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HomeMy WebLinkAboutItem No. 2CITY OF F, N LAKE LSIROIZE DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 6, 2010 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-11, VARIANCE NO. 2009-03 AND COMMERCIAL DESIGN REVIEW NO. 2009 -07 TO CONSTRUCT AND OPERATE A WALGREENS DRUGSTORE WITH AN ASSOCIATED DRIVE -UP PHARMACY WINDOW ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DIAMOND DRIVE AND MISSION TRAIL (APN: 363- 150 -035 & 036). APPLICANT: DAVID & YAEL MCDOWELL, PHD GROUP, LLC, 3896 LAKE CIRCLE DRIVE, FALLBROOK, CA 92028 OWNER: KRISTY OLLENDORF, CLEARINGHOUSE NMTC, LLC, 23861 EL TORO ROAD, SUITE 401, LAKE FOREST, CA 92630 PROJECT REQUEST The applicant is requesting a Conditional Use Permit to establish and operate a drive -up pharmacy window, a Variance to deviate from Lake Elsinore Municipal Code provisions in association with drive through lane stacking, parking lot setback, landscape buffer width, landscaped yard width, above parapet signage and a freestanding sign setback width. In addition, the applicant is requesting a Commercial Design Review to construct a 13,678 square foot Walgreens drugstore. The store is planned to be open 24 -hours per day with the pharmacy open from 8:00 a.m. to 10:00 p.m. The majority of the project site is zoned Neighborhood Commercial C -1 with the remainder zoned East Lake Specific Plan — General Commercial. A large portion of the site is currently developed with an unoccupied "fast food" drive through restaurant. These improvements would be fully demolished and removed in association with the development of the proposed project. The remainder of the site is undeveloped. PC April 6, 2010 Item No. 2 Page 1 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 2 of 9 The majority of the subject property has a zoning designation of Neighborhood Commercial (C -1) with the remainder being East Lake Specific Plan — General Commercial. Both zoning designations have similar development standards. Therefore, the C -1 development standards were applied to the entire site so as to achieve consistency and uniformity. Project review is pursuant to Chapters 17.120 (Neighborhood Commercial), 17.112 (Non - Residential Standards), 17.168 (Conditional Use Permits), 17.122 (Variances) and 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). SETTING L ��� MI �) Za Nf �� r GENE LAP k2A LAN � „ w LAND E 3 ,r <E x Project Site Unoccupied Neighborhood Commercial East Lake Specific Plan Restaurant/ (C -1) /Eastlake Specific Vacant Plan — General Commercial North Commercial Neighborhood Commercial General Commercial C -1 South Vacant East Lake Specific Plan East Lake Specific Plan General Commercial East Commercial Neighborhood Commercial East Lake Specific Plan (C -1) /General Commercial C -2 West Veterinary East Lake Specific Plan East Lake Specific Plan Clinic/Vacant General Commercial PROJECT DESCRIPTION CONDITIONAL USE PERMIT A pharmacy drive -up window and associated single drive - through lane are proposed along the south side of the building. LEMC Section 17.120.030.D requires that a Conditional Use Permit be obtained in order to establish a drive through lane. The drive -up window is proposed for operation during pharmacy hours from 8:00 a.m. to 10:00 p.m. only. VARIANCES Given the irregular shape and size of the project site, the encroachment of a neighboring commercial building and the sites unique setting as the gateway into the City's Ballpark District, the applicant is requesting a total of six separate variances in order to develop the project. The specific types of variances are discussed in detail below. PC April 6, 2010 Item No. 2 Page 2 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 3 of 9 Drive Through Lane Stacking LEMC Section 17.148.060.A. requires that a drive - through lane have a minimum storage for eight (8) vehicles at twenty feet per vehicle. Citing the irregular shape and size of the project site and statistical data associated with the operation of the drive -up window, the applicants are requesting a variance to reduce the minimum vehicle storage requirement to five (5) including the vehicle that is currently being served at the window. Parking Lot Setback Reduction LEMC Section 17.120.050.A. requires that the front yard setback for a parking area be an average of twenty feet, but shall not be less than fifteen feet. Citing an irregular lot shape, ultimate right -of -way improvement requirements and restrictions associated with a neighboring building encroachment, the applicant is requesting to reduce the setback requirement to ten feet (10') along the majority of the Diamond Drive frontage. Landscape Buffer Reduction LEMC Section 17.120.070.A. requires a continuous landscaped area, a minimum of fifteen feet and an average of twenty feet in depth be maintained between the parking area and the public right -of -way. Again citing an irregular lot shape, ultimate right -of -way improvement requirements and the resulting effects from the building encroachment, the applicant is requesting to reduce the setback to ten feet (10') along the majority of the Diamond Drive frontage. The allowance for this reduction and the setback reduction above serve to create additional site area around the building perimeter enabling the architect to further articulate the building elevations. Landscape Planter Reduction LEMC Section 17.148.100.0. requires that where any parking or driveway area abuts a commercial district, a landscape planter, a minimum of five feet (5') in width, shall separate the parking area from the property line. The project site plan indicates that an approximately fifty -foot long segment of the parking area along the eastern (rear) property line is lacking the planter area. Due to the irregular lot shape and reduced size after right - of -way dedication, the applicant is unable to incorporate the required planter. Above Parapet Signs LEMC Section 17.196.100.G. prohibits signs which exceed the roofline or parapet to which the sign structures are attached. In an effort to further enhance the 'Ballpark' architectural characteristics of the building, the applicants are requesting a variance to allow signage above the parapet along the west and north building elevations respectively. The top of both signs would extend approximately seven -feet (7') above the parapet height on each elevation. PC April 6, 2010 Item No. 2 Page 3 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 4 of 9 Freestanding Sign Setback LEMC Section 17.196.180.E.4 requires that no portion of any sign or supporting structure shall be located closer than five feet to any property line. The proposed freestanding sign along the Mission Trail frontage is proposed to be located six inches (6 ") from the proposed property line after ultimate right -of -way dedication. COMMERCIAL DESIGN REVIEW Site Design The applicant is proposing to construct the Walgreens drugstore in the center of the project site. A single -lane pharmacy drive -up window will be located on the south side of the building. Two -way circulation and parking will be achieved along the north, west and south sides of the building with a loading area and trash compactor located on the east side. The building will be set back approximately sixty -five feet (65') from Diamond Drive and approximately fifty -feet (50') from Mission Trail. The main entrance to the building will be located at the northwest corner of the building. Onsite Circulation The project site will take access off of both street frontages. A right -in /right -out driveway will be established along Mission Trail and an unrestricted entry lane, right -out and left -out lane will be achieved along the Diamond Drive frontage. A future reciprocal access driveway is also proposed between the project site and the undeveloped parcel to the south. The applicant is proposing to dedicate additional right -of -way along both the Diamond Drive and Mission Trail street frontages so as to achieve required ultimate right -of -way widths and associated street improvements. Architecture Given the project site's prominent location at the gateway to the Ballpark District, staff worked with the architect to achieve a "Ballpark" architectural style for the building. The building has been sufficiently articulated using a variety of insets, pop -outs and canopies to achieve interest. Decorative arched elements will also be incorporated along the main building elevations to provide further detail. Additionally, the building's roofline has been broken up with multiple parapet heights and an approximately thirty -five foot (35') tall angled tower element which creates prominence at the main building entrance. The north, west and south building elevations will be faced with decorative brick veneer. Split face block will be utilized along the less visible east building elevation. Decorative steel grilles, awnings and light fixtures will all be applied to furtherthe ballpark appearance. PC April 6, 2010 Item No. 2 Page 4 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 5 of 9 Colors and Materials In addition to the red brick veneer, the applicant is proposing five additional colors on the building including "red" and "wheat" masonry block, "ivory" stucco, "oatmeal" concrete cladding and "Hartford green" storefront, coping and decorative metal. The contrasting colors are complimentary and have been chosen to enhance the architectural elements on the building. The slightly tinted window glazing will further serve to compliment the building color scheme. Signage The style and color of the proposed building mounted signage and its location on decorative metal structures all serve to furtherthe ballpark building architecture. Moreover, the proposed monument sign structures along both street frontages will utilize design and material components which match the building architecture. Landscaping The applicant is proposing to develop the site with 13,650 square feet of landscaping which constitutes twenty -three percent of the project site. A minimum of fifteen percent of the site is required to be landscaped. Given the sites prominent location at the gateway to the Ballpark District, staff worked with the architect to achieve enhanced landscaping, decorative flatwork and a monument wall at the street intersection which showcases various sporting activities which take place in the City. Walgreens has agreed to fully fund and construct the monument wall, raised planter, flatwork, lighting, landscaping and irrigation improvements as well as the long term maintenance and operational costs thereof. The City's Redevelopment Agency has agreed to fund the creation and installation of the artwork and City logo sign which will be halo - illuminated. In addition, the City will fund the ongoing long term maintenance of the artwork and logo sign. w b1 Ai9 E,` CONDITIONAL USE PERMIT Staff has determined that the proposed drive - through lane will not interfere with the free and orderly circulation of the parking lot and will not encroach upon or block driveways or parking spaces. In addition, the proposed single -lane pharmacy drive thru window has been located so as to be less visible from adjacent street frontages and will be sufficiently buffered from surrounding land uses through the use of landscaping. Furthermore, the proposed hours of operation forthe associated drive -up window will not serve to adversely affect adjacent land uses. Therefore, staff believes the issuance of the Conditional Use Permit is appropriate. PC April 6, 2010 Item No. 2 Page 5 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 6 of 9 VARIANCES Chapter 17.76 of the Lake Elsinore Municipal Code states that: 'The City realizes that under certain circumstances an applicant while attempting to comply with provisions of the Zoning Ordinance as strictly interpreted, may, because of certain physical conditions related to the site, such as size, shape, dimensions, topography, or unique setting, experience practical difficulties and /or unnecessary physical hardships which are inconsistent with the Ordinance's intended purpose." A Variance therefore, is intended to provide a mechanism whereby the Planning Commission may grant relief from the applicable provision of the Municipal Code. Drive Through Lane Stacking According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. The Municipal Code requirement for the storage of a minimum of eight vehicles within the pharmacy drive -up window lane serves to address high demand drive -thru uses such as fast food restaurants which can service over 100 cars per hour. Walgreens operational statistics indicate that the typical store will experience an average of 50 to 85 drive -thru visits per day or 6.0 visits per hour. The visit rate peaks at noon and again from 4:00 p.m. to 6:00 p.m. During these peak times, the average number of visits is eight to ten per hour. With the ability to clear customers at twice their arrival rate, it is very seldom that more than one car is present at the same time and virtually never more than two. Given that the proposed drive -thru lane will accommodate five vehicles and serve ten cars per hour, no significant impacts are anticipated as a result of the proposed variance. Parking Lot Setback Reduction According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. Given the irregular lot configuration, adjacent building encroachment, requirement for installation of ultimate right -of -way improvements and resulting lot size, the applicant cannot accommodate the required parking lot setback along the Diamond Drive frontage and suffers a hardship not shared by properties in the immediate vicinity. Landscape Buffer Reduction According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. Given the irregular lot configuration, adjacent building encroachment, requirement for installation of ultimate right -of -way improvements and resulting lot size, the applicant cannot accommodate the required landscape setback along the Diamond Drive frontage and suffers a hardship not shared by properties in the PC April 6, 2010 Item No. 2 Page 6 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 7 of 9 immediate vicinity. Moreover, staff believes the grade difference between the parking lot and Diamond Drive and proposed minimum 30 -inch tall site wall and landscaping improvements will all serve to adequately screen the parking lot from the street frontage. Landscape Planter Reduction According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. Given the size and irregular shape of the project site, the applicant experienced practical difficulties achieving a five foot wide landscape planter along the entire loading area at the rear property line. However, an eight -foot tall masonry screen wall shall be erected where the planter cannot be achieved and will serve as screening between the two properties. Above Parapet Signs According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. As the gateway into the Ballpark District, staff believes that the project site serves as a unique setting which warrants a strong and theme dictating architectural statement. The proposed above parapet signage is consistent with the ballpark architectural style of the building and is necessary so as to achieve a true ballpark appearance. Freestanding Sign Setback According to the principle set forth in Chapter 17.76 of the Lake Elsinore Municipal Code, the Variance request is appropriate. As a result of ultimate right -of -way dedication along the Mission Trail frontage a proposed freestanding monument sign will only sit six - inches from the new property line. However, the sign will sit approximately fifteen feet from the back of sidewalk and will be placed so as not to create a sight obstruction as motorists are exiting the property. COMMERCIAL DESIGN REVIEW Site Design The proposed site plan meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C -1) zoning district including setbacks and lot coverage and the Non - Residential development standards outlined in Chapter 17.112 of the Lake Elsinore Municipal Code. Circulation and Parking The circulation and parking space layout complies with the requirements set forth in Lake Elsinore Municipal Code Chapter 17.148 (Parking Requirements). Staff has determined PC April 6, 2010 Item No. 2 Page 7 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 8 of 9 that fifty -five (55) parking spaces are required onsite. A total of fifty -six (56) spaces have been provided including three (3) accessible parking spaces. In addition, aisle width and turning radius requirements have both been fully addressed. Architecture The applicant has provided a variety of building design features and forms by employing treatments such as roofline variation, articulated planes and decorative elements. Staff believes the proposed 'Ballpark" architectural style will serve as a strong gateway feature into the Ballpark District and will create a theme and feel that will be carried out as the District continues to evolve and develop over time. Overall, staff feels that all the architectural elements achieve a unique, one -of -a -kind appearance for a Walgreens drugstore facility. Colors and Materials The proposed building colors and materials appropriately interact to produce diversity and enhance the architectural effects. Landscaping The landscape design for the project site complies with the requirements set forth in LEMC Section 17.120.070. The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, provide shade and break -up expanses of pavement within the parking area. Moreover, the unique monument feature at the street corner will result in an attractive recognizable landmark. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In -fill Development Projects), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary. RECOMMENDATION a. Adopt Resolution No. PC- 2010 - recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adopt Resolution No. PC- 2010 -_ approving Conditional Use Permit No. 2009 -11 for the operation of single -lane drive -up pharmacy window based on the Findings, Exhibits, and proposed Conditions of Approval. c. Adopt Resolution No, PC- 2010 -_ approving Variance No. 2009 -03 allowing for PC April 6, 2010 Item No. 2 Page 8 of 62 Conditional Use Permit No. 2009 -11, Variance No. 2009 -03, CDR No. 2009 -07 April 6, 2010 Page 9 of 9 relief of a variety of development standards including a minimum drive -thru lane vehicle stacking reduction, parking lot setback reduction, landscape buffer width reduction, landscape planter width reduction, above parapet sign allowance and a freestanding sign setback reduction, based on the Findings, Exhibits, and proposed Conditions of Approval. d. Adopt Resolution No. PC- 2010 - recommending that the City Council approve Commercial Design Review No. 2009 -07 to construct a 13,678 square foot Walgreens drugstore along with associated onsite improvements, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Matthew C. Harris, M Senior Planner Approved By: Tom Weiner,1 Director of Community Development 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. 81/2" x 11" Plan Reductions 7. Full Size Plans PC April 6, 2010 Item No. 2 Page 9 of 62 VIUINI I Y MAN APN 363- 150 -035, 036 WALGREEN'S DRUGSTORE /DRIVE -UP PHARMACY CONDITIONAL USE PERMIT 2009 -11 VARIANCE 2009 -03 COMMERCIAL DESIGN REVIEW 2009 -07 <Q/rFSy�gF PROJECT SITE 0 s� O 0 z O Q D N O BARTCH__ 6 APRIL 2010 PC April 6, 2010 Item No. 2 Page 10 of 62 RESOLUTION NO. PC -2010- 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 WALGREENS DRUGSTORE IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, David and Yael McDowell, PHD Group LLC, filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2009- 07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11 (the "Project ") for the design and construction of a 13,678 square foot Walgreens drugstore with and associated pharmacy drive -up window on a 1.36 acre site located at 31718 Mission Trail and known as Assessor's Parcel No. 363- 150 -035 & 036, (the "Property "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 6, 2010. 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 PC April 6, 2010 Item No. 2 Page 11 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 2OF5 recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements ". The project site is not located within an MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines, Section 6.1.3 Protection of Narrow Endemic Plant Species Guidelines, Section 6.1.4 Urban/Wildlands Interface Guidelines, Section 6.3.1 Vegetation Mapping Guidelines, Section 6.3.2 Critical Area Species Survey Area Guidelines and Section 6.4 Fuels Management Guidelines. The majority of the project site was previously developed with a fast food restaurant that will be fully demolished in association with the project. The remainder of the project site is undeveloped. No habitat is present on this portion of the site. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No riverine /riparian areas or vernal pools are present on the undeveloped portion of the project site. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2. 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. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plan Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. PC April 6, 2010 Item No. 2 Page 12 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 3OF5 Per MSHCP requirements, the project is subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the undeveloped portion of the project site is subject to Burrowing Owl surveys. The City conducted a habitat suitability assessment for Burrowing Owl. There is no vegetation on the site and the soils are highly disturbed. Due to the nature of the disked soils and lack of debris or appropriate sized rodent holes, the site would be considered unsuitable for Burrowing Owls. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Project site has either been previously developed or is surrounded by existing development and graded. Therefore, Urban/Wildland Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 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. 10. The proposed project is consistent with the MSHCP. Based upon the information provided above, 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 Resolutions approving Commercial Design Review No. 2009 -07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11, 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. PC April 6, 2010 Item No. 2 Page 13 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 4OF5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 6th day of April 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 14 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of April, 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 15 of 62 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2009 -11 FOR THE ESTABLISHMENT OF A WALGREENS PHARMACY DRIVE - THRU FACILITY LOCATED AT 31781 MISSION TRAIL ROAD WHEREAS, David and Yael McDowell of "PHD Group LLC", have initiated proceedings to request the approval of Conditional Use Permit No. 2009 -11 (the "CUP ") in order to establish and operate a single -lane pharmacy drive -up window in association with a proposed Walgreens drugstore facility located at 31781 Mission Trail Road (APN: 363 -150 -035, 036) (the 'Project'). The site has a zoning designation of (C -1) Neighborhood Commercial and East Lake Specific Plan — General Commercial; 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 April 6, 2010, 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 and Conditional Use Permit No. 2009 -11 prior to rendering its decision and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2009 -11 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Class 32 categorical exemption for in -fill development projects. Specifically, the Planning Commission finds that the project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations for the reasons set forth herein below. PC April 6, 2010 Item No. 2 Page 16 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 2 OF 5 2. Will occur within the City limits, The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. 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. 2009 -11: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the planning districts in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded an opportunity to review the use permit and recommend conditions of approval as set forth in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the installation and maintenance of landscaping, walls, signs, regulation of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and 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 pharmacy drive -up window has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the PC April 6, 2010 Item No. 2 Page 17 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 5 immediate commercial area. Further, the Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the facility design has been reviewed to ensure adequate provision of screening from the adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed pharmacy drive -up window facility has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic and circulation generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car and truck. 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 and affected outside agencies thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168.050 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 17.168.050, the proposed pharmacy drive -up window has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on April 6, 2010. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2009 -11. 