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HomeMy WebLinkAboutItem No. 05 Ext of Time Walmart Supercenter ProjectText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-888 Agenda Date: 11/27/2018 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 11/20/2018 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Richard J. MacHott, Planning Manager Date:November 27, 2018 Subject: Extensions of Time for Walmart Supercenter Project Applicant:Jonathan E. Shardlow, Gresham Savage Nolan & Tilden, 550 East Hospitality Lane, Suite 300, San Bernardino, CA 92408 Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENTION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-06; and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENTION OF TIME FOR COMMERCIAL DESIGN REVIEW NO. 2013-08; and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENTION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-08; and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENTION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-09. Background On December 1, 2015, the City Council approved the Walmart Supercenter Project. The project site is generally located at the southwest corner of Central Avenue (State Route 74) and Cambern Avenue, and is bound by Cambern Avenue to the northeast, Third Street to the southeast, and Central Avenue to the southwest. The approval was for the following applications: 1. Commercial Design Review No. 2013-08 and Conditional Use Permit No. 2013-06 for the Walmart Supercenter consisting of a proposed 154,487 square-foot Walmart Supercenter, including a 3,090 square-foot seasonal outdoor garden center, with a drive-through pharmacy, arcade and outdoor/seasonal display of merchandise; Page 2 of 2 2. Conditional Use Permit No. 2013-08 for a 3,700 square foot fast food restaurant with a drive-through located on Outlot 2 of the Walmart Supercenter project site, and located on Central Avenue between Outlot 1 and Outlot 3; and 3. Conditional Use Permit No. 2013-09 for a 3,100 square foot fast food restaurant with a drive-through located on Outlot 3 of the Walmart Supercenter project site, and located on Central Avenue at the southwest corner of the project site. The Lake Elsinore Municipal Code (LEMC) provides an initial two-year period beginning with the effective date of commercial design reviews and conditional use permits within which to obtain a building permit and commence construction that is diligently pursued toward completion. The LEMC also allows these approvals to be extended for no more than two years with the initial one- year extension of time approved by the Community Development Director. The effective date of the Walmart Supercenter project was February 2, 2016. On November 22, 2016, the Community Development Director granted one-year extensions of time to the above-described approvals, extending the expiration date to February 2, 2019. Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal-Mart Stores, Inc. submitted a request for second one-year extensions on November 5, 2018. Discussion At current, the development is proceeding through the permitting phase. This includes an extensive review of various grading, precise grading, infrastructure and building plans. Comments regarding the grading plans were provided to the civil engineer for Walmart on/about November 5, 2018. The comments on this round of plan check are moderate in nature and engineers for Walmart are working on plans for resubmittal. In regards to building plans, the Building & Safety Department indicates that Walmart is completing minor corrections to the most recent submittal to comply with certain laws that are unique to California. City staff expects resubmittals back for both Engineering and Building and Safety in early to mid- December 2018. The subject extension request allows Walmart to complete the permitting process, identify a General Contractor (and sub-contractors) and mobilize to begin the construction process. Walmart has indicated that they have targeted construction to begin in late 2nd quarter or early 3rd quarter 2019. Fiscal Impact The time and costs related to processing this extension of time request will be covered by the payment of application fees by Walmart or its representatives. No General Fund budgets have been allocated or used in the processing of this application. Exhibits: A.CUP 2013-06 EOT Resolution B.CDR 2013-08 EOT Resolution C.CUP 2013-08 EOT Resolution D.CUP 2013-09 EOT Resolution E.First Extension of Time Approval 11-22-16 E.Jonathan Shardlow letter dated 11-5-18 RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-06 Whereas,on December 1, 2015, the City Council of the City of Lake Elsinore adopted Conditional Use Permit (CUP) No. 2013-06 (“Project”) for an outdoor garden center, arcade and outdoor /seasonal display of merchandise associated with the proposed Walmart Supercenter located at the southwest corner