HomeMy WebLinkAboutPC Reso 2022-31 PA 2021-026 Ortega Grid CDR 2021-12 Approval Battery Energy Storage SystemRESOLUTION NO. 2022-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO.
2021-12 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR
A 20-MEGAWATT BATTERY ENERGY STORAGE SYSTEM LOCATED AT APN:
377-200-045
Whereas, Ortega Grid, LLC has filed Planning Application No. 2021-026 (Commercial
Design Review No. 2021-012) with the City of Lake Elsinore (City) requesting approval of
Planning Application No. 2021-026 (Commercial Design Review No. 2021-012) proposing to
construct a 20-megawatt battery energy storage system (BESS) on a 1.79-acre site in the C-2
General Commercial zoning district. The project site is located southeast of the intersection of
Camino Del Norte and O Hana Circle (APN: 377-200-045); 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) process
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 the responsibility of
reviewing and approving, conditionally approving, or denying design review applications; and,
Whereas, the proposed project is exempt from the California Environmental Quality Act
(Cal. Publ. Res. Code §§21000 et seq.:“CEQA”) and CEQA Guidelines (14. Cal. Code Regs
§§15000 et seq.), specifically pursuant to Section 15332 (Class 32 – In-Fill Development
Projects); and,
Whereas, on June 21, 2022 and July 19, 2022, 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 project pursuant to
the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore
General Plan (GP), and the LEMC and finds and determines that the proposed project is
consistent with the requirements of California Planning and Zoning Law and with the goals and
policies of the GP and the LEMC.
Section 2: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
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1. The project is not subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
2. The project site does not contain wetland features, riparian/riverine areas, and vernal
pools. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in
Section 6.1.2 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as
set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow
Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The project is consistent with the Fuels Management Guidelines because the project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: The Commission finds that the proposed 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 4: That in accordance with Section 17.415.050.G of the LEMC, the Commission
makes the following findings regarding Commercial Design Review No. 2021-12:
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 proposed development site has a General Plan designation of General Commercial
(GC) and is located within the Business District planning area. The GC designation
provides for retail, services, restaurants, professional and administrative offices, hotels
and motels, mixed-use projects, public and quasi-public uses, and similar and compatible
uses with a maximum 0.40 Floor Area Ratio (FAR). The project is a development proposal
to construct a public utility installation and associated improvements. No habitable floor
area is proposed. Therefore, the project is consistent with applicable general plan policies.
The subject parcel is zoned General Commercial (C-2). In accordance with Section
17.124.020.B of the C-2 zone of the Lake Elsinore Municipal Code (LEMC), all permitted
uses of the C-O district, including Public Utility Distribution and Transmission Facilities
(Public Utilities Installations) pursuant to LEMC Section 17.116.020.O, are permitted in
the C-2 zone. The proposed use is considered a Public Utility Installation and is permitted
in the C-2 zone. Therefore, the project is consistent with the applicable zoning designation
and regulations.
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2. The project complies with the design directives contained in the LEMC and all applicable
provisions of the LEMC.
The proposed development is appropriate to the site and surrounding developments.
Sufficient setbacks and onsite landscaping have been provided thereby creating visual
interest and effective screening of the proposed station and its auxiliary components. In
addition, safe and efficient circulation has been achieved onsite.
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 June 21, 2022 and July 19,
2022. The project as reviewed and conditioned by all applicable City divisions,
departments, and agencies, was found to be consistent with the objectives of Section
17.415.050.
Section 5: Based upon the evidence presented, both written and testimonial, and the
above findings, the Commission hereby finds that the project is consistent with the MSHCP.
Section 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Commercial Design
Review No. 2021-12.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 19th day of July 2022.
John Gray
Chairman
Attest:
___________________________________
Damaris Abraham
Planning Manager
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-31 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held July 19, 2022 and that the same was adopted by the following
vote:
AYES: Commissioners Peters, and Carroll; Vice Chair Dobler; and Chairman Gray
NOES:
ABSENT: Commissioner Klaarenbeek
ABSTAIN:
Damaris Abraham
Planning Manager
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