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HomeMy WebLinkAboutPC Reso No 2017-76 (Brian Moeing, Vantage, MSHCP)RESOLUTTON NO.2017-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSTNORE, CAL|FORN|A" F|ND|NG THAT PLANNTNG APPLTCATTON NO. 2016-46 (coNDtTtoNAL USE PERMTT NO. 2017-08) rS CONSTSTENT WrrH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MsHcP) Whereas, Brian Moening, Vantage Auctions, lnc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-46 (Conditional Use Permit No. 2017-08) to establish a heavy construction equipment auction facility. The facility will conduct up to six (6) auctions per year. The facility currently has two (2) sales trailers (720 sq. ft. and 576 sq. ft. each), a 25 sq. ft. security check-in shed, a food vendor, a shop area that includes three (3) containers, a 2,4OO sq. ft. removable viewing tent, and customer parking area. Future improvements proposed for the site include an approximately 3,000 sq. ft. building, stadium seating with a canopy, and on-site and off-site road improvements. (Project). The Project is located northerly of Flint Street, southerly of Minthorn Street, easterly of Chaney Street, and westerly of Poe Street and more specifically referred to as 521 Silver Street. (APNs: 377-160- 018,023,026, 377-180-030,054, and 057); 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) process to analfze 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 October 3, 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 ORDER AS FOLLOWS: Section 1: The 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 Commission makes the following findings for MSHCP consistency: 1. The Poect is a project under the City's MSHCP Resolution, and the City must make a 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 Criteria Ceil. Based upon the slte reconnaissance suNey there are no issues regarding consistency with the MSHCP's other 'Plan Wide Requiements." The only requirements potentially applicable to the Project were the Protection of Specles Associated with Riparian/Riverine Areas and Vernal Pool PC Reso. No. 2017-76 Page 2 of 3 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 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 not subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As stafed above, the Project is not located within a Criteria Cell and therefore was not required to go through the LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project site has been completely disturbed by a prcvious mining operation. No grading activity is proposed with this Project. Only temporary structures such as sales trailers, sheds, and temporary tents are proposed and only minor afterations of the land will occur. 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 (NEPS) Guidelines. The site does nol fall within any NEPS Survey Areas. Neither a habitat assessment nor fufther focused swveys were required for the Project. Therefore, Prctection of NEPS Gurdel,nes 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 certa,n specles if the Project is located in Criteria Area Specles Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site 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 UrbanMildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP Criteria Cell or conseruation areas. Therefore, the UrbanMildlands lnterface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project site has been completely disturbed by a previous mining operation. No grading activity is proposed with this Project. Only temporary structures such as sa/es frar,Ters, sheds, and temporary tents are proposed and only minor alterations of the land will occur. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is notwithin or adjacent to any MSHCP Criteria Cell or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. Project will be conditioned to pay the City's MSHCP Local Development Mitigation9. The Fee. As a Condition of Aooroval. the Proiect will be reauired to Dav the Citv's MSHCP Local PC Reso. No. 2017-76 Page 3 of 3 Development Mitigation Fee at the time of ,ssuarce of building permits. 10. The Project is consistent with the MSHCP. The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. 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 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 3d day of October, 2017, by following vote. STATE OF CALTFORNTA ) COUNTY OF RIVERSIDE ) ss. clTY oF LAKE ELSTNORE ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-76 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of October 3 , 2O17 , and that the same was adopted by the following vote: AYES: Commissioner Carroll, Vice-Chair Ross; and, Chairman Gray NOES: None ABSENT: Commissioner Armit and Commissioner Klaarenbeek ABSTAIN: None