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HomeMy WebLinkAboutPC Reso No 2010-015RESOLUTION NO. 2010-15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL PROJECT NO. 2008-01 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Carl Johnson, Lake Elsinore 1, L.P., for the design, construction and establishment of five (5) industrial/warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ("the Project"), which will be located on the north side of Collier Avenue east of Riverside Drive (the "Site"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2010-15 PAGE 2OF5 SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. According to the LEAP Analysis, no riverine/riparian resources or vernal pools were identified within or adjacent to the proposed Project Site. The Biological Resources Report completed by LSA Associates, dated November 12, 2008, identified that the Project Site is not conducive for the formation of vernal pools or other suitable fairy shrimp habitat. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. According to the Biological Resources Report completed by LSA Associates, dated November 12, 2008, the Project is not located in a Narrow Endemic Plant Species Survey Area (NEPSSA). A small portion (less than % acre) of the extreme southwest corner of the project site is located within a Criteria Area Species Survey Area (CASSA). However, due to the level of disturbance on site and the absence of suitable soils (clay or alkaline soils), no focused surveys for NEPSSA or CASSA species are required. PLANNING COMMISSION RESOLUTION NO. 2010-15 PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Further, no suitable habitat for burrowing owl or any of the Criteria Area Species is present on the proposed project site. Soils are compacted, portions of the site are developed, and the site is located in a growing commercial area of the City. Currently, the project site does not support suitable habitat (small mammal burrows) or man-made structures (i.e., concrete or refuse debris piles) for the burrowing owl. Therefore, the current conditions of the site would not allow for the colonization of any of the plant or animal species covered under this Section of the MSHCP. 6. The Project is consistent with the UrbanNVildlands Interface Guidelines. The site is substantially surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed. As such, the Urban Wildlands Interface Guidelines are not applicable to the proposed Project. 7. The Project is consistent with the Vegetation Mapping requirements. No resources are present on the Project Site. As such, the vegetation mapping requirements are not applicable to the proposed project. 8. The Project is consistent with the Fuels Management Guidelines. The Site has been recently disturbed and other than a few trees, ornamental shrubs and grasses, there is no substantial vegetation remaining on the site. Further, the site is surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed, for which the Fuels Management Guidelines would apply. As such, the Fuel Management Guidelines of the MSHCP do not apply to the proposed Project. 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. For the foregoing reasons, the Project is consistent with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2010-15 PAGE 4 OF 5 SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of April 2010, by the following vote: Jim y Flores, Chairman C of Lake Elsinore ATTEST: Jobert A. Brady City Manager PLANNING COMMISSION RESOLUTION NO. 2010-15 PAGE 5OF5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-15 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20`h day of April 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER MENDOZA, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE //Robert A. Br y City Manage