HomeMy WebLinkAboutItem #13CITY
LADE
L��q LSII`�ORE
—N DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: JULY 9, 2013
SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2013 -02 AND ZONE
CHANGE NO. 2013 -03 — A REQUEST FOR THE
CONSTRUCTION OF A NEW 7- ELEVEN CONVENIENCE
STORE AND ASSOCIATED LANDSCAPE AND SIGNAGE
IMPROVEMENTS AT 515 N. MAIN STREET AND AN
AMENDMENT TO THE LAKE ELSINORE DOWNTOWN
MASTER PLAN'S DOWNTOWNCODE TO ADD GASOLINE
STATIONS AS A CONDITIONALLY PERMITED USE, IN
SOME AREAS SUBJECT TO THE DOWNTOWN MASTER
PLAN.
Recommendation
1. Waive further reading and introduce by title only: Ordinance No. 2013- tAI55;
Ordinance of the City Council of the City of Lake Elsinore, California, Approving
Zone Change No. 2013 -03, Amending the Land Use Matrix Contained within Section
1.4 of the City of Lake Elsinore Downtowncode, by roll call vote.
2. Adopt Resolution No. 2013 -04; A Resolution of the City Council of the City Council
of the City of Lake Elsinore, California, Approving Commercial Design Review No.
2013 -02, for Development of a New 3,010 Square Foot 7- Eleven Convenience Store
Located at 515 North Main Street (APN: 377 - 242 -021)
Background
At its regular meeting on June 18, 2013, the proposed Commercial Design Review and
related Zone Change were reviewed by the Planning Commission. Overall, the
Planning Commission expressed satisfaction with the project and recommended
AGENDA ITEM NO. 13
Page 1 of 45
Commercial Design Review No. 2013 -02 /Zone Change No. 2013 -03
July 9, 2013
Page 2of5
approval (4 -0 vote, Commissioner Jordan absent) of Commercial Design Review No.
2013 -02 and Zone Change No. 2013 -03.
Additionally, the Planning Commission adopted Resolution No. 2013 -60 (4 -0 vote,
Commissioner Jordan absent) approving Conditional Use Permit No. 2013 -02 approving
gasoline sales with the concurrent sale of beer and wine at the proposed 7- Eleven and
making a Finding of Public Convenience and Necessary related to the beer and wine
sales.
Discussion
The subject project is the proposed development of a new 7- Eleven convenience store
and gas station on the 1.13 -acre project site (APN 377 - 242 -021), which is the location
of a former Union 76 service station located at 515 North Main Street directly adjacent
to the southbound 115 Freeway off ramp.
Development of the 7- Eleven involves the demolition of the existing automotive service
building, the retrofit of the existing fueling canopy and gas pumps and the construction
of a new 3,010 square foot 7- Eleven convenience store. The architectural style of the
proposed 7- Eleven convenience store is intended to blend with that of the Lake Elsinore
Historic Downtown by providing a red brick fagade, green canopies, and goose neck
reflected lighting.
The proposed 7- Eleven development will provide about ten (10) full time and part time
jobs to the community. The hours of operation will be 24 hours a day, which will offer
convenient shopping to the immediate community as well as a gas services immediately
adjacent to the freeway off -ramp. Since the location, size, design, on site traffic
patterns, and operational characteristics will remain the same as the former Union 76
gas station there will not be an increase to the existing noise, traffic or other
environmental conditions.
Since the new 7- Eleven convenience store will operate 24 hours a day, it will
incorporate updated security measures by requiring employees to be trained as part of
7- Eleven's national training program. Security cameras will also be installed. 7- Eleven
has indicated that it will offer a large diversity of food and other miscellaneous items
such as magazines, fresh brewed coffee, milk, cheeses, chips, prepared foods and
baked goods, along with soft drinks and other non - alcoholic beverages. Although 7-
Eleven considers the sale of beer and wine to be an important concept of their
business, it is expected to comprise only about 4% of the total sales floor area and
about 10% of the total sales.
The development of the new 7- Eleven new building and site improvements will vastly
improve the visual aesthetics of the Gateway into Downtown Lake Elsinore.
Page 2 of 45
Commercial Design Review No. 2013 -02 /Zone Change No. 2013 -03
July 9, 2013
Page 3 of 5
Analysis
Commercial Design Review No. 2013 -02
The applicant is requesting the approval of a Commercial Design Review to allow for
the design and development of a new 3,010 square foot 7- Eleven convenience store
and gas station on an existing 1.13 acre site. A new infiltration basin will be constructed
on the undeveloped portion of the site. The new 7- Eleven convenience store will have a
total of 6% lot coverage, landscaping will be approximately 19.5% of the project site,
and the hardscape coverage will be approximately 40 %. It should also be noted that
only the proposed development area where the new 7- Eleven convenience store, new
parking lot, landscaping and related improvements will occur, will be enclosed by a new
six (6' -0 ") foot high wrought iron fence.
Signage
The applicant is proposing to update the freeway pylon sign by replacing the old round
sign with a round sign featuring the 7- Eleven logo with space available for a separate
"City of Lake Elsinore Historic Downtown" sign. The applicant will also add an
electronic gasoline price sign, a wall sign and a window sign, all which should
substantially comply with the submitted plans and applied conditions of approval.
Much of the testimony from the applicant and the discussion by the Planning
Commission centered upon the design of the freeway pylon sign's design. The pylon
sign features a separate "Historic Downtown Lake Elsinore" sign. Although the project
elevations show a sample sign; there is a condition of approval (Condition of Approval
No. 20) requiring that this sign be redesigned by the City. The Planning Commission
was concerned whether it would have any input or control over the final design of the
City sign. At the Planning Commission hearing, the applicant stated that its plan was for
the City to design and pay for the sign. The Planning Commission agreed that the City
should pay for the sign and amended Condition of Approval 20 to require the "Historic
Downtown" sign receive final approval by the Planning Commission and that the sign be
subject to such written agreement approved by the City Attorney detailing the
responsibilities of the City and the applicant as to the fabrication, installation,
maintenance, repair and utilities.
Zone Change No. 2013 -03
On December 13, 2011, the City Council adopted the Downtown Master Plan and the
related Downtowncode. The Downtowncode established the zoning standards that are
intended to implement the Downtown Master Plan. Section 1.4 of the Downtowncode
includes a detailed land use matrix that specifies permitted uses, conditionally permitted
uses and prohibited uses for each of the Master Plan districts and the land uses within
each district. Although there are several existing gasoline stations located within the
Page 3 of 45
Commercial Design Review No. 2013 -02 /Zone Change No. 2013 -03
July 9, 2013
Page 4 of 5
downtown area, the matrix does not currently list gasoline stations as an allowable land
use. This means the existing facilities are nonconforming land uses with limited ability
to provide new upgraded improvements.
For this reason, the applicant submitted an application for a zone change which
requests that the Downtowncode be amended to add gasoline stations as a
conditionally permitted use for the subject property. Staff concurs with the request, but
is also recommending that the Land Use Matrix in the Downtowncode be amended to
recognize the existing gas stations located at the corners of Main Street and Sumner
Avenue and at Graham Avenue and Spring Streets. In order to make gasoline stations
a conditionally permitted use in some areas subject to the Downtown Master Plan, with
some limitations, Staffs recommended changes to the Land Use Matrix are:
1. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
Gateway Commercial zone in the Gateway District.
2. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
Residential Mixed Use zone in the Garden District
3. Add Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
General Commercial zone of the Historic District.
