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HomeMy WebLinkAboutPC Reso No 2019-14 (PA 2018-98, RDR 2018-41)RESOLUTTON NO.2019-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 20I8.98 (RESTDENTTAL DESTGN REVTEW NO. 201841) rS CONSTSTENT wlTH THE WESTERN RIVERSIOE COUNW TTIULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Gary Somma have filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-98 (Residential Design Review No. 201 8-41 ) to construct a single-family residence with 1,750 square feet (SF) of total living area, a 420 SF attached two cargarage, a 250 SF front yard patio, and a 600 SF second unit on an approximately 8,125 SF lot (Project). The Project is located near the intersection of W. SumnerAvenue and N. Poe Street and more specifically referred to as Assessor Parcel Number 374-054-018; 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 17.184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying the minor design review; and, Whereas, on April 16, 2019 al 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: ggqllqlj 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 p@ect 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 Prolect is required to be reviewed for MSHCP consistency, including consistency with other'PIan Wide Requirements." The Project site is not located within a MSHCP criteria cell. Based upon the site reconnaissance survey there are no rssues regarding consistency with the MSHCP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Assoc,afed with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the PC Reso. No. 2019-14 Page 2 of 3 yrHqP) and payment of the MSHCp Locat Deveropment Mitigation Fee (section 4 of theMSHCP ordinance). The project site is tocated in a previously disturbed'site, and has nohabitat, including ripaian/riverine areas or vemat pools, presenl 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 Proiect is not tocated within a Cell Criteria and therefore the project wasnot processed through the City's LEAp or JpR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal pools Guidelines. The Proiect cors,sts of constructing a single-family residence and second unit on a lot that h_as been previously disturbed. As such, the Riparian/Riveine Areas and vemat poot Guidelines as set fotth 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 fall within any NEPS Survey Areas. Neither a habitat assessment no r fuftherfocused -surueys are required forthe Project. Therefore, Protection of NE?S Gurdelines as selforth in Section 6.1 .3 of the MSHCp are not applicable to the project. 5. The Project is consistent with the Additionar survey Needs and procedures. The MSHCP only requires additional surveys for certaln species if the project is located incriteria Area specles survey 4 reas, Amphibian specres survey Areas, Bunowing owl surveyAre.as, and Mammal specrbs survey Areas of the MSHCp. The project site i not locatedwithin any of the Critical Species Survey Areas. Therefore, the provisions of MSuCp Section6.3.2 are not applicable. 6. The Project is consistent with the UrbanAlr/ildlands lnterface Guidelines. The Proiect site is not within or adjacent to any MSHCP Criteria Cell or conseruation areas.Therefore, the urbanlwildlands tnterface Guidelines of MSHCp section 6.1 .4 are notapplicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Proiect consists of constructing a single-famity residence on a lot that has been previousty disturbed. There are no resources tocated on the Project site requiring mapping ais set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Proiect site is not within or adjacent to any MSHCP Citeria Cetl or conservation areas. Therefore, the Fuels Management Guidelines of MSHCp section 6.4 are not appticabte. 9. The Project will be conditioned to pay the city's MSHCp Local Development Mitigation Fee. As a condition of Approval, the project wi be required to pay the city's MSHcp Locat PC Reso. No. 2019-'14 Page 3 of 3 Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. The Project cons,sls of constructing a single-family residence, a second unit and a two-car garage on a lot that has been previously disturbed. As described above, the Project complies with all applicable MSHCP requirements. Section 3: Based upon all of the evidence presented, both written and testimonial, the above findings, the Commission hereby finds that the Project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 16th day of April, 2019, by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-14 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of April '16, 2019, and that the same was adopted by the following vote: AYES: Commissioner's Gray, Armit and Klaarenbeek; Vice-Chair NOES: None ABSENT: None ABSTAIN: None ' Development Director and Chairman Ross