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HomeMy WebLinkAboutPC Reso No 2018-46 (Starbucks, MSHCP)RESOLUTTON NO.201846 A RESOLUTION OF THE PLANNING COMMISSION OF THE C]TY OF LAKE ELSINORE, CALIFORNIA, RECOi'i'ENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PLANNING AppLrcATroN No. 2018-29 (COND|T|ONAL USE PERMTT NO. 20,t8-04 AND coMMER|CAL DESTGN REVTEW NO. 2018-07) lS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY TUIULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHcP) Whereas, Maikel Faragalla, Urban Dwell Architects has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-29 (Conditional Use Permit No. 2018-04 and Commercial Design Review No. 2018-07) for the design and construction a 2,500 sq. ft. Starbucks coffee shop with a drive-through located within the Lake Elsinore Town Center shopping center (Project). The Project site is located on the westerly side of Mission Trail, northerly of Malaga Road, and southerly of Campbell Skeet (APN: 365-280-007); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary poects 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 consistentwith 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 LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, pursuant to Chapter '17.168 (Conditional Use Permits) of the LEMC, the Commission has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on July 17, 2018 al a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMIUTISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: $g!!q[ The Commission has considered the Project and its consistency with the MSHCP prior to recommending that the Council adopt Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission 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 MSHCP Consistency finding before approval. pursuant to the City's MSHCP Resotution, the Project is required to be reviewed for MSHCP consistency, inctuding consistency with other "Plan Wide Requirements." The Proiect site is not tocated within a MSHCP Criteia Celt. Based upon the site reconnaissance survey there PC Reso. No.20'18-46 Page 2 of 3 are no issu.es regarding consistency with the MSCHp's other "ptan wide Requirements.,, Theonly requirement potentially applicabte to the Project were the protection of Specrbs 4 -":9"9t"d with Riparian/Riveine Areas and Vemal Pool Guidetines (Section 6.1.2 of theyp-H9P) and payment of the MSHCP Locat Devetopment Mitigation Fee (Section 4 of theMSHCP Ordinance). 2. The Project is subject to the city's LEAP and the western Riverside county RegionalConservation Authority's (RCA) JpR processes. As stated above, the Proiect is not located within a Criteria Cetl and therefore the project wasnot processed through the City's LEAp and JpR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal pools Guidelines. The Proiect is proposing to develop a drivelhrough coffee shop on a previously distuhed site. The Proiect site has been previousty completely disturbed and graded for the'diieiopment orthe Lake Elsinore Town center shopping center. As such, the Ripaian/Nverine Areas andvernal Pool Guidetines as set forth in seition 6.1.2 of the MSHCp are not appitiaote. 4. The Project is consistent with the protection of Narrow Endemic plant species (NEps) Guidelines. The site does not fall within any NEPS Survey Areas. Neither a habitat assessment nor fuftherfocused surveys are required for the Project. Therefore, Protection of NEps Guidetines asset forth in Section 6.1 .3 of the MSHCp are not appticabie to the project. 5 The Project is consistent with the Additional survey Needs and procedures. r!t9 uslce only requires additionat surueys for certain speiies if the project is located incriteia Area species survey Areas, Amphibian specrbs survey ereas, aurroiiig oit su*"yAre.a.s, and Mammar Spqcies survey Areas of the MSHCp.7n" er6leit iiti is iot tocateawithin any of the Critical Species Survey Areas. Therefore, tne provisions if-usic-i section6.3.2 are not applicable. 6 The Project is consistent with the urbanMirdrands rnterface Guiderines. The Proiect srte rs nol within or adjacent to any MSHCP citeria or conservation areas.Therefore, the urbantwitdlands lnteiace Guidetines of MSHCp section 6.i'.i are notapplicable. 7. The Project is 6onsistent with the Vegetation Mapping requirements. The Proiect is proposing to develop.a drive-through coffee shop on a previousty disturbed site.The Proiect qite has been previoirsly comptetely-disturbed and gradea riini'aiiit6iment ofthe Lake Elsinore Town center s)noppiig center. Tiere are no resources rocatect on theProject site, requiring mapping as set forti in MSHCp Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Proiect s/e ls nof within or adjacent to any MSHCp criteria or conseruation areas.Therefore, the Fuers Management Giidetines of MSHCp section a.l in ioi iipiiitt". 9. The Project will be conditioned to pay the city,s MSHcp Local Development Mitigation Fee. PC Reso. No.2018-46 Page 3 of 3 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 is proposing to develop a dive-through coffee shop on a previously disturbed site. The Project site has been previously completely disturbed and graded for the development of the Lake Elsinore Town Center shopping center. As described above, the Proiect complies with all application MSHCP requirements. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. $99!!4[ This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 1 7th day of July, 2018, by the following vote: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-46 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of July 17, 2018, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and NOES: None ABSENT: None ABSTAIN: None and Chairman Gray Development Director