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HomeMy WebLinkAboutPC Reso No 2017-87 (ARI Chaney, LLC, MSHCP)RESOLUTTON NO.2017-87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, GALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PLANNING APPLTCATTON NO.20t7-17 (TENTATIVE PARCEL MAP NO.37337 AND TNDUSTRTAL DESTGN REVTEW NO. 2017-01) rS CONSTSTENT wlTH THE WESTERN R|VERSTDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, ARI Chaney, 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 lndustrial Design Review No. 2017-01) to subdivide 5.11 acres into seven (7) parcels ranging in size from 0.46 acres to 1.10 acres and to develop six (6) industrial buildings ranging in size from 8,154 sq. ft. to 18,41 1 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 -1 40-027) (APN: 377-1 40-O27); and, Whereas, Section 6.0 of the MSHCP requires that all discretionary poects 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 adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and 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, 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 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: @!!4[ The Commission has considered the Project and its consistency with the MSHCP prior to recommending that the Council adopt Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: 1. The Pro.ject is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. PC Reso. No. 2017-87 Page 2 ot 4 2 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 Vernat poot Guidelines. 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. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project would affect two water features: the Lake Elsinore Outlet Channet located adjacent to the project site, and a 0.61-acre ponded feature located within the project site at the end of Bhch Street. According to the Determination of Biologicaily Equivatent or Superior Preservation Report (DBESP), the Lake Elsinore Outlet Channet meets the Multiple Species Habitat Conservation Plan (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. lmplementation of the Project would directly impact 900 sq. ft. (0.02 acre) of the Lake Elsinore Outlet Channel at each of three proposed outfa structure locations during construction. The total impact area would be 2,700 sq. tt. (0.06 acre). Should a fourth storm drain outfall structure be constructed, an additional impact to gOO sq. ft. (0.02 acre) of the Lake Elsinore Outlet Channel would occur, thereby totating 3,600 sq. tt. (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 po ution 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-swaleg which would treat potential water quality impacts. All potential impacts to riparian/riverine habitat have been handled in accordance with the MSHCP. ln 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. The proposed project is consistent with the Protection of Narrow Endemic Plant Species (NEPS) Guidelines. The Project site is not located within the NEPS Survey Areas as show, on Figure 6-1 of the MSHCP. The Project is consistent with the Protection of NEPS Guidelines as set forth in Section 6.1.3 of the MSHCP The proposed project is consistent with the Additional Survey Needs and Procedures. 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 suppoft any active burrows or suitable habitat due to the heavy soil composition, ongoing mechanical disturbance of the site, and the surrounding 4. 5. PC Reso. No. 2017-87 Page 3 of 4 commercial urban setting. As requhed by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including removal vegetation ot other debris. Therefore, the Project is cons,sfenf with MSHCP Section 6.3.2. 6. The proposed project is consistent with the UrbanMildlands lnterface Guidelines. The Property is sunounded by existing development or graded parcels planned for development. Therefore, the UrbanNvildlands lnbrtace Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed poect is consistent with the Vegetation Mapping requirements. The Project was subject to the Protection of Species Assoclafed 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 stafed above, the Property is sunounded 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 all ofthe evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the 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 on this 7th day of November, 2017, by the following vote. PC Reso. No. 2017-87 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-87 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of November 7, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Armat, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: None