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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 :aloA 6urrrrrollol aqg,tq '9;97 aun1lo Iep ql/ slrll OjldOOV ONV OSAOUddV,O3SSVd 'uorldope pue abessed su lo olep aq) ieue pue Lxorl lco#e alel lleqs uorlnlosau srqf .? 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