HomeMy WebLinkAboutResolution 2021-06 PA 2020-92 & PA 2019-64 MSHCP (1)RESOLUTION NO. 2021-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF 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 a specific plan amendment 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, Section IV (D) of the City of Lake Elsinore’s MSHCP Implementing Resolution
expressly exempts from the MSHCP, any project for which and to the extent that vested rights to
proceed with the project notwithstanding the enactment of this Resolution exist under the common
laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a
development agreement pursuant to Government Code section 65864 et seq., or other
instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject
to this exemption must comply with all provisions of any applicable state and federal law; 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
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Review), and Chapter 16.24 (Tentative Map) 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.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That in accordance with the LEMC and the MSHCP, the Planning Commission
finds that:
Parcel 2 – PA No. 2019-64 is exempt from the City’s MSHCP Resolution by virtue of vested
rights. On July 9, 1990, the City and Pardee-Grossman/Cottonwood Canyon entered into that
certain development agreement (the “Development Agreement”), which expressly exempted
the Developer from responsibility for any new development impact fees. The Development
Agreement was amended by Amendment No. 1 dated January 12, 2010, approved by
Ordinance No. 1270 which extends the project’s exemption from MSHCP requirements.
Even though the Project is exempt from the MSHCP, the Developer must comply with other
state and federal laws. Consistent with federal law, the applicant had prepared a project-
specific Habitat Conservation Plan and has a history of extensive coordination with the wildlife
agencies. Where approved for development, the project site has already been graded,
cleared, or developed in accordance with the Project HCP. Given the foregoing, no further
action regarding the MSHCP is required for Parcel 2 – PA No. 2019-64.
Section 2: The Commission has considered Parcel 1 – PA No. 2020-92 and its
consistency with the MSHCP prior to recommending that the Council adopt Findings of
Consistency with the MSHCP.
Section 3: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency for Parcel 1 – PA No. 2020-92:
1. The Parcel 1 – PA No. 2020-92 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 “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.
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2. The Parcel 1 – PA No. 2020-92 is subject to the City’s LEAP and the Western Riverside
County Regional Conservation Authority’s (RCA) Joint Project Review processes.
As stated above, the Parcel 1 – PA No. 2020-92 is not located within a Criteria Cell and
therefore was not required to go through the LEAP and JPR processes.
3. The Parcel 1 – PA No. 2020-92 is 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. The Parcel 1 – PA No. 2020-92 is 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
5. The Parcel 1 – PA No. 2020-92 is consistent with the Additional Survey Needs and
Procedures.
The Property is 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. The Parcel 1 – PA No. 2020-92 is 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. The Parcel 1 – PA No. 2020-92 is consistent with the Vegetation Mapping requirements.
There are no resources located on the Project site requiring mapping as set forth in MSHCP
Section 6.3.1.
8. The Parcel 1 – PA No. 2020-92 is 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. The Parcel 1 – PA No. 2020-92 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.
10. The Parcel 1 – PA No. 2020-92 is consistent with the MSHCP.
The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
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As described above, the Project complies with all applicable MSHCP requirements.
Section 4: Based upon the evidence presented, both written and testimonial, and the above
findings, the Commission hereby recommends that the Council find that Parcel 1 – PA No. 2020-
92 is consistent with the MSHCP.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, on the 16th day of March 2021.
____________________________
John Gray
Vice Chair
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021-06 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on March 16, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, Dobler and Peters; and Vice Chair Gray
NOES: None
ABSENT: Chair Klaarenbeek
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
FOR:
FOR:
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