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HomeMy WebLinkAboutPC Reso No 2016-05 (VAN DAELE HOMES-RDR 2015-05, MSHCP)RESOLUTION NO.2016-05 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 RESIDENTIAL DESIGN REVIEW NO. 2015.05 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Van Daele Homes, has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2015-05 for the construction of a 64 single-family detached residential development and associated improvements for property located within Tract 31920-13 of the summerly development of the East Lake Specific Plan Amendment No. 6 (the "Project"); 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 ofthe 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 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, the East Lake Specific Plan Amendment No. 6 is partially covered by two distinct MSHcP criteria cells: approximately three (3) acres of the East Lake specific Plan Amendment No. 6 are within cell 4846 and approximately three tenths (0.3) of an acre are within cell 4937; and WHEREAS, the Project site within the boundaries of East Lake Specific plan Amendment No. 6 that are covered by the aforementioned cell sites; and WHEREAS, on January 5,2016, 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. 2016.05 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 must be reviewed for MSHCP consistency, which review shall include an analysis of the project,s consistency with other "Plan Wide Requirements." The project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSp Amendment No. 6 area. Prior to the City's adoption of the MSHCp, there were a serles of meetings between the County of Riverside, U.S. Flsh and Wildlife Service, and Califomia Department of Fish and Game to drscuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistenily with the MSHC? and with fhe U.S. Army Corps of Engineers Secfion 404 permit. lt was determined that a target acreage of 770 acres was wananted for MSHCp conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "ptan Wide Requirements" set forth in the following secfions of the MSHCp: protection of Species Associated with Riparian/Riverine Areas and Vernal pool Guidelines (MSHCP, S 6.1.2), Protection of Narrow Endemic Plant Species Guidetines (MSHCP, S 6 7 3,), Additional Survey Needs and Procedures (MSHCp, g 6.3.2), Urban/Wildlands lnterface Guidelines (MSHC?, S 6.1 4), Vegetation Mapping (MSHCP, S 6.3., requirements, Fuels Management Guidetines (MSHCP, $ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, g 4). The Project has been reviewed in tight of fhese secllons and ls consisle nt therewith. The Project is subject to the City's LEAP and the County's Joint project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set asrde for conservation. The Project has not been modified and was paft of the overall ELSP which has been determined to be consistent with the MSHCP. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. ) aJ. PLANNING COMMISSION RESOLUTION NO. 2016.05 PAGE 3 OF 5 The previously approved ELSP Amendment No. 6 was determined to be consislenf with the Ripaian/Riverine and Vemal Pool Guidelines as set forth in Section 6.1 .2 of the MSHCP. The scope and nature of the project have not been modified from that which was previously approved and is therefore conslsfenf with the Ripaian/Riverine Areas and Vernal pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic plant 5. Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Nanow Endemic Plant Species Guidelines as set forth in Secllon 6.1.3 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No.6. Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. lt is for these reasons that the Project is consistent with the aforementioned guidelines. The Project is consistent with the Additional Survey Needs and procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as sef forth in Section 6.3.2 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is conslstent with the Additional Survey Needs and Procedures of the MSHCp. The Project is consistent with the UrbanA/r/ildlands lnterface Guidelines, The previously approved ELSP Amendment No. 6 was conslslenf with the UrbantWildlands lnterface Guidelines as set forth in Section 6.1.4 of the MSHCP. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no fufther MSHC? review is necessary and the Project is conslstenf with the lJrban/Witdlands lnterface Guidelines. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP Amendment No.6 uzas consisfe nt with the Vegetation Mapping requiremenls as sef fo rlh in Section 6.3.1 of the MSHC?. Mapping was conducted as part of the biological surveys for the originat project. The Project has not been modified from that which was previously approved and therefore is conslsfenf with the Vegetation Mapping requirements. b. 7. PLANNING COMMISSION RESOLUTION NO. 2016-05 PAGE 4 OF 5 B. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No.6 uzas consisle nt with the Fuels Management Guidelines as set fotth in Section 6.4 of the MSHCp. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. L The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSp area which has previously been determined to be consistent with the MSHC?. 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 January 2016, by the following vote: City of Lake Elsinore Planning Commission PLANNING COMMISSION PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE RESOLUTION NO.2016.05 l, Justin Kirk, Senior Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-05 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5th day of January 2016, and that the same was adopted by the following vote: )* AYES: NOES: ABSTAIN: NONE ABSENT: NONE CHAIRMAN JORDAN, VICE CHAIR ARMIT, COMMISSIONER GRAY COMMISSIONER FLEMING, COMMISSIONER RAY NONE