HomeMy WebLinkAboutPC Reso No 2016-42 (McDonald's Drive-thru-MSHCP)RESOLUTION NO. 2016-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING THAT CONDITIONAL USE PERMIT NO.
2016-05 AND COMMERCIAL DESIGN REVIEW AMENDMENT NO. 2016-04
ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECtES HABTTAT CONSERVATTON pLAN (MSHCp)
WHEREAS, Zorah Mariano, Stantec Architecture, lnc. requests approval for the
modification of an existing McDonald's Drivethru Restaurant that will add a second drive-
thru lane ("Project"). The proposed Project is specifically located at 18283 Collier Ave and
is generally located southwest of Collier Avenue and northeast of Central Avenue. (APN:
377-'120-053); and
WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects
within an 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 of Lake
Elsinore adopt consistency findings demonstrating that the proposed discretionary
entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives;
and
WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184
(Design Review) the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and approving, conditionally approving, or
denying to the commercial design review amendment; and
WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing and approving, conditionally approving, or denying a
modification, expansion or other change in a conditional use permit; and
WHEREAS, on June 7,2016, at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
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 Project and its
consistency with the MSHCP prior to recommending that the City Council adopt Findings
of Consistency with the MSHCP.
SECTION 2. That in accordance with the MSHCP, the Planning Commission
makes the following findings for MSHCP consistency:
PLANNING COMMISSION RESOLUTION NO. 2016.42
PAGE 2 OF 4
1. The 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 a MSHCp criteriaCell. Based upon the site reconnaissance survey there are no issues
regarding consistency with the MSCHp's other ,ptan Wide Requirements."
The only requirements potentially applicabte to the project were the
Protection of species Assoclafed with Riparian/Riverine Areas and vernal
Pool Guidelines (Secfion 6.1.2 of the MSHC?) and payment of the MSHCp
Local Development Mitigation Fee (Section 4 of the MSHCp Ordinance) The
Project site is located in a previously developed site, and has no habitat,
including riparian/riverine areas or vernal pools, present on site.
2. The Project is subject to the city's LEAp and the western Riverside county
Regional Conservation Authority's (RCA) Joint project Review 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 a Joint project
Review.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal pools
Guidelines.
The Project consls/s of adding a second dive-thru tane by removing two (2)
parking spaces on a fully developed site. As such, the Riparian/Riverine
Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHC?
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 hablfat assessm ent 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 applicabte to the project.
5. The Project is consistent with the Additional Survey Needs and procedures.
The MSHCP only requires additional surveys for ceftain 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 MSCHP Section 6.3.2 are not
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PLANNING COMMISSION
PAGE 4 OF 4
RESOLUTION NO. 2016.42
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2016-42 as adopted by the Planning Commission of the City
of Lake Elsinore at a regular meeting held on the 7th day of June 2016 and that the same
was adopted by the following vote:
AYES: Chairman Jordan, Vice Chair Armit, Commissioner Gray
and Commissioner Ray
NOES: None
ABSTAIN: None
ABSENT: None
)"
ATTEST:
Justin Ki