The URL can be used to link to this page

Home My WebLink About2021-030 PA 2020-92 & PA 2019-64 MSHCPRESOLUTION NO. 2021-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NOS. 2020-92 AND 2019-64 (GENERAL PLAN AMENDMENT NO. 2020-02, ZONE CHANGE NO. 2020-01, TENTATIVE PARCEL MAP NO. 37958, CONDITIONAL USE PERMIT NO. 2020-09, COMMERCIAL DESIGN REVIEW NO. 2020-08, AND SPECIFIC PLAN AMENDMENT NO. 2020-01) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Ilan Golcheh, Golcheh Group has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-92 (General Plan Amendment No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958, Conditional Use Permit No. 2020-09, and Commercial Design Review No. 2020-08) to construct a commercial project consisting of a 4,650 square foot (s.f.) convenience store, 4,291 s.f. canopy, 38,016 s.f. self-storage facility, 4,456 s.f. drive-thru restaurant, 3,979 s.f. self-serve carwash, 221 parking stalls, and landscaping and related site improvements on a 6.36-acre site (Parcel 1 – PA No. 2020-92). The project is located at the southwest corner of Lincoln Street and Riverside Drive (APN 379‐111‐014); and, Whereas, Denise Williams, Tri Pointe Homes has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-64 (Specific Plan Amendment No. 2020-01) requesting approval of Specific Plan Amendment No. 4 for the Canyon Hills Specific Plan to change the land use designation for the 9.02‐acre site from Neighborhood Commercial (C‐1) to Multifamily 2 Residential District (MF2) (Parcel 2 – PA No. 2019-64). The project site is located at the northeast corner of the intersection of Railroad Canyon Road and Tassel Way (APN: 363-940-011); and, Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the 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 Lake Elsinore Municipal Code (LEMC), Section 17.415.020 (General Plan Amendments), Section 17.415.030 (Specific Plans), Section 17.415.040 (Zoning Amendments), Section 17.415.070 (Conditional Use Permits), Section 17.415.050 (Major Design Review), Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to general plan amendments, specific plan amendments, zone changes, tentative maps, conditional use permits, and design review applications; and, Whereas, on March 16, 2021, 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; and, DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0 CC Reso. No. 2021-30 Page 2 of 4 Whereas, on April 13, 2021 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Council has considered Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 for 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 Council makes the following findings for MSHCP consistency for Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64: 1. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are 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 Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSHCP’s other “Plan Wide Requirements.” The only requirements 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) 6.1.3 (Protection of Narrow Endemic Plant Species), 6.1.4 (Urban Wildlands Interface), 6.3.2 (Additional Survey Needs and Procedures), Appendix C (Standard Best Management Practices), and 7.5.3 (Construction Guidelines), and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site is located in a previously disturbed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site. 2. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are 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 was not required to go through the LEAP and JPR processes. 3. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to a Biological Resources and MSHCP Compliance Report prepared by HDR, Inc. dated May 1, 2020, there are no areas that meet the MSHCP’s definition of riparian/riverine areas or vernal pools that occur on the project site. 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. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project site is not located within the Narrow Endemic Plant Species Survey Areas as shown on Figure 6-1 of the MSHCP. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0 CC Reso. No. 2021-30 Page 3 of 4 5. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Additional Survey Needs and Procedures. The Properties are not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Therefore, the Project is consistent with MSHCP Section 6.3.2. 6. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Urban/Wildlands Interface Guidelines. The project is not located adjacent to any Criteria Cells or Public/Quasi-Public Lands and implementation of MSHCP Section 6.1.4 Guidelines is not required. 7. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Vegetation Mapping requirements. There are no resources located on the Project sites requiring mapping as set forth in MSHCP Section 6.3.1. 8. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable. 9. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee. As a condition of approval, the Projects will be required to pay the City’s MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the MSHCP. The Project sites are not within or adjacent to any MSHCP Criteria Cell or conservation areas. As described above, the Project complies with all applicable MSHCP requirements. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that Parcel 1 – PA No. 2020-92 and Parcel 2 – PA No. 2019-64 are consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of April 2021. Robert E. Magee Mayor DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0 CC Reso. No. 2021-30 Page 4 of 4 Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2021-30 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 13, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0