HomeMy WebLinkAbout2022-005 Planning Application No. 2021-29 (Fairway Business Park Phase III) - MSHCPRESOLUTION NO. 2022-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO.
2021-29 (TENTATIVE PARCEL MAP NO. 38341 AND INDUSTRIAL DESIGN
REVIEW NO. 2021-05) IS CONSISTENT WITH THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Fairway Commercial Partners, Inc., has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2021-29 (Tentative Parcel Map
No. 38341 and Industrial Design Review No. 2021-05) to subdivide 8.79 acres into six (6) parcels
ranging in size from 0.76 acres to 2.49 acres and to develop six (6) industrial buildings ranging in
size from 12,000 sq. ft. to 42,000 sq. ft. (149,500 sq. ft. total) along with 254 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
(APNs: 377-140-28, 377-140-29, 377-140-30, 377-140-35 & 377-140-44); and,
Whereas, Section 6.0 of the 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 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 Section 17.415.050 (Major Design Review), Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to design review applications ; and,
Whereas, on November 16, 2021, 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; and,
Whereas, pursuant to Chapter 17.410 (General Application Processing Procedures) of
the LEMC, the Council has the responsibility of making decisions to approve, modify or
disapprove recommendations of the Commission pertaining to Tentative Parcel Maps and
Industrial Design Review since the proposed project includes a Tentative Parcel Map; and; and,
Whereas, on January 11, 2021, at a duly noticed Public Hearing, the Council has
considered 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,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1: The Council has considered the Project prior to making a decision and has
found it acceptable.
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
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. 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.
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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.
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 all of the evidence presented, the above findings, and the
conditions of approval imposed upon the Project, the Council finds that the Project is consistent
with the MSHCP.
Section 4: This Resolution shall take effect immediately upon its adoption.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 11th day of January 2022.
Timothy J. Sheridan
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2022-5 was adopted by the City Council of the City of Lake Elsinore, California, at
the Regular meeting of January 11, 2022 and that the same was adopted by the following vote:
AYES: Council Members Magee, and Tisdale; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: Council Member Manos
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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