HomeMy WebLinkAbout0015_4_PA 2016-04 - Exhibit C MSHCP ResolutionRESOLUTION NO. 2016-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2016-04
(TENTATIVE PARCEL MAP 37149, CONDITIONAL USE PERMIT 2016-02, AND
COMMERCIAL DESIGN REVIEW 2016-02) IS CONSISTENT WITH THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Whereas, Stephen Harrison, on behalf of the LE Diamond Sports Center, has submitted an
application for Planning Application 2016-04 Tentative Parcel Map (TPM) 37149, Conditional Use
Permit (CUP) 2016-02, and Commercial Design Review (CDR), collectively referred to as the
Project for the development of an approximately 520,000 square foot indoor commercial sports
facility on 23.12 acres of disturbed vacant land. The Project site is located adjacent to and north
of the Lake Elsinore Storm baseball stadium, east of the Lake Elsinore/San Jacinto River Inlet,
west of Diamond Drive and south of Lakeshore Drive. The Assessor Parcel Numbers of the site
are 373-210-037-8, 373-210-038-9, 373-210-039-0, 373-210-043-3, 363-150-006-2, 363-161-
029-7, 363-161-030-7, 363-161-031-8, 363-161-032-9, 363-161-033-0, 363-161-034-1 and 363-
161-035-2; and,
Whereas,Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requires that all Projects which are proposed on land covered by 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 discretionary development Projects be analyzed
pursuant to the MSHCP Plan Wide Requirements even if not within an MSHCP criteria cell; and,
Whereas, the Project is discretionary in nature and requires review and approval by the Planning
Commission and City Council (Council); and,
Whereas,a portion of the Project is within MSHCP Criteria Cell 4743 and the entire Project is
within the Elsinore Plan Area of the MSHCP, and therefore, the Project was 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,on October 18, 2016, at a duly noticed Public Hearing the Planning Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
Whereas, pursuant to Section 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal
Code (“LEMC”) the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning Commission for
Conditional Use Permit applications; and
Whereas, pursuant to Section 6.2.2 (Design Review) of the Diamond Specific Plan Amendment
1 (“SPA”) the City Council of the City of Lake Elsinore has the responsibility of making decisions
Reso No. 2016 -___
Page 2 of 6
to approve, modify or disapprove recommendations of the Planning Commission for Commercial
Design Review applications; and
Whereas, pursuant to Section 6.2.3 (Tentative Maps) of the SPA the City Council of the City of
Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove
recommendations of the Planning Commission for parcel maps; and
Whereas,on October 25, 2016, at a duly noticed public meeting, the City Council has considered
the recommendation of the Planning Commission as well as evidence presented by the
Community Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council has reviewed and analyzed the proposed applications and their
consistency with the MSHCP prior to making a decision to the adoption of Findings of Consistency
with the MSHCP for the Project.
Section 2. That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP,
Findings for adoption have been made as follows:
1.The proposed project is a project under the City’s MSHCP Resolution, and the City
must make an MSHCP Consistency Finding before approval.
Pursuant to the City's MSHCP Implementing Resolution, prior to approving any
discretionary entitlement, the City is required to review the Project to ensure
consistency with the MSHCP criteria and other "Plan Wide Requirements." The
Project, as proposed, was found to be consistent with the MSHCP criteria. In
addition, the Project was reviewed and found consistent with the following "Plan
Wide Requirements". Protection of Species Associated with Riparian/Riverine Areas
and Vernal Pool Guidelines (MSHCP § 6.2), 1.Protection of Narrow Endemic
Species MSHCP § 6.3), 1.Urban/Wildlands Interface Guidelines (MSHCP § 6.4),
1.Vegetation Mapping (MSHCP § 6.1), 3.Additional Survey Needs and Procedures
(MSHCP § 6.2), 3. Fuels Management (MSHCP § 6.4), and payment of the MSHCP
Local Development Mitigation Fee (MSHCP Ordinance § 4.0).
2.The proposed project is subject to the City’s LEAP (Lake Elsinore Acquisition
Process) and the County’s Joint Project Review processes.
