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HomeMy WebLinkAboutReso 2025-01 -MSHCP - PA 2023-13 - Collier Retail ShopsRESOLUTION NO. 2025-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2023-13 (CONDITIONAL USE PERMIT NO. 2023-05, COMMERCIAL DESIGN REVIEW NO. 2023-03, SIGN PERMIT NO. 2023-07) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Erwin Randhawa, PSR Investments LE, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2023 -13 which includes Commercial Design Review (CDR No. 2023 -03), Conditional Use Permit (CUP No. 2023- 05), and Sign Design Review (SIGN No. 2023-07) to construct a one-story 7,200 square-foot (sq. ft.) retail shopping center with a drive-through restaurant building and related site improvements on a 1.4-acre site. CDR No. 2023-03 is to allow the development of a new commercial building, CUP No. 2023-05 is to permit the operation of the drive -through restaurant, and SIGN No. 2023- 07 is to establish a unified signage theme and design for the retail shopping center ; Whereas, the project is located along the easterly edge of Collier Avenue near the southeast intersection of Collier Avenue and Nichols Road (APN: 389-200-031); 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; 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; Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 1 7.415.050 (Major Design Review), Section 17.415.070 (Conditional Use Permit), and Section 17.410.070 (Approving Authority) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits, design review applications, and sign programs; and Whereas, on January 21, 2025 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: 1. The project is a project under the City’s MSHCP Resolution, and the City must make an Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-01 Page 2 of 6 MSHCP Consistency finding before approval. The project site is located within MSHCP Criteria Cells . 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, Fuel s 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 (JPR) processes. Approximately 1.00 acre of the project site is located in the southern portion of Criteria Cell No. 4067 in Cell Group W, which is in MSHCP Elsinore Area Plan, Subunit 2 (Alberhill) and approximately 0.38 acre of the project site is located in the northern portion of Criteria Cell No. 4166 in Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2023-01 was submitted to the City on June 8, 2023 and the JPR application, JPR 23-10-25- 02 was submitted to the County on October 5, 2023. The County’s Regional Conservation Authority (RCA) completed the review on December 11, 2023 and found the Project consistent with both the Criteria and Other Plan Requirements. 3. The project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. On December 26, 2022, Hernandez Environmental Services conducted field surveys of the site to determine whether the project site includes riparian/riverine area or vernal pools. The project area does not contain any drainages or riparian habitat. No California Department of Fish and Wildlife (CDFW), U.S. Army Corps of Engineers (USACE), or Regional Water Quality Control Board (RWQCB) jurisdictional waters occur within the project boundaries. Further, the project site does not contain any wetlands or vernal pools. A man -made storm drain feature, which captures sheet flows from the neighboring gas station and from the slope onsite, is located on the western corner of the site. The storm drain feature on site does not divert natural flow from any river, stream or lake. Since the source of the water for this storm drain feature is sheet flow from the site and surrounding developed areas and the feature is not part of a natural stream, river, or lake, this feature is not considered jurisdictional under the CDFW Lake and Streambed Alteration Program. In addition, the onsite storm drain feature would not be considered Waters of the United States regulated the USACE. The sheet flows on site leads to a man-made storm water intake feature and would not be subject to waste discharge requirements under the Porter-Cologne Water Quality Act. Impacts to the storm water feature will be regulated by the National Pollutant Discharge Elimination System (NPDES) storm water program. Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate conditions of the west coast and in glaciated conditions of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spr ing but may be completely dry most of the summer and fall. Vernal pools are usually associated with hard clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-01 Page 3 of 6 depressions usually are dominated by hydrophytic plans, hydric soils, and evidence of hydrology. The entire site was evaluated for the presence of habitat capable of supporting branchiopods. The site was evaluated as described in the USFWS Survey Guidelines for the Listed Large Branchiopods (May 31, 2016). The project area is primarily comprised of sa ndy loams. The onsite soils do not allow for water pooling on the site for any significant length of time after rain events. No vernal pools, swales, or vernal pool mimics such as ditches, borrow pits, cattle troughs, or cement culverts with signs of pooling water were found on the site. In addition, the site does not contain areas that showed signs of ponding water, hydrophytic vegetation, or soils typical of vernal pools that would be suitable for large branchiopods. 