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HomeMy WebLinkAboutPC Reso 2023-02 PA 2021-25 MSHCP ConsistentRESOLUTION NO. 2023-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021-25 (CONDITIONAL USE PERMIT NO. 2022-01, CONDITIONAL USE PERMIT NO. 2022-24 AND COMMERCIAL DESIGN REVIEW NO. 2022-01) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN Whereas, Gabriela Marks, Marks Architects, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-25 (Conditional Use Permit No. 2022-01, Conditional Use Permit No. 2022-24, and Commercial Design Review No. 2022-01) to construct and operate two drive-through restaurants (2,646 sq. ft. and 624 sq. ft., respectively) on adjacent parcels in the Ramsgate Specific Plan. The project site is located on the northwest side of Highway 74, southeast of North Frontage Road and bisected by El Toro Cut Off Road in the Ramsgate Specific Plan. (APNs: 347-130-033; 347-130-034; 347-130-035); 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 Section 17.415.070.B of the LEMC, the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying conditional use permit applications, Whereas, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying design review applications; and, Whereas, on February 21, 2023, 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: Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-02 Page 2 of 6 1. The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Approximately 2.42 acres of the project site is located within an MSHCP criteria cell. Pursuant to the City’s MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with “Other Plan Requirements.” These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes. Approximately 2.42 acres of the project site is located in the southern portion of Criteria Cell 4076 within Cell Group X, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2022-02 was submitted to the City on January 12, 2022. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. On October 20, 2021, Cadre Environmental conducted a field survey of the site to determine whether the project site includes riparian/riverine area or vernal pools in accordance with the RCIP definition (Section 6.1.2, Volume I, Final MSHCP). The assessment included a review of historic aerials and soils maps within and immediately adjacent to the Project Site. No vegetation communities representing MSHCP Section 6.1.2 riparian scrub, forest or woodland resources were documented within or adjacent to the Project Site. Vernal pools are depressions in areas where a hard-underground layer prevents rainwater from draining downward into the subsoils. When rain fills the pools in the winter and spring, the water collects and remains in the depressions. In the springtime, the water gradually evaporates away, until the pools became completely dry in the summer and fall. Vernal pools tend to have an impermeable layer that results in ponded water. The soil texture (the amount of sand, silt, and clay particles) typically contains higher amounts of fine silts and clays with lower percolation rates. Pools that retain water for a sufficient length of time will develop hydric cells. Hydric cells form when the soil is saturated from flooding for extended periods of time and anaerobic conditions (lacking oxygen or air) develop. No evidence of vernal pool, ephemeral depressions, stock ponds, road ruts or other wetland features were recorded on the Project Site. DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-02 Page 3 of 6 The Project Site is characterized as Arbuckle gravelly loam, Cieneba rocky sandy loam, Vallecitos loam, Vista coarse sandy loam, and Ysidora gravelly very fine sandy loam possessing well drained substrates (drainage class). No indication of clay substrates or hydric soils were documented within the Project Site. A review of historic aerials was conducted to determine if inundated features were present during years of high rainfall when features would certainly be documented. Historic aerials taken in 2011 represent an ideal baseline during which know (previously documented) inundated vernal pool, ephemeral depressions, stock ponds, road ruts can easily be seen. No sign of indication of inundation was documented within the Project Site during a review of historic aerials. In summary, none of the conditions (i.e., no inundated depressions including road ruts, hydric soils, historic inundation, etc.) were observed on documented within the Project Site. No features are present that would support fairy shrimp. No standing water or other sign of areas that pond water was recorded. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow endemic species, and no NEPSSA surveys are required. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in certain locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3 (Amphibian Species Survey Areas with Criteria Area), Figure 6- 4 (Burrowing Owl Survey Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas With Criteria Area), burrowing owl surveys are required for the subject property prior to approval of a development proposal. The property is not located within survey areas for criteria area species (MSHCP Figure 6-2), amphibian species (MSHCP Figure 6-3), or mammal species (MSHCP Figure 6-5) and surveys for those species are not required. A burrowing owl (Athene cunicularia) habitat assessment was conducted by Cadre Environmental during its October 20, 2021 field survey of the project site. Prior to initiating the assessment survey, Cadre Environmental used binoculars to scan all suitable habitats on and adjacent to the Project Site, including perch locations, to ascertain owl presence. All suitable areas of the Project Site were surveyed on foot by