4. Apply a footnote to the above three changes in the Land Use Matrix that
reads: "In order to prevent a concentration of Gasoline Dispensary
Establishments, such establishments are conditionally permitted when
located no closer than 1,000 feet from any existing Gasoline Dispensing
Establishment within the Downtown Master Plan boundaries"
Environmental Determination
Staff has determined that the proposed project is exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the
State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to
Section 15332 (Class 32 — In -Fill Development Projects) because the Project is
consistent with the applicable General Plan designation and policies, as well as zoning
designation and regulations, the Project is within the City's boundaries and on a site
less than five acres surrounded by urban uses, the Property has no value as habitat,
and approval of the Project will not result in any significant effects relating to traffic,
noise, air quality, or water quality and the Project is adequately served by all required
utilities and public services.
Page 4 of 45
Commercial Design Review No. 2013 -02 /Zone Change No. 2013 -03
July 9, 2013
Page 5 of 5
Fiscal Impact
Ultimately, the proposed project will have a positive fiscal impact to the community and
the City. The proposed 7- Eleven will generate sales tax revenues for the City of Lake
Elsinore. In addition to the sales tax revenue that will be generated, it is anticipated that
the development of the project will provide necessary construction jobs.
Prepared by: Richard J. MacHott, LEED Green Associat
Acting Planning
Reviewed by: Grant Taylor,-N-^-"�'
Community Development Director
Approved by: Grant Yates
City Manager,--'
Attachments:
1. Vicinity Map
2. Downtown Master Plan - District Map
3. City Council Ordinance No. 2013; and Resolution No. 2+013- L�U.
4- Conditions of Approval
5. Planning Commission Staff Report dated June 18, 2012
6. 11" x 17" Color Exhibits
Page 5 of 45
Page 6 of 45
VICINITY MAP
COMMERCIAL DESIGN REVIEW NO. 2013 -02
AND
ZONE CHANGE NO. 2013 -03
CITY COUNCIL
Page 7 of 45
Downtown Master Plan - Districts
Page 9 of 45
Page 10 of 45
ORDINANCE NO. 2013 -1315
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2013 -03, AMENDING THE LAND USE MATRIX CONTAINED
WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE
DOWNTOWNCODE
WHEREAS, an application has been filed with the City of Lake Elsinore by Tom
Bergerson of DMB Architects requesting approval of Zone Change No. 2013 -03 for
property located at 515 North Main Street; and
WHEREAS, on December 13, 2011, the City Council adopted the Downtown
Master Plan and the related Downtowncode; and the Downtowncode established the
zoning standards that are intended to implement the Downtown Master Plan; and
WHEREAS, the proposed Zone Change No. 2013 -03 would amend the detailed
Land Use Matrix contained within Section 1.4 of the Downtowncode to add gasoline
stations as a conditionally permitted use for the subject property; and
WHEREAS, Planning Staff has also recommended that the Land Use Matrix in
the Downtowncode be amended to recognize the existing gas stations located at the
corners of Main Street and Sumner Avenue and at Graham Avenue and Spring Streets;
and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions: and
WHEREAS, on June 18, 2013 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 and made its
recommendation in favor of Zone Change No. 2013 -03 by adopting Planning
Commission Resolution No. 2013 -58 recommending to the City Council approval of
Zone Change No. 2013 -03; and
WHEREAS, on July 9, 2013 at a duly noticed public hearing, the City Council has
considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed proposed Zone
Change No. 2013 -03 pursuant to the California Planning and Zoning Laws (Cal. Gov.
Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore
Page 11 of 45
ORDINANCE NO. 2013 -1315
Page 2 of 3
Municipal Code (LEMC) and finds and determines that the proposed Downtowncode
amendment is consistent with the requirements of California Planning and Zoning Law
and with the goals and policies of the Lake Elsinore General Plan and the LEMC.
SECTION 2. That in accordance with the California Planning and Zoning Law
and the LEMC, the City Council hereby makes the following findings for Zone Change
No. 2013 -03:
1. The proposed Zone Change will not be; a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
Downtown Master Plan boundaries or within the City, or b) injurious to the
property or improvements in the neighborhood or within the City.
a. As reviewed by all applicable City Divisions and Departments and
Agencies, the proposed zone change will not be detrimental to the health,
safety, comfort and welfare of the persons residing or working within or
near the neighborhoods affected by the proposed zone change.
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan including the Downtown Master Plan and the
development standards established with the Lake Elsinore Municipal Code
(LEMC).
a. The proposed change to the Downtowncode will facilitate the
establishment of neighborhood - serving commercial and retail
opportunities for existing and future residents in the surrounding area.
Consequently, the proposed project will not conflict with any applicable
land use plan, policy, or regulation.
3. The proposed amendment of the Downtowncode recognizes several existing
gasoline dispensing establishments currently located within the boundaries of
the Downtown Master Plan and will make said land uses conforming with the
applicable zoning document.
a. The proposed commercial project will add "Gasoline Dispensing
Establishment (subject to Municipal Code Section 17.112.090)" as a use
permitted with a Conditional Use Permit within the Gateway Commercial
zone in the Gateway District, the Residential Mixed Use zone in the
Garden District and the General Commercial zone of the Historic District
subject to the restriction that in order to prevent a concentration of
Gasoline Dispensary Establishments, such establishments are
conditionally permitted when located no closer than 1, 000 feet from any
existing Gasoline Dispensing Establishment within the Downtown Master
Plan boundaries.
4. The proposed Zone Change No. 2013 -03 is categorically exempt from
California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et
seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000
et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill
Development Projects).
Page 12 of 45
ORDINANCE NO. 2013 -1315
Page 3 of 3
a. The proposed Zone Change No. 2013 -03 is consistent with the applicable
General Plan designation and policies, as well as zoning designation and
regulations, the Project is within the City's boundaries and on a site less
than five acres surrounded by urban uses, the Property has no value as
habitat, and approval of the Project will not result in any significant effects
relating to traffic, noise, air quality, or water quality and the Project is
adequately served by all required utilities and public services.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby approves Zone Change No. 2013 -03
amending the detailed Land Use Matrix contained within Section 1.4 of the
Downtowncode to add gasoline stations as a conditionally permitted use, as shown on
Exhibit "A."
SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 9th day of July, 2013 and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 23rd day of July, 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, CMC
City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold
City Attorney
Page 13 of 45
1 0M\ tHOW1M
section 1.4 detailed land use matrix
Resource Protection and Restoration
P
P P P P P P
P
P
Resource Related Recreation
(no n- commercial)
P
P
Arboretums and horticultural gardens
CUP
CUP
P
Art Galleries
P
P
P
P
P
Community and Social Service Facilities
P
-
P
P P
P
Community Assembly per Municipal
Code Chapters 117.200 (Temporary Uses(
and 5.106 (Special Events(
P
P
P
P
P P
P P
P
Convention and conference centers
CUP
Libraries and Museums
P
Observatories
P
Private marine, estuarial, wildlife and
wilderness preserves
_
'
Pubic Agency Offices and Facilities
Pi
CUP
P
Civic Theaters- (Pubic or Non - Profit)
CUP CUP
CUP
Theaters - Commercial (Including
cinema).
CUP
Caretaker /Employee Quarters
P
P
P
P
P
P
Mu&Famlly Dwellings • Condominiums
and Apartments (including mixed -use
placement).
