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Home My WebLink AboutPC Reso No 2016-72 (LE Diamond Sports Center)RESOLUTION NO. 2016-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT PLANNING APPLICATION 2016. 04 (TENTATTVE PARCEL MAP 37149, CONDITIONAL USE PERMIT 2016-02, AND COMMERCIAL DESIGN REVIEW 2016-02) ARE 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 applicatron for Planning Application 2016-04 Tentatave 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 faoility 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 (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 IVISHCP 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 August 16, 2016, at a duly noticed Public Hearing the 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 Commission has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to recommend that the Council adopt Findings of Consistency with the MSHCP for the Project. Reso No. 2016-72 Page 2 of 5 Section 2. That in accordance with the City's LEMC, 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 lmplementing 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 fo be consistent with the MSHCP criteria. ln addition. the Project was reviewed and found cons/stenl with the following "Plan Wide Requirements". Protection of Specles Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP $ 6.2), l.Protection of Narrow Endemic Specles (NEPS) MSHCP S 6.3), l.UrbantWildlands lnteiace Guidelines fMSHCP S 6.4), l Vegetation Mapping (MSHCP S 6.1), 3.Additional SuNey Needs and Procedures (MSHCP S 6.2), 3. Fuels Management (MSHCP S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance S 4.0). 2. The proposed Project is subject to the City's LEAP and the County's JPR processes. Porlions of the Project site are located within Criteria Cell 4743 (within Subunit 3 - Elsinore), the Criteria Specles Survey Area, the Burrowing Owl Survey Area, and NEPS Suvey Area 2 of the MSHCP. The Final Environmental lmpact Reporl (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-BlO-1 through DSP-BlO-7 as described above and with the implementation of mitigation /ileasures DSP-BIO-8 and DSP- BIO-9, which would ensure that the potential for noise irnpacts assoclated with construction and operation of the DSP on adjacent conservation areas would reduce urban/wildland inteiace impacts to below a level of significance. These findings were corroborated by the Regional 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 specles. 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 orfairy shrimp habitat on the Project Site, and therefore, the Project is conslsfenf with Section 6.21 .of the MSHCP. 4. The proposed Pro.ject is consistent with the Protection of NEPSSA Species Gurdelines. Reso No. 2016-72 Page 3 of 5 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 Slfe was surveyed for suitable habitat for these NEPSSA plants. Based on the Biotogical Resources Assessment dated November 17, 2009, none of the NEPSSA plants were obseNed on the Slte. Therefore, the Project demonstrates compliance with the provisions of Sectlon 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 specles, the smooth tarplant and little mousetail are present on the Proiect 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 specles. No Burrowing Owls occupied the ProJect Slfe. As such, the Proiect is consistent with Section 6.23.of the MSHCP. 6. The proposed Project is consistent with the UrbanMildlands lnterface Guidelines. Section 6.41 .of the MSHCP sets forth guidelines which are intended fo address indirect effects assoclated with locating development in proximity to the MSHCP ConseNation 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 sha// be implemented in conjunction with review of individual public and private Development Prqects in proximity to the MSHCP ConseNation Area. Through implementation of mitigation /neasures the Prolect will minimize the 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 paft of the biological suNeys conducted on the entire Project Site and is conslsfent 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 ls conslsfenl with the Fuels Management Guidelines. 9. The proposed Project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. Reso No. 2016-72 Page 4 of 5 As a Condition of Approval, the Proiect 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 Slte ls /ocated in the Back Basin area and is sut:iect 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 reseNe assembly requirements of the MSHCP. 11. The proposed Project overall is consistent wtth the MSHCP The Project rs conslsfent with all applicable provisions of the MSHCP No fufther actions related to the MSHCP are required. Section 3. Based upon the evidence presented and the above findings, the Commission hereby recommends that the 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, and Adopted this 18th day of October, 2016. Adam Armit, Chairman Reso No. 2016-72 Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE )'. l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016-72 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of October 18, 2016, and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman Armit NOES: None ABSTAIN: None ABSENT. None