of Central Avenue and Cambern Avenue; and, Whereas,Section 17.168.080(A) of the Lake Elsinore Municipal Code (LEMC) states that a “conditional use permit approval shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit 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 conditional use permit”; and Whereas,pursuant to the Project’s Condition of Approval No. 6, CUP No. 2013-06 became effective on February 2, 2016; and Whereas, LEMC Section 17.168.080(B) states that the expiration date of an approved conditional use permit may be extended for no more than two years and that the first one-year extension may be approved by the Community Development Director; and Whereas,on November 22, 2016, the Community Development Director granted a one-year extension of time for CUP No. 2013-06, extending the expiration date to February 2, 2019; and Whereas, Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal-Mart Stores, Inc. submitted a request for a second one-year extension of time for CUP No. 2013-06 on November 5, 2018; and Whereas,on November 27, 2018 at a duly noticed public meeting, the City Council (Council) has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:The City Council has reviewed and analyzed the proposed extension of time for CUP No. 2013-06 prior to making its decision to extend the life of the conditional use permit for one year to February 2, 2020. Section 2:In accordance with LEMC Section 17.168.080, the Council makes the following findings regarding an extension of time for CUP No. 2013-06: 1. The CUP complies with current laws, standards and policies. a. The Walmart Supercenter store conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well-balanced and functional mix of Reso No. 2018-___ Page 2 of 3 residential, commercial, industrial, open space, recreational and institutional land uses. The General Plan designates the Project site for General Commercial and Commercial Mixed Use land uses and the proposed project is consistent with the General Plan. The proposed use is permitted in the C-2 (General Commercial) and CMU Commercial Mixed Use) districts and the proposed development complies with all applicable development standards. b. The proposed use was analyzed and it was determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code. c. Conditions applied to the proposed use eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby residential development and the City of Lake Elsinore. Section 3:Based upon all of the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a one-year extension of time for Conditional Use Permit No. 2013-06 to February 2, 2020. Section 4:This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 27th day of November, 2018. _____________________________ Natasha Johnson Mayor ATTEST: ____________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-___ was adopted by City Council of the City of Lake Elsinore, California, at the Regular meeting of 27th day of November, 2018, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Reso No. 2018-___ Page 3 of 3 _____________________________ Susan M. Domen, MMC City Clerk RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR COMMERCIAL DESIGN REVIEW NO. 2013-08 Whereas,on December 1, 2015, the City Council of the City of Lake Elsinore adopted Commercial Design Review (CDR) No. 2013-08 (“Project”) for an approximately 154,487 square- foot Walmart Supercenter, including a 3,090 square-foot seasonal outdoor garden center and related sign program, located at the southwest corner of Central Avenue and Cambern Avenue; and, Whereas,Section 17.184.120(A) of the Lake Elsinore Municipal Code (LEMC) states that a “design review approval 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”; and Whereas,pursuant to the Project’s Condition of Approval No. 5, CDR No. 2013-08 became effective on February 2, 2016; and Whereas, LEMC Section 17.184.120(B) states that the expiration date of an approved design review may be extended for no more than two years and that the first one-year extension may be approved by the Community Development Director; and Whereas,on November 22, 2016, the Community Development Director granted a one-year extension of time for CDR No. 2013-08, extending the expiration date to February 2, 2019; and Whereas, Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal-Mart Stores, Inc. submitted a request for a second one-year extension of time for CDR No. 2013-08 on November 5, 2018; and Whereas,on November 27, 2018 at a duly noticed public meeting, the City Council (Council) has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:The City Council has reviewed and analyzed the proposed extension of time for CDR No. 2013-08 prior to making its decision to extend the life of the conditional use permit for one year to February 2, 2020. Section 2:In accordance with LEMC Section 17.168.080, the Council makes the following findings regarding an extension