P
P
P
P P
Single Family Dwellings - Clustered. 2
P
P
Apparel stores
P
P
P
P
P
Bicycle shops
P
P
P
P
P
Florist
P
P
P
P
P
4P
P
General merchandise stores
P
P
P
P
P
Gift, novelty, and souvenir shops
P
P
P
P
P
Hobby supply stores
P,
P
P
P
P
Ice Cream Shops
P
P
P
P
P
P
Jewelry stores
P
P
P
P
P
P
Media shops; Including bookstores,
newstands, and video outlets
P
P
P
P
P
P
Page 14 of 45
N
ll
F
X
ZJ
o
C 0
O •_
U
3 U
O
� -
r x
o
U
ti
X
O
l
Q
Page 15 of 45
section 1.4 detailed land use matrix
A
Page 16 of 45
Music stores; inck)ding sales of instruments.
records, and tapes.
P
P
P
I P
P
Personal service establishments: including
barber shops, beauty supplies, dry
cleaning, and tailors.
P
P
P
P
P
P
Personal Services: Body Art
CUP
Pet shops; retail sales and grooming only.
No boarding of animals.
P
P
P
Pet Supply Stores (no live pets).
P
P
P
P
P
Specially service establishments; such as
small appliance repair, watch and jewelry
repair, and shoe repair.
P
P
P
P
P
Specialty food stores less than 4,000 sq. ft.;
Including markets, bakeries, health food
establishments, and candy stores.
P
P
CUP
P
P
P
Toy Shops.
P
P
P
P
P
P
Business support /mulling /secretarial
services
P
Personal services
(barber shops, beauty shops, manicure.
and related service)
P
P
P
P
P
Dry cleaning, retail
CUP
CUP
P
P
Laundry (self service, coin)
P
CUP
P
P
Dance, gymnastics and martial arts studio.
P
P3
CUP
CUP3
P
Automobile rental agencies, office only
P
P
P
P
Bait Shops,
CUP CUP
Bicycle rental shops.
P
P
P
P
P
Ticket agencies.
P
P
P
P
Travel agencies and bureaus.
P
P
P
P
Health and exercise clubs.
CUP
CUP
CUP
Cup
Hotels,
P
Bed & Breakfast establishments; boutique
lodging (12 rooms or less).
CUP
CUP
CUP
Offices, professional,
P
P
P
P
P P P
Insurance brokers & services, investment
brokers, real estate brokers and offices
and title and escrow companies.
P
P
P P P
i &4osne LxWen" srenlrsnmenl (suMm io Murt�clpsl
P Qairn 17 11 )
CUp1
CUP7
_
_ __
CUP7
Page 16 of 45
Page 17 of 45
Music stores; including sales of fnstrumenis,
records, and tapes.
P
P
Personal service establishments: including
barber shops, beauty shops, dry cleaning,
and lallors.
P
P
P
P
P
Personal Services: Body Art
CUP
CUP
Pet shops; retail sales and grooming only
No boarding of animals.
P
P
Pet Supply Stores (no live pets)
P
P
Specially service establishments; such as
small appliance repair, watch and jewelry
repair, and shoe repair..
P
P
Specially food stores less than 4,000 sq. fi,:
including markets, bakeries, health food
estoblishments, and candy stores.
P
P
P
P
P
Toy shops.
P
P
P
P
P
Business support /maing/secretadd
services
Personal services
( borber shops, beauty shops, massage,
manicure, and reloted service)
P
P
P
P
P
Dry cleaning, retail,
P
P
Laundry (self service, coin).
P
P
Dance, gymnastics and martial arts studio.
P3
P3
P3
Automobile rental agencies, office only.
P
P
Bait Shops.
CUP
Bicycle rental shops.
P
P
P
P
P
Ticket agencies
P
P
Travel agencies and bureaus.
P
P
Health and exercise clubs.
CUP
CUP
Hotels.
P
P
Bed & Breakfast establishments; boutique
lodging 112 rooms or essj.
CUP
CUP
P
P
Offices, professional -
Insurance brokers & services, investment
brokers, real estate brokers and offices
and title and escrow comoonles,
r i.d +5waun V 1 i•,�aiu -
—
—
Page 17 of 45
section 1.4 detailed land use matrix
I Maximum of 20 percent of permitted uses.
2 Multiple single - family detached residential uses are permitted on a single lot, provided density range Is consistent with underlying district.
3 CUP required if over 2,000 square feet.
4 Conditionally permitted when Integrated Into a larger development (no stand alone outlets permitted)
5 <1,500 square feet to support neighborhood uses.
6 <2,000 square feet to support neighborhood uses.
7 In order to prevent a concentration of Gasoline Dispensary Establishments, such establishments are conditionally permitted when
located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries.
Page 18 of 45
Banks and financlal services.
P
P
P P P
Stationary stores.
P
P
P P P
Photography sludlos.
P
P
P
P
Prescription pharmacies.
P
P
P P P
Quick copy and printing establishments.
P
P
P P P
Specialty entertainment.
CUP CUP
Fast Food without Drive through, sandwich
P5
CUP
P
CUP P
shops
Restaurants
P
P6
CUP
P
P
(no beer, wine or liquor soles).
Restaurants
CUP
CUP6
CUP
CUP
CUP
(with outdoor sealing).
Restaurants
CUP
CUP6
CUP
CUP
CUP
(serving beer, wine, or liquor(.
Nightclubs /drinking establishments.
CUP
CUP
Incubator businesses which do not create
CUP
CUP
any noise, vibration, electromagnetic,
radiation or other adverse impacts to other
properties in the vicinity. May include
limited industrial incubator businesses.
Bakery (in conjunction with retail sales or
CUP
CUP
CUP CUP
restaurant)
Manufacturing - light, only in conjunction
CUP CUP
wilh a retail outlet for goods manufactured
on -site.
Antennas and communication facilities
'
per Municipal Code Chapter 17.208•
Heliport
CUP
I Maximum of 20 percent of permitted uses.
2 Multiple single - family detached residential uses are permitted on a single lot, provided density range Is consistent with underlying district.
3 CUP required if over 2,000 square feet.
4 Conditionally permitted when Integrated Into a larger development (no stand alone outlets permitted)
5 <1,500 square feet to support neighborhood uses.
6 <2,000 square feet to support neighborhood uses.
7 In order to prevent a concentration of Gasoline Dispensary Establishments, such establishments are conditionally permitted when
located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries.
Page 18 of 45
W�- E�
Banks and financial services.
Stationary stores.
Photography studios.
Prescription pharmacies.
Quick copy and printing estabOshrr
Specialty entertainment.
Fast Food without Drive through, sc
shops
Restaurants
(no beer, wine .or liquor sales)
Restaurants
(with outdoor sealing).
Restaurants
(serving beer, wine, or liquor)
Nightclubs /drinking estobllshmenis
Incubator businesses which do not
any noise, vibration, eleclromagnc
radotlon or other adverse impacts
properties in the vicinity, May Inclk
limited industrial :ncubalor bushes!
Bakery (in conjunction with retail sc
restaurant).
Manufacturing - light, only in conju
with a retail outlet for goods manu
on -site.
Antennas and communication fac
- per Municipal Code Chapter 17:
Heliport
Page 19 of 45
Page 20 of 45
RESOLUTION NO. 2013 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN
REVIEW NO. 2013 -02, FOR DEVELOPMENT OF A NEW 3,010 SQUARE
FOOT 7- ELEVEN CONVENIENCE STORE LOCATED AT 515 NORTH
MAIN STREET (APN: 377 - 242 -021)
WHEREAS, an application has been filed with the City of Lake Elsinore by Tom
Bergerson of DMB Architects requesting approval of Commercial Design Review No.
2013 -02 for a 7- Eleven Convenience Store (the "Project ") to be located at 515 North
Main Street also known as Assessor's Parcel No.'s 377 - 242 -021 ( "the Site "); and
WHEREAS, the applicant is proposing to demolish the existing automotive
service building on the project site, retrofit the existing fueling canopy and gas pumps
and construct a new 3,010 square foot 7- Eleven convenience store; and
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code
( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning
Commission for commercial design review applications; and
WHEREAS, on June 4, 2013 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 and made its
recommendation in favor of Commercial Design Review No. 2013 -02 by adopting
Planning Commission Resolution No. 2013 -59 recommending to the City Council
approval of Commercial Design Review No. 2013 -02; and
WHEREAS, on July 9, 2013 at a duly noticed public hearing, the City Council has
considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed request for
Commercial Design Review No. 2013 -02 for the establishment and operation of a new
3,010 square foot 7- Eleven convenience store prior to making a decision to recommend
that the City Council approve the application. The City Council finds that the
Commercial Design Review satisfies all requirements set forth in Chapter 17.184 of the
Lake Elsinore Municipal Code.
SECTION 2. The City Council hereby finds and determines that the Project is
categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code
§ §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs
§ §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill
Page 21 of 45
City Council Resolution No. 2013 -042
Page 2 OF 3
Development Projects) because the Project is consistent with the applicable General
Plan designation and policies, as well as zoning designation and regulations, the Project
is within the City's boundaries and on a site less than five acres surrounded by urban
uses, the Property has no value as habitat, and approval of the Project will not result in
any significant effects relating to traffic, noise, air quality, or water quality and the
Project is 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 City Council makes the following findings for the
approval of Commercial Design Review No. 2013 -02:
The Project, as approved, will comply with the goals and objectives of the
General Plan, and the Zoning District in which the Project is located.
The Project complies with the goals and objectives of the General Plan because
it will assist in achieving the development of a well balanced and functional mix of
residential, commercial, industrial, open space, recreational, and institutional land
uses. 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 General Plan
including the Downtown Master Plan and all other applicable provisions of the
Lake Elsinore Municipal Code.
The Project is appropriate to the site and surrounding developments in that the
convenience store building 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 and within the center. In addition, safe and efficient
circulation has been achieved onsite.
The Project will complement the quality of existing development and will create a
visually pleasing, non - detractive relationship between the proposed development
and existing projects through the use of architectural design that is similar to
historic downtown Lake Elsinore. Materials and colors are proposed including
architectural accents and colors that blend with surrounding developments and
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 provisions
pursuant to a Class 32 exemption, the Project was reviewed and conditioned by
all applicable City departments to ensure that the project blends 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.
Page 22 of 45
City Council Resolution No. 2013 -042
Page 3 OF 3
4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal
Code, including guarantees and evidence of compliance with conditions, have
been incorporated into the approval of the Project to ensure development of the
property in accordance with the objectives of Chapter 17.184.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project
was considered by the Planning Commission at a duly noticed public hearing on
June 18, 2013.
SECTION 5. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby approves Commercial Design Review
No 2013 -02, subject to the attached Conditions of Approval.
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 9th day of July 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom
City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold
City Attorney
Page 23 of 45
Page 24 of 45
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2013 -02, CONDITIONAL USE
PERMIT NO. 2013 -02 & ZONE CHANGE NO. 2013 -03
PLANNING DIVISION
The proposed project (7 Eleven) consists of the demolition of the existing automotive
service building, the retrofit the existing fueling canopy and gas pumps, construction
of an infiltration basin on the undeveloped portion of the site and the construction of
a new 3,010 square foot 7 Eleven convenience store and gas station located at 515
N. Main Street (APN 377 - 242 -021).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim,
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning the proposed project attached hereto.
3. Commercial Design Review No. 2013 -02 shall lapse and become void two years
following the date on which the design review became effective, unless one of the
following: (1) prior to the expiration of two years, a building permit related to the
design review is issued and construction commenced and diligently pursued toward
completion; or (2) prior to the expiration of two years, the applicant has applied for
and has been granted an extension of the design review approval pursuant to
subsections (B) and (C) of this section. Notwithstanding conditions to the contrary, a
design review granted pursuant to this chapter shall run with the land for this two -
year period, subject to any approved extensions, and shall continue to be valid upon
a change of ownership of the site which was the subject of the design review
application.
4. Conditional Use Permit No. 2013 -02 shall lapse and shall become void one year
following the date on which the use permit became effective unless, prior to the
expiration of one year, a building permit is issued and construction commenced and
diligently pursued toward completion on the site which was the subject of the use
permit application.
5. In the event that the City Council fails to approve Zone Change No. 2013 -03,
amending the Lake Elsinore Downtown Master Plan's related Downtown code in
order to permit gasoline dispensing establishments within the Gateway Commercial
zone in the Gateway District subject to approval of a Conditional Use Permit, the
approval of Commercial Design Review No. 2013 -02 and Conditional Use Permit
Planning Commission Page 1 of 13 City Council
June 18, 2013 July 9, 2013
Page 25 of 45
No. 2013 -02 shall lapse and become void.
GENERAL CONDITIONS
6. Within 30 days of project approval, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records.
7. The applicant shall submit a check in the amount of $50.00 made payable to the
County of Riverside for the filing of a Notice of Exemption. The check shall be
submitted to the Planning Division for processing within 48 hours of the project's
approval.
8. Conditions of approval shall be reproduced on page one of building plans prior to
their acceptance by the Building Division. All Conditions of Approval shall be met
prior to the issuance of a Certificate of Occupancy and release of utilities.
9. The decision of the Planning Commission regarding Conditional Use Permit No.
2013 -02 shall be final fifteen (15) days from the date of the decision, unless an
appeal has been filed with the City Council pursuant to the provisions of Chapter
17.192 of the Lake Elsinore Municipal Code.
10.All site improvements shall be constructed as indicated on the approved building
elevations and site plan, as modified by these conditions of approval.
11.Any minor revisions to approved site plan or building elevations shall be reviewed
and approved by the Community Development Director or designee. Any
substantial revisions to the site plan or building elevations shall be reviewed
according to the provisions of the Municipal Code in a similar manner as a new
application.
12.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 roof mounted central swamp coolers shall also be screened, and the
Community Development Director, prior to issuance of building permit shall approve
screening plan.
13.All exterior on -site lighting shall be shielded and directed on -site so as not to create
glare onto neighboring property and streets or allow illumination above the horizontal
plane of the fixture. All light fixtures shall be consistent with the architectural style of
the building.
Planning Commission Page 2 of 13 City Council
June 18, 2013 July 9, 2013
Page 26 of 45
14. The building address (in numerals at least four inches high) shall be displayed near
the entrance and be easily visible from the front of the building and public right -of-
way.
15. All loading zones shall be clearly marked with yellow striping and shall meet City
Standards for loading zones.
16. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart.
17. Window area cannot be obscured with posters and advertising to the point that
police patrols will not be able to see inside the convenience store.
18.Three (3) sets of the Final Landscaping /Irrigation Detail Plan with shall be submitted
to the Community Development Department with appropriate fees, reviewed and
approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of a building permit.
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b) All planting areas shall be separated from paved areas with a six inch
(6 ") high and six inch (6 ") wide concrete curb.
c) Planting within fifteen feet (15') of ingress /egress points shall be no
higher than thirty -six inches (36 ").
d) Landscape planters shall be planted with an appropriate parking lot
shade tree pursuant to the LEMC and Landscape Design Guidelines.
e) Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
f) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape Guidelines.
g) All landscape improvements shall be bonded 100% for material and
labor for two years from installation sign -off by the City. Release of the
landscaping bond shall be requested by the applicant at the end of the
required two years with approval /acceptance by the Landscape
Consultant and Community Development Director or Designee.
h) All landscaping and irrigation shall be installed within affected portion
of any phase at the time a Certificate of Occupancy is requested for
any building.
i) Final landscape plan must be consistent with approved site plan.
Planning Commission Page 3 of 13 City Council
June 18, 2013 July 9, 2013
Page 27 of 45
j) Final landscape plans to include planting and irrigation details.
19. The Applicant is to meet all applicable City Codes and Ordinances.
20. No individual signs are approved as part of this approval. The applicant or designee
shall submit an application for a sign permit, pay appropriate fees and reGeive obtain
approval from the Community Development Department for any sign installed at the
project site. All signs shall generally conform with the signage shown on the
approved floor plans and elevations and shall incorporate the following changes:
• The�Fer •'`. rT -aMund the 7 Eleven loge on the —free way pylon sign 6ha -H
match the dolor of the briny fanadec of the main b uilrlip
• The "City of Lake Elsinore Historic Downtown" sign located on the existing
freeway pylon sign shall be redesigned in GGGFdinatien with the Gity E)
Lake - Elsinore Community Development Department by the City with final
approval by the Planning Commission. The applicant shall without charge
to the City provide space on the existing freeway pylon sign as depicted
by the placeholder "City of Lake Elsinore Downtown Historic District" sign
and shall provide electrical conduit to and utilities for such "City of Lake
Elsinore Historic Downtown" sib The rights and responsibilities of the
applicant and the City as to the design, fabrication, installation,
maintenance, repair and utility costs shall be set forth in a License
Agreement to be prepared by the City Attorney and approved by the City
Council.
• The border around th 7- Eleven logo on the monument sign located along
Main Street shall be framed in white with the border of such sign to match
the color of the brick fagades of the main building.
(Amended by the Planning Commission on June 18, 2013.)
21.The proposed project shall comply with all applicable requirements of the Lake
Elsinore Municipal Code, Title 17 - Zoning unless modified by approved Conditions
of Approval.
22. There shall be no loitering in or around the business.
23. If operation of this use triggers concerns related to parking, noise, traffic, or other
impacts, at the discretion of the Community Development Director, this conditional
use permit may be referred back to the Planning Commission for subsequent review
at a public hearing. If necessary, the Commission may modify or add conditions of
approval to mitigate such impacts, or may revoke said project.
24. The 7- Eleven convenience store and gas station business shall operate in
compliance with all applicable laws associated with the use.
Planning Commission Page 4 of 13 City Council
June 18, 2013 July 9, 2013
Page 28 of 45
25.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. —
5:00 P.M., Monday through Friday with no construction activity to occur on
Saturdays, Sundays or legal holidays) and a statement that complaints regarding the
operation can be lodged with the City of Lake Elsinore Code Enforcement Division
(951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit.
BUILDING AND SAFETY DIVISION
26.Any and all existing or proposed floor elevation changes within the main floor areas
shall be made accessible in accordance with Americans with Disabilities Act (ADA)
requirements.
27. Any and all tenant improvements shall be in compliance with the 2010 UBC.
CITY OF LAKE ELSINORE FIRE MARSHAL
of the hazaFdE)u6 tanks PFE)pesed. (Deleted by Staff prior to City Council hearing on
July 9, 2013.)
29.ReqUiFed aGGe66 within 150' Fire DepaFrment v ehiGUlaraco Fed within
150 of any peFtion of any building as meaeUFed along any app-roved vehiGular travel
��i�s. Off site should he with the Gity of Lake
e
Elc inure Engineering Department. (Deleted by Staff prior to City Council hearing on
July 9, 2013.)
GENERAL CONDITIONS
28. Lake Elsinore Fire Protection Planning Office Responsibility - It is the
responsibility of the recipient of these Fire Department conditions to forward them to
all interested parties. The permit number (CUP 2013 -02) is required on all
correspondence. Questions should be directed to the Riverside County Fire
Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St.,
Lake Elsinore, CA 92530. Phone: (951) 671 -3124 Ext. 225, Fax: (951) 471 -1419
(Added by Staff prior to City Council hearing on July 9, 2013.)
28a. City Case Statement - With respect to the conditions of approval for the
referenced project, the Fire Department re_ commends the following_ fire protection
measures be provided in accordance with The Lake Elsinore City Municipal Code
and /or recoqnize fire protection standards. (Added by Staff prior to City Council
hearing on July 9, 2013.)
Planning Commission Page 5 of 13 City Council
June 18, 2013 July 9, 2013
Page 29 of 45
28b. Blue Dot Reflectors - Blue retro - reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
Prior to installation, placement of markers must be approved by the Riverside
County Fire Dept. (Added by Staff prior to City Council hearing on July 9, 2013.)
28c. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,500 GPM for
2 hours duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Average spacing
between hydrants 500' and 250' maximum distance from any point on the street or
road frontage to hydrant. (Added by Staff prior to City Council hearing on July 9,
2013.)
28d. Super Fire Hydrants - Super fire hydrants 6" x 4" x 2 -2 1/2" shall be located not
less than 25 feet or more than 250 feet from any portion of the building_ as
measured along approved vehicular travel ways. (Added by Staff prior to City
Council hearing on July 9, 2013.)
PRIOR TO BUILDING PERMIT ISSUANCE
28e. Plan Check Fee - Building plan check fee made payable to The City Lake
Elsinore and shall be submitted to the Fire Department at time plans are submitted
to our office(s). (Added by Staff prior to City Council hearing on July 9, 2013.)
28f. Water System Plans - Applicant and /or developer shall separately submit 2 sets
of water system plans to the Fire Department for review. 'Plans must be signed by
a registered Civil Engineer and /or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department_ after review and
approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit. (Added by Staff prior to
City Council hearing on July 9, 2013.)
PRIOR TO BUILDING FINAL INSPECTION
29. Designated Fire Lanes - The applicant shall prepare and submit to the Fire
Department for approval a site plan designating required fire lanes with
appropriate lane painting and/ or signs. (Added by Staff prior to City Council
hearing on July 9, 2013.)
29a. Display Boards - Display Boards will be as follows: Each complex shall have an
illuminated diagrammatic representation of the actual layout which shows name of
complex all streets, building designators, unit members, and fire hydrant locations
Planning Commission Page 6 of 13 City Council
June 18, 2013 July 9, 2013
Page 30 of 45
within dimension and located next to roadway access. (Added by Staff prior to City
Council hearing on July 9, 2013.)
29b. Fire Extinguishers — Minimum Install portable fire extinguishers complying with
Section 906 of the 2010 California Fire Code with a minimum rating of 2A -10BC
and signage. Fire Extinguishers located in public areas shall be in recessed
cabinets mounted 48" inches to center above floor level with maximum 4"
projection from the wall. Fuel islands shall provide _2A -20BC fire extinguishers.
Contact Fire Dept. for proper placement of equipment prior to installation. (Added
by Staff prior to City Council hearing on July 9, 2013.)
29c. Hood /Duct Suppression System - A UL 300 hood /duct fire extinguishing system
must be installed over the cooking Equipment as required by the California Fire
Code, California Mechanical Code and adopted standards. The extinguishing
system must automatically shut -down gas and /or electricity to all cooking
appliances upon activation. A C -16 licensed contractor must submit plans, along
with the current fee, to the Fire Department for review and approval prior to
installation.` Alarm system supervision is only required if the building has an
existing fire alarm system. (Added by Staff prior to City Council hearing on July 9,
2013.)
29d. Propane Dispensing Permits - Applicant/developer shall be responsible for
obtaininqpermits from the Lake Elsinore Fire Protection Planning_ Department for
the storage, dispensing or use of any compressed gases in accordance with The
California Fire Code. Plans and specification sheets must be submitted to the Fire
Department for review and approval prior to installation. Current plan check fee is
$584.00 for the first tank and $149.00 for each additional tank. (Added by Staff
prior to City Council hearing on July 9, 2013.)
29e. Underground _Fuel Tank Permits - Applicant and /or developer shall be
responsible for obtaining underground fuel tank and dispenser tank permit, from
the Riverside County Fire Department and Environmental Health Department.
Plans must be submitted along with our "Plan Review Form" for approval prior to
installation. Contact the Fire Planning office for current plan check fees. (Added by
Staff prior to City Council hearing on July 9, 2013.)
ENGINEERING DEPARTMENT
30.All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards and hydrology manual.
31. Developer shall mitigate to prevent any flooding and /or erosion downstream caused
Planning Commission Page 7 of 13 City Council
June 18, 2013 July 9, 2013
Page 31 of 45
by development of the site and /or diversion of drainage.
32.All natural drainage traversing the site (historic flow) shall be treated and conveyed
through the site in a manner consistent with the historic flow to one or a combination
of the following: 1) to a public facility; 2) accepted by adjacent property owners by a
letter of drainage acceptance; or 3) conveyed to a drainage easement as approved
by the City Engineer.
33.All required soils, geology, hydrology and hydraulic and seismic reports shall be
prepared by a Registered Civil Engineer.
24 Traffin Study shall be approved by the Gity Traffin F=RgiReer (Deleted at the Planning
Commission hearing on June 18, 2013.)
35.All Public Works requirements shall be complied with as a condition of development
as specified in the Lake Elsinore Municipal Code (LEMC).
36.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 (34 KV or lower) shall be undergrounded.
37. 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 both during
cleaning, demolition, clear and grubbing or all other phases of construction and
during occupancy.
38. Sight distance into and out of this project location shall comply with CALTRANS
Standards.
FEES:
39. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan
Check and Permit fees (LEMC 16.34) and all citywide development impact fees set
forth in Chapter 16 of the LEMC. AppliGabl° mitigatiOR foes inn' de
Planning Commission Page 8 of 13 City Council
June 18, 2013 July 9, 2013
Page 32 of 45
- _ ...
-
.. rNmr.=M. M.-
Area ■ ■
_r.
Planning Commission Page 8 of 13 City Council
June 18, 2013 July 9, 2013
Page 32 of 45
(Revised by Staff at City Council on 6- 9 -13.)
40. Applicant to supply the square footage of existing structure to be demolished.
41. Development impact fees quoted are subject to change. Fees will be assessed at
the prevalent rate at time of payment in full.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
42.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm
Drain" using the City authorized marker to prevent illegal dumping in the drain
system.
43. Design - The project plans shall incorporate a 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 California Green
Building Standards, Section 5.106 and NPDES requirements for commercial projects
within the San Jacinto, and Santa Ana River Watersheds. BMP design shall be in
conformance with the Riverside County Flood Control LID Handbook.
44. Hydro modification / Hydraulic Conditions of Concern — The project shall limit
disturbance of natural water bodies and drainage systems; conserve natural areas;
protect slopes, channels and minimize significant impacts from urban runoff.
45. Erosion & Sediment Control - Prior to the issuance of any grading or building
permit, the applicant shall submit for review and approval by the City Engineer, an
Erosion and Sediment Control Plan as a separate sheet of the grading plan
submittal to demonstrate compliance with the City's NPDES Program and state
water quality regulations for grading and construction activities. A copy of the plan
shall be kept updated as needed to address changing circumstances of the project
site, be kept at the project site, and available for review upon request.
46. SWPPP - Prior to the issuance of any grading or building permits, the applicant
shall demonstrate compliance with California's General permit for Stormwater
Discharges Associated with Construction Activity by providing a copy of the Notice of
Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. Projects subject to filing an NOI shall prepare and implement a
Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall
be kept at the project site and be available for review upon request.
Planning Commission Page 9 of 13 City Council
June 18, 2013 July 9, 2013
Page 33 of 45
47. WQMP — Approval of a Final WQMP is required prior to the issuance of any
grading or building permits. The project Final WQMP shall include:
• Treatment of all runoff prior to entering the storm drain system,
• Planting in the basin to improve infiltration,
• Retention of parking area drainage,
• Installation of a dry well to capture the low flows, and
• Measures to address potential vector issues.
48.The Final Water Quality Management Plan (FWQMP) shall be submitted to
Engineering Div. for review and approval. It shall be in substantial conformance with
the approved preliminary WQMP, using the MS4 Permittee's WQMP Guidance
Document and Template for submittal.
49. Parking Lot / Hardscape - Landscaping shall be designed to provide for treatment,
retention or infiltration of run -on /run -off. Changes or additions to the project
hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
50. Table containing BMP's shall be included on the precise grading plan title sheet.
51. Prior to the issuance of a certificate of use and /or occupancy, the applicant
shall demonstrate compliance with applicable NPDES permits for construction,
industrial /commercial, MS4, etc. to include:
• Demonstrate that all structural Best Management Practices (BMP's) described in
the BMP Exhibit from the project's approved WQMP have been implemented,
constructed and installed in conformance with approved plans and specifications.
• Demonstrate that the project has complied with all non - structural BMPs
described in the project's WQMP.
• Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and operational.
• Submit to the City a copy of the fully executed, recorded City approved
Operations and Maintenance (O &M) Plan for all structural BMPs.
• Demonstrate that a copy of the project's approved WQMP (with recorded O &M
Plan attached) is available onsite.
• Agree to pay for a Special Investigation from the City of Lake Elsinore for a date
twelve (12) months after the issuance of a Certificate of Use and /or Occupancy
for the project to verify compliance with the approved WQMP and O &M Plan. A
signed /sealed certification from the engineer of work dated 12 months after
Certificate of Occupancy will be considered in lieu of a Special Investigation by
the City.
Planning Commission Page 10 of 13 City Council
June 18, 2013 July 9, 2013
Page 34 of 45
IMPROVEMENTS:
52. 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. All improvements shall be in compliance with City
Standards.
53.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.
54.A California Registered Civil Engineer shall prepare the improvement plans required
for this project. Improvements shall be designed and constructed to City of Lake
Elsinore Standards latest edition, and City Codes (LEMC 12.04 and 16.34)
PRIOR TO GRADING PERMIT
55.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) or alteration of drainage on the site. The plan shall include, as applicable,
separate sheets for erosion control, haul route and traffic control. The grading
submittal shall include all' supporting documentation and be prepared using City
standard title block, standard drawings and design manual (available at www.lake-
elsinore.org).
