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HomeMy WebLinkAboutPC Reso No 2018-53 (PA 2018-25, SFR, MSHCP)RESOLUTTON NO.20{8-53 A RESOLUTION OF THE PLANNING COMTUISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOTUITUIENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PLANNING APPLTCATION NO. 2018-25 (CONDIIONAL USE PERmI NO. 2018-02 AND coMMERICAL DESTGN REVTEW NO. 2018-06) lS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY iiULTIPLE SPECIES HABITAT CONSERVATION PLAN (MsHcP) Whereas, Robert Lombardi,4G Development lnc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-25 (Conditional Use Permit No. 2018-02 and Commercial Design Review No. 2018-06) for the demolition of an existing 7,750 sq. ft. Lone Star Steakhouse restaurant and construction a new 4,801 sq. ft. Chick-Fil-A drive- thru restaurant on an approximately 1.14-acre site (Project), The Project site is located easterly of l-15 Freeway, on the southwesterly corner of Dexter Place and Dexter Avenue intersection, more specifically referred to as 18601 Dexter Avenue (APN: 377-080-084); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsrnore 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 '17.1 84 (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 1 7.'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 August 7,2018, at 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 COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: $gg!!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 Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "PIan Wide Requirements." The Project site is not located within a MSHCP Citeria Cell. Based upon the site reconnaissance survey there are no rssues regarding consistency with the MSCHP's other "Plan Wide Requirements." The PC Reso. No.2018-53 Page 2 of 3 only requirement potentially applicable to the Project were the Protection of Specles Associated with Ripaian/Riveine Areas and Vernal Pool Guidetines (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 Rlverside county Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Proiect is not located within a Criteria Celt 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 PAed is proposing to demolish an existing restaurant and replace is with a new one. The Proiect site has been previously completely disturbed and graded forthe devetopment of the existing restaurant. As such, the Ripaian/Riveine Areas and Vemal Pool Guidelines as set forth in Section 6.1 .2 of the MSHCP are not applicabte. 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 assessm ent nor fufther focused surveys are required for the Project. Therefore, Protection of NEPS Guidelines as set fotth 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 suveys for ceftain species if the Project is tocated in Criteia Area Species Survey Areas, Amphibian Species SuNey Areas, Bunowing Owt Suruey Areas, and Mammal specles survey Areas of the MSHCp. The project site ii not located within any of the Critical Species Suruey Areas. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanMildlands lnterface Guidelines. The Prolect sfte ts not within or adjacent to any MSHCP criteria or conseruation areas. Therefore, the UrbanrWildlands lntefface 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 demolish an existing restaurant and replace is with a new one. The Project site has been previousty com&iilety disturbed and graded for the development of the existing restaurant. There are no resources located on the project site, requiing mapping as set fofth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project slte rs not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not appticable. 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. PC Reso. No. 2018-53 Page 3 of 3 10. The Project is consistent with the MSHCP. The Project is proposing to demolish an existing restaurant and replace is with a new one. The Project site has been previously completely disturbed and graded forthe development of the existing restaurant. 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 Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. $g!!q_!U, This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 7m day of August, 2018, by the following vote: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF LAKE ELSINORE ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-53 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of August 7,2018, and that the same was adopted by the following vote: AYES. Commissioner's Gray, Armit and Klaarenbeek; Vice-Chair Carroll and Chairman Ross NOES: None ABSENT: None ABSTAIN: None