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HomeMy WebLinkAboutReso 2025-26 - MSHCP Resolution - PA 2021-19RESOLUTION NO. 2025-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT PLANNING APPLICATION NO. 2021-19 (GENERAL PLAN AMENDMENT NO. 2022-01, ZONE CHANGE NO. 2022-02, CONDITIONAL USE PERMIT NO. 2022-17, COMMERCIAL DESIGN REVIEW NO. 2022-12, AND VARIANCE NO. 2025-08) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Guy Selleck, G.E.M. Investments, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-19 (General Plan Amendment No. 2022-01, Zone Change No. 2022-02, Conditional Use Permit No. 2022-17, Commercial Design Review No. 2022-12, and Variance No. 2025-08) to develop the 6.77-acre vacant site in two (2) phases with two (2) new two-story commercial manufacturing warehouse buildings totaling 92,760 square feet. Each building is proposed to be approximately 46,000 square feet and would include mezzanines, offices, and loading docks. The project is located on Grand Avenue and Kathryn Way and includes Assessor Parcel Number 371-150-017; 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; 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; Whereas, pursuant to Lake Elsinore Municipal Code (LEMC), Section 17.415.020 (General Plan Amendments), Section 17.415.040 (Zoning Amendments), Section 17.415.070 (Conditional Use Permits), Section 17.415.050 (Major Design Review), Section 17.415.080 (Variances), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to general plan amendments, zone changes, conditional use permits, design reviews, and variances; Whereas, on October 21, 2025, 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: 1. The Project is a project under the City’s MSHCP Resolution, and the City must make an Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6 PC Reso. No. 2025-26 Page 2 of 6 MSHCP Consistency finding before approval. Approximately 4.28 acres of the project site 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. Approximately 4.28 acres of the project site is located in Criteria Cell 5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2022-02 was submitted to the City on January 12, 2022.The JPR application, JPR 22- 03-11-01 was submitted to the Regional Conservation Authority (RCA). The RCA completed the review on August 19, 2022 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. On November 22, 2021, Hernandez Environmental Services conducted a field survey of the site to determine whether the project site includes riparian/riverine area or vernal pools. The project area does not contain any streams or drainages or riparian habitat. The project site is flat with elevations ranging from 1,272 feet AMSL in the northwest corner to 1,289 feet AMSL, which is above the 1,265 feet AMSL limit of CDFW jurisdiction around Lake Elsinore. No defined bed, bank, channel, or obvious shifts in vegetation that would suggest a drainage feature occur on the site. Furthermore, no vegetation associated with riparian or wetland habitats was found on the site. Therefore, the project site does not contain habitat that may be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside County MSHCP. Due to the lack of suitable riparian habitat on the project site, focused surveys for riparian/riverine bird species listed in Section 6.1.2 of the MSHCP are not warranted. Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate conditions of the west coast and in glaciated conditions of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spr ing but may be completely dry most of the summer and fall. Vernal pools are usually associated with hard clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal depressions usually are dominated by hydrophytic plans, hydric soils, and evidence of hydrology. The entire site was evaluated for the presence of habitat capable of supporting branchiopods. The site was evaluated as described in the USFWS Survey Guidelines for the Listed Large Branchiopods (May 31, 2016). The project area is primarily comprised of sandy loams. The onsite soils do not allow for water pooling on the site for any significant length of time after Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6 PC Reso. No. 2025-26 Page 3 of 6 rain events. No vernal pools, swales, or vernal pool mimics such as ditches, borrow pits, cattle troughs, or cement culverts with signs of pooling water were found on the site. In addition, the site does not contain areas that showed signs of ponding water, hydrophytic vegetation, or soils typical of vernal pools that would be suitable for large branchiopods. 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. Approximately four acres of the project site are located within the Narrow Endemic Plant Species Survey Area (NEPSSA). The species in this survey area include the following Narrow Endemic Plant Species: Munz's onion (Allium munzii), San Diego ambrosia (Ambrosia pumila), Many-stemmed dudleya (Dudleya multicaulis), Spreading navarretia (Navarretia fossalis), California Orcutt grass (Orcuttia californica), Hammitt's clay-cress (Sibaropsis hammittii), and Wright's trichocoronis (Trichocoronis wrightii). On November 22, 2021, Hernandez Environmental Services conducted a field survey of the site to determine whether the project site contains suitable habitat for narrow endemic plant species. It was determined that the project site is continually disturbed by the use of motor vehicles and the storage of large materials. No suitable habitat for the above-listed Narrow Endemic Plant Species is present on the site. 