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HomeMy WebLinkAbout10/21/2008 PC Reports .'<i! I r\ J I Ie ! } o ... CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA AXEL ZANELLI, CHAIRMAN JIMMY FLORES, VICE CHAIRMAN MICHAEL O'NEAL, COMMISSIONER JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER TOM WEINER, ACTING DIR. COMMUNITY DEVELOPMENT WWW.LAKE-ELSINORE.ORG (951) 674;-3124 PHONE (951) 471-1419 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE; CA 92530 ******************************************************************* TUESDAY, OCTOBER 21, 2008 6:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Planning Commission with valuable information regarding issues of the community. Meetings are held on the 1st and 3rd Tuesday of every month: If you are attending this Planning Commission meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available in the Community Development Department on the Friday prior to the Planning Commission meeting. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Community Development Department at (951) 674-3124, ext. 289; at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Planning Commission. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read 8. complete a Speaker's FOnTI at the podium, prior to the start of the Planning Commission Meeting) \-. -, CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item.) CJ (1) Minutes for the Followino Plannino Commission Meetinols) a) January 15, 2008 Recommendation: Approve as submitted. PUBLIC HEARING ITEMS (Please read & complete a Speaker's Form at the podium prior to the start of the Planning Commission Meeting. The Chairman will call on you to speak when your item is called). (2) Residential De,sion Review No. 2005-28. Amendment No.1 for .Parkside Terrace" Kirt Courv. Plan nino Consultant Ext. 274. kcourv@lake-elsinore.oro Recommendation: Waive further reading and adopt a resolution recommending to the City Council approval of Amendment No.1 for Residential Design Review No. 2005-28 for the Parkside Terrace project. (3) Conditional Use Permit No. 2008-06 and Commercial Desion Review No. 2008-05 ::) . "Taco Bell" Renovation located at 31712 Mission Trail Drive Justin Carlson. Associate Planner Ext. 295. icarlson@lake-elsinore.oro Recommendation: a. Waive further reading and adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Waive further reading and adopt a resolution approving Conditional Use Permit No. 2008-06 for "Taco Bell" renovation. (4) Mitioated Neoative Declaration No. 2008-04: General Plan Amendment No. 2008- 03: Commercial Desion Review No. 2007-07 "Auto Sales and Service Center" Kirt Courv. Plannino Consultant Ext. 274. kcourv@lake-elsinore.oro Recommendation: a. Waive further reading and adopt a resolution recommending to the City Council Adoption of Mitigated Negative Declaration No. 2008-04. and ~. '-..) ~~ I c I .0 n . \..../ ".I b. Waive further reading and adopt a resolution recommending to the City Council approval of General Plan Amendment No. 2008-03, and c. Waive further reading and adopt a resolution recommending to the City Council approval of Commercial Design Review No. 2008-07. BUSINESS ITEMS STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, November 4, 2008, at 6:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, TOM WEINER, Secretary to the Planning Commission, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. /lss/l 10/15/08 TOM WEINER DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT . ~; J o ~. v (\ MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE. 183 NORTH MAIN STREET LAKE ELSINORE,CA 92530 . TUESDAY,JANUARY 15, 2008 ABSENT: CALL TO ORDER-6:00 P.M. Chairman O'Neal called the meeting to order at 6:15 PLEDGE OF ALLEGIANCE Vice-Chairman Gonzales led the Pledge of ROLL CALL PRESENT: n mmunity Development Preisendanz, Planning Manager ne tana, Public Works Director/City Engineer Seumalo, , As,~ i te Planner Resendiz, Planning Consultant Coury, ton. t, spoke of the Citizens Committee's quarterly meeting to be held on January 3 08 at 7:00 p.m. at the Tuscany Hills Recreation Center. She stated the topic would include 'What does 2008 have in store for our City", "How will the downturn in housing and business development affect our City" and "What plans are in the offering for the City". . (\ PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NOS. 1 & 2. The following items were listed on the Corisent Calendar for Planning Commission approval: . 1 Agenda No. ~ Page 1 of 13 1. Minutes of the Followino Meetinols) () Regular Planning Commission Meeting for December 18, 2007 Recommendation: Approve as submitted. " 2. Minor Desion Review of a Sinole-Familv Residence located at 29376 Turnbull Recommendation: Approval. It was motioned by Commissioner Flores, seconde approve Consent Calendar Items 1 and 2. missioner Mendoza to The following vote resulted: AYES: NOES: u No. 2007-17 and Conditional Use Permit No. 2007-03 blic Hearing at 6:18 p.m. r provided the Commission with an overview of the project. nt was present and would be available to answer any n may have. Chairman O'Ne Approval. ked the applicant if he has read and agreed to the Conditions of , " Lon Bike, architect, indicated he has read and agrees with the Conditions of .' Approval. Juan Hernandez, resident, spoke in favor of the project. He stated the car wash U would be very helpful and would provide jobs to the community. 2: Agenda No. ~ Page 2 of 13 ('. April Moore, resident, spoke in favor of the project. She stated she is.pleased.to see the recommendation is for approval. She indicated she is excited that it would become a full service car wash and provide revenue for the City. 'Harvey Harper, resident, spoke. in favor of the project. He indicated the City needs , businesses such as the car wash to bring revenue to the City and would like to see the project approved. ' ., ' ('. Robert Slaughter, resident, spoke in favor of the project. like to see the car wash approved because the' prices area are too expensive. He indicated that Rio Car W . the lake Car Wash and would like to see the project He indicated he wbuld er car washes in the friendly competition for Jacque Coonan, resident, spoke inoppositio increase of the business in .the area, i uncomfortable. She indicated she move , environment and she likes the park in t " bring loitering to the nearby park and this he stated, with the d her husband a small family wash might Joe Rivas, resident, spoke in f car wash approved. e indicated his concerns o increase the number of s parking their cars on the f the project. He indicated he attended Car Wash and felt the car wash would roved. . favor of the project. He thanked the owner of the . their community and for providing the community a . cated parking issues would probably be worked out and e applauded for investing in the City's community. Robin Gre convenient p requested the one car wash. , spoke in favor of the project. He indicated the location is a a car wash as it is located near a freeway entrance. He mission to approve the CUP as the City needs more than just ('. Nashat Damman, owner, sta~edhe and' his family are planning on moving to the City. He thanked the Commission and staff for their support. He also thanked the residents who attended the Commission and spoke on behalf of his project. He addressed the parking issue for the employees and the customers and stated it would not be an issue., 3 Agenda Jl!o. ~ . Page 3 of 13 Chairman O'Neal asked the owner if he owned other car washes. Mr. Damman indicated he owns Jeanie Car Wash in EI Cajon. u Elias Khawam, owner of Circle K1Shell Gas Station, spoke in favor of the project. . He indicated he attended the meeting to'support the car wash. He stated he spoke with Tom Grady, the owner of Lake Car Wash and indicated he tired to address his concerns of opening another car wash that is close to his location. He assured Mr. Grady that competition is good and everyone would win. Tom Grady, owner of Lake Car Wash in Lake Elsinore project. He indicated the project does not comply with Plan for the Canyon Hills/Summerhill area. He indo account for the negative significant effects on the impact, the proposed changes to the supple me add significant traffic congestion and noise and indicated the current proposal co facilities. He forwarded the Commissio Development where their only plan was require employees. He requested the Com request. in opposition of the neral Plan and Specific Staff Report failed to and cumulative traffic d the project would I neighborhood, ds employee om Abbacy erior car was' at did not eny the approval of the CUP e indicated he has driven by U 'traffic in the area. He from a self service to a full service car the EIR. ve/opment Preisendanz indicated staff conducted an roject was consistent with the previous environmental about the traffic and environmental study, and if there was o car washes. Director of C Development Preisendanz indicated there wasn't any traffic or environmenta .1 erences between self service and full service car washes. Commissioner Zanelli spoke of the concerns with traffic, parking and the lack of , employee facilities. He indicated, when the project was first designed, it was suitable for its original intention and suggested offering a Temporary Conditional Permit for a period of one year, and then reviewing the results at the end of the year. Deputy City Attorney Santana indicated the City's Code does not allow for a Temporary Conditional Use Permit, because the permit runs with the land. She . 4 Agenda No. ~ Page 4 'of 13 u ('\ indicated if the CUP is revoked in the same manner; the CUP would remain with the land., Commissioner Zanelli indicated that when a developer builds .a. project, the developer should follow through with their plan. ,He indicted he does not support the project. . . Director of Community Development Preisendanz indicated their determination on CEQA was based primarily on the additional Conditions of Approval the City set on the project and clarified those additional restrictions to the 0 ration. Commissioner Mendoza asked Mr. Grady w all issues' including 'cated he approves the Commissioner Flores indicated staff has looke environmental, parking and the areas of concern. project based on the information that was brought Mr. Grady stated the car wash was built' Commissioner Mendoza asked what the po ('\ Planning Manager Weiner indi is currently just under 52,000. Commissioner Mend has reviewed the Corporation Bu the new condi . n as grown significantly and ade ence to the Abbacy Holding new owner should adhere and abide by with the stacking of cars coming into e vacuum area is relocated, the car wash line would . wash approximately 14 to 16 cars per hour. asked if there would be a detailing area. . etailing would ,be handled under the canopy. Chairman O'Nea sked if there would be a waiting area for customers and what is the square footage. Mr. Damman indicated the waiting room is 290 square feet which would accommodate up to 16 customers. . n Chairman O'Neal asked if there would be an employee lounge. 5. Agenda No. ~ Page 5 of 13 Mr. Damman indicated there are two rooms for the employees to utilize. Hestated U one is 90 square feet and the other is attached to the detailing area which is about 200 square feet. . Mr. Grady indicated if nine cars were in the vacuum area, it would turn into a bottle neck and cars would back-up into the street and employees would loiter in the nearby park during the rainy season. Chairman O'Neal asked staff if there is a State regulation of how large a room or space is supposed to be for employees. It was motl adopt Resol Commercial De ny State regulation by Planning Manager Weiner indicated he is not awar .oSHA that may have certain requirements. Director of Community Development Preisen International Building Code that was adopte Commission. would. check the ould advise the Chairman O'Neal indicated he has a fe favor ofthe project. " ot vote in It was motioned by Commissi adopt Resolution No. 2008-02, a, d by Commissioner Flores to Permit No. 2007-23. . U The vote resulted in t missioner Mendoza, seconded by Commissioner. Flores to 2008-03, recommending to the City Council approval of Review No. 2007-17. The vote resulted in the following: AYES: VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA U NOES: CHAIRMAN O'NEAL 6 Agenda No. ~ Page 6 of 13 (\ ABSENT: COMMISSIONER ZANELLI NONE ABSTAIN: NONE Chairman O'Neal recessed the Planning Commission at 7:09 p.m. and reconvened the meeting at 7:20 p.m. . . 4. Uniform SianProaram No. 2007-08 Chairman O'Neal opened the Public Hearing at 7:21 Associate Planner Carlson provided the Com . s project. Chairman O'Neal closed the Public Hea Commissioner Flores had no comments. Commissioner Mendoza had n (\ Commissione begun. ice and noticed that grading has already airman es, seconded by Commissioner Zanelli to , approving Uniform Sign Program No. 2007-08. AIRMAN O'NEAL CE-CHAIRMAN GONZALES OM MISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI n NOES: NONE ABSENT: NONE ABSTAIN: NONE 5. Spvalass Ranch Specific Plan 7 Agenda No. --.L Page 7 of 13 Chairman O'Neal opened the Public Hearing at 7:25 p.m. u Associate Planner Carlson provided an overview of the project. He recommended approval of the project. based on the Findings and 'is subject to the Conditions of Approval. Chairman O'Neal requested the applica 2 which he read into He noted changes to Condition Nos. 13A, 13C, 130, 13F the record. Public Works Director/City Engineering Manag Conditions No. 24, 35, 39, 45, 46, 49, 69, 75, 71. noted changes to itions Nos. 60 and s recommendation to include ted Conditions 90-95 to have tity approved by the City". . d he spoke with the Ray () agreed to the changes to Eric Lunde S.' added to the p ich requests an additional 2.5 acre park e be Its the project would provide such as roof tops to n a main focus. He indicated the project would allow the housing needs. d if the owners of the house on top of the hill known as "Johnny Weiss r's House" would consider having the house become an historic monument and could be used by the City. . Chairman O'Neal closed the Public Hearing at 7:44 p.m. Commissioner Mendoza spoke of the verbiage on the Residential/Commercial. u 8 Agenda No. ~ Page 8 of 13 {'I Eric Lunde indicated some of the other projects in the area don't achieve the density that they are hoping for, then the comer wouldn't be as much interest to a commercial developer. Commissioner Mendoza inquired about the road connections. - Eric Lunde stated it is his understanding that when the General Plan Update goes through, the circulation element would be revised to reflect the road alignments. Vice Chairman Gonzales inquired about Elsinore Hill Road. Chairman O'Ne the applicant Eric Lunde indicated Elsinore Hills Road would be Canyon through the tract to the north. Vice Chairman Gonzales asked if they have h who is president of the Historical Society. Eric Lunde indicated "No," see more parks.