HomeMy WebLinkAboutItem No. 16 - Extension of Time Request for TTM 37922, CUP 2019-19, and CDR 2019-27 (Lake and Mountain Commercial Center)Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use Permit No.
2019-19, and Commercial Design Review No. 2019-27 (Lake and Mountain Commercial
Center)
Reconsider the extension of time request for Tentative Tract Map (TTM) No. 37922, Conditional
Use Permit (CUP) No. 2019-19, and Commercial Design Review (CDR) No. 2019-27, receive
public comments if any, and direct staff to prepare a resolution based on the action taken by the
City Council to approve or deny the extension of time request.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Damaris Abraham, Community Development Director
Date:May 28, 2024
Subject:Extension of Time Request for Tentative Tract Map No. 37922, Conditional
Use Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake
and Mountain Commercial Center)
Applicant:Valeria Salampessy, Empire Design Group
Recommendation
Reconsider the extension of time request for Tentative Tract Map (TTM) No. 37922, Conditional
Use Permit (CUP) No. 2019-19, and Commercial Design Review (CDR) No. 2019-27, receive
public comments if any, and direct staff to prepare a resolution based on the action taken by the
City Council to approve or deny the extension of time request.
Background
The subject project was approved by the City Council on January 25, 2022. The approval was to
subdivide the approximately six-acre project site into six (6) lots and to develop new buildings for
commercial and retail uses. The project site currently consists of an undeveloped area and is
located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013,
014, 015, 016, 017, and 018).
Prior to the expiration date of the project’s approvals, the applicant requested an extension of time.
On March 12, 2024 at a duly noticed Public Hearing, the City Council voted 4-1 to deny the
extension of time request.
At the April 9, 2024 City Council Meeting, the City Council voted 4-1 to rescind its March 12, 2024
decision and schedule the item for a new Public Hearing to reconsider the extension of time
request.
Detailed information concerning the project is provided below.
TTM 37922, CUP 2019-19, and CDR 2019-27 EOT)
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Discussion
On January 25, 2022, the City Council certified Environmental Impact Report (ER 2020-03) (SCH
No. 20200080538) and approved TTM No. 37922, CUP No. 2019-19, and CDR No. 2019-27.
TTM No. 37922 proposes to subdivide the 6.07-acre site into six (6) lots ranging in size from 0.66
acres to 1.10 acres. The remaining 0.44-acre portion of the site will be dedicated for road right-
of-way purposes.
CUP No. 2019-19 and CDR No. 2019-27 propose to establish approximately 32,695 sq. ft. of
commercial and retail uses as outlined below:
Parcel 1: 3,320 sq. ft. drive-through restaurant (Drive-Thru A) with an attached 1,600 sq.
ft. retail building (Retail C);
Parcel 2: 2,520 sq. ft. drive-through restaurant (Drive-Thru B) with an attached 2,400 sq.
ft. retail building (Retail D);
Parcel 3: 3,150 sq. ft. express car wash;
Parcel 4: 3,400 sq. ft. convenience store (C-Store) with an attached 1,525 sq. ft. quick
service restaurant (QSR), a 4,089 sq. ft. fueling canopy with six (6) Multi-Product
Dispensers (MPD), and three (3) stormwater bio-retention basins;
Parcel 5: 4,850 sq. ft. retail building (Retail B) and four (4) stormwater bio-retention basin
areas; and
Parcel 6: 4,850 sq. ft. retail building (Retail A).
The original expiration date for TTM No. 37922, CUP No. 2019-19, and CDR No. 2019-27 was
January 25, 2024. On November 3, 2023, the applicant submitted a two-year extension of time
request. The applicant has submitted a grading plan, hydrology study, and Water Quality
Management Plan (EGPC No. 2023-0013) and is currently in plan check. The applicant has stated
that the time extension is necessary to allow additional time to complete the plan check process
and obtain grading and building permits.
Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC) provides one or more extensions
of time for tentative maps totaling a maximum of 36 months. Pursuant to the Subdivision Map Act,
Government Code Section 66452.6(e), the time at which the map expires may be extended by
the legislative body for a period not exceeding a total of six (6) years. The applicant will have four
4) more years of extensions available for TTM No. 37922 if this extension of time request is
approved.
In accordance with Sections 17.415.050.I (Lapse of Design Review Approval and Time
Extensions) and 17.415.070.D (Lapse of Conditional Use Permit) of the LEMC, the expiration
date of an approved CUP and CDR may be extended for no more than two (2) years. The two-
TTM 37922, CUP 2019-19, and CDR 2019-27 EOT)
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year extension of time for CUP No. 2019-19 and CDR No. 2019-27 represents the final extension
of time allowed by the LEMC.
The Community Development (Building & Safety and Planning), Engineering, and the
Administrative Services Departments have recommended revised Conditions of Approval
consistent with section 66452.6(e) of the Subdivision Map Act and Sections 65961(a)(1-2) and
65961(f) of the Planning and Zoning Laws. These updated Conditions of Approval reflect the most
current City requirements for development and ensure that the project complies with current laws,
standards, and policies.
Environmental Determination
Pursuant to CEQA Guidelines Section 15162, no new environmental documentation is necessary
because all potentially significant effects have been adequately analyzed in an earlier
Environmental Impact Report (EIR) (SCH# 2020080538), and none of the conditions described
in Section 15162 exist. EIR (SCH# 2020080538) was adopted by the City Council on January 25,
2022. As part of the extension of time request, conditions of approval were updated to reflect the
most current City requirements for development. These are standard conditions of approval and
will not result in any modifications to the previously approved project. No substantial changes that
require major revisions to the EIR exist, and no new information of substantial importance which
requires revisions to the EIR exists. Therefore, no further environmental documentation is
necessary.
Public Notice
Notice of the hearing for the extension of time application has been published in the Press-
Enterprise newspaper and mailed to property owners within 300 feet of the subject property for
each application. As of the writing of this report, seven (7) written comments concerning this
application have been received by staff.
Fiscal Impact
The time and costs related to processing this application have been covered by application fees
paid for by the applicant. No General Fund budgets have been allocated or used in the processing
of this application.
Attachments
Attachment 1 – Conditions of Approval
Attachment 2 – GIS Exhibits
Attachment 3 – TTM No. 37922
Attachment 4 – Design Review Package
Attachment 5 – Public Notice Materials
Attachment 6 – Letters from Applicant’s Representatives
Attachment 7 – Public Comments
Applicant’s Initials: _____ Page 1 of 20
CONDITIONS OF APPROVAL
New text underlined and deletions in strikethrough)
PROJECT: PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27
PROJECT NAME:Lake and Mountain Commercial Center
PROJECT LOCATION:APNs: 389-030-012, 013, 014, 015, 016, 017, and 018
APPROVAL DATE:January 25, 2022
EFFECTIVE DATE:January 25, 2022
EXPIRATION DATE:
EOT APPROVAL DATE:
EOT APPROVAL DATE:
EOT EXPIRATION DATE:
January 25, 2024
March 12, 2024
May 28, 2024
January 25, 2026
GENERAL
1.Tentative Tract Map No. 37922 is a subdivision of 6.07 acres six (6) lots ranging in size from
0.66 acres to 1.10 acres. The remaining 0.44-acre portion of the site will be dedicated for
road right-of-way purposes. Conditional Use Permit No. 2019-19 and Commercial Design
Review No. 2019-27 include a 3,400 SF convenience store with an attached 1,525 SF
Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two
2) 4,850 SF retail buildings, a 3,320 SF drive-thru restaurant with an attached 1,600 SF
retail building, and a 2,520 SF drive-thru restaurant with an attached 2,400 SF retail building
with 170 parking spaces, landscaping, and related site improvements. The Project is located
at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013, 014,
015, 016, 017, and 018).
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 TTM 37922, CUP
2019-19, and CDR 2019-27, 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 TTM 37922, CUP 2019-
19, and CDR 2019-27 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 expenses incurred 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.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 2 of 20
4.The applicant shall submit a check for $3,589.25 made payable to the County of Riverside
for the filing of a Notice of Determination. The check shall be submitted to the Planning
Division for processing within 48 hours of the project’s approval.
PLANNING DIVISION
5.Tentative Tract Map No. 37922 will expire two years from the date of approval unless within
that period of time a Final Map has been filed with the County Recorder, or an extension of
time is granted by the City Council in accordance with the State of California Subdivision
Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).
6.Tentative Tract Map No. 37922 shall comply with the State of California Subdivision Map
Act and applicable requirements contained in the LEMC, unless modified by these
Conditions of Approval.
7.Conditional Use Permit No. 2019-19 shall lapse and become void two years following the
date on which the conditional use permit became effective, unless one of the following: (1)
prior to the expiration of two years, a building permit related to the conditional use permit is
issued and construction commenced and diligently pursued toward completion; or (2) prior
to the expiration of two years, the applicant has applied for and has been granted an
extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of
Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of
LEMC Section 17.415.070.I, 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.
8.Commercial Design Review No. 2019-27 shall lapse and become void two years following
the date on which the design review became effective, unless one of the following: (1) prior
to the expiration of two years, a building permit related to the design review is issued and
construction commenced and diligently pursued toward completion; or (2) prior to the
expiration of two years, the applicant has applied for and has been granted an extension of
the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal
Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design
review granted pursuant to LEMC Section 17.415.050.I.2 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.
9.An application for modification, expansion or other change in a Conditional Use Permit shall
be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar
manner as a new application.
10.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.
11.The applicant shall provide all project-related on-site and off-site improvements as required by
these Conditions of Approval.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 3 of 20
12.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.
13.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.
14.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.
15.Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be 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.
16.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. Sign plans submitted to the City for review shall incorporate City
identification signs.
17.In accordance with Section 17.112.090.O. of the LEMC, establishments engaged in the
concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following
requirements:
a. No beer or wine shall be displayed within five feet of the cash register or the front door.
b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
c. No sale of alcoholic beverages shall be made from a drive-in window.
d. No display or sale of beer or wine shall be made from an ice tub.
e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated
advertising for beer or wine shall be located on buildings or windows.
f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21
years of age to sell beer and wine.
18.Graffiti shall be removed within 24 hours.
19.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.
20.No outside overnight storage of inoperable vehicles shall occur at the site.
21.There shall be no loitering in or around the business.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 4 of 20
22.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.
23.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.
24.The applicant shall construct trash enclosure(s) with a decorative roof to match the colors,
materials and design of the project architecture.
25.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.
Prior to Recordation of Final Map(s)
26.All lots shall comply with minimum standards set forth in the General Commercial (C-2)
zoning designation of the LEMC.
27.A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
28.All of the project improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
29.Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of
a Property Owner’s Association (POA) which shall be approved by the City. All Association
documents that address including, but not limited to, reciprocal easements, shall be
submitted for review and approval by City Planning, Engineering and the City Attorney and
upon City approval shall be recorded. Such documents shall include the Articles of
Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs).
a. All slopes, landscaping within public right-of-way, all drainage basins, and common
areas including but not limited to parking areas and drive aisles, shall be maintained by
the (POA).
b. Provisions to restrict parking upon other than approved and developed parking spaces
shall be written into the CC&Rs for the project.
Prior to Issuance of Grading Permits/Building Permits
30.The applicant shall pay all applicable City fees, including but not limited to Development
Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 5 of 20
time of payment.
31.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.
32.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 and approval prior to the issuance of building permits.
33.Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the
Community Development Department for review and approval. The plan shall ensure that
all exterior on-site lighting are shielded and directed on-site so as not to create glare onto
neighboring properties and streets or allow illumination above the horizontal plane of the
fixture.
34.Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light
fixtures shall be submitted for review and approval by the Director of Community
Development, or their designee. Light fixtures shall compliment the architectural style of the
buildings onsite.
35.Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving
onsite shall be submitted for review and approval by the Director of Community
Development, or their designee.
36.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
shall be submitted for review and approval by the Director of Community Development, or
their designee.
37.Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans shall be
submitted along 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. Mature specimen trees shall be planted on locations visible from public views.
c. 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.
d. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twenty-
four inches (24”).
e. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant
to the LEMC and Landscape Design Guidelines.
f. No required tree planting bed shall be less than 5 feet wide.
g. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to
include sidewalks.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 6 of 20
h. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
i. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City’s adopted Landscape Guidelines.
j. 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.
k. 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.
l. Final landscape plan must be consistent with approved site plan.
m. Final landscape plans to include planting and irrigation details.
n. 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.
o. No turf shall be permitted.
38.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
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.
39.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.
BUILDING DIVISION
General Conditions
40.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.
41.Compliance with Code. All design components shall comply with applicable provisions of
the 2019 edition of the California Building, Plumbing and Mechanical Codes: 2019 California
Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019
California Green Building Standards, California Title 24 Disabled Access Regulations, and
Lake Elsinore Municipal Code.
42.Green Measures. The application shall provide 10% voluntary green measures on the
project, as stipulated by the 2019 California Green Building Standards.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 7 of 20
43.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 as clubhouse,
trach enclosure tot lots and picnic areas.
44.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
days to issue address and notify other agencies. Please contact Sonia Salazar at
ssalazar@lake-elsinore.org or 951-674-3124 X 277.
45.Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District
shall be submitted to the Building and Safety Department evidencing the payment or
exemption from School Mitigation Fees.
46.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
47.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits.
48.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.
49.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
50.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 2019 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.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 8 of 20
Prior to Issuance of Grading Permit(s)
51.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.
52.Demolition Permits. A demolition permit shall be obtained if there is an existing structure to
be removed as part of the project.
Prior to Issuance of Building Permit(s)
53.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.
Prior to Beginning of Construction
54.Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
ENGINEERING DEPARTMENT
General
55.All new submittals for plan check or permit shall be made using the City’s online Citizen
Self-Service Portal (CSSP).
56.All plans (Street, Storm Drain, Improvement, Grading) shall be prepared by a Registered
Civil Engineer using the City’s standard title block.
57.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared
by a Registered Civil Engineer.
58.All slopes and landscaping within the public right-of-way shall be maintained by the property
owner, owner’s association, firms contracted by the property owner’s association, or another
maintenance entity approved by the City Council.
59.All open space and slopes except for public parks and schools and flood control district
facilities, outside the public right-of-way shall be owned and maintained by the property
owner or property owner’s association.
60.In accordance with the City’s Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated both during cleaning, demolition,
clear and grubbing or all other phases of construction and during occupancy.
61.Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient
containment and conveyance of the storm water to a safe and adequate point as approved
by the City Engineer.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
Applicant’s Initials: _____ Page 9 of 20
62.The site will accommodate all construction activity, building activity, vehicles, etc. No staging
on public streets, or private property belonging to others shall be conducted without the
written permission of the property owner.
FEES
63.Applicant shall pay all applicable permit application and Engineering assessed fees,
including without limitation plan check and construction inspection fees, at the prevalent rate
at time of payment in full.
64.Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent
rate at time of payment in full. Mitigation and Development Impact Fees include without
limitation:
Master Plan of Drainage Fee – Due prior to Grading Permit issuance
Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance
Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy
LAND DIVISION-DEDICATION
65.All required public right-of-way dedications and easements shall be prepared by the
developer or his agent and shall be submitted to the Engineering Department for review and
approval.
66.Owner shall dedicate on the Final Map to the City right-of-way along Lake Street adjacent
to the property frontage for a total right-of-way of 60 feet from centerline to the project
property line.
67.Owner shall dedicate on the Final Map to the City right-of-way along Mountain Street
adjacent to the property frontage for a total right-of-way of 30 feet minimum from centerline
to the project property line.
68.The project shall vacate/abandon City approved excess right-of-way by separate
instrument. All City costs for processing a vacation/abandonment (ex. Publication, noticing)
shall be invoiced and paid by the developer.
69.Monumentation shall be in accordance with Lake Elsinore Municipal Code 16.32 and the
Subdivision Map Act. Security and Inspection fee for monumentation shall be paid and two
contiguous monuments shall be inspected prior to scheduling Final Map for City Council.
70.Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the Engineering
Department for review and approval.
71.Legal agreements and financial commitments (LLMD, CFD, etc.) for operation and
maintenance be recorded prior to Certificate of Occupancy.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design
Conditions of Approval PC: December 21, 2021
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72.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
De Minimus Discharges
MS4
73.A Water Quality Management Plan (WQMP) – Preliminary and Final – shall be prepared
using the Santa Ana Region 8 approved template and guidance and submitted for review
and approval to the City.
The Final WQMP shall be approved by the City prior to rough or precise grading plan
approval and issuance of any permit for construction.
74.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 and 10-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 of concentration and peak discharge velocities, construction
of sediment budgets, and a sediment transport analysis. (Note the facilities may need
to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events).
Operations and Maintenance (O&M) Plan and Agreement (using City approved form
and/or CC&Rs) as well as documentation of formation of funding district for long term
maintenance costs.
75.The 2010 SAR MS4 Permit requires evaluation of the site for implementation of LID
Principles and LID Site Design, where feasible, to treat the pollutants of concern identified
for the project, the following manner (from highest to lowest priority):
Evaluate site for highest and best use applicability (Exemption for projects that
discharge to Lake Elsinore).
Preventative 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
Conditions of Approval PC: December 21, 2021
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implemented at the project site.
Any portion of the DCV that is not infiltrated, harvested and used, evapotranspired,
and/or bio-treated shall be treated and discharged in accordance with the
requirements set forth in Section XII.G.
76.Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
77.Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
78.Project trash enclosure shall be covered, bermed, and designed to divert drainage from
adjoining paved areas and regularly maintained.
79.Hydromodification / Hydraulic Conditions of Concern – The project shall identify potential
Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of
natural water bodies and drainage systems; conserve natural areas; protect slopes and
channels; and minimize significant impacts from urban runoff.
80.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 Department.
81.All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain”
using the City authorized marker.
82.The project shall use either volume-based and/or flow-based criteria for sizing BMPs in
accordance with NPDES Permit Provision XII.D.4.
83.The project site shall implement full trash capture methods/devices approved by the Region
Water Quality Control Board.
84.To meet NPDES requirements, all vehicle/equipment washing/steam cleaning areas must
be self-contained and/or covered, equipped with a clarifier or other pretreatment facility, and
properly connected to a sanitary sewer or other appropriately permitted disposal facility.
PLAN REQUIREMENTS: The Owner/Applicant shall incorporate these vehicle/equipment
wash requirements into project design and depict on plans, including detail plans as needed.
Construction
85.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.
86.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
Conditions of Approval PC: December 21, 2021
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CC: March 12, 2024 (EOT)
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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.
87.Erosion & Sediment Control – All Projects – Prior to the issuance of any grading or building
permit for construction or demolition, the applicant shall submit for review and approval by
the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading
plan submittal to demonstrate compliance with the City’s NPDES Program and state water
quality regulations for grading and construction activities. A copy of the plan shall be
incorporated into the SWPPP, kept updated as needed to address changing circumstances
of the project site, be kept at the project site, and available for review upon request.
88.The project shall implement LID practices that treat the 85th percentile storm in the priority
order as follows:
Highest and best use – treat all pollutants of concern to a medium to high level and
discharge (applicable to projects discharging to Lake Elsinore)
Infiltrate
Harvest and use
Evapotranspire and/or bio-treat
89.Chemical Management – Prior to issuance of building permits for any tank or pipeline, the
uses of said tank or pipeline shall be identified and the developer shall submit a Chemical
Management Plan in addition to a WQMP with all appropriate measures for chemical
management (including, but not limited to, storage, emergency response, employee
training, spill contingencies and disposal) in a manner meeting the satisfaction of the
Manager, Permit Intake, in consultation with the Riverside County Fire Department and
wastewater agencies, as appropriate, to ensure implementation of each agency’s respective
requirements. A copy of the approved “Chemical Management Plans” shall be furnished to
the Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy.
