HomeMy WebLinkAboutItem No. 06 Design Review PA No. 2017-28 Silverleaf MotorsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-187
Agenda Date: 6/11/2019 Status: Council Consent
Calendar
Version: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 6)
Design Review for Planning Application No. 2017-28 (Silverleaf Motors) - An Automobile
Dealership Facility with a 3,266 Sq. Ft. Two-Story Building and a Variance Request to Encroach
into the Front and Rear Yard Setbacks due to Site Constraints
1. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
FINDING THAT PLANNING APPLICATION NO. 2017-28 (CONDITIONAL USE PERMIT NO. 2017-05,
COMMERICAL DESIGN REVIEW NO. 2017-05, AND VARIANCE NO. 2017-03) IS CONSISTENT WITH
THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP); and,
2. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 2017-05 TO ESTABLISH A 3,266 SQUARE FOOT
AUTOMOBILE DEALERSHIP FACILITY LOCATED AT APNS: 363-112-025, 026, AND 031; and,
3. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING COMMERCIAL DESIGN REVIEW NO. 2017-05 PROVIDING BUILDING DESIGN AND
RELATED IMPROVEMENTS FOR A 3,266 SQUARE FOOT AUTOMOBILE DEALERSHIP FACILITY
LOCATED AT APNS: 363-112-025, 026, AND 031; and,
4. adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING VARIANCE NO. 2017-03 FOR THE 3,266 SQUARE FOOT BUILDING TO ENCROACH
INTO THE REQUIRED FRONT AND REAR YARD SETBACKS DUE TO SITE CONSTRAINTS.
Page 1 City of Lake Elsinore Printed on 6/1/2023
Page 1 of 7
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Damaris Abraham, Senior Planner
Date:June 11, 2019
Subject:Design Review for Planning Application No. 2017-28(Silverleaf Motors)–
An automobile dealership facility with a 3,266 sq. ft. two-story building anda
variance request to encroach intothe front and rear yard setbacks due to site
constraints.
Applicant:Danny Brose, Auto Center & Mill,LLC
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017-28(CONDITIONAL USE
PERMIT NO. 2017-05, COMMERICAL DESIGN REVIEW NO. 2017-05, AND VARIANCE NO.
2017-03)IS CONSISTENT WITHTHE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP); and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVINGCONDITIONAL USE PERMIT NO. 2017-05TO ESTABLISHA
3,266SQUARE FOOT AUTOMOBILE DEALERSHIP FACILITYLOCATEDAT APNS: 363-112-
025, 026, AND 031;and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVINGCOMMERCIAL DESIGN REVIEW NO. 2017-05PROVIDING
BUILDING DESIGNAND RELATED IMPROVEMENTS FOR A 3,266 SQUARE FOOT
AUTOMOBILE DEALERSHIP FACILITY LOCATED AT APNS: 363-112-025, 026, AND 031;
and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVINGVARIANCENO. 2017-03FOR THE3,266 SQUARE FOOT
BUILDING TO ENCROACH INTO THE REQUIRED FRONT AND REAR YARDSETBACKS
DUE TO SITE CONSTRAINTS.
Background
Community Outreach
On February 16, 2019, the applicant helda community meeting to provide information to the
surrounding neighbors regardingthe proposed Project. According to the applicant,
approximately 45-50 neighbors attended the meeting. The applicant also stated that the meeting
was positive and the neighbors were supportive of the proposed Project. Two neighbors asked
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06/11/2019
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about the color of the Split Face Block to be used on the Building. The applicant agreed to
provide color sample and get the neighbors concurrence (See attached Exhibit J).
Planning Commission Hearing
The Project was initially heard by the Planning Commission on May 7, 2019but was continued
to the May 21, 2019hearing in order to allow staff and the applicant additional time to address
questionsthe applicanthad on some of the Conditions of Approval recommended for this
Project. Staff met with the applicant on May 13, 2019,and the Conditions of Approval have
been updated as necessary to address the applicant’s concerns.
In addition, to address some of the concerns raised by the neighborsthe applicant has agreed
tothefollowing additional features to provide additional screening and to mitigate the Project’s
visual impact to the surrounding homes(COA No. 22):
1.In order to provide additional screening for the surrounding homes, a minimum 5’-0” vinyl
fencing shall be provided along the portion of fencing facing Avenue 10 where the rear of
the building faces the wall.
2.The rear of the building shall also utilize “Split-Face Block Wall” (Color & Material #4) to
match the front of the building. The “Split-Face Block Accent Row” (Color & Material
#10) shall be widened to improve the look of the rear of the building.
3.Fast growing Vines shall be planted along the rear of the building visible from the street.
In addition, the perimeter screen trees along the residential property lines shall be a
minimum of 24” box in size.
In order to address the concerns related to parking and traffic, the Project has also been
conditioned to prevent loading or off-loading of vehicles fromoccurringon Auto Center Drive
(COA No. 20).In addition, per COA No. 79 the Project is required to submit a sight distance
analysis prior to building permit issuance to the Engineering Division for review and approvalto
ensure that there are no visibility issues.The Project is also required to provide street
improvement plans (COA Nos. 96 and 97) which may include, but not limited to, a requirement
for a “No Stopping Anytime” sign along the Project’s frontage.
On May 21, 2019, the Planning Commission unanimously recommended approval of the Project
by a vote of 4-0.
Discussion
Project Descriptionand Location
The Silverleaf Motors project (Project) consists of applications for a Conditional Use Permit
(CUP No. 2017-05), a Commercial Design Review (CDR No. 2017-05), and a Variance (VAR
No. 2017-03)which collectively are being processed under Planning Application No. 2017-28.
The Project site is located at the northwesterly corner of Auto Center Drive and Mill Street
(APNs: 363-112-025, 026, and 031).
Conditional Use Permit No. 2017-05 and Commercial Design Review No. 2017-05 are
proposing to establish a new automobile dealership facility that involves the construction of a
3,266 sq.ft.two-storybuilding and 118 total parking spaces. The first floor willinclude four (4)
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offices, a showroom, and customer waiting area and will be 2,447 sq. ft. in size. The second
floor will be 819 sq. ft. in size and will have four (4) storage rooms, a balcony, and an open area.
The Projectwill provide 118total parking spaces for sales, employees, and visitors.The facility
will have about (5) employees associated with the operation of the businessand will be open
seven (7)days a week.Monday throughSaturday hours will be 9:00 AM –9:00 PM, and
Sunday hours will be 10:00 AM –7:00 PM.
Variance No. 2017-03 is a request to encroach into the required 20 ft. front yard setback and
the required 15 ft. rear yard setback for the proposed building due to site constraints.
Architecture and Treatments
The main building will incorporate a Contemporary Architectural Style with split-face brick wall
construction.The designwill include the use of wall offsets and recessed entries, multiple
parapet heights, and decorative cornice treatments. Aluminum storefrontwindows with reflective
glazing will be utilized on the buildingto create a uniform appearance.
Landscapingand Fencing
The proposed Project will provide landscaping to complement the architectural style of the
proposed buildings. Trees, shrubs, and ground coverwill be located in the perimeter
landscaping areas provide effective screening of the Project. Additionally, the Project will
provide perimeter screen trees to provide additional buffer for the adjacent residential
properties.
The Project will also provide a 5’-0” high vinyl fencealong the Project’s westerly boundary
adjacent to the residential properties. Due to the site’s varying topography,the Project is
proposing retaining walls at the Project’s westerly boundary.
Site Access
Access tothe Project site will be primarily provided by avehicular driveway on Auto Center
Driveand Mill Street. To improve site circulation, the driveway approaches will be restricted to
one-way in and one-way out.
Environmental Setting
EXISTING LAND
USE
GENERAL PLAN ZONING
Project Site Vacant General Commercial (GC)General Commercial (C-2)
North Auto Dealership General Commercial (GC)General Commercial (C-2)
South Residential Medium Density
Residential
Single-Family Residential (R-1)
East Apartments General Commercial (GC)General Commercial (C-2)
West Residential Medium Density
Residential
Medium Density Residential (R-
2)
Table 1: Environmental Setting
Analysis
General Plan Consistency
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The Project has a General Plan Land Use designation of General Commercial(GC) and is
located within the RiverviewDistrict. The GCLand Use designation provides for retail, services,
restaurants, professional and administrativeoffices, hotels and motels, mixed-use projects,
public and quasi-public uses, and similar andcompatible uses with a maximum 0.40Floor Area
Ratio (FAR). The Project is proposing to establish a new automobile dealership facilitywith a
0.06 FAR, which is compatible with the other intended uses of the GC Land Use Designation.
The Project site is also located in the Auto Mall overlay designation. This special overlay
designation provides for additional detailed design standards necessary to facilitate and
accommodate auto mall development and prevent conflicts related to land use incompatibility
with surrounding residential neighborhoods.
