HomeMy WebLinkAboutPA 2018-78 - Exhibit B MSHCP Resolution (1)RESOLUTION NO. 2020-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT
PLANNING APPLICATION NO. 2018-78 (TENTATIVE PARCEL MAP NO. 37550,
CONDITIONAL USE PERMIT NO. 2018-22 AND COMMERCIAL DESIGN REVIEW
NO. 2018-16) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Roland Clark, Lake Street Properties, LP has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2018-78 (Tentative Parcel Map
No. 37550, Conditional Use Permit No. 2018-22, and Commercial Design Review No. 2018-16)
to subdivide the 14.44-acre site into four (4) parcels ranging in size from 0.54 acres to 11.65
acres. The Project also proposes to construct a 3,528 square foot (SF) convenience store, one
(1) covered fuel canopy with six (6) fuel pumps, which could serve 12 vehicles, and two (2)
underground storage tanks on Parcel 1. An 80,000 SF, single-story indoor recreational vehicle
(RV) and boat storage facility, with 24,000 SF of mezzanine and 192 surface RV parking spaces
partially covered with three (3) canopies with solar panels is proposed on Parcel 2. Parcel 3 will
have a 14-stall parking lot with vehicle access. No development is proposed on Parcel 4.
Hardscape, landscape, on-site stormwater management improvements, monument sign, a trash
enclosure, area lighting, and bicycle parking would be constructed as part of the Proposed
Project. The proposed Project is located at the southeasterly corner of Interstate-15 and Lake
Street (APN 390-130-018); and,
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that
all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition
Process (LEAP) and the 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 cons istency findings
demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell,
and the MSHCP goals and objectives; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.070 (Conditional
Use Permits), Section 17.415.050 (Major Design Review), and Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps, conditional use
permits, and design review applications; and,
Whereas, on February 18, 2020, 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 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:
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1. The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
The Property is located within an MSHCP criteria cell. Pursuant to the City’s MSHCP
Resolution, the project has been reviewed for MSHCP consistency, including consistency with
“Other Plan Requirements.” These include the Protection of Species Associated with
Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow
Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and
Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4),
Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines
(MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance, § 4).
2. The Project is subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) Joint Project Review processes.
The project site is located in Criteria Cells #3751 and #3752. Therefore, a formal and complete
LEAP application, LEAP 2018-02 was submitted to the City on May 30, 2018 and the JPR
application, JPR 18-08-29-01 was submitted to the Regional Conservation Authority (RCA).
The RCA completed the review on April 8, 2019 and found the Project consistent with both
the Criteria and Other Plan Requirements.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The property was assessed for the presence of Riparian/Riverine and Vernal Pool habitats
through an on-site evaluation. As a result of former mining and current reclamation activities,
the site is extensively graded and supports minimal plant and animal life. No drainages,
waterbodies, or other water resources under the regulatory authority of the United States Army
Corps of Engineers (USACE), the California Department of Fish and Wildlife (CDFW) or the
Regional Water Quality Control Board (RWQCB) were observed in the project area.
The rock piles along the Project perimeter and interior are potential habitat for Rock Wren
(Salpinctes obsoletus), which may nest in cavities and crevices in and among the rock piles.
Two Rock Wrens were observed on-site during the survey. Other areas with potential for
nesting birds falls outside Project boundaries. One such area is the Temescal Wash, which is
located along the southern border of the property. The presence of tree snags and various
riparian plants offers suitable nesting habitat for riverine species, including House Wrens
(Troglodytes aedon) and Bewick’s Wrens (Thryomanes bewickii). Both wren species were
detected during the survey. Another potential nesting bird site is within a small grove of
Eucalyptus trees near the northwest corner of the property. This dense stand of trees has the
potential to conceal the nests of large raptors and small songbirds. The conserved area on
the northeast corner of the Project site bears tremendous nesting bird potential, as the
vegetation is dense and is likely to provide ample food sources.
The potential for riverine/riparian species on the Project site does not exist as it is extensively
graded. However, Temescal Wash, which runs along the southern border of the property, has
the potential to support a multitude of riparian species in addition to nesting birds.
As the Project site itself has been graded and is completely devoid of vegetation, it is not
expected that least Bell’s vireo (LBV) will use any portion of it for nesting or foraging purposes.
Temescal Wash runs along the southern border of the Project site, and contains a mixture of
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both unsuitable and potentially suitable habitat for the LBV. Prior surveys near Nichols Road
and Interstate 15 documented the presence of LBV within the Temescal Wash two miles
upstream from the Project site. Unless protocol level surveys demonstrate no presence of
LBV within the Temescal Wash adjacent to the Project site, for the purposes of this analysis,
the potential LBV habitat is being considered as occupied by LBV. As the sections of
Temescal Wash southwest and southeast of the Project site, and the conserved area east of
the Project site, contain potentially suitable LBV habitat, mitigation measures will be
implemented to ensure the protection of the species from adverse impacts stemming from
Project activities.
Field observations did not show any indication of on-site presence of clay soils, hardpan, or
bedrock, which are necessary for vernal pool habitat to be present. The moderately well-
drained soils onsite do not possess the water retention characteristics necessary to form
vernal pools.
Additionally, during surface mining and reclamation activities, the project site was graded to a
relatively flat 5% maximum contour and contains no depressions to allow the formation of
vernal or ephemeral pools The Wildlife Biologist did not observe any depressions, road cuts,
or other non-vernal pool features where water could potentially pool during, and after storm
events. Additionally, the moderately well-draining soils do not provide sufficient depth and
duration for standing water in depressions or ephemeral pools capable of sustaining fairy
shrimp.