Post-Construction
90.Prior to the issuance of a certificate of use and/or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
industrial/commercial, MS4, etc. to include:
Demonstrate that the project has compiled with all non-structural BMPs described in
the project’s WQMP.
Provide signed, notarized certification from the Engineer of Work that the structural
BMPs 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 or a copy of the
recorded City approved CC&R.
The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1)
describe the long-term operation and maintenance requirements for BMPs identified
in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation
and maintenance of the referenced BMPs; (3) describe the mechanism for funding the
long-term operation and maintenance of the referenced BMPs; and (4) provide for
annual certification for water quality facilities by a Registered Civil Engineer. The City
Conditions of Approval PC: December 21, 2021
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format shall be used.
Provide documentation of annexation into a CFD for funding facilities to be maintained
by the City.
Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan
or CC&R’s attached) are available for each of the initial occupants.
Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve
12) months after the issuance of a Certificate of Use and/or Occupancy for the project
to verify compliance with the approved WQMP and O&M Plan. A signed/sealed
certification from the Engineer of Work dated 12 months after the Certificate of
Occupancy will be considered in lieu of a Special Investigation by the City.
Provide the City with a digital .pdf copy of the Final WQMP.
UTILITIES
91.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. Overhead utilities
34.5 kV or lower) shall be undergrounded. All power lines (temporary or permanent) shall
comply with Caltrans standards for vehicle clearance.
92.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.
93.Developer shall apply for, obtain and submit to the City Engineering Department a letter
from Southern California Edison (SCE) indicating that the construction activity will not
interfere with existing SCE facilities.
94.Developer shall submit a “Will Serve” letter to the City Engineering Department from the
applicable water agency stating 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, volume, etc.
IMPROVEMENTS
Design
95.Sight distance into and out and throughout the project location shall comply with City or
Caltrans standards.
96.10-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,
drainage facilities shall be provided.
97.All drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards.
98.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 on-site
drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
Conditions of Approval PC: December 21, 2021
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The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours
and 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 24-hour storm duration
shall be analyzed to determine the detention
99.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.
100.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
101.The site shall be planned and developed to keep surface water from entering buildings
California Green Building Standards Code 4.106.3).
102.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. Off-site facilities shall be maintained by the City with maintenance
funded through a CFD or other City authorized assessment.
103.Developer shall be responsible at a minimum for the installation of half-width improvements
including, but not limited to curb, gutter, sidewalk, roadway pavement, and drainage
improvements on Lake Street to the ultimate 60-foot half-width cross section along the
property frontage. The project will construct the raised median on Lake Street to restrict
access to right-in/right-out access at the two driveways on Lake Street.
104.Developer shall be responsible at a minimum for installation of half-width improvements
including, but not limited to curb, gutter sidewalk, roadway pavement, and drainage
improvements on Mountain Street to the ultimate 30-foot half-width cross section along the
property frontage. The project will construct a pork chop island to restrict access to right-
in/right-out for Driveway 2 as shown on Exhibit 1-1 of the Traffic Impact Analysis dated
January 17, 2020.
105.Developer shall provide transition or offset from westerly driveway on Mountain Street to
existing curb at westerly property line.
106.Developer shall implement improvements identified in Section 1.6 of the Traffic Impact
Analysis dated January 17, 2020.
107.Developer shall submit signing and striping plans for City review and approval. All signing
and traffic control devices shall be installed prior to occupancy.
108.Developer shall install permanent benchmarks per City Standards and at location to be
determined by the City Engineer.
109.A California Registered Civil Engineer shall prepare the improvement plans required for this
project. Improvements shall be designed and constructed to City Standards and Codes
LEMC 12.04 and 16.34).
Conditions of Approval PC: December 21, 2021
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110.If existing improvements are to be modified, the existing improvement plans on file shall be
revised accordingly and approved by the City Engineer prior to issuance of a building permit.
Permitting/Construction
111.An Encroachment Permit shall be obtained prior to any work on City right-of-way. The
developer shall submit the permit application, required fees and executed agreements,
security and other required documentation prior to issuance.
112.All compaction reports, grade certification, monument certification (with tie notes delineated
on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection
of public works improvements will be scheduled and approved.
PRIOR TO GRADING PERMIT
Design
113.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
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.
114.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
115.The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
116.If the grading plan identifies alterations in the existing drainage patterns as they exit the site,
a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required
prior to issuance of grading permits. All grading that modifies the existing flow patterns
and/or topography shall be in compliance with Federal, State and Local law and be approved
by the City Engineer.
117.A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and/or subsidence zones present on-site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard
prior to grading permit. The location of faults, active or inactive shall be shown on the plan
sets.
118.Developer shall obtain all necessary off-site easements and/or permits for off-site grading
and the applicant shall accept drainage from the adjacent property owners.
119.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and/or diversion of drainage.
120.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a
manner consistent with the historic flow or to one or a combination of the following: to a
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public facility; accepted by adjacent property owners by a letter of drainage acceptance; or
conveyed to a drainage easement as approved by the City Engineer.
Permitting/Construction
121.Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
122.A preconstruction meeting with the City Engineering Inspector (Engineering Department) is
required prior to commencement of any grading activity.
123.Prior to commencement of grading operations, developer is to provide to the City 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 cubic yards shall be
approved by the City Council (LEMC 15.72.065).
124.Export sites located within the Lake Elsinore City limits must have an active grading permit.
125.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, the 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 approval of the City Engineer.
126.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.
127.Review and approval of the project sediment and erosion control plan shall be completed.
As warranted, a copy of the current SWPPP shall be kept at the project site and be available
for review upon request.
128.Approval of the project Final Water Quality Management Plan (WQMP) for post construction
shall be received prior to issuance of a grading or building permit.
129.Submit applicable environmental clearance document to the Engineering Department. This
approval shall identify and clear all proposed grading activity anticipated for this project.
PRIOR TO BUILDING PERMIT
130.Provide soils, geology and seismic report, including recommendations for parameters for
seismic design of buildings, and walls prior to building permit.
131.Prior to issuance of certificates of use and occupancy or building permits for individual tenant
improvements or construction permits for a tank or pipeline, facility uses shall be identified
and, for specified uses (where the proposed improvements will store, generate or handle
hazardous materials in quantities that will require permitting and inspection once
operational), the applicant shall propose plans and measures for chemical management
including, but not limited to storage, emergency response, employee training, spill
Conditions of Approval PC: December 21, 2021
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contingencies and disposal) to the satisfaction of the City Building Official(s).
132.All street improvement plans, traffic signal plans, signing and striping plans shall be
completed an approved by the City Engineer per Traffic Impact Analysis dated June 4, 2021,
as specified.
133.All required public right-of-way dedications and easements shall be prepared by the
developer or his agent and shall be submitted to the Engineering Department for review and
approval prior to issuance of the building permit.
PRIOR TO OCCUPANCY / FINAL APPROVAL
134.All public improvements shall be installed in accordance with the approved plans or as
condition of this development to the satisfaction of the City Engineer.
135.Proof of acceptance for maintenance responsibility of slopes, open spaces, landscape
areas, and drainage facilities shall be provided.
136.Covenants, Conditions and Restrictions (CC&Rs) shall be recorded prior to occupancy. A
digital copy shall be provided to the Engineering Department.
137.As-built plans for all approved plan sets shall be submitted for review and approval by the
City. Developer/Owner is responsible for revising the original mylar plans.
138.In the event of the damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
139.Final soil report showing compliance with recommendations, compaction reports, grade
certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be
submitted in .tif format on a USB flash drive or electronically to the Engineering Department
before final inspection will be scheduled.
140.All required public right-of-way dedications, easements, vacations and easement
agreement(s) shall be recorded with a recorded copy provided to the City prior to occupancy.
141.Developer shall pay all outstanding applicable processing and development fees prior to
occupancy and/or final approval.
PROJECT CLOSEOUT / SECURITY RELEASE
142.Developer shall submit documentation pursuant to City’s Security Release handout.
143.Developer shall submit as-built all Engineering Department approved project plan sets. After
City approval of paper copy, the developer/owner is responsible for revising the original
mylar plans. Once the original mylars have been approved, the developer shall provide the
City with a digital copy of the “as-built” plans in .tif format.
144.Developer shall provide AutoCAD and GIS Shape files of all Final Maps, Street and Storm
Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California
Zone VI U.S. Fleet.
Conditions of Approval PC: December 21, 2021
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CC: March 12, 2024 (EOT)
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CITY OF LAKE ELSINORE FIRE MARSHAL
145.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.
146.Hazardous Fire Area: this project is in a Very High Fire Hazard Severity Zone of Riverside
County as shown on a map on file with the Clerk of the Board of Supervisors. Any building
constructed within this project shall comply with the special construction provisions
contained in Lake Elsinore Municipal Code and the California Building Code.
147.Fire flow and hydrants: the applicant or developer shall provide fire hydrants in accordance
with the following:
a. Prior to placing any combustibles on site, provide an approved water source for
firefighting purposes.
b. Prior to building permit issuance, submit plans to the water district for a water system
capable of delivering fire flow as required by the California Fire Code and Fire
Department standards. Fire hydrants shall be spaced in accordance with the
California Fire Code. Based on current standards, the required fire flow is estimated
to be 1,500 GPM at 20 PSI for a 2 hour duration. Estimated fire flow is based on 5,000
square foot building area, Type V-B construction, and buildings having a fire sprinkler
system per 2019 California Fire Code.
148.Prior to building permit issuance, install the approved water system, approved access roads,
and contact the Fire Department for a verification inspection.
149.Emergency access roads must meet fire department standards at the time of building permit
application. Current standards require minimum 24-foot wide roads. Roads must be capable
of supporting at least 80,000 pounds.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services)
150.Prior to approval of the Final Map or building permit (as applicable), the applicant shall annex
into the Community Facilities District No. 2015-2 (Maintenance Services) or current
Community Facilities District in place at the time of annexation to fund the on-going
operation and maintenance of the public right-of-way landscaped areas and neighborhood
parks to be maintained by the City and for street lights in the public right-of-way for which
the City will pay for electricity and a maintenance fee to Southern California Edison,
including parkways, street maintenance, open space and public storm drains constructed
within the development and federal NPDES requirements to offset the annual negative fiscal
impacts of the project. Alternatively, the applicant may propose alternative financing
mechanisms to fund the annual negative fiscal impacts of the project with respect to
Conditions of Approval PC: December 21, 2021
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Applicant’s Initials: _____ Page 19 of 20
Maintenance Services. Applicant shall make a non-refundable deposit of $15,000 or at the
current rate in place at the time of annexation toward the cost of annexation, formation or
other mitigation process, as applicable.
MITIGATION MONITORING AND REPORTING PROGRAM
151.The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring
Reporting Program for the Environmental Impact Report (Environmental Review No.
2020-03; SCH # 2020080538) prepared for the Project.
Conditions of Approval PC: December 21, 2021
PA 2019-34/TTM 37922/CUP 2019-19/CDR 2019-27 CC: January 25, 2022
CC: March 12, 2024 (EOT)
CC: May 28, 2024 (EOT)
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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 Council of the City of Lake Elsinore on January 25, 2022 March 12, 2024 May 28,
2024. I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
UTILITIESWATER:
EASTERN MUNICIPAL
WATERDISTRICT951-928-3777
APPLICABLE
BUILDINGCODESALLCONSTRUCTIONTOCOMPLY
WITH:
PROJECT
DESCRIPTION (
SOW)APPLICANTDANNYSINGHTIGERPETROLEUM,
INC.3017 E. EDINGER AVE.
TUSTIN, CA92780CELLPHONE: (949) 630-5345E-MAIL:
dannysingh9@gmail.com
SITEDATA11TELEPHONE / CABLE:
SPECTRUM1-833-694-
9259
1.CONDITIONAL USE PERMIT ANDCOMMERCIALDESIGNREVIEW.ADDRESS:NWC MOUNTAIN ST. & LAKE ST.
LAKE ELSINORE, CA92530
BUILDING
CODE:
PLUMBING
CODE:
ELECTRICAL
CODE:
2016 CALIFORNIA
BUILDINGCODE2016CALIFORNIA
PLUMBINGCODE2016CALIFORNIA
ELECTRIC CODE
2.THE PROJECT INVOLVES (7) SEVEN PARCELS
TOTALING APPROXIMATELY 5.60NETACRES.PERMITNUMBER:
APN:
TBD3.
4.
THE PROJECT PROPOSES A 3,400 S.F. C-STOREWITHATTACHED1,525 S.F.
QSR, AND AN ASSOCIATED (6) SIX MPD 4,089S.F. FUELING CANOPY.
SEWER:FRONTIER1-800-921-8101
MECHANICAL CODE: 2016
CALIFORNIA MECHANICAL CODE 389-030-012, 013, 014, 015, 016, 017, 018EASTERNMUNICIPALWATERDISTRICT951-928-3777
ENERGY
CODE:
GREEN
BUILDING:
FIRE CODE:
2016 CALIFORNIA ENERGY
CODE2016CALIFORNIA GREEN
BUILDINGCODE2016CALIFORNIA FIRE
CODE (2015 IFC)
A PROPOSED 3,150 S.F. 90 FOOT LONGEXPRESSCONVEYORBELTCARWASHWITHASSOCIATED20VACUUMSTALLS.
LOT
SIZE:EXISTING: 6.07 ACRES (264,583 S.F.)
PROPOSED: 5.63 ACRES (
245,324 S.F.)
ARCHITECT /
EXHIBITPREPAREREMPIREDESIGNGROUP, INC.
PO BOX944MURRIETA, CA92564PHONE: (951) 696-1490
WASTE:
WASTE
MANAGEMENT1-866-909-4458
GAS:5.
6.
4.
A PROPOSED 4,850 S.F. RETAIL BUILDING ACONSISTINGOF5SUITES.
A PROPOSED 4,850 S.F. RETAIL BUILDING B
CONSISTING OF 5 SUITES.
PHYSICAL
ADDRESS:24861
WASHINGTONAVE.
MURRIETA, CA92562
BUILDING
AREAS:C-STORE: 3,400 S.F.
QSR: 1,525 S.F.
CANOPY: 4,089 S.F.
EXPRESS CARWASH: 3,150 S.F.
DRIVE-THRU A:
3,320 S.F.
DRIVE-THRU B: 2,520
S.F.
RETAIL A: 4,850 S.F.
RETAIL B: 4,850 S.F.
RETAIL C: 1,600 S.F.
SOUTHERNCALIFORNIA GAS CO.
1-800-427-2200
THE PROJECT SHALL COMPLY WITH THE
DEVELOPMENTSTANDARDSASOUTLINEDINTHEC-2 ZONE AND THE
LEMC
A PROPOSED 3,320 S.F. DRIVE-THRU BUILDINGAFASTFOODRESTAURANTWITHANATTACHED1,600 S.F. RETAILBUILDINGC.
ELECTRICAL:SOUTHERN
CALIFORNIAEDISON1-800-655-4555
FAX: (951)
696-14435.
6.
7.
A PROPOSED 2,520 S.F. DRIVE-THRU B FAST
FOOD RESTAURANT WITHANON-ATTACHED 2,400 S.F. RETAIL BUILDINGD.
CELL PHONE: (951) 809-
7601E-MAIL: ghann@empiregr.bizCONTACT: GREGORYHANN, ARCHITECT
ONSITE IMPROVEMENTS CONSIST OF ON-SITEPARKING, WQMP AREAS, SITECIRCULATION, LANDSCAPING AND SITELIGHTING.RETAIL D: 2,400 S.F.
TRASH ENCLOSURE A: 176
S.F. (TYP. OF 4)
TRASH ENCLOSURE B: 287S.F. (TYP. OF 1)
OFFSITE IMPROVEMENTS CONSIST OF NEWUTILITYCONNECTIONS, RIGHTOFWAYDEDICATIONS, DRIVEWAY APPROACHES, A PROPOSED MEDIAN, ANDUNDERGROUNDINGOFEXISTING
TELEPHONE/POWER POLESFRONTINGPROJECTSITE.
1 FLOOR AREA
RATIO:
BUILDINGHEIGHT:
COUNTY:
13
MAX HEIGHT:
45'-0"
RIVERSIDECONSTRUCTIONTYPE:
OCCUPANCYS:
V-B/SPRINKLERED
MSPECIFICPLAN:N/A
EXISTING LAND
USE:
PROPOSEDLANDUSE:
EXISTINGZONE:
VACANTRETAIL /
COMMERCIAL
C2 - GENERAL
COMMERCIAL
C2 - GENERALCOMMERCIAL
1
1 EXISTING
PROPERTY LINE PROPOSEDZONE:LANDSCAPE
PLANTER HAZARDOUS FIRE AREA: VERY HIGH FIRE
HAZARD SEVERITYZONECOMPLY WITH LEMC &
CBC
1
LANDSCAPEPLANTER SURROUNDINGLANDUSEAND
ZONING:
NORTH: C2 - GENERALCOMMERCIALRETAIL
B25'X40',
38'(
TYP.
OF 5)
4,850
S.F.
20S
RETAIL
A25'X40',
38'(
TYP.
OF 5)
4,850
S.F.
20S
SOUTH: R1 - SINGLE FAMILY
RESIDENTIALEAST: MURDOCK ALBERHILLRANCHSPECIFICPLANWEST: R1 - SINGLE FAMILY
RESIDENTIAL
WQMP
AREA
WQMP
AREA
WQMP
AREA
WQMP
AREA 1
PARKING REQUIREMENTS: RESTAURANT: 1/45 S.F.
CUSTOMER & 1/200 S.F. NONRETAIL: 1/250 S.F.LOADING SPACES REQUIREDFORCOMMERCIALBUILDINGOVER12,000 S.F. -
20,000 S.F (N/A)
C-STORE: 3,400 S.F. / 250QSR: 1,525 S.F. (500 S.F. / 45 + 1,025 S.F. / 200)= 16
LANDSCAPEPLANTERLANDSCAPE
PLANTER
CONCRETE
WALKWAY
14CONCRETE
WALKWAY
CONCRETE
WALKWAY CANOPY: 4,089 S.F. /
0EXPRESS CAR WASH:
3,150 S.F. / 0DRIVE-THRU A: 3,320
S.F.(
1,200 S.F. / 45 + 2,120S.F. / 200)
DRIVE-THRU B: 2,520S.F.
0= 0T.E.
T.E.A A = 37
1,000 S.F. / 45 +
1,520 S.F. / 200)RETAIL A: 4,850 S.F. /
250RETAIL B: 4,850 S.F. /
250RETAIL C: 1,600 S.F. /
250RETAIL D: 2,400 S.F. / 250
30=
19=
19= 6
WQMP
AREA PROPOSED ADA
PATHOFTRAVEL
THROUGHOUT SITE
ANDTOTHE PUBLIC RIGHT
OF WAY
PROPOSED TREE WELL
LOCATIONS,
SEE LANDSCAPE, TYP.
PROPOSED
UNDERGROUNDUTILITIES, SEE CIVIL T.E.
B
1 PROPOSED
COVEREDVACUUMSTALLS,
TYP. OF 20
PROPOSED
STORMWATERSYSTEM, SEE CIVIL
1 = 10DRIVE-THROUGH LANES
PROVIDEMINIMUM 8 VEHICLES IN
ACCORDANCEWITHLEMCSECTION
17.148.060 (TYP.)
TOTAL PARKINGREQUIRED = 151STALLSDRIVE-THROUGH
LANES
DRIVE-
THROUGH
LANES
LANDSCAPE
PLANTER
LANDSCAPE
PLANTER T.E.
