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HomeMy WebLinkAboutPC Reso No 2015-40 (MSHCP)RESOLUTION NO. 2015.40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 2OO5.O1 AND RESIDENTIAL DESIGN REVIEW NO. 2014.07, LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVESIDE DRIVE, ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peter M. Olah, has filed an application with the City of Lake Elsinore requesting approval of amendments to a previously approved Specific Plan proposing a single-family detached condominium project and building designs for 163 detached condominiums and related improvements located at the northwest corner of Grand Avenue and Riverside Drive (Assessor Parcel Numbers 379-050-006, 379-050-034, 387- 17 0-004, 387-1 70-006, 387-1 80-001, 387-080-003, and 387-080-004) ; and WHEREAS, Section 6.0 of the 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 of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to LEMC Chapter 17.204 (SPD Specific Plan District) the Plannrng Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the approval or denial of the specific plans; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter '17.'184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, on May 5, 2015 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 to recommending that the City Council adopt Findings of Consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2015-40 PAGE 2 OF 5 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 City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site /les ls nof located within a MSHCP Criteria Cell. Based upon the site reconnalssance survey there are no issues regarding consistency with the MSCHP s other "Plan Wide Requirements." The only requirements potentially applicable to the Proiect were the Protection of Species Associated with Ripaian/Riverine Areas and Vernal Pool Guidelines (Sectlon 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located adjacent to the lnterstate 15 freeway, and has no habitat present on site, including riparian/riverine areas or vernal pools. The ProJect is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Proiect Review. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exlst on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as sel forth in Section 6.1.2 of the MSHCP are not applicable. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Specles Survey Areas. Neither a habffal assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic P/anf Specles Guidelines as set forth in Section 6.1 .3 of the MSHCP are not applicable to the Project. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for ceftain species if the Project is located in Criteia Area Species Survey Areas, Amphibian Species Survey 2. 3 4. PLANNING COMMISSION RESOLUTION NO. 2015.40 PAGE 3 OF 5 Areas, Bunowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Project site is not located within any of the Critical Specles Survey Areas. Therefore, the provisions of MSCHP Sectlon 6.3.2 are not applicable. 6. The Project is consistent with the UrbanlWildlands lnterface Guidelines. The Project slfe rs nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands lnterface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. 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 slfe ,s nol within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Sectlon 6.4 are not applicable. 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 all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council find that the Project is 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 5th day of May 20'15, by the following vote: PLANNING COMMISSION RESOLUTION NO. 2015-40 PAGE 4 OF 5 Shelly Jordan, Vice Chair City of Lake Elsinore Planning Commission . q )z/ /-^#4/ Richard X. MacHott, LEED Green Associate ATTEST: PLANNING COMMISSION RESOLUTION NO. 2015.40 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. 2015-40 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5th day of May 2015, and that the same was adopted by the following vote: )." AYES: NOES: ABSTAIN: NONE ABSENT: CHAIRMAN GRAY VICE CHAIR JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, COMMISSIONER RAY NONE Planning Manager