of time for CDR No. 2013-08: 1. The CDR complies with current laws, standards and policies. a. The Walmart Supercenter store conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well-balanced and functional mix of Reso No. 2018-___ Page 2 of 3 residential, commercial, industrial, open space, recreational and institutional land uses. The General Plan designates the Project site for General Commercial and Commercial Mixed Use land uses and the proposed project is consistent with the General Plan. The proposed use is permitted in the C-2 (General Commercial) and CMU Commercial Mixed Use) districts and the proposed development complies with all applicable development standards. b. The proposed use was analyzed and it was determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code. c. Conditions applied to the proposed use eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby residential development and the City of Lake Elsinore. Section 3:Based upon all of the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a one-year extension of time for Commercial Design Review No. 2013-08 to February 2, 2020. Section 4:This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 27th day of November, 2018. _____________________________ Natasha Johnson Mayor ATTEST: ____________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-___ was adopted by City Council of the City of Lake Elsinore, California, at the Regular meeting of 27th day of November, 2018, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Reso No. 2018-___ Page 3 of 3 _____________________________ Susan M. Domen, MMC City Clerk RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-08 Whereas,on December 1, 2015, the City Council of the City of Lake Elsinore adopted Conditional Use Permit (CUP) No. 2013-08 (“Project”) for a 3,700 square foot fast food restaurant with a drive- through located on Outlot 2 of the Walmart Supercenter project site, and located on Central Avenue between Outlot 1 and Outlot 3; and, Whereas,Section 17.168.080(A) of the Lake Elsinore Municipal Code (LEMC) states that a “conditional use permit approval shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit 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 conditional use permit”; and Whereas,pursuant to the Project’s Condition of Approval No. 8, CUP No. 2013-08 became effective on February 2, 2016; and Whereas, LEMC Section 17.168.080(B) states that the expiration date of an approved conditional use permit may be extended for no more than two years and that the first one-year extension may be approved by the Community Development Director; and Whereas,on November 22, 2016, the Community Development Director granted a one-year extension of time for CUP No. 2013-08, extending the expiration date to February 2, 2019; and Whereas, Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal-Mart Stores, Inc. submitted a request for a second one-year extension of time for CUP No. 2013-08 on November 5, 2018; and Whereas,on November 27, 2018 at a duly noticed public meeting, the City Council (Council) has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:The City Council has reviewed and analyzed the proposed extension of time for CUP No. 2013-08 prior to making its decision to extend the life of the conditional use permit for one year to February 2, 2020. Section 2:In accordance with LEMC Section 17.168.080, the Council makes the following findings regarding an extension of time for CUP No. 2013-08: 1. The CUP complies with current laws, standards and policies. a. The 3,700 square foot fast food restaurant with a drive-through conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well-balanced Reso No. 2018-___ Page 2 of 3 and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The General Plan designates the Project site for General Commercial land uses and the proposed project is consistent with the General Plan. The proposed use is permitted in the C-2 (General Commercial) district and the proposed development complies with all applicable development standards. b. The proposed use was analyzed and it was determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code. c. Conditions applied to the proposed use eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby residential development and the City of Lake Elsinore. Section 3:Based upon all of the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a one-year extension of time for Conditional Use Permit No. 2013-08 to February 2, 2020. Section 4:This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 27th day of November, 2018. _____________________________ Natasha Johnson Mayor ATTEST: ____________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-___ was adopted by City Council of the City of Lake Elsinore, California, at the Regular meeting of 27th day of November, 2018, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Reso No. 2018-___ Page 