94- Present Served as applicant's representative for planning issues to the telecommunications industry. Secured government entitlements for cell sites. Provided applicant's representative services to private developers of residential projects. Provided design services for private residential development projects. Provided project management of all technical consultants on private developments including traffic, geotechnical, survey, engineering, environmental, hydrogeological, hydrologic, landscape architectural, golf course design and fire consultants. San Bernardino County Planning Department Environmental Team 6/91 -8/94 385 N. Arrowhead San Bernardino, CA 92415 (909) 387 -4099 Responsible for coordination of production of EIR's and joint EIR /EIS's for numerous projects in the county. Prepared environmental documents for numerous projects within the county. Prepared environmental determinations and environmental review for projects within the county. San Bernardino County Planning Department General Plan Team 6/91 -6/92 385 N. Arrowhead San Bernardino, CA 92415 (909) 387 -4099 Created draft grading ordinance, hillside development standards, water efficient landscaping ordinance, multi- family development standards, revised planned development section and fiscal impact analysis. Completed land use plans and general plan amendment for approximately 250 square miles. Prepared proposal for specific plan for the Oak Hills community. Agenda Item No. 8 Page 73 of 92 DAVID HOGAN, AICP PLANNING AND ENVIRONMENTAL CONSULTING 40595 WINDSOR ROAD TEMECULA, CA 92591 (951)- 587.5692 FAx: (951) -308 -1392 May 4, 2009 Tom Weiner Acting Community Development Director City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Subject: Responses to the Comment Letter on the Lake Street Marketplace Dear Mr. Weiner, I have reviewed the contents of a comment letter dated April 10, 2009, that was delivered to the City Council at their April 14, 2009 meeting. The letter provided a variety of comments on the Draft Initial Study and related supporting documentation, as well as comments on the City's implementation of the its' General Plan. To evaluate the validity of the comments I reviewed the letter and attempted to compare the statements in the letter with the information in the Draft Initial Study, technical studies, and other referenced materials. This evaluation included discussions with the professionals involved in the preparation of the questioned technical studies. As a result of this evaluation, I have determined that the comment letter did not provide new information on potential environmental impacts, did not demonstrate areas where the environmental documents overlooked appropriate information, and did not identify areas where the documents arrived at erroneous or unsubstantiated conclusions. The results of the detailed evaluation are enclosed with this letter. In addition to the environmental comments, the comment letter also raised questions about the City's implementation of the General Plan. One of these comments questioned the effects of the Lake Street Marketplace on the implementation of the City's Housing Element. As a result, I am recommending that additional supporting information be added to the response for Section IX.b. to demonstrate the accuracy of the original conclusion. The additional information further documents that the City has approved amendments which resulted in land use changes from commercial to residential. This additional information does not alter the original conclusion contained in the document (i.e. a "Less Than Significant Impact "). A copy of the recommended errata sheet with the additional information is also enclosed with this letter. If you have any questions concerning this letter or my responses to the information in the comment letter, please feel free to contact me. Sincerely, David Hogan, AICP Agenda Item No. 8 Page 74 of 92 m 0 0 N O J_ E2 a 0 W H O W H W J z z W O U W 2 H z 0 W _N K N w V) w F O F w V) z O a LU w w "= 0 a) a) _ - N N N a) 0 m 0 ^. U 0= 0 - O CO) N (0 i M-0 ,�., = c > 0 - p Q N N CO) N N O N N a) m U N N a) N 1 m 0 O m ca c y N ° m c c: (D E c m rn� m y cw U _ c a) . a c � N p -0 (D ' o E m ° n > m� N m W 3a o a) o o L o cm. a) m9 c 3 o m a) n > o a) in o s r a w c °= mL cn c a m mL Es a) `mss ° °) m oa) -- 0_ o_ (D a) E Lcs ()Na) a _ ° 0 as E� 0 a).m a 0 t: r- o O C O Q O C L -. C U° 0 N 0 N • ° 0 O c ° N i U TU.N w ^ N U a 0 m a) m C (6 O. 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C1 -oc�m m 0 CAN ' . o� t c N o0 0 N oa a i : a)0° c ° -is °-i Lr o as.o N o c N c N c N T �.S� s o c N N w �-0 N 0'o as o p N o- Q U� O N EC1 0 ° ° m - Fu a co a) a) .c E o N o_y `m a °-� t aciUU 0 of c �U U ° h FU.. U (V F NCO fn U Q O L .� !!� N p CA U) Ln .�_. U Cl ° U " VJ O U O y O O � V L - cl 3 CL W U 0 C4 y U Q Q O U W. cd N Z a d.M 0' w W �° • o 0 . t > N ° c_ ° � E V N O O Q a U ou F ` as .cN �a �� N F" 3 > ao ° n N Agenda Item No W W r'% t ' Q) .N. 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N CU E a) @ N V N m C'� O L Mm o c CU CF a D T) m Q` a) m� Q x _ — O M O W'w m m D a t Q.O U"l v Agenda Item O rn 0 O N 0 .Q Q a) @ L m a) J C m E E O U O R% > .U+ U o ° 14. + 3 a o o r�i y • ^' N Y S� N 4i N � k U ti O b Y y p 0 0 y y > W O Y to Cd • Y N •ti O .G R) oi 3S�y�ji 'C to U"l v Agenda Item O rn 0 O N 0 .Q Q a) @ L m a) J C m E E O U O R% - O a) m w a) 0 0 w - 0 N N 'o w m Cl) N `� a) >, N a) 'a w C .� U .' 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