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HomeMy WebLinkAboutPC Reso No 2017-47 (PA 2017-15/Massage MSHCP)RESOLUTION NO.2017.47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017.15 (coNDrTtoNAL USE PERMIT NO. 2017-02) lS CONSISTENT WlrH THE WESTERN RIVERSIOE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHcP) Whereas, Zhihong Chen has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-15 (Conditional Use Permit No. 2017-02) to establish a foot and body massage parlor within an existing approximately 1,300 Square Foot (SF) commercial building (Project). The Project is located near the intersection of Mission Trail and Malaga Road and more specifically referred to as 32245 Mission Trail. (APN: 365-280-009); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary prolects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process 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 cell criteria, and the MSHCP goals and objectives; and, Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 17.168 (Conditional Use Permits), the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and, Whereas, on June 20,2017, 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, OETERMINE 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 Consrstency 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 suNey there are no rssues regarding consistency with the MSHCP's other "Plan Wide Requirements." The only requirements potentia y applicable to the Project were the Protection of Species Assoclaled with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development PC Reso. No. 2017 -47 Page 2 of 3 Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site is located in a previously disturbed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As slaled above, the Project is not located within a Criteria Ce and therefore the Project was nol processed through the LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project conslsts of operating out of an existing commercial building on a previously disturbed slte. As such, the Riparian/Riverine 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 Survey Areas. Neither a habltat assessment nor fuiher focused suNeys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set fotth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consrstent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species fffhe Project is located in Criteria Area Species Survey Areas, Amphibian Specles Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Prqect slfe is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the U rban/Vvildlands lnterface Guidelines. The Project srte ls nol within or adjacent to any MSHCP criteria or conseryation areas. Therefore, the UrbantWildlands lnteiace Guidelines ot MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project consisls of establishing a foot and body massage parlor within a suite of an existing commercial building on a previously disturbed site. 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 slle ls not within or adjacent to any MSHCP criteria or conseNation 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. PC Reso. No.2017-47 Page 3 of 3 The Project site is not within or adjacent to any MSHCP Criteria Cell or conseNation areas. The Project does not propose any construction as such no permits are required. '10. The Project is consistent with the MSHCP. The Project conslsis of establishing a foot and body massage parlor within a suite of an existing commercial building on a previously disturbed srte. As described above, the project complies with all application MSHCP requirements. 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 20th day of June, 2017. 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. 2017-47 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting of June 20,2017 , and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman Armit NOES: None ABSTAIN: None ABSENT: None SS, ,2 Adam Armit, Chairman