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HomeMy WebLinkAboutPC Reso No 2016-61 (CUP 2016-15, MSHCP)RESOLUTION NO.2016.61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT CONDITIONAL USE PERMIT NO. 2016-15 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTTPLE SPECTES HABTTAT CONSERVATTON PLAN (MSHCP) Whereas, Brook Eddins, Fundamental Foundations has applied for the establishment of an academic instruction/tutoring center in an existing approximately 11,000 square foot two-story building (Project). The subject site is located at the southwestern corner of Collier Avenue and Crane Street and more specifically referred to as 18421 Collier Avenue. (APN: 377-410-0aB); 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 furlher requires that the City of Lake Elsinore (City) adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives, and, Whereas, pursuant to LEMC Chapter 17.168 (Conditional Use Permits)the Planning Commission of the City has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and, Whereas, on August 16,2016, 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 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 Ctty'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 noissues regarding consistency with the MSCHP's other Plan Wide Requirements. The only requirements potentially applicable to the Project were the Protection of Species Associafed with Riparian/Riverine Areas and Vernal Pool Guidelrnes (Secf ion 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project slfe is located in a previously developed building, and has no habitat, Reso No. 2016-61 Page 2 of 3 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) JPR processes. As sfafed above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a JPR. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Projecf consisfs of the placement of an academic instruction/tutoring center within an existing two-story building on a fully developed site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forlh 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 wrthin any Narrow Endemic Plant Species Survey Areas. Neither a habitat assess/nent nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set fofth 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 cerlain 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 MSHCP. The Projecl sife is not located wtthin any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanAffildlands lnterface Guidelines. The Projecf sife is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbantWildlands lnterface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Projecf consists of the placement of an academic instruction/tutoring center within an existing two-story building on a fully developed site. There are no resources located on the Project site requiring mapping as sef forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project 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. Reso No. 2016-61 Page 3 of 3 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The ProJect consisis of the placement of an academic instruction/tutoring center within an existing two-story building on a fully developed site. The Project does not propose any construction as such no permits are required. 1 0. The Project is consistent with the MSHCP. The Project conslsfs of the placement of an academic instruction/tutoring center within an existing two-story building on a fully developed srte. 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 immediately upon its adoption. Passed and Adopted at a Regular meeting 2016, by the following vote: of the Planning Cgrnmission this 16th day of August, J ustin Ki Principal COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016-61 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of August 16, 2016, and the same was adopted by the following vote: AYES. Commissioner's Ross and Carroll, Vice-Chair Gray; and Chairman ArmitNOES: None ABSTAIN. None ABSENT: CommissionerJordan )" Adam Armit, Chairman -l