- He asked Id be provided for the park. {'I Eric Lunde stated the parks wo lots, volleyball or basketball cou towards the regional unger children, such as tot e intense use would go ving more "green" design. He requested ning for "green" design. into when designing the houses, He on the aping. He indicated the sites are really e determined at this time. an Gonzales, seconded by Commissioner Zanelli 200 5, recommending to the City Council adoption of known as Spyglass Ranch is consistent with the Western s Habitat Conservation Plan. AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI {'I NOES: NONE 9 Agenda No. ~ Page g of 13 ABSENT: NONE ABSTAIN: NONE u It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to adopt Resolution No. 2008-06, recommending that the City Council certify Environmental Impact Report No. 2007-01. The vote resulted in the following: AYES: NOES: CHAIRMAN O'NEAL VICE-CHAIRMAN GON COMMISSIONER FLO COMMISSIONER M COMMISSIONER NONE ABSENT: ABSTAIN: It was motioned by adopting Resoluti General Plan A Commissioner Mendoza e City Council approval of u ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Flores, adopting Resolution No. 2008-08, recommending to the City Council approval of Specific Plan No. 2005-02 including the recommended changes to the Conditions of ~~. U The vote resulted in the following: 10 Agenda No: L Page 10 of 13 ('\ AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI . Hesp the Cult . He spoke 0 Central and 1- Frazier. NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Zanelli, se adopting Resolution No. 2008~09, recommen ., Zone Change No. 2005-07. om missioner Flores, ouncil approval of The vote resulted in the following: AYES: ('. Manager Seumalo commented on the following: session with the"City Council on Thursday at 5:00 p.m. at . '.' Improvement Projects including ttie Franklin Street project, improvements and the .drainage improvement at Walnut and Director of Community Development Preisendanz commented on the following: o . He spoke of the General Plan Update outreach meeting and the status of the General Plan Update. PLANNING COMMISSIONERS' COMMENTS 11 Agenda No. I Page11of13 Chairman O'Neal commented on the following: u . He inquired about the Housing Element and the General Plan Update and if the Housing Element was to be part of the General Plan. Director of Community Development Preisendanz indicated the Housing Element was adopted in 2002. He stated HOC gave the City a one-year extension which would give the City up to July 2008. . He commented on the road improvements on E anked staff Vice Chairman Gonzales commented on the following: Commissioner Mendoza commented on the ~ . He spoke of the projects that were discu for their great work. . He asked staff what the expe Community Development Prel March 2008. urse would open. Director of target date is sOmetime in Commissioner Flores c u It was adjourn to located at 1 sSlon r Zanelli, seconded by Commissioner Mendoza to 008 Regular Planning Commission meeting at 6:00 P.M. t, Lake Elsinore, CA. 92530. mission meeting adjoumed at 8:09 p.m. MICHAEL O'NEAL, CHAIRMAN PLANNING COMMISSION u Respectfully Submitted, 12 Agenda No.-L Page 12 of 13 ('\ DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING COMMUNITY DEVELOPMENT DIRECTOR (\ n 13 Agenda No. L Page 13 of 13 u u u CITY OF ~ ['~A~ \6,LSiI10~ . ~~ DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION. FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 21, 2008 PROJECT: . . RESIOENTIAL Di::SIGN REVIEW NO. 2005-28, AMENDMENT NO.1 FOR "PARKSIDE TERRACE" ! .' APPLICANT & OWNER: DAVID D. DUNHAM, PARDEE HOMES, 10880 WILSHIRE BOULEVARD, SUITE 1900 LOS ANGELES, CA 90024 (\ Proiect Reauest The applicant proposes to amend approved Residential Design Review No. 2005-28 in an effort to meet current market conditions. Proiect Location The project site is located on the north side of Canyon Hills Drive, west of Hillside Drive within the Canyon Hills Specific Plan area. The project site is further identified as Planning Area 36 within the Canyon Hill Specific Plan. Environmental Settina , Project Site Vacant North Vacant Multiple Family Residential Canyon Hills Specific Plan (MF2) (PA 36), Canyon Hills S ecific Plan . Open Space (OS) Canyon Hills Specific Plan (\ AGENDA ITE;,; rlo. d- PAGE. I Oi' J S PLANNING COMMISSION STAFF REPORT RDR 2005-28 Amendment NO.1 OCTOBER 21,2008 South Single-Family Open Space (OS) and Canyon Hills Specific Plan Residential Single Family Residential and (SF3), Canyon Hills Specific Recreation Plan . Area East Single-Family SF3 (PA 21), Canyon Hills Canyon Hills Specific Plan Residential Specific Plan (PA21\ West Vacant OS (Open Space) Canyon Hills Specific Plan (Designated Park), Canyon Hills Specific Plan Proiect BackQround On April 10, 2007, the City of Lake Elsinore City Council approved Residential Design Review No. 2005-28, in conjunction with the Canyon Hills Specific Plan Amendment No. 2, Tentative Parcel Map No. 34442 for Condominium Purposes, Conditional Use Permit No. 2005-29, and Addendum No. 2 to the Canyon Hills Specific Plan Final Environmental Impact Report. u In March of 2008, Staff began meeting with the applicant's representatives to review proposed alterations to the architectural and siting features of the project. After several U meetings, Staff believed that the accumulated proposals were of sufficient quantity and effect that the applicant needed Planning Commission approval (as prescribed in the Canyon Hills Specific Plan) of an amendment to the Residential Design Review. During this time, the approved Residential Design Review No. 2005-28 was due to expire, and Pardee Homes requested relief from this condition. The Director of Community Development determined that the project expired because of the pending issues related to the applicant's request for changes. On September 30, 2007, the applicant submitted Amendment NO.1 to Residential Design Review No. 2005-28. Proiect Description Amendment No. 1 includes a project description of architectural revisions, attached as Exhibit 'B.' The applicant also provided, as instructed by Staff, a visual comparison between the approved elevations and proposed elevations, attached as Exhibit 'C.' Analvsis The list of architectural revisions can be categorized as 1) those so minor as to be indistinguishable or equal to the approved features; and 2) those of a significant nature as to alter the quality or appearance of the buildings. The applicant's description has been separated into these two categories, with a brief explanation by Staff. Agenda Item No. d- Page L ofK u n n n PLANNING COMMISSION STAFF REPORT RDR 2005-28 Amendment No. 1 OCTOBER 21,2008 Minor Revisions. 1. In all Plans and Elevations, changing out two regulation windows with one large window is an equal feature. - 2. Proposed roof gable ends are replaced with -a two-story pop-out element. It. should be noted that the overall roof line incorporates variation avoiding an expansive 'straight' .roof line. This changecout could be considered minor. 3. Increase the size of the on-site club house outdoor pool. 4. Add a tot lot at the pool area. 5. Reduce on-site decorative paving by thirty percent (30%). Some of the reduction is a cause of meeting the Americans with Disabilities Act (ADA) requirements. 6. Add a pedestrian connection to the park. 7. Replaced the wall along the northern property line with a tubular steel view fence at the park edge. Significant Revisions 1. The elimination of stone veneer. on applicable internal building elevations. It should be noted that building elevations which had required stone veneer will keep such element ,on elevations visible from Hillside Drive and Canyon Hills Drive. 2. Elimination of window .shutters on certain building elevations. Elimination of window shutters may create an expanse of wall area, however, pot shelves and window stucco surrounds have been added and/or replaced to mitigate this scenario. 3. Building composites consist of Plans 1, 2, and '3. Plan 4 has been omitted. .In addition, each unit plan has been reduced in overall square footage. 4. Increase on-site landscape common areas by fourteen percent (14%). This has been achieved by omitting Plan' 4, thereby reducing the amount of on-site building coverage and increasing area landscaping coverage 5. Add private walled patio areas to each ground floor unit, thereby creating additional private open space. Staff finds that cumulatively the proposed changes meet the minimum quality and attractiveness of the original project, which was presented to and approved by the Planning Commission. The City of Lake Elsinore Municipal Code refers to designs that create interest, provide varying vistas, and demonstrate quality and originality (Section 17.82.060). Staff feels that the applicant has suggested acceptable alternatives without the loss of quality to the overall project design and amenities. Therefore, staff is in support of the proposed changes. Environmental Determination Environmental analysis and clearance for the Pardee Homes project is provided by Addendum NO.2 to the Final Environmental Impact Report for the Canyon Hills Specific Agenda Item No. d- Page 2.. ofK PLANNING COMMISSION STAFF REPORT RDR 2005-28 Amendment No. 1 OCTOBER 21,2008 Plan. Addendum NO.2 was approved by the City Council on April 10, 2007, to address U changes associated with Canyon Hills Specific Amendment NO.2. In accordance with California Environmental Quality Act Guidelines Section 15162, the proposed amendment does not present a substantial change or new information that would require further CEQA analysis: The environmental impacts associated with development of the project were contemplated by Addendum No. 2 to the Final Environmental Impact Report, and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for this project. RECOMMENDATION . a. Waive further. reading and adopt a resolution recommending City Council approval of Residential Design Review No. 2005-28 Amendment No.1, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, Project Planner .. . \ Tom Weiner, Acting Director of Community Developmen0W Approved By: J" u Attachments: 1. Exhibit 'A': Vicinity Map 2. Planning Commission Resolution 3. Conditions of Approval 4. Exhibit 'B': Applicant's Description of Proposed Changes 5. Exhibit 'C': Visual Comparison of Approved and Proposed Elevations u Agenda Item No. ~ Page .:L- ofJ2:: '" '" ... ... m c;- ,. 0<. :> 0 '2 'I' "- h ., .,. Z z: ... ... :> ~ 0 ., ,; 0-,. '" '" 2 2 '" '" Z z' a.. ., 0 2 Z ..., 2 j j .... :i ,. IL IL, <( , I I I ~.. I . . I II) . . - >- . \ . I . l- I I , - 0Z - !z () III ... ... ... 0 ,. ... ... IL - "'. IL ., > ... III ... -' I- 2 III ... '" i:i z ... :> :> IL 0 ., 0 0 C> -' C> 2 ... .", 2 Z ... ;:: '" h 2 ~ ... III j ~ ;;C, ... .... IL 2 ~ . "'0 ::=:=:: " " 53 " ....... . ...... .. ... . .... .:.:.:" . <U " ....... " -.I ........ .; ....... . "- Canyon Hills (\ EXHIBIT A' ( [\ ( \ ACENDA ITE:11 NO. PACE_ 5 ~ OF )5 RESOLUTION NO. 2008- U A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2005-28 AMENDMENT NO.1 WHEREAS, Mr. David Dunham, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of an Amendment to a Residential Design Review for the Parkside Terrace Condominium Community (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing, approving or denying multiple family Residential Design Review projects within the Canyon Hills Specific Plan area; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 21, 2008. , NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed U' amendment to the design and building elevations for the Parkside Terrace Condominium Community and has found them acceptable. The Planning Commission finds and determines that the Parks ide Terrace Condominium Community design is consistent with Amendment NO.2 of the Canyon Hills Specific Plan. . SECTION 2. The Planning Commission hereby finds and determines that environmental analysis and clearance for the project is provided by Addendum NO.2 to the Final Environmerital Impact Report for the Canyon Hills Specific Plan. In accordance with California Environmental Quality Act Guidelines Section 15162, the proposed amendment does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the project were contemplated by Addendum No. 2 to the Final Environmental Impact Report, and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for this project SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Residential Design Review No. 2005-28 Amendment NO.1: 1. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan Amendment No.2, as approved. The General Plan designates the project site as "Canyon Hills Specific Plan." The Canyon Hills Specific Plan Amendment No. 2 designates the project site as "MF2." U AGENl)A ITE,,! NO. d PAGE '" OF I ~ (\ (\ (\ PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 2 OF 4 The Parkside Terrace Condominium Community will ultimately lead to the construction of a multi-family condominium development that is consistent with Canyon Hills Specific Plan Amendment No.2. 2. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that it will result in the construction of multi-family attached units in. accordance with appropriate development and design standards contained in Canyon Hills Specific Plan Amendment No.2. The Project, as amended, creates interest and varying vistas as a person moves along any street within the Parkside Terrace Community. The amended Project also complements the quality of existing neighboring development and will continue to provide visually-complimenting and compatible design and architecture within the project area. 3. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project to ensure development of the property in accordance with the General Plan, Municipal Code, and Canyon Hills Specific Plan Amendment No.2. The Planning Commission has considered the Project and finds that with the attached conditions of approval, the Project complies with the purposes and objectives of the General Plan, Municipal Code and Canyon Hills Specific Plan Amendment No.2. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Commercial Design Review, the Planning Commission hereby approves Residential Design Review No. 2005-28 Amendment No. 1. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITE:r1 NO. :::;L PAGE t 01' -.J c:; PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 3 OF 4 ATTEST: " Tom Weiner Acting Director of Community Development . , Axel Zanelli, Chairman City of Lake Elsinore ., .. " i~~GENDi\ iTE;~j NO. PAGE 8 () u u d-- I S 01' (\ (\ (\ PLANNING COMMISSION RESOLUTION NO: 2008- PAGE 4 OF 4 . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) jl I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: . ABSENT: ABSTAIN: . , . '.; r"' Tom Weiner Acting Director of Community Development AGENDA m::il NO. PAGE q ). OF If CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-28AMENDMENT NO.1 FOR PARKSIDE TERRACE u GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Residential Design Review No. 2005-28 Amendment No. 1 (Parkside Terrace) project attached hereto. . . 2. The project shall continue to comply with all conditions of approval associated with Canyon Hills Specific Plan Amendment. No.2, Tentative _ Parcel Map No. 34442, Conditional Use Permit -No. 2005-29; and Residential Design Review No. 2005-28 (Parkside Terrace). 3. The applicant shall at all times comply with Section'17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50-decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 4. All exterior on-site lighting shall be shielded and directed on-site so as not to create U' glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 5. Each unit owner shall have full access to commonly owned areas, facilities and utilities. 6. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report prepared for the Canyon Hills Specific Plan. 7. The developer shall continue to comply with the terms and requirements contained in the BO and CO issued by the USFWS in 1992 for the Cottonwood Hills Specific Plan and was subsequently amended on April 19, 2002 and July 16, 2002. 8. Construction traffic shall be prohibited from the segment of Lost Road south of the the project site as a construction truck route. 9. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. RESIDENTIAL DESIGN REVIEW NO. 2005-28 10.Design Review approval for Residential Design Review No. 2005-28 will lapse and be void unless building permits are issued within two (2) years of City Council approval. U AGENDA ITE:il NO. d- PACE 10 OF Is (\ CONDITIONS'OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO..2005-28 AMENDMENT NO.1 FOR PARKSIDE TERRACE 11. 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. 12.AII 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. 13. The applicant shall incorporate windows appropriate to the building architectural style . and. subject to the review and approval of the Community Development Director or designee. . .. 14.AII roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. (\ 15. No exterior roof ladders shall be permitted. 16.Applicant shall use roofing materials with Class "A" fire rating. 17. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 19. Decorative paving shall be included afthe drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be developed pursuant to the requirements of the Canyon Hills Specific Plan. i.- 22.AII exposed slopes in excess of three feet(3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. n ACENDA ITE:,; NO. d. PAGE II Or- IS CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-28 AMENDMENT NO.1 FOR PARKSIDE TERRACE , . . u PRIOR TO BUilDING/GRADING PERMITS 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledger:nent of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Prior to the commencement of grading operations, the applicant shall provide. a map of . all proposed haul routes to be used. for movement qf dirt material.. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 25. Three (3) sets of the Final landscapingllrrigation 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. c) 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. Applicant shall plant street trees, selected from the City's.Street Tree List, a U maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. b) 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 inche~ (36"). . ' e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. , . . . f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. All landscape improvements shall be bonded 100% for material and labor for U 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 r~o. d- PAGE Id- OF I ~ h) (\ CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-28 AMENDMENT NO. 1 FOR pARKSIDE TERRACE 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. 26.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building permits, applicant shall provide assurance that all (\ requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park-in-Iieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 30. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 31. The project shall continue to comply with all conditions of approval associated with Canyon Hills Specific Plan Amendment No.2, Tentative Parcel Map No. 34442, Conditional Use Permit No. 2005-29, and Residential Design Review No. 2005-28 (Parkside Terrace). COMMUNITY SERVICES DEPARTMENT 32. The project shall continue to comply with all conditions of approval associated with Canyon Hills Specific Plan Amendment No.2, Tentative Parcel Map No. 34442, Conditional Use Permit No. 2005-29, and Residential Design Review No. 2005-28 (Parkside Terrace). (\ AGENDA !Ti:,;,] r~o. ;).- PACE /3 or:~___ CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-28 AMENDMENT NO.1 FOR PARKSIDE TERRACE u DEPARTMENT OF ADMINISTRA TIVE SERVICES 33. The project shall continue to comply with all conditions of approval associated with Canyon Hills Specific Plan Amendment No.2, Tentative Parcel Map No. 34442, Conditional Use Permit No.' 2005-29, and. Residential Design Review No. 2005-28 (parksideTerrac'e). . RIVERSIDE COUNTY FIRE DEPARTMENT 34. The project shall continue to comply with all conditions of approval associated with Canyon Hills Specific Plan Amendment No.2, Tentative Parcel Map No. 34442, Conditional Use Permit No. 2005-29, and Residential Design Review No. 2005-28 (Parkside Terrace). u u AGEr~ut\ rn~rJ r~o. ':J- _.__ I 4- P.- I c-" n n (\ PardeeHomes 10880 Wilshire Boulevard, Suite 1900 Los Angeles. California 90024-4101 Phone(310)475~25 Fax (310) 446-1291 Date: October 1 , 2008 Project: Parks ide Terrace RDR No: 2005-28, CUP No. 2005-29 Pardee Homes is requesting a Minor Design Review of the Parkside Terrace condominium neighborhood proposed at the corner of Canyon Hills Road and Hillside Drive. In an effort meet current market demands for affordable homes, Pardee is proposing a reduction in square footage of each of the typical living units. The new building plan substantially matches the original architectural character. The exteriors have been altered to enhance the end elevations of each building. No changes are proposed to the materials previously approved. However, we do propose to apply stone veneer at select areas and building elevations visible from Canyon Hills Road and Hillside Drive. The homes have the same bedroom and bathroom count as well as direct access to the attached garages. In addition, Pardee has added private exterior patios and have increased.the landscape areas in the common areas. This revision will not affect the overall approved site plan configuration, unit count, or the proposed project amenities at the Recreation Center. We have prepared for your use, a project booklet that illustrates the minor revisions. The book includes the original maps, plans and detail pages (shown in red), on the adjacent page see (shown in blue) the revisions with foot notes to the side. It is our hope that you will clearly see the benefits of the minor design change. EXHIBIT , 6' AGENDA 17Eiil ;.0. d- PAGE-15 01' Is u u u 0ITY OF ~ LA~ 6LSiNO~ , I ~fi'f#! DREAM EfTREME_ REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, " . ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 21, 2008 ' CONDITIONAL USE' PERMIT NO.. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05; A REQUEST FOR THE RENOVATION AND RELATED ONSITE IMPROVEMENTS OF THE EXISTING 2,040 SQUARE-FOOT "TACO BELL" RESTAURANT AND ASSOCIATED DRIVE. THRU LOCATED AT 31712 MISSION TRAIL DRIVE (APN: 363-172-014) MARK MOOREI7-M CORPORATION: P.O. BOX 1790, FALLBROOK, CA 92088-1780 . ROBERT E. CATHRO: 23428 CONTINENTAL WAY, CANYON LAKE, CA 92587-7768 SUBJECT: ' ('1 APPLICANT: OWNER: Project Reauest ',' The,applicant is requesting approval of a Conditional UsePermit (CUP) and a Commercial Design Review for the renovation as well as related on-site improvements to the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru located at 31712 Mission Trail (APN: 363-172-014). Project review is pursuant to Chapter 17.44 (C-1; Neighborhood Commercial Zoning District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.38 (Non-Residential Development Standards); ,and Chapter 17,74 (Conditional Use Permits). , o Backaround On November 27, 1984, the' City Council approved 'Commercial Design Review No. 84-11 for the construction of a "Taco Bell" restaurant with an associated drive-thru on a .66 acre ACEr~Dl\ 1Ti:;" rJo. 3 PACE I ~ Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 2 of 8 {) lot. Settina Project Site Commercial C-1 (Neighborhood General Commercial (GC) Commercial North Commercial C-1 (Neighborhood General Commercial (GC) Commercial South Commercial C-1 (Neighborhood East Lake Specific Plan Commercial East Commercial C-2 (General General Commercial (GC) Commercial West Commercial C-1 (Neighborhood General Commercial (GC) Commercial Proiect Location & Sitina U The proposed project site is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation. The existing ''Taco Bell" restaurant is located on a "thru" lot which permits ingress/egress via Mission Trail as well as Casino Drive; however, the existing restaurant fronts Mission . Trail. In addition to the existing restaurant, the site is fully developed and includes a drive- thru lane, (located at the northern- section of the lot and exits on Mission Trail), a trash enclosure, a striped illuminated parking lot: and existing on-site landscaping. The lot is street level at Mission Trail and gently climbs- in grade till it reaches Casino Drive. Site Plan Due to the fact that appUcant is proposing to renovate the existing restaurant, the building - and drive-thru foot print will remain as was originally designed and constructed. Presently, the building, which fronts Mission Trail, has a twenty-foot (20') setback from Mission Trail and eighty-eight foot (88') setback from Casino Drive. It should be noted that the City's Engineering Division is requiring a ten-foot (10') easement along Mission Trail and Casino U Drive. The required easement will run from the north to the south end of the property. AGENDA ITEM "3 PAGE ~ OF:::S: ( n (\ n Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 3 of 8 Presently the trash enclosure is located directly adjacent to the sidewalk at the northeast' corner of the lot. To comply with LEMC landscape setbacks along Casino Drive, the applicant is proposing to setback the trash enclosure approximately fifteen-feet from', Casino Drive. There will also be afive-foot (5') landscape planter on the interior side of the enclosure, which will separate the enclosure from the parking stalls. This will allow for landscaping to be included on all sides of the enclosure, thus effectively 'softening' its appearance. The applicant is proposing to re-design and re-stripe the existing interior parking lot. Presently, interior landscaping needs attention and the applicant is proposing to increase the size of all landscape planters so that they either meet or exceed minimal, LEMC ' requirements as well as providing full and new landscaping materials and ground 'cover. Also, the parking lot will be re-striped to meet minimum LEMC' parking space size requirements. There is an existing pedestrian access staircase along Mission Trail that will be re-Iocated a few yards south from its present location. The applicant is proposing to include decorative materials in front and on top of the staircase in an effort to create visual interest' along Mission Trail. Furthermore and to comply with all Americans with Disabilities Act, " (ADA) requirements, the applicant is also proposing to include a new ADA 'switchback' , ramp that begins adjacent to the staircase along Mission Trail and terminates at the front- entrance of the restaurant. Due to the fact that there is a significant change in grade from the base of the ADA ramp along Mission Trail to the top, aUhe front entrance to the restaurant, the applicant will have to incorporate ,low retaining walls in order to provide ramp support. In order to minimize the visibility of the proposed ADA ramp retaining walls, the applicant is proposing to include landscaping in front of the walls. Staff has also added a condition of approval that requires the applicant to incorporate decorative materials , and/or stucco on all proposed walls which are visible from the public right-of-way. Floor Plan The applicant is proposing to conduct a compete renovation to the inside of the existing restaurant. The proposed f1oor"plan will ,include a new dining area, (which will accommodate approximately forty-eight (48) seats), a drink station, order and serving area, men's and women's bathrooms, a drive-thru pick up window, food preparation area, one (1) office, dish washing area, refrigerated and dry food storage areas, and one (1) utility room. , Also, there are two (2) proposed customer entrances on the west (front) and south (side) elevations and one (1) employee/delivery entrance located at the rear of the building on the east elevation. AGENDA ITEM ':3 PAGE20F31 Conditional Use Permit No. 200S..