Policy RV 1.5 requires projects to establish and maintain adequate buffers between auto
sale lots and residential uses.
The Project is proposing to provide buffer landscaping along the Project’s westerly property
line adjacent to the residential lots. The Project is also conditioned to ensure that access to
the facility is restricted only through Auto Center Driveand Mill Street. No commercial
parking at the residential streets (Griffin Way,Avenue 10, and Mill Street) would be
allowed. No pedestrian accessto the dealershipwill also be allowed from Griffin Way and
Avenue 10(COA No. 19).
The applicant has also conducted a lighting analysis to ensure that new sources of light
introduced as a result of the Project would not impact the surrounding residences. In
addition, the Project is required to comply with the Lake Elsinore Municipal Code (LEMC)
Section 17.112.040 Lighting (for Nonresidential Development) to ensure that all outdoor
lighting fixtures in excess of 60 watts to be oriented and shielded to prevent direct
illumination above the horizontal plane passing through the luminaire and prevent any glare
or illumination on adjacent properties or streets(COA No. 12).
Municipal Code Consistency
The current zoning for the subject site is General Commercial (C-2). According to Section
17.124.030.Eof the C-2 zone, motor vehicle sales is a permitted use subject to approval of a
Conditional Use Permit.
Staff has reviewed the proposed Project with respect to the relevant development standards as
identified in the C-2 zone and the LEMC and has detailed the requirements and the proposed
development standards as follows:
Development Standard Required Proposed
Front yard Setback Ave. 20 ft./not less than 15 ft.10ft.
Rear yard Setback (ROW)15 ft.0ft.
Building Height 45 ft.33’-6” ft.
Landscape improvements:
Adjacent to Street 15 ft.10ft.
Landscape coverage 15%29%
Table 2:Development Standards
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The Project also complies with the onsite parking standards listed in LEMC, Chapter 17.148
(Parking Requirements). Section 17.148.030.Aof the LEMC requires one (1) space for each
250 sq. ft. gross floor areain commercial districts and generally for commercial uses. The
Project would require 13 customer parking spaces.The Project will havesufficient parking
spaces as there will be 118 total parking spaces for sales, employees, and visitors.
The architectural design of the proposed building complies with the Nonresidential Development
Standards(Chapter 17.112)of the LEMC. The architecture of the building has been designed to
achieve harmony and compatibility with surrounding area. The colors and materials proposed
will assist in blending the architecture into the existing landscape and are compatible with other
colors and materials used on other properties near theProject site. The proposed landscaping
improvements serve to enhance the building designs and soften portions of building elevations,
provide shade and break-up expanses of pavement.
The Variance is requesting to encroach 10’-0” into the required 20’-0”front yard setback and
encroach into the required 15’-0”rear yard setback from the public-right-of-way for the proposed
3,266 sq. ft. building. Section 17.172.060 of the LEMC requires the following findings to be
made before granting a variance: (1) thatadequate safe guards to ensure development in
accordance with the General Plan and Zoning Designation are incorporated; (2) that there are
special circumstances applicable to the property whereas the granting of a variance would not
constitute the granting of a special privilege; and (3) that the variance is the minimum deviation
necessary to enable reasonable development of the property.
The subject property was createdas a result of three(3) left over fragments of property froma
single-family residential housing tract and a realignment of AutoCenter Drive and Mill Street.
Theproperty is long and very narrow, and is only approximately 65 ft.in depth.The irregular
shape of the subject property is the special circumstance applicable to this Project. Due to its
irregularshape,the strict application of the code will prevent this lot from enjoying the same
rights as other lots in the surrounding area.The granting of the variance will not constitute
granting of a special privilege to the subject propertybut will allow the proposed building to be
constructed. The variance is the minimum deviation to enable reasonable development of the
property.
The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and
Engineering have reviewed the proposed Project, and have conditioned the Project so as to
mitigate any potential concerns.
Environmental Determination
The proposed Project is exempt from the California Environmental Quality Act (Cal. Pub. Res.
Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.)
pursuant to CEQA Guidelines Section 15332 In-Fill Development Projects:
a)The Project has a General Plan Land Use designation of General Commercial (GC) and has
a General Commercial (C-2) zoning designation. The proposed Project, an automobile
dealership facility,is a permitted use subject toa Conditional Use Permit. The Project also
complies with all applicable development standards of the C-2 zone. Therefore, the Project
is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations.
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b)The proposed Project occurs within city limits, is located on a Project site of no more than
five acres (approximately on a 1.3-acre site), and issubstantially surrounded by urban uses.
c)The Project site has no value, as habitat for endangered, rare or threatened species.The
Project has been reviewed for consistency with the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP). The Project is located within the MSHCP
Elsinore Area Plan, Criteria Cell # 4646. A Lake Elsinore Acquisition Process (LEAP2017-
02) application was submitted on August 11, 2017and the MSHCP consistency findings
were completed and were submitted to the Regional Conservation Authority (RCA) for
review. On February 26, 2018, the RCA concluded the Joint Project Review (JPR# 17-10-
06-01) process and concluded that the Project is consistent with both the Criteria and other
plan requirements of the MSHCP.
The Project site has been disturbed for many decades and does not encompass riparian
scrub, woodland and forest habitat, and is not connected to those habitats to the west, east,
and south. The property is not within a Criteria Area Species Survey Area (CASSA). It is
also not within survey areas for amphibian species or mammal species and surveys for
those species are not required.Burrowing owl surveys were conducted by RCA Associates,
LLC on June 27, 2017 in accordance with the survey requirements established for the
MSHCP. No owl burrows or owls were identified during the field investigations.The Project
has been conditioned (COA No. 26) to conduct a pre-constructionpresence/absence survey
for burrowing owl within 30 days of the commencement of project-related grading or other
land disturbance activities to ensure that the species has not moved onto the site.
d)Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.A Noise Impact Analysis (NIA) dated June 14, 2017prepared by
Kunzman Associates, Inc. was submitted for the proposed Project. The NIA analyzed the
potential for project construction noise and operational noise to cause an exposure of
person to or generation of noise levels in excess of established City of Lake Elsinore noise
standards related to construction noise, transportation, and stationary related noise impacts
caused by the proposed Project.The NIA recommended additional conditions of approval
(COANos. 14 and 15)to reduce construction and operational noise emanating from the
proposed Project. In addition, a Preliminary Water Quality Management Plan (PWQMP
2017-10) that addresses water quality impacts has been submitted and approvedfor the
proposed Project.
(e) The site can be adequately served by all required utilities and public services.
Fiscal Impact
The time and costs related to processing this Project have been covered by the Developer
Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the
processing of this application. The approval of the Project does not fiscally impact the City’s
General Fund. Mitigation Measures to protect the City fiscally have already been included in the
Conditions of Approval.
Exhibits
A –MSHCP Resolution
B –CUPResolution
C –CDRResolution
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D –VAR Resolution
E–Conditions of Approval
F–Vicinity Map
G–AerialMap
H–Design Review Package
I –Variance Justification
J –Community Outreach
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017-28
(CONDITIONAL USE PERMIT NO. 2017-05, COMMERICAL DESIGN REVIEW NO.
2017-05, AND VARIANCE NO. 2017-03) IS CONSISTENT WITH THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Whereas, Danny Brose, Auto Center & Mill, LLC has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2017-28 (Conditional Use Permit
No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03) to establish
an automobile dealership facility (Silverleaf Motors) with a 3,266 sq.ft. two-story building and 118
total parking spaces on an approximately 1.3-acre site (Project). The Project also includes a
Variance request for the front and rear yard setbacks due to site constraints. The Project site is
located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-112-025, 026,
and 031); and,
Whereas,Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP)requires that
all discretionary projects within a MSHCP Criteria Cell undergo the Lake ElsinoreAcquisition
Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed
development and establish a building envelope that is consistent with the MSHCP Criteria Cell;
and,
Whereas,Section 6.0 of the MSHCP further requires that the City adopt consistency findings
demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas,the Project site is withinthe MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). The
proposed project site lies within Criteria Cell #4646; and,
Whereas,pursuant to Chapter 17.168 (Conditional Use Permits),Chapter 17.184 (Design
Review), and Chapter 17.172 (Variances)of the Lake Elsinore Municipal Code (LEMC), the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps and design reviews;
and,
Whereas, on May 7, 2019and May 21, 2019at a duly noticed Public Hearing the Commission
has considered evidence presented by the Community Development Department and other
interested parties with respect to this item; and,
Whereas, pursuant to Chapters 17.168, Chapter 17.172,and 17.184 of the LEMC, the Council
has the responsibility of making decisions to approve, modify, or disapprove recommendations of
the Commission for conditional use permits, variances,and design review applications; and,
Whereas,on June 11, 2018, at a duly noticed Public Meeting, the Council has considered the
recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW THEREFORE, THECITY COUNCILOF THE CITY OF LAKE ELSINOREDOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
CC Reso. No. 2019-____
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Section 1:The Councilhas considered the Project and its consistency with the MSHCP prior to
adoptingFindings of Consistency with the MSHCP.
