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HomeMy WebLinkAbout2011-09-27 City Council Item No. 8CITY OF , LADE L LSINORE %`u DRLAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: SEPTEMBER 27, 2011 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2011 -05 — A REQUEST TO MODIFY /UPDATE THE BUILDING ARCHITECTURE AND SITE DESIGN OF THE EXISTING MCDONALD'S DRIVE -THRU RESTAURANT LOCATED AT 31650 MISSION TRAIL (APN: 363- 130 -044) Background The applicant is requesting the approval of Commercial Design Review No. 2011 -05 to update the rectangular shaped building with a more modern architectural style as part of the new corporate image. The update also includes a modification of the existing drive - thru lane and outdoor seating area (approved by CUP No. 2011 -05). Review is pursuant to Chapter 17.112 (Non - Residential Development Standards), Chapter 17.148 (Parking Requirements), Chapter 17.148.060 (Drive Thru Establishments), Chapter 17.168 (Conditional Use Permit) and Chapter 17.184 (Design Review) of the Lake Elsinore General Plan. Discussion The project was presented to the Lake Elsinore Planning Commission on September 6, 2011, for review and consideration. Items for discussion at this meeting included design, landscape and building architecture. The Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council adopt findings that the project is exempt from the MSHCP and approve Commercial Design Review No. 2011 -05. Commercial Design Review No. 2011 -05 September 27, 2011 Page 2 of 2 Fiscal Imaact Ultimately, the proposed project will have a positive fiscal impact to the community and the City by the increase in available jobs and sales tax generated by Commercial Design Review No. 2011 -05. Recommendation 1. Adopt a Resolution No. 2011 - adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and 2. Adopt a Resolution No. 2011 - approving Commercial Design Review No. 2011- 05 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared by: Kirt A. Coury Project Planner Reviewed by: Warren Morelion, AICP Planning Manager Approved by: Robert A. Brady City Manager Attachments: 1. Vicinity Map 2. City Council Resolutions 3. Conditions of Approval 4. Planning Commission Staff Report dated September 6, 2011 5. Project Plans RESOLUTION NO. 2011 -056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS COMMERCIAL DESIGN REVIEW NO. 2011 -05 IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Bickel Underwood Architects (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2011 -05 ( "the Design "), in conjunction with Conditional Use Permit No. 2011 -05, which are collectively referred to herein as the 'Project'; and WHEREAS, the Developer proposes the Project on property located at 31650 Mission Trail, at the northeast corner of Diamond Drive and Mission Trail, and known as Assessor's Parcel No. 363- 130 -044 (the "Site "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by 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 not within an MSHCP 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, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP 'Plan Wide Requirements "; 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 City Council has been delegated with the responsibility making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 27, 2011. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 2 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council 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. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No Riparian /Riverine habitat or Vernal Pools exist on the Site. The project site is completely built out and developed with an existing drive through restaurant. The Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. There are no sensitive plant species or communities that exist on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 3 OF 5 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. In addition, the project site is not located in an area that requires focused and additional surveys under Section 6.3.2 of the MSHCP. Therefore, no further actions are required. 6. The proposed project is consistent with the UrbanANildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. 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 project location and findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED this 27th day of September 2011 ROBERT MAGEE MAYOR PRO TEM ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -056 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of September 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK RESOLUTION NO. 2011- 057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING COMMERCIAL DESIGN REVIEW NO. 2011- 05, FOR THE MODIFICATION OF THE BUILDING ARCHITECTURE AND SITE IMPROVEMENTS FOR THE MCDONALD'S DRIVE -THRU RESTAURANT LOCATED AT 31650 MISSION TRAIL WHEREAS, Bickel Underwood Architects (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2011 -05 ( "the Design "), in conjunction with Conditional Use Permit No. 2011 -05 (the "CUP "), which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Project on property located at 31650 Mission Trail, at the northeast corner of Diamond Drive and Mission Trail, and known as Assessor's Parcel No. 363- 130 -044 (the "Site "); and WHEREAS, the Developer proposes to update the building architecture, drive - thru lane, parking lot and landscaping of the existing McDonald's restaurant at the identified location; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to Design Review of commercial projects; and WHEREAS, notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 27, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2011 -05 for the McDonald's drive -thru restaurant prior to approving. The City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The California Legislature has determined that certain classes of projects do not have a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines "). A Class 3 exemption exists for: "Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use CITY COUNCIL RESOLUTION NO. 2011- 057 PAGE 2 OF 4 to another where only minor modifications are made in the exterior of the structure." The proposed update the building architecture, drive -thru lane, parking lot and landscaping and associated improvements qualify for a Class 3 exemption because they involve the construction of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities. None of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies here. The facilities will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Therefore, the City Council hereby finds and determines that the Project is exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2011 -05: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located at 31650 Mission Trail complies with the goals and objectives of the General Plan, in that the approval of this modification of the existing McDonald's drive -thru restaurant will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at 31650 Mission Trail is appropriate to the site and surrounding developments in that the proposed modification of the existing McDonald's drive -thru restaurant has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in the area, in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. CITY COUNCIL RESOLUTION NO. 2011- 057 PAGE 3OF4 Pursuant to State CEQA Guidelines, the project qualifies as a Class 3 categorical exemption. Accordingly, staff believes the proposed applications implement the land use objectives and requirements of the General Plan and Zoning District and finds that further environmental evaluation is therefore, unnecessary. 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on September 27, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the City Council hereby approves Commercial Design Review No. 2011 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 27th day of September, 2011. ROBERT MAGEE MAYOR PRO TEM ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION NO. 2011- 057 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -057 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of September 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK