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Home My WebLink AboutPC Reso No 2015-27 (Pardee Homes-ZC)RESOLUTION NO.2015.27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING ZONE CHANGE NO. 2014-O1, TENTATIVE TRACT MAP 36682, AND RESIDENTIAL DESIGN REVIEW NO.2OI4-OI LOCATED ON THE SOUTH SIDE OF HOLLAND ROAD, EAST OF HERMOSA DRIVE AND ON THE NORTH SIDE OF CORSON AVENUE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF CONSISTENCY wlTH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes, filed applications for Zone Change No. 2014-01, Tentative Tract Map 36682, and Residential Design Review No. 2014-01, also referred to as Meadow Ridge ll, (the "project") with the City of Lake Elsinore for a residential subdivision of 20.2+ acres of unimproved property located on the south side of Holland Road, east of Hermosa Drive and on the north side of Corson Avenue (APN 358-130- 020); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 fu(her requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and wHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Zone Changes, the subdivision of land and residential design reviews; and WHEREAS, on April 7, 2015 al 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. PLANNING COMMISSION RESOLUTION NO. 2015.27 PAGE 2 of 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP for Zone Change No. 2014-01, Tentative Tract Map 36682, and Residential Design Review No. 20'14-01. SECTION 2, That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP, Findings for adoption have been made as follows: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency Finding before approval. The proposed project includes a zone change, tentalive tract map and residential design review that require a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the prcject has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These includo the Prctection of Species Associated with Riparian/Riveine Areas and Vemal pool Guidelines (MSHCP, Section 6.1.2), Protection of Nanow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Uhanlwildlands lnteiace Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5.1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Dovelopment Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Cdtena Cell area, therefore, no formal LEAP submiftal was required. However, the proiect is still required to demonstrate compliance with "Other Plan Requirements." The proiect is in compliance as descibed fudher below. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project sife does not contain areas defined by the MSHCP as riparian/iverine and does not contain vemal pools. Thercfore, this section of the MSHCP is not applicable to lhe projecL 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. PLANNING COMMISSION RESOLUTION NO. 2015-27 PAGE 3 of 5 The proposed project site is not located within the Nanow Endemic Plant Specles Survey Area (NEPSSA) as shown on Figure 6-1 of the MSHCP. As such, the project is compliant with MSHCP Section 6.1.3. 7. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional suveys for certain species if the project is located in CASSA, Amphibian Specles Survey Area with Citical Area, Bunowing Owl Suruey Areas with Citeia Area, and Mammal Species Survey Areas with Citeria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed duing the focused surveys for the site. The proposed project is located within the survey area identified for the bunowing owl. Bunowing owl surveys were conducted for the proiect site which resulted in findings of one unpaired bunowing owl, bunowing owl sign and two active burrows. Because the project site is /ess fhan 35 acres and supports fewer than three pairs of burrowing owls, the bunowing owl was passively relocated conslsfenf with the objectives of the MSHCP (Volume 2, Section B, Birds, Bunowing Ow/ Specrbs Objective 5). Mitigation Measures BIO-1 and Mitigation Measure BIO-2 requires that preconstruction presence/absence suruey for bunowing owls be conducted where suitable habitat is present within 30 days prior to distutbance. ln addition, they require implementation of methods for establishing buffer areas, CDFW notification and repofting, and species relocation from the Burrowing Owl Suruey lnstructions for the Westem Riverside Multiple Specles Conservation Plan in the event Bunowing owls are found. With this mitigation, the project would result in consistency with the MSHCP. Based upon the above, it can be concluded that the proposed proiect is consisfent with the provisions of the MSHCP. The proposed project is consistent with the UrbanMildlands lnterface Guidelines. The MSHCP lJrbanrWildland lntefiace Guidelines are intended to address indirect effecfs assoclated with locating development in proximity to the MSHCP Conservation Area. lndirect impacts to the off-site potential Conservation Area are dlscussed above under ltem 4a, b for the following issues: Drainage, Toxics, Lighting, Noise, lnvasive species, Baniers, and Grading/Land Development. The project is not located in the vicinity of an MSHCP Conservation Area. As indirect Meadow Ridge ll at Canyon Hills effects to an MSHCP Conservation Area are not anticipated, the project would be consistent with this section of the MSHCP. The proposed project is consistent with the Vegetation Mapping requirements. 5. 6. PLANNlNG COMMISSION RESOLUTION NO. 2015-27 PAGE 4 of 5 Vegetation mapping was conducted as part of the biological suveys conducted on the entire Project Site and ls conslstent with the MSHCp Section 6.3.1 Vegetation M appi ng req ui rements. 8. The proposed project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCp are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The project is not located in the vicinity of an MSHCP Conservation Area. As such, the Project is conslstenf with the Fuels Management Guidelines. 9. The proposed project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Loca! Development Mitigation Fee. 10. The proposed project overall is consistent with the MSHCP. The Project ls consisfenf with all applicable provisions of the MSHCP. No fufther actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that Zone Change No. 2014-01, Tentative Tract Map 36682, and Residential Design Review No. 2014-01 are consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of April 2015, by the following vote: ATTEST: Elsinore Planning Commission Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015-27 PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015-27 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of April 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMTT COMMISS]ONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE )* Planning Manager