Section2:That in accordance with the MSHCP, the Councilmakes the following findings for
MSHCP consistency:
1.The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
The Property is located within MSHCP criteria cells. Pursuant to the City’s MSHCP Resolution,
the project has been reviewed for MSHCP consistency, including consistency with “Other Plan
Requirements.” These include the Protection of Species Associated with Riparian/Riverine
Areas andVernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant
Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, §
6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping
(MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and
payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4)..
2.The Projectis subject to the City’s LEAP and the County’s Joint Project Review(JPR)
processes.
The project site (1.3 acres) is located within Criteria Cell #4646. Therefore, a formal and
complete LEAP application, LEAP 2017-02 was submitted to the City on August 11, 2017 and
the JPR application, JPR 17-10-06-01wassubmitted to the County on October 2, 2017. The
County’s Regional Conservation Authority (RCA)completed the review on February 26, 2018
and found the Project consistent with both the Criteria and OtherPlan Requirements.
3.The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The property was assessed for the presence of Riparian/Riverine and Vernal Pool habitats
through a review of literature sources and an on-site evaluation. Aerial photographs were
reviewed prior to conducting the field investigations onJune 27, 2017. It was determined that
the project site does not support any areas that would be considered to be jurisdictional waters
under the Clean Water Act or State regulation for isolated waters or streambeds. No riparian
habitats were observed on the project site nor were any plant species typically associated
with riparian areas observed on the project site. No depressions or areas where water would
pool (e.g., road ruts) were observed within the project site. Furthermore, the soils present on
the site (i.e., Cotina gravelly coarse sandy loam, Cajalco rocky fine sandy loam and Arbuckle
Series) are not typically associated with the formation of vernal pools. Therefore, based upon
these criteria, no vernal pools occur on the project site and there is no suitable habitat for fairy
shrimp. Based upon the results of the field surveys and background data review, the site is
not expected to support any populations of fairy shrimp. Due to the lack of suitable riparian
habitat, riparian bird species such as least Bell’s vireo and southwestern willow flycatcher are
absent from the site. The San Jacinto River is located approximately 1,000 feet to the
southeast. There is no connectivity to the San Jacinto River, nor is there any connectivity to
any riparian/riverine features in the region. The Project is therefore consistent with the
Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP.
No further action regarding this section of the MSHCP is required.
4.The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
CC Reso. No. 2019-____
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The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow
endemic species, and no NEPSSA surveys are required.Theproposed project is therefore
consistent with the Protection of Narrow Endemic Plant Species Guidelines.
5.The Project is consistent with the Additional Survey Needs and Procedures.
The MSHCP requires additional surveys for certain species if the project islocated in certain
locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3
(Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey
Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas With Criteria Area),
burrowing owl surveys and surveys for Criteria Area species are required for the subject
property prior to approval of a development proposal.
The property is not within a Criteria Area Species Survey Area (CASSA), and CASSA surveys
are not required. It is also not within survey areas for amphibian species (MSHCP Figure 6-3)
or mammal species (MSHCP Figure 6-5) and surveys for those species are not required.
Burrowing owl (Athene cunicularia) surveys were conducted by RCA Associates, LLC on June
27, 2017 in accordance with the survey requirements established for the MSHCP (MSHCP
Burrowing Owl Survey Instructions, 2006). Owl surveys were conducted from about 0600 to
1000 hours and weather conditions included clear skies with temperatures from the mid 70’s
to mid 80’s. Following completion of the habitat assessment it was determined that the entire
site could be classified as suitable habitat (See Figure 3, Burrowing Owl Suitable Habitat).
Therefore, a survey was performed to identify the presence of any suitable burrows. The
burrow surveys consisted of 30-meter (or less) transects which were walked in a north-south
direction. The survey transects were spaced in a manner that provided 100% visual coverage.
No surveys were conducted in adjacent areas due to the presence of private property,
however, adjacent areas were surveyed using binoculars to determine if any burrowing owls
or other species were present. The only burrows that were observed during the surveys were
a few rodent burrowswith openings less than five centimeters in size that were too small to
be utilized by burrowing owls. No ground squirrel or other mammal activity were observed on
the site. Since, no owl burrows or owls were identified during the field investigations; no
additional site visits were conducted.
However, as a standard condition of approval for the development application, the City of Lake
Elsinore will require a pre-construction presence/absence survey for burrowing owl to be
conducted within 30 days of the commencement of project-related grading or other land
disturbance activities to ensure that the species has not moved onto the site since completion
of the June surveys. If burrowing owls have colonized the project site prior to the initiation of
construction, the project proponent should immediately inform the Regional Conservation
Authority (RCA) and the Wildlife Agencies, and would need to coordinate further with RCA
and the Wildlife Agencies regarding next steps, including the possibility of preparing a
Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance.
Therefore, the subject project is consistent with the Additional Survey Needs and Procedures
of the MSHCP.
6.The Project is consistent with the Urban/Wildlands Interface Guidelines.
CC Reso. No. 2019-____
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Section 6.1.4 of the MSHCP sets forth guidelines that are intended to address indirect effects
associated with locating development in proximity to the MSHCP Conservation Area, where
applicable.
The project site is located on the southwest sideof Auto Center Drive. There is existing single-
family residential development immediate adjacent to the project site’s southern and
southeastern boundary. An existing automobile dealership is located to the northwest of the
project site. There is also existing residential and commercial development across Auto
Center Drive from the project site. This residential and commercial development extend from
the San Jacinto River, past the project site and to Franklin Street. Therefore, there are no
conservation areas immediately adjacent to the project site. The nearest potential
conservation area is the San Jacinto River located approximately 1,000 feet to the southeast.
There is no connectivity to the San Jacinto River, nor is there any connectivity to any
riparian/riverine features in the region.
7.The Project is consistent with the Vegetation Mapping requirements.
Plant communities were mapped using aerial photography and were evaluated on the ground
using pedestrian surveys by biologists from RCA Associates, LLC on June 27, 2017. The
project site a ruderal plant community typical of disturbed urban areas. Common species
observed during the field investigations included yellow-green mathweed (Gutierrezia
sarothrare), Russian thistle (Salsola tragus), California buckwheat (Eriogonum fasciculatum),
barley (Hordeum murinum), erodium (Erodium cicutarium), horseweed (Conyza canadensis)
and bur clover (Medicago polymopha). Other species observed included brome grass
(Bromus sp.), mesquite (Prosopis sp.) and palm (Washingtonia filifera).
This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation
mapping requirements.
8.The Project is consistent with the Fuels Management Guidelines.
The MSHCP acknowledges that brush management to reduce fuel loadsand protect urban
uses and public health/safety shall occur where development is adjacent to conservation
areas. The project site is located on the southwest side of Auto Center Drive. There is existing
single-family residential immediate adjacent to theproject site’s southern and southeastern
boundary. An existing automobile dealership is located to the northwest of the project site.
There is also existing residential and commercial development across Auto Center Drive from
the project site. This residential and commercial development extend from the San Jacinto
River, past the project site and to Franklin Street. Therefore, there are no conservation areas
immediately adjacent to the project site. The nearest potential conservation area is the San
Jacinto River located approximately 1,000 feet to the southeast.
Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in
Section 6.4 of the MSHCP. The proposed project will be conditioned to pay the City’s MSHCP
Local Development Mitigation Fee.
The project has been conditioned to pay MSHCP Local Development Mitigation fees prior to
issuance of a grading permit, in effect at the time of permit issuance.
9.The proposed Project is consistent with the MSHCP.
CC Reso. No. 2019-____
Page 5of 5
Target conservation in Criteria Cell 4646 is 5% of the cell, focusing in the southeastern portion
of the Cell. The nearest potential conservation area within the Criteria Cell is the San Jacinto
River located approximately 1,000 feet to the southeast. Additionally, the project site does not
meet the conservation requirements set forth for Subunit 3 of the
Elsinore Area Plan. Therefore, no conservation of the project site, or any portion thereof, is
not required. The proposed project is consistent with the MSHCP.
Section3:Based upon the evidence presented, both written and testimonial, and the above
findings, the Council findsthat the Project is consistent with the MSHCP.
Section 4: This Resolution shall take effect immediately upon itsadoption.
Section5:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted onthis 11th day of June, 2019.
