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HomeMy WebLinkAboutPC Reso No 2019-01 (PA 2019-01, CUP 2018-19 MSHCP)RESOLUTTON NO.2019-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 20{8-62 (CONDTflONAL USE PERMIT NO. 2018-19) lS CONSISTENT WlrH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Permit Advisors has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-62 (Conditional Use Permit No. 201 8-1 9) for the approval of a Conditional Use Permit to legalize an existing recycling kiosk (Project). The Project is located near the intersection of Riverside Drive and Lakeshore Drive more commonly known as 16750 Lakeshore Drive, Lake Elsinore, CA. 92530 (APN: 378-290-016); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a 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 adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Chapter 17.184 (Design Review) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, pursuant to Chapter 1 7. 168 (Conditional Use Permits) of the LEMC, the Commission has been delegated with the responsibility of making final decisions pertaining to conditional use permits; and, Whereas, on February 19, 2019 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 adopting 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 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 I I PC Reso. No.20,l9-01 Page 2 of 3 are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirement potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). 2. The Project is 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 Criteia Cell and therefore the Project was not processed through the City's LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is proposing to legalize an existing recycling kiosk which is located within the parking lot of an existing commercial center. As such, the Ripaian/Riveine Areas and Vernal Pool Guidelines as set fofth in Section 6.1 .2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species (NEPS) Guidelines. The site does not fallwithin any NEPS Survey Areas. Neither a habitat assessmenf norfufther focused suNeys are required for the Project. Therefore, Protection of NEPS Guidelines as set fotth 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 ceftain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species SuNey Areas, Burrowing Owl SuNey Areas, and Mammal Species SuNey Areas of the MSHCP. The Project site is not located within any of the Critical Species Suruey Areas. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanMildlands lnterface Guidelines. The Project sile is nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbanflVildlands lnterface Guidelines ot MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is proposing to legalize an existing recycling kiosk which is located within the parking lot of an existing commercial center. There are no resources located on the Project site, requiring mapping as set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project slfe r.s not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project is consistent with the MSHCP. PC Reso. No. 2019-01 Page 3 of 3 The project consists of legalizing an existing recycling kiosk which is located within the parking lot of an existing commercial center. As descibed above, the project complies with all application MSHCP requirements. Section 3: Based upon all ofthe evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Commission hereby finds that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 19th day of February, 2019, by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-01 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of February 19, 2019 and that the same was adopted by the following vote: AYES: Commissioners Gray, and Klaarenbeek; Vice-Chair Carroll and Chairman Ross NOES: None ABSENT: Commissioner Armit ,.'-) SS. ABSTAIN: None a Justin Kirk, Assistant Comm Development Director Commuf ity Development Director L t -l I