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HomeMy WebLinkAboutPC Reso No 2017-96 (Popeye's, PA 2017-47< MSHCP)RESOLUTTON NO.2017-96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA" RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA" ADOPT FINDINGS THAT PLANNING APPLTCATTON NO. 201747 (CONDITIONAL USE PERMIT NO. 2017-16 AND coMMERTCAL OESIGN REVIEW NO.2017-r0) lS CONSISTENTWITH 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. 201 7- 16 and Commercial Design Review No. 20'17-10) for the design and construction a 2,500 sq. ft. Popeye's faslfood 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 Western Riverside County Multiple Species Habitat Conservation Plan (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 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 December 5, 2017 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: @!!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. PC Reso. No.2017-96 Page 2 of 3 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 rcconnaissance 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 Poect is subject to the City's LEAP and lhe 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 nof processed through the CW'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 (NEPS) Narrow Endemic Plant Species Guidelines. The site does not fall within any NEPS Survey Areas. Neither a habitat assessment nor fufther focused surueys are required for the Project. Therefore, Protection of NEPS 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 Specles Survey Areas, Amphibian Species Survey Areas, Bunowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Prcject 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 UrbanMildlands lnterface Guidelines. The Project site ,s rlot within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbantWildlands lntertace 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 drivelhrough 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 located on the Project site, requiring mapping as set forff, in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project sife is nol 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. 't0. The Project is consistent with the MSHCP. The project consists adding a second drive-thru lane by removing two (2) parking spaces on a fully developed site. As desqibed above, the project complies with all application MSHCP requirements. Section 3: Based upon all of the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this Sth dayof December,2017, by the following vote: STATE OF CALIFORNIA ) COUNry OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-96 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of December 5, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Armit, and Klaarenbeek; Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: Commissioner Carroll