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HomeMy WebLinkAboutPC Reso No 2017-06 (PA 2016-85, RDR 2016-16, MSHCP)RESOLUTION NO. 2017.06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016.85 (RESTDENTIAL DESIGN REVIEW NO. 2016-16 AND VARIANCE NO. 2016-04) lS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) whereas, Raul cobian, H&R Rentals, LLC has filed an application with the city of Lake Elsinore (city) requesting approval cf Planning Applacation No. 2016-85 (Residential Design Review No. 2016-16 and Variance No. 2016-04) to construct two (2) single family residential units (1,664 square foot (sF) each) on two separate lots that are 5,000 sF each and to vary from the minimum lot size requirement of the zone from 6,000 SF to 5,000 SF (Project). The Project is located on southeasterly side of Kansas Street and southerly of Lakeshore Drive and more specifically referred to as Assessor Parcel Numbers 379-204-001 and 379-214-009, 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 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 cell criteria, and the MSHCP goals and ob.iectives; 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 reviewing and approving, conditionally approving, or denying the mtnor design review; and, whereas, pursuant to LEMC Chapter 17.172 (Yariances) the commission has been delegated wtth the responsibility of reviewing and approving, conditionally approving, or denying variances; and, whereas, on January 17 ,2017, 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 1. 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 Reso No. 2017 -06 Page 2 ol 4 2 4 5. 7. Project site is not located within a MSHCP Criteria Cell. Based upon the sfe reconnaissance survey there are no lssues regarding consistency with the MSHCp's other "Plan Wide Requirements." The only requirements potentially applicable to the project were the Protection of Specles Associated with Riparian/Riverine Areas and Vernal pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Devetopment Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site is located in a previously disturbed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Prolect Review (JPR) processes. As sfated above, the Project is not located within a Criteria Cell and therefore the project was nol processed through the City's LEAP or JPR processes. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project consists of constructing two single family residences on two lots that have been previously disturbed. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set fotlh in Section 6.1.2 of the MSHCP are not applicable. 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 fufther focused suNeys are required for the Prgect. Therefore, Protection of NEpS Guidelines as sel forlh in Section 6.1.3 of the MSHCP are not applicable to the Project. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional suNeys for certain species f the Project is located in Criteria Area Specles Survey Areas, Amphibian Specles Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Project slfe ls nol located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. The Project is consistent with the Urban/Wildlands lnterface Guidelines. The Project sffe ls nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands lnteiace Guidelines ot MSHCP Section 6.1.4 are not applicable. The Pro.ject is consistent with the Vegetation Mapping requirements. The Project consists of constructing two single family residences on two lots that have been previously disturbed. There are no resources located on the Project site requiring mapping as sef forth in MSCHP Section 6.3.1 . 6 Reso No. 2017-06 Page 3 of 4 8. The Project is consistent with the Fuels Management Guidelines. The Projecf sfe is not within or adjacent to any MSHCP criteria 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 Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. The Projecl consisfs of constructing two single family residences on two lots that have been previously disturbed. As described above, the Project complies with all application MSHCP 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 Project is consistent with the MSHCP Section 4. This Resolution shalltake effect immediately upon its adoption. Passed and Adopted this 17th day of January, 2017 . Adam Armit, Chairman Reso No. 2017 -06 Page 4 ol 4 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. 2017-06 was adopted by the Planning Commission of the City of Lake Elsinore. California, at a Regular meeting held of January 17,2017, and that the same was adopted by the following vote. AYES. Commissioner's Ross, Carroll, Klaarenbeek; and Vice-Chair GrayNOES. None ABSTAIN: None ABSENT: Chairman Armit