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Home My WebLink AboutPC Reso No 2019-11 (WILLIAM LYON HOMES PA 2019-12, MSHCP)RESOLUTTON NO.20t9-1t A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PLANNING APPLTCATTON NO. 2019-12 (RES|DENT|AL DEStcN REVTEW NO. 2019-05 AND VARTANCE NO. 2019-02) tS CONSTSTENT W|TH THE WESTERN R|VERS|DE COUNTY IUIULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, William Lyon Homes has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-12 (Residential Design Review No. 2019- 05 and Variance No. 2019-02) for the design and construction of 75 single-family residential units, preliminary plotting, conceptual wall and fence plan, and related improvements and a variance for Lot 44 to encroach 2.1 ft. into the required 20 ft. setback due to site constraints (Project). The Project is located in Tract Map No. 31920-21 (APN: 371-040-015) of the Summerly Development of the East Lake Specific Plan (ELSP); and, Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary p@ects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the 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 Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter'17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the residential design review; and, Whereas, pursuant to LEMC Chapter 17.172 (Vatiances) the Commission has been delegated with the responsibility of making recommendations to the Council pertaining to variances; and, Whereas, on April 16, 20'19 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 COTUMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: $g!!q[ The Commission has considered the Project and its consistency with the MSHCP prior to recommending that the Council adopt 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 must be reviewed for MSHCP consistency, which shall include an analysis of the Project's consistency with other "Plan Wide PC Reso. No. 2019-1 1 Page 2 of 4 Requirements." The Project is located within the ELSP area. Piortothe City's adoption of the MSHCP, there were a senes of meetings between the County of Riverside, U.S. Fish and Witdlife Seruice, and California Depaftment of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit- tt 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. Pari of the conseNation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set fotth in the following sectlons of the MSHCP: Protection of Specles Associated with Ripaian/Riveine Areas and Vernal Pool Guidelines (MSHCP, S 6.1 2), Protection of Nanow Endemic Plant Species (NEPS) Guidelines (MSHCP, S 6 , 3), Additional Survey Needs and Procedures (MSHCP, S 6.3.2), lJrbanAl,lildlands lnterface Guidelines (MSHCP, S 6 1 4), Vegetation Mapping (MSHCP, S 6.3.1) requirements, Fuels Management Guidelines (MSHCP, S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). The Proiect has been reviewed in light of these sectlons and is corslstent therewith. 2. The Project is subject to the City's LEAP and the County's JPR processes. The Project is located within the MSHCP Elsinore Area Plan but is not located within a MSHCP Criteria Cell. Therefore, the project was not required to go through the LEAP or JPR processes. 3. The Project is consistent with the Ripariani Riverine Areas and Vernal Pools Guidelines. The previously approved ELSP and TTM 31920 was determined to be consistent with the Riparian/Riverine and Vernal 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 consrsfenl with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of NEPS Guidelines. The previously approved ELSP and TTM 31920 was consistent with the Protection of NEPS Guidelines as set forth in Section 6.1 .3 of the MSHCP- The Proiect has not been modified from that which was previously approved under the ELSP and TTM 31920. 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. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP and TTM 31920 was consistent with the Additional Survey Needs and Procedures as set fo rih in Section 6.3.2 of the MSHCP. The Proiect has not been modified from that which was previously approved under the ELSP and TTM 31920, and the entire project slte has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the UrbanMildlands lnterface Guidelines. PC Reso. No. 2019-1 'l Page 3 of 4 The previously approved ELSP and TTM 31920 was consistert with the tJrbanrWildtands lnteiace Gurdelrnes as set forth in section 6.1.4 of the MSHCp. Because the pdect has not been modified from that which was previously approved under the ELSp and TTM 31920, no fufther MSHCP review is necessary and the Project rs consrstent with the tJrban/Witdlands lntefface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP and TTM 31920 was consistent with the Vegetation Mapping requirements as set forth in section 6.3.1 of the MsHcP. Mapping was conducted as part of the biological surveys for the original project. The Project has not been moditied from that which was previously approved and therefore is conslsfent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP and TTM 31920 was consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. The Project site is not within or adjacent to conseNation areas where the Fuels Management Guidelines would be requied. The Proiect has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project overall is consistent with the MSHCP. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16h day of April, 201 9, by the following vote: Justin PC Reso. No.2019-11 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF LAKE ELSINORE ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-11 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of April 16, 20'19, and that the same was adopted by the following vote: AYES: Commissioner's Gray, Armit and Klaarenbeek; Vice-Chair Canoll and Chairman Ross NOES: None ABSENT: None ABSTAIN: None