Steve Manos, Mayor
Attest:
___________________________________
Mark Mahan, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of June 11, 2019, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Mahan, Deputy City Clerk
RESOLUTION NO.2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2017-05 TO
ESTABLISH A 3,266 SQUARE FOOT AUTOMOBILEDEALERSHIP FACILITY
LOCATED AT APNS: 363-112-025, 026, AND 031
Whereas,Danny Brose, Auto Center & Mill, LLC has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2017-28 (Conditional Use Permit
No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03) to establish
an automobile dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 118
total parking spaces on an approximately 1.3-acre site (Project). The Project also includes a
Variance request for the front and rear yard setbacks due to site constraints. The Project site is
located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-112-025, 026,
and 031); and,
Whereas, Chapter 17.168 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses
have operational characteristics that, depending on the location and design of the use, may have
the potential to negatively impact adjoining properties, businesses or residents and therefore are
permitted subject to the issuanceof a Conditional Use Permit, which allows the City to
comprehensively review and approve the use; and,
Whereas, pursuant to Chapter 17.168 (Conditional Use Permits) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the Council pertaining to conditional use permits; and,
Whereas,on May 7, 2019and May 21, 2019at a duly noticed Public Hearing the Commission
has considered evidence presented by the Community Development Department and other
interested parties with respect to this item; and,
Whereas,pursuant to Chapter 17.168 of the LEMC, the Council has the responsibility of making
decisions to approve, modify, or disapprove recommendations of the Commission for conditional
use permits; and,
Whereas,on June 11, 2019, at a duly noticed Public Meeting, the Council has considered the
recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW,THEREFORE, THE CITY COUNCILOF THE CITY OF LAKE ELSINORE,CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section1:The Council has considered the Project and has found it acceptable.
Section2:The Council finds that the proposed Project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. Approval of the Project will not result in any significant
CC Reso. No. 2019-____
Page 2of 3
effects relating to traffic, noise, air quality, or water quality and the Project is adequately served
by all required utilities and public services.
Section3. That in accordance with LEMCSection 17.168.080 Findings, the Councilmakes the
following findings regarding Planning Application No. 2017-28(Conditional Use Permit No. 2017-
05):
1.That the proposed use, on its own merits and within the context of its setting, is in accord
with the objectives of the General Plan and the purpose of the planning district in which the
site is located.
The Project site has a General Plan Land Use designation of General Commercial (GC) that
provides for retail, services, restaurants, professional and administrative offices, hotels and
motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses
with a maximum 0.40Floor Area Ratio (FAR). The Project is proposing to establish a new
automobile dealership facility with a 0.06 FAR, which is compatible with the other intended
uses of the GC Land Use Designation.The Project also complies with Policy RV 1.5 of the
Auto Mall overlay designation by providing adequate buffers between the auto sales lots
and residential uses.Therefore, the Project is consistent with the General Plan. The current
zoning for the subject site General Commercial (C-2). The proposed use is identified as a
permitted use subject to the approval of a Conditional Use Permit within the C-2 zone.
Further, the proposed commercial Project will assist in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open space, recreational
and institutional land uses.
2.The proposed use will not be detrimental to the general health, safety, comfort or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City.
The proposed use does not propose either directly or indirectly any detrimental effects to
the existing surrounding community. The Project has been conditioned as such to avoid any
possible negative impacts associated with the proposed Project.
3.The Site for the intended use is adequate in size and shape to accommodate the use, and
for all the yards, setbacks, walls or fences, landscaping, buffers and other features required
by this title.
The proposed use has been analyzed and staff has determined that the proposed use meets
all applicable sections of the LEMCand will complement the existing uses, based on the
submitted plans and theconditions of approvalimposed on the Project.
4.The Site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the subject
use.
The proposed use is located within an existing built environment, inclusive of streets. The
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site.
5.In approving the subject use at the specific location, there will be no adverse effect on
abutting properties or the permitted and normal use thereof.
CC Reso. No. 2019-____
Page 3of 3
The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable
City departments thereby eliminating the potential for any adverse effects.
6.Adequate conditions and safeguards pursuant to LEMC 17.168.050, including guarantees
and evidence of compliance with conditions, have been incorporated into the approval of
the subject project to ensure development of the property in accordance with the objectives
of this chapter and the planning district in which the site is located.
Pursuant to Section 17.168.040of the LEMC, the Project was considered by the Planning
Commission at a duly noticed Public Hearing on May 7, 2019and May 21, 2019, appropriate
and applicable conditions of approval have been included to protect the public health, safety
and general welfare.
Section4:Based upon the evidence presented, the above findings, and the Conditions of
Approvalimposed upon the Project, the CouncilherebyapprovesPlanning Application No. 2017-
28(Conditional Use Permit No. 2017-05).
Section 5:This Resolution shall take effect immediately upon its adoption.
Section 6:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted onthis 11th day of June, 2019.
Steve Manos, Mayor
Attest:
___________________________________
Mark Mahan, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of June 11, 2019, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Mahan, Deputy City Clerk
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2017-05
PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 3,266
SQUARE FOOT AUTOMOBILE DEALERSHIP FACILITY LOCATED AT APNS:
363-112-025, 026, AND 031
Whereas, Danny Brose, Auto Center & Mill, LLC has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2017-28 (Conditional Use Permit
No. 2017-05, CommercialDesign Review No. 2017-05, and Variance No. 2017-03) to establish
an automobile dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 118
total parking spaces on an approximately 1.3-acre site (Project). The Project also includes a
Variance request for the front and rear yard setbacks due to site constraints. The Project site is
located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-112-025, 026,
and 031); and,
Whereas, the proposed Project is exempt from the California Environmental Quality Act (Cal.
Publ. Res. Code §§21000 et seq.:”CEQA”) and CEQA Guidelines (14. Cal. Code Regs §§15000
et seq.), specifically pursuant to Section 15332(Class 32–In-Fill Development Projects); and,
Whereas, pursuant to Chapter 17.184 (Design Review) of the LEMC, the Planning Commission
(Commission)has been delegated with the responsibility of making recommendations to the City
Council (Council) pertaining to design reviews; and,
Whereas,on May 7, 2019and May 21, 2019at a duly noticed Public Hearing the Commission
has considered evidence presented by the Community Development Department and other
interested parties with respect to this item; and,
Whereas, pursuant to Section 17.184.090 of the LEMCthe Council has the responsibility of
making decisions to approve, modify, or disapprove recommendations of the Commission for
design review applications; and,
Whereas,on June 11, 2019, at a duly noticed Public Meeting, the Council has considered the
recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1:The Council has reviewed and analyzed the proposed Project pursuant to the
California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore
General Plan(GP),and theLEMCand finds and determines that the proposed Projectis
consistent with the requirements of California Planning and Zoning Law and with the goals and
policies of the GP and the LEMC.
Section 2:The Councilfinds that the proposed Project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
CC Reso. No. 2019-____
Page 2of 3
site less than five acres surrounded by urban uses. The subject property has novalue as habitat
for endangered, rare or threatened species. 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 Chapter 17.184of the LEMC,the Councilmakes the following
findings regarding of Planning Application No. 2017-28(Commercial Design Review No. 2017-
05):
1.The Project, as approved, will comply with the goals and objectives of the General Plan and
the zoning district in which the project is located.
The Project site has a General Plan Land Use designation of General Commercial (GC) that
provides for retail, services, restaurants, professional and administrative offices, hotels and
motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses
with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to establish a new
automobile dealership facility with a 0.06 FAR, which is compatible with the other intended
uses of the GC Land Use Designation. The Project also complies with Policy RV 1.5 of the
Auto Mall overlay designation by providing adequate buffers between the auto sales lots
and residential uses. Therefore, the Project is consistent with the General Plan. The current
zoning for the subject site General Commercial (C-2). The proposed use is identified as a
permitted use subject to the approval of a Conditional Use Permit within the C-2 zone.
Further, the proposed commercial Project will assist in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open space, recreational
and institutional land uses.
2.The Projectcomplies with the design directives contained in the LEMCand all applicable
provisions of the LEMC.
The Projectis appropriate to the site and surrounding developments.The architectural
design of the proposed building complies with the Nonresidential Development Standards
(Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony
and compatibility with the surrounding area.The colors and materials proposed will assist
in blending the architecture into the existing landscape and are compatible with other colors
and materials used on other properties near the Project site. In addition, safe and efficient
circulation hasbeen achieved onsite.
3.Conditions and safeguards pursuant to Chapter 17.184.070 of the LEMC, 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 ofthe LEMC, the Projectwasconsidered by the
Commissionat a duly noticed Public Hearing held onMay 7, 2019and May 21, 2019.The
Project,as reviewed and conditioned by all applicable City divisions, departments and
agencies, will not have a significant effect on the environment. Therefore, no additional
environmental review is necessary.
Section 4:Based upon all of the evidence presented,the above findings, and the conditions of
approval imposed upon the Project, the Councilhereby approvesPlanning Application No. 2017-
28(Commercial Design ReviewNo. 2017-05).
CC Reso. No. 2019-____
Page 3of 3
Section 5:This Resolution shall take effect immediately upon its adoption.