()6 and Commercial Design Review No. 200S..()5 October 21, 200S Page 4 of S u Onsite Circulation & Parkina As indicated, the applicant is proposing to keep the parking and circulation layoutthe same as what was originally constructed. There a two (2) existing points ofingress/egress off of .' Mission Trail and Casino Drive. To access the drive-thru, patrons will enter the northeast corner and circulate around the north side of the building. Once the transaction has been completed, patrons will then exit the drive-thru onto Mission Trail. In order to meet interior landscaping' requirements as. mandated by the LEMC, the. applicant is proposing to reduce the amount of parking spaces. The applicant is proposing thirty-one spaces, with two (2) dedicated to disabled parking. All parking spaces will be designed at 90-degree angles and will meet minimum LEMC requirements of nine-feet (9') in width and eighteen-feet (18') in length. Architecture The applicant is proposing to renovate and enhance the exterior elevations of the existing "Taco Bell" restaurant using elements reflective of "Santa Barbara" architecture. The west, U (facing Mission Trail) elevation will include a "Santa Barbara" stucco finish, an architectural canopy and pop-outs, stone veneer wainscot, and a decorative porte-cache with an "S".tile roof and exposed out lookers. The south, (facing the interior parking lot), elevation will include a "Santa Barbara" stucco finish,stone veneer wainscot, an architectural canopy and pop-outs, an "S"-tile roof, out lookers, decorative window treatments and wall mounted lighting fixtures. The rear, (facing Casino Drive), elevation will include a decorative architectural treatment with trellis, which will assist in shielding the rear service doors and equipment, a "Santa Barbara" stucco finish, and a decorative porte-cache with an "S"-tile roof and exposed out lookers. The north, (drive-thru), elevation will include and a decorative porte-cache with an "S"-tile roof and exposed out lookers, a "Santa Barbara". stucco finish, and decorative wall- mounted light fixtures. . Landscapina The applicant is proposing to enhance the existing landscaping onsite. The proposed and' existing landscaping will include approximately 6,518 square-feet or twenty-two (22%) percent of the overall site. All interior parking lot planter beds will be increased in size and U will include new materials, landscaping will be included on all four (4) sides of the building, and all perimeter landscaping will either be increased and/or revised with new materials. AGENDJ).ITEM .'1 I PAGE ~ OF::g (\ Conditional Use Permit No. 200S-06 and Commercial Design Review No. 200S-05 October 21, 200S Page 5 of S There are currently existing mature "eucalyptus" and "liquid Amber" trees along Mission Trail and Casino Drive as well as at the north and south property lines. The applicant is proposing to incorporate "Brisbane Box" and "Eastern Redbud" trees throughout the parking lot and around the building. It should be noted that all proposed trees will be a minimum size. of twenty-four inch (24") box. In addition to the incorporation of new trees, the applicant is proposing a new palette of shrubs, groundcovers, and boulders. Throughout the site, the applicant will incorporate five (5) gallon "Wax Leaf' Privets and "New Zealand" flax shrubs, as well as five (5) gallon "Fortnight" and "Day" lilies. New turf, "Star Jasmine" plants, and omamental boulders will be incorporated to enhance the existing onsite landscaping. It should be known that the . applicant is also proposing to incorporate climbing vines around the proposed trash enclosure. Colors & Materials (\ .r,9Jii(e~(; ,1,11, Prima Wall Color Accent Wall Color Accent Band Color Galvanized Parapet Color Stone Wainscot "S"-Tile Roof ~",.",. -~~,-Q "Southwest Camel Back" "Southwest Amber Wave" "Southwest Rockwood Cia "Southwest Iron Ore" "Caramel Mountain "EI Camino Blend" 5" Stucco Stucco Stucco Metal Stone Veneer Clay Analvsis Sitina (\ The existing site plan, with attached conditions of approval, meets all applicable development standards and criteria outlined in the C-1 (Neighborhood .Commercial) Zoning district and the Non-Residential development standards outlined in Chapter 1,7.38 of the LEMC, including but not limited to, setbacks and building. height. Although, the C-1 (Neighborhood Commercial) Zoning district does-not have a minimum lot coverage or: minimum f1oor-area-ratio (FAR) section within the LEMC, the existing building, with renovation improvements, will have a lot coverage/FAR of approximately seven percent (7%). However, the proposed lot coverage/FAR for the proposed project complies with the - FAR requirements as outlined in the General Commercial General Plan designation. The - General Commercial General Plan designation permits a maximum density development. , FAR of forty percent (40%). AGENDIW"EM 3 PAGE.:L of::!I1 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 6 of 8 u Onsite Circulation & Parkina The circulation, parking space layout, and parking space requirements, meets all requirements set forth in Chapter 17.66 (Parking Requirements) of the LEMC. Staff has determined that twenty-three (23) spaces are required forthe customer area' and six (6) spaces are required for the non-customer area, based on LEMC requirements of one (1) space for each forty-five square-feet of customer area, plus one (1) space for each two- hundred (200) square-feet of non-customer area. To exceed the requirement of twenty- nine (29) spaces for the site, the applicant is proposing thirty (30) spaces; with two (2) dedicated to disabled parking. Drive- Thru Facilitv The existing drive-thru facility will meet all LEMC requirements in that it will accommodate approximately eight (8) stacked vehicles. Moreover, the lane will be sufficiently buffered and screened from surrounding properties and uses given the existing setback and onsite landscape improvements. Architecture u The proposed exterior renovation of the "Taco Bell: complies with the Architectural Design Guidelines listed in the Community Design Element of the Lake Elsinore General Plan. Additionally, the proposed .Santa Barbara. architecture has been designed to achieve harmony and compatibility with surrounding commercial buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated architectural features and pop-outs along the exterior walls, various window shapes, stone veneer wainscot, and a combination of "S"-Tile roof and parapets, which will create depth and shadowing. Landscaoina The proposed revised and enhanced landscaping for the' site complies with the requirements set forth within Lake Elsinore Municipal Code Sections 17.44.070 arid 17.66.100. The proposed landscaping improvements will serve to enhance the building' design and soften portions of the building elevations, provide shade and break-up expanses of pavement and the drive-thru facility within the parking lot as well as compliment and buffer surrounding properties and associated land uses. Colors & Materials The colors and materials proposed for this project meet the intent of the Architectural ' U Design Guidelines listed in the Community Design Element of the City's General Plan AGENDA,ITEM ~ PAGE: JI2. OF ....::11 (\ (\ n Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 7 of 8 because the colors and materials produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing and proposed landscaping. Environmental Determination Staff determined that the Project is categorically exempt from the Califomia Environmental Quality Act (Cal. Pub. Res. Code 9921000 et seq.:"CEQA") and the CEQA Guidelines (14 C.C.R. 9915000 et seq.), specifically pursuant to Section 15301 (d) and (e) (Existing Facilities). The Project is an existing facility that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Furthermore, any addition to the existing structure will not result in an increase of more than fifty percent (50%) of the floor-area of the structure(s) before the addition. Recommendation a. Waive further reading and adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Waive further reading and adopt a resolution approving Conditional use Permit No. 2008-06 for "Taco Bell", based on the Findings, Exhibits, and proposed Conditions of Approval, and c. Waive further reading and adopt a resolution recommending City Council approval of Commercial Design Review No. 2008-05 for "Taco Bell". based on the Findings. Exhibits, and proposed Conditions of Approval. Prepared By: Justin Carlson, Associate Planner Tom Weiner~ Acting Director of Community Development Approved By: AGENDA ITEM '3 PAGE.:z. OF ::g:: ( Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21,2008 Page 8 of 8 u Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Site Plan (8 Yo" X 11") 7. Existing Site Plan/Survey (8 %" X 11") 8. Preliminary Grading Plan (8 Yo" X 11") 9. Proposed Floor Plan (8 Yo" X 11 ") . 1 O. Proposed Roof Plan (8 Yo" X 11") 11. Elevations (8 %" X 11") 12. Existing/Demo Floor Plan (8 Yo" X 11 ") 13. Existing "Taco Bell" Elevations (8 %" X 11") 14. Existing/Proposed Landscape Plan (8 Yo" X 11") 15. Materials and Colors Board (8 %" X 11 ") 16. Full Size Plans u u AGENDJ).ITEM 3 PAGE !1.-oF::9::1 n VICINITY MAP CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05 . . "TACO BELL RENOVATION" 0:: '0 '0 'Z :0 ,~ :~ Ci PLANNING COMMISSION ACENDA ITE~;; NO. '::3 4r PACE 't 0': I RESOLUTION NO. 2008-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA,' RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS "TACO BELL" RENOVATION IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) u WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. The project is generally located two- hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; 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 U 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 not located within an MSHCP criteria cell and therefore, the Project was not processed through a LEAP nor JPR; and. . WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and . WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and . WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this U' item on October 21,2008. Agenda lIeJl1 No.3. Page Ji?... of:::!:II PLANNING COMMISSION RESOLUTION NO. 2008-__ PAGE 2 OF 4 (' NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: . SECTION 1. The Planning. Commission has considered the proposed application and its consistency with the MSHCP prior to making. a decision to recommend that the City Council adopt findings that the Project is consistent. with the MSHCP. SECTION 2. That in accbrdance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. . The Property is not located within a MSHCP criteria cell. As such, the Project was not processed through the LEAP and JPR, but was reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vemal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. n t, \ As stated above, the Property is not located within a MSHCP criteria cell and therefore the Project was not processed through the LEAP andJPR . I 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vemal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarciing 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 601.3: No further action regarciing this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. (' Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. Agenda Item No. '3 Page -1L of:::g] PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 3 OF 4 6. Guidelines. The proposed project is consistent with the UrbanlWildlands Interface u The Project involves a remodel of an existing commercial facility. There are no vacant or conserved lands on or adjacent to the Property. As such, the Project is not " subject to the Urban/Wildlands Interface .Guidelines set forth in Section 6. 1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is 'consistent with the Vegetation Mapping requirements. . . The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. None. of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. 8. Guidelines. The proposed project is consistent with the Fuels Management 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 involves a remodel of an existing commercial facility, and there are no vacant or conserved lands on or adjacent to the Property for which the .Fuels Management Guidelines (Section 6.4) would apply. No further action U 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. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the. MSHCP. No further actions related to the MSHCP are required. SECTION'3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Commercial Design Review No. 2008-05 and CUP No. 2008-06, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. " . SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption." u Agenda Item No.3 Page ~.of"3I1 PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE40F4 (\ PASSED, APPROVED AND ADOPTED on this 21st day of October 2008. . Axel Zanelli, Chairman' City of Lake Elsinore , ATTEST: '. Tom Weiner . . Acting Director of Community Developll,lerit I: n STATE OF CALIFORNIA COUNTYOF RIVERSIDE, CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Commuflity Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: . ABSTAIN: !. ' Tom Weiner Acting Director of Community Development , . (\ . ; Agenda Item No. '3 Page.l3. of '31 RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-06 . WHEREAS, Mark Moore of.7 -M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru; and WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, The proposed project is within the C-1 (Neighbor~ood Commercial) Zoning district and the General Commercial (GC) General Plan land Use designation; and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on October 21, 2008 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the. proposed Conditional Use Permit No. 2008-06 prior to rendering its decision and finds that the' requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2008-06 is categorically exempt from the California Environmental Quality Act (Public Resources Code SS 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations SS 15000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the project is an existing facility and associated drive-thru that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code ACENDA ITEM NO. 3 PA~E~~ u u u PLANNING COMMISSION RESOLUTION NO. 2008- PAGE20F4 o development requirements. Furthermore, the Planning Commission finds that any addition to the existing structure will not result'in an increase in of more than fifty- percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2008-13: . 