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Home My WebLink AboutPC Reso No 2009-17 1\ n n I L_ RESOLUTION NO. 2009-17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS A SELF STORAGE AND RECREATIONAL VEHICLE STORAGE FACILITY IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mike Dunn (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2007-06, Conditional Use Permit No. 2007-22 and Variance No. 2007-06 (the "Project") for the review and approval of a 34,231 square foot storage facility with associated features to be constructed on a 2.7-acre site located at 32395 Corydon Street at the northeast corner of Corydon Street and Palomar Street, known as Assessor's Parcel No. 370-120-045 (the "Property"); 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 WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 3, 2009. n n n PLANNING COMMISSION RESOLUTION NO. 2009-17 PAGE 2 OF 5 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 proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the East Lake Specific Plan, Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. 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 Vemal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is located within an MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. The LEAP analysis found that the 2.7-acre site did not contain any riparian/riverine areas on or adjacent to the project site. No vemal pools or other fairy shrimp habitat were found on or adjacent to the project site. Therefore, the Project is consistent with the Riparian/Riverine Areas and Vemal 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 proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is within a narrow endemic plant species survey area (NEPSSA). However, the survey information provided found no suitable habitat for any of these species present on the site. Therefore, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. n n n PLANNING COMMISSION RESOLUTION NO. 2009-17 PAGE 3 OF 5 The Property was assessed for suitable habitat for Criteria Area Species, set forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these species, including Burrowing Owl, exists on the project site. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including the removal of vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Design features and best management practices are incorporated into the Project to address and minimize edge effects associated with run-off, night lighting, and noise-generating land uses. As such, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site does not encompass any vegetation resources requiring mapping set forth is Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Therefore, the Fuels Management Guidelines as set fort in Section 6.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Industrial Design Review No. 2007-04, Conditional Use Permit No. 2007-22 and Variance No. 2007-06, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. n n II PLANNING COMMISSION RESOLUTION NO. 2009-17 PAGE 4 OF 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADCZ on this 3rd day of March 2009. ff{~p/P~/' . Axe Zanelli, airman City of Lake Elsinore ATTEST: :=i~ lAO. Tom Weiner ~ Acting Director of Community Development II ~I [ , n PLANNING COMMISSION RESOLUTION NO. 2009-17 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-17 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES, COMMISSIONER'S JOHN GONZALES, AND PHIL MENDOZA MICHAEL O'NEAL NONE NONE -=J~'\);J~ Tom Weiner Acting Director of Community Development