A
TOTAL PARKING PROVIDED =
170 STALLS(
INCLUDING 11 ADA & 20VACUUMSTALLS)
PROVIDE MINIMUM
8VEHICLESINACCORDANCE
WITHLEMCSECTION17.148.060 (
TYP.)
PROVIDE MINIMUM
8VEHICLESINACCORDANCE
WITHLEMCSECTION17.148.060 (
TYP.)
LOT
COVERAGE:
BUILDING: 32,695 S.F. (
13%)
LANDSCAPING: 64,572 S.F. (27%)
IMPERVIOUS: 146,781S.F. (60%)
TOTAL: 245,324 S.F. (100%)
1LANDSCAPE
PLANTERCONCRETE
WALKWAY
LANDSCAPE
PLANTER T.E.
A
LANDSCAPE
PLANTERLANDSCAPEPLANTER1F12F4F5158T6I0ERG16AG56158T4I8ER
G17F19'ELOW)F7(BELOW)
G17A
GM2IN1.
CLRA.F.F.TG7
T36G605E G9EPR9EB-R9IN'xS3E0"FG0AUCET
F8 SHEETINDEXQSR40'X40'
1,525
S.F.
16S
C-
STORE
F3A 48"
C7
4CCC8"54"C121980
G34 BEWTG3TG3G7 85'X40'AS1.0 CONCEPTUALSITEPLANFRONCW2
T C2
FRONTC2BELCO5BECL1O5WC3G1TG14AC1C1 C1
G6A A6
BELOW
A7
TG10 3,400
S.F.
A14 ALTA/TOPOSHEET1 ALTA/NSPA
LAND TITLE SURVEY
G16
TG4A36"Lx24"D
36"Lx24"D 14SA51
A1C7FILTERA4BEAL5OW
RETAILC
A1037A(2
BEAL4O9W SHEET2 ALTA/NSPA LANDTITLESURVEYA123(A2(
2)
A1037A(2
BEAL5OW WHFIPAROC3NRTEAM2-AH1E6AAD)40'X40'
1,600
S.F.
6S
A187FILTER
CIVILC01C02C02AC03
CONCRETE
WALKWAY RETAILD40'X60'
2,400
S.F.
10S
GRADING
PLANWQMP SITE
PLANDETAILSEXPRESSCAR
WASH90'X35'
UTILITY
PLAN1LANDSCAPEL1LANDSCAPE
CONCEPTPLAN500S.F. OF
CUSTOMER
PROPOSED
AIRANDWATER
LOCATION
SERVING
AREA
3,150
S.F.ARCHITECTURALC-STORE AND QSR
FLOORPLANA1.1A1.2A1.3A1.5A1.6A1.7A1.8A1.9A1.10A1.11A1.12A1.13A2.1A2.2A2.3A2.3.
1A2.4A2.5A2.6A2.7A3.0A3.1A3.2
DRIVE-
THRUA
PROPOSED
LOCATION OFHEALYTANK, VENT RISERS,
ANDUNDERGROUND
STORAGE TANKS
C-STORE AND QSRROOFPLANDRIVE-
THRUB
CANOPY FLOOR AND
ROOFPLANEXPRESSCAR WASH
FLOORPLANEXPRESSCAR WASHROOFPLANRETAILAANDBFLOORPLAN
40'X80'
3,320
S.F.
38S
40'X60'
2,520
S.F.
30S
6
MPDCANOPY87'X47'
RETAIL A AND B
ROOFPLANRETAILCAND DRIVE-THRUAFLOORPLANRETAILCANDDRIVE-THRUAROOFPLANRETAILDANDDRIVE-THRU
B FLOORPLANRETAILDAND DRIVE-THRU
B ROOFPLANTRASHENCLOSURE A ANDBFLOORPLANSC-STORE AND QSRELEVATIONS
4,089
S.F.
CANOPYELEVATIONSLANDSCAPEPLANTER1LANDSCAPE
PLANTER EXPRESS CAR WASH
ELEVATIONSEXPRESSCAR WASH
ELEVATIONSRETAILAAND B
ELEVATIONSRETAILCAND DRIVE-THRUAELEVATIONSRETAILDANDDRIVE-THRUBELEVATIONSTRASHENCLOSUREAANDBELEVATIONSC-STORE AND QSR
SECTIONS
11,200 S.F. OF
CUSTOMERSERVINGAREA
1,200 S.F. OF
CUSTOMERSERVINGAREAPROPOSED5-BIKE
RACK(
INGROUND) BY:
BARCOPRODUCTS #05CL1692
OREQUALATEACHBUILDING,
TYP. OF 8
EXISTING UTILITY
METERSINPUBLIC
R.O.W. TOBERELOCATED,
SEE CIVIL
EXISTING
TELEPHONE/POWERPOLESTOBE
RELOCATEDUNDERGROUND,
TYP. OF 7
ALONG BOTH STREET
FRONTAGES RETAIL C/D AND DRIVE-THRU
A/BSECTIONSEXPRESSCAR WASH AND
RETAIL A/B SECTIONS
LANDSCAPE
PLANTER
CONCRETE
SIDEWALK
LANDSCAPE
PLANTER
LANDSCAPE
PLANTER
PROPOSED
PROPERTY LINE
CONCRETE
SIDEWALK
100.00'
VICINITY
MAP100.12'100.00'100.00'100.00'90.78'° 3 ' 8ABANDONEDPROPERTYLINEN1°25'44" E
591.02'=
1 9.
5
4 .'GH
GH
AHEXISTINGSIGNALIZEDINTERSECTION
TO BEUPDATED BASIS OF
BEARINGSS1°25'44" W
620.31'
L A K E S T
R E ETPUBLICROAD ROW =
VARIES
CL CONCEPTUALSITE
PLAN
CONCEPTUAL
SITE PLAN
MOUNTAINST
SITE AS
1.0SCALE:
1" =
30'-0"
NOT TO
SCALE
26' - 6"
22' - 0"
ELDORADO STONE
COASTAL LEDGESTONE
S1
KEYSTONE
FOAMARCH -
TYP.SIGNSIGN
C1
DIRECT APPLIED FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
C1
DIRECT APPLIED FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
TIGERP
ETROLEUM,
INC
0' - 0"
C2FRONT
ELEVATION3/16" = 1'-
0"
S11 C2 C3C4S1
DIRECT APPLIED FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO
C1
23' - 3"
C3
15' - 03/4"DIRECT APPLIED FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHAC4
ALUMINUM COMPOSITE
MATERIALWHITE0' - 0"
C3 C2 C4 M1
REAR
ELEVATI
ON3/16" = 1'-
0"
ACM Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
2
E-MAIL:
ghann@empiregr.bizDIRECTAPPLIEDFINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: 50YY
83/029
C1 S1 SEAL :
ICI# A0050 "
NATURAL WHITE "TRIM
DATE OCT3,
2019PAINTGRADEFINISHOVER
METAL SURFACES
PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTIONCOLORSPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "
C3 M1
NOTE : ALL
SIGNAGE ARE ON
ASEPARATE PERMIT
C4
DESIGNED
BY:
CHECKED
BY:
GH
GHAGRIGHTSIDE
ELEVATION3/16" = 1'- 0"
LEFT SI DE
ELEVATION3/16" = 1'- 0"
DRAWN
BY:
3 4 C STORE
ANDQSRELEVATION
A2.
1
ELDORADO STONE
COASTAL LEDGESTONE
S1
22' -
0"
17' -
0"
ACM
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
All ideas, designs andlayoutsshownonthesedrawings, includingalldocumentsonelectronicmediaarethepropertyofempiredesigngroup, and areintendedtobeusedibconnectionwiththisspecificprojectonlyandshallnototherwisebeusedforanypurposewhatsoeverwithoutthewrittenconsent. andmaynotbereproduced orusedwithoutthewrittenpermissionofempiredesigngroup.All rights reserved
C2
S1
C1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
TIGERPETROLEUM,
INC
0' -
0"
CANOPY FRONT
ELEVATION3/16" = 1'-0"
C21
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO C3
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHA
ACM
C2
S1 C4
ALUMINUM COMPOSITE
MATERIAL WHITE
Architect of
Record:GREGORY S.
HANN, AIA24861
WASHINGTONAVE.
MURRIETA, CA
92562TEL: 951-696-
1490
ACMCANOPYREAR
ELEVATION3/16" = 1'-0"
CEL: 951-
809-7607FAX: 951-696-
1443E-MAIL:
ghann@empiregr.biz2DIRECTAPPLIDFINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: 50YY
83/029
SEAL :
ICI# A0050 "
NATURAL WHITE "TRIM
DATE OCT 3, 2019PAINTGRADEFINISHOVER
METAL SURFACES PROJECTNUMBER EDG#04589COLORSPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "
NO DATE REVISIONDESCRIPTION
ACM M1
DESIGNEDBY:
CHECKEDBY:
GH
GH
AGDRAWNBY:
CANOPYELEVATIONCANOPYRIGHT
SIDEELEVATION3/16" = 1'-0"
CANOPY LEFT
SIDEELEVATION3/16" = 1'-0"
3 4 A2.
2
PAINT GRADE FINISH OVER
METAL SURFACES
ELDORADO STONE
COASTAL LEDGESTONE
S1
26' - 3"
24' - 8"
COLOR SPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "M1
21' - 3"
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
C1
C1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
TIGERP
ETROLEUM,
INC
KEYSTONE
FOAMARCH -
TYP.
M1 C4 C2
S1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO
0' - 0"
C2
C3CARWASH
ENTRANCE ELEVATI
ON1/4" = 1'- 0"
1 DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHAC4
ALUMINUM COMPOSITE
MATERIAL WHITE
ACM Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490
S1
CEL: 951-809-
7607FAX: 951-696-1443E-MAIL:
ghann@empiregr.biz26' - 3"
25' - 0"
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: 50YY
83/029ICI# A0050 " NATURAL WHITE "
TRIM
SEAL :
21' - 3"
20' - 0"
EX PRESS
CAR WASH
DATE OCT3,
2019PROJECT
NUMBER EDG#04589C1
C4
NO DATE REVISION
DESCRIPTION
11' - 6"
KEYSTONE
FOAMARCH -
TYP.C2
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
0' - 0"EXPRESS
CARWASH
ELEVATION
CAR WASH EXIT
ELEVATION1/4" = 1'- 0"
A2.32
S1
C1 26' - 3"26' - 3"24' - 10"
21' - 3"
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rightsreservedTIGERP
ETROLEUM,INCC4
C2 C3
CAR WASH RI GHT SI
DE ELEVATION1/4" = 1'- 0"
1
26' - 3"26' - 3"Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490
24' - 10"
CEL: 951-809-7607FAX: 951-696-1443E-MAIL: ghann@empiregr.biz21' - 3"SEAL :
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
EXPRESS
CARWASHELEVATIONCARWASHLEFTSI
DE ELEVATION1/4" = 1'- 0"
2
A2.3.
1
30' - 0"
26' - 9"
21' - 3"21' -
3"
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
13' - 0"
10' - 0"
13' - 0"
TIGER5' - 0"
P
ETROLEUM,
INC
0' -
0"
RETAI L C AND DRI VE THRU
REAR ELEVATION3/16" = 1'- 0"
1
30' - 0"
26' - 8"
21' - 3"SI
GN
SI
GN
21' - 3"
13' - 0"
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490
CEL: 951-809-7607FAX: 951-696-1443E-MAIL: ghann@empiregr.bizRETAILCANDDRIVETHRU
FRONT ELEVATION3/16" = 1'- 0"
2 SEAL :
DATE OCT3, 201930' - 0"PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION26' - 8"
DESIGNED
BY:
CHECKED
BY:
GH13' - 0"GH
AGDRAWNBY:
RETAILC
ANDDRIVE
THRUELEVATION
5' - 0"
NOTE : ALL
SIGNAGE ARE ON
ASEPARATE PERMIT
A2.5RETAILCANDDRIVETHRU
SI DE ELEVATION3/16" = 1'- 0"
3
NOTE : ALL
SIGNAGE ARE ON
ASEPARATE PERMIT
ELDORADO STONE
COASTAL LEDGESTONE
S1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
C1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
TIGERP
ETROLEUM,
INC
TRAS H ENCLOS URE FRONT
ELEVATI ON TYPEB1/4" = 1'- 0"
TRAS H ENCLOS URE FRONT
ELEVATI ON TY PEA1/4" = 1'- 0"
1 5 C2
GUTTERS BY
OTHER - TYP.C2
C1
GUTTERS BY
OTHER - TYP.DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO
C3
S1
C3
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHA
C2
TRAS H ENCLOS URE REAR
ELEVATI ON TYPEB1/4" = 1'- 0"
TRAS H ENCLOSURE REAR
ELEVATI ON TY PEA1/4" = 1'- 0"
C426
ALUMINUM COMPOSITE
MATERIAL WHITE
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490
ACM
CEL: 951-809-7607FAX: 951-696-1443E-MAIL: ghann@empiregr.bizDIRECTAPPLIDFINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: 50YY
83/029
SEAL :
ICI# A0050 "
NATURAL WHITE "TRIM
TRAS H ENCLOS URE RIGHT
ELEVATI ON TYPEB1/4" = 1'- 0"
TRAS H ENCLOS URE RIGHT
ELEVATI ON TYPEA1/4" = 1'- 0"
DATE OCT3, 2019PAINTGRADEFINISHOVER
METALSURFACES37 PROJECT
NUMBER EDG#04589COLORSPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "
NO DATE REVISION
DESCRIPTION
M1
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
TRAS
HENCLOS
UREELEVATIONTRASHENCLOSURELEFT
ELEVATI ON TY PEB1/4" = 1'- 0"
TRAS H ENCLOS URE LEFT
ELEVATI ON TYPEA1/4" = 1'- 0"
4 8 A2.
7
29' - 3"
26' - 3"
HIGHEST
PARAPET
LOWERPARAPETSI
GN
SIGNSIGNSIGN
SI
GN C4
C1
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
S1
TIGERC2P
ETROLEUM,
INC
0' - 0"
RETAI L A AND B
FRONT ELEVATION3/16" = 1'- 0"
1
HIGHESTPARAPET
29' - 3"
26' - 3"
LOWERPARAPET
C4
C1
C2C3
S1
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
E-MAIL:
ghann@empiregr.bizRETAILAANDREAR
ELEVATION3/16" = 1'- 0"
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHA
SEAL :
ELDORADO STONE
COASTAL LEDGESTONE 2
S1
C4
29' - 3"
26' - 3"
DATE OCT3,
2019PROJECT
NUMBER EDG#04589DIRECTAPPLIDFINISH
SYSTEMSMOOTHALUMINUMCOMPOSITE
MATERIAL WHITE TROWL 3 PART 7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
NO DATE REVISION
DESCRIPTION
C4 21' - 2"C1ACM
C1DIRECTAPPLID
FINISHSYSTEMSMOOTHTROWL 3
PART 7/8''
STUCCO OVER
METALLATHPROVIDE
CONTROL. JOINTS
ASSHOWN
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
15' - 0"
DESIGNED
BY:
CHECKED
BY:
GHCOLORSPECIFY:
50YY 83/029ICI# A0050 "
NATURAL WHITE "
GHAGC3TRIMDRAWNBY:C2
RETAILA
ANDBELE
VATION
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO
PAINT GRADE FINISH OVER
METAL SURFACESS1COLORSPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "M1 C2C3 A2.4RETAILAANDBSI
DE ELEVATION3/16" = 1'- 0"
NOTE : ALL
SIGNAGE ARE ON
ASEPARATE PERMIT
3
125' -
0"All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
OVERALL
40' -
0"
85' -
0"
6' -
0"
68' -
2"
6' -
0"
36' -
7"
6' -
0"TIGERP
ETROLEUM,
INC
A2.1
2
SEC36"
PULLSECTION
SEC30"
PULLMETERMAIN
CPI 47"
PANELSECTION1
CPI 24"CPI 24"
SECTION 2SECTION3
18605TIER
G56 18485
TIERF11F12 1854 18544
TIER
18544
TIER
1854 18544
TIER
1854 18544
TIER
18544
TIER
F5 G16A 4TIER 4TIER
4TIERFIRERISERF4G17AG21G17MIN. 9' CLR
A.F.F.TG7
F1
F7 (BELOW)F7 (BELOW)
G9EPGR9EB-R9I0N'xS3E0F"AUCETTG5E
3660
F8
F13
OFFICE7' - 6"PREP C7
F3A WALK
INCOOLER
48"48"54"
C8C9C10C12
TG3 TG3
G34
TG1BELOWG7
FRONTFRONTC2C2 C2
BECL5OW C15BELOW C3
G1
TG14A C1 C1 C1
A6BELA7OWG6A SALESAREAA2.1 4
3 A2.1TG10COLD
SHELL
A14
G16
TG4A
CUSTOMER 36"Lx24"
D
36"Lx24"
DSERVICE
AREA
A51
482
SF
A1C7
FILTER
BELA5OWUNISEXUNISEXA4
A10A10AA13(2)
A17
A49BELOW
A12(2)
A13(2)
A13A(
2)WALKINBEAL5OWA3WHIPCREAM Architect of
Record:
A10FRONTA10AA13(2)
A17 FREEZER GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490
A16A
2-HEAD)18604TIER
A178FILTER
CEL: 951-809-7607FAX: 951-696-1443E-MAIL: ghann@empiregr.biz6' -
0"SEAL :
3' -
0"
4' -
9"
8' -
0"
2' -
0"
6' -
0"
2' -
0"
8' -
0"
33' - 4
1/2"
8' -
0"
5' -
4"
6' -
0"
1
5' -
4"
8' -
0"
27' - 2
1/2"
DATE OCT3,
2019PROJECT
NUMBER EDG#04589A2.1 NO DATE REVISION
DESCRIPTION
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
C STORE
ANDQSRFLOORPLANCSTOREANDQSR
ENLARGED FLOORPLAN3/16" = 1'- 0"
1 A1.
1
91' -
0"OVERALL
2' -
0"
87' -
0"
2' -
6"
2' -
0"All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
9' -
3"
2' -
6"
30' -
6"
30' -
6"
2' -
6"
9' -
3"
TIGERP
ETROLEUM,
INC
6
MPDCANOPY87'X47'
3 A2.24,089
S.F.
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
E-MAIL:
ghann@empiregr.bizSEAL :
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTIONCANOPYFLOOR/
ROOFPLAN3/16" = 1'- 0"
1
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
CANOPY
FLOORPLAN
A1.
3
A2.3
10' - 6"
0' -
6"4' -
6"14' -
0"
4' -
6"
8' - 0
1/2"
4' -
6"
35' -
0"
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
1' -
6"
FIRE RISER
ROOM
UNISEX
RESTROOM TIGERP
ETROLEUM,
INC
3' -
0"
3' -
0"
CAR
WASH BAY
1 A2.3.
1
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
E-MAIL:
ghann@empiregr.bizSEAL :
A2.3.
1
2
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
24' -
8"
9' -
10"DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
EXPRESS
CARWASH1' - 6" 4' -
6"
0' -
6"
14' -
0"
4' -
6"
0' -
6"
11' -
0"
EX PRESS CAR WASH
FLOORPLAN3/16" = 1'- 0"
35' -
0"
OVERALL A1.51
4' - 5". 6' - 10"
4' - 10"
28' -
4"
6' - 0 1/2"
4' - 0"
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
FIRERISER
TIGERP
ETROLEUM,
INC
RETAILC40'X40'1,600
S.F.6SCOLD
SHELL
2 A2.5
4' - 5
1/2"3' -
0"13' -
0"
A2.5 3
DRIVE-
THRU
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
A
CUSTOMERSERVING
AREA
40'X80'
3,320
S.F.