Section 6:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted onthis 11th day of June, 2019.
Steve Manos, Mayor
Attest:
___________________________________
Mark Mahan, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of June 11, 2019, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Mahan, Deputy City Clerk
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING VARIANCE NO. 2017-03 FOR THE 3,266 SQUARE
FOOT BUILDING TO ENCROACH INTO THE REQUIRED FRONT AND REAR
YARD SETBACKS DUE TOSITE CONSTRAINTS
Whereas,Danny Brose, Auto Center & Mill, LLC has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2017-28 (Conditional Use Permit
No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03) to establish
an automobile dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 118
total parking spaces on an approximately 1.3-acre site (Project). TheProject also includes a
Variance request for the front and rear yard setbacks due to site constraints. The Project site is
located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-112-025,
026, and 031); and,
Whereas,Variance No. 2017-03 is a request to encroach into the required 20 ft. front yard setback
and the required 15 ft. rear yard setback due to site constraints;and,
Whereas, pursuant to LEMC Chapter 17.172 (Variances) the Planning Commission
(Commission)has been delegated with the responsibility of making recommendations to the City
Council (Council) pertaining tovariances;and,
Whereas,on May 7, 2019and May 21, 2019,at duly noticedPublic Hearing the Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item; and,
Whereas,pursuant to Chapter 17.172of the LEMC, the Council has the responsibility of making
decisions to approve, modify, or disapprove recommendations of the Commission for conditional
use permits; and,
Whereas,on June 11, 2019, at a duly noticed Public Meeting, the Council has considered the
recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW,THEREFORE, THE CITY COUNCILOF THE CITY OF LAKE ELSINORE,CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section1. The Council has considered the Project and has found it acceptable.
Section2.The Councilfinds that the proposed Project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. 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.
CCReso.No. 2019-____
Page 2of 3
Section3. That in accordance withthe LEMC,the Councilmakes the following findings regarding
Planning Application No. 2017-28(Variance No. 2017-03):
1.Adequate conditions and safeguards pursuant to LEMC,Section17.172.050 have been
incorporated into the approval of the variance to ensure development of the property in
accord with the objectives of the General Plan and the purpose of the planning district in
which the site is located.
The Project site has a General Plan LandUse designation of General Commercial (GC)and
the current zoning for the subject site General Commercial (C-2).The proposed use is
identified as a permitted use subject to the approval of a Conditional Use Permit within the
C-2 zone.The proposed variance would not alter the existing land use. Adequate Conditions
of Approval have been added to ensure that the development of the property is in accord
with the objectives of the General Plan and the C-2 zone.
2.There are special circumstances, pursuant to thepurpose of Chapter 17.172 of the LEMC,
applicable to the subject property which do not apply generally to other properties in the
neighborhood, and, therefore, granting of the variance shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity and district in
which the subject property is located.
The Variance is requesting to encroach 10’-0” into the required 20’-0” front yard setback and
encroach into the required 15’-0” rear yard setback from the public-right-of-way for the
proposed 3,266 sq. ft. building.The subject property was created as a result of three (3) left
over fragments of property from a single-family residential housing tract and a realignment
of Auto Center Drive and Mill Street. The property is long and very narrow, and is only
approximately 65 ft. in depth. The irregular shape of the subject property is the special
circumstance applicable to this Project. Due to its irregular shape, the strict application of
the code will prevent this lot from enjoying the same rights as other lots in the surrounding
area. The granting of the variance will not constitute granting of a special privilege to the
subject property but will allow the proposed building to be constructed.
3.In approvingthe variance, any reductions authorized from the strict interpretation of the
zoning ordinance represents the minimum deviation from this code necessary to fulfill the
purpose of this chapter and enable reasonable development of the property.
The proposed variance would allow the subject property to be developed with the proposed
building for the auto sales facility. The proposed variance represents the minimum deviation
necessary to enable reasonable development of the property.
Section 4. Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Councilhereby approvesPlanning Application No. 2017-
28(Variance No. 2017-03).
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6:The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
CCReso.No. 2019-____
Page 3of 3
Passed and Adopted onthis 11th day of June, 2019.
Steve Manos, Mayor
Attest:
___________________________________
Mark Mahan, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of June 11, 2019, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Mahan, Deputy City Clerk
Applicant’s Initials: _____ Page 1 of 17
CONDITIONS OF APPROVAL
PROJECT: PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03
PROJECT NAME:Silverleaf Motors
PROJECT LOCATION:APNs: 363-112-025, 026, and 031
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
GENERAL
1.Planning Application No. 2017-28(Conditional Use Permit No. 2017-05, Commercial Design
Review No. 2017-05, and Variance No. 2017-03) proposes toestablish an automobile
dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 118 total
parking spaces on an approximately 1.3-acre site (Project). The Project also includes a
Variance request for the front and rear yard setbacks due to site constraints. The Project
site is located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-
112-025, 026, and 031).
2.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants
(Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning approval, implementation and construction of Planning
Application No. 2017-28 (Conditional Use Permit No. 2017-05, Commercial Design Review
No. 2017-05, and Variance No. 2017-03), which action is bought within the time period
provided for in California Government Code Sections 65009 and/or 66499.37, and Public
Resources Code Section 21167, including the approval, extension or modification of
Planning Application No. 2017-28 (Conditional Use Permit No. 2017-05, Commercial Design
ReviewNo. 2017-05, and Variance No. 2017-03)or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees and/or costs
awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees, penalties and other costs, liabilities and expensesincurred
by Indemnitees in connection with such proceeding. The City will promptly notify the
applicant of any such claim, action, or proceeding against the City. If the project is
challenged in court, the City and the applicant shall enter into formal defense and indemnity
agreement, consistent with this condition.
3.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.
PLANNING DIVISION
4.Conditional Use Permit No. 2017-05shall 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 oftwo 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
PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03 PC: May 21, 2019
Conditions of Approval CC: June 11, 2019
Applicant’s Initials: _____Page 2 of 17
extension of the design review approval pursuant to subsections (B) and (C) of Lake
Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC
Section 17.168.110, a conditional use permit granted pursuant to the provisions of this
section shall run with the land and shall continue to be valid upon a change of ownership of
the site or structure which was the subject of the Conditional Use Permit application.
5.CommercialDesign Review No. 2017-05and Variance No. 2017-03shall 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 Lake
Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the
contrary, a design review granted pursuant to LEMC Chapter 17.184 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.
6.The Conditional Use Permit granted herein shall run with the land and shall continue to be
valid upon a change of ownership of the site or structure which was the subject of this
approval. An application for modification, expansion or other change in a Conditional Use
Permit shall be reviewed according to the provisions of the LEMC, Title 17 in a similar
manner as a new application.
7.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 Conditional Use Permit.
8.All Conditions of Approval shall be reproduced on page one of building plans prior to their
acceptance by the Building and Safety Division, Community Development Department. All
Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
9.All future development proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee, additional
environmental analysis will be required.
10.Any proposed minor revisions to approved plans shall be reviewed and approved by the
Community Development Director or designee. Any proposed substantial revisions to the
approved plans shall be reviewed according to the provisions of the Municipal Code in a
similar manner as a new application. Grading plan revisions shall be reviewed by the City
Engineer.
11.The applicant shall provide all project-related on-site and off-site improvements as required
by these Conditions of Approval.
12.The project shall comply with the City’s Lighting requirements (Section 17.112.040 Lighting
of the LEMC) requiring all outdoor lighting fixtures in excess of 60 watts tobe oriented and
shielded to prevent direct illumination above the horizontal plane passing through the
PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03 PC: May 21, 2019
Conditions of Approval CC: June 11, 2019
Applicant’s Initials: _____Page 3 of 17
luminaire and prevent any glare or direct illumination on adjacent properties or streets.
13.Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shallbe satisfied during
all site preparation and construction activity. Site preparation activity and construction shall
not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through
Friday. Only finish work and similar interior construction may be conducted on Saturdays
and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.
Construction activity shall not take place on Sunday, or any Legal Holidays.
14.The applicant shall construct trash enclosure(s) with a decorative roof to match the colors,
materials and design of the project architecture.
15.In accordance with the Noise Impact Analysis (NIA) dated June 14, 2017 prepared by
Kunzman Associates, Inc., the project shall comply with the following additional conditions
to reduce construction noise emanating from the proposed project:
a.All mobile or stationary internal combustion engine powered equipment or machinery
shall be equipped with suitable exhaust and air intake silencers in proper workingorder.
b.During all project site excavation and grading on‐site, construction contractors shall
equip all construction equipment, with properly operating and maintained mufflers,
consistent with manufacturer standards.
c.Whenever possible, the contractor shall utilize construction equipment so that emitted
noise is directed away from the noise sensitive receptors nearest the project site.
d.Equipment shall be shut off and not left to idle when not in use.
e.The contractor shall locate equipment staging in areas that will create the greatest
distance between construction‐related noise sources and sensitive receptors nearest
the project site during all project construction.
f.In order to minimize construction noise levels, it is recommended that a temporary
barrier (12 feet in height) beinstalled along the project’s southwestern property lineas
shown on Figure 6. The barrier shall be solid, with no holes or openings.
