Loading...
HomeMy WebLinkAboutPC Reso No 2017-03 (PA 2016-41, CUP 2016-19, CDR 2017-01, MSHCP)RESOLUTION NO. 2017.03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKEELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION 20{6.41(CONDITIONAL USE PERMIT 2016.00019 AND COMERCIAL DESIGN REVIEW 2017- OOOO1) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) whereas, Hansen Ivlccoy Investments, LLC for the approval of building design plans for an approximately 2,263 SF outdoor dining patio and the establishment of alcohol salel in the outdoor dining patio. The proposed Project is located at 169 N. Main Street, generally located at the 3OO,-0" northeast of intersection of North Main Street and West Peck Street and more specifically referred to as APNs 374-173-006 and 374-173-011, and, whereas, section 6.0 of the 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 adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHp cell criteria, and the MSCHP goals arid objectives; and, whereas, pursuant to Downtown Master Plan (DMp) section 1.2.g (Review of prolects) the Planning commission (commission) has been delegated with the responsibrlity of making reviewing and taking action on conditional use permits and Design Review applicaiions; and. whereas, on January 17 , 2017 , 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 OROER AS FOLLOWS: Section 1. The Commission has considered the Project and its consistency with the MSHCp prior to recommending that the City Council (Council) adopt 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 underthe City's MSHCP Resotution, and the City must make an I\/SHCP 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 sfte /les ls not located within a MSHCP Criteria Cell. Based upon the site reconnaissance suNey there are no lssues regarding consistency with the MSCHP'S other "Plan Wide Requirements." The only requirements potentialty applicable to the Project were the Protection of Specles Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHC?) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the l 2 MSHCP Ordinance). The Project sffe has is located adjacent to the tnterstate 1S freeway, and has no habitat present on site, including riparian/riverine areas or vernal pools. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As sfated above, the Project is not tocated within a Criteria Cell and therefore the Project was not processed through the City's LEA? and a JpR. The Project is consistent with the Riparian/Riverine Areas and Vernal pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal poot/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Poot Guidelrnes as set forth in Section 6.1.2 of the MSHCP are not applicable. The Project is consistent with the Protection of Narrow Endemic Plant Species (NEPS) Guidelines. The site does not fall within any NEPS Survey Areas. Neither a habitat assessmenf nor futther focused suNeys are required for the Project. Therefore, Protection of NEPS Guidelines as sef forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 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 Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHC7. The Proiecl sife is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP section 6.3.2 are not appricabre. The Project is consistent with the UrbanAffildlands lnterface Guidelines. The Proiecf srTe is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbantWildlands lntefface Guidelines of MSHCP Section 6.1.4 are not applicable. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as sef forth in MSCHP Secfion 6.3.1. The Project is consistent with the Fuels Management Guidelines. The Proiecf site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. The Project will be conditioned to pay the city's MSHCP Local Development 4 5. I 9. -l 7 Mitigation Fee. As a Condition of Approval, the Proiect will be required to pay the Crty's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. 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 from and after the date of its passage and adoption. Passed and Adopted this '17th day of January 2017. Adam Armit. Chairman srArE oF cALTFoRNtA \ ^^couNTY oF RIVERSIDE r DD CITY OF LAKE ELSINORE J l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-03 was adopted by the Planning Commission of the City of Lake Elsinore, California at a Regular meeting held of January 17,2017, and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll, Klaarenbeek; and Vice-Chair Gray NOES: None ABSTAIN: None ABSENT: Chairman Armit Justin