38S
E-MAIL:
ghann@empiregr.biz1160
SF SEAL :
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
RETAILC
ANDDRIVE
THRURETAILCAND
DRI VETHRU1/8" = 1'- 0"
1 A1.
9
125' - 0"OVERALL
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
25' -
0"
25' -
0"
25' -
0"
25' -
0"
25' -
0"
A2.4
2
TIGERP
ETROLEUM,
INC
FIRERISER
COLD
SHELL
COLD
SHELL
COLD
SHELL
COLDSHELLCOLD
SHELLRETAIL
A & B25'X40'(
TYP.
OF 5)
5,000
S.F.
20S
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
E-MAIL:
ghann@empiregr.bizSEAL :
4' -
0"
20' -
9"
3' -
0"
22' -
3"
2' -
9"
22' -
0"
3' -
0"
22' -
0"
3' -
0"
20' - 8
1/2"
4' -
0"
1
DATE OCT3,
2019A2.4 PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
RETAI L A
ANDB3/16" =
1'- 0"
DESIGNED
BY:
CHECKED
BY:GH1GHAGDRAWNBY:
RETAILA
ANDB
A1.
7
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
6' - 10" 4' -
10"
28' -
4"
6' - 0 1/2"
4' - 0"
FIRERISER
TIGERP
ETROLEUM,
INCRETAILD40'X60'
2,400
S.F.
10SCOLD
SHELL 1 A2.6
4' -
0"A2.6 2
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
E-MAIL:
ghann@empiregr.bizSEAL :
DRIVE-
THRUD40'X60'
2,520
S.F.
30S
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
3' -
0"
15' -
0"
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
3
RETAILD
ANDDRIVE
THRUD
A2.6
RETAI L D AND
DRI VETHRU1/8" = 1'- 0"
A1.111
A2.7
3
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
5' -
8"
6' -
8"
A2.7
8TIGER5' - 8"
6' -
8"P
ETROLEUM,
INC
A2.7 1
2 A2.7
A2.7 5
6 A2.7
12' -
4"
7 12' -
4"A2.7 4
A2.7
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
TRAS H ENCLOS
URE TY PEA1/4" = 1'- 0"
TRASH ENCLOS
URE TYPEB1/4" = 1'- 0"
1 2 E-MAIL:
ghann@empiregr.bizSEAL :
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTION
DESIGNED
BY:
CHECKED
BY:
GH
GH
AGDRAWNBY:
TRASHENCLOS
UREFLOOR P
LANA1.
13
ELDORADO STONE
COASTAL LEDGESTONE
All ideas, designs and
layouts shownonthesedrawings, including alldocumentsonelectronicmediaarethe
propertyofempiredesigngroup, and are
intended to be usedibconnectionwiththisspecific
project onlyandshallnototherwise be used
for anypurposewhatsoeverwithout the written
consent. andmaynotbereproduced or
used withoutthewrittenpermission of empire
design group.
All rights reserved
S1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DESERT
TRAIL
TIGERP
ETROLEUM,
INC
C1
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO (...)
OVERMETALLATHPROVIDECONTROL.
JOINTS ASSHOWNCOLORSPECIFY:
BIRCHSTONE
C2
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: DARK
BEIGE STUCCO C3
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: MOCHA
C4
Architect of
Record:GREGORY S. HANN,
AIA24861
WASHINGTON AVE.
MURRIETA, CA
92562TEL: 951-696-1490CEL: 951-809-7607FAX: 951-696-1443
ALUMINUM COMPOSITE
MATERIAL WHITE E-MAIL:
ghann@empiregr.bizSEAL :
ACM
DIRECT APPLID FINISH
SYSTEMSMOOTHTROWL3PART7/8'' STUCCO
OVERMETALLATHPROVIDE CONTROL.
JOINTS ASSHOWNCOLORSPECIFY: 50YY
83/029
DATE OCT3,
2019PROJECT
NUMBER EDG#04589NODATEREVISION
DESCRIPTIONICI# A0050 "
NATURAL WHITE "TRIM
PAINT GRADE FINISH OVER
METALSURFACESCOLORSPECIFY #
90BC 41/040ICI#A1963 " ASCOR
BLUE "
DESIGNED
BY:
CHECKED
BY:
GHM1GH
AGDRAWNBY:
MATERIAL
BOARD
A4.
0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold
a Public Hearing on May 28, 2024, at the Lake Elsinore Cultural Center, 183 North Main Street,
Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard,
to consider the following related items:
First Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use Permit
No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and Mountain Commercial
Center): A request by Danny Singh to extend the life of the approved Tentative Tract Map No.
37922 (TTM 37922), Conditional Use Permit No. 2019-19 (CUP 2019-19) and Commercial Design
Review No. 2019-27 (CDR 2019-27) by two years (2) to January 25, 2026. TTM 37922 proposes
to subdivide the 6.07-acre site into six (6) lots ranging in size from 0.66 acres to 1.10 acres. The
remaining 0.44-acre portion of the site will be dedicated for road right-of-way purposes. CUP
2019-19 and CDR 2019-27 propose the development of an approximately 32,695 square foot
SF) commercial retail center that includes a 3,400 SF convenience store with an attached 1,525
SF Quick-Serve Restaurant, a 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two
2) 4,850 SF retail buildings, a 3,320 SF drive-thru restaurant with an attached 1,600 SF retail
building, and a 2,520 SF drive-thru restaurant with an attached 2,400 SF retail building, 170
parking spaces, landscaping, and related site improvements. The project is located at the
northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013, 014, 015, 016,
017, and 018).
Pursuant to CEQA Guidelines Section 15162, no new environmental documentation is necessary
because all potentially significant effects have been adequately analyzed in an earlier
Environmental Impact Report (EIR) (SCH# 2020080538) and none of the conditions described in
Section 15162 exist. EIR (SCH# 2020080538) was certified by the City Council on January 25,
2022. No substantial changes that require major revisions to the EIR exist and no new information
of substantial importance that require revisions to the earlier EIR exist.
On March 12, 2024, at a duly noticed Public Hearing, the Lake Elsinore City Council voted 4-1 to
deny the extension of time request. At the April 9, 2024 City Council Meeting, the City Council
voted 4-1 to rescind its March 12, 2024 decision and schedule the item for a new Public Hearing
on May 28, 2024 to reconsider the extension of time request.
ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to present written
information, express opinions, or otherwise present evidence in the above matters. If you wish to
legally challenge any action taken by the City on the above matter, you may be limited to raising
only those issues you or someone else at the Public Hearing described in this notice, or in written
correspondence delivered to the City prior to or at the Public Hearing. If you require
accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951)
674-3124 ext. 269. All Agenda materials are available for review at City Hall the Friday before the
Public Hearing.
FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham,
Community Development Director, at dabraham@lake-elsinore.org or at (951) 674-3124, ext.
913.
Candice Alvarez, MMC,
City Clerk
EOT 2023-08 - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011668884
FILE NO. 0011668884
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
05/17/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: May 17, 2024.
At: Riverside, California
Signature
California Oregon Washington Wisconsin Michigan Alaska
Litigation Personal Injury Gaming Employment Law Land Use Indian Law Alcohol Licensing
SOLOMON SALTSMAN & JAMIESON
A Partnership of Professional Corporations
426 Culver Boulevard Playa del Rey, CA 90293
Telephone: 310-822-9848 Facsimile: 310-822-3512
Toll Free: 800.405.4222
www.ssjlaw.com
STEPHEN ALLEN JAMIESON
Partner
Email: sjamieson@ssjlaw.com
April 23, 2024
Via Hand Delivery and Email
Mayor and Members of the Lake Elsinore City Council
Lake Elsinore City Hall
130 S Main Street
Lake Elsinore, CA 92530
Re: Extension of Time Request for the Project relative to a Tentative Tract Map No. 37922,
Conditional Use Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake
and Mountain Commercial Center)
Dear Honorable Mayor and Members of the City Council:
You previously received a letter on April 11, 2024, from Lisa Kolieb, an attorney at the Akerman law
firm, on behalf of the Applicant. Please be advised that Solomon, Saltsman & Jamieson (SSJ) and the
undersigned have also been retained by the Applicant on this matter. Akerman and SSJ have been and
will be working together on this matter for the benefit of the Applicant.
In addition to the information provided in that April 11, 2024, letter, the Applicant would like to take
this opportunity to reiterate and confirm their ongoing commitment to the promises previously made
to the community, particularly with regard to providing an Urgent Care or other Health Care Facility
and Postal facility within the Project. The Applicant is aware that this area of the City will particularly
benefit from such services. Please note that all prospective tenants have required grading to be
completed prior to considering and signing Letters of Intent (LOI), and the Applicant has been and will
continue to make their best effort to get this done in the timeliest fashion.
The Applicant shall also provide a direct line of communication (email, text, phone) with designated
members of the Applicant that are empowered to, and will, keep the Councilmembers apprised of status
and progress of the Project, as well as timely respond to requests and suggestions. In that regard the
Applicant will establish monthly or quarterly check-ins with the Councilmembers in whichever way
they would like so that going forward there is no question as to what is happening, and what will
happen, at the Project. Perhaps designated meeting dates and times with Councilmember Johnson (in
that this Project is in her District), and all other Councilmembers who wish periodic updates on such
progress would be acceptable? That will be the Applicant’s responsibility to make this happen going
forward.
The Applicant, therefore, reiterates its request that the Council act to continue the consideration of that
Resolution to a date in the future that will allow further time for the Applicant to ascertain and address
with the community and Councilmembers any concerns, and to in all respects reconsider its March 12,
2024, vote to deny the extension of time.
Mayor and Members of the Lake Elsinore City Council
April 23, 2024
Page 2 of 4
Please also consider, in addition to the previously stated bases for its request, the following additional
reasons:
The Applicant has expended in excess of $4,000,000.00 so far in furtherance of the
application over the last 5 or so years1. Approximately $100,000 of that 4-million-
dollar investment in the community of Lake Elsinore was voluntarily spent in
obtaining a full Environmental Impact Report (EIR) that was requested, not
required, by the City.
That voluntary EIR took approximately 1 year to complete. That EIR
extensively considered and evaluated the impact of this project on the traffic
and the surrounding community members. It fully considered the impact that
the 2 driveways on Lake would have to the health, safety, and welfare of
travelers on that roadway. Indeed, a Traffic Engineer was retained and
provided support for this EIR. The administrative record reflects and confirms
these statements to be accurate. It was on that administrative record, which is
still valid and applicable today, that this Council voted to deny a simple
extension request.
When the application for this extension was filed with the City, city staff was actively
engaged in its further review, and during the 4.5 months that the City took to even get
this application for extension to hearing the staff and this applicant continued to
proceed further.
During this time City staff confirmed that, consistent with the Lake Elsinore
Municipal Code, the Project continued to be compliant with current laws,
standards, and policies. Therefore, there was and is no legal basis to deny the
request for extension of time to allow the Applicant to realize the benefit of
the over $4,000,000 and over 5 years of investment and effort to bring this
already approved benefit to the community.
As with most projects, delays were experienced due to problems in the supply chain
for products necessary to proceed. Ordering and finalizing equipment incurred waiting
periods for everything. For instance, electrical panel (switchgear) had a waiting time
of 12-15 months alone. And that was but one example. There were many others.
Despite these setbacks the Applicant diligently continued to move forward. Deposits
were placed on required equipment.
Concurrently the Applicant continued to secure tenants through brokers. Many
potential tenants, however, were hesitant due to economic conditions due to COVID.
The Applicant continued to persevere.
This 6.07 acre site, long vacant, consists of 7 parcels with uneven terrain which
1 Pre-application submissions were submitted May, 2019. At that time city staff convened and conferred and
expressed support for the Project. Formal Applications for approval were then submitted in 2020, and due to COVID
related delays, were not approved until January 25, 2022. Thereafter the Applicant continued to work diligently to
implement the approvals.
Mayor and Members of the Lake Elsinore City Council
April 23, 2024
Page 3 of 4
required an unusually extensive amount of grading. The site required street and signal
light improvements, and converting current sewer, water, gas, power utilities to
underground. A new connection with Edison entailed a waiting period exceeding eight
months. A retaining wall was needed for this site and the adjoining neighbors were
contacted to arrange for this.
The required land dedication consists of almost 15,000 square feet, and the
value of that land dedication to the City, along with the infrastructure
improvements to benefit the community, equates to almost 1 million dollars
to be paid by, or given by, the Applicant to the City for the benefit of the
community.
The Applicant’s team was in constant contact with City staff during this time. Indeed,
on June 27, 2023, a grading plan, hydrology study, and Water Quality Management
Plan was submitted to the City along with a check for $30,194.54 in city fees. At the
time of acceptance of, and hearing of, the application to extend these submissions were
still being processed by the City.
As you are aware, the Planning Department recommended approval of the extension
request in its staff report and drafted the necessary Resolutions to approve the
extension. What is before you at Tuesday evening’s Council meeting are instead
Resolutions stating conclusions 180 degrees in contradiction to the City’s professional
staff’s findings, and unsupported by the facts.
Despite extensive research therefor, this Applicant has been unable to identify
even a single example of this Council ever previously voting to deny a
reasonable and appropriate request for extension. This makes sense since no
project of this nature and extent in this City in this environment can truly be
expected to do all that needs to be done in a mere 2 years. It is, therefore,
unreasonable, arbitrary, capricious, and discriminatory to deny this extension
request to this Applicant.
In that there were no facts in the open record of the proceedings before the Council that
would even remotely justify a concern on progress, we have submitted a California
Public Records Act (CPRA) request to the City Clerk and the Director of Planning for
all communications of all types (texts, emails, voice mails, social media,
correspondence of all types) with or between City Councilmembers and others relating
to this project. Those CPRA requests were served on the City via email and U.S. Mail
on April 17, 2024. As of the date of this letter the Applicant has not received any
response to those CPRA requests, and without that information it would be
inappropriate to proceed further to sign the Resolutions of denial of the extension
request. For this reason, as well as all others, the Council is respectfully requested to
continue this matter to a later date to allow all information to be exposed and considered
before finalizing the City’s decision to deny extension and thus cause extensive
economic damages to this Applicant.
Mayor and Members of the Lake Elsinore City Council
April 23, 2024
Page 4 of 4
As you are aware, the Project entitlements referenced above were set to expire on Jan 25, 2024.
Prior to the expiration, on October 31, 2023, the Applicant timely submitted a two-year extension
of time request, which was its first extension request. A full 4.5 months later, on March 12, 2024,
the City improvidently and without basis in law or upon any relevant or adequate findings of fact,
voted to deny the extension; and, now a Resolution has been agendized for consideration by this
Council in the meeting tomorrow night, April 23, 2024 to commemorate that vote.2
Please allow me to reiterate that by arbitrarily denying the extension request, the City Council
has created a precedent and environment of uncertainty for developers, which will lead
developers to question the viability and constructability of projects within the City. Denying the
extension of entitlements in reasonable situations such as this is unfair, unjust, unreasonable,
arbitrary, capricious, and not according to law.
Very truly yours,
SOLOMON SALTSMAN & JAMIESON
STEPHEN ALLEN JAMIESON
Licensed in California Michigan and Wisconsin
SAJ/ab
cc:
City Council Members
Jason Simpson, City Manager
Damaris Abraham, Community Development Director
Barbara Leibold, City Attorney
David Mann, Assistant City Attorney
Peter Buffa
Greg Hann, Empire Design Group
Peter Whittingham
Lisa Kolieb, Esq./ The Akerman Law Firm
Applicant
2 In denying the request, the Council failed to, and cannot now, make legally and Constitutionally
compliant legal conclusions or factual findings to support the denial of the extension request.
ab
75807498;2
April 11, 2024
VIA E-MAIL AND U.S. MAIL
Mayor and Members of the Lake Elsinore City Council
Lake Elsinore City Hall
130 S Main Street
Lake Elsinore, CA 92530
Re: Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use
Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and
Mountain Commercial Center)
Dear Honorable Mayor and Members of the City Council:
This firm represents the owners (the "Applicant") of the proposed Lake and Mountain Commercial
Center (the "Project"). The Project entitlements referenced above were set to expire on Jan 25,
2024. Prior to the expiration, on October 31, 2023, the Applicant timely submitted a two-year
extension of time request, which was the first extension request. We are writing to request that
the Council vote to reconsider its March 12, 2024 vote to deny the extension of time request
referenced above for the Project and then to subsequently vote to approve the Applicant's extension
request.. We request these actions for the following reasons:
The Planning Department recommended approval of the extension request and neither the
Planning Department nor the Applicant had any indication that a denial was likely; as a
result, neither the Applicant nor the Planning Department was able to adequately respond
to concerns that came up at the hearing.
In denying the request, the Council failed to, and cannot, make legally adequate Code
compliant statements or findings to support the denial of the extension request.
The Project's entitlements have already been approved and, despite delays, the Applicant
has been diligently moving forward with all submittals necessary to construct and operate
the Project with reasonable reliance on its extension request being approved; the Applicant
has expended significant resources in the form of time, effort and money (approximately
4,000,000.00 so far) in furtherance of the application, which will be lost, and thus denying
the extension request is unjust. This request for extension of time is not legally an
Lisa Kolieb
Akerman LLP
633 West Fifth Street
Suite 6400
Los Angeles, CA 90071
D: 213 533 5947
T: 213 688 9500
F: 213 627 6342
DirF: 213 599 2666
lisa.kolieb@akerman.com
akerman.com
Members of the Lake Elsinore City Council
April 11, 2024
Page 2
75807498;2
opportunity to simply reconsider and deny the Project itself. Yet that is clearly what has
occurred here.
In addition, by denying the extension request, the City Council has created a precedent of
uncertainty for developers, which will lead developers to question the viability and constructability
of projects within the City. Particularly given the delays faced by many developers as a result of
and subsequent to the COVID-19 pandemic, many projects throughout the state are facing delays
and are not able to obtain building permits within 2 years of obtaining entitlements. Denying the
extension of entitlements in reasonable situations such as this is unjust and unreasonable and
creates a dangerous precedent.
THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF THE EXTENSION REQUEST AND
APPLICANTS HAD THE REASONABLE EXPECTATION THAT THE EXTENSION REQUEST WOULD BE
APPROVED.
As you are aware, the Planning Department recommended approval of the extension request in its
staff report and drafted the necessary resolutions to approve the extension. While such extension
requests are technically considered discretionary, it is extremely rare for this Council to deny such
requests. Similar extension requests have been granted by the City for similar projects and in fact,
we are not aware of a single project where the City has denied an extension. Accordingly,
applicants have the reasonable expectation that extension requests will be granted by the City,
unless circumstances have substantially changed since initial approval or if no progress has been
made on the Project. According to the Lake Elsinore Municipal Code, the City Council was meant
to approve the extension as long as the Project "complies with current laws, standards and
policies." Here, the Applicant reasonably relied on precedent for approval of similar extension
requests, since it had been diligently been processing the Project approvals with the City, and since
the Project "complies with current laws, standards and policies."
Our clients were shocked at the Council's denial of their extension request. Had the Applicant or
Planning Department been aware of the possibility that the Project entitlements would not be
extended, they would have addressed any applicable concerns, as well as the delays that it faced,
at the March 12th meeting. The Applicant had been diligently working on the Project since
approval of the entitlements in 2022, expending significant sums of money in furtherance of the
Project and submitting the necessary documentation to the City to obtain approval for construction
of the Project. While the Applicant had experienced some delays, the Applicant had a reasonable
expectation that their extension request would be approved. The Applicant has full intentions to
construct and operate the Project.