16.In accordance with the Noise Impact Analysis (NIA) dated June 14, 2017 prepared by
Kunzman Associates, Inc., the project shall comply with the following additional conditions
to reduce operationalnoise emanating from the proposed project:
a.No amplification of voice or music shall be utilized on the project site.
17.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 receive approval from the
Community Development Department for any sign(s) installed at the project site. OR The
applicant shall submit a sign program for review and approval of the Planning Commission
prior to installation.
18.Graffiti shall be removed within 24 hours.
19.No commercial parking or pedestrian access from the residential streets (Griffin Way,
Avenue10, and Mill Street) shall beallowed.
20.No loading or off-loading of vehicles shall occur on Auto Center Drive.
21.All materials and colors depicted on the approved plans shall be used. If the applicant
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wishes to modify any of the approved materials or colors depicted on the plans, the applicant
shall submit a proposal setting forth the modifications for review by the Community
Development Director or his designee.
22.The following additional features shall be provided for the Project to provide additional
screening and mitigate the Project’s visual impact to the surrounding homes:
a.In order to provide additional screening for the surrounding homes, a minimum 5’-0” vinyl
fencing shall be provided along the Project’s westerly boundary adjacent to the
residential properties, including along the portion where the rear of the building faces
the wall.
b.The rear of the building shall also utilize “Split-Face Block Wall”(Color & Material #4)to
match the front of the building. The “Split-Face Block Accent Row” (Color & Material
#10) shall be widened to improve the look of the rear of the building.
c.Fast growing Vines shall be planted along the rear of the building visible from the street.
In addition, the perimeter screen trees along the residential property lines shall be a
minimum of 24” box in size.
23.The entire site shall be kept free from trash and debris at all times and in no event shall
trash and debris remain for more than 24 hours.
24.The applicant shall comply with all applicable City Codes and Ordinances.
25.The applicant shall pay all applicable City fees, including but not limited to: Development
Impact Fees (DIF), Fire Facilities Fees, and Traffic Infrastructure Fees (TIF) per LEMC
Section 16.74, Transportation Uniform Mitigation Fees (TUMF) per LEMC Section 16.83,
Area Drainage Fees per LEMC Section 16.72, MSHCP Fee per LEMC Section 16.85,
Capital Improvement Impact/Mitigation Fees, Stephens Kangaroo Habitat Fee (K-Rat)per
LEMC Section 19.04, and Plan Check fees, at the rate in effect at the time of payment.
Prior to Issuance of Grading Permits/Building Permits
26.Apre-construction presence/absence survey for burrowing owl shall be conducted within 30
days of the commencement of project-related grading or other land disturbance activities to
ensure that the species has not moved onto the site. If burrowing owls have colonized the
project site prior to the initiation of construction, the project proponent should immediately
inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, and would
need to coordinate further with RCA and the Wildlife Agencies regarding next steps,
including the possibility of preparing a Burrowing Owl Protection and Relocation Plan, prior
to initiating ground disturbance.
27.All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so
that they are not visible from neighboring property or public streets. Any roof mounted
central swamp coolers shall also be screened, and the Community Development Director,
prior to issuance of building permit shall approve screening plan.
28.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of a building permit.
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29.The project shall meet all requirements of the Elsinore Valley Municipal Water District
(EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall
incorporate all district conditions and standards.
30.The property address (in numerals at least six inches high) shall be displayed near the
entrance and be easily visible from the front of the subject property and public right-of-way.
31.A uniform hardscape and street furniture design including seating benches, trash
receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and
be compatible with the architectural style. Detailed designs shall be submitted for Planning
Division review andapproval prior to the issuance of building permits.
32.Prior to issuance of a building permit, one(1) setof the Final Landscaping / Irrigation Detail
Plans along with a digital copy (i.e. PDF format) shall be submitted to the Community
Development Department with appropriate fees, for review and approval by the Community
Development Director or designee.
a.All planting areas shall have permanent and automatic sprinkler system with 50% plant
coverage using a drip irrigation method.
b.All planting areas shall be separated from paved areas with a six inch (6”) high and six
inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape
areas.
c.Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twenty-
four inches (24”).
d.Landscape planters shall be planted with an appropriate parking lot shade tree
pursuant to the LEMC and Landscape Design Guidelines.
e.No required tree planting bed shall be less than 5 feet wide.
f.Root barriers shall be installed for all trees planted within 10 feet of hardscape areas
to include sidewalks.
g.Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
h.The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City’s adopted Landscape Guidelines.
i.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 reviewed by the Landscape Consultant and approved by the
Community Development Director or Designee.
j.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.
k.Final landscape plan must be consistent with approved site plan.
l.Final landscape plans to include planting and irrigation details.
m.Final landscape plans shall include drought tolerant planting consistent with Elsinore
Valley Municipal Water District standards subject to plan check and approval by the
City’s landscape plan check consultant.
n.No turf shall be permitted.
33.Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Community Development Director.If it is determined that the landscaping
is not being maintained, the Director of Community Development shall have the authority to
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require the property owner to bring the landscaping into conformance with the approved
landscape plan.The continued maintenance of all landscaped areas shall be the
responsibility of the developer or any successors in interest.
34.The proposed location of on-site construction trailers shall be approved by the Community
Development Director or designee. A cash bond of $1,000 shall be required for any
construction trailers placed on the site and used during construction. Bonds will be released
after removal of trailers and restoration of the site to an acceptable state, subject to approval
of the Community Development Director or designee. Such trailer(s) shall be fully on private
property and outside the public right of way.
35.If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition issuance of all future
building permits, deny, revoke, or further condition all certificates of occupancy issued under
the authority of approvals herein granted; record a notice of violation on the property title;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
BUILDING DIVISION
General Conditions
36.Final Building and Safety Conditions.Final Building and Safety Conditions will be addressed
when building construction plans are submitted to Building and Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and related
codes which are enforced at the time of building plan submittal.
37.Compliance with Code.All design components shall comply with applicable provisions of
the 2016 edition of the California Building, Plumbing and Mechanical Codes: 2016 California
Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016
California Green Building Standards, California Title 24 Disabled Access Regulations, and
Lake Elsinore Municipal Code.
38.Green Measures. The application shall provide 10% voluntary green measures on the
project, as stipulated by the 2016 California Green Building Standards.
39.Disabled Access. Applicant shall provide details of all applicable disabled access provisions
and building setbacks on plans to include:
a.All ground floor units to be adaptable.
b.Disabled access from the public way to the entrance of the building.
c.Van accessible parking located as close as possible to the main entry.
d.Path of accessibility from parking to furthest point of improvement.
e.Path of travel from public right-of-way to all public areas on site, such asclub house,
trach enclosure tot lots and picnic areas.
40.Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi-family
residential projects or a recorded final map for single-family residential projects. It takes 10
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days to issue address and notify other agencies.
41.Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District
shall be submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
42.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
43.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and anyblock walls will require separate approvals and permits.
44.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits. Septic systems will need to be approved from Riverside County
Environmental Health Department before permit issuance.
45.House Electrical Meter. Applicant shall provide a house electrical meter to provide power
for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show on the plans
how the operation of exterior lighting and fire alarm systems when a house meter is not
specifically proposed.
At Plan Review Submittal
46.Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a.An electrical plan including load calculations and panel schedule, plumbing schematic,
and mechanical plan applicable to scope of work.
b.A Sound Transmission Control Study in accordance with the provisions of the Section
1207, of the 2016 edition of the California Building Code.
c.A precise grading plan to verify accessibility for the persons with disabilities.
d.Truss calculations that have been stamped by the engineer of record of the building and
the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
47.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from
the building plans, shall be submitted to Building and Safety for review and approval.
48.Demolition Permits. A demolition permit shall be obtained if there is an existing structure to
be removed as part of the project. Asbestos report and lead base paint reports are required
before demo permit will be issued.
Prior to Issuance of Building Permit(s)
49.Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp
of a registered professional with original signature on the plans. Provide C.D. of approved
plans to the Building Division.
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Prior to Beginning of Construction
50.Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
ENGINEERING DIVISION
General
51.All slopes and landscaping within public right-of-way shall be maintained by the property
owner or property owner’s association or another maintenance entity approved by the City
Council.
52.In accordance with the City’s Franchise Agreement for waste disposal & recycling, the
developer shall be required to contract with CR&R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or all other phases of construction.