Portions of the Project site are located within Criteria Cell 4743 (within Subunit 3 -
Elsinore), the Criteria Species Survey Area, the Burrowing Owl Survey Area, and
Narrow Endemic Plant Species Survey Area 2 of the MSHCP. The Final
Environmental Impact Report (EIR) (SCH# 2009031084) determined that
development of the Diamond Specific Plan (DSP), including the Project site, would
be consistent with the MSHCP with the implementation of mitigation measures DSP-
BIO-1 through DSP-BIO-7 as described above and with the implementation of
mitigation measures DSP-BIO-8 and DSP-BIO-9, which would ensure that the
potential for noise impacts associated with construction and operation of the DSP on
adjacent conservation areas would reduce urban/wildland interface impacts to below
a level of significance. These findings were corroborated by the Regional
Reso No. 2016 -___
Page 3 of 6
Conservation Authority (RCA) MSHCP Consistency Determination issued during the
Joint Project Review (JPR 09- 2007-1) process completed on February 2, 2010,
which was attached to the Final EIR SCH# 2009031084.
3.The proposed Project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
Section 6.21.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. All potential impacts to riparian/riverine areas will be
mitigated as identified in the Determination of Biological Equivalent or Superior
Preservation DBESP) completed by PCR, dated June 15, 2009, and updated
November 17, 2009. There are no vernal pools or fairy shrimp habitat on the Project
Site, and therefore, the Project is consistent with Section 6.21.of the MSHCP.
4.The proposed Project is consistent with the Protection of NEPSSA Species
Guidelines.
The Project Site is located within a NEPSSA for Munz's onion, San Diego Ambrosia,
many-stemmed dudleya, spreading navarretia, California orcutt grass, Hamlett's
clay-cress and Wright's trichocoronis as mapped in Section 6.31.of the MSHCP. The
Site was surveyed for suitable habitat for these NEPSSA plants. Based on the
Biological Resources Assessment dated November 17, 2009, none of the NEPSSA
plants were observed on the Site. Therefore, the Project demonstrates compliance
with the provisions of Section 6.3.
5.The proposed Project is consistent with the Additional Survey Needs and
Procedures.
The Project is located within the Criteria Area Species Survey Area (CASSA) for
several criteria area plants and the Burrowing Owl survey area as identified in
Section 6.23. Additional Survey Needs and Procedures of the MSHCP. Surveys
were conducted on the entire Project Site, and the results indicated that two plant
species, the smooth tarplant and little mousetail are present on the Project Site. The
smooth tarplant and little mousetail will be relocated to on and off-site mitigation
areas which will provide adequate long-term protection of these species. No
Burrowing Owls occupied the Project Site. As such, the Project is consistent with
Section 6.23.of the MSHCP.
6.The proposed Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.41.of the MSHCP sets forth guidelines which are intended to address
indirect effects associated with locating development in proximity to the MSHCP
Conservation Area, where applicable. Future Development in proximity to the
MSHCP Conservation Area may result in Edge Effects that will adversely affect
biological resources within the MSHCP Conservation Area. To minimize such Edge
Effects, guidelines shall be implemented in conjunction with review of individual
public and private Development Projects in proximity to the MSHCP Conservation
Area. Through implementation of mitigation measures the Project will minimize the
Reso No. 2016 -___
Page 4 of 6
identified potential indirect impacts with potential future open space. As such, the
Project is consistent with Section 6.41.of the MSHCP.
7.The proposed Project is consistent with the Vegetation Mapping requirements.
Vegetation mapping was conducted as part of the biological surveys conducted on
the entire Project Site and is consistent with the MSHCP Section 6.13.Vegetation
Mapping requirements.
8.The proposed Project is consistent with the Fuels Management Guidelines.
The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are
intended to address brush management activities around new development within
or adjacent to the MSHCP Conservation Area and shall be implemented as part of
the Project. As such, the Project is consistent with the Fuels Management
Guidelines.
9.The proposed Project is 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 reserve assembly requirements of the MSHCP.
The Project Site is located in the Back Basin area and is subject to the 770 Acre
Back Basin Agreement with the Wildlife Agencies related to reserve assembly. Since
the Project has conserved an area along the outlet channel, which contributes to the
extension of existing Core 3 and shall meet the reserve assembly requirements of
the Back Basin Agreement, the Project does not conflict with the reserve assembly
requirements of the MSHCP.
11.The proposed Project overall 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 and the above findings, the City Council of the
City of Lake Elsinore, California, adopts 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, and Adopted this 25th day of October, 2016.
Brian Tisdale, Mayor
Reso No. 2016 -___
Page 5 of 6
Attest:
___________________________________
Susan M. Domen, MMC
City Clerk
Reso No. 2016 -___
Page 6 of 6
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Susan M. Domen MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. __ as adopted by the City Council of the City of Lake Elsinore at a regular meeting
held on the 25th day of October 2016, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan M. Domen, MMC
City Clerk