HomeMy WebLinkAboutResolution 2020-03 PA 2019-45 (CUP 2019-11 CDR 2019-17 & TPM 2019-04 - 37751) MSHCP Consistent
RESOLUTION NO. 2020-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT
PLANNING APPLICATION NO. 2019-45 (CONDITIONAL USE PERMIT NO. 2019-
11, COMMERCIAL DESIGN REVIEW NO. 2019-17 AND TENTATIVE PARCEL
MAP NO. 2019-04 - 37751) IS CONSISTENT WITH THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Rod Fermin of Boos Development, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2019-45 (Conditional Use Permit
No. 2019-11, Commercial Design Review No. 2019-17 and Tentative Parcel Map No. 2019-04 -
37751). The Project site consists of six lots totaling 0.88 acres (38,432 SF) and is located on the
east side of Main Street between Flint Street and the I-15 Freeway southbound onramp and
includes Assessor Parcel Numbers (APNs) 377-243-002, 003, 004, 005, 006 and 007; and,
Whereas, Conditional Use Permit No. 2019-11 and Commercial Design Review No. 2019-
17 are proposing to establish a new commercial facility consisting of eight (8) gasoline dispensing
stations with a 5,054 square foot (SF) canopy, a 3,200 SF convenience store with concurrent sale
of alcoholic beverages (Type 21 ABC), and a 1,125 SF automated carwash on a 0.88 acre site.
The Project will provide 16 total vehicular parking spaces including 1 ADA space, and vehicle
access will be provided with two driveway off Main Street 36 feet in width; and,
Whereas, the Project site is within the MSHCP Elsinore Area Plan, Subunit 3 (Elsinore).
The proposed project site does not lie within any Criteria Cells; and,
Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Section 17.415.050
(Major Design Review) and Section 16.24 (Tentative Map) of the Lake Elsinore Municipal Code
(LEMC), the Planning Commission (Commission) has been delegated with the responsibility of
making recommendations to the City Council (Council) pertaining to conditional use permits,
design reviews and tentative parcel maps; and,
Whereas, on February 4, 2020 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 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.
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The Property is not 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 not subject to the City’s LEAP and the County’s Joint Project Review (JPR)
processes.
The project site (0.88 acres) is not located within any MSHCP Criteria Cells.
The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The property was assessed for the presence of Riparian/Riverine and Vernal Pool habitats
through an on-site evaluation. No rivers, streams, or other watercourses (or vegetation
associated with these features) were observed on the project site. The closest riparian
vegetation is located in a flood-control channel approximately ¼ mile west (Temescal
Wash) of the Project site. No drainages, waterbodies, or other water resources under the
regulatory authority of the United States Army Corps of Engineers (USACE), the California
Department of Fish and Wildlife (CDFW) or the Regional Water Quality Control Board
(RWQCB) were observed in the project area.
No basins, ponds, or obvious depressional features were observed on the Project site.
The site is vacant except for one small single-family residence that will be demolished.
There are no trees, plants or shrubs onsite, only scattered weeds.
The proposed Project will not directly impact riparian bird species (least Bell’s vireo,
southwestern willow flycatcher, and western yellow-billed cuckoo) because the project will
not result in the removal of the habitat for these species. These activities are not expected
to impact species in Temescal Wash since it is approximately ¼ mile from project activities.
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.
3. 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.
4. 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. There are no additional survey needs and procedures for the project site
pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3
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(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 and surveys for Criteria Area species. Therefore, for MSHCP
consistency, additional focused rare plant surveys for these species are required.
The property is not within a Criteria Area Species Survey Area (CASSA), and CASSA
surveys are not required. It is also not within survey areas for amphibian species (MSHCP
Figure 6-3) burrowing owls (Figure 6-4) or mammal species (MSHCP Figure 6-5) and
surveys for those species are not required. Therefore, the subject project is consistent with
the Additional Survey Needs and Procedures of the MSHCP.
5. 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 Project site is not immediately adjacent to a defined MSHCP
Conservation Area and thus does not pose a risk of causing direct or indirect effects to
any defined MSHCP Conservation Areas. The closest riparian vegetation is located in a
flood-control channel approximately ¼ mile to the west of the project site.
Indirect impacts, often called “edge effects”, are those that affect the quality of nearby
wildlife habitat resulting from disturbance by construction (such as noise, dust, and urban
pollutants) and/or the long-term use of the site. There are no criteria cells in the vicinity
and the flood control channel is approximately ¼ mile from the project site.
The Project will not impact Urban/Wildlands Interface Guidelines in Section 6.1.4 of the
MSHCP:
1. The Project will not result in runoff being discharged into any MSHCP conservation
area. The Project is designed as to not release toxins, chemicals, petroleum products,
exotic plant materials, or other elements that might degrade or harm biological
resources or ecosystem processed within a MSHCP Conservation Area. Drainage
flows will be captured by ribbon gutters and directed towards proposed storm water
BMPs.
2. Land use is not proposed in proximity to the MSHCP Conservation Any use where
chemicals generate bio-products such as oil machinery and trucks that are potentially
toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate
measures to ensure that application of such chemicals does not result in discharge to
a MSHCP Conservation Area. Measures implemented to address drainage issues
would also address chemicals and toxins. Wash water containing any cleaning agent
or degreaser and discharge will be collected to the sanitary sewer and not to a storm
drain.
3. All exterior lighting will be directed downward and shielded away from the natural lands
and adjacent properties.
4. Noise generation activities are anticipated to result from operation of the Project. Any
noise producing activities associated with the long-term operation of the businesses
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will be relegated to indoor space levels and shall not exceed residential noise
standards.
5. No invasive and/or non-native plant species on the California Invasive Plant Counsel
List will be used in the landscaping of the Project site.
For these reasons, the subject Project is consistent with the Urban/Wildlife Interface
Guidelines.
6. The Project is consistent with the Vegetation Mapping requirements.
The project site is vacant except for a small residence to be demolished and other than
scattered weeds does not contain any trees, plants or other vegetation. The project site
previously had low density commercial and residential uses that have been demolished.
The project site is within the historic downtown area and there are no special status plant
and wildlife species known to occur within the Project vicinity.
7. The Project is consistent with the Fuels Management Guidelines.
The MSHCP acknowledges that brush management to reduce fuel loads and protect urban
uses and public health/safety shall occur where development is adjacent to conservation
areas. Surrounding land uses include streets, an alley, low density residential and
commercial. The Project site is not immediately adjacent to a MSHCP Conservancy Area
and thus does not pose a risk of causing direct or indirect effects to MSHCP Conservancy
Areas. Therefore, the Project is consistent with the Fuels Management Guidelines as set
forth in Section 6.4 of the MSHCP.
8. The proposed project will be conditioned to pay the City’s MSHCP Local Development
Mitigation Fee.
The Project has been conditioned to pay MSHCP Local Development Mitigation fees in
effect at the time of payment.
9. The proposed Project is consistent with the MSHCP.
Based upon the above discussed MSHP requirements, the proposed project is consistent
with the MSHCP.
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.
Section 4: 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, this 4th day of February, 2020.
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Michael Carroll
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. 2020-03 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 4th day of February, 2020 and that
the same was adopted by the following vote:
AYES: Commissioners Ross, Gray, and Armit; Vice-Chair Klaarenbeek; and Chair Carroll
NOES: None
ABSENT: None
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
For:
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