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Home My WebLink AboutPC Reso No 2011-30RESOLUTION NO. 2011 -30 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, Metro PCS (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of a Minor Design Review ( "the Design "), in conjunction with Conditional Use Permit No. 2011 -02, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on a leased portion of property located at 506 West Graham Avenue, at the southwest corner of Graham Avenue and Lindsay Street, and known as Assessor's Parcel No. 374 -251 -014 (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 September 6, 2011. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: PLANNING COMMISSION RESOLUTION NO. 2011- 30 PAGE 2 OF 5 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: 1. 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. 2. 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. No Riparian /Riverine habitat or Vernal Pools exist on the Site. 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. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The cellular antennae panels are proposed on top of a roof of an existing building. There are no sensitive plant species or communities that exist 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 cellular antennae panels are proposed on top of a roof of an existing building. In addition, the project site is not located in an area that requires PLANNING COMMISSION RESOLUTION NO. 2011- 30 PAGE 3OF5 focused and additional surveys under Section 6.3.2 of the MSHCP. Therefore, no further actions are required. 6. The proposed project is consistent with the UrbaniWildlands 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 cellular antenna panels are proposed on top of a roof of an existing building. 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 cellular antenna panels are proposed on top of a roof of an existing building. 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. 10.The proposed project is consistent with the MSHCP. Based upon the project location and 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 6th day of September, 2011. J +� nN � LI�� _� e .' . VMS] M PLANNING COMMISSION RESOLUTION NO. 2011 -30 PAGE 4 OF 5 ATTEST: an PLANNING COMMISSION RESOLUTION NO. 2011- 30 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Robert A. Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -30 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6 th day of September 2011, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE