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Home My WebLink AboutCC Reso No 2018-001 Planning Application No. 2017-47 consistent with MSHCPRESOLUTION NO. 2018-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017-47 (COMMERCIAL DESIGN REVIEW NO. 2017-10) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Don Howells, RAF Pacifica Group has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-47 (Conditional Use Permit No. 2017- 16 and Commercial Design Review No. 2017-10) for the design and construction of a 2,500 -sq. ft. Popeye's fast-food restaurant with a drive-through located within the Lake Elsinore Marketplace shopping center (Project). The Project is located at the northwesterly corner of Central Avenue and Cambern Avenue (APN: 377-040-034); and, Whereas, Section 6.0 of the MSHCP requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Chapter 17.184 (Design Review) of the Lake Elsinore Marketplace shopping center, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, on December 5, 2017, at a duly'noticed Public Hearing the Commission has considered evidence presented by the Community Development Department (CDD) and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code, the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for design review applications; and, Whereas, on January 9, 2018, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as evidence presented by the CDD and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an Reso. No. 2018-001 Page 2 of 4 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 a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirement potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is proposing to develop a drive-through restaurant on a previously disturbed site. The Project site has been previously completely disturbed and graded for the development of the Lake Elsinore Marketplace shopping center. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The 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 Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is proposing to develop a drive-through restaurant on a previously disturbed site. The Project site has been previously completely disturbed and graded for the development of the Lake Elsinore Marketplace shopping center. There are no resources Reso. No. 2018-001 Page 3 of 4 located on the Project site, requiring mapping as set forth in MSHCP Section 6.3.1. 8. The 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. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. The project consists adding a second drive-thru lane by removing two parking spaces on a fully developed site. As described above, the project complies with all application MSHCP requirements. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 9th day of January, 2018. Attest: 1 "OZ Susan M. Domen, MMC City Clerk Reso. No. 2018-001 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-001 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 9, 2018, and that the same was adopted by the following vote: AYES: Council Members Tisdale and Magee; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None LZ Susan M. Domen, MM - City Clerk