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HomeMy WebLinkAbout2022-075 Denying an Appeal to approve CUP No. 2021-06 and IDR No. 2021-04 for the Corydon III Project RESOLUTION NO. 2022-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION’S ACTION TO APPROVE CONDITIONAL USE PERMIT NO. 2021-06 AND INDUSTRIAL DESIGN REVIEW NO. 2021-04 AND UPHOLDING THE PLANNING COMMISSION’S FINDINGS AND APPROVING CONDITIONAL USE PERMIT NO. 2021-06 AND INDUSTRIAL DESIGN REVIEW NO. 2021-04 FOR TWO INDUSTRIAL BUILDINGS TOTALING 63,030 SQUARE FEET LOCATED AT APNs: 370-080-007, 370-080-006, AND 370-080-020 Whereas, Brad Woods, RD Construction, has filed an application with the City of Lake Elsinore (City) requesting approval of Industrial Design Review (IDR) No. 2021-04 to construct two industrial buildings totaling 63,030 square feet and related improvements, in conjunction with a Conditional Use Permit (CUP) No. 2021-06 to establish two warehouses and an outdoor storage area on 3.04 acres of land within the Action Sports, Tourism, Commercial & Recreational and Airport Overlay districts of the East Lake Specific Plan (APNs: 370-080-007, 370-080-006, 370- 080-020) (“Project”); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (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, and the MSHCP goals and objectives; and, Whereas, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying design review applications; and, Whereas, pursuant to Section 17.415.070 (Conditional Use Permits) of the LEMC, the Commission has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and, Whereas, on May 3, 2022, at a duly noticed Public Hearing the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and by a 4-0 vote approved IDR No. 2021-04 and CUP No. 2021-06; and, Whereas, pursuant to Section 17.410.090 of the LEMC, the notice of decision regarding the Commission’s action regarding the project was placed on the June 14, 2022 City Council (Council) agenda; and, Whereas, on May 17, 2022, Supporters Alliance for Environmental Responsibility filed a timely appeal of the Planning Commission’s decision to approve the Project; and, Whereas, pursuant to Section 17.410.100 of the LEMC, the Council has been delegated with the responsibility of reviewing appeals of Planning Commission actions; and, DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC CC Reso. No. 2022-75 Page 2 of 6 Whereas, on July 12, 2022, at a duly noticed Public Hearing the Council considered the record and such additional evidence as may be offered 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: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council finds that the project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill Development Projects. The Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, and is within the City’s boundaries on a site less than five acres surrounded by urban uses. The subject property has no value as habitat for endangered, rare or threatened species. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the project is adequately served by all required utilities and public services. Section 3: The Council has considered the Project and its consistency with the MSHCP prior to adopting findings of consistency with the MSHCP. Section 4: 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. Pursuant to the City’s MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other “Plan Wide Requirements.” The Project site has been previously disturbed and is currently developed with single-family residences. A General Biological Assessment and Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis report dated October 2021 prepared by Hernandez Environmental Services (Biological Report) has been prepared for the Project site based on literature review and field surveys. The Project site is not located within a MSHCP Criteria Cell. Based upon the Biological Report, there are no issues regarding consistency with the MSHCP’s other “Plan Wide Requirements.” The only requirement potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). 2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City’s LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to the Biological Report, neither riparian/riverine areas and nor vernal pools or suitable habitat for fairy shrimp occur on the site. Therefore, the Project is consistent with DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC CC Reso. No. 2022-75 Page 3 of 6 the Riparian/Riverine Areas and Vernal Pool Guidelines under Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project site is located within the Narrow Endemic Plant Species Survey Area (NEPSSA) for multiple narrow endemic species. According to the Biological Report, habitat assessments were conducted specifically for Munz’s onion, San Diego ambrosia, many-stemmed dudleya, spreading navarretia, California Orcutt grass, Hammitt’s clay- cress, and Wright’s trichocoronis. It was determined that no habitat is present to support any Narrow Endemic Plant Species. The Project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain 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 Project site is not located additional survey areas for amphibians, mammals, or any special linkage areas; however, the Project site is located within the burrowing owl survey area. A habitat assessment for burrowing owl determined that there is no suitable habitat present that can support this species. Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site, requiring mapping as set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site 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. 9. The 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 Project is consistent with the MSHCP. As described above, the Project complies with all applicable MSHCP requirements. DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC CC Reso. No. 2022-75 Page 4 of 6 Section 5: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding IDR No. 2021-04: 1. The Project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The Project is located within Planning Area 3 of the ELSP#11 and has an Action Sports, Tourism, Commercial and Recreation Land Use designation. This designation provides for a wide range of extreme action sports and accessory manufacturing, service and retail uses. The proposed Project is an infill development project that is proposing to expand an existing construction facility, which is supportive and compatible with other intended uses in this designation. The original ELSP and the subsequent amendments were subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is consistent with the General Plan. Further, the proposed commercial Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. The Project is appropriate to the site and surrounding developments. The architectural design of the proposed building complies with the Architectural Guidelines & Development Standards of the ELSP#11 and the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony and compatibility with the surrounding area. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the Project site. In addition, the site design provides safe and efficient onsite circulation. 3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050. Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on May 3, 2022 and reviewed and considered pursuant to Section 17.410.100.G of the LEMC by the City Council on July 12, 2022. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Section 6: That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding Conditional Use Permit No. 2021-06: 1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The project site is located within Planning Area 3 of the ELSP, No. 11 and has an Action Sports, Tourism, Commercial and Recreation Land Use designation. This designation provides for a wide range of extreme action sports and accessory manufacturing, service and retail uses. The project site is located within the Airport Overlay Land Use designation which provides for facilities such as warehouses, storages facilities, maintenance and DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC CC Reso. No. 2022-75 Page 5 of 6 repair facilities, and hangars. The proposed project is an infill development project that proposed to construct new warehouse facilities, which is supportive and compatible with other intended uses in this designation. The original ELSP and the subsequent amendments were subject to a consistency finding with the General Plan prior to adoption. Therefore, the project is consistent with the General Plan. 2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the proposed Project. 3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the Project. 4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site. Under the City’s Traffic Impact Analysis Guidelines, the project is presumed to have less than significant transportation impacts. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on May 3, 2022 and reviewed and considered pursuant to Section 17.410.100.G of the LEMC by the City Council on July 12, 2022, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Section 7: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Council hereby finds that the Project is consistent with the MSHCP and approves Planning Application No. 2021-28 (IDR No. 2021-04 and CUP No. 2021-26). DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC CC Reso. No. 2022-75 Page 6 of 6 Section 8: This Resolution shall take effect immediately upon its adoption. Section 9: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July 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. 2022-75 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of July 12, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: EAA9CC94-3502-40F1-825A-26A1E6291CAC