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 6th day of April, 2010. PC April 6, 2010 Item No. 2 Page 18 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 4OF5 Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 19 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of April 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 20 of 62 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2009 -03 TO VARY FROM A VARIETY OF DEVELOPMENT STANDARDS IN ASSOCIATION WITH THE CONSTRUCTION OF A WALGREENS PHARMACY /DRUGSTORE WITH DRIVE -UP WINDOW WHEREAS, David and Yael McDowell, PHD Group LLC, (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2009- 03 ( "the Variance'), in conjunction with Conditional Use Permit No. 2009 -11 (the "CUP "), and Commercial Design Review No. 2009 -07 ( "the Design "), to construct and establish a Walgreens drugstore facility with an associated drive -up pharmacy window which are collectively referred to herein as the "Project; and WHEREAS, through Variance No. 2009 -03 the Developer requests relief from a variety of associated development standards including a minimum drive -thru lane vehicle stacking reduction, parking lot setback reduction, landscape buffer width reduction, landscape planter reduction, above parapet sign allowance and a freestanding sign setback reduction; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying variances; and WHEREAS, 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 April 6th, 2010. 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 Variance No. 2009 -03 for the Walgreens drugstore facility prior to making a decision and has found it acceptable. SECTION 2. The Planning Commission hereby finds and determines that the project is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 of seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 of seq.: "CEQA Guidelines ") pursuant to Class 32 categorical exemption for in -fill development projects. Specifically, the Planning Commission finds that the project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations for the reasons set forth herein below. PC April 6, 2010 Item No. 2 Page 21 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 8 2. Will occur within the City limits, The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Variance No. 2009 -03: 1. Adequate conditions and safeguards pursuant to LEMC 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Drive -Thru Lane Vehicle Stacking Reduction The proposed Variance to reduce vehicle stacking requirements within the pharmacy window drive - through lane complies with the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of this reduction will assist in achieving the development of a well - balanced and functional mix of land uses as well as encourage commercial land uses to diversify Lake Elsinore 's economic base. Further, adequate conditions and safeguards pursuant to Section 17.172.050 have been incorporated in the approval of the variance to ensure that the drive through lane will achieve orderly onsite circulation and will be adequately buffered from surrounding land uses. Parking Lot Setback Reduction The proposed Variance located along the subject property's Diamond Drive frontage complies with the goals and objectives of the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of this reduction in parking lot setback from 20 foot average and 15 foot minimum to 10 feet will assist in achieving the development of a well - balanced and functional mix of land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. Further, adequate conditions and safeguards pursuant to Section 17.172.050 of the Lake Elsinore Municipal Code (LEMC), have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the planning district in which the site is located. Moreover, the allowance for this PC April 6, 2010 Item No. 2 Page 22 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 8 setback reduction will serve to create additional site area around the building perimeter enabling further articulation of building elevations. Landscape Buffer Width Reduction The proposed Variance located along the subject property's Diamond Drive frontage complies with the goals and objectives of the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of this reduction in landscape buffer width from 20 foot average and 15 foot minimum to 10 feet will assist in achieving the development of a well - balanced and functional mix of land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. Further, adequate conditions and safeguards pursuant to Section 17.172.050 of the Lake Elsinore Municipal Code (LEMC), have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the planning district in which the site is located. Moreover, an existing grade difference between the parking area and Diamond Drive, proposed 30 -inch tall site wall and landscaping improvements will all serve to adequately screen the parking lot. Landscape Planter Reduction The proposed Variance to eliminate a five foot wide landscape planter along the rear property line complies with the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of this reduction will assist in achieving the development of a well - balanced and functional mix of land uses as well as encourage commercial land uses to diversify Lake Elsinore's economic base. Adequate conditions and safeguards pursuant to Section 17.172.050 have been incorporated into the approval of the variance in order to ensure its appropriateness. An eight -foot tall screen wall shall be erected where the planter cannot be achieved to ensure adequate screening. Above Parapet Sian Allowance The proposed Variance to allow above parapet signage on the building complies with the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of this reduction will assist in achieving the development of a well - balanced and functional mix of land uses as well as encourage commercial land uses to diversify Lake Elsinore's economic base. Adequate conditions and safeguards, pursuant to Section 17.172.050, have been incorporated into the approval of the variance so as to ensure that the signage will not create adverse impacts on surrounding properties. Freestanding Sign Setback Reduction The proposed Variance to allow a setback reduction in association with a freestanding sign along the Mission Trail frontage complies with the General Plan, East Lake Specific Plan and Lake Elsinore Municipal Code in that the approval of PC April 6, 2010 Item No. 2 Page 23 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 4OF8 this reduction will assist in achieving the development of a well - balanced and functional mix of land uses as well as encourage commercial land uses to diversify Lake Elsinore's economic base. Adequate conditions and safeguards, pursuant to Section 17.172.050, have been incorporated into the approval of the variance so as to ensure that the signage will not create adverse impacts with regard to vehicle sight visibility or pedestrian obstructions onsite. 2. There are special circumstances, pursuant to the purpose of this chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. Drive -Thru Lane Vehicle Stacking Reduction The subject property has an irregular shape, has been compromised by an adjacent commercial building and has been reduced in size on two sides to achieve ultimate street right -of -way requirements. Therefore, special circumstances do indeed exist. Moreover, it has been determined that these same circumstances do not exist on other properties in the vicinity. Thus the drive through lane vehicle stacking reduction will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located, In addition, the allowance for reduced vehicle stacking in association with the drive through lane will not significantly affect onsite circulation or surrounding properties. Parking Lot Setback Reduction The subject property has an irregular shape, has been compromised by an adjacent commercial building and has been reduced in size on two sides to achieve ultimate street right -of -way requirements. Therefore, special circumstances do indeed exist. Moreover, it has been determined that these same circumstances do not exist on other properties in the vicinity. Thus, the parking lot setback reduction along Diamond Drive will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. In addition, the allowance for a reduced parking lot setback will result in additional site area around the building perimeter allowing for additional building articulation. Landscape Buffer Width Reduction The subject property has an irregular shape, has been compromised by an adjacent commercial building and has been reduced in size on two sides to achieve ultimate street right -of -way requirements. Therefore, special circumstances do indeed exist. Moreover, it has been determined that these same circumstances do not exist on other properties in the vicinity. Thus, the landscape