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Home My WebLink AboutCC Reso No 2018-004 Planning Application 2017-17 TPM 37337 & IDR 2017-01 MSHCP ConsistentRESOLUTION NO. 2018-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017-17 (TENTATIVE PARCEL MAP NO. 37337 AND INDUSTRIAL DESIGN REVIEW NO. 2017-01) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, ARI Chaney Street, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-17 (Tentative Parcel Map No. 37337 and Industrial Design Review No. 2017-01) to subdivide 5.11 acres into seven parcels ranging in size from 0.46 acres to 1.10 acres and to develop six industrial buildings ranging in size from 8,154 sq. ft. to 18,411 sq. ft. (70,705 sq. ft. total) along with 209 parking spaces and related improvements on the same property (Project). The Project is located on the northwesterly side of Chaney Street and southwesterly of Minthorn Street, at the southerly end of Birch Street (APN: 377-140-027) (APN: 377-140-027); and, Whereas, Section 6.0 of MSHCP requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, 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, - qnd'the MSHCP goals and objectives; and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, 6: Whereas, pursuant to Chapter 17.184 (Design Review) of the LEMC, the Commission has been delegated with the responsibility of making recommendations to the Council pertaining to design reviews; and, Whereas, on November 7, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department (CDD) and other interested parties with respect to this item; and, Whereas, pursuant to Section 16.24.120 of the LEMC, the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for tentative maps; and, Whereas, pursuant to Section 17.184.090 of the LEMC, the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for design review applications; and, Whereas, on January 9, 2018, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the CDD 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: Reso. No. 2018-004 Page 2 of 4 Section 1: The Council has considered the Project prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Council 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 MSHCP Consistency finding before approval. The Project is not located within a MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and must be 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 LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review (JPR) processes. The Project is located within the MSHCP Elsinore Area Plan but is not located in a Criteria Cell Core or Linkage. Therefore, Project was not required to be processed through the LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project would affect two water features: the Lake Elsinore Outlet Channel located adjacent to the project site, and a 0.61 -acre ponded feature located within the project site at the end of Birch Street. According to the Determination of Biologically Equivalent or Superior Preservation Report (DBESP), the Lake Elsinore Outlet Channel meets the MSHCP definition of a riparian/riverine resource, because it contains freshwater flow during all or a portion of the year. The other water feature does not meet this definition because it is artificially created and does not have freshwater flow. Implementation of the Project would directly impact 900 sq. ft. (0.02 acre) of the Lake Elsinore Outlet Channel at each of three proposed outfall structure locations during construction. The total impact area would be 2,700 sq. ft. (0.06 acre). Should a fourth storm drain outfall structure be constructed, an additional impact to 900 sq. ft. (0.02 acre) of the Lake Elsinore Outlet Channel would occur, thereby totaling 3,600 sq. ft. (0.08 acre). As part of the DBESP, the project would be required to implement mitigation, and best management practices (BMPs) as part of a stormwater pollution prevention plan (SWPPP) designed to prevent and avoid impacts to water quality within the Lake Elsinore Outlet Channel during construction. Long-term impacts would be minimized through project design features including bio-swales, which would treat potential water quality impacts. All potential impacts to riparian/riverine habitat have been handled in accordance with the MSHCP. In addition, no vernal pools exist on the project site; therefore, due to the lack of suitable habitat, there is a very low potential for vernal pool species to occur. Therefore, the Project is consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project site is not located within the Narrow Endemic Plant Species Survey Areas as shown on Figure 6-1 of the MSHCP. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Reso. No. 2018-004 Page 3 of 4 The Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with the exception of Burrowing Owl. No burrowing owls or burrowing owl signs were observed within the Project site or adjacent lands. The Project site does not support any active burrows or suitable habitat due to the heavy soil composition, ongoing mechanical disturbance of the site, and the surrounding commercial urban setting. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground -disturbance, including removal vegetation or other debris. Therefore, the Project is consistent with MSHCP Section 6.3.2. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines, The Property is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed project is consistent with the Vegetation Mapping requirements. The Project was subject to the Protection of Species Associated with Riparian /Riverine and Vernal Pool policies. Any related resources were mapped as part of the Determination of Biological Equivalent or Superior Preservation submittal. The Project is consistent with MSHCP Section 6.3.1. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable. 9. The proposed 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 proposed project overall is consistent with the MSHCP. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 9th day of January 2018. Reso. No. 2018-004 Page 4 of 4 Johnson 1 Attest: ( A Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA y COUNTY OF RIVERSIDE 7 ss. CITY OF LAKE ELSINORE 7 I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-004 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 9, 2018, and that the same was adopted by the following vote: AYES: Council Members Tisdale and Magee; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None r SAO M. Domen, MMC City Clerk