3 of 3 _____________________________ Susan M. Domen, MMC City Clerk RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2013-09 Whereas,on December 1, 2015, the City Council of the City of Lake Elsinore adopted Conditional Use Permit (CUP) No. 2013-09 (“Project”) for a 3,100 square foot fast food restaurant with a drive- through located on Outlot 3 of the Walmart Supercenter project site, and located on Central Avenue at the southwest corner of the project site; and, Whereas,Section 17.168.080(A) of the Lake Elsinore Municipal Code (LEMC) states that a “conditional use permit approval shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit 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 conditional use permit”; and Whereas,pursuant to the Project’s Condition of Approval No. 9, CUP No. 2013-09 became effective on February 2, 2016; and Whereas, LEMC Section 17.168.080(B) states that the expiration date of an approved conditional use permit may be extended for no more than two years and that the first one-year extension may be approved by the Community Development Director; and Whereas,on November 22, 2016, the Community Development Director granted a one-year extension of time for CUP No. 2013-09, extending the expiration date to February 2, 2019; and Whereas, Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal-Mart Stores, Inc. submitted a request for a second one-year extension of time for CUP No. 2013-09 on November 5, 2018; and Whereas,on November 27, 2018 at a duly noticed public meeting, the City Council (Council) has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:The City Council has reviewed and analyzed the proposed extension of time for CUP No. 2013-09 prior to making its decision to extend the life of the conditional use permit for one year to February 2, 2020. Section 2:In accordance with LEMC Section 17.168.080, the Council makes the following findings regarding an extension of time for CUP No. 2013-09: 1. The CUP complies with current laws, standards and policies. a. The proposed 3,100 square foot fast food restaurant with a drive -through conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a Reso No. 2018-___ Page 2 of 3 well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The General Plan designates the Project site for General Commercial land uses and the proposed project is consistent with the General Plan. The proposed use is permitted in the C-2 (General Commercial) districts and the proposed development complies with all applicable development standards. b. The proposed use was analyzed and it was determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code. c. Conditions applied to the proposed use eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby residential development and the City of Lake Elsinore. Section 3:Based upon all of the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a one-year extension of time for Conditional Use Permit No. 2013-09 to February 2, 2020. Section 4:This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 27th day of November, 2018. _____________________________ Natasha Johnson Mayor ATTEST: ____________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-___ was adopted by City Council of the City of Lake Elsinore, California, at the Regular meeting of 27th day of November, 2018, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Reso No. 2018-___ Page 3 of 3 _____________________________ Susan M. Domen, MMC City Clerk CITY OF LADE -)LS1NO i DREAM EXTREME November 22, 2016 Jonathan E. Shardlow Gresham Savage Attorneys at Law 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408 RE Granting a 12 -Month Time Extension for Walmart Supercenter, Lake Elsinore APN's 377-030-015 and 076 and 377-090-009-029 through 032 Dear Mr. Shardlow: The City has received your letter dated November 21, 2016 requesting a 12 -month time extension for the Walmart Supercenter entitlements including Commercial Design Review 2013-08, Conditional Use Permit 2013-06, Conditional Use Permit 2013-07, Conditional Use Permit 2013- 08 and Conditional Use Permit 2013-09. The project is located on a 17.66 acre parcel at the above -identified APN's and was approved for a 154,487 square foot Walmart Supercenter including a 3,090 square foot outdoor garden center and one parcel being developed with approximately 9,200 square feet of retail/restaurant mix -used space. The project was approved by the City Council on December 1, 2015 with entitlements valid for two years. Subsequent litigation stayed the expiration date which is now February 2, 2018, The Lake Elsinore Municipal Code Section 17.184.120(B) states "the expiration date of an approved design review may be extended for no more than two years. The first extension may be granted for one year subject to the approval of the Community Development Director...". The Walmart Supercenter entitlements are hereby granted a 12 -Month Time Extension until February 2, 2019. If you have any questions or concerns please call me at 951-674-3124, Ext. 270 or email at Thank you for your consideration. Respe tfttlly, J' ran Tayiar, Community Development Director cc! Richard MacHott, Planning Manager File 95 1.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELSINORE.ORG GRESHAM SAVAGE November 21, 2016 lonatltan.Slxard]ow(�GreslxainSava,ge.com - San Bernardino Office (909) 890-4499 - fax (909) 890-9877 VIA email {gtaylorCLake-EIsinoreor and US Mail --gam,-......._ Grant Taylor Community Development Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re: Request for Extension Time for Entitlements - Walmart Supercenter APN : 377-030-015 & -076 and 377-090-009 & -029 through -032 Dear Grant: Our office, on behalf of Wal-Mart Stores, Inc., requests a 12 month extension for the following entitlements in connection with the Lake Elsinore Walmart Project. These entitlements are currently set to expire on February 2, 2018: 1. Design Review No. 2013-08 for the Development of a new Walmart Supercenter located at the southwesterly corner of Dexter Avenue and 3rd Street. 2. Conditional Use Permit No. 2013-06 related to an Outdoor Garden Center, Arcade and Outdoor/Seasonal Display of Merchandise for a Walmart Supercenter located at the Southwest corner of Central Avenue and Cambern Avenue. 3. Conditional Use Permit No. 2013-08 related to a Fast Food Restaurant with a Drive Through on Outlot 2 of the Walmart Supercenter located at the Southwest corner of Central Avenue and Cambern Avenue. 4. Conditional Use Permit No. 2013-09 related to a Fast Food Restaurant with a Drive Through on Outlot 3 of the Walmart Supercenter located at the Southwest corner of Central Aven uc.-aiad-Lanb.era-Lur , 1n RECEIVED NOV 2 2 ?f016 CITY OF LAKE �_[-SINORE PLANNING DIVISION �'; HFk �. ?itPW,0 550 !vast Hospitality Lane., Suits 300 . San Bernardino, California 92408 /r /1�' IM 550 West C Stivel, Saite 1810 • San Diego, California Q2101 Greshaills avage. Coln W1690-LakeElsinore _CA_(Third) --2953150,1 Grant Taylor Community Development Director - Lake Elsinore November 21, 2016 Page 2 Please let me know if you would like a call to further discuss this request. Very truly yours, Jonathan E. Shardlow, of GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation JES:mr W1690-LakeElsinore _CA_(Third) -- 2953150.1 GRESHAM SAVAGE ATTORk— c, AT LAW November 5, 2018 Jonathan.Shardlow@GreshainSavage.com • San Bernardino Office (909) 890-4499 • fax (909) 890-9877 VIA email (gtaylor@Lake-Elsinore.org) and US Mail Grant Taylor Community Development Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re: Request for Extension Time for Entitlements - Walmart Supercenter APN : 377-030-015 & -076 and 377-090-009 & -029 through -032 Dear Grant: Our office, on behalf of Wal-Mart Stores, Inc., requests a 12 month extension for the following entitlements in connection with the Lake Elsinore Walmart Project. These entitlements are currently set to expire on February 2, 2019: 1. Design Review No. 2013-08 for the Development of a new Walmart Supercenter located at the southwesterly corner of Dexter Avenue and 3rd Street. 2. Conditional Use Permit No. 2013-06 related to an Outdoor Garden Center, Arcade and Outdoor/Seasonal Display of Merchandise for a Walmart Supercenter located at the Southwest corner of Central Avenue and Cambern Avenue. 3. Conditional Use Permit No. 2013-08 related to a Fast Food Restaurant with a Drive Through on Outlot 2 of the Walmart Supercenter located at the Southwest corner of Central Avenue and Cambern Avenue. 4. Conditional Use Permit No. 2013-09 related to a Fast Food Restaurant with a Drive Through on Outlot 3 of the Walmart Supercenter located at the Southwest corner of Central Avenue and Cambern Avenue. Pursuant to Lake Elsinore Municipal Code Section 17.168.080(B), this request must be granted by the Planning Commission. Under the Lake Elsinore Municipal Code, prior to entitlement expiration, a building permit related to the conditional use permit must 1-A % B I R A \ R DI \() 550 East Hospitality Lane, Suite 300 • San Bernardino, California 92408 RI\ I R-II)1 3649 Mission Inn Avenue, First Floor Rotunda • Riverside, California 92501 ', Vv DII (-O 550 West C Street, Suite 1810 • San Diego, California 92101 GreshamSavage.coln W1690 -Lake Elsinore_CA_(Third) -- 3536442.1 Grant Taylor Community Development Director — Lake Elsinore November 5, 2018 Page 2 be issued and `construction commenced and diligently pursued toward completion." (Section 17.168.080(A). Neither Walmart nor the Outparcel Developer is on a schedule which would allow both of these vesting triggers to occur. Please let me know if you would like a call to further discuss this request. Very truly yours, P-1-- Jonathan o"'—_ Jonathan E. Shardlow, of GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation JES:myr W1690-LakeElsinore—CA(Third) -- 3536442.1