56.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
57. 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 in compliance with federal, state
and local law and be approved by the City Engineer.
58. The applicant shall apply for, obtain and submit to the City Engineering Division a
letter from Southern California Edison (SCE) indicating that the construction activity
will not interfere with existing SCE facilities (aka SCE NIL).
59.All grading shall be done under the supervision of a geotechnical engineer.
60. 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.
Planning Commission Page 11 of 13 City Council
June 18, 2013 July 9, 2013
Page 35 of 45
61.Applicant shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
62.A preconstruction meeting with the City Public Works Inspector (Engineering
Division) is required prior to commencement of ANY grading activity.
63. Prior to issuance of a Grading Permit, applicant shall provide the City for review and
approval a plan of all proposed haul routes to be used for movement of import or
export material. Export sites located within the Lake Elsinore City limits must have
an active grading permit. Public Noticing and City Council approval is required for
haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the
applicant.
PRIOR TO BUILDING PERMIT
64.A grading permit shall be issued for the project.
65. Provide soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
PRIOR TO OCCUPANCY /FINAL APPROVAL:
66. Final soil report showing compliance with recommendations, compaction reports,
grade certifications, monument certifications (with tie notes delineated on 8 Y2 x 11"
mylar) shall be submitted to the Engineering Division before final inspection will be
scheduled.
67.All street improvements shall be completed in accordance with approved plans or as
a condition of development to the satisfaction of the City Engineer.
68.
annlu Jinn but not 1ed W TI MFG MSH(;P, TIP, Stephens' angaFee Rat Habitat
Applicant shall pay at the then effective rate all outstanding -applicable _ processing
and all citywide development impact fees in effect at the time of final approval or
when paid in full including but not limited to: TUMF, MSHCP, TI F, DIF, Fire Facilities,
Library, Stephens" Kangaroo Rat Habitat Conservation Plan (SKR HCP) and area
drainage fee prior to occupancy /final approval. (Revised by City Council on July 9,
2013)
69.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
Planning Commission Page 12 of 13 City Council
June 18, 2013 July 9, 2013
Page 36 of 45
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.
70.All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies
and reports include Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP,
WQMP, etc.
71. 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.
Planning Commission Page 13 of 13 City Council
June 18, 2013 July 9, 2013
Page 37 of 45
CITY OF
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CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
ACTING PLANNING MANAGER
DATE: JUNE 18, 2013
SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2013-02, CONDITIONAL USE
PERMIT NO. 2013-02, ZONE CHANGE NO. 2013-03, FINDING OF
PUBLIC CONVENIENCE AND NECESSITY — A REQUEST FOR
THE CONSTRUCTION OF A NEW 7- ELEVEN CONVENIENCE
STORE WITH THE SALE OF BEER AND WINE AND GASOLINE
AND ASSOCIATED LANDSCAPE AND SIGNAGE IMPROVEMENTS
AT 515 N. MAIN STREET; AND A RELATED AMENDMENT TO THE
CITY OF LAKE ELSINORE DOWNTOWNCODE.
APPLICANT: MR. TOM BERGERSON /DMB ARCHITECTS, 8911 RESEARCH
DRIVE, 1sT. FLOOR, IRVINE, CA 92618
OWNER: MR. MARWAN ALABBASIIALABBASI CONSTRUCTION AND
ENGINEERING, 16810 VAN BUREN BLVD; SUITE 200,
RIVERSIDE, CA 92503
Proiect Request
The applicant is requesting approval of Commercial Design Review No. 2013 -02,
Conditional Use Permit No. 2013 -02 and Zone Change No. 2013 -03 with a finding of Public
Convenience and Necessity to allow the development of a new 7 Eleven convenience store
and gas station with the sale of beer and wine and associated landscape and signage
improvements.
Proiect Location
The 1.13 -acre project site (APN 377 - 242 -021), which is the location of a former Union 76
service station, is at 515 North Main Street directly adjacent to the southbound 115
Freeway off ramp.
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PLANNING COMMISSION STAFF REPORT
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Environmental Setting-
The subject property is surrounded by the 1 -15 Freeway to the north and a mix of single -
family residences and commercial uses to the west and south. The property is across the
street from a vacant lot to the east.
'EXISTING LAND: ZC1N,l1V(3NEIAL I SAN
USE''`
Project Site Closed Gas Station Gateway Commercial Gateway Commercial
North
115 Freeway
115 Freeway
115 Freeway
South
Residential &
Commercial
General Commercial
Gateway Commercial
East
Vacant
Gateway Commercial
Gateway Commercial
West
Residential &
Commercial
General Commercial
Gateway Commercial
Proposed Use & Operational Parameters
The applicant is proposing to demolish the existing automotive service building on the
project site, retrofit the existing fueling canopy and gas pumps and construct a new 3,010
square foot 7 Eleven convenience store. The architectural theme of the 7 Eleven is
intended to be compatible with the historic downtown district and is similar to City Hall.
The project also consists of the upgrade of the existing landscape and the incorporation of
a plant palette consistent with City of Lake Elsinore Landscape Guidelines, new paving, 15
parking spaces with appropriate striping, new wrought iron fencing and a new infiltration
basin which will be located on the north side of the subject property. In addition, building
signage will be new and the existing freeway sign and existing monument sign along Main
Street will be enhanced to be compatible with the proposed building's architectural
features.
The proposed 7 Eleven development will provide about ten (10) full time and part time jobs
to the community. The hours of operation will be 24 hours a day, which will offer convenient
shopping to the immediate community as well as a gas services immediately adjacent to
the freeway off -ramp. Since the location, size, design, on site traffic patterns, and
operational characteristics will remain the same as the former Union 76 gas station there
will not be an increase to the existing noise, traffic or other environmental conditions.
Since the new 7 Eleven convenience store will operate 24 hours a day, it will incorporate
updated security measures by requiring employees to be trained as part of 7 Eleven's
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PLANNING COMMISSION STAFF REPORT
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JUNE 18, 2013
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national training program. Security cameras will also be installed. 7 Eleven has indicated
that it will offer a large diversity of food and other miscellaneous items such as magazines,
fresh brewed coffee, milk, cheeses, chips, prepared foods and baked goods, along with
soft drinks and other non - alcoholic beverages. Although 7 Eleven considers the sale of
beer and wine to be an important concept of their business, it is expected to comprise only
about 4% of the total sales floor area and about 10% of the total sales.
The development of the new 7- Eleven new building and site improvements will vastly
improve the visual aesthetics of the Gateway into Downtown Lake Elsinore.
Analysis
Commercial Design Review No. 2013 -02
The applicant is requesting the approval of a Commercial Design Review to allow for the
design and development of a new 3,010 square foot 7 Eleven convenience store and gas
station on an existing 1.13 acre site. A new infiltration basin will be constructed on the
undeveloped portion of the site. The new 7 Eleven convenience store will have a total of
6% lot coverage, landscaping will be approximately 19.5% of the project site, and the
hardscape coverage will be approximately 40 %. It should also be noted that only the
proposed development area where the new 7 Eleven convenience store, new parking lot,
landscaping and related improvements will occur, will be enclosed by a new six (6' -0 ") foot
high wrought iron fence.
Traffic
7 eleven expects one or two (2) deliveries of products by a medium size truck to the 7
Eleven convenience store each day. These deliveries would occur during morning hours.
There will not be any additional access points added to the project site and the interior
traffic pattern will remain the same. Therefore, there will not be an increase in the existing
noise, traffic or other environmental conditions.