buffer width reduction along Diamond Drive will not constitute a grant of special privileges inconsistent with the PC April 6, 2010 Item No. 2 Page 24 of 62 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 5 OF 8 limitations upon other properties in the vicinity and district in which the subject property is located. In addition, the allowance for a reduced landscape buffer width will not result in reduced screening of onsite parking facilities given the grade difference, proposed site wall and enhanced landscaping improvements. Landscape Planter Reduction The subject property has an irregular shape, has been compromised by an adjacent commercial building and has been reduced in size on two sides to achieve ultimate street right -of -way requirements. Due to these conditions, the landscape planter requirement cannot be achieved along a portion of the rear property line. Therefore, special circumstances do indeed exist. Moreover, it has been determined that these same circumstances do not exist on other properties in the vicinity. Thus, the landscape planter reduction will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. In addition, an eight -foot tall screen wall is proposed along this portion of the property which will serve to screen the site from adjacent properties. Above Parapet Sian Allowance The subject property is located at the southeast corner of Diamond Drive and Mission Trail and therefore serves as the gateway into the City's Ballpark District. Therefore, the property has a unique setting which does not occur on other properties in the vicinity. Based on this setting, the variance to allow special above parapet signage to further the "ballpark" architectural style of the onsite building will not constitute a grant of special privileges. In addition, the signage will not result in adverse impacts to adjacent properties. Freestanding Sign Setback Reduction The City is requiring ultimate right -of -way dedication for future road widening along the Mission Trail frontage. Therefore, special circumstances exist on the property which do not occur on surrounding properties. The variance to locate freestanding signage only six - inches from the proposed property line is necessary for visibility until such time that ultimate street widening improvements are constructed. This variance will not constitute a grant of special privileges and will not result in adverse impacts. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. Drive -Thru Lane Vehicle Stacking Reduction PC April 6, 2010 Item No. 2 Page 25 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 6OF8 In granting a drive through lane vehicle stacking reduction, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Parking Lot Setback Reduction In granting a parking lot setback reduction, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Landscape Buffer Width Reduction In granting a landscape buffer width reduction, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Landscape Planter Reduction In granting a landscape planter reduction, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Above Parapet Sign Allowance In granting on- building signage to be located above the parapet height, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Freestanding Sion Setback Reduction In granting a freestanding sign setback reduction, the City has determined that the request for a variance will represent the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution approving Conditional Use Permit No. 2009 -07 and Commercial Design Review No. 2009 -03, the Planning Commission hereby approves Variance No. 2009 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PC April 6, 2010 Item No. 2 Page 26 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 7 OF 8 PASSED, APPROVED AND ADOPTED this 6th day of April, 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 27 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 8 OF 8 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 - was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of April 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: , Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 28 of 62 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2009 -07 FOR THE WALGREENS DRUGSTORE FACILITY LOCATED AT 31781 MISSION TRAIL ROAD WHEREAS, David and Yael McDowell, PHD Group LLC (the "Developer"), has initiated proceedings for Commercial Design Review No. 2009 -07 for the design and construction of a 13,678 square foot Walgreens drugstore building and related improvements located on the southeast corner of Mission Trail and Diamond Drive APN's: 363- 150 -035, 036, in conjunction with Conditional Use Permit No. 2009 -11, and Variance No. 2009 -03 which are collectively referred to herein as the "Project'; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for commercial design review applications; and WHEREAS, on April 6, 2010, 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Commercial Design Review prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission has considered the proposed project prior to making a decision to recommend that the City Council find and determine that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to (Public Resources Code Sections 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 32 categorical exemption for in -fill development projects. Specifically, the Planning Commission finds that the Project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. PC April 6, 2010 Item No. 2 Page 29 of 62 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 4 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2009 -07: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the zoning district in which the project is located. The Commercial Design Review complies with the goals and objectives of the General Plan in that the approval of the drugstore facility will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses and the project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The Commercial Design Review is appropriate to the site and surrounding developments in that the facility has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. Further, the project, as proposed, will serve as the enhanced gateway into the City's Ballpark District in that the applicant is providing a building with a "Ballpark" architectural style to include a decorative brick veneer and steel architectural elements along with enhanced flatwork at the street intersection. All these elements provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City Departments to ensure that the drugstore and associated onsite improvements blend into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to LEMC 17.184.070, including guarantees and evidence of compliance with conditions, have been incorporated into the PC April 6, 2010 Item No. 2 Page 30 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 3OF4 approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the Site is located. Pursuant to LEMC Section 17.184.070, the Project has been scheduled for consideration and recommendation to the City Council on April 6 1h , 2010. In addition, the applicant has signed a Draft Acknowledgment of Acceptance of Conditions. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No. 2009 -07 for a Walgreens drugstore facility. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of April, 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 31 of 62 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC — 2010 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of APRIL, 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC April 6, 2010 Item No. 2 Page 32 of 62 PLANNING DIVISION GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2009 -11, Variance 2009 -03 and Commercial Design Review 2009 -07 located at 31718 Mission Trail (APN: 363- 150 -035, 036). 2. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project approval. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit, Variance and Design Review. 4. The Conditions of Approval for this project shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 5. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. 6. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. 7. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM and 5:00 PM, Monday through Saturday, and no construction activity shall occur on Sundays, or legal holidays. 8. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 9. The applicant shall comply with all applicable City codes and ordinances. Page 1 of 15 PC April 6, 2010 Item No. 2 Page 33 of 62 10. A Lot Line Adjustment application shall be submitted and approved by the Engineering Division to adjust the rear lot line of the subject property as shown on the approved site plan prior to issuance of a Building Permit. 