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives ofthe General Plan and the purpose of the planning district in which the site is located. Issuance of this' Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the G,ity. o All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare' of the surrounding industrial development or the City. 3. The site for the intended use is adequate in size and shape to . accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is for the renovation as well as related onsite improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru located at 31712 Mission Trail Drive (APN: 363-172-014) only. The projects development requirements and parking needs have been analyzed and staff has determined that the proposed use will compliment the existing use, based on the submitted plans and attached conditions of approval. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and . o quantity of traffic generated by the subject use. The existing "Taco Bell" restaurant drive-thru facility has been reviewed in relation to the width and type of pavement needed to carry T.8EWC:lf~gi?!f.an~ty . PAGE I ~ OF-.-!iL PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 3 OF 4 of traffic generated. The City has adequately evaluated the potential impacts U associated with the proposed facility prior to any renovations/modifications and . has conditioned the project to 'be served by roads of adequate. capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. . . 5. In approving the subject use, there will be no adverse affect on. abutting property or the permitted and normal use thereof. The CUP has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant-to' Lake Elsinore Municipal Code Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to. insure that the use continues in a manner.envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the proposed '7aco Bell" renovation has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on October 21 2008. . SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional U Use Permit No. 2008-06. . . SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 21 sl day of October, 2008. ATTEST: Tom Weiner Acting Director of Community Development Axel Zanelli, Chairman City of Lake Elsinore U AGENDA liEr~j N06 3 PAGE..lk-O"F Lf I n n n PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, ACting DireCtor of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development AGENDA ITEM NO. 3_ PAcd"" ~ RESOLUTION NO. 2008-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2008-05 u WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Commercial Design No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" resta.urant and associated drive-thru; and WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon. Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use d~signation; and WHEREAS, the Developer proposes the project on a fully developed existing .66 acre site located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the Design Review includes design details for the renovation as U well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding commercial projects; and WHEREAS, public notice of the project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 21s" 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the 'Taco Bell" restaurant, drive-thru, and related on-site improvements prior to making a decision and has found them acceptable. SECTION 2. The Planning Commission hereby finds and determines that Commercial Design Review No. 2008-05 is categorically exempt from the California Environmental Quality Act (Public Resources Code SS 21000 et seq.: "CEQA") and the u Agenda Ile'm No. 3 Page l.a of:::!D (\ (\ n PLANNING COMMISSION RESOLUTION NO. 2008- PAGE20F3 Guidelines for Implementation of CEQA (14 Califomia Code of Regulations 99 15000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the project is an existing facility with associated drive-thru that will be remodeled in order to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Furthermore, the Planning Commission finds that any addition to the existing structure will not result in an increase in of more than fifty-percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2008-05: 1. The project, as approved, will comply with the goals and objectives of the . General Plan and the Zoning District in which the site is located. The General Plan and Zoning Map designate the site for (C-1) Neighborhood Commercial. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The purpose of the design review process is to ensure that new development occurs enhances the character and quality of surrounding properties. The project was . reviewed as to scale, relationships to buildings and surrounding uses, and architectural treatment to ensure that it visually contributes to the area. Buffer areas for landscaping have been provided and designed so as to compliment existing surrounding commercial development. 3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees and evidence of compliance with conditions, have been incorporated .into the approval of the subject project to insure development of the property in accordance. with the objectives of this Chapter and the C-1 Zone.. The project has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone,. as well as other requirements within the Municipal Code that address compatibility with adjacent uses. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the Planning Commission hereby recommends City Council approval of Commercial Design Review No. 2008-05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. '3 Page il of W-, PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED on this 21STday of October 2008. ATTEST: . Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) Axel Zanelli, Chairman City of Lake Elsinore I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Item No. L Page .a:c. of ---L!. u u u r\ ("'\ CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL - USE PERMIT NO. 200S.Q6 AND COMMERCIAL DESIGN REVIEW NO. 200S.Q5 (TACO BELL RESTAURANT AND ASSOCIATED DRIVE-THRU RENOVATION AS WELL AS ON-5ITE IMPROVEMENTS) PLANNING DIVISION GENERAL CONDIT/ONS ",l' ., 3. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original copy to' the Community Development Department for inclusion in the case records. 4. _ The applicant shall comply with any/all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays.. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district. , 8. The Conditional Use Permit approved herein shall lapse - and shall become void one (1) year following the date on which the use permit became effective, unless AGENDA ITEM NO. .3 PAr.~ d-L OF 4 (. prior to the expiration of one (1) year a building permit is issued and construction () commenced and diligently pursued toward completion on the site. 9. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 10. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 11. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a building permit. 12. The Commercial Design Review approved herein is good for two (2) years from the date of approval. After the two (2) years has expired, an extension for a third (3'd) year may be granted by the Director of Community Development. After the third (3rd) year extension expires, the applicant may be granted a final extension for one (1) year or fourth (4th) year and final extension; subject to the review and approval of the approving body. u 13. Brisbane Box trees can become too big.for the proposed parking lot planters. The applicant shall submit a revised landscaped plan that shows a more appropriate species to be reviewed and approved by the City's Landscape Architect. 14. The project shall comply with any/all requirements of the Parks & 'Recreation Department. 15. The project shall comply with any/all' requirements of the Building & Safety Division. 16. All parking stalls, other than disabled parking stalls, shall be striped with double. lines two-feet (2') apart and all strips shall have a minimum width of four inches (4"). 17. Decorative paving treatments shall be incorporated at all ingress/egress points along Mission Trail and Casino Drive and the entrance and exit of the proposed d rive-th ru. 18. All existing/proposed walls/retaining walls visible from the public right-of-way shall include decorative exterior materials or stucco. If the applicant Proposes to, u AGENDA ITEM ~~O. 3 PACE ;).;;) OF If I (\ incorporate stucco, the applicant shall match the, stucco style and color of the proposed restaurant. . 19. The existing retaining wall located within the southwest planter bed along Mission Trail shall be removed. ,- 20. A rain sensor shall be provided for the project, which will assist in the conservation' of water. 21. All exterior or ground mounted equipment, service equipment, grease traps, etc., shall be effectively screened from public view. 22. All exterior roof access . ladders and roof mounted equipment shall be located within the building and be located below the roof parapets, so as to not be visible from public view; PRIOR TO THE ISSUANCE OF BUILDING PERMITS 23.' The applicant shall pay any/all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. . " 24. Any/all applicable fees shall be paid, prior to the issuance of a building permit. (\ 25. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that the planter bed at the southwest corner of the property has- a minimum setback of fifteen-feet (15') and an average setback of twenty-feet (20'). (\ - 26. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that the internal parking lot planting equals a total of five-percent (5%) of the overall landscaping percentage. ' 27. Prior to the issuance of a building permit, the applicant shall submit a revised' landscape.plan that indicates that there is a minimum of one (1) twenty-four inch (24") box tree for every five (5) parking spaces. ' 28. Prior to the issuance of a building permit, the applicant shall submit a photometric study, which indicates that proposed project has a minimum of one-foot (1 ') candle throughout the site and five-foot (5') at all building entrances. 29. Prior to the issuance of a building permit, the:applicant shall submit elevations of' decorative parking lot fixtures as well as wall mounted fixtures to be reviewed and approved by the Director of Community Development or his/her de.signee. All parking lot lighting and wall mounted lighting fixtures shall reflect the architectural style of the proposed restaurant. . ACE1JDA m::il ~JO. PACEd-~ 3 OF 'l.fI 30. . Prior the issuance of a building permit, the applicant shall submit elevations of the U proposed trash enclosure. The trash enclosure shall have a solid roof, decorative front-doors, and shall be constructed with like materials to reflect the architectural style of the proposed restaurant. The trash enclosure elevations shall be reviewed . and approved by the Director of Community Developmentor his/her designee. 31. Prior to the issuance of a building permit, the applicant shall submit a revised <. landscape plan that shows that the applicant has incorporated a landscape berm with shrubs planted on the top within the landscape planter between Casino Drive and the proposed drivecthru. The height of the landscape berm and the materials to be planted on top shall be reviewed and approved by the City's Landscape Architect. The minimum landscape berm height shall be high enough as to effectively screen the existing drive-thru lane from public view along Casino Drive. , . . 32. Prior to the issuance of a building permit, the applicant shall submit a line-of-site plan from all elevations, so as to verify that all roof mounted equipments is not visible and effectively screened from public view. 33. Prior to the issuance of a building permit, the applicant' shall submit a revised landscape plan, which indicates that all proposed street trees along Mission Trail and Casino Drive are selected from the City approved street tree list. 34. Decorative paving treatments shall be incorporated at all building entrances. u 35. The proposed exposed out lookers and trellises shall be painted so as to resemble a stain representative of a "Santa Barbara': wood stain. PRIOR TO THE ISSUANCE OF A CERTlFICA TE OF OCCUPANCY 36. The applicant shall meet all conditions of' approval prior to the issuance of a certificate of occupancy. 37. Prior to the issuance of a Certificate of Occupancy, the applicant shall have . processed and received Planning Commission approval of a Uniform Sign Program for all building mounted, free-standing, and directional signs for the proposed "Taco Bell". All proposed signs shall architecturally reflect the newly renovated "Taco Bell" restaurant. " , CITY OF LAKE ELSINORE DIVISION OF ENGINEERING. 38. The applicant shall obtain an encroachment . permit for any. work performed in. public right-of-way. 39. The applicant shall dedicate ten"feet (10') of.road easement on Mission.Trail and ten-feet (10') of road easement on Casino Drive. u AGENDA ITEM NO.~ PA{jE~OI~~ (\ 40. Capital Improvement fees and mitigation fees pursuant to LEMC 16.34, Res. 85-26 . if applicable, shall be paid prior to issuance of building permit. 41. 'The existing trash enclosure that is proposed to be removed shall be relocated to the first parking stall on the southwest comef of the property. 42. The applicant shall provide signing and striping for traffic entering and. exiting the site and for on-site parking and circulation. . . . . 43. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 45. ROOFING MA TERIAL- All buildings shall ,be constructed with class B roofing materials as per the Califomia Building Code; (\ .. 46. BLUE DOT REF ELECTOR- Blue retro reflective pavement markers shall be mounted on private street, public streets And driveways to indicate location otfire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 47. MINIMUM REQUIRED FIRE FLOWe Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007.CBC and building(s) having a fire sprinkler system. 48. SUPER FIRE HYDRANT- The average spacing between Super Fire Hydrant(s) (6" x 4" x 2 Yo"x 2 Yo ") shall be not exceed 500 f~et between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 49. RAPID HAZMAT BOX- Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00). . n ACENDA ITEic11~O. 3 PACE. ~ c; Of' Lf I 50. WATER PLANS- The applicant or developer shall separately submit tWo Copies of. . the water system plans to the Fire Department for review. Plans shall coriform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify thatthe design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." . . . u 51. BLDG PLAN CHECK FEE- Building plan check deposit fee of $1 ,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. ... . 52. WATER CERTIFICATION- The applicant or developer shall be responsible to submit written certification from the water company noting the location of the . existing fire hydrant and that the existing water system is capable of delivering .1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be . responsible to provide written certificationthat financial arrangements have been made to provide them. . 53. WATER PLANS~ The applicants or developer shall separately submit two copies of.. the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire. hydrant types, location and spacing, and the system shall meet the fire flow U requirements. Plans shall be signed and approved by a registered civil engineer. and the local Water Company with the following certification: "I certify that" the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL FIRE INSPECTION 54. FIRE LANES- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 55. SUPER FH/FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure; which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 Yo"?, 2 Yo ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. u ACENDA ItE.M NO.-L- PAGE ,d-G,_Oi'3L n n n 56. LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit Path .' marking shall be installed per the California Building Code. 57. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 58. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (~separate fire alarm must be submitted for connection) (Current plan check fee is $215.00). 59. TITLE 19- The project shall comply with Title 19 of the California Administrative Code. AGENDA IIEi,1 NO. 3 . PA<iE ;)70F~ CITY OF ~ LAKf \6,LSiI10~ ?;-.p DREAM E,xTREME" Notice of Exemption . (pursuant to the . California Environmental Quality Act) u Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento,~ 95B14 fjg County Clerk of Riverside County 2724 Gateway Drive Riverside, ~ 92507 Project Title: . Conditional Use Permit No; 200B-06 and Commercial Design Review No. 200B-05 Project Location: 31712 Mission Trail Road (APN 363-172-014) Project Location ( City): City of Lake Elsinore Project Location (County): RiversideCounty Description of Project: A request for the renovation as well as related onsite improvements of .the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) u fjg Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15301 Existing Facilities Reasons why project is exempt: The proposed project meets the requirements pursuant to Section 15301 (d) and (e) of the California Environmental Quality Act (CEQA) Guidelines. The project is an existing facility that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Any addition to the existing structure will not result in an increase of more than 50 percent of the floor area of the structures before the addition. The area in which the project is located is not environmentally sensitive. Furthermore, the project does not meet any of the conditions pursuant to Section 15300.2 which provides several additional exceptions to the use of categorical exemptions. Name of Lead Agency: City of Lake Elsinore, Community Development Departulent, Planning Division Lead Agency Contact Person: Wendy Worthey, Principal Environmental Planner Telephone Number: (951) 674-3124 ext 2BB For inquires please contact: Wendy Worthey, Principal Environmental Planner (951) 674-3124 ext 2BB Signed: Title: Acting Director of Commuuity Development u Tom Weiner ACEI'lOAITE[il NO.~ PACE ;)-B _Ol'-=:L!..,,- n n r; CITYOF~ .. LAKE ,6LSiI'iORE ~.~ DREAM EPREME,. -' '.( ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Petniit No. 2008..Q6. and .commercial DE/sign Review No. 2008-os for thE/ proposed renovation of the $xisting "Taco Bell" restaurant and associated drive-thru as well as related on-site improvem$nts at 31712 Mission Trail (APN:363-172.014). I hereby state that I have read and acknowledge the Draft Conditions of ApProval . '" . ...... n ~ . ~ .... ... .n. . - , . fi:!. J I. II P' . I~[ I I '-'. ~ . " I. also understand that all Conditions shall be met po'.,_ ,- :-'::r-7.~M ~~ J?7r"l'tr 9rJ?ri'.1r .~ ..::)~ "wt <'t>i:liflllallil -~9i~"Ji'ml'j';J. ill as '1 indicated In the Cl>nditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be. final fifteen (15) days from the daf(lof the decision,.lJnlessan appeal has been filed With the City Council of the City of Lake Elsinore pursuant to the proYfsioM of Chapter 17.80 of the Lake Elsinore Municipal COde (LEMC). Date:JO. Pl. 0(7 Applicant's Signature: Print Name: . Address: Phone Number: ~ !Jr-. ~ qtl~03 ACENDA ITEM NO, 1 PACE ;),9 Of' 4/ -./ ~- ;--.+- i-:__2'v'ct-..l ~,"",l'" "JO!CCf~^~ --- :!J ~! a;~ -~ i II ,''''llll"., : _ . OS~I_lI I! = n o DI '" r- r- :D '" III = C ~ Z .. ~ III N W - t....... 111"O"d ~,~ ~V_ - ~ ,. " ~ . ~ Iii . 0 . 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I n ~ 0 -, C \ i \l :II g I .m .. \1 Z D f6 -t !il ~ j ~ ~I W ~ g '" l: ~ m Jl ~ UJ il' 0 J 0 0 I) .~ . 6 n Jl . III I~ g i~ Jl i c on () 'l! c , 'II i i I\,ma . ... ... ! '" 0 "<'. I ; ~ I;H: ' ~ g i.'.;' I : 'II ~ 1;11 '. I ~ j; j I ~ Z F Z",?" I ~ i... J. : i ;gjU I ;!?'-Ol I i ~~,~ . .... .' n~ S c: 'l'l i'iJ 11"'llllllll! I :1 !I ! ~ ~ 1-.., Z 1!J!!,IU IIWI i,lh! l!ii. ilU!!!iJmll !! ~ t " I.. Iii il~ 'ii! ~ Ii ,.1 Iii' '; --'.'j ,..-.. I, i ~ ;' ~~ , J , ~ 81 S IiI I,l Il 'b 0 0 ~ "' ~ n o ~ . AGEt~~~';'''qlO.:odrc u u u CITY OF ~ (\ LA~\&LSjNO~'.' ~.~ DREAM EXTREME. TO: REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION f: FROM: . TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: . OCTOBER 21, 2008 " . PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008-04 GENERAL PLAN AMENDMENT NO. 2008-03 AND COMMERCIAL DESIGN REVIEW NO. 2007-07 "AUTO . SALES AND SERVICE CENTER" APPLICANT: ADRIAN KULINSKI, CASINO ONE JEC, LLC. 450 WEST VISTA WAY, VISTA, CA 92083 CASINO ONE JEC, LLC. 450 WEST VISTA WAY, VISTA, CA 92083 (\ OWNER: Proiect Request The applicant is requesting approval of General Plan Amendment No. 2008-03 and Commercial Design Review No.. 2008-07 to allow for the future development of a 50,000 square foot automobile dealership on a 9.34 acre site. Environmental clearance for the. proposed project is provided by Mitigated Negative Declaration No.. 2008-04, in conformance with the California Environmental Quality Act (CEQA). Review is pursuant to the applicable Chapters of the Lake Elsinore Municipal Code (LEMC). Proiect Location The project site is located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6. (APNs: 363-130-085, and -087). , ~.... Environmental Settina (\ The proposed project site (APNs 363-130-085, and _087) is approximately 9.34 acres and is located in,an area southwest of Interstate 15(1-15), bound by the San Jacinto River channel to the east and Lakeshore Drive to the south.' The site is bounded on the north by the approved but currently vacant "Toyota Project Site," and vacant commercial land to the AGENDA ITEM ~ PAGE -'-- OF -3::J PLANNING COMMISSION STAFF REPORT OCTOBER 21, 2008 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008-04 GENERAL PLAN AMENDMENT NO. 2008-03 AND COMMERCIAL DESIGN REVIEW NO. 2008~07 u west. The project site has a current General Plan Land Use designation of General Commercial with a portion of APN 363-130-087 designated as Floodway under the City's current General Plan. The entire project area is zoned C-2 (General Commercial). Of the 9.34 acres, 3.0 acres have been donated to the Multiple Species Habitat Conservation Plan (MSHCP). A 6.34 acre portion is proposed for future development. This 6.34 acre site is currently being subjected to repeated disturbance from automobile parking and disking for fire .hazard abatement. Further, much of the 6.34 acre portion is currently being used as a stockpiling facility for the approved Toyota project. Approximately 12,000 cubic yards of fill material have been spread across the site. ." Project Site North Vacant C-2 (General Commercial) General Commercial and Floodwa General Commercial South East Approved Automotive Dealershi Street Flood Channel Vacant C-2 (General Commercial) West Lakeshore Drive San Jacinto River Channel C-2 General Commercial lakeshore Drive San Jacinto River Channel u General Commercial BackQround The project identified as "The Auto Sales and Service Center" was submitted.to the City for the consideration of a new automotive dealership site. The project proposes General Plan Amendment and Commercial Design Review applications. It should be ncited that the applications are to establish a "building footprint" for the site for future development. No architectural building elevations are proposed for consideration at this time. The applicant is seeking project approval and environmental clearance to allow for rough grading and stockpiling between the project site and the adjacent and approved Toyota Automobile Dealership site. Additionally, in compliance with the California Environmental Quality Act (CEQA) the City prepared an Initial Study, whose findings determined that a Mitigated Negative Declaration would be required in order to assess the potential environmental effects associated with this project. In compliance with CEQA, 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 September 19, 2008. Five (5) comment letters, identified in this staff report, were received as a result of this public review period: AGENDA ITEM Lf PAGELoF 3, u ~, ('. PLANNING COMMISSION STAFF REPORT OCTOBER 21, 2008 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008-04 GENERAL PLAN AMENDMENT NO. 2008-03 AND COMMERCIAL DESIGN REVIEW NO. 2008-07 Proiect Description General Plan Amendment No. 2008-03 The applicant requests approval to amend the General Plan Land Use Map with the ultimate intention of establishing a 50,000 squarefoot automotive dealership on the 6.43 acre site (for APN 363-130-087). The General Plan Land Use' Element identifies a land use designation of Floodway for a portion of the identified parcel and does not allow a development density or intensity assigned to it, prohibiting a development of this type, Therefore, the applicant is requesting a General Plan Amendment from Floodway to General Commercial (GC), permitting a maximum commercial floor area ratio of 40 percent. ' Commercial Design Review No. 2008-07 Site Plan ' ('. The total project site encompasses 9.34 acres, and would include a building footprint area of 50,000 square feet for a future automotive dealership use on the 6.34 acre parcel. Circulation and Parkina Space Lavout . Main access to the site will be made available through the two (2) driveways proposed along Lakeshore Drive. Three hundred and seventy nine (379) parking spaces will be provided, including four (4)handicap spaces. Vehicle display spaces are provided along the frontage of Lakeshore Drive. Customer parking spaces are identified near and around the sales and service buildings. Employee parking will be provided at the rear portion ofthe site. Analvsis The request is being made with the intention of establishing an automobile dealership on- site. As part of the process, the applicant is required to obtain a Gel)eral Plan Amendment (GPA) to remove the portions ofthe 6.34 acre site that are designated Floodway under the City's current General Plan. Since the adoption of the City's current General Plan, the Federal Emergency Managemerit Agency (FEMA) has revised the 100 year flood zone along the San Jacinto River channel. The revised maps have removed all but a small portion (10,745 square feet or 0.025 acres) of the 6.34 acres are from the 100 year flood zone, specifically Zone AE. The project will not be allowed to grade or develop within this small area designated Zone AE. 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 r\ AGENDA ITEM ~ PAGE l OFJ2] PLANNING COMMISSION STAFF REPORT OCTOBER 21, 2008 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008-04 GENERAL PLAN AMENDMENT NO. 2008-03 AND COMMERCIAL DESIGN REVIEW NO. 2008-07 u 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 anyone 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 Element, however, those impacts have been deemed minimal. Lastly, the applicant is only seeking conceptual site plan project approval and environmental clearance. This will allow for rough grading and stockpiling between the described project site and the adjacent Toyota site: All future development of the project site and operations will be subject to a complete and thorough Design Review process (i.e. building architecture, landscaping, lighting, noise, traffic circulation, vehicle and product, delivery, hours of operation, signage, etc). Environmental Determination The Mitigated Negative Declaration No. 2008-04 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Pursuant to Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on August 20, 2008 for the required thirty (30) day review period. u Comments on the MND were received from the Soboba, the Morongo, and the Pechanga Tribes, and from the Riverside County Flood Control and Water Conservation District (RCFCWCD). Comments received from the three 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 S8 18 as is required by statute. As such, all required mitigation ahs already been included as part of the proposed project's mitigation.. The RCFCWCD indicated they have no concerns regarding the proposed project. Based on staffs evaluation, the proposedprojectwili 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 CEQAGuidelines, and the City's procedures for implementation of CEQA U AGENDA ITEM ~ PAGEl OF ?