Pedestrian Accessibility
Internal and perimeter pedestrian walkways have been
"Path of Travel" has been designed for the project and
pedestrian walkway is located in the south end of the
landscape planter.
Landscaping
provided throughout the site. A
is shown on the Site Plan. The
site which will enhanced by a
The applicant is proposing to develop only 28,961 square feet of the 1.13 acre site;
therefore the 5,647 square feet of landscape that will be provided will be approximately
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19.5 %, which will exceed that of the minimum of 15% as required by the Lake Elsinore
Municipal Code LEMC, applicable to commercial developments.
Architecture
The architectural style of the proposed 7 Eleven convenience store is intended to blend
with that of the Lake Elsinore Historic Downtown by providing a red brick facade, green
canopies, and goose neck reflected lighting.. The building will feature a variation of
multilevel rooflines and parapets that will function as architectural features as well as to
screen the mechanical equipment and air conditioning condensers.
The building will also have decorative brick cornices that will serve as tower elements and
architectural accents to the building. The enhancements, which have been incorporated
within the architectural design, include alternate direction, position, as well as recess and
pop -out bricks throughout the building elevations therefore creating a noticeable and visible
design of the building. The architectural design will also incorporate a green color fabric
canopy at the east elevation which faces Main Street; this elevation will also have a
promotional box area of approximately 5'x5' at the left side and a second one on the
opposite end, which will be recess into the wall which will work simply as an architectural
accent.
The proposed design represents that of the 1920's Storefront style which was typically
rectangular in shape with a symmetrical design, decorative columns and or cornices,
parapets that extend over the roof lines, and the location of the sign located high on the
face of the parapet wall with an awning or canopy accent.
Color and Materials
The applicant is proposing the development of the 7- Eleven to have a brick facade which is
a recommended material that would reflect that of the design characteristics and styles
which were prevalent in the City from 1880 to 1930. The following is a chart with the colors
and materials proposed for the proposed project:
ARCHITECTURAL`ELEIVIENT
COLOR
;`:= . MATERIAL;;:
FRONT ELEVATION WALLS
CRIMSON RED
NICHIHA BRICK PANELS
CORNICE /COLUMNS
CRIMSON RED
NICHIHA BRICK PANELS
STOREFRONT
DARK BRONZE
GLASS AND METAL
CANOPY
FOREST GREEN
CANVAS FABRIC
SIDE & REAR ELEVATION WALLS mm
ANTIQUE WHITE
STUCCO
Signage
The applicant is proposing to update the freeway pylon sign by replacing the old round sign
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PLANNING COMMISSION STAFF REPORT
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JUNE 18, 2013
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with a round sign featuring the 7 Eleven logo. The applicant will also add a separate "City
of Lake Elsinore Historic Downtown" sign, an electronic gasoline price sign, a wall sign and
a window sign, all which should substantially comply with the submitted plans and applied
conditions of approval. In order to assure that the freeway pylon sign and the monument
sign along Main Street reflect the building, Staff has added a condition of approval
(Condition No. 20) that requires the border around the 7 Eleven logo to match the brick
fagade of the building.
Zone Chanae No. 2013 -03
On December 13, 2011, the City Council adopted the Downtown Master Plan and the
related Downtowncode. The Downtowncode established the zoning standards that are
intended to implement the Downtown Master Plan. Section 1.4 of the Downtowncode
includes a detailed land use matrix that specifies permitted uses, conditionally permitted
uses and prohibited uses for each of the Master Plan districts and the land uses within
each district. Although there are several existing gasoline stations located within the
downtown area, the matrix does not currently list gasoline stations as an allowable land
use. This means the existing facilities are nonconforming land uses with limited ability to
provide new upgraded improvements.
For this reason, the applicant submitted an application for a zone change which requests
that the Downtowncode be amended to add gasoline stations as a conditionally permitted
use for the subject property. Staff concurs with the request, but is also recommending that
the Land Use Matrix in the Downtowncode be amended to recognize the existing gas
stations located at the corners of Main Street and Sumner Avenue and at Graham Avenue
and Spring Streets. In order to make gasoline stations a conditionally permitted use in
some areas subject to the Downtown Master Plan, with some limitations, Staffs
recommended changes to the Land Use Matrix are:
1. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
Gateway Commercial zone in the Gateway District.
2. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
Residential Mixed Use zone in the Garden District
3. Add Gasoline Dispensing Establishment (subject to Municipal Code Section
17.112.090)" as a use permitted with a Conditional Use Permit within the
General Commercial zone of the Historic District.
4. Apply a footnote to the above three changes in the Land Use Matrix that reads:
"in order to prevent a concentration of Gasoline Dispensary Establishments,
such establishments are conditionally permitted when located no closer than
1,000 feet from any existing Gasoline Dispensing Establishment within the
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Downtown Master Plan boundaries"
Conditional Use Permit No. 2013 -02
Paragraph Q of Lake Elsinore Municipal Code Section 17.112.090 requires approval of a
Conditional Use Permit for the concurrent sale of motor vehicle fuel with alcoholic
beverages. Additionally, the proposed changes to the Downtowncode described above
would require the approval of a Conditional Use Permit for "gasoline dispensing
establishments ". The subject conditional use permit application has been filed pursuant to
03these requirements.
Findina of Public Convenience and Necessity
The State of California Business and Professions Code mandates that off - premise
(consumption) alcohol sales establishments that are located within a census tract that is
over concentrated with similar alcohol- related uses obtain a Public Convenience and
Necessity (PCN) finding from the local jurisdiction. 7 Eleven is proposing to locate in a
census tract which contains eight off - premise alcohol establishment licenses. State
Department of Alcoholic Beverage Control guidelines only allows for two off - premise
alcohol establishments within this census tract. Staff feels that the addition of this license
within this census tract is not a concern due to the fact that 7 Eleven will only devote
approximately 4% of its floor area to alcohol sales. In addition, the Lake Elsinore Police
Department has been notified of this application and does not object to the issuance of this
license.
Upon concurrence of the Planning Commission and signature of the Chairperson, the PCN
letter (attached) will be forwarded to ABC for processing.
Environmental Determination
Staff has determined that the proposed project is exempt from the California Environmental
Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA
Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332
(Class 32 — In -Fill Development Projects) because the Project is consistent with the
applicable General Plan designation and policies, as well as zoning designation and
regulations, the Project is within the City's boundaries and on a site less than five acres
surrounded by urban uses, the Property has no value as habitat, and approval of the
Project will not result in any significant effects relating to traffic, noise, air quality, or water
quality and the Project is adequately served by all required utilities and public services.
Recommendation
Staff recommends that the Planning Commission:
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1. Adopt Resolution No. 2013- recommending approval of Zone Change No.
2013 -03.
2. Adopt Resolution No. 2013- recommending approval of Commercial Design
Review No. 2013 -02.
3. Adopt Resolution No. 2013- approving Conditional Use Permit No. 2013 -03 and
making a Finding of Public Convenience and Necessity.
4. Approve and sign letter of Public Convenience and Necessity
Prepared By: Agustin Resendiz,
Associate Planner
Approved By: Richard J. MacHott, LEED Green Associate
Acting Planning Manager
Attachments:
1. Vicinity Map
2. Planning Commission Resolutions
3. Conditions of Approval
4. PCN letter addressed to ABC
5. 7 Eleven application for PC &N Findings with Operational Statement and Floor
Plan
6. 11" x 17" Exhibits
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