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HomeMy WebLinkAboutPC Reso No 2009-60BRESOLUTION NO. 2009-60B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL PROJECT NO. 2009-02 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Carl Johnson, Lake Elsinore 1 L.P., filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of five (5) industrial/warehouse buildings totaling 39,445 square feet on 2.62 acres of vacant land ("the Project"), which will be located at the northwest corner of Pasadena Street and Central Avenue at APN 377-120-059 (the "Site"); and WHEREAS, the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, Section 6.0 further requires that development projects within or outside of a 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, 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 making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; 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 December 1, 2009. 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 Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2009-60B PAGE 2 OF 5 SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the Project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, is not located within an MSHCP criteria cell. The Project was reviewed and found consistent with the following "Plan Wide Requirements" Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but is not located within a Criteria Cell. As such, the Joint Project Review process was not required. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. Surface vegetation no longer exists on this Site. The entire Site is bare ground without natural or remnant inclusions of native vegetation. Natural watercourses are not present at the Site. And, no other kinds of aquatic features are present (i.e. wetlands, vernal pools and swales, vernal pool-like ephemeral ponds, stock ponds, etc.). As such, there are no impacts to riparian/riverine areas, vernal pools or fairy shrimp. The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. According to a Narrow Endemic Plant Species and Burrowing Owl Habitat Assessment report prepared by Principe and Associates, the Site is highly disturbed and denuded of all vegetation. There is no suitable habitat present on the project Site for Narrow Endemic Plant Species. As such, the Project is therefore consistent with Section 6.1.3 of the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2009-60B PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. The Site is highly disturbed and denuded of all vegetation. A Burrowing Owl and Habitat Suitability Survey was conducted on the Site. The results of the Burrowing Owl and Habitat Suitability Survey are contained in the Narrow Endemic Plant Species and Burrowing Owl Habitat Assessment Report (the `Report') prepared by Principe and Associates and the findings contained in the Report are incorporated herein by this reference. During the field surveys, Burrowing Owls were not observed. Neither critical habitat features (i.e. functional rodent or other burrows for roosting or nesting) nor diagnostic signs (i.e. molted feathers, cast pellets, prey remains, eggshell fragments, or excrement) were discovered at or near a burrow entrance. It was determined that there is no suitable habitat present on the Project Site for Burrowing Owl. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Site is substantially surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed. As such, the Urban Wildlands Interface Guidelines are not applicable to the proposed Project. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within an MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Project is consistent with the Fuels Management Guidelines. 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. For the foregoing reasons, the Project is consistent with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2009-60B PAGE 4 OF 5 SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt 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 1St day of December 2009, by the following vote: J' my Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-60B 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. 2009-60B was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 15t day of December 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 Tom Weiner Director of Community Development