53.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
54.All required hydrology and hydraulic reports shall be prepared by a Registered Civil
Engineer. All required soils, geology, and seismic reports shall be prepared by a Registered
Geotechnical Engineer.
55.A parcel merger will be required.
56.No commercial parking will be allowed in the adjacent residential neighborhood.
FEES
57.The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan
Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include:
Stephens Kangaroo Habitat Fee (K-Rat), Traffic Infrastructure Fee (TIF), Transportation
Uniform Mitigation Fee (TUMF), and Area Drainage Fee.
58.Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design
59.The project is responsible for complying with the Santa Ana Region NPDES Permits as
warranted based on the nature of development and/or activity. These Permits include:
General Permit –Construction
Deminimus Discharges
MS4
60.The Final WQMP shall be approved by the City prior to issuance of ANY permit to include
demolition, building, rough or precise grading.
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61.The Final WQMP shall document the following:
Detailed site and project description.
Potential stormwater pollutants.
Post-development drainage characteristics.
Low Impact Development (LID) BMP selection and analysis.
Structural and Non-Structural source control BMPs.
Treatment Control BMPs
Site design and drainage plan (BMP Exhibit).
Documentation of how vector issues are addressed in the BMP design, operation and
maintenance.
GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment
Control BMP locations.
HCOC –demonstrate that discharge flow rates, velocities, duration and volume for the
post construction condition from a 2-year 24-hour rainfall event will not cause adverse
impacts on downstream erosion and receiving waters, or measures are implemented
to mitigate significant adverse impacts downstream public facilities and water bodies.
Evaluation documentation shall include pre-and post-development hydrograph
volumes, time ofconcentration and peak discharge velocities, construction of sediment
budgets, and a sediment transport analysis.
The Operation and Maintenance (O&M) Plan and Agreement shall:
o describe the long-term operation and maintenance requirements for BMPs
identified in the WQMP;
o identify the entity that will be responsible for long-term operation and maintenance
of the referenced BMPs;
o describe and document the funding source for long-term operation and
maintenance of the referenced BMPS; and
o provide for annual certification of water quality facilities by a registered civil
engineer. The City format shall be used.
62.The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design,
where feasible, to treat the pollutants of concern identified for the project, in the following
manner (from highest to lowest priority): (Section XII.E.2, XII.E3, and XII.E.7).
Preventatives measures (these are mostly non-structural measures, e.g., minimizing
impervious areas, conserving natural areas, minimizing directly connected
impervious areas, etc.)
The Project shall in the order presented, infiltrate, harvest and use, evapotranspire
and/or bio-treat the Design Capture Volume (DCV).
The Project shall consider a properly engineered and maintained bio-treatment
system only if infiltration, harvesting and use and evapotranspiration cannot be
feasibly implemented at the project site.
Any portion of the DCV that is not infiltrated, harvested and used, evapo-transpired,
and/or bio-treated shall be treated and discharged in accordance with the
requirements set forth in Section XII.G.
63.Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
64.Project onsite hardscape areas shall be designed and constructed to provide for drainage
into adjacent landscape.
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65.Project trash enclosure shall be covered, gated, and bermed to prevent untreated discharge.
66.If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant
shall obtain certification through the Santa Ana Regional Water Quality Control Board and
provide a copy to the Engineering Division.
67.All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain”
using the City authorized marker.
68.The project shall use either volume-based and/or flow-based criteria for sizing BMPs in
accordance with NPDES Permit Provision XII.D.4.
69.The project shall implement State Water Quality Control Board approved full capture trash
devices. This shall include installationof connector pipe screens on all onsite catch basins
and all offsite catch basins to which the project discharges.
Construction
70.A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General
Construction Permit) and compliance with the Green Building Code for sediment and
erosion control are required for this project.
71.Prior to grading or building permit for construction or demolition and/or weed abatement
activity projects subject to coverage under the NPDES General Construction Permit shall
demonstrate that compliance with the permit has been obtained by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the notification of the issuance of a Waste Discharge Identification (WDID) Number or other
proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at
the project site, updated, and be available for review upon request.
72.Erosion & Sediment Control –An Erosion and Sediment Control Planimplementing
minimum BMPs shall be included 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 approved planshall be incorporated
into the SWPPP as applicable, kept updated as needed to address changing circumstances
of the project site, be kept at the project site and available for review upon request.
Post-Construction
73.Prior to the issuance of a certificateof use and/or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits to include:
Demonstrate that the project has complied with all non-structural BMPs described in
the project’s WQMP.
Provide signed, notarized certification (using City form) from the engineer of work that
the structural BMP’s identified in the project’s WQMP are installed in conformance with
approved plans and specifications and operational.
Submit a copy of the fully executed, recorded City approved Operations and
Maintenance (O&M) Plan and Agreement for all structural BMPs.
Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan
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or CC&R’s attached) are available onsite.
As Built and provide the City with a digital .pdf copy of the FinalWQMP.
UTILITIES
74.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
the roadway shall be the responsibility of the property owner or his agent.
75.Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City’s agreement with the Elsinore Valley
Municipal Water District.
76.The developer 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).
77.The developer shall submit a copy of the "Will Serve" letter to the City Engineering Division
from the applicable water agencystating that water and sewer arrangements have been
made for this project and specify the technical data for the water service at the location,
such as water pressure and volume etc.
IMPROVEMENTS
Design
78.Submit for plan check and approval a street abandonment to correct right of way on Mill
Street.
79.Sight distance into and out of the project location shall comply with CALTRANS Standards.
Submit a sight distance diagram showing compliance prior to building permit.
80.The developer shall install permanentbench marks per City of Lake Elsinore Standards and
at locations to be determined by City Engineer.
81.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
82.The developer shall coordinate with Riverside Transit Authority for location and installation
of bus transit facilities. Please submit a letter with RTA findings.
83.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall
be contained within the street right-of-way. When either of these criteria are exceeded,
appropriate drainage facilities shall be provided.
84.All drainage facilitiesin this project shall be constructed to Riverside County Flood Control
District Standards.
85.A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off-site and onsite
drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours
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or 24 hours duration under developed condition is equal or less than the runoff under
existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration
shall be analyzed to determine the detention basin capacities necessary to accomplish the
desired results.
86.All natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer. All off-site drainage, if
different from historic flow, shall be conveyed to a public facility.
87.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
88.The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
89.All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted
with a storm drain filter; all new storm drain inlet facilities constructed by this project shall
include a storm drain filter.
90.New under sidewalk drains shall be designed per City of Lake Elsinore Standard 301A.
91.All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
92.The owner shall dedicate in fee title to the City of right-of-way along Auto Center Drive
adjacent to the property frontage, for a total right-of-way of 50’ wide from centerline to the
project property line.
93.The owner shall process through the City Engineering Division for plan check, approval a
parcel merger for APN’s 363-112-031, 363-112-025 and 363-112-026.
94.The distance from the face of curb to the outside diameter of the power poles shall be 18”
minimum.
95.The developer shall dedicate right-of-way on Auto Center Drive such that the ultimate right-
of-way width conforms to General Plan and right-of-way cross sections. The cross section
of roadway improvements with a raised median (if applicable and if applicable, developer
shall pay cash-in-lieu of construction of ½ the raised median), parkway, and streetlights shall
be consistent with other proposed development on Auto Center Drive, as recommended by
the City.
96.Street improvement plans shall be prepared by a Registered Civil Engineer and the plans
shall include curb and gutter, sidewalk, ac pavement, street lighting, and drainage
improvements.
97.The developer shall provide signing and striping plans for the required improvements of this
project, both onsite and offsite. The plans shall also incorporate traffic calming measures on
local streets.
98.If existing improvements are to be modified, the existing improvement plans on file shall be
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modified accordingly and approved by the City Engineer prior to issuance of building
permit.
Permitting/Construction
99.An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-
way. The developer shall submit the permit application, required fees and executed
agreements, security and other required documentation prior to issuance.
100.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
101.All streets shall be constructed per Lake Elsinore City Standards. Any deviation from City
standards shall be approved by the City Engineer.
Acceptance of Improvements
102.A portion of the required improvements for this development may be covered under the
Traffic Impact Fee (TIF) program. Request for fee credits shall be approved by the City
Engineer and based on allowable costs in the fee program and availability of funds.
103.The developer shall submit a written request for acceptance to the City Engineer.
104.As-built plans shall be completed andsigned by the City Engineer.
GRADING
Design:
105.A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and/or movement of soil (grading) on
the site. The plan shall include separate sheets for 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).
106.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
107.The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
108.Plant and irrigate all manufactured slopes equal to or greater than 3 feet in vertical height
with drought tolerant grass or ground cover; slopes 15 feet or greater in vertical height shall
also be planted with drought tolerant shrubs or trees in accordance with the requirements
of Ordinance 457.
109.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
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and/or topography shall be approved by the City Engineer.
110.The developer shall obtain all necessary off-site easements and/or permits for off-site
grading and theapplicant shall accept drainage from the adjacent property owners.
Permit/Construction:
111.Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
112.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
113.Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste
Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board
for the National Pollutant Discharge Elimination System (NPDES) program
114.Prior to commencement of grading operations, developer is to provide to the City with a map
of all proposed haul routes to be used for movement of export material. All such routes shall
be subject to the review and approval of the City Engineer. Haul route shall be submitted
prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by
City Council. (LEMC 15.72.065)
115.Export sites located within the Lake Elsinore City limits must have an active grading permit.
116.Applicant to provide to the City a video record of the condition of all proposed public City
haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring
public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to the approval of the City Engineer.
117.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
118.A copy of the current SWPPP shall be kept at the project site and be available for review
upon request.
119.Approval of the project Water Quality Management Plan (WQMP) for post construction shall
be received prior to issuance of a grading permit.
120.Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
121.Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development agreement,
Stephens Kangaroo Rat Habitat.
PRIOR TO ISSUANCE OF BUILDING PERMIT
122.Provide final soils, geology and seismic report, including recommendations for parameters
for seismic design of buildings, and walls prior to building permit.
PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03 PC: May 21, 2019
Conditions of Approval CC: June 11, 2019
Applicant’s Initials: _____Page 15 of 17
123.The parcel merger must be approved.
124.All required public right-of-way dedications, street abandonments and easements shall be
prepared by the developer or his agent and shall be submitted to the Engineering Division
for review and approval prior to issuance of building permit.
125.All street improvement plans, and signing and striping plans shall be completed and
approved by the City Engineer.
126.The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
Prior to Occupancy
127.All signing and striping and traffic control devices for the required improvements of this
development, onsite and offsite, shall be installed.
128.All public improvements shall be completed in accordance with the approved plans or as
condition of this development to the satisfaction of the City Engineer.
129.All water and sewer improvements shall be completed in accordance with Water District
requirements.
130.Proof of acceptance of maintenance responsibility of slopes, landscape areas, and drainage
facilities shall be provided.
131.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment
in full in accordance with the LEMC.
132.As-built plans for all approved plan sets shall be submitted for review and approval by the
City. The developer/developer/owner is responsible for revising the original mylar plans. .
133.In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
134.All final studies and reports, grade certifications, monument certifications (with tie notes
delineated on 8 ½ x 11” mylar) shall be submitted in .tif format on a CD/DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc.
135.All plansets and recorded maps shall be digitized and provided on CD/DVD as follows:
Improvement Plans –GIS Shape files* and .tif of approved as built mylar.
Grading Plans -.tif of approved as built mylar.
*GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California
Zone VI U.S. Fleet.
136.Final soil report showing compliance with recommendations, compaction reports, grade
certifications, monument certifications (with tie notes delineated on 8 ½ x 11” mylar) shall
be submitted in .tif format on CD to the Engineering Division before final inspection will be
scheduled.
137.All required public right-of-way dedications, easements, dedications, abandonments and
PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03 PC: May 21, 2019
Conditions of Approval CC: June 11, 2019
Applicant’s Initials: _____Page 16 of 17
easement agreement(s) shall be recorded with a recorded copy provided to the City prior to
occupancy.
138.Prior to grading or building permit close-out and/or the issuance of a certificate of use or a
certificate of occupancy, developer shall:
o Demonstrate that all structural BMPs have been constructed, installed and are
functioning in conformance with approved plans and specifications and the WQMP;
o Demonstrate that they are prepared to implement all non-structural BMPs included in
the conditions of approval or building/grading permit conditions;
o Demonstrate that an adequate number of copies of the approved project specific
WQMP are available for the future owners/occupants; and
o The developer shall provide all education guidelines for Water Quality Management
Practices to the tenants, operators and owners of the businesses of the development,
regarding the environmental awareness on good housekeeping practices that
contribute to protection of storm water quality and meet the goals of the approved
WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact
the City NPDES Coordinator for handout/guideline information.
139.The property owner (aka Legally Responsible Party) shall execute and cause to be recorded
a “Covenant and Agreement” in the form provided by the City to inform future property
owners of the requirement to implement the approved final project-specific WQMP.
140.Developer shall pay all outstanding applicable processing and development fees including
but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area
drainage prior to occupancy/final approval.
CITY OF LAKE ELSINORE FIRE MARSHAL
141.The applicant/operator shall comply with all requirements of the Riverside County Fire
Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the
Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main
St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225.
PA 2017-28/CUP 2017-05/CDR 2017-05/VAR 2017-03 PC: May 21, 2019
Conditions of Approval CC: June 11, 2019
Applicant’s Initials: _____Page 17 of 17
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above
named project and do hereby agree to accept and abide by all Conditions of Approval as approved
by the City Councilof the City of Lake Elsinore on __________ .I also acknowledge that all
Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
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Planning Application No. 2017-28APNs: 363-112-025, 026, & 031VICINITY MAP
PROJECT SITE
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AeroGRID, IGN, and the GIS UserCommunity
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AeroGRID, IGN, and the GIS UserCommunity
Planning Application No. 2017-28APNs; 363-112-025, 026, & 031AERIAL MAP
PROJECT SITE
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MA
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AUTO CENTER DRIVE
AUTO CENTER DRIVE
MA
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5' TUBULAR STEEL FENCE
OVER RETAINING WALL
(TYP.)
5' TUBULAR STEEL FENCE
(TYP.)
5' SOLID VINYL FENCE
(TYP.)
5' SOLID VINYL FENCE
OVER RETAINING WALL
(TYP.)
DECOMPOSED GRANITE
GROUNDCOVER (TYP.)
BOULDER GROUPINGS
(TYP.)
DECOMPOSED GRANITE
GROUNDCOVER (TYP.)
BOULDER
GROUPINGS
(TYP.)
5' SOLID VINYL FENCE
(TYP.)
5' SOLID VINYL FENCE
N.T.S.
5' TUBULAR STEEL FENCE
N.T.S.
0 feet40
1" = 20'
20 60 80
MONUMENT SIGN (TYP.)
MONUMENT SIGN (TYP.)
3-15-19
PROJECT SITE
1.3 ACRES - 56,628 SF
15% LANDSCAPE REQUIRED: 56,628 x .15 = 8,494 SF
LANDSCAPE AREA PROVIDED: 16,772 SF
SILVERLEAF MOTORS
City of Lake Elsinore
Subject: Variance No. 2017-03
Damaris Abraham,senior planner
Dear Damaris,
Answer to Special Circumstances:
The subject property is three left over fragments of property from
a single family residential housing tract a realignment of Auto
Center Drive and Mill Street. Because of its shallow depth the
property is long and very narrow. It is however zoned for
commercial use and designated to be an Automobile Dealership.
It is a legal lot but with the current setbacks would make it
impossible to build. A granting of a variance would not be
available to other lots in this zoning as all other lots have subtable
depths for setbacks, meaning they have the space to provide the
required street and rear setbacks.This would not create a
precedent as all other lots in this area have deeper lot depths.
Answer to Special Privilege:
Because of the limited depth of the lot, granting a variance would
only be available to such a lot, or lots that cannot meet the
minimum front or rear setbacks, so all other lots that are deep
1
would not require a variance in order to build a structure. It would
only be a privilege if standard depth lots requested a variance and
were granted one when having the necessary depth to meet the
front and back minimum setbacks. Upon a visual inspection of the
Auto Zone their are no other constricted properties that would
need this variance.
Community Response's:
The community is in total agreement with the project because it
will provide security from Auto Center Drive, Lighting at the rear
of the project ,Landscaping at their rear property and on the rear
wall of the building, New rear yard fencing for neighbor's adjacent
and an overall Wonderful Neighborhood enhancement. New
sidewalk curb and gutter and paving at Auto Center Dri ve.
Danny Brose'
31103 Rancho Viejo Road, San Juan Capistrano Ca. 92675 949-874-7474
2
1
Damaris Abraham
From:Danny Brose <dannybrose@live.com>
Sent:Monday, February 18, 2019 12:18 PM
To:Damaris Abraham
Subject:Silverleaf Motors-Auto Center Drive
Attachments:pdfshare.pdf
Hi Damaris,
We held the Noticed (189 envelopes) Neighborhood Meeting on Saturday February 16th and had approximately 45‐50
Neighbors in attendance including one Planning Commissioner, no one attended from the apartments across the street.
The Meeting was very positive and everyone was in agreement that they want this project.
We had two neighbors that asked about the color of the Split Face Block we will be using on the Building and we agreed
to show them samples and get their concurrence prior to the upcoming Planning Commission Meeting which I presume
will be in March.
Nothing Negative was voiced at the meeting.
Jei Kim will be delivering his Water Quality report to engineering on Tuesday morning , last item.
Thank you,
Danny Brose’
949‐874‐7474