11. A Lot Merger application to merge the two existing parcels onsite (APN Nos. 363- 150- 035,036) shall be submitted and approved by the Engineering Division prior to issuance of a Building Permit. 12. A Public Convenience and Necessity application shall be submitted and approved by the Planning Commission prior to selling beer and wine on the subject property. CONDITIONAL USE PERMIT 13. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 14. 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. 15. 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. 16. The future expansion of drugstore operating hours shall be reviewed and approved by the Community Development Director. 17. The hours of operation for the drive -up pharmacy window facility shall be limited to the hours of operation between 8:00 a.m. and 10 p.m. daily. 18. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 19. Exterior security lighting shall be provided in association with the drive -up pharmacy window facility. The lighting shall be shielded and directed on -site so as not to create glare onto neighboring properties. The proposed light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee. Page 2 of 15 PC April 6, 2010 Item No. 2 Page 34 of 62 20. Necessary traffic circulation signage shall be erected onsite in association with the drive -up pharmacy window lane. Signage shall be reviewed by the Community Development Director or designee. VARIANCE 21. Any alteration or expansion of a project for which this Variance was approved shall comply with all current Code provisions and regulations. An application for modification or other change in the conditions of approval of the Variance shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 22. Pursuant to Section 17.172.080 of the Lake Elsinore Municipal Code, Variance No. 2009 -03 shall lapse and become void one (1) year following the date on which the Variance became effective unless prior to the expiration of one (1) year, a Building Permit related to the variance is issued and construction commenced and diligently pursued toward completion. 23. Notwithstanding conditions to the contrary, the Variance granted herein pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the parcels which were the subject of the Variance application. 24. The location of the freestanding sign along the Mission Trail frontage shall be modified upon construction of ultimate street widening improvements so as to achieve setback requirements applicable at that time. COMMERCIAL DESIGN REVIEW 25. The Commercial Design Review will expire two (2) years from the date of approval unless within that period of time a building permit is issued and construction commenced and diligently pursued toward completion, or an extension of time is granted by the City of Lake Elsinore. 26. All site improvements shall be constructed as indicated on the approved site plan and building elevations for the Commercial Design Review, or as specified by these Conditions of Approval. Any revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. Page 3 of 15 PC April 6, 2010 Item No. 2 Page 35 of 62 27. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 28. All exterior onsite lighting shall be shielded and directed on -site so as not to create glare onto neighboring properties and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Community Development Director or designee. 29. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 30. No exterior roof ladders shall be permitted. 31. All exterior downspouts shall be concealed within the building. 32. Onsite surface drainage shall not cross sidewalks. 33. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. The colors and materials shall include the following: Thinline Brick Veneer & Facebrick: Pacific Clay 'Red Flash" Anodized Aluminum Storerfront Door and Window Framing: Kawneer "Hartford Green" Painted Steel or Prefinished Metal: To match "Hartford Green" Splitface Masonry: Orco Block "Valley Red" Spliface Masonry: Orco Block "Wheat" Stucco: Float Texture, La Habra "Pure Ivory' Pre -cast Concrete Cladding & Medallions: Concrete Designs Inc. "Oatmeal" Crosswalks, Driveway Entrances and Storefront Paving: Scored Concrete with Integral Color "Davis Mesa Blufr' 34. Three (3) sets of Construction Landscape Plans and Irrigation Details for the project are required. These drawings shall be submitted along with a cost estimate Page 4 of 15 PC April 6, 2010 Item No. 2 Page 36 of 62 CONDITIONS OF APPROVAL for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. The plans shall provide for ground cover, shrubs, trees, and vines and meet all requirements of the City's adopted Landscape Guidelines and Water Efficient Landscaping Ordinance. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c. Plantings within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. All landscaping and irrigation shall be fully installed at the time a Certificate of Occupancy is requested for the building. 35. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the Certificate of Occupancy. The bond shall cover ten (10 %) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate to install landscaping. 36. The property owner shall fully fund and construct the onsite sports monument including the monument wall, raised planter, flatwork, illumination improvements, irrigation, landscaping and associated water and electrical meters. The improvements shall be completed prior to issuance of final occupancy. In addition, the property owner shall fully fund all ongoing maintenance and operating costs associated with these improvements. 37. The Lake Elsinore Redevelopment Agency shall fully fund the creation and installation of all artwork on the sports monument including the City logo and associated halo illumination. In addition, the Agency shall fully fund the ongoing long -term maintenance of the artwork, City logo and associated halo illumination. The Redevelopment Agency shall provide final approval for all artwork and the City Logo and all costs associated with the creation and installation thereof prior to placement on the monument. Page 5 of 15 PC April 6, 2010 Item No. 2 Page 37 of 62 38. At least sixty (60) days before requesting a final inspection, the property owner shall submit an access easement for City review and approval in association with the Redevelopment Agency's long term maintenance of the onsite sports monument prior to recording. 39. Prior to issuance of Building Permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40. Prior to issuance of Building Permits, applicant shall provide assurance that the Public Building Impact Fee has been paid. 41. Prior to issuance of Building Permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 42. Prior to the issuance of Building Permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 43. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendent ". The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. ENGINEERING DIVISION GENERAL 44. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 45. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. Page 6 of 15 PC April 6, 2010 Item No. 2 Page 38 of 62 46. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. 47. All storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system; the working and stencil shall be approved by the City Engineer. 48. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 49. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 50. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and /or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (12 KV or lower) shall be undergrounded. Temporary power shall be installed per the requirements of Building Official. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. 51. The applicant shall install permanent bench marks / monuments per Riverside County Standards and at intersection of the project entrance and the centerline of Diamond Drive and Mission Trail. 52. The applicant shall preserve or install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 53. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. 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. 54. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 55. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: Page 7 of 15 PC April 6, 2010 Item No. 2 Page 39 of 62 • Stephens Kangaroo Habitat Fee (K -Rat): $500 per gross acre / 1.44 gross acres; • Traffic Infrastructure Fee (TIF): $3.84 per square foot increase (9,678 sq ft) (commercial) of buildings. The project may be eligible for reimbursement of road improvements (excludes sidewalk, landscape) constructed on both Diamond Drive (99.3 %) and Mission Trail (99.2 %) • Transportation Uniform Mitigation Fee (TUMF): $9.99 per square foot of new construction in excess of demolished structure (13,678 sq ft — 4,000 sq ft = 9,678 sq ft new construction subject to TUMF). • Drainage Fee: $0 (Lake Management Area) Project SIC code is: 5912, retail trade, drug stores and proprietary stores. NOTE: Above fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. FLOOD PLAIN: 56. The lowest floor is required to be 1 -foot above the base flood elevation as defined by FEMA. STORM WATER MANAGEMENT / POLLUTION PREVENTION 57. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4's). 58. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. The Applicant, at their expense, agrees to implement site design changes and /or revisions resulting from the review for approval of the WQMP, processing the changes and /or revisions through the appropriate City Departments for approval prior to implementation. 59. The applicant shall incorporate into the project plans combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by NPDES requirements for industrial and commercial projects within the San Jacinto, and Santa Ana River Watersheds. These new requirements are for on -site Water Quality Management Plans (WQMP's). On -site system(s) to remove pollutants of concern from your site must be in place to filter runoffs prior to entering any city storm drain facility. 60. The site design techniques in the WQMP shall achieve post development runoff flow rates, velocities, duration and volume from a 2 year and 10 year 24 hour Page 8 of 15 PC April 6, 2010 Item No. 2 Page 40 of 62 rainfall event to prevent significant increases in downstream erosion compared to the pre - development condition and prevents significant adverse impacts to stream habitat. The WQMP shall provide measures to minimize the impact from the pollutants of concern and hydrologic conditions of concern identified for the project. Where the pollutants of concern include pollutants that are listed as causing or contributing to impairments of receiving waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance as well as the mechanism for funding the long -term operation and maintenance of the BMP's. 61. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs in Supplement "A" of the Riverside County NPDES Drainage Area Management Plan (Required for lots of one acre or more or lots that are part of a larger common plan (ex. shopping center infill lot). Install NPDES approved stabilized entrance onsite to prevent tracking of material onto Diamond Drive and Mission Trail. PLEASE NOTE: the discharge of pollutants into street, gutters, storm drain system, or waterways — without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law. IMPROVEMENTS: 62. The owner shall process through the City Engineering Division for plan check, approval and recordation of dedication to the City right -of -way along Diamond Drive adjacent to the property frontage. Total right -of -way of 60 -feet as measured from the centerline of Diamond Drive to the new property line. The City of Lake Elsinore shall issue a temporary, long term encroachment permit to allow construction from the property line, 10 -feet into the new right -of -way. The long term, temporary encroachment permit will expire with the adoption of the proposed general plan circulation roadway half width of 50 -feet. 63. The owner shall process through the City Engineering Division for plan check, approval and recordation a dedication to the City along Mission Trail adjacent to the property frontage for a total right -of -way of 60' as measured from centerline to the project property line on Mission Trail. Page 9 of 15 PC April 6, 2010 Item No. 2 Page 41 of 62 CONDITIONS OF APPROVAL 64. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 65. An encroachment permit is required for all work to be done in the public right -of- way. Applicant shall submit the permit application, required fees and documents prior to issuance. 66. Applicant shall construct street improvements to City Standard. New street improvements shall match or transition to existing improvements along the southern property boundary. 67. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 68. All public improvements shall comply with ADA standards: 69. Provide public street lighting, consistent with City Standards. 70. Applicant shall submit signing and striping plans for City review and approval for Diamond Drive and Mission Trail. All signing and striping and traffic control devices shall be installed and approved by the City. 71. A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (LEMC 12.04 and 16.34) PRIOR TO GRADING PERMIT 72. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site. The plan shall include separate sheets for: Grading, Erosion control Haul route(s) to be used for movement of import or export material. Traffic control. 73. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and Lake Elsinore Design Manual (available at www.lake- elsinore.ora Page 10 of 15 PC April 6, 2010 Item No. 2 Page 42 of 62 74. All grading plan contours shall extend to minimum of 25 feet beyond property lines to indicate existing drainage pattern. 75. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be approved by the City Engineer. 76. The applicant shall apply for, obtain and submit to the City's Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 77. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 78. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and /or subsidence zones present on -site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. 79. The applicant shall obtain all necessary off -site easements and /or permits for off - site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 80. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 81. A preconstruction meeting with the City Public Works / Engineering Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 82. Export and import sites located within the Lake Elsinore City limits must have an active grading permit. 83. Applicant shall provide the city with a copy of the Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program prior to issuance of grading permit(s). Page 11 of 15 PC April 6, 2010 Item No. 2 Page 43 of 62 CONDITIONS OF APPROVAL 84. Approval of the project Storm Water Pollution Prevention Plan ( SWPPP) (required for projects of 1 acre or more) and erosion control plan shall be received and BMPs implemented prior to issuance of a grading permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 85. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 86. Submit an approved environmental clearance document provided by City Planning Division to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. Any variation shall require an appropriate environmental clearance prior to issuance of a grading permit. 87. Applicant shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat prior to issuance of the grading permit. PRIOR TO BUILDING PERMIT 88. The applicant shall submit a "Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 89. The owner shall dedicate an access easement across the 'future access aisle" for public use. 90. The owner shall process a lot line adjustment for the parcel APN 363- 150 -009 as noted on the site plan as "Proposed Lot Line Adjustment" through the City Engineering Division for plan check, approval and recordation. 91. The owner shall process through the City Engineering Division for plan check, approval and recordation a parcel merger for APN 363- 150 -035 and 363- 150 -036. 92. All required public right -of -way dedications and easements shall be prepared by the applicant or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 93. Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. Page 12 of 15 PC April 6, 2010 Item No. 2 Page 44 of 62 PRIOR TO OCCUPANCY /FINAL APPROVAL: 94. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the County /City Building Official(s). 95. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 96. All required public right -of -way dedications, easements and vacations and easement agreement(s) for ingress and egress through adjacent property (ies) shall be recorded with a recorded copy provided to the City prior to final project approval. 97. Slope maintenance along right -of -ways and open spaces shall be maintained by the property owner. Documentation of maintenance responsibility shall be in a recordable format and recorded prior to occupancy /final. 