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HomeMy WebLinkAboutPC Reso No 2019-19 (PA2018-91, RDR 2018-37, MSHCP)RESOLUTTON NO.2019-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2018-9I (RESIDENTIAL DESTGN REVTEW NO. 2018-37) tS CONSTSTENT wlTH THE WESTERN RIVERSIOE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Jose and Maria Vasquez have filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-91 (Residential Design Review No. 2018- 37) to construct a single-family residence with 2,597 square feet (SF) of total living area, a 450 SF attached two car garage, a 360 SF covered patio, an 84 SF front porch and related improvements on an approximately 7,400 SF lot (Project). The Project is located near the intersection of Rolando Road and Mountain Street and more specifically refened to as Assessor Parcel Number 389-434-018; 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 'l 7.184 (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 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 t 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's other "Plan Wide Requirements." The only requirements potentially applicable to the PAed were the Protection of Specles t PC Reso. No. 2019-19 Page 2 of 3 Associated with Riparian/Riveine Areas and Vemal 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 ripaianhiverine areas or vemal 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 Cell Criteria and therefore the Project was not processed through the City's LEAP or JPR processes. 3. The Project is consistent with the Ripariani Riverine Areas and Vernal Pools Guidelines. The Project corsisls of constructing a single-family residence and second unit on a lot that has been previously disturbed. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth 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 nor further focused surveys are required for the Project. Therefore, Protection of NEPS Guidelines as set forth 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 ceftain species if the Project is located in Criteria Area Species Suruey A reas, 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 Urban/Vvildlands lnterface Guidelines. The Project s,te is /,of within or adjacent to any MSHCP Criteria Ceil or conservation areas. Therefore, the Urbantl/Vildlands lntertace Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project consists of constructing a single-family residence on a lotthat has been previously disturbed. 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 site is 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. PC Reso. No. 2019-1 9 Page 3 of 3 As a Condition of Approval, the PAed 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. The Project cons,sts of constructing a single-family residence and a two-car garage on a lot that has been previously disturbed. As descibed above, the Project complies with all ap plicable M SHCP req u i rements. 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 + 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 I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-'t9 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 Canoll and Chairman Ross NOES: None ABSENT: None ABSTAIN: None SS,