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HomeMy WebLinkAboutPC Reso No 2019-03 (PA 2018-63, CUP 2018-20, MSHCP)RESOLUTTON NO.2019-03 A RESOLUTION OF THE PLANNING COi,IMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018-63 (CONDTTTONAL USE PERMTT NO. 20r8-20) rS CONSTSTENT wlTH THE WESTERN RIVERSIDE COUNW MULTIPLE SPECIES HABITAT CONSERVATION PLAN (i'SHCP) Whereas, Permit Advisors has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-63 (Conditional Use Permit No. 20,l8-20) for the approval of a Conditional Use Permit to legalize an existing recycling kiosk (Prqect). The Project is located near the intersection of Malaga Road and Mission Trail more commonly known as 32281 Mission Trail, Lake Elsinore, CA. 92530 (APN: 365-280-019); 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 17.168 (Conditional Use Permits) of the LEMC, the Commission has been delegated with the responsibility of making recommendations to the Council 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 COMTUISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the P@ect 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 Citeria Cell. Based upon the site reconnaissance survey there PC Reso. No. 2019-03 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 Specles Associated with Ripaian/Riveine 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 Criteria Cell and therefore the Project was not processed through the City's LEAP and JPR processes. 3. The Project is consistent with the Ripariani Riverine Areas and Vernal Pools Guidelines. The Project is proposing to legatize an existing recycling kiosk which is tocated within the parking lot of an existing commercial center. As such, the Riparian/Riveine Areas and Vernal Pool Guidelines as set fotth 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 not fall within any Nanow Endemic Plant Species Survey Areas. Neither a habitaf assessment nor further focused surveys are requhed 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 Species Survey Areas, Amphibian Species Survey Areas, Bunowing Owl Survey Areas, and Mammal Specles Survey 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 srte rs not within or adjacent to any MSHCP citeia or conservation areas. Therefore, the Urban/1/Vildlands lnterface Guidelines of 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 fotth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project slte is nof 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.2019-03 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 described above, the project complies with all appl ication M SHCP req uireme nts. Section 3: Based upon all of the 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, 20'19, 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. 2019-03 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 ABSTAIN: None SS.