HomeMy WebLinkAboutPC Reso No 2017-59 (Canyon Hills Market Place, PA 2017-30, MSHCP) �.. RESOLUTION NO. 2017-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION
NO. 2017-30 (CONDITIONAL USE PERMIT NO. 2017-07 AND COMMERICAL DESIGN
REVIEW NO. 2017-06) IS EXEMPT FROM THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, MPA Architects, Inc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2017-30 (Conditional Use Permit No. 2017-07
and Commercial Design Review No. 2017-06) for the design and construction a 3,957 sq. ft.
commercial building for two (2) tenants within the Canyon Hills Marketplace. The first tenant will
be a drive-through Starbucks coffee shop and the second tenant space is designed for a future
retail or restaurant tenant(Project). The Project is located on the westerly side of Railroad Canyon
Road, southerly of Canyon Hills Road within the CHSP (APN: 363-210-021); and,
Whereas, Section IV (D) of the City'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, on August 15, 2017 at a duly noticed Public Hearing the Planning Commission
(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 Lake Elsinore Municipal Code (LEMC) and the MSHCP,
the Commission finds that:
The Project is exempt from the Cit 's MSHCP Resolution b virtue of vested rights. On
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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 MSCHP is required.
Section 2: This Resolution shall take effect immediately upon its adoption.
PC Reso. No. 2017-59
Page 2 of 2
(Passed and Adapted on this 15th day of August, 2017, by the following vote.
John Gray
Chairman
Attest-
Justin Kir ,
Principal,Planner
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2017-59 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a Regular meeting held of August 15, 2017, and that the same was adopted by the
following vote.-
AYES: Commissioner's Ross, Carroll, Klaarenbeek; and Chairman Gray
NOES: None
ABSENT: Commissioner
ABSTAIN: None
Justin Kirk, I
Principal P anner
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