Members of the Lake Elsinore City Council
April 11, 2024
Page 3
75807498;2
AT THE HEARING, THE LEGALLY REQUIRED STATEMENTS OR FINDINGS WERE NOT MADE TO
SUPPORT THE DENIAL, AND NO SUCH FACTUAL FINDINGS CAN BE MADE TO SUPPORT
RESOLUTIONS OF DENIAL.
The legal standard for denial of the requests at issue here are solely whether the Project no longer
complied “with current laws, standards and policies.” Any other bases of denial is wholly
reflective of impermissible bias, an abuse of discretion, and results in an unfair hearing. Yet, at the
hearing, neither Planning staff nor any of the Councilmembers made any statements or findings to
indicate that the Project no longer complied with current laws, standards and policies as would
have been required to deny the extension. Nothing has changed in the Project that would make it
so that it no longer complies "with the goals and objectives of the General Plan and the Zoning
District in which the Project is located." Nor did the design change since the City approved it and
agreed that it "complies with the design directives contained in the General Plan and all other
applicable provisions of the Municipal Code.
According to the Lake Elsinore Municipal Code, the City Council was meant to approve the
extension as long as the Project "complies with current laws, standards and policies." At the
hearing, neither Planning staff nor any of the Councilmembers made any statements or findings to
indicate that the Project no longer complies with current laws, standards and policies as would
have been required to deny the extension.
THE APPLICANT HAS BEEN DILIGENTLY WORKING WITH THE CITY AND NEIGHBORS TO OBTAIN
ALL NECESSARY APPROVALS TO CONSTRUCT AND OPERATE THE PROJECT, BUT HAS
EXPERIENCED DELAYS.
By way of background, the Project site consists of an approximately 6.07-acre undeveloped area
and is located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012,
013, 014, 015, 016, 017, and 018). Before this site was purchased, a formal pre-application was
submitted to the city on May 17, 2019. During this process, all city departments convened and
conferred, following which they expressed their support for the Project. Additionally, they noted
that the corner had remained vacant for a long time and that development was warranted in this
particular corner. Upon receiving these comments, the Applicant proceeded to close escrow based
on its good faith trust with the City.
A formal application was submitted in 2020, and due to COVID-related delays, the
final entitlements for the Project were approved on January 25th, 2022. After the entitlements
were approved, the Applicant needed to obtain quotes and bids to develop construction drawings
and to bid out the Project. However, due to delays caused by the pandemic as well as significant
price increases for services, equipment and materials, the Applicant experienced delays in
finalizing its project plans and submitting all necessary documentation to the City. For instance,
electrical panels (switchgear) had a waiting time of 12-15 months, while underground fuel tanks
had a waiting period of 15 months. In addition, after each submittal to the City, the Applicant must
wait for the submittal to be reviewed by the City, which impacts the timeline. Despite
Members of the Lake Elsinore City Council
April 11, 2024
Page 4
75807498;2
these setbacks, the Applicant kept on moving forward. They put down deposits on the required
equipment and kept on working diligently. They even signed a contract with the 76 Fuel Company
for the gas station approved as part of the Project. In addition, efforts were also made to secure
tenants through brokers. However, many tenants were hesitant due to economic conditions at the
time affected by the pandemic.
Furthermore, this 6.07 acre site consists of 7 parcels with uneven terrain which required an
unusual amount of grading. This site requires street and signal light improvement, and converting
current sewer, water, gas, power utilities to underground. A new connection with Edison entailed
a waiting period exceeding eight months. These factors collectively contributed to the complexities
surrounding this Project. A retaining wall was also needed for this site and the adjoining neighbors
were contacted to arrange for this.
At no point did the City indicate that there was any issue with the timeline related to processing
the Project. The Applicant was diligently continuing working on the development of the Project
given its complexities. Both the Architect (Gregory Hann with Empire Design Group) and Civil
engineer were in constant communication with the City while they worked on addressing
comments and concerns by the Planning Department. On June 27, 2023, a grading plan, hydrology
study, and Water Quality Management Plan was submitted along with a check for $30,195.54 for
city processing fees. Both the architect and civil engineer have been working on concluding
addressing comments and concerns by the City Planning Department.
The Applicant has invested a significant amount of time and money in furtherance of the
development of this Project. The expenses amount to approximately $4 million thus far,
encompassing both acquisition and development costs, including professional fees. From the pre-
application phase to the present, the Applicant has diligently met every requirement set forth by
the city, paid all required fees and has continued to move forward with the development of the
Project. It's worth noting that all other cities provide such extensions especially due to COVID
delay.
Some comments indicate that there is confusion regarding the Applicant and its intention to operate
the Project. The Applicant is a local business owner and plans to develop and operate the Project.
The Applicant already operates similar developments in nearby jurisdictions and is an upstanding
member of the community, as evidenced through the letter written by The National Exchange Club
of Tustin, attached hereto as Exhibit A.
Comments made at the hearing indicate that there was disappointment regarding the lack of
outreach by the Applicant within the community. In addition to meetings with individual
community members, the Applicant attended several public community meetings, including one
on July 29, 2021 at the Alberhill Ranch Community Clubhouse and others leading up to the
January 2022 hearing, to discuss the Project. As a result of those meetings, additional conditions
of approval were added to the Project approvals to address security and maintenance concerns. No
additional outreach was required as part of the 2022 Project approvals. To the extent that
Members of the Lake Elsinore City Council
April 11, 2024
Page 5
75807498;2
community members have questions or concerns about the Project, the Applicant would be happy
to meet with them individually or set up a group meeting. Notwithstanding the Applicant’s desire
to continue to meet with the community now, those concerns about what did or did not happen in
2021 and 2022 is not a legally permissible basis to now deny this request for extension in 2024.
The Applicant respectfully contends that the denial of the extension by the City Council members,
without a legally permissible basis, and despite full endorsement from the City Staff, is unjust and
should be reconsidered.
Sincerely,
Lisa Kolieb
Partner
cc: Jason Simpson, City Manager
Damaris Abraham, Community Development Director
Barbara Leibold, City Attorney
David Mann, Assistant City Attorney
Applicant
Stephen Allen Jamieson, Esq./Solomon, Saltsman & Jamieson
Peter Buffa
Greg Hann, Empire Design Group
75807498;2
EXHIBIT A
April 07,2024
To Whom It May Concern:
My name is Mrs. Randi Bernstein. I am the wife of former two- time Mayor Dr. Allan Bernstein
of the city of Tustin, California. I am also the President for the last ten years of The Exchange
Club of Tustin, 501C3 nonprofit. I am writing to offer a glowing reference for Didar “Danny”
Singh as a local business owner (Tustin Field Gas and Food) in Tustin, a philanthropist and
citizen. Didar is a well known and well liked local merchant. He has also supported our club
each year for financial donations to help homeless veterans and homeless children in this
community. Since 2015, he has been a devoted donor to our veterans and any other project we
undertook.
Danny is an asset to any project he is part of. We would endorse his involvement in any
endeavor. He would be an asset to any community he is involved with.
Please do not hesitate to contact me with any questions you may have.
Randi Bernstein, President
Exchange Club of Tustin
13844 Comanche
Tustin Ca 92782
714 606-4320
Damaris Abraham
From:
Sent:
To:
Araceli Jimenez <blueskyaltar@gmail.com>
Wednesday, May 22, 2024 3:40 PM
Candice Alvarez; Robert Magee; Barbara Leibold CC; Brian Tisdale; Damaris Abraham;
David Mann; Joey Mendoza; Jason Simpson; Natasha Johnson; Steve Manos; Timothy J.
Sheridan
Subject:[External]May 28, 2024 Public Hearing to reconsider Extension of Time Request for Lake
and Mountain Commercial Center Project....
Message from external sender. Use Caution.
RE: Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19, and
Commercial Design Review No. 2019-27 (Lake and Mountain Commercial Center)
5 PDF attachments included)
Dear Mayor, Members of the City Council and concerned parties:
I am Araceli Jimenez. My household and I are adjoining neighbors residing over 23 years west of the proposed
Lake and Mountain Commercial Center ( the "Project"), and I have been receiving Public Hearing notices
relating to the Project regularly.
Please note, I receive a daily USPS digest which includes daily images of my articles of mail prior to delivery.
For several years, I have subscribed to USPS informed delivery.
With this said, I never received the Official Notice, the Planning Commission Public Hearing Notice for the
above referenced Extension Request. I was not aware when it was heard and approved by the Planning
Commission.
Question: How many other concerned parties missed out on the notifications? There are plenty of those in
opposition to the Lake and Mountain Commercial Center project and who have submitted verbal/written
comments throughout the previous years to date. I happened to email Ms. Alvarez on a specific request, and she
replied promptly on May 16, 2024. She provided me with my specific request and she also informed me of the
May 28, 2024 City Council Public Hearing to reconsider the Extension of Time Request. Today, Wednesday,
March 22, I did receive the (blue) Official Notice, City Council Public Hearing Notice advising of the May 28,
2024 Public Hearing on the above referenced item.
What happened to the Planning Commission Public Hearing Notice relevant to the Extension Request? I missed
out.
On a different note, I have attached and will refer to the "Letter to Council Requesting Reconsideration.pdf"
the "Letter)
which was previously submitted by Ms. Lisa Kolieb. I reviewed Ms. Kolieb's Letter and in it, I was not able to
find the owners (the "Applicant")
of the proposed Project, meaning there are no names referencing them. Why is that? Well, for this, I have
attached the "Project/Owner Signature Page.pdf". I'm actually confused about the Applicant's name. I know
when I fill out applications I don't use aliases, I use the name on my state identification card. I challenge the
Applicant to show his state identification to identify himself. I feel this is necessary because the printed name
and "signature" read two different names on the Applicant's Project/Owner Signature page. Who is the actual
liable party? Legal names do matter.
1
The Letter also states on page 1, after the third arrow pointing to third "reason":
the Applicant has been diligently moving forward with all submittals necessary to construct and operate the
Project with reasonable reliance on its extension request being approved...."
I have attached the "Amber Whittle and family 28915 Lake Street, Lake Elsinore, 15 year tenant.pdf".
While living adjacent to the Applicant's Project site, I am very aware of the history of tenants on said site. The
Amber Whittle family had lived in a single wide mobile home on the Project site for approximately 15 years
until they were asked to vacate after the Project's initial approval in January 2022. The previously mentioned,
attached pdf includes Mrs. Whittle's written plea, her expressed fear of displacement, which was submitted to
jkirk@lake-elsinore.org on December 21, 2021, at 3:08 PM. I need to make emphasis on said mobile home
located on the Project site because this same structure was completely demolished on December 3, 2022. I have
yet to find any demolition permits for the aforementioned structure. Lake Elsinore City Code enforcement was
notified. Even though the Project's Environmental Impact Report (the "EIR") does not acknowledge the
presence any of structures on the Project site, as it is described as "vacant", please note the lack of submittals to
demolish structures on the Applicant's part. It certainly did not safeguard us from the potential of asbestos
exposure since my household and I live next door. Furthermore, the City's own website states the following
under "Permits Required":
The purpose of obtaining permits is to establish the minimum requirements to safeguard the public health,
safety, and general welfare of the citizens and public of Lake Elsinore. This is achieved through structural
design, means of egress facilities, sanitation, adequate light and ventilation, energy conservation, and safety of
life and property from fire and other hazards.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any
electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the building official and obtain the required permit."
On page 2, under the Letter's subheading in original caps and bold print:
THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF THE EXTENSION REQUEST
AND APPLICANTS HAD THE REASONABLE EXPECTATION THAT THE EXTENSION REQUEST
WOULD BE APPROVED."
The following statement reads:
Accordingly, applicants have the reasonable expectation that extension requests will be granted by the City,
unless circumstances (added bold print intentional)
have substantially changed since initial approval...."
I have included the "Project's Geotechnical Map.pdf" which includes a diagram of the proposed 24 hour gas
station on the "Glen Ivy North Fault Zone" as identified in red across the Project site's geotechnical map
attached.
Here is a list of literally unsteadying circumstances in Lake Elsinore and near neighboring city Corona, their
combined earthquake activity as follows:
4.1 Magnitude on May 1, 2024,
3.2 Magnitude on July 7, 2023,
3.4 Magnitude on September 21, 2020 and
4.0 Magnitude on January 25, 2018.
2
Question: Does the proposed Project include an all inclusive earthquake and hazard insurance bundle for all
residents surrounding the Project that includes a proposed 24 hour gas station on an unpredictable earthquake
fault zone, in a time where the residents are having a very difficult time maintaining homeowner's insurance?
https://www.vvdailypress.com/story/news/2024/05/01/earthquake-shakes-corona-something-bigger-could-
follow/73533378007/
https://www.cbsnews.com/losangeles/news/magnitude-3-2-earthquake-shakes-lake-elsinore/
https://patch.com/california/lakeelsinore-wildomar/earthquake-centered-lake-elsinore-shakes-region
https://temblor.net/earthquake-insights/m4-southern-california-earthquake-highlights-elsinore-faults-
destructive-potential-6179/
At the top of Page 4 of the Letter it reads:
They even signed a contract with the 76 Fuel Company for the gas station approved as part of the Project."
The 76 Fuel Company received numerous concerns on my behalf via U.S. mail, email and I even followed up
with a phone call to make sure my concerns of the "Glen Ivy North Fault Zone" running across the Project site
under the proposed fuel tanks and their very close proximity to my general use water well, in addition, my
spouse's history of Valley Fever infection and the recurrence of the aforementioned disease due to the stirring
up of construction soil/dirt. The 76 Fuel Company's representative, Ms. Sarah, stated that my concerns
generated the following case number 01239521. They were indeed received and forwarded to the Marketing and
Legal teams. The Applicant should have expected pending inquiries.
Page 4, second paragraph of the Letter includes the following statement:
Furthermore, this 6.07 acre site consists of 7 parcels with uneven terrain which required (added underline
intentional)
an unusual amount of grading."
Again, I live adjacent to the Project and to confirm, no grading has taken place, but this puts into perspective
that an "unusual amount" is proposed to be graded. Since my spouse has a history of Valley Fever, which is a
disease caused by a fungus that grows in the soil and dirt in areas of California and the southwestern United
States, there is the risk of this being stirred up during grading due to the potential of construction fugitive
soil/dirt , I give a double emphasis, which could subject my spouse to a recurrence of Valley Fever since he is
already immunocompromised.
I am attaching the "Valley Fever across the street.pdf" which includes a public comment found on the Nextdoor
App from a neighbor across the street whose "dog was diagnosed with Valley Fever in his brain." Animals and
humans are likewise prone to Valley Fever infections. The following is a direct link to the neighbor's Nextdoor
public comment that documents the existence of Valley Fever in the area:
https://nextdoor.com/p/NN8Jz3LK4ZXp?utm_source=share&extras=NjQ4MTk0ODY%3D&utm_campaign=1
710044976829&init_source=other_share
Also Please note, CEQA 15065 (a) (4) states:
The environmental effects of a project will cause substantial adverse effects on human beings, either
directly or indirectly."
Page 4, second paragraph of the Letter also states:
3
This site requires street and signal light improvement, and converting current sewer, water, gas, power utilities
to underground."
The Project's EIR did not acknowledge the existence of my household's general use water well which is within
several feet of the Project site. Given this scenario, there is a real possibility of groundwater contamination due
to the Project site's requirements as outlined above in quotes, and the danger of the operation of a 24 hour
gasoline station and other retail business operating near my water well.
Page 4, second paragraph of the Letter continues to state:
A retaining wall was also needed for this site and the adjoining neighbors were contacted to arrange for this."
My household and I are the adjoining neighbors as referenced above. NO! There are no concessions due to the
numerous posed risks and dangers of this Project not only to my household, but to all surrounding neighbors.
I know for a fact my household and I are not the only ones opposed to the Extension of the Extension of Time
Request for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19, and Commercial Design
Review No. 2019-27 (Lake and Mountain Commercial Center). The Applicant's lack of transparency, the
question of his real identity,
no found record of demolition permits, the lack of basic compassion, empathy for my spouse's history of Valley
Fever since the Applicant's Project activity could subject him to further health complications, the Project's EIR
not acknowledging my household's water well and the health risks associated with this, and the disregard to the
numerous verbal and written oppositions to the Project submitted throughout the previous years to date, I
respectfully ask City Council members to deny the extension based on the numerous perils associated with the
proposed Project.
Sincerely,
Araceli Jimenez
Lake Elsinore - Letter to Council…
Project/Owner Signature Page.pdf
Amber Whittle and family 28915…
4
Project’s Geotechnical Map.pdf
Valley Fever across the street.pdf
5
From:Araceli Jimenez
To:
Subject:
Date:
Robert Magee; Brian Tisdale; Candice Alvarez; Natasha Johnson; Steve Manos; Timothy J. Sheridan
RE: 7 PM, 03-12-2024, City Council public hearing item Lake and Mountain Commercial Center first extension....
Sunday, March 10, 2024 9:46:33 AM
Attachments:Letter to Mr. “Danny Singh”plus additional addressees.pdf
Greetings Mr. Mayor, Mr. Mayor Pro Tem, City Council Members, City Clerk, Associate Planner, and All
Concerned parties,
I hope this email finds you well.
Regarding the "First Extension of Time Request for Tentative Tract Map No.37922, Conditional Use Permit
No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and Mountain Commercial Center): A
request by Danny Singh to extend the life of the approved Tentative Tract Map No. 37922 (TTM 37922),
Conditional Use Permit No. 2019-19 (CUP 2019-19) and Commercial Design Review No. 2019-27 (CDR
2019-27) by two years (2) to January 25, 2026", even though the original above-mentioned project was
approved over two years ago, it continues to be a potential risk not only to my household, but to the
surrounding neighborhoods. Mr. Singh is now seeking an extension which only shows there are questionable
issues with his existing approved project.
The Lake and Mountain Commercial center project includes a gas station on the "Glen Ivy North Fault
Zone" as identified in the project's Geotechnical Map which is found in the pertinent Environmental Impact
Report. Please refer to the previously described attached Geotechnical Map image. This safety issue
continues to be a legitimate concern given the history of the seismic activity in our city of Lake Elsinore,
specifically, on July 7, 2023, we experienced a magnitude 3.2 earthquake, on September 21, 2020, we had a
magnitude 3.4 earthquake, and on January 25, 2018, there was an even greater magnitude 4.0 earthquake.
Please refer to the following documented article links:
By the way, a gas station on an earthquake fault zone remains a looming fire risk scenario, and making
matters worse, existing insurance carriers remain reluctant in offering coverage in our notorious "Very High
Fire Severity Zone" per CAL Fire.)
https://www.cbsnews.com/losangeles/news/magnitude-3-2-earthquake-shakes-lake-elsinore/
https://patch.com/california/lakeelsinore-wildomar/earthquake-centered-lake-elsinore-shakes-region
https://temblor.net/earthquake-insights/m4-southern-california-earthquake-highlights-elsinore-faults-
destructive-potential-6179/
Please refer to the attached letter that was sent to Mr. Danny Singh, the Lake and Mountain Commercial
Center project owner, and additional addressees. The content of the letter includes my household's safety and
health concerns. My general use water well was never acknowledged in the above-mentioned project's EIR
which means there is a potential of groundwater contamination from the constructing and operating of the
project's included gas station and its other retail businesses adjacent to my property. Additionally,
construction fugitive soil is impossible to fully contain and my husband with a history of Valley Fever,
which is a disease caused by a fungus that grows in the soil and dirt, may be subject to a recurrence of
possibly fatal Valley Fever. Does Valley Fever exist in our area? Yes! Unfortunately, pets are also at risk.