Similarly, no evidence of seeps, springs, wet soil from underground sources, or standing water
(i.e. fine-grained soils, mud cracks, etc.) and no depressions to retain standing water with
sufficient depth to sustain branchiopods were observed onsite.
The potential for vernal pools and associated species is minimal to non-existent on the Project
site due the nature of the coarse-grained soil types, and the length of time that the property
has been repeatedly disturbed. There is potential for vernal pools to exist immediately outside
Project boundaries, however no signs of vernal pools or ephemeral pools were observed.
The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool
Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section
of the MSHCP is required.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow
endemic species, and no NEPSSA surveys are required. Additionally, no Narrow Endemic
Plant Species (Munz's onion, San Diego ambrosia, Slender-horned spineflower, Many-
stemmed dudleya, Spreading navarretia, California Orcutt grass, San Miguel savory,
Hammitt's claycress, Wright's trichocoronis) were detected on, or surrounding the Project site.
The on-site habitat does not have the potential to support any of these species, as it has been
repeatedly disturbed for over 20 years. The proposed 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 requires additional surveys for certain species if the project is located in certain
locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3
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(Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey
Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas With Criteria Area),
burrowing owl surveys and surveys for Criteria Area species are required for the subject
property prior to approval of a development proposal.
The property is not located within survey areas for amphibian species (MSHCP Figure 6-3),
burrowing owls (Figure 6-4) or mammal species (MSHCP Figure 6-5) and surveys for those
species are not required.
The property is located within a Criteria Area Species Survey Area (CASSA). No MSHCP
Criteria Area Species (Thread-leaved brodiaea, Davidson's saltscale, Parish's brittlescale,
Smooth tarplant, Round-leaved filaree, Coulter's goldfields, Little mousetail) were observed
on, or surrounding the Project site. These species occur in playa, vernal pool, alkali flat, or
clay soil habitats not present on the property. The habitat immediately surrounding the
Project site is foothill grasslands, chaparral, riparian scrub, and ruderal. The dominant
vegetation types identified along the perimeter and immediately outside the property
boundaries consists of tumbleweed, willow (Salix spp.), eucalyptus (Eucalyptus spp.),
tamarisk (Tamarix spp.), sacred datura (Datura wrightii), California buckwheat (Eriogonum
fasciculatum), sunflower (Helianthus spp.), filaree (Erodium spp.), lettuce (Lactuca spp.),
black mustard (Brassica nigra), and brome grass (Bromus spp.).
However, as a mitigation measure for the proposed Project, the City of Lake Elsinore will
require a pre-construction presence/absence survey for burrowing owl to be conducted within
30 days of the commencement of project-related grading or other land disturbance activities
to ensure that the species has not moved onto the site since completion of the surveys.
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.
Section 6.1.4 addresses potential indirect impacts to the MSHCP Conservation Area via the
Urban Wildland Interface Guidelines. As the Project is urban in nature and is located
immediately west of Western Riverside County Regional Conservation Authority (RCA)
conserved lands, the Project must comply with all MSHCP Urban/Wildland Interface
Guidelines (UWIG) as set forth in Section 6.1.4 of the MSHCP.
7. The Project is consistent with the Vegetation Mapping requirements.
The Project site is intensely disturbed and predominantly consists of extensively graded
alluvium soils. The habitat immediately surrounding the Project site is foothill grasslands,
chaparral, riparian scrub, and ruderal ground. The dominant vegetation types identified along
the perimeter and immediately outside the property boundaries consists of Tumbleweed,
Willow (Salix spp.), Eucalyptus (Eucalyptus spp.), Tamarisk (Tamarix spp.), Sacred Datura
(Datura wrightii), California buckwheat (Eriogonum fasciculatum), Sunflower (Helianthus
spp.), Filaree (Erodium spp.), Lettuce (Lactuca spp.), Black Mustard (Brassica nigra), and
Brome grass (Bromus spp.). This mapping is sufficient under the MSHCP and is consistent
with the MSHCP vegetation mapping requirements.
8. The Project is consistent with the Fuels Management Guidelines.
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The MSHCP acknowledges that brush management to reduce fuel loads and protect urban
uses and public health/safety shall occur where development is adjacent to conservation
areas. The property is adjacent to an MSHCP Conservation Area. One of the scenarios in the
Fuels Management Guidelines is that any new development planned adjacent to a MSHCP
conservation area or other undeveloped area shall incorporate brush management guidelines
in the development boundaries and shall not encroach into MSHCP conservation areas.
Development of the subject site will be required to incorporate building setbacks and
appropriate fire-resistant materials in the design. Fuel modification impacts will not extend into
the Conservation Area and fuel modification zone requirements will be taken into account
when the proposed project is designed. Therefore, the Project is consistent with the Fuels
Management Guidelines as set forth in Section 6.4 of the MSHCP.
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.
Target conservation in Cell Group J, which includes Criteria Cell #3751 and Criteria Cell
#3752, is 75%-85% of the Cell Group focusing in the western and northern portions of the Cell
Group. Conservation within this Cell Group will contribute to assembly of Proposed Core 1.
Conservation within this Cell Group will focus on coastal sage scrub, chaparral, grassland,
riparian scrub, woodland and forest habitat. The project site does not contain coastal sage
scrub, chaparral, grassland, riparian scrub, woodland or forest habitat. Additionally, the
“MSHCP Conserved Lands” GIS layers show that approximately 1,533.8 acres within Cell
Group J have been conserved. This represents 79% of Cell Group J. Therefore, the target
conservation level has already been reached. Therefore, conservation of the project site or
any portion thereof, is not required. The proposed project is consistent with the MSHCP.
Section 3: Based upon the evidence presented, both written and testimonial, and the above
findings, 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 18th day of February, 2020.
Michael Carroll, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 18th day of February, 2020 and that
the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director