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Home My WebLink AboutPC Reso No 2010-011RESOLUTION NO. PC- 2010 -11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS THE WALGREENS DRUGSTORE IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, David and Yael McDowell, PHD Group LLC, filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2009- 07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11 (the "Project') for the design and construction of a 13,678 square foot Walgreens drugstore with and associated pharmacy drive -up window on a 1.36 acre site located at 31718 Mission Trail and known as Assessor's Parcel No. 363 - 150 -035 & 036, (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ('RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP `Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 6, 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to PLANNING COMMISSION RESOLUTION NO. 2010 -11 PAGE 2 OF 5 recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other `Plan Wide Requirements" The project site is not located within an MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines, Section 6.1.3 Protection of Narrow Endemic Plant Species Guidelines, Section 6.1.4 Urban/Wildlands Interface Guidelines, Section 6.3.1 Vegetation Mapping Guidelines, Section 6.3.2 Critical Area Species Survey Area Guidelines and Section 6.4 Fuels Management Guidelines. The majority of the project site was previously developed with a fast food restaurant that will be fully demolished in association with the project. The remainder of the project site is undeveloped. No habitat is present on this portion of the site. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No riverine /riparian areas or vernal pools are present on the undeveloped portion of the project site. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plan Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. PLANNING COMMISSION RESOLUTION NO. 2010 -11 PAGE 3 OF 5 Per MSHCP requirements, the project is subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the undeveloped portion of the project site is subject to Burrowing Owl surveys. The City conducted a habitat suitability assessment for Burrowing Owl. There is no vegetation on the site and the soils are highly disturbed. Due to the nature of the disked soils and lack of debris or appropriate sized rodent holes, the site would be considered unsuitable for Burrowing Owls. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Project site has either been previously developed or is surrounded by existing development and graded. Therefore, Urban/Wildland Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No further action regarding this Section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The proposed project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolutions approving Commercial Design Review No. 2009 -07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2010-11 PAGE 4OF5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 6th day of April 2010. ny Flores, Chairman of Lake Elsinore ATTEST: vC m Weiner irector of Commu ty Development PLANNING COMMISSION RESOLUTION NO. 2010 -11 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -11 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of April, 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE - CHAIRMAN GONZALES, COMMISSIONER MENDOZA, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE om Weiner Director of Commune y Development