Please refer to neighbor Karen Holder's attached Nextdoor public post and the following relevant direct
Nextdoor link which include the statement below:
https://nextdoor.com/p/NN8Jz3LK4ZXp?
utm_source=share&extras=NjQ4MTk0ODY%3D&utm_campaign=1710044976829&init_source=other_share
FYI: My dog was just diagnosed with Valley Fever in his brain. We have spent months, plus more than one
vet, and it was a veterinarian neurologist that finally figured it out. There were several issues like backwards
sneezing, lumps under his chin, a couple of oozing cysts as well as severe vertigo, leaking nose and eyes. It
is fungal and life threatening and people can get it too from the soil which is stirred up by rain and winds. He
has lived here his whole life, almost 7 years, and this past year when it became so much worse. He may not
make it because it has taken so long to figure it out. He is an indoor dog but loves spending time outside. So
just in case you have an animal with any of these weird symptoms...have them test for this."
Mr. Danny Singh's pending request to be presented at Tuesday's, March 12, 2024, City Council public
hearing, has already run its course. I am against his extension request due to the overwhelming health and
safety concerns that have the potential to not only affect our household directly, but also the surrounding
neighborhoods.
I trust you will consider the wellbeing of Lake Elsinore residents as you hear Mr. Singh's extension petition.
I appreciate your attention to this serious matter.
Sincerely,
Araceli Jimenez
External]Tentative Tract Map No. 37922 / Conditional Use Permit No. 2019-19
Cindy Bushner
Tue 3/12/2024 4:32 PM
To:Candice Alvarez <calvarez@Lake-Elsinore.org>
Message from external sender. Use Caution.
Good afternoon,
I am emailing in regard to the project being proposed on the northwest corner of Mountain St. and Lake
St.
My family and I are very concerned about this project being approved. This area is completely residential.
There is no need for a dangerous gas station or any fast food facilities right in the middle of our
neighborhoods. We have plenty of those resources all around us.
Not to mention, the homeless population loitering and defecating in our neighborhoods that are feet
away from the proposed project. As of now, my son can play outside freely, as a child should be able to
do this. Unfortunately if this is approved, it will impact our way of living dramatically. My son already
observes the homeless at all of our surrounding gas stations, stores etc… He is 9 years old and is truly
stressed out with anxiety over not feeling safe to play outside anymore. Why would anyone approve a
gas station with all of its toxins to be blown right into our homes and into our children’s lungs. That
would be completely irresponsible.
Please I ask you to consider all of these factors.
I ask that my email be read into record for item #17.
Sincerely,
Cynthia Bushner
From:
To:
Subject:
Date:
Mary Sullivan
Candice Alvarez; Natasha Johnson
External]Fw: Objection to gas station on Lake and Mountain
Monday, March 11, 2024 9:19:53 AM
Message from external sender. Use Caution.
Reference #17. Please read into record tomorrow night (March 12th)
Sent from AOL on Android
Forwarded Message -----
From: "Mary Sullivan"
To: "NJOHNSON@LAKE-ELSINORE.ORG" <NJOHNSON@LAKE-ELSINORE.ORG>
Sent: Mon, Mar 11, 2024 at 9:07 AM
Subject: Objection to gas station on Lake and Mountain street
Dear council memebers of Lake Elsinore,
I am unable to attend the March 12th meeting at 7pm. Therefore, I am emailing in regards
to the gas station, convenience store, car wash, quick service restaurant that is proposed to
be built on Mountain and Lake Street.
My name is Mary. I am in district 4. I moved into my home on Noblewood street June 15th
2023. I would not have moved into my house if a gas station was directly across from my
house. Here are my concerns.
Drug addicts: I worry about the homeless and drug addicts it would attract. Being so close
to houses, I worry about the wrong kind of people coming into my neighborhood. When I
introduced myself to my neighbor, she told me Lake Elsinore was the "Meth capital of
California." When I go out into our city, I can see what she means. Especially, around gas
stations and convenience stores.
Decrease in Property Value: "Gas stations typically have a negative effect on property
values. They are often considered to be eyesores, and can create noise and air pollution.
Additionally, they can be associated with crime, which can further lower property values."
https://www.lng2019.com/the-impact-of-gas-stations-on-home-value/)
Health Hazards: Gasoline contains benzene. A known carcinogen. "The Department of
Health and Human Services (DHHS) has determined that benzene causes cancer in
humans. Long-term exposure to high levels of benzene in the air can cause leukemia,
cancer of the blood-forming organs. The air around hazardous waste sites or gas stations
can contain higher levels of benzene than in other areas. " (CDC.org) "A recent study
conducted by a team of environmental health scientists from Columbia University’s
Mailman School of Public Health found that many of the nation’s gas stations are leaking
potentially hazardous vapors into the surrounding environment. Gas stations can have a
significantly adverse impact on neighboring housing complexes, especially neighborhoods
with young children. Despite the convoluted array of modern safety and health guidelines
that gas stations must follow, these fossil fuel-selling businesses can emit high levels of
ground-level ozone from gasoline fumes, impact groundwater systems from leaking fuel
tanks, and expose nearby residents to a number of other hazards from other chemicals that
might be used at a fuel station (Scientific American, 2009). " https://fossilfuel.com/is-it-
safe-to-live-near-a-gas-station-scientists-point-to-numerous-health-hazards/
Traffic: Another concern is the traffic it would bring. Lake street going toward Mountain
Street is a one lane street. Cars going in and out of a multi building parking lot are sure to
bring traffic jams to those of us who are just wanting to get home.
I ask you please reconsider putting a gas station and convenience store on the corner of
Mountain and Lake Street.
Thank you for your time,
Mary
Sent from AOL on Android
From:
To:
Peter Sardegna
Candice Alvarez
Subject:
Date:
External]Fw: Opposed Lake and Mountain Commercial Center
Monday, March 11, 2024 7:35:22 PM
Message from external sender. Use Caution.
Hi Candace,
I would like the email below to be read into record.
reference item #17 for tuesday 03/12/2024 city council public hearing.
Thank you and have a great day
Peter Sardegna
Forwarded Message -----
From: Peter Sardegna <psardegna0@yahoo.com>
To: NJOHNSON@LAKE-ELSINORE.ORG <njohnson@lake-elsinore.org>
Cc: JMENDOZA@LAKE-ELSINORE.ORG <jmendoza@lake-elsinore.org>
Sent: Sunday, March 10, 2024 at 01:21:01 PM PDT
Subject: Opposed Lake and Mountain Commercial Center
Hi my name is Peter Sardegna and I live across the street from this property.
Before I state all the facts about how bad gas station are near homes, I would like to
know how this got passed in the first place? Why would we place a gas station in the
middle of a residential community with zero commercial properties remotely near us?
This is one of the few parts of Lake Elsinore that doesn't have high crime and its due
to lack of businesses. All the homeless and drug addicts thrive around all the
commercial properties especially at night and all the residential communities
surrounded by those commercial properties suffer and now you guys are trying to
bring this to our community.
Instead of letting someone who owns a 76 gas station in Orange County and I doubt
lives in Riverside County let alone Lake Elsinore, why aren't our insanely high taxes
used to help the community instead of bring it down. This land could have been a
park, soccer field or playground for the kids in our community.
What our community wants and needs is a gas station at Lake street and 15 fwy
where there is a bunch of open land and zero residential communities.
Below is a snapshot the property for the proposed gas station and across the street is
where I live which is also circled.
adverse health effects:
A 1993 study published by the Canadian petroleum industry found average
benzene concentrations of 146 and 461 parts per billion (ppb) at the gas station
property boundary in summer and winter, respectively.
A 2001 study noted median ambient benzene levels of 1.9 ppb in houses up to 328
feet from a service station.
A 2003-2004 study conducted in France documented a significant relationship
between childhood leukemia and living near a gas station.
A 2010 study conducted in Spain documented elevated air pollution within 100
meters (328 feet) of a gas station.
In 2012, Brazilian researchers found that air quality was significantly degraded up
to 150 meters (492 feet) from gas stations.
In 2005, the California Air Resources Board probably became the first in the U.S. to
recommend a minimum public health safety zone between new gas stations and
sensitive land uses.” The recommendation appeared in Air Quality and Land Use
Handbook: A Community Health Perspective. The pre-2005 studies referenced above
and other research prompted the Board to recommend a minimum 300-foot
separation distance between new gas stations and “sensitive land uses such as
residences, schools, daycare centers, playgrounds, or medical facilities.” The State of
California is widely recognized as having some of the most effective air pollution
control requirements in the nation. Yet even with California controls a minimum
separation is still required to protect public health.
The U.S. Environmental Protection Agency echoed concerns about the health risk
associated with gas station emissions in their School Siting Guidelines. The USEPA
recommended screening school sites for potential health risk when located within
1,000 feet of a gas station.
The last (Zoning) section of this webpage contains a sampling of the public health
safety zones for new gas station adopted by other U.S. jurisdictions. Most call for a
greater separation then the 300 feet recommended by the California Air Resources
Board. The increasing safety zone distances were prompted by the growing body of
research showing that adverse health effects extend further and further from gas
stations. In fact, a 2019 study of U.S. gas stations found that benzene emissions
from underground gasoline storage tank vents were sufficiently high to constitute a
health concern at a distance of up to 524-feet. Also, the researchers noted:
emissions were 10 times higher than estimates used in setback regulations
like that in the California handbook] used to determine how close schools,
playgrounds, and parks can be situated to the facilities [gas stations].”
Prior to the 2019 study it was thought that most of the benzene was released at the
pump during fueling. A 2015 paper noted the following bit of irony with regard to
vapor recovery and harmful emissions from gas station storage tanks:
It is important to note that vapor recovery at the nozzle can cause vapor
releases at the storage tank, because vapors recovered at the nozzle are
typically directed into the storage tank. The storage tank, in turn, can “breathe”
and potentially release recovered vapors immediately or at a later time. A tank
sucks in relatively uncontaminated air as the liquid fuel level drops in the tank
due to vehicle refueling, and it releases vapors through the vent pipe into the
atmosphere if the gas pressure increases and exceeds the cracking pressure of
the pressure/vacuum valve, when fuel evaporates into unequilibrated gas in the
headspace.”
The 2015 paper contained the following summary regarding the health implications
of living, working or learning near a gas station:
Health effects of living near gas stations are not well understood. Adverse
health impacts may be expected to be higher in metropolitan areas that are
densely populated. Particularly affected are residents nearby gas stations who
spend significant amounts of time at home as compared to those who leave
their home for work because of the longer period of exposure. Similarly affected
are individuals who spend time close to a gas station, e.g., in close by
businesses or in the gas station itself. Of particular concern are children who,
for example, live nearby, play nearby, or attend nearby schools, because children
are more vulnerable to hydrocarbon exposure.”
A study published in 2021 documented that adverse health are increased when a
neighborhood is near multiple gas stations.
Idling engines, particularly those in large diesel trucks, emit a large quantity of
particulates into the local atmosphere. These particulates can pose a significant
health risk for those living near convenience store/truck stops.
Control Measures Do Not Resolve Health Threat
The two most common control measures are Stage I and Stage II vapor recovery.
Stage I measures reduce vapor release when gas station underground storage tanks
are being filled by tanker trucks. They do not control releases during the 99% of time
when tanks are not being filled.
Stage II measures reduce vapor releases when you and I are fueling our cars at the
pump. A decade ago most gas pump nozzles were designed to capture vapors
released during refueling. The vapors were then sent to the 10,000- to 20,000-gallon
underground tanks where gasoline is stored. These Stage II vapor recovery systems
were phased out beginning in 2012 as a result of the widespread use of Onboard
Refueling Vapor Recovery (ORVR) systems.
As the name implies, Onboard Refueling Vapor Recovery systems are built into new
cars. The system captures vapors during refueling which are then stored in canisters
within the vehicle. A study published in February, 2020, examined the effectiveness of
Onboard Refueling Vapor Recovery systems. The researchers found that 88% of
vehicles monitored released vapors during refueling despite the presence of Onboard
Refueling Vapor Recovery systems.
While the 2020 study may raise a question about health risks to consumers pumping
gas, a 2021 study found that this was not an issue. The researchers found that
consumers filling their vehicles under normal conditions were not exposed to
sufficient benzene from filling alone to pose a significant health risk. However, the
cumulative effect of benzene released during fueling and from underground storage
tank vents remains a cause for concern for those living, working or learning nearby.
The unfortunate conclusion from these studies is that we cannot rely upon controls
required for new gas stations to resolve the health and safety threat to those who
living in the vicinity of a proposed gas station.
Lighting Impacts
Lighting is essential to convenience store safety and profitability. We’re less likely to
patronize a poorly lit store while criminals find this inviting. But too much lighting and
area residents may suffer glare in their bedrooms or lose their view of the nighttime
sky.
There’s a phenomenon known as ratcheting where one business installs bright lights.
The new lights cause nearby establishments to look darker than before, so they install
brighter lights and on the upward spiral goes. Ratcheting can greatly increase light
trespass impacts to area residents.
Fortunately new LED lights and other approaches can make a convenience store safe
and attractive. The lighting should be fully shielded and follow the latest
recommendations of the Illuminating Engineering Society of North America (IESNA)
along with those of the International Dark-Sky Association.
Noise
All of us who have taken our cars in for service are familiar with the many loud noises
generated by repair facilities. Tire air guns produce a noise level of 104 dBA and the
air chisels used in body shops emits 112 dBA. An accelerating diesel truck emits 114
dBA and even 100 dBA while idling. Make it a late-night or all-night establishment and
you have a use which definitely does not belong near homes.
So how close is too close? CEDS recommends a minimum separation of 300 feet
between homes and late-night/all-night stores. However, a site-specific noise analysis
may show a lesser setback will adequately protect area homes. Such an analysis
should distinguish between rural and urban settings. A nighttime noise level of 55
dBA may be OK in a city or suburb while 45 dBA is more appropriate for rural areas.
How Do Gas Stations Affect Property Value
Do gas stations and convenience stores affect the value of nearby homes? While
there appears to be little independent research into this question, here are a couple of
articles giving an anecdotal indication:
Cemeteries, highways, gas stations: “Here’s what decreases your property value:
Gas stations, railroad tracks, hydro towers, power stations, and industrial areas —
proximity to any of these things definitely won’t help improve your home value,
since they can generate and/or attract odors or other substances that could affect
your air quality.”
10 Industries That Diminish Property Values The Most: “2. Convenience Store With
Gas Station. People will be driving in and out of your intersection, hanging out at
the property, and buying lots of lotto tickets, cigarettes, and beer when they gas up.
Although handy, these shops do nothing to help property values and hurt them
significantly according to Zillow.com. Although the realtors questioned on the site
did not have exact statistics, common sense would show that the increase in
robberies, accidents, traffic and pedestrians would add up to decreased property
value. Still, many gas stations with mini-markets are springing up like wildfire.”
In the past Federal Housing Administration (FHA) insured mortgages were not
available for properties located within 300 feet of tanks capable of storing 1,000
gallons or more of gasoline or other flammable-explosive materials.
River, Lake, Well-Water & Other Aquatic Resource Impacts
Because of the high traffic volume and refueling, convenience stores-gas stations
pose an unusually severe threat to ground and surface waters. Adding vehicle
servicing facilities increases the threat. One study found that contaminant levels in
convenience store-gas station runoff were 5- to 30-times higher when compared to
residential runoff. In another study researchers detected several compounds in
vehicle repair facility runoff which were probable cancer-causing agents. These
findings have prompted a number of states and local governments to list vehicle
repair facilities as stormwater hotspots. USEPA guidance advises caution with regard
to allowing hotspot runoff to infiltrate the soil, particularly in areas where drinking
water is obtained through wells. The use of highly-effective stormwater Best
Management Practices to treat repair facility runoff before it is infiltrated into the soil.
Fuel storage tanks and pipelines pose another source of contamination, though the
design of both has improved dramatically over the past couple of decades. Spillage at
the pump is a more likely source of fuel release into nearby waterways. In fact, Johns
Hopkins University researchers found that an average of 40 gallons of gasoline is
spilled at a typical gas station per year at the pumps. The JHU researchers also found
that a significant portion of the spilled gasoline can migrate through the concrete
pads at many fueling stations.
So how far should a gas station be from a well or surface waters to reduce the
likelihood of contamination to a reasonable level? Well, the key question is actually
how far can one anticipate that a plume of spilled gasoline will travel underground.
One review of scientific studies of plume travel indicated that the 90th percentile
distance is 400 feet. Add another 100 feet for installing grout curtains or other
containment measures and a gas station should be no closer than 500 feet to a well,
wetland, spring, stream, river, pond, lake, reservoir or tidal waters.
Good & Bad Convenience Store-Station Locations
Given the impacts and corrective measures described above, an optimum
convenience store-gas station location would have the following characteristics:
At least 500 feet from the nearest home; or
Buffered so the store cannot be seen or heard from the nearest home;
To preserve public health a minimum if 500 feet from homes and 1,000 feet from
schools;
Not within view of historic resources;
At least 500 feet from wells, springs, streams, reservoirs or other highly sensitive
ground or surface water resources;
3.6 Million Gallons Per Year & 300-Feet Insufficient
References to 3.6 million gallons per year and 300-foot setbacks appear to derive
from the 2005, California Air Resources Board Air Quality and Land Use Handbook: A
Community Health Perspective. Handbook Figure 1-6 below shows how cancer risk
diminishes with distance from a gas station pumping 3.6 million gallons per year.
The research cited above indicates that the most reliable way to protect public health
and safety from benzene and other harmful emissions is to guide new gas stations to
sites where they will be at least 500 feet from residentially zoned properties, schools,
and other locations where people live, learn or work. CEDS research frequently shows
a third to half of potential gas station sites can meet a 500-foot public healthy safety
zone. In other words, adopting this safeguard allows us to gain the benefits of new
gas stations without jeopardizing the health of our neighbors.
Examples of Other Safeguards
Here are examples of other safeguards:
New Hampshire: DES’s rules for the siting of UST (Underground Storage Tank)
systems at new sites include the following setbacks:
500 from public water supplies (PWSs)
250 between gasoline USTs and private wells
75 between any UST and surface water.
Citrus Heights, CA: Distance requirements. No on-sale or off-sale liquor
establishment shall be maintained within 500 feet of any other on-sale or off-sale
liquor establishment, or within 500 feet from the following “consideration points”:
Schools (public or private); Churches or other places of worship; Hospitals, clinics,
or other health care facilities; and 4. Public parks and playgrounds and other
similar uses.
Baltimore County, MD: A finding by the Zoning Commissioner of the presence of
one abandoned fuel service station, as defined in Section 405.3, within a one-half-
mile radius, or two such stations within a one-mile radius of the proposed fuel
service station establishes that there is no need for the proposed use, unless
rebutted to the Zoning Commissioner’s satisfaction by market data.
East St. Louis, Illinois: All new gasoline service stations shall be located and
constructed not less than 300 feet apart, and no new gasoline service station shall
be built unless enclosed in a garage.
Ford Heights, Illinois: It shall be unlawful for any person to locate, build, construct
or maintain any public garage or gasoline filling station, the storage of filling tanks,
pumps or devices of which are used for the purpose of storing, drawing off or
discharging gasoline, oil or other volatile inflammable liquid, within 150 feet of any
school, measured from the nearest point of the tank or filling or discharging device
used in connection therewith, to the nearest point of any such building.
If you’re concerned about a proposed establishment and your local zoning ordinance
lack these safeguards, then consider asking local elected officials for an amendment.
If a convenience store-gas station application has or is about to be submitted then
consider asking that it and all other applications be put on hold while officials study
the best way to update zoning requirements.
Existing Gas Station-Convenience Stores & Reducing Impacts
If you live within a thousand feet of a gas station or your children attend a nearby
school, then consider calling for measures that can reduce impacts.
