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HomeMy WebLinkAboutPC Reso No 2018-10 (PA 2017-39, RDR 2017-15, MSHCP)RESOLUTION NO.20{8.I0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2OI7-39 (RES|DENT|AL DESTGN REVTEW NO. 2017-1s) tS CONSTSTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Sergio Carrero Ortiz has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-39 (Residential Design Review No. 2017- 15) to construct a two-story four-unit apartment complex on an approximately 10,018 sq. ft. vacant lot (Project). Units 1 through 3 will have a 1 ,001 sq. ft. living area, a 218 sq. ft. garage, a 144 sq. ft. private area, and a 40 sq. ft. porch each. Unit 4 will have a 1 ,001 sq. ft. living area, a 218 sq. ft. garage, a 144 sq. ft. private area, a 30 sq. ft. balcony, and a 40 sq. ft. porch. The facility will also provide seven (7) open parking spaces. The Project is located at the southwesterly corner of Graham Avenue and Scrivener Street, and more specifically referred to as Assessor Parcel Number 37 4-231-010; 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) processes 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 criteria cell, and the MSHCP goals and objectives; and, Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 1 7.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying minor design reviews; and, Whereas, on February 20, 2018, 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 l: The Commission 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 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 is not located within a MSHCP criteria cell. Based upon the site reconnaissance survey there are no lssues regarding consistency with the MSHCP'9 other "Plan Wide Requirements." The PC Reso. No. 2018-10 Page 2 of 3 only requirements potentially applicable to the Project were the Protection of Species Assoclated 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). The Project site is located in a previously disturbed site, and has no habitat, including iparian/riveine areas or vernal pools, present on site. 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. As stated above, the Project is not located within a criteia cell and therefore the Project was not processed through the City's LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project cons,srs of the construction of a four-unit apaftment complex on a previously disturbed site. As such, the Riparian/Riverine Areas and Vemal Pool Guidelines as set fotih 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 not fallwithin any NEPS Survey Areas. Neither a habitat assessmenf norfufther focused surveys are required forthe Project. Therefore, Protection of NEPS Guldelrnes as sel fofth 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 certain species if the Project is located in Criteria Area Species Suruey Areas, Amphibian Species Survey Areas, Bunowing Owl Survey Areas, and Mammal Specles 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. Tbhe Project site is not within or adjacent to any MSHCP cell 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. The Project conslsts of the construction of a four-unit apaftment complex on a previously disturbed site. There are no resources located on the Project site requiring mapping as set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project slte rs not within or adjacent to any MSHCP criteria cell or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 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 PC Reso. No.2018-10 Page 3 of 3 Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. The Proiect cons,sts of the construction of a four-unit apartment complex on a previously disturbed slte. As described above, the Project complies with a appticabte MSHC? requirements. Section 3: Based upon all of the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby finds that the Poect is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 20th day of February, 2018, by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS, l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-10 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of February 20, 20'18, and that the same was adopted by the following vote. AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman GrayNOES: None ABSENT: None ABSTAIN: None ' Justin