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HomeMy WebLinkAboutPC Reso No 2009-54RESOLUTION NO. 2009-54 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Royal Street Communications LLC (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2009-07, Variance No. 2009-02, and a Minor Design Review @ 422 Rancho Drive (collectively, the "Project'); and WHEREAS, the Developer proposes the Project on a leased portion of property owned by the Eastern Municipal Water District located at 422 Rancho Drive, on the south side of Rancho Drive, east of Pottery Street, and west of the Interstate 15 freeway, on parcels commonly identifiable as Assessor's Parcel Nos. 377-320-005 and - 006 (the "Site"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ('RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP 'Plan Wide Requirements'; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of considering and approving, conditionally approving or denying requests for variances, conditional use permits, and minor design reviews; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 17, 2009. PLANNING COMMISSION RESOLUTION NO. 2009-54 PAGE 2OF5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A General Biological Resources Assessment and Focused Burrowing Owl Survey was prepared for the Site, which included field surveys conducted on July 18, 2009, and revisions to the report dated October 25, 2009. The report revealed that no Riparian/Riverine habitat or Vema/ Pools exist on the Site. It was determined that there are no areas which can retain water and therefore, no potential for fairy shrimp to occur on site. Therefore, the Project is consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. A determination of wetlands and waters subject to jurisdiction of the U. S. Army Corps of Engineers under Section 404 of the Clean Water Act and California Department of Fish and Game under Section 1602 et seq. of the California Fish and Game Code was made on the Site. There are no wetlands or jurisdictional areas within the Project footprint or access roads. Limited raptor nesting and raptor foraging habitat exists within and/or adjacent to the proposed Project. The loss of this habitat is not significant due to the limited amount of `Take." PLANNING COMMISSION RESOLUTION NO. 2009-54 PAGE 3 OF 5 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Assessment reported that no sensitive plant species or communities were observed on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The Focused Burrowing Owl survey indicates that no burrowing owls, sign or potential borrowing owl habitat (i.e. ground squirrel borrows) were detected within the footprint area, zone of influence or access roads. No ground squirrel burrows were detected on site. Requirements for focused and additional surveys under Section 6.3.2 of the MSHCP have been met and no further actions are required. 6. The proposed project is consistent with the UrbaNWildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The Site is disked on a regular basis for weed abatement. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Property encompasses areas that would be subject to the Fuels Management Guidelines, and the site is adjacent to some vacant parcels that may require on-going brush abatement to reduce fire risk. The City has a program in place to address brush abatement when necessary. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. PLANNING COMMISSION RESOLUTION NO. 2009-54 PAGE 4 OF 5 10. The proposed project is consistent with the MSHCP. Based upon Survey findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby adopts findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009. immy Flores, Chairman City of Lake Elsinore ATTEST: oun l~ Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-54 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-54 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of November 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 9M^ Tom Weiner Acting Director of Community Development