Closing An Existing Gas Station Near Impossible, But Winning Changes is More
Doable
As you’ve likely guessed, stopping a gas station where construction has started or is
completed is nearly impossible. However, convincing the owner to voluntarily adopt
measures that reduce or even fully resolve neighborhood impacts is easier to
achieve. It’s even possible to convince government agencies to require impact
reduction measures.
Verify That All Permits-Approvals Have Been Issued & Are Being Complied With
If a gas station is under construction then the first step should always be to verify
that all permits and other approvals have been granted. If one or more permits-
approvals are yet to be issued, then it may be possible to get impact reduction
measures added as permit conditions. And there’s always a remote chance that
some unknown fact may emerge that could result in blocking the issuance of a
remaining permit-approval. At the very least, contesting issuance could gain the
leverage needed to convince the owner to implement impact reduction measures.
Examples of Impacts & Reduction Measures
Here are a few examples of impact reduction measures:
Usually the greatest health threat posed by a gas station is the benzene released
to the air from underground fuel storage tank vents and at the pump. Benzene can
increase the risk of cancer for those living, learning or working within 500- to 1,000-
feet. There are measures that can prevent most of the benzene from being
released but they can be expensive costing $60,000 – $100,000 to install and
1,000/year to maintain.
If alcohol will be sold at a gas station-convenience store then this may increase the
likelihood of crime, especially if it is sold as carry-out as opposed to onsite
consumption only. This impact can be reduced by prohibiting alcohol sales or at
least limiting it to beer and wine.
If children pass by a convenience store on their way to and from school then
the junk food sold in the store can add to childhood obesity as well as pose a
respiratory health issue due to tobacco or vape sales.
A gas station can also impact neighborhood residents due to light
trespass, increased fire-explosion danger, noise, loss of property
value, groundwater or aquatic resource impacts, or cause traffic issues.
If you loved this community as much as my family
and I do, you wouldn't approve this property being
built.
Any questions regarding this email do not hesitate to ask.
Peter Sardegna
From:
To:
Cc:
Chhibber Chhibber
Robert Magee; Brian Tisdale; Natasha Johnson; Steve Manos; Timothy J. Sheridan
Candice Alvarez
Subject:[External]City Council public hearing item Lake and Mountain Commercial Center first extension on March 12,
2024
Date:Tuesday, March 12, 2024 3:01:30 PM
Message from external sender. Use Caution.
Mr. Mayor and Council members,
My family and I strongly urge you to deny any extension of Lake and Mountain Commercial
Center .
1. This person has been playing games with you and residents from the very start.
2. There has never been any person with legal name of Danny Singh to begin with. It is
clear that fake name was used to confuse the city officials and local residents.
3. Now he is coming out as Didar Singh. Lord only knows what else you and city residents
have been lied too and/or other plans information withheld of.
4. There is no need to put a gas station on top of earthquake fault zone.
5. Now this person Didar Singh is trying to get a liquor license to be put into this gas
station also under the name of L& M Gas & Food Inc. He applied for this on May 10,
2023. This part of the plan was never disclosed when he was trying to get approval for
gas station from you last year.
This matter is currently awaiting a public hearing by Department of Alcoholic Beverage
Control of California.
6. It will be disaster to subject Rera Cotta Middle school kids whose school is barely two
blocks away from this location to liquor, Tobacco and junk food.
7. Traffic is already a nightmare at this intersection with speeding vehicles. Vehicle go thru
intersection at very high speed and practically every time in red signal.
I am unable to attend this meeting as I am suffering with stage 4 cancer and other
health issues. So, Please do the right thing this time around.
Please do not approve any extensions and put a STOP to this nightmare for
residents.
Thanks,
Rajeev Chhibber
Lake Elsinore, CA 92530
From:
To:
Joey Mendoza
Candice Alvarez
Subject:
Date:
FW: [External]Gas Station project on Mountain & Lake Street.
Tuesday, March 12, 2024 10:55:39 AM
Thanks, Candice.
From: Gina Petaia <>
Sent: Tuesday, March 12, 2024 10:53 AM
To: Natasha Johnson <njohnson@Lake-Elsinore.org>; Joey Mendoza <jmendoza@Lake-Elsinore.org>
Subject: [External]Gas Station project on Mountain & Lake Street.
Message from external sender. Use Caution.
Hello my Name is Virginia,
I am a resident that currently lives in Auburn Lane community. It was brought to my attention that the
empty lot at the corner might be a Gas Station.
My family and I have moved here for almost 4 years now. It took us 2 years to find our forever home. The
city we moved from used to be where we
wanted to spend our lives. As the years went by, so did the changes in the city. Homelessness, drug
addictions, crime and the list goes on. As a
mother, grandmother and the nurturer of our family. How am I suppose to be at ease with a Gas Station
literally across the street? The traffic, noise
and the mixture of people it'll draw towards our community. The fumes of the gas instead of the smell of
fresh cut grass. This project is not in any way
going to help our community thrive. I am protesting against this build and ask that my email be "Read Into
the Record", reference #17.
We would love to continue to live in our quiet community without the stress and uneasy feeling of not
being safe.
Thank you
Sent from Yahoo Mail. Get the app
From:Araceli Jimenez
To:Candice Alvarez; Robert Magee; Barbara Leibold CC; Brian Tisdale; Damaris Abraham; David Mann; Joey Mendoza; Jason Simpson;
Natasha Johnson; Steve Manos; Timothy J. Sheridan
Subject:[External]May 28, 2024 Public Hearing to reconsider Extension of Time Request for Lake and Mountain Commercial Center Project....
Date:Wednesday, May 22, 2024 3:40:00 PM
Message from external sender. Use Caution.
RE: Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19,
and Commercial Design Review No. 2019-27 (Lake and Mountain Commercial Center)
5 PDF attachments included)
Dear Mayor, Members of the City Council and concerned parties:
I am Araceli Jimenez. My household and I are adjoining neighbors residing over 23 years west of the
proposed Lake and Mountain Commercial Center ( the "Project"), and I have been receiving Public Hearing
notices relating to the Project regularly.
Please note, I receive a daily USPS digest which includes daily images of my articles of mail prior to
delivery. For several years, I have subscribed to USPS informed delivery.
With this said, I never received the Official Notice, the Planning Commission Public Hearing Notice for the
above referenced Extension Request. I was not aware when it was heard and approved by the Planning
Commission.
Question: How many other concerned parties missed out on the notifications? There are plenty of those in
opposition to the Lake and Mountain Commercial Center project and who have submitted verbal/written
comments throughout the previous years to date. I happened to email Ms. Alvarez on a specific request, and
she replied promptly on May 16, 2024. She provided me with my specific request and she also informed me
of the May 28, 2024 City Council Public Hearing to reconsider the Extension of Time Request. Today,
Wednesday, March 22, I did receive the (blue) Official Notice, City Council Public Hearing Notice advising
of the May 28, 2024 Public Hearing on the above referenced item.
What happened to the Planning Commission Public Hearing Notice relevant to the Extension Request? I
missed out.
On a different note, I have attached and will refer to the "Letter to Council Requesting Reconsideration.pdf"
the "Letter)
which was previously submitted by Ms. Lisa Kolieb. I reviewed Ms. Kolieb's Letter and in it, I was not able
to find the owners (the "Applicant")
of the proposed Project, meaning there are no names referencing them. Why is that? Well, for this, I have
attached the "Project/Owner Signature Page.pdf". I'm actually confused about the Applicant's name. I know
when I fill out applications I don't use aliases, I use the name on my state identification card. I challenge the
Applicant to show his state identification to identify himself. I feel this is necessary because the printed
name and "signature" read two different names on the Applicant's Project/Owner Signature page. Who is the
actual liable party? Legal names do matter.
The Letter also states on page 1, after the third arrow pointing to third "reason":
the Applicant has been diligently moving forward with all submittals necessary to construct and operate
the Project with reasonable reliance on its extension request being approved...."
I have attached the "Amber Whittle and family 28915 Lake Street, Lake Elsinore, 15 year tenant.pdf".
While living adjacent to the Applicant's Project site, I am very aware of the history of tenants on said site.
The Amber Whittle family had lived in a single wide mobile home on the Project site for approximately 15
years until they were asked to vacate after the Project's initial approval in January 2022. The previously
mentioned, attached pdf includes Mrs. Whittle's written plea, her expressed fear of displacement, which was
submitted to jkirk@lake-elsinore.org on December 21, 2021, at 3:08 PM. I need to make emphasis on said
mobile home located on the Project site because this same structure was completely demolished on
December 3, 2022. I have yet to find any demolition permits for the aforementioned structure. Lake Elsinore
Item No. 16 - Written Communications
City Code enforcement was notified. Even though the Project's Environmental Impact Report (the "EIR")
does not acknowledge the presence any of structures on the Project site, as it is described as "vacant", please
note the lack of submittals to demolish structures on the Applicant's part. It certainly did not safeguard us
from the potential of asbestos exposure since my household and I live next door. Furthermore, the City's own
website states the following under "Permits Required":
The purpose of obtaining permits is to establish the minimum requirements to safeguard the public health,
safety, and general welfare of the citizens and public of Lake Elsinore. This is achieved through structural
design, means of egress facilities, sanitation, adequate light and ventilation, energy conservation, and safety
of life and property from fire and other hazards.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change
the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace
any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the building official and obtain the required
permit."
On page 2, under the Letter's subheading in original caps and bold print:
THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF THE EXTENSION REQUEST
AND APPLICANTS HAD THE REASONABLE EXPECTATION THAT THE EXTENSION REQUEST
WOULD BE APPROVED."
The following statement reads:
Accordingly, applicants have the reasonable expectation that extension requests will be granted by the City,
unless circumstances (added bold print intentional)
have substantially changed since initial approval...."
I have included the "Project's Geotechnical Map.pdf" which includes a diagram of the proposed 24 hour gas
station on the "Glen Ivy North Fault Zone" as identified in red across the Project site's geotechnical map
attached.
Here is a list of literally unsteadying circumstances in Lake Elsinore and near neighboring city Corona, their
combined earthquake activity as follows:
4.1 Magnitude on May 1, 2024,
3.2 Magnitude on July 7, 2023,
3.4 Magnitude on September 21, 2020 and
4.0 Magnitude on January 25, 2018.
Question: Does the proposed Project include an all inclusive earthquake and hazard insurance bundle for all
residents surrounding the Project that includes a proposed 24 hour gas station on an unpredictable earthquake
fault zone, in a time where the residents are having a very difficult time maintaining homeowner's insurance?
https://www.vvdailypress.com/story/news/2024/05/01/earthquake-shakes-corona-something-bigger-could-
follow/73533378007/
https://www.cbsnews.com/losangeles/news/magnitude-3-2-earthquake-shakes-lake-elsinore/
https://patch.com/california/lakeelsinore-wildomar/earthquake-centered-lake-elsinore-shakes-region
https://temblor.net/earthquake-insights/m4-southern-california-earthquake-highlights-elsinore-faults-
destructive-potential-6179/
At the top of Page 4 of the Letter it reads:
They even signed a contract with the 76 Fuel Company for the gas station approved as part of the
Project."
The 76 Fuel Company received numerous concerns on my behalf via U.S. mail, email and I even followed
up with a phone call to make sure my concerns of the "Glen Ivy North Fault Zone" running across the
Project site under the proposed fuel tanks and their very close proximity to my general use water well, in
addition, my spouse's history of Valley Fever infection and the recurrence of the aforementioned disease due
to the stirring up of construction soil/dirt. The 76 Fuel Company's representative, Ms. Sarah, stated that my
concerns generated the following case number 01239521. They were indeed received and forwarded to the
Marketing and Legal teams. The Applicant should have expected pending inquiries.
Page 4, second paragraph of the Letter includes the following statement:
Furthermore, this 6.07 acre site consists of 7 parcels with uneven terrain which required (added underline
intentional)
an unusual amount of grading."
Again, I live adjacent to the Project and to confirm, no grading has taken place, but this puts into perspective
that an "unusual amount" is proposed to be graded. Since my spouse has a history of Valley Fever, which is
a disease caused by a fungus that grows in the soil and dirt in areas of California and the southwestern
United States, there is the risk of this being stirred up during grading due to the potential of construction
fugitive soil/dirt , I give a double emphasis, which could subject my spouse to a recurrence of Valley Fever
since he is already immunocompromised.
I am attaching the "Valley Fever across the street.pdf" which includes a public comment found on the
Nextdoor App from a neighbor across the street whose "dog was diagnosed with Valley Fever in his brain."
Animals and humans are likewise prone to Valley Fever infections. The following is a direct link to the
neighbor's Nextdoor public comment that documents the existence of Valley Fever in the area:
https://nextdoor.com/p/NN8Jz3LK4ZXp?
utm_source=share&extras=NjQ4MTk0ODY%3D&utm_campaign=1710044976829&init_source=other_share
Also Please note, CEQA 15065 (a) (4) states:
The environmental effects of a project will cause substantial adverse effects on human beings, either
directly or indirectly."
Page 4, second paragraph of the Letter also states:
This site requires street and signal light improvement, and converting current sewer, water, gas, power
utilities to underground."
The Project's EIR did not acknowledge the existence of my household's general use water well which is
within several feet of the Project site. Given this scenario, there is a real possibility of
groundwater contamination due to the Project site's requirements as outlined above in quotes, and the
danger of the operation of a 24 hour gasoline station and other retail business operating near my water well.
Page 4, second paragraph of the Letter continues to state:
A retaining wall was also needed for this site and the adjoining neighbors were contacted to arrange for
this."
My household and I are the adjoining neighbors as referenced above. NO! There are no concessions due to
the numerous posed risks and dangers of this Project not only to my household, but to all surrounding
neighbors.
I know for a fact my household and I are not the only ones opposed to the Extension of the Extension of
Time Request for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19, and Commercial
Design Review No. 2019-27 (Lake and Mountain Commercial Center). The Applicant's lack of transparency,
the question of his real identity,
no found record of demolition permits, the lack of basic compassion, empathy for my spouse's history of
Valley Fever since the Applicant's Project activity could subject him to further health complications, the
Project's EIR not acknowledging my household's water well and the health risks associated with this, and the
disregard to the numerous verbal and written oppositions to the Project submitted throughout the previous
From:Yvette Rivas
To:Damaris Abraham; Natasha Johnson; Joey Mendoza; Candice Alvarez
Cc:Yvette Rivas
Subject:[External]Tentative Tract MP No. 37922- Please Vote No
Date:Tuesday, May 28, 2024 4:05:07 PM
Message from external sender. Use Caution.
Good Afternoon All;
I am writing in to you all as a very concerned citizen residing in the Auburn Lane Community here in our beautiful
city of Lake Elsinore, regarding the tentative tract Map No. 37922 and the plans for the corner of Lake and
Mountain St. I am deeply concerned about this commercial gas station development proposed to be built right
across from our community. We are a diverse community of hard-working middle class families and we do not want
our homes to be endangered and devalued by this commercial design. I can’t express to you how unneeded and
unwanted these plans our for our lovely community. These designs bring a dangerous hazard to our community
along with the attraction of mentally ill and drug addicted persons experiencing homelessness just feet from our
doorsteps. Please think about what is best for our city and our little community. There are many children who walk
this area to get to school and will be in danger from the added traffic and congestion. Please vote no on these plans!
Thank you for your time and attention to this matter. I respectfully request for my email to be read into the public
record for this hearing.
Sincerely,
Yvette Rivas
Lake Elsinore, CA 92530
From:Mary Sullivan
To:Candice Alvarez; Natasha Johnson; Damaris Abraham
Subject:[External]Objection to gas station on Mountain and Lake Street
Date:Friday, May 24, 2024 2:32:47 PM
Message from external sender. Use Caution.
Dear council memebers of Lake Elsinore,
I am unable to attend the May 28th meeting at 7pm. Therefore, I am emailing
in regards to the gas station, convenience store, car wash, quick service
restaurant that is proposed to be built on Mountain and Lake Street.
My name is Mary. I am in district 4. I moved into my home on Noblewood
street June 15th 2023. I would not have moved into my house if a gas station
was directly across from my house. Here are my concerns.
Drug addicts: I worry about the homeless and drug addicts it would attract.
Being so close to houses, I worry about the wrong kind of people coming into
my neighborhood. When I introduced myself to my neighbor, she told me
Lake Elsinore was the "Meth capital of California." When I go out into our
city, I can see what she means. Especially, around gas stations and
convenience stores.
Decrease in Property Value: "Gas stations typically have a negative effect on
property values. They are often considered to be eyesores, and can create noise
and air pollution. Additionally, they can be associated with crime, which can
further lower property values." (https://www.lng2019.com/the-impact-of-gas-
stations-on-home-value/)
Health Hazards: Gasoline contains benzene. A known carcinogen. "The
Department of Health and Human Services (DHHS) has determined that
benzene causes cancer in humans. Long-term exposure to high levels of
benzene in the air can cause leukemia, cancer of the blood-forming organs.
The air around hazardous waste sites or gas stations can contain higher levels
of benzene than in other areas. " (CDC.org) "A recent study conducted by a
team of environmental health scientists from Columbia University’s Mailman
School of Public Health found that many of the nation’s gas stations are
leaking potentially hazardous vapors into the surrounding environment. Gas
stations can have a significantly adverse impact on neighboring housing
complexes, especially neighborhoods with young children. Despite the
convoluted array of modern safety and health guidelines that gas stations must
follow, these fossil fuel-selling businesses can emit high levels of ground-level
ozone from gasoline fumes, impact groundwater systems from leaking fuel
tanks, and expose nearby residents to a number of other hazards from other
chemicals that might be used at a fuel station (Scientific American, 2009). "
https://fossilfuel.com/is-it-safe-to-live-near-a-gas-station-scientists-point-to-
numerous-health-hazards/
Traffic: Another concern is the traffic it would bring. Lake street going toward
Mountain Street is a one lane street. Cars going in and out of a multi building
parking lot are sure to bring traffic jams to those of us who are just wanting to
get home. I also worry about cars using our neighborhood for parking or for
speeding around traffic lines while children play in street.
I ask you please reconsider putting a gas station and convenience store on the
corner of Mountain and Lake Street.
Thank you for your time,
Mary
From:Peter Sardegna
To:Natasha Johnson
Cc:Joey Mendoza; Candice Alvarez; Damaris Abraham
Subject:Re: Opposed Lake and Mountain Commercial Center
Date:Monday, May 27, 2024 11:05:54 AM
Good Morning,
I would like this email to be read into record for extension of time request on the
tentative tract map no.37922 on Lake and Mountain street, I do not know the
reference number but its for tomorrow nights hearing 05/28/2024 at 7pm.
A few months ago the owner and his associates were standing on the corner of ginger
root and mountain street so my wife took my son for a walk to ask them about
development on the property, he informed her that the property will have a gas
station, a few different retail spots, carwash and a Starbucks then he followed his
statement with "Because that is what you people like" which is very very rude and hes
assuming that my wife would be 100% sold on this property because it has a
Starbucks.
Then after the hearing on 03/24/2024 which the extension was denied, we found out
there was not going to be a starbucks (not that we care about starbucks) but why is
he lying about what he plans to go on this property?
After the conversation was over between the owner and my wife she felt that he was
an untrustworthy greasy businessman just by some of the comments that he had
made.
While I was attending the city council meeting on 03/24/2024 they had shown
proposed plans for the driveways that would exit and enter the property, two of them
were on lake street which is a two lane road and a down hill which is just asking for an
accident to take place and the third one was directly in front of my house on ginger
root way (shown below) which would turn my neighborhood into a highway since
there isn't a traffic light on orange grove way and lake street my neighborhood will be
the quickest route to getting onto lake street especially if there is a line of cars at the
red light on mountain street waiting to turn onto lake street. which is a concern for me
and a lot of other families since our kids play in the street.
I'm a Foreman pipefitter out of local 582 and used to underground locate, I
understand how to read plan drawings but just looking at that property I can tell they
will have an almost impossible time leveling that land, and since the property isn't that
big with a huge change in elevation for such a short distance I'm sure they will run into
underground utilities that were not caught when they surveyed the land.
I think this guy bought a bad piece of land and is scrambling to try to figure out what
to put on it or how to make it work, which is why its been sitting since 2019 with very
little to show for it and it seems like he's just blowing smoke to us and everyone else
in our community.
Thank you for your time, I truly love this city and my community and don't want to see
it turn to garbage from someone who doesn't live here and doesn't care for this
community only to make money here.
Below is my previous email about my other laundry list of reason why I feel this
property shouldn't be approved.
Any questions regarding this email do not hesitate to ask.
Peter Sardegna
call or text
On Sunday, March 10, 2024 at 01:21:01 PM PDT, Peter Sardegna <psardegna0@yahoo.com> wrote:
Hi my name is Peter Sardegna and I live across the street from this property.
Before I state all the facts about how bad gas station are near homes, I would like to
know how this got passed in the first place? Why would we place a gas station in the
middle of a residential community with zero commercial properties remotely near us?
This is one of the few parts of Lake Elsinore that doesn't have high crime and its due
to lack of businesses. All the homeless and drug addicts thrive around all the
commercial properties especially at night and all the residential communities
surrounded by those commercial properties suffer and now you guys are trying to
bring this to our community.
Instead of letting someone who owns a 76 gas station in Orange County and I doubt
lives in Riverside County let alone Lake Elsinore, why aren't our insanely high taxes
used to help the community instead of bring it down. This land could have been a
park, soccer field or playground for the kids in our community.
What our community wants and needs is a gas station at Lake street and 15 fwy
where there is a bunch of open land and zero residential communities.
Below is a snapshot the property for the proposed gas station and across the street is
where I live which is also circled.
Inline image
Now for the statistical facts about gas stations near residential homes.
Health Effects: Is It Safe to Live Near a Gas Station
A number of compounds injurious to human health are released from gas stations
during vehicle fueling and from underground storage tank vents. These compounds
include: benzene, toluene, ethyl benzene, and xylene (BTEX). Measures to reliably
resolve these adverse health effects are not employed at new gas stations.
Benzene is the gasoline constituent most harmful to human health. Adverse health
effects of benzene include nausea, cancer, anemia, increased susceptibility to
infections, and low birth weight. According to the World Health Organization
Guidelines for Indoor Air Quality there is no safe level for benzene. The following
research documents the extent of benzene releases from gas stations as well as
adverse health effects:
A 1993 study published by the Canadian petroleum industry found average
benzene concentrations of 146 and 461 parts per billion (ppb) at the gas station
property boundary in summer and winter, respectively.
A 2001 study noted median ambient benzene levels of 1.9 ppb in houses up to 328
feet from a service station.
A 2003-2004 study conducted in France documented a significant relationship
between childhood leukemia and living near a gas station.
A 2010 study conducted in Spain documented elevated air pollution within 100
meters (328 feet) of a gas station.
In 2012, Brazilian researchers found that air quality was significantly degraded up
to 150 meters (492 feet) from gas stations.
In 2005, the California Air Resources Board probably became the first in the U.S. to
recommend a minimum public health safety zone between new gas stations and
sensitive land uses.” The recommendation appeared in Air Quality and Land Use
Handbook: A Community Health Perspective. The pre-2005 studies referenced above
and other research prompted the Board to recommend a minimum 300-foot
separation distance between new gas stations and “sensitive land uses such as
residences, schools, daycare centers, playgrounds, or medical facilities.” The State of
California is widely recognized as having some of the most effective air pollution
control requirements in the nation. Yet even with California controls a minimum
separation is still required to protect public health.
The U.S. Environmental Protection Agency echoed concerns about the health risk
associated with gas station emissions in their School Siting Guidelines. The USEPA
recommended screening school sites for potential health risk when located within
1,000 feet of a gas station.
The last (Zoning) section of this webpage contains a sampling of the public health
safety zones for new gas station adopted by other U.S. jurisdictions. Most call for a
greater separation then the 300 feet recommended by the California Air Resources
Board. The increasing safety zone distances were prompted by the growing body of
research showing that adverse health effects extend further and further from gas
stations. In fact, a 2019 study of U.S. gas stations found that benzene emissions from
underground gasoline storage tank vents were sufficiently high to constitute a health
concern at a distance of up to 524-feet. Also, the researchers noted:
emissions were 10 times higher than estimates used in setback regulations
like that in the California handbook] used to determine how close schools,
playgrounds, and parks can be situated to the facilities [gas stations].”
Prior to the 2019 study it was thought that most of the benzene was released at the
pump during fueling. A 2015 paper noted the following bit of irony with regard to vapor
recovery and harmful emissions from gas station storage tanks:
It is important to note that vapor recovery at the nozzle can cause vapor
releases at the storage tank, because vapors recovered at the nozzle are
typically directed into the storage tank. The storage tank, in turn, can “breathe”
and potentially release recovered vapors immediately or at a later time. A tank
sucks in relatively uncontaminated air as the liquid fuel level drops in the tank
due to vehicle refueling, and it releases vapors through the vent pipe into the
atmosphere if the gas pressure increases and exceeds the cracking pressure of
the pressure/vacuum valve, when fuel evaporates into unequilibrated gas in the
headspace.”
The 2015 paper contained the following summary regarding the health implications of
living, working or learning near a gas station:
Health effects of living near gas stations are not well understood. Adverse
health impacts may be expected to be higher in metropolitan areas that are
densely populated. Particularly affected are residents nearby gas stations who
spend significant amounts of time at home as compared to those who leave
their home for work because of the longer period of exposure. Similarly affected
are individuals who spend time close to a gas station, e.g., in close by
businesses or in the gas station itself. Of particular concern are children who, for
example, live nearby, play nearby, or attend nearby schools, because children
are more vulnerable to hydrocarbon exposure.”
A study published in 2021 documented that adverse health are increased when a
neighborhood is near multiple gas stations.
Idling engines, particularly those in large diesel trucks, emit a large quantity of
particulates into the local atmosphere. These particulates can pose a significant
health risk for those living near convenience store/truck stops.
Control Measures Do Not Resolve Health Threat
The two most common control measures are Stage I and Stage II vapor recovery.
Stage I measures reduce vapor release when gas station underground storage tanks
are being filled by tanker trucks. They do not control releases during the 99% of time
when tanks are not being filled.
Stage II measures reduce vapor releases when you and I are fueling our cars at the
pump. A decade ago most gas pump nozzles were designed to capture vapors
released during refueling. The vapors were then sent to the 10,000- to 20,000-gallon
underground tanks where gasoline is stored. These Stage II vapor recovery systems
were phased out beginning in 2012 as a result of the widespread use of Onboard
Refueling Vapor Recovery (ORVR) systems.
As the name implies, Onboard Refueling Vapor Recovery systems are built into new
cars. The system captures vapors during refueling which are then stored in canisters
within the vehicle. A study published in February, 2020, examined the effectiveness of
Onboard Refueling Vapor Recovery systems. The researchers found that 88% of
vehicles monitored released vapors during refueling despite the presence of Onboard
Refueling Vapor Recovery systems.
While the 2020 study may raise a question about health risks to consumers pumping
gas, a 2021 study found that this was not an issue. The researchers found that
consumers filling their vehicles under normal conditions were not exposed to sufficient
benzene from filling alone to pose a significant health risk. However, the cumulative
effect of benzene released during fueling and from underground storage tank
vents remains a cause for concern for those living, working or learning nearby.
The unfortunate conclusion from these studies is that we cannot rely upon controls
required for new gas stations to resolve the health and safety threat to those who
living in the vicinity of a proposed gas station.
Lighting Impacts
Lighting is essential to convenience store safety and profitability. We’re less likely to
patronize a poorly lit store while criminals find this inviting. But too much lighting and
area residents may suffer glare in their bedrooms or lose their view of the nighttime
sky.
There’s a phenomenon known as ratcheting where one business installs bright lights.
The new lights cause nearby establishments to look darker than before, so they install
brighter lights and on the upward spiral goes. Ratcheting can greatly increase light
trespass impacts to area residents.
Fortunately new LED lights and other approaches can make a convenience store safe
and attractive. The lighting should be fully shielded and follow the latest
recommendations of the Illuminating Engineering Society of North America (IESNA)
along with those of the International Dark-Sky Association.
Noise
All of us who have taken our cars in for service are familiar with the many loud noises
generated by repair facilities. Tire air guns produce a noise level of 104 dBA and the
air chisels used in body shops emits 112 dBA. An accelerating diesel truck emits 114
dBA and even 100 dBA while idling. Make it a late-night or all-night establishment and
you have a use which definitely does not belong near homes.
So how close is too close? CEDS recommends a minimum separation of 300 feet
between homes and late-night/all-night stores. However, a site-specific noise analysis
may show a lesser setback will adequately protect area homes. Such an analysis
should distinguish between rural and urban settings. A nighttime noise level of 55 dBA
may be OK in a city or suburb while 45 dBA is more appropriate for rural areas.
How Do Gas Stations Affect Property Value
Do gas stations and convenience stores affect the value of nearby homes? While
there appears to be little independent research into this question, here are a couple of
articles giving an anecdotal indication:
Cemeteries, highways, gas stations: “Here’s what decreases your property value:
Gas stations, railroad tracks, hydro towers, power stations, and industrial areas —
proximity to any of these things definitely won’t help improve your home value,
since they can generate and/or attract odors or other substances that could affect
your air quality.”
10 Industries That Diminish Property Values The Most: “2. Convenience Store With
Gas Station. People will be driving in and out of your intersection, hanging out at
the property, and buying lots of lotto tickets, cigarettes, and beer when they gas up.
Although handy, these shops do nothing to help property values and hurt them
significantly according to Zillow.com. Although the realtors questioned on the site
did not have exact statistics, common sense would show that the increase in
robberies, accidents, traffic and pedestrians would add up to decreased property
value. Still, many gas stations with mini-markets are springing up like wildfire.”
In the past Federal Housing Administration (FHA) insured mortgages were not
available for properties located within 300 feet of tanks capable of storing 1,000
gallons or more of gasoline or other flammable-explosive materials.
River, Lake, Well-Water & Other Aquatic Resource Impacts
Because of the high traffic volume and refueling, convenience stores-gas stations
pose an unusually severe threat to ground and surface waters. Adding vehicle
servicing facilities increases the threat. One study found that contaminant levels in
convenience store-gas station runoff were 5- to 30-times higher when compared to
residential runoff. In another study researchers detected several compounds in
vehicle repair facility runoff which were probable cancer-causing agents. These
findings have prompted a number of states and local governments to list vehicle
repair facilities as stormwater hotspots. USEPA guidance advises caution with regard
to allowing hotspot runoff to infiltrate the soil, particularly in areas where drinking
water is obtained through wells. The use of highly-effective stormwater Best
Management Practices to treat repair facility runoff before it is infiltrated into the soil.
Fuel storage tanks and pipelines pose another source of contamination, though the
design of both has improved dramatically over the past couple of decades. Spillage at
the pump is a more likely source of fuel release into nearby waterways. In fact, Johns
Hopkins University researchers found that an average of 40 gallons of gasoline is
spilled at a typical gas station per year at the pumps. The JHU researchers also found
that a significant portion of the spilled gasoline can migrate through the concrete pads
at many fueling stations.
So how far should a gas station be from a well or surface waters to reduce the
likelihood of contamination to a reasonable level? Well, the key question is actually
how far can one anticipate that a plume of spilled gasoline will travel underground.
One review of scientific studies of plume travel indicated that the 90th percentile
distance is 400 feet. Add another 100 feet for installing grout curtains or other
containment measures and a gas station should be no closer than 500 feet to a well,
wetland, spring, stream, river, pond, lake, reservoir or tidal waters.
Good & Bad Convenience Store-Station Locations
Given the impacts and corrective measures described above, an optimum
convenience store-gas station location would have the following characteristics:
At least 500 feet from the nearest home; or
Buffered so the store cannot be seen or heard from the nearest home;
To preserve public health a minimum if 500 feet from homes and 1,000 feet from
schools;
Not within view of historic resources;
At least 500 feet from wells, springs, streams, reservoirs or other highly sensitive
ground or surface water resources;
3.6 Million Gallons Per Year & 300-Feet Insufficient
References to 3.6 million gallons per year and 300-foot setbacks appear to derive
from the 2005, California Air Resources Board Air Quality and Land Use Handbook:
A Community Health Perspective. Handbook Figure 1-6 below shows how cancer
risk diminishes with distance from a gas station pumping 3.6 million gallons per year.
The relationship shown in the graph above may no longer be valid for the following
reasons. First, a number of studies have been published since 2005. These studies
show that the most harmful compound – benzene – has been detected more than 500
feet from a gas station. Second, California has what are arguably the most
comprehensive gas station air pollution control requirements in the U.S. However, it
has not been proven that these measures resolve the adverse health effects of gas
station benzene emissions.
The following graph is from the California Air Resources Board Gasoline Service
Station Industrywide Risk Assessment Guidelines. This graph is based on the
quantity of gas pumped by most stations – 1 million gallons per year not 3.6. New
gas stations outside of California might have Phase I controls. The graph below
shows that with Phase I controls an unacceptably high risk of increased cancer cases
persists beyond 300 meters (328 feet).
The research cited above indicates that the most reliable way to protect public health
and safety from benzene and other harmful emissions is to guide new gas stations to
sites where they will be at least 500 feet from residentially zoned properties, schools,
and other locations where people live, learn or work. CEDS research frequently
shows a third to half of potential gas station sites can meet a 500-foot public healthy
safety zone. In other words, adopting this safeguard allows us to gain the benefits of
new gas stations without jeopardizing the health of our neighbors.
Examples of Other Safeguards
Here are examples of other safeguards:
New Hampshire: DES’s rules for the siting of UST (Underground Storage Tank) systems at
new sites include the following setbacks:
500 from public water supplies (PWSs)
250 between gasoline USTs and private wells
75 between any UST and surface water.
Citrus Heights, CA: Distance requirements. No on-sale or off-sale liquor establishment
shall be maintained within 500 feet of any other on-sale or off-sale liquor establishment, or
within 500 feet from the following “consideration points”: Schools (public or private);
Churches or other places of worship; Hospitals, clinics, or other health care facilities; and 4.
Public parks and playgrounds and other similar uses.
Baltimore County, MD: A finding by the Zoning Commissioner of the presence of one
abandoned fuel service station, as defined in Section 405.3, within a one-half-mile radius,
or two such stations within a one-mile radius of the proposed fuel service station
establishes that there is no need for the proposed use, unless rebutted to the Zoning
Commissioner’s satisfaction by market data.
East St. Louis, Illinois: All new gasoline service stations shall be located and constructed
not less than 300 feet apart, and no new gasoline service station shall be built unless
enclosed in a garage.
Ford Heights, Illinois: It shall be unlawful for any person to locate, build, construct or
maintain any public garage or gasoline filling station, the storage of filling tanks, pumps or
devices of which are used for the purpose of storing, drawing off or discharging gasoline,
oil or other volatile inflammable liquid, within 150 feet of any school, measured from the
nearest point of the tank or filling or discharging device used in connection therewith, to
the nearest point of any such building.
If you’re concerned about a proposed establishment and your local zoning ordinance
lack these safeguards, then consider asking local elected officials for an amendment.
If a convenience store-gas station application has or is about to be submitted then
consider asking that it and all other applications be put on hold while officials study
the best way to update zoning requirements.
Existing Gas Station-Convenience Stores & Reducing Impacts
If you live within a thousand feet of a gas station or your children attend a nearby
school, then consider calling for measures that can reduce impacts.
Closing An Existing Gas Station Near Impossible, But Winning Changes is More
Doable
As you’ve likely guessed, stopping a gas station where construction has started or is
completed is nearly impossible. However, convincing the owner to voluntarily adopt
measures that reduce or even fully resolve neighborhood impacts is easier to
achieve. It’s even possible to convince government agencies to require impact
reduction measures.
Verify That All Permits-Approvals Have Been Issued & Are Being Complied With
If a gas station is under construction then the first step should always be to verify that
all permits and other approvals have been granted. If one or more permits-approvals
are yet to be issued, then it may be possible to get impact reduction measures added
as permit conditions. And there’s always a remote chance that some unknown fact
may emerge that could result in blocking the issuance of a remaining permit-approval.
At the very least, contesting issuance could gain the leverage needed to convince the
owner to implement impact reduction measures.
Examples of Impacts & Reduction Measures
Here are a few examples of impact reduction measures:
Usually the greatest health threat posed by a gas station is the benzene released
to the air from underground fuel storage tank vents and at the pump. Benzene can
increase the risk of cancer for those living, learning or working within 500- to 1,000-
feet. There are measures that can prevent most of the benzene from being
released but they can be expensive costing $60,000 – $100,000 to install and
1,000/year to maintain.
If alcohol will be sold at a gas station-convenience store then this may increase the
likelihood of crime, especially if it is sold as carry-out as opposed to onsite
consumption only. This impact can be reduced by prohibiting alcohol sales or at
least limiting it to beer and wine.
If children pass by a convenience store on their way to and from school then
the junk food sold in the store can add to childhood obesity as well as pose a
respiratory health issue due to tobacco or vape sales.
A gas station can also impact neighborhood residents due to light
trespass, increased fire-explosion danger, noise, loss of property
value, groundwater or aquatic resource impacts, or cause traffic issues.
If you loved this community as much as my family
and I do, you wouldn't approve this property being
built.
Any questions regarding this email do not hesitate to ask.
Peter Sardegna
External]Tentative Tract Map No. 37922 Conditional Use Permit No. 2019-19
Commercial Design Review No. 2019-27 Lake and Mountain Commercial Center
Cindy Bushner <cindybushner@gmail.com>
Tue 5/28/2024 4:52 PM
To: Natasha Johnson <njohnson@Lake-Elsinore.org>;Joey Mendoza <jmendoza@Lake-Elsinore.org>; Candice Alvarez
calvarez@Lake-Elsinore.org>; Damaris Abraham <dabraham@lake-elsinore.org>
Message from external sender. Use Caution.
To all concerned,
Please note that myself and my family are in opposition of this proposed plan.
I believe that the tentative tract should not be allowed an extension of time, as they are just trying to
avoid paying fees and resubmitting plans again. It seems extreme to request such a large extension.
Clearly, this is not a ideal location for the proposed plan. Nor, is it logical to place this type of
development in the middle of a residential area, surrounded by elementary schools and a middle school.
Thank you for your time and consideration,
Cynthia Bushner
External]Gas Station/commercial properties mountain & lake street
Ashley Gaji <ashley.gaji@icloud.com>
Tue 5/28/2024 5:53 PM
To: Natasha Johnson <njohnson@Lake-Elsinore.org>;Joey Mendoza <jmendoza@Lake-Elsinore.org>; Candice Alvarez
calvarez@Lake-Elsinore.org>; Damaris Abraham <dabraham@lake-elsinore.org>
Message from external sender. Use Caution.
Hi,
I will not be able to make it to the meeting and would like this to be read into the record. I oppose this
plan to add gas station/commercial property. The traffic is already bad and there’s too many people that
run red lights at the intersection. Maybe that should be taken care of first. Also it will bring the homeless
population to the location that I’m not okay. Again I oppose this plan.
Thanks!
Sent from my iPhone