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 Plants 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), and Figure 6-5 (Mammal Species Survey Areas With Criteria Area), a criteria area species survey is required for the subject property prior to approval of a development proposal. The property is not located within survey areas for amphibian species (MSHCP Figure 6 -3), burrowing owl (Figure 6-4) or mammal species (MSHCP Figure 6-5) and surveys for those species are not required. The property is located within a Criteria Area Species Survey Area (CASSA) for Thread - leaved brodiaea, Davidson's saltscale, Parish's brittlescale, Smooth tarplant, Round -leaved filaree, Coulter's goldfields, and Little mousetail. A habitat assessment was conducted on the site for CASSA species. The project area is comprised primarily of ruderal habitat, with areas covered in gravel. The habitat assessment determined the project site does not provide suitable habitat for thread-leaved brodiaea, Davidson's saltscale, Parish's brittlescale, smooth tarplant, round-leaved filaree, Coulter's goldfields, or little mousetail. Thread -leaved brodiaea is associated with clay soils in coastal scrub, cismontane woodland, playas, chaparral, valley and foothill grassland, and vernal pools. Davidson’s saltscale is associated with alkaline soil in coastal bluff scrub and coastal scrub. Parish’s brittlescale is associated with drying alkali flats with fine soils in vernal pools, chenopod scrub, and playas. Smooth tarplant is associated with alkali meadow and scrub in valley and foothill grassland, chenopod scrub, meadows and seeps, playas, and riparian woodland. Round -leaved filaree is associated with clay soil in Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-01 Page 4 of 6 grassland and coastal scrub habitat. Coulter’s goldfields are associated with alkaline soils in playas, sinks, and grasslands. Little mousetail is associated with alkaline soils in vernal pools, and valley and foothill grassland. The Escondido fine sandy l oam and Lodo rocky loam on site does not support potential habitat for the sensitive species listed above. No coastal scrub, cismontane woodland, playas, sinks, riparian woodland, chaparral, valley and foothill grassland, meadows and seeps, alkali flats, o r clay soils occur on site. Therefore, no suitable habitat for CASSA plant species is present on the site. 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. The project site is not located within or adjacent to a Western Riverside County MSHCP Conservation Area; therefore, the project site is not required to address Section 6.1.4 of the Western Riverside County MSHCP. For this reason, the subject project is consistent with the Urban/Wildlife Interface Guidelines. 7. The project is Consistent with the Vegetation Mapping requirements. The 1.4-acre project site supports three habitat types: 1.29 acres ruderal habitat, 0.06 acre developed land, and 0.03 -acre cement-lined storm drain feature. This habitat is described as follows: Ruderal Approximately 1.29 acres of ruderal habitat occur on site. This area is dominated by non - native plant species; however, some native species are present. Characteristic plant species include brittlebush (Encelia farinosa), shortpod mustard (Hirschfeldia inc ana), cheeseweed (Malva parviflora), and Russian thistle (Salsola tragus). Developed Approximately 0.06 acre of developed habitat occurs on site. This area is distinguished by paved areas and ornamental vegetation, including the Mexican fan palm (Washingtonia robusta). Cement-lined storm drain feature Approximately 0.03 acre of cement -lined storm drain feature occurs within the southwestern portion of the site. This surrounding vegetation includes black willow (Salix nigra), tamarisk (Tamarix sp.), Jersey cudweed (Helichrysum luteoalbum) and spiny sowth istle (Sonchus asper). Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-01 Page 5 of 6 This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements. 8. The 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 Project Site is not located in or adjacent to the prop osed preservation areas or undeveloped lands. Section 6.4 requirements are not applicable to the proposed project. 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. 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 project is consistent with the MSHCP. Approximately 1.00 acre of the project site is located in the southern portion of Criteria Cell 4067 in Cell Group W, which is in MSHCP Elsinore Area Plan, Subunit 2 (Alberhill) and approximately 0.38 acre of the project site is located in the northern portion of Criteria Ce ll 4166 in Subunit 3 (Elsinore). Conservation within this Cell Group W will range from 80%-90% of the Cell Group focusing in the northwestern portion of the Cell Group. Conservation within this Cell Group will focus on riparian scrub, woodland and forest habitat associated with Alberhill Creek and adjacent coastal sage scrub and grassland habitat. Conservation within Criteria Cell 4166 will range from 15%-25% of the Cell focusing in the northeastern portion of the Cell. Conservation within this Cell will focus on meadow, marsh, riparian scrub, woodland and forest habitat along Alberhill Creek and adjacent grassland habitat. The project site does not contain meadow, marsh, riparian scrub, woodland and forest habitat associated with Alberhill Creek and does not contain coastal sage scrub and grassland habitat. Additionally, the proposed project is an infill project located between Interstate 15 and Collier Avenue and between two developed sites. Additionally, the project site does not meet the conservation requirements set forth for Subunits 2 and 3 of the Elsinore Area Plan. Therefore, conservation of the project site or any p ortion thereof, is not required. 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 finds that the project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 21st day of January, 2025. Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-01 Page 6 of 6 John Gray Chair Attest: ___________________________________ Damaris Abraham Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-01 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held January 21, 2025 and that the same was adopted by the following vote: AYES: Commissioners Carroll, Devor, and Peters; Vice Chair Ross; and Chair Gray NOES: None ABSTAIN: None ABSENT: None Damaris Abraham Community Development Director Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56