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HomeMy WebLinkAboutPC Reso No 2016-63 (IDR 2016-01, MDR, MSHCP)RESOLUTION NO.2016-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CAL!FORNIA, F!NDING THAT INDUSTRIAL DESIGN REVIEW NO. 2016-01 (MTNOR DESIGN REVTEW) rS CONSTSTENT W|TH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHcP) Whereas, Joe Schallert, Schallert Enterprises requests approval for the addition of a 2,100 Square Foot (SF)canopy shade structure to an existing industrial building (Project). The proposed Project is specifically located at 553 Birch Street and is generally located northerly of Birch Street and westerly of Minthorn Street. (APN: 377-430-048); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary Projects within an 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 of Lake Elsinore (City) adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission of the City has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying to the lndustrial Design Review (lDR); and, Whereas, on August 16,2016, 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. 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 and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP Section 2. That in accordance with the MSHCP, the Planning Commission 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. Pursuant to the Crty's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other Plan Wide Requirements. The Proiecf site is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are noissues regarding consistency with the MSCHP's other Plan Wide Requirements. The only requirements potentially applicable to the Project were the Protection of Species Associa/ed with Riparian/Riverine Areas ancl Vernal Pool Guidelrnes (Secf ion 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The t Reso No. 2016-63 Page 2 of 3 Project sffe ls located in a previously developed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As sfated above, the Project is nof located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a JPR. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Projecl consisfs of adding a canopy shade structure to an existing industrial building on a fully developed site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor fufther focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as sef forth in Sec/ion 6.1.3 of the MSHCP are not applicable to the Project. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for ceftain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Projecl sife is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. The Project is consistent with the UrbanA/Uildlands lnterface Guidelines. The Projecf site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbanUVildlands lnterface Guidelines of MSHCP Section 6.1.4 are not applicable. The Project is consistent with the Vegetation Mapping requirements. The Projecf conslsfs of adding a canopy shade structure to an existing industrial building on a fully developed site. There are no resources located on the Project site requiring mapping as sef forth in MSCHP Section 6.3.1. The Project is consistent with the Fuels Management Guidelines. The Projecf srte is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 6 [- I 7 Reso No. 2016-63 Page 3 of 3 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitagation Fee. The Prqect conslsls of adding a canopy shade structure to an existing industrial building on a fully developed site. 10. The Project is consistent with the MSHCP. The Project conslsls of adding a canopy shade structure to an existing industrial building on a fully developed stte. As described above, the Prqect complies with all appl icati on M S HC P req u ire m ents. Section 3. Based upon all of the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Planning Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a Regular meeting of the Planning Commission this 16th day of August, 2016. by the following vote. Armit, Chairman STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Princrpal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016-63 was adopted by the Planning Commission of the City of Lake Eistnore, California, at the Regular meeting of August 16, 2016, and that the same was adopted by the following vote: AYES: Commissioner's Jordan, Ross and Carroll. Vice-Chair Gray, and Chairman Armit NOES: None ABSTAIN: None ABSENT. None )" CONDITIONS OF APPROVAL RESOLUTIONS: PROJECT: PROJECT NAME: 2016-XX & 2016-XX tDR 2016-01 Schallert Canopy Addition PROJECTLOCATION: APN:377-430-048 APPROVAL DATE: August 16,2016 EFFECTIVE DATE: August 31,2016 EXPIRATION DATE: August 16,2018 GENERAL CONDITIONS 1. The proposed project is a request by Joe Schallert, Schallert Enterprises for the approval of lndustrial Design Review No. 2016-0'1 (Minor Design Review) for the addition of a2,100 Square Foot (SF) canopy shade structure to an existing industrial building ("Project"). The proposed Project is specifically located at 553 Birch Street and is generally located northerly of Birch Street and westerly of Minthorn Street. (APN: 377-430-048). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencres, appeal boards, or legislative body concerning the project (lDR No. 2016-01) 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. lndustrial Design Review No. 2016-01 shall lapse and become void two years following the date on which the design review became effective, unless one of the followihg: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184J20. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 5. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Alrplica;rl<inrtral.- __Page 1 of 4 tDR 2016-01 Cond itions of Approval PC:0811612016 CC: TBD Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditrons of approval. Any proposed minor revisions to approved plans shall be reviewed and approved by the Communrty Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. A detailed on-site lighting plan, includrng a photometric diagram, shall be reviewed to ensure that all exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity 7:00 a.m. - 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than B:00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such traile(s) shall be fully on private property and outside the public right of way. Graffiti shall be removed within 24 hours. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debns remain for more than 24 hours. lnstall, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. lf any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the 6. 7. B. o 10. 11. 12. 13. 14. Applicanls lnitials Page 2 of 4 tDR 2016-01 Conditions of Approval PC: 08/1612016 CC: TBD right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. BUILDING DIVISION 15. The Applicant is to meet all applicable Building Codes in effect at the time, including requirements for the occupancy. 16. Any internal or external modifications to the building shall require a building permit. RIVERSIDE COUNTY FIRE DEPARTMENT 17. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. Appiicants lnitials Page 3 of 4 tDR 2016-01 Conditions of Approval PC: 08/1612016 CC: TBD I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on August 16, 2016.1 also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address. Phone Number. Applicants lnitials Page 4 of 4