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HomeMy WebLinkAboutPC Reso No 2016-37 (Recreational Uses-MSHCP)RESOLUTION NO.2016.37 ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT CONDITIONAL USE PERMITS NO. 2016-08, 09, 10, 11, 12, AND,I3 ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABTTAT CONSERVATION PLAN (MSHCP) WHEREAS, the City of Lake Elsinore approval of Conditional Use Permit Nos. 2016-08, 09, 10, 11, 12, AND 13, to permit vanous recreational uses consistent with Chapter 17.104 of the LEMC within City operated recreational facilities located he Old City Boat Launch Facility, the Seaport Boat Launch, Elm Grove Beach, Lowell Street Fishing Beach, Whiskers Fishing Beach, and La Laguna Resort and Boat Launch. These facilities are located generally ad.jacent to Lake Elsinore and are more specifically referred to as APNs 374-291-004 374-301-008, 374-292-006,374-302-002,374-292-005,374- 311-020,374-292-004,374-292-003,374-302-001 ,374-291-007,374-312-023,374-292- 009,374-291-006,374-301-007,375-350-031,375-350-0'16,374-301-006,375-350-032, 374-302-007 ,375-350-015, 374-30'1-005, 375-350-033, 374-302-006, 374-301-004,375- 350-034, 374-302-005,375-350-01 3, 374-301-003, 379-120-007 ,374-302-004,379-120- 008,374-301-002,374-302-003,374-301-001,379-100-015, and 379-100-002; and, WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ('LEAP') and 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 of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on May 3,2016, at a duly noticed public hearing the Planning 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 Planning Commission has considered the Project and its consistency with the MSHCP prior adopting Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission PLANNING COMMISSION RESOLUTION NO. 2016-37 PAGE 2 OF 4 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 MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no lssues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Assoclafed with Riparian/Riverine Areas and Vernal Pool Guidelines (Seclion 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located in a previously developed building, and has no habitat, including riparian/riverine areas or vernal pools, present on site. 2. The Project is not subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project conslsfs of lhe p/acement of recreational uses on fully developed slfes. As such, the Riparian/Riverine Areas and Vernal Pool Guidelrnes as sel forth in Section 6.1 .2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does notfall within any Narrow Endemic Plant Species Survey Areas. Neither a habitaf assessment nor fufther focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1 .3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Specles Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of PLANNING COMMISSION RESOLUTION NO. 2016-37 PAGE 3 OF 4 the MSHCP. The Prolect siles are not located within any of the Critical Specles Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6 The Project is consistent with the UrbauWildlands lnterface Guidelines. The Project slfes are not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Vvildlands lnterface Guidelines of MSHCP Secfion 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The project conslsts of the various recreational uses on fully developed sltes. There are no resources located on the Prqect site requiring mapping as set forth in MSCHP Section 6.3.1. B. The Project is consistent with the Fuels Management Guidelines. The Project slte ls nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Secfion 6.4 are not applicable. L The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The project conslsfs ofrecreafional uses on fully developed sltes. The project does not propose any construction as such no permits are required. 10. The Project is consistent with the MSHCP. The project conslsfs of recreational uses on fully developed slfes. As described above, the project complies with all application MSHCP requirements. SECTION 3. Based upon all of the evidence presented and the above findings, the Planning Commission hereby finds 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 3rd day of May 2016, by the following vote: PLANNING COMMISSION PAGE 4 OF 4 RESOLUTTON NO.2016-37 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-37 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of May 2016 and that the same was adopted by the following vote: AYES: CHAIRMAN JORDAN, VICE CHAIR ARMIT, COMMISSIONER GRAY NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONERRAY )'. helly Jord an, Planning Commission ATTEST: Principal Planner Justin