> I n n (1, PLANNING COMMISSION STAFF REPORT OCTOBER 21, 2008 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2008-04 - GENERAL PLAN AMENDMENT NO. 2008-03 AND . COMMERCIAL DESIGN REVIEW NO. 2008-07 RECOMMENDATION a. Waive further reading and adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Waive further reading and adopt a resolution approving Mitigated Negative Declaration No. 2008-04, and c. Waive further reading and adopt a resolution recommending City Council approval of General Plan Amendment No. 2008-03, and.' , d. Waive further reading and adopt a resolution recommending City Council approval of Commercial Design Review No. 2008-07 for "The Auto Sales and Service Center"; based on the Findings, Exhibits, and proposed ,Conditions of Approval Prepared by: Kirt A. Coury Project Planner ~. \ . Tom Weiner, ...-"\ VJ . Acting Director of Community Development Approved by : ATTACHMENTS: 1. Exhibit 'A': Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Exhibit 'B': Reduction of Site Plan 5. Exhibit 'C': Reduction of Grading Plan 6. Exhibit '0': General Plan Amendment Map 7. Exhibit 'E': Full Size Exhibits AGENDA ITEM Y PAGE~Of '3 f VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2008-07 GENERAL PLAN AMENDMENT NO. 2008-03 III~ ~ OAWESS~_I I~. 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PAOE (0 u () u Lf OF ::Sf n RESOLUTION NO. 200S-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,' CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS THE AUTO GROUP DEALERSHIP PROJECT IS CONSISTENT WITH THE MULTIPLE. SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, The Automotive Group, Inc. (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-07 and General Plan Amendment No. 2008-03 (the "Projecf') for the design and construction of a 50,000 square foot facility a 9.34-acre site, lOcated on north side of Lakeshore Drive, adjacent east 'of the San Jacinto River channel, known as Assessor's Parcel Nos. 363-130-085 and -087 (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 n WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is within a MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements ,for development of property that is subject to the MSHCP; and . WHEREAS, the Planning Commission has been del,egated with the responsibility of making' recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 21, 2008. (\ 1 Agenda Item No, 4 Page l of "37 PLANNING COMMISSION RESOLUTION NO. 200S-_ PAGE 2 OF 6 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF lAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: u SECTION 1. The Planning Commission has considered the proposed application. and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP', the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCPResolution,and the . City must make an MSHCP Consistency finding before approval. The Property is located within a MSHCP criteria cell. As such, the' Project has. been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements, " including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project. Review processes. ..' As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and.JPR. . 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. u Of the 9.34-acre project site, 3.0 acres that encompass riparian/riverine habitat are being avoided and donated for MSHCP conservation. The remaining 6.34- acre area to be developed does not encompass riparian/riverine habitat nor vernal pools or other fairy shrimp habitat. Currently, most of this 6.34-acre area is the location of a 12,000 cubic yard stockpile of fill to be used at the adjacent approved Toyota Dealership project. As such, the Project is consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines setforth 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. u 2 Agenda Itero No. 4 Page ~ of:=II n (\ n PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 3 OF 6 The Property was assessed for suitable habitat for Criteria Area Species, set forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these .. species, including Burrowing Owl, exists on. the project site. . As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including the removal of vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The . proposed project is consistent. with the UrbanNViidlands Interface Guidelines. Because 3.0 acres are being donated to the MSHCP for conservation, there would in effect .be an "urban/wildlands interface between this area and the adjacent 6.34-acre area to be developed. Project design features and best management practices are incorporated into the Project to address and minimize edge effects associated with run-off, night lighting, and noise-generating land uses. As such, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The 3.0-acre area to be donated to the MSHCP does encompass riparian/riverine resources for which the vegetation mapping requirements are applicable. 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 Property is adjacent to open areas that may require on-going brush abatement to reduce fire risk. One of the scenarios in the Fuels Management Guidelines is that any new development planned adjacent to a MSHCP conservation area or other undeveloped area shall incorporate brush management guidelines in the development boundaries and shall not encroach into MSHCP conservation areas. Because the Project is non-residential, has incorporated building setbacks and will not encroach into MSHCP conservation areas, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 3 Agenda Item No. 4 Page 2 of~ PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE40F6 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 MSHCPare required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Commercial Design Review No. 2008-07 and General Plan Amendment No. 2008-03, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. '. , . 4 Agenda II~m No. Y Page & of .2Cl u u u (\ (\ (\ PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 5 OF 6 PASSED, APPROVED AND ADOPTED on this 21st day of October 2008. Axel Zanelli, Chairman. City of Lake Elsinore. ATTEST: Tom Weiner Acting Director of Community Development ; 'I 5 Agenda Item No. 4- Page -1L of n PLANNING COMMISSION RESOLUTION NO. 2008-_ PAGE 6 OF 6 ;' STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake ,Elsinore at a regular meeting held on the 21stday of October 2008, and that the same was adopted by the fol/owing vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development 6 Agenda Item No, ~ Page ~ of-3-1 u u u n RESOLUTION NO.2008-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2008-04 FOR THE AUTO GROUP .DEALERSHIP PROJECT . WHEREAS, The Automotive Group, Inc. (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-07 and General Plan Amendment No. 2008-03 (the "Project") for the design and construction of a 50,000 square foot facility a 9.34-acre site, located on north side of Lakeshore Drive, adjacent east of the San Jacinto River channel; known as Assessor's Parcel Nos. 363-130-085 and -087 (the "Property"); and WHEREAS, the Project is subject to the provisions of. the California Environmental Quality Act (Public Resources Code 99 21000, et seq.: "CEQA") and the State Implementation Guidelines for .CEQA (14 California Code of Regulations 99 15000, et seq.: "CEQAGuidelines").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 9 21065); and n 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. 2008-04 for the Project (the "Mitigated Negative [)eclaration"); and WHEREAS,pursuant to CEQA Guidelines section 15072. on August 20, 2008, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in. accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on August 20, 2008, and ending on September 19, 2008, and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with. the' responsibility of making recommendations to the City Council regarding mitigated negative declarations; and . , (1 1 Agenda Item No. Lf Page 1..3-.- of ?,-, PLANNING COMMISION RESOLUTION 200S-_ PAGE 2 OF 5 WHEREAS, public notice of the Project and the Mitigated Negative Declaration (\ have been given, and the Planning Commission has considered evidence presented by V the Community Development Department and other interested parties at: a public hearing held with respect .to this item on October 21, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. . . SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. Written responses to comments received on the Mitigated Negative Declaration during the public comment period were prepared and circulated. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby recommends to the City Council that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, arid the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. u SECTION 4. The Planning Commission further finds and determines that none ' of the circumstances listed iri CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. . ,. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the Mitigated Negative Declaration: . 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. . Based upon the Initial Study conducted for the Project, . there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the. less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and. Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and . Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. U 2 Agenda lI~m No. ~ Page ~ of .:2J (\ (\ (\ PLANNING COMMISION RESOLUTION 200B-_ PAGE 3 OF 5 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Commercial Design Review No. 2008-07 and General Plan Amendment 2008-03, the Planning Commission hereby recommends that the City Council approve Mitigated Negative Declaration No. 2008-04. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. 3 Agenda Item No. 4 Page 15: of 3:J PLANNING COMMISION RESOLUTION 2008-_ PAGE40F5 PASSED, APPROVED AND ADOPTED on this 21st day of October 2008. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development 4" I \ Agenda Item No. ~ page.lJz.... of 3-' () () u (\ n (\ PLANNING COMMISION RESOLUTION 200B-_ PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. . ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City .of Lake Elsinore at a regular meeting held on the 21stday of October 2008, and that the same was adopted by the following vote: AYES: , NOES:. ABSENT: ABSTAIN: Tom Weiner' . Acting Director of Community Development 5 Agenda Item No.l Page I J of ..3:J RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF. THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2008-03 . u WHEREAS, the City of Lake Elsinore is considering an amendment to the General Plan Land Use Map, General Plan AmendmentNo. 2008-03, which will change a significant portion of the land use designation of Assessor Parcel Number 363-130- 087 from "Floodway" to "General Commercial" (the "General Plan Amendment") allowing for the future development of an automobile dealership "Auto Sales. and. Service Center"; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved General Plan Land Use Map; and WHEREAS, public notice of the General Plan Amendment has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 21, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: u SECTION 1. The Planning Commission has considered the proposed General Plan Amendment, prior to making a decision to recommend that the City Council approve the proposed amendment to the City's Land Use map. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2008-04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of General Plan Amendment No. 2008-03: 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. a. The Federal Emergency Management Agency (FEMA) has revised the 100-year flood zone along the San Jacinto River channel. The revised maps have removed all but a small portion (10,745 square feet or 0.025 acres) of the 6.34-acre area from the 100-year flood zone, specifically Zone AE. The project will not be allowed to grade or develop within this U small area designated Zone AE. The proposed General Plan Amendment AGENDA ITEM NO. Y. PACE I CCi OF ~ ( (\ (\ n PLANNING COMMISION RESOLUTION 2008- PAGE 2 OF 4 creates consistency between the City's General Plan and the identified FEMA 100-year flood zone map and Zone AE. . " I. b. The proposed change would allow economic use of an otherwise non- beneficial area that, according to FEMA, is no longer is considered to lie within a floodway. The proposed General Plan Amendment will not have a significant effect on the environment. c. The General Plan Amendment does not propose any significant change from surrounding land use designations and will not result in any significant environmental impacts as explained in Mitigated Negative Declaration No. 2008-04. SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve General Plan Amendment No. 2008-03. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. ACENDA ITEUl NO. Y PACE-! q OF ~ I PLANNING COM MIS ION RESOLUTION 2008- PAGE 3 OF 4 u Axel Zanelli, Chairman City of lake Elsinore ATTEST: ' Tom Weiner Acting Director of CommiJnity Development u u ACENDA ITEil1 r.o.~ PAGE ;}O or' "3 I n n (1 PLANNING COMMISION RESOLUTION 2008- PAGE 4 OF 4 STATE OF CALIFORNIA. COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE. ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No.' . 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development " < AGENDAITEiii NO.~ PACE~_ _~l RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2008-07 . u WHEREAS, Casino One, JEC, LLC., has initiated proceedings to request the approval of Commercial Design Review No. 2008-07 for the design and establishment of the a new automobile dealership site ("the Commercial Design Review"), which will be located at on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council for Design Review of commercial projects; and WHEREAS, public notice of the Commercial Design Review has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to thi~ item on October 21., 2008.. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request U for Commercial Design Review No. 2008-07 prior to recommending approval to the City Council. The Planning Commission finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that Mitigated Negative Declaration No. 2008-04 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2008-07: 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 on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 complies with the goals and objectives of the General Plan in that the approval of this automobile dealership will assist in achieving the development of a well-balanced and functional mix of u AOENDA Imol rJo.-.:f PAGE ).-- 'J- 01' 37 PLANNING COMMISSION RESOLUTION 2008- PAGE 2 OF 4 [\ residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and. all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 is appropriate to the site and surrounding developments in that the automobile dealership project 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 on the north side of Lakeshore Drive between the San Jacinto River Channel and A venue 6 as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. n 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 on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 has been scheduled for review and consideration by the Planning Commission. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Commercial Design Review, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No: 2008-07. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. n AOEl\!DA ITEM r~o. Lf PACE )--3 OF 37 PLANNING COMMISSION RESOLUTION 2008- PAGE 3 OF 4 u Axel Zanelli, Chairman City of lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development u u ACENDA ITEr/! NO. If PACE ::r'-/ Ci~ ~ I n n n PLANNING COMMISSION RESOLUTION 2008- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE .CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No'. 2008~ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21 5t day of October 2008, and that the same was adopted by the following vote: . ..AYES: NOES: ABSENT: ABSTAIN: T om Weiner . Acting Director of Community Development ACiEI\IDA ITE1i! fm. Lf PAGE ~ OF3, CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2007-08 THE AUTOMOTIVE SALES AND SERVICE CENTER u 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 General Plan Amendment No. 2008-03, Commercial Design Review No. 2007-08, Mitigated Negative Declaration No 2008-04, or any other action taken or made in connection with these entitlements. 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 City Councjlapproved date. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. u 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan. Revisions to approved site plan shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans, as modified by Conditions of Approval, the Planning Commission or the City Council. All future development of the project site relating to, but not limited to, building architecture, landscaping, lighting, noise, traffic circulation, product delivery, hours of operation, signage, shall be subject to a new and complete Design Review application and process. 5. 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. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 7. All loading zones shall be clearly marked with yellow striping and shall meet City standards for loading zones. 8. 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. U AGENDA iTEitl r.lO. Lf PAGE :J-(~ OF '3 ., CONDITIONS OF APPROVAL PAGE 2 OF 8 (\ GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 , 9. Priorto issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. 10. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 11. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 12. 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: 13. The applicant shall comply with. all mitigation measures identified in the Mitigation. Monitoring Program for Mitigated Negative Declaration No. 2008-04. . 14.AII development shall occur within the General Commercial Zoning and General Plan land use designation area. No grading or development shall occur with the Floodway Zone AE designated area. (\ ENGINEERING DIVISION 15.Applicant shall process a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) for the area of the proposed development which lies within the 100-year Flood way Boundary as identified by, the Flood Insurance Rate Map, panel 2041 of 3805. Prior to issuance of Grading Permit, Applicant shall delineate the floodway areas to be _ avoided. Grading in the floodway areas shall be allowed only after FEMA approval of the CLOMR application. The LOMR application shall be approved by FEMA prior to the issuance of the Certificate of Occupancy. 16. Dedicate full half width right-of-way along the project frontage of Lakeshore Drive prior to the issuance of the building permit. Centerline to right-of-way shall be measured to be 60- feet. 17. Construct full half. width street cross section along Lakeshore Drive, consistent with the General Plan Circulation Element prior to the issuance of the building permit. Half width street shall measure 48-feet from the centerline of Lakeshore Drive to the face of curb adjacent to the project. . 18. Provide a striping and signing plan for striping from the project's southerly boundary to the Lakeshore Drive bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. . n AGENDA ITEM r.o.~ n,,.,, ') --, m: -::J,-, CONDITIONS OF APPROVAL PAGE 3 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 . ',U 19, Pay cash-in~lieu for the construction of the median on Lakeshore Drive along the project' frontage prior to the issuance of the building permit The project is responsible to pay for half the construction of the median. . 20.Align the Northerly driveway with Elm Street 21.Align the Southerly driveway with the entrance to the River's Edge apartment complex. 22. Relocate the Elsinore Valley Municipal Water District facility such that the curb and sidewalk alignments along Lakeshore Drive is consistent with the General Plan Circulation Element prior to the issuance of the building permit ' 23. Comply with all proposed mitigation measures identified in the traffic study approved by ttie' City of Lake Elsinore. . ' 24. Provide for'onsite loading and unloading of inventory from the delivery trucks: 25. Provide truck turning templates to show that onsite circulation will work for the anticipated types of delivery trucks. 26. Provi~e detention facility sized to detain the increase in the 100 year storm flow between U the developed and undeveloped site condition. . 27. Provide water quality control measures to comply with the Santa Ana Region Water Quality Control Board requirements. 28. Process a Conditional Letter of Map Revision (COLMR) and Letter of Map Revision (LOMR) showing the 1 DO-year flood event will be contained within the San Jacinto River banks. This requirement applies if the project impacts the 1 DO-year flo~d plane. 29. The slope on the north side of the project shall be improved with long~term erosion control planting. 30. The outlet drainage pipe'on .the east slope of the project shall be improved such that the outlet condition slows the discharge to a non-erosive velocity and that the down stream property owner is protected from the 1 DO-year storm flows. . The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 31. Sight distance for ingress I egress at all driveways shall be unobstructed. 32. Underground water rights shall be dedicated to the City pursuant to the provisions of' U. Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District ACENDA ITEr,1 rJo. PACE d- C(3 4 OF ?, I CONDITIONS OF APPROVAL PAGE 4 OF 8 ('\ GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 33.AII street improvements shall be installed and functioning prior to certificate of occupancy. 34. 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 permittees and inspection fees associated with the project and its development. .Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 35. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of a building permit. 36. Construct all public works improvements per approved street plans (LEMC12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 16.34). 37. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road n Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 38. 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. 39. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 y," x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. .. 40. The applicant shall install permanent survey monuments in compliance with the City's municipal code.. . 41.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. . 42.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.. 43. Provide fire protection facilities as required in writing by the Riverside County Fire Department. (1 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. . ACENDA ITEr" NO. PAGE....d::9 If OF 37 CONDITIONS OF APPROVAL PAGE 5 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 u 45. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. . 46.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. 47. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 48.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. . 49.AII utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 50. 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 U 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. 51. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. . . ' l' 52.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 53.AII grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. 54. Prior to commencement of grading operations, applicant to 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. u AGENDA ITEM NO. PACE 'l 0 If OF '3'" CONDITIONS OF APPROVAL PAGE 6 OF 8 (\ GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 55. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damageto 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. 56. Individual lot drainage shall be-conveyed to a public facility oraccepted by adjacent 'property owners by a letter of drainage acceptance or conveyed to a drainage easement. : 57. On-site drainage facilities located outside of road right-of-way should be contained within . drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 58.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 59. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. , 60. Meet all requirements of LEMC 15.68 regarding flood plain management. (\ 61. 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. 62.AII drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 63. 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. . 64.1 O-year storm runoff should be contained within the curb and the 1 OOcyear storm runoff should be contained with the street right-of-way. When either ofthese criteria is exceeded, drainage facilities should be installed. .. ., 65.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. . . 66. Applicant will be r~quired toinstall BMP'~ usi~g the best available technology to mitigate any urban pollutants from entering the watershed. (\67.APPlicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the ACENDA tTEf,l NO. PACE ;:s l 4 OF ~ { CONDITIONS OF APPROVAL PAGE 7 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 u 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. , ' 68. 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. 69.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). 70. Driveway intersection site distance shall meet the design criteria of the CAL TRANS 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. 71. Reciprocal access agreements shall be processed with adjacent property owners. 72.AII 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. u COMMUNITY SERVICES DEPARTMENT 73. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. ' '. . . 74. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 75. 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 76. 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. . u ACE,.i)A ITEM ,/0. PACE~_ Lf 0;: 3, CONDITIONS OF APPROVAL PAGE80F8 (\GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 77. The applicant shall request a ''will serve" letter from the Elsinore Valley Municipal Water District. Submit the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of a building permit. (\ n ACB'.lDA rn:Jtl r~o. 4 PAGE ?> 3 OF 3' 11~lm.~I.I~~J!~iJIN~lll~l. ' .-.-.... ""'-' ~.~.i: .' ". ]'1 : ~. . ~ i j i j / I i L. U3nN3AII a3S0dO~d I "J.s /lV7:; ,"---- i i i i I i L ---- ~ ~ :::I c:D it: I :t: .~ ~.. . . c;; . )., a:: ~ !i ~ a.; u u , ,U E1ilNO. 4 PACE, 3 '1 Of m_3""l I ilm 11m "'~HI II II ! 1!I',lll,1I1 111,0111111 tl...l.d~~n ! '. j !I:! ~11!=1 ! "i .Iilll!! : il!t.1b . I "lli!.l , I ,. 'I" ,.III:;!1 I 1;lill' I '''Il':~ I 'l"III' 1 ; 1,:lllliil I! 11!liiii!i! I , , , Ii Ill! ". ~ ~T .l , ~~ g! ~~ ~. ;d~ ~! ~ eo _ !::;! i ~~ ; <8 .1 ~r r f a I' ~! (\"""'1: 1,1" . ~15i !I:!!~! hl!lduut Ih~U"Wh' I I I, M 'I II' IlJ I ,i II, 1:1,1'1 \l!i!!q!lll 1IIl,I;rtll;lill.ill!;ll '. "'" ~" " Ii . , lll_' 'Iii;! , !ji,l' j !"lll I ,;lli' i li"I" I' II" i I I 1'1" II,i,;;1. ~;~bil 5 I '1' f; { hli! lit' hi!! "'1,,, ilUi' lliiil IliI,,' "'I r:Ua 73 ~ ii ~ I:; ~ '" . , ---., ~~---J ~, -..----- \ ~ " _ i +--1-,'- -,r- ;7T] ) \ ~,' l ~ ,/)') I ,-/} -~l/ :" 'f'" 't,>~~;-'il( l,~~, \/ ( \t \. ", I ~ <Jr~-'! L~L ~"~ 0 ' EXHIBIT 'c' AGENDA m"" NO. 4- PAGE ,:S ') OF 3, GENERAL PLAN AMENDMENT MAP - ~ '-- - ) "'v / ~ o~ .~ ~o ~h <<' " ..) ~ ~ II " - - ~~A __ _ ~"R~V - W FLOODWA 'l/~', ~ ~.~L -I ---, ,Y1kESHOR I 'E DRlPf ~o . - --~ '-- '--~ I - - -.., -- - - I I I EXISTING LAND USES EXHIBIT ' Q~() , AGENDP, !TE1.J [~O.-'y PACE 36 01'37 (\ (\ ("1 GENERAL PLAN AMENDMENT MAP T ) ""1c/ I ~ O~ ;,y~ ~ a ~ <<' . ~ " !:!: il ~ ~~~ R L ,~ ~ .. .~, RJ .~ - ~ .~p A).~~ '-- ,- ~ ~ ~ FLOOOWAY - Ii 1I'l- ~%a @ ~ r\ ~ ~ ~ ~ 22 ~ " -..... 7 MkESHORE D '-- j 'RIVE - - ') '--I - .- - - -, I I I I I PROPOSED LAND USES AGEr~DA !TE,11 NO. 4 PAGE 37 OF 35 u u v u