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HomeMy WebLinkAboutPC Reso No 2016-45 (Peaceful Paws, CUP 2016-04)RESOLUTION NO.2016.45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT CONDITIONAL USE PERMIT NO. 2016-04 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Steve Rawlings, lntegris Development has requested approval of Conditional Use Permit No. 20'16-04 to allow the operation of a pet crematorium and memorial center (Peaceful Paws) within an industrial building currently under construction approximately 9,400 sq. ft. in size ("Project") The subject site is located at the northeast corner of Pasadena St and Hunco Way and more specifically referred to as Assessor Parcel Number 377-120-044: and, WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation PIan (MSHCP) requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsrnore 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 June 7,2016, 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 Plannrng 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 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 PLANNING COMMISSION RESOLUTION NO. 2016-45 PAGE 2 OF 4 Wide Requirements." The Project site is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Assoclated 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). The Project site has is located in a previously approved building currently under construction, 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 Rtverside 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 Prolect is consistent with the Riparian/Riverine Areas and Vernal Pools Gurdelines. The project consists of the placement of a pet crematorium and memorial center within a previously approved industrial building currently under construction. As such, the Riparian/Riveine Areas and Vernal Pool Guidelines as set 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 not fall within any Narrow Endemic Plant Species SuNey Areas. Neither a habitat assessm ent nor furlher focused surveys are required for the Project. Therefore, Protection of Nanow 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 Specles Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Prolect is consistent with the UrbanMildlands lnterface Guidelines. PLANNING COMMISSION RESOLUTION NO. 2016-45 PAGE 3 OF 4 The Project site ls not within or adiacent to any MSHCP criteria or conservation areas. Therefore, the lJrbantWildlands 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 placement of a pet crematorium and memorial center within a previously approved industrial building currently under construction. There are no resources located on the Proiect site requiring mapping as set forth in MSCHP Section 6.3.1. 8 The Project is consistent with the Fuels Management Guidelines The Project siie ls nof within or adiacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not aPPlicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The project consisls of the placement of a pet crematoium and memorial center within a previously approved industrial building currently under construction. The Proiect was required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits for the industrial building. '10. The Project is consistent with the MSHCP. The project conslsfs of the placement of a pet crematorium and memorial center within a previously approved industrial building currently under construction. As described above, the proiect 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. vote: PASSED, APPROVED AND ADOPTED this 7th day of June 2016, by the following PLANNING COMMISSION PAGE 4 OF 4 RESOLUTTON NO. 2016-45 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-45 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of June 2016 and that the same was adopted by the following vote: AYES: Chairman Jordan, Vice Chair Armit, Commissioner Gray and Commissioner Ray NOES: None ABSTAIN: None ABSENT: None )" City of Lake Elsinore Planning Commission Justin J ustin