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 (Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey Areas with Criteria Area), and 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. Criteria Area Species The species in this survey area include the following Criteria Area Species: San Jacinto Valley Crownscale (Atriplex coronata var. notatior), Parish's brittlescale (Atriplex parishii), Davidson's saltscale (Atriplex serenana davidsonii), Thread-leaved brodiaea (Brodiaea filifolia), Round- leaved filaree (Californica macrophylla), Smooth tarplant (Centromadia pungens ssp. laevis), Coulter's goldfields (Lasthenia galbrata var. coulteri), little mousetail (Myosurus minimus var. apus). Approximately 4.28 acres of the project site are located within the survey area for Criteria Area Species. The above-listed Criteria Area Species were not observed on the Project site during the November 22, 2021 field survey. Although a very small amount (0.01 acre) of Traver soils, which are known to retain moisture, are mapped within the northern portion of the site, this area consists of a slope containing artificial fill and debris. It was determined that suitable habitat for these species does not exists on the Project site. Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6 PC Reso. No. 2025-26 Page 4 of 6 Burrowing Owl A burrowing owl (Athene cunicularia) habitat assessment was conducted by Hernandez Environmental Services during its November 2021 field survey of the project site. The habitat assessment conducted for this species found that the project site is continually disturbed by the use of motor vehicles on site. No suitable habitat is present on the site due to the lack of small mammal burrows and manmade structures that could be utilized as burrows, such as earthen berms; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement. No suitable burrowing owl habitat occurs on site. This species is not present. Nevertheless, 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 including vegetation clearing, clearing and grubbing, tree removal, or site water, to ensure that the species has not moved onto the site since completion of the surveys. If burrowing owl have colonized the property site prior to the initiation of construction, the Project proponent shall immediately inform the Wildlife Agencies and the RCA, and prepare a Burrowing Owl Protection and Relocation Plan for approval by RCA and the Wildlife Agencies, prior to initiating ground disturbance. Additionally, if ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will again be necessary to ensure burrowing owl have not colonized the site since it was last disturbed. If burrowing owl are found, the same coordination described above will be necessary. 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 near the 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. On November 22, 2021, Hernandez Environmental Services conducted a field survey of the project site. The field survey identified plant and animal species found on the project site. The project site contains approximately 0.05 acre of habitat dominated by Tamarisk (Tamarix sp.). This habitat is located at the northwest corner of the site. The project site contains approximately 6.71 acres of habitat classified as disturbed. These areas are graded and predominantly unvegetated. The only vegetation present within these areas includes scattered ornamental trees including tree of heaven (Ailanthus altissima) and gum tree (Eucalyptus sp.). This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements. Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6 PC Reso. No. 2025-26 Page 5 of 6 8. The Project is consistent with the Fuels Management Guidelines. Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP Conservation Area or other undeveloped lands incorporate any fuel/brush management zones and Best Management Practices. The Project will required to incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development pursuant to regulatory and/or County requirements. 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. Approximately 4.28 acres of the project site is located in the southern portion of Criteria Cell 5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). The balance of the project site is not located within either a criteria cell or Subunit 3. Target conservation in Criteria Cell 5038 will range from 35%-45% of the Cell focusing in the eastern central portion of the Cell. Conservation within this Cell will focus on grassland habitat. Areas conserved within this Cell will be connected to grassland habitat proposed for conservation in Cell #5036 to the east. The project site does not contain the grassland habitat sought for conservation in Criteria Cell 5036. Further, the site is not located within the eastern central portion of Criteria Cell 5038 which would provide a connection to Criteria Cell 5036 to the east. Therefore, conservation of the project the site would not contribute to the conservation goals of the Criteria Cell due to the absence of grassland habitat with connectivity to grassland habitat within Criteria Cell 5036 to the east. 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 21st day of October, 2025. John Gray Chair Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6 PC Reso. No. 2025-26 Page 6 of 6 Attest: ___________________________________ Damaris Abraham Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-26 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on October 21, 2025, and that the same was adopted by the following vote: AYES: Commissioners Devor, Pease and Peters; and Chair Gray NOES: None ABSTAIN: None ABSENT: Vice Chair Carroll Damaris Abraham Community Development Director Docusign Envelope ID: 8C7A38DA-22E8-4833-B849-942CC513C8F6