98. All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 99. All signing and striping and traffic control devices onsite and on Mission Trail and Diamond Drive shall be installed. 100. The applicant shall pay cash -in -lieu of construction of future median improvements on Diamond Drive. The fee shall be equal to current cost estimate for improvements (including contingency) plus an additional 15% of the total construction cost estimate to cover design and administrative costs. The cost estimate shall be approved by City staff. 101. Water and sewer improvements shall be completed in accordance with Water District Requirements. 102. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, applicant shall: Page 13 of 15 PC April 6, 2010 Item No. 2 Page 45 of 62 1) Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; 2) Demonstrate that they are prepared to, implement all non - structural BMPs included in the conditions of approval or building /grading permit conditions; 3) Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and 4) The applicant shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 5) The property owner shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project- specific WQMP. 103. Certificates or permits may be ministerially withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center, or complex. 104. Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy /final approval. 105. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer /owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built' plans in .tif format. 106. Notice of Completion for construction activity shall be recorded with the County of Riverside Recorder's Office and a recorded copy provided to the Engineering Division. 107. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. "ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Page 14 of 15 PC April 6, 2010 Item No. 2 Page 46 of 62 ADMINISTRATIVE SERVICES DEPARTMENT 108. Prior to issuance of any building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall pay to the City a non - refundable deposit in the amount of $5,000 to cover the cost of the annexation process. RIVERSIDE COUNTY FIRE DEPARTMENT 109. The applicant shall comply with all Riverside County Fire Departments requirements and standards (see attached conditions of approval). LAKE ELSINORE UNIFIED SCHOOL DISTRICT 110. Pursuant to AB 2926, AB 1600 and AB 181, the owner /developer shall pay the maximum allowable commercial school fee prior to the issuance of a Certificate of Occupancy. Page 15 of 15 PC April 6, 2010 Item No. 2 Page 47 of 62 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection John R. Hawkins Fire Chief Proudly serving the unincorporated .areas of Riverside County and the Cities oh Banning Beaumont Calimesa 0. Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore. La Quinta Moreno Valley Palm Desert Perris Rancho Mirage Rubidoux CSD San Jacinto 4 . Temecula Board or Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District4 Marion Ashley, District 5 2300 Market St, Ste 150, • Riverside, CA 92501 • (951) 955 =4777 • Fax (951) 955 -4886 CONDITIONS OF APPROVAL PERMIT NUMBER: 09- LE- CUP -11 REVIEWED BY: AFM DANIEL WAGNER ON 11 -25 -2009 WALGREEENS, 31781 MISSION TR RD, LAKE ELSINORE, CA 92530 APPLICANT: YAEL MCDOWELL PHD GROUP, LLC, C/O CITY OF LAKE ELSINORE, MATT HARRIS, SR. PLANNER, 130 S. MAIN ST, LAKE ELSINORE, CA 92562 951674-3124 X 279 FAX 951471-1419 EMAIL; mharris cr,lake- elsinore olg 10 GENERAL CONDITIONS 10.FIRE.999PC -#01 —West Fire Protection Planning Office Responsibility IN EFFECT It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number ( it is noted above is required on all correspondence. Additional information is available at our websitei www.rvcfire.org go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955- 4777, Fax: (951) 955 -4886. 1D.FIRE.999 CASE — CITY CASE STATEMENT IN EFFECT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognize fire protection standards 77 -933 Las Montanas, Palm Desert, CA 92211 • (760) 863 -8886 • Fax (760)863 -7072 C: \Documcnts and Scuings\awardUily Documents \Conditions \Conditions? \LAKE. ELSINORE\09 -LE -CUP -11. 11.25-2009.doc Page 1 of 3 PC April 6, 2010 Item No. 2 Page 48 of 62 10.FIRE.999 USE - #50 -BLUE DOT REFELECTOR IN EFFECT Blue retro reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Riverside County Fire Department. 10.FIRE.999 USE * -#23 —MIN REQ FIRE FLOW IN EFFECT Minimum required fire flow shall be 1625 GPM for two hoursr 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 "VB" construction per the 2007 CBC and Ordinance 787; Building(s) having a fire sprinkler system. 10.FIRE.999 USE- #31- ON<OFF NOT LOOPED HYD IN EFFECT A combination of on -site and off -site super fire hydrant (s) (6' x 4" x 2 Y2" x 2 %") will be located not less than feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant (s) in the system. 80.. PRIOR TO BUILDING PERMIT ISSUANCE 80.FIRE.999 USE -#17A -BLDG PLAN CHECK $ IN EFFECT Building plan check deposit fee of $307 to $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been reviewed by our office. 80.FIRE.999 USE -#4— WATER PLANS IN EFFECT 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. The system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 90, PRIOR TO BUILDING FINAL INSPECTION 9UIRE -999 USE-#45— FIRE LANES IN EFFECT 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. 90.FIRE -999 USE - #12A- SPRINKLER SYSTEM IN EFFECT Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire 77 -933 Las Montaiias, Palm Desert CA 92211 • (760) 863 -8886 . Fax (760) 863 -7072 C:\Documents and Scttings\aw dWy Documents\ Conditions\ Conditions2 \LAKEELSINOREO- L&CUP- 1111.- 252009.dm Page 2 of 3 PC April 6, 2010 Item No. 2 Page 49 of 62 department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline. handout (current monitoring plan check deposit base fee is $192.00) 90.FIRE.999 USE -#27- EXTINGUISHERS IN EFFECT Install portable fire extinguishers with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinets mounted 48" (Inches) to center above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 77 -933 Las Montanas, Palm Desert, CA 92211 a (760) 863 -8886 • Fax (760) 863 -7072 CADocumcnts and Settings\award\My Documents \Conditions \Conditions2 \LAKE ELSINORM09•LE- CUP -1 111- 25.2009.doc Page 3 of 3 PC April 6, 2010 Item No. 2 Page 50 of 62 CITY OF r � LADE LSIROKE — % ` DREAM EXTREME. Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Notice of Exemption ❑x County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Conditional Use Permit No. 2009 -11, Commercial Design Review No. 2009 -07 & Variance No. 2009 -03 Project Location (Specific): The proposed project is located on the southeast comer of Mission Trail and Diamond Drive (APN: 363- 150 -035 & 036). More specifically, the property is located within the G 1 (Neighborhood Commercial) & East Lake Specific Plan - General Commercial zoning districts. Project Location (City): Cityof Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project- The applicant is proposing to develop a 13,678 square -foot Walgreens drug store building with associated drive -up window and other associated onsite improvements. In addition, a variety of variances are required in association with the project. The project was approved by the Lake Elsinore Planning Commission on _, 2010 and the Lake Elsinore City Council on _, 2010. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project- Matthew C. Harris, Senior Planner, City of Lake Elsinore Exempt Status: • Ministerial (Section 15073) • Declared Emergency (Section 15071 (a)) • Emergency Project (Section 15071 (b) and (c)) • Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15332, Class 32 In -fill Development Projects Reasons why project is exempt: This project meets the requirements pursuant to Section 15332 of the California Environmental Quality Act (CEQA). Contact Person: Matthew C. Harris, Senior Planner Telephone Number. (951) 674 -3124 x 279 Signed: Tom Weiner Title: Director of CommuniW Development PC April 6, 2010 Item No. 2 Page 51 of 62 CITY DREAM ACKNOWLEDGMENT OF "DRAFT" COND11IONS OF APPROVAL Subject: CONDITIONAL NO. 2x09 -03 A NS DRUGSTORE WITH AN Al PHARMACY WINDOW ON AT 31748 M18SION TRAIL. ROAD 036) I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the planning Commission /City Council. I also und6mtand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (95) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the pro -- visions of Chapter 17.80 ofthe Lake Elsinore Municipal Code (Llv`IViC) Date: 3 t Applicant's Signatur �'`N�\, Print Name: -�t V, 8 � Address: agn b L.€A,14C 114CCJ e . 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