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Home My WebLink AboutPC Reso No 2009-22 n II n RESOLUTION NO. 2009-22 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. 2008-02 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Ron Harwood, Precise Plastics Products, for the design, construction and establishment of an industrial/warehouse building totaling 43,552 square feet on 2.12 acres of vacant land ("the Project"), which will be located on the west side of Corydon Street between Cereal and Como Streets at APN 370-080-120 (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. II II n PLANNING COMMISSION RESOLUTION NO. 2009-22 PAGE 2 OF 5 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 RiparianlRiverine 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 Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. Therefore, 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. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. This area is subject to the requirements set forth in this Section of the MSHCP. However, the LEAP Analysis revealed that no suitable habitat is present on the proposed Project Site. The Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. Therefore, the current conditions of the site would not allow for the colonization of plant species covered under this Section of the MSHCP. n n n PLANNING COMMISSION RESOLUTION NO. 2009-22 PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. However, no suitable habitat for burrowing owl or any of the Criteria Area Species is present on the proposed project site. No rodent holes or other debris attractive to the owl were observed during the site visit. The Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. 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 UrbanlWildlands 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. 1\ n n 1_- PLANNING COMMISSION RESOLUTION NO. 2009-22 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 17th day of March 2009, by the following vote: J:j/~~,h- Axel Z nelli, airman City of Lake Elsinore ATTEST: -k kQ- Tom Weiner Acting Director of Community Development II II n PLANNING COMMISSION RESOLUTION NO. 2009-22 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. 2009-22 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 ih 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, PHIL MENDOZA, AND MICHAEL O'NEAL NONE NONE NONE ~\AO, Tom Weiner Acting Director of Community Development