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HomeMy WebLinkAboutCC Reso No 2018-035 Planning Application 2016-58 (TTM 37280 RDR 2017-01) (MSHCP)RESOLUTION NO. 2018-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-58 (TENTATIVE TRACT MAP NO. 37280 AND RESIDENTIAL DESIGN REVIEW NO. 2017-01) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Peng Jiang, ANG Designs has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-58 (Tentative Tract Map No. 37280 and Residential Design Review No. 2017-01) for the development of the Lakeview Manor Condominium project (Project). The Project consists of eleven, two-story condominium buildings with 104 units (164,347 sq. ft. total), 242 covered and open parking, landscaped common areas, and a 15,909 sq. ft. outdoor recreation complex that includes a large playground, swimming pool and spa, tennis court, and a 6,918 sq. ft. private community clubhouse on an approximately 7.5 - acre site. The Project also includes a tentative tract map application to consolidate existing parcels into one -7.28 acre lot for condominium purposes. The remaining 0.22 -acre of the site will be dedicated for road right-of-way purposes. The Project site is located on a currently vacant site southeasterly of Machado Street, on the southwesterly side of the intersection of Lakeshore Drive and Gunnerson Street within the Lakeshore Village Specific Plan (LVSP) (APN: 379-230-001); 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 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 Chapter 16.24 (Tentative Map) and Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps and design reviews; and, Whereas, on December 5, 2017, and January 16, 2018, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department (CDD) and other interested parties with respect to this item; and, Whereas, pursuant to Sections 16.24.120 and 17.184.090 of the LEMC, the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for tentative maps and design review applications; and, Whereas, on February 13, 2018, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the CDD and other interested parties with respect to this item. Reso. No. 2018-035 Page 2 of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council 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 Council 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 Wide Requirements." The Project site is located not within a MSHCP Criteria Cell. A MSHCP Consistency Analysis/Habitat Assessment Report was conducted and prepared on July 6, 2017 for the Project by ARCHON Consulting Co. to determine consistency with the MSHCP's requirements, the Protection of Species Associated 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). 2, The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review (JPR) processes. The Project is located within the MSHCP Elsinore Area Plan but is not located in a Criteria Cell Core or Linkage. Therefore, Project was not required to be processed through the LEAP and JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP requires that projects develop avoidance alternatives, if feasible, that would allow for full or partial avoidance of riparian/riverine areas. Per MSHCP Section 6.1.2, no riparian/riverine or vernal pool habitat has been identified on the Project site pursuant to ARCHON Consulting's assessment. Additionally, no direct impacts will occur to habitat for MSHCP-Covered riparian bird species of concern, least Bell's vireo, southwestern willow flycatcher, and western yellowbilled cuckoo, because no suitable habitat exists on site for these species. There are also no vernal pools, stock ponds, or similar closed depressions with habitat and soils suitable for sensitive fairy shrimp species. Thus, the proposed Project is consistent with polices set forth in MSHCP Section 6.1.2 2. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines, The Project site is not located within the MSHCP Narrow Endemic Plant Species Survey Area (NEPSSA); therefore, this section of the MSHCP does not apply to the Project. Thus, the project does not conflict with the policies set forth in MSHCP Section 6.1.3. 5. The proposed Project is consistent with the Additional Survey Needs and Procedures. The Project site is not located within the MSHCP-designated survey area for plants, Reso. No. 2018-035 Page 3 of 4 amphibians, or mammals. The project site is not located in an MSHCP species survey area for the western burrowing owl. Additionally, suitable habitat areas were not present due to the extent of development, land disturbance, and stand of tall mature trees. No evidence of burrowing owl burrows or sign was observed on the Project site. Thus, no focused surveys for burrowing owl are required. The Project is required to conduct a preconstruction surveys for nesting birds will further ensure consistency with MSHCP Section 6.3.2. 6. The Project is consistent with the UrbanNVildlands Interface Guidelines, Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area where applicable. To minimize Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area. The proposed Project is not located within or adjacent to wildland conservation land per MSHCP Section 6.1.4. Thus, the project will not conflict with the policies set forth in MSHCP Section 6.1.4. 7. The Project is consistent with the Vegetation Mapping requirements. Vegetation mapping was conducted as part of the biological surveys conducted on the entire Project Site and is consistent with the MSHCP Section 6.13. Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. MSHCP Section 6.4 required fuel management where development is proposed adjacent to MSHCP Conservation area. The proposed Project is considered infill development and is not located adjacent to any MSHCP Conservation areas. Thus, no further action related to fuels management is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City'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 the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption. Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Reso. No. 2018-035 Page 4 of 4 Passed and Adopted on this 13th day of February 2018. Nat sha Johns May r Att s Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ] I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-035 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 13, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee, Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None J r Susan M. Domen, MMC City Clerk