walking slowly and methodically while recording/mapping areas that may represent suitable owl habitat onsite. Concurrent with the initial habitat DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-02 Page 4 of 6 assessment, a detailed focused burrow survey was conducted and included documentation of appropriately sized natural burrows or suitable man-made structures that may be utilized by burrowing owl as part of the MSHCP protocol. No potential burrowing owl burrows (a total of three borrows were documented < 3 inches in diameter) or characteristic sign such as white-wash, feathers, tracks, or pellets were detected within the Project Site. (See Figure 3, Burrowing Owl Survey Area.) The Project Site is not currently occupied by burrowing owl. Regardless, suitable habitat is located adjacent and north of the property and the species could potentially be indirectly impacted as a result of project initiation. Nevertheless, as a mitigation measure for the proposed project, the City of Lake Elsinore will require a pre-construction presence/absence survey for burrowing owl to be conducted within 30 days of the commencement of project-related grading or other land disturbance activities including vegetation clearing, clearing and grubbing, tree removal, or site water, to ensure that the species has not moved onto the site since completion of the surveys. If burrowing owl have colonized the property site prior to the initiation of construction, the Project proponent shall immediately inform the Wildlife Agencies and the RCA, and prepare a Burrowing Owl Protection and Relocation Plan for approval by RCA and the Wildlife Agencies, prior to initiating ground disturbance. Additionally, if ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will again be necessary to ensure burrowing owl have not colonized the site since it was last disturbed. If burrowing owl are found, the same coordination described above will be necessary. Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines that are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. The guidelines in Section 6.1.4 of the MSHCP are intended to address indirect effects associated with development near MSHCP Conserved Areas. Developments in proximity to MSHCP Conserved Areas may result in “edge effects” that might adversely affect biological resources within MSHCP Conserved Areas. Lake Elsinore, which is identified as “Public/Quasi Public (PQP) Conserved Lands” by the MSHCP is located to the north and west of the project site. According to the MSHCP development may occur adjacent to Conservation Areas. Future Development in proximity to Conservation Areas may result in Edge Effects that will adversely affect biological resources within the Conservation Areas. To minimize such Edge Effects, the Project Applicant will be required to follow the Urban/Wildlands Interface Guidelines in Section 6.1.4 of the MSHCP to minimize urban/wildlands interface issues in the nearby Criteria Area. These include measures related to indirect impacts such as water quality (drainage), use of toxics, night lighting, indirect noise, invasive plant and wildlife species, protection DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-02 Page 5 of 6 of habitat areas (barriers), and grading/land development adjacent to habitat areas. The 3.76-acre Project Site impact area is not located adjacent to an existing or proposed MSHCP Conservation Area. Regardless, all applicable proposed Urban/Wildlands Interface guidelines will be implemented for the proposed Project Site impact area. Compliance with all the following MSHCP Urban/Wildlands Interface guidelines will ensure that the proposed project will not result in significant indirect impacts to potential future proposed conservation areas in the northern region of Cell Group X. 7. The Project is consistent with the Vegetation Mapping requirements. On October 20, 2021, Cadre Environmental conducted a field survey of the site. The field survey identified plant and animal species found on the project site. The Project site contains 3.26 acres of disturbed/developed land and 0.50 acres of Riversidean Sage Scrub, as shown on Figure 4. This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP Conservation Area or other undeveloped lands incorporate any fuel/brush management zones and Best Management Practices. The 3.76-acre Project Site impact area is not located adjacent to an existing or proposed MSHCP Conservation Area, is proposed as a non-combustible commercial development, and undeveloped areas adjacent to the Project Site are anticipated to be developed and is therefore not expected to be subject to fuel modification requirements Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. 9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee. The project has been conditioned to pay the City’s MSHCP Local Development Mitigation Fee prior to issuance of building permits for the project. 10. The Project is consistent with the MSHCP. Based on the reasons above, the project is consistent with the MSHCP. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby finds that the project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-02 Page 6 of 6 Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 21st day of February 2023. Matthew Dobler, Chairman Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-02 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held February 21, 2023 and that the same was adopted by the following vote: AYES: Commissioners Klaarenbeek and Peters; Chair Dobler NOES: ABSTAIN: ABSENT: Commissioner Gray; Vice Chair Carroll Damaris Abraham, Interim Assistant Community Development Director DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF