Loading...
HomeMy WebLinkAboutPC Reso No 2016-82 (PA 201657MDR 2016-11, MSHCP)RESOLUTION NO. 2016.82 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016.57 (RES|DENTIAL DESIGN REVIEW (MINOR DESIGN REVIEW) NO. 2016-11) lS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Moises Villegas, Creative Heights has filed an applacation with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-57 (Residential Design Review (Minor Design Review) No. 2016-11) for the construction of a 2,210 square foot single family residence with a 671 square foot attached garage on an approximately 1.74-acrc lot (Project). The Project is located on the easterly side of Via De La Valle near the intersection of Via De La Valle and Plaza Valenza. (APN: 363-365-027), 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 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 reviewing and approving, conditionally approving, or denying the minor design review; and, Whereas, on December 6, 2016, 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 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 lhe s/te reconnaissance survey there are no lssues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associafed with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Reso No. 2016-82 Page 2 of 3 Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project sfte rs located in a previously disturbed sfte, and has no habitat, including riparian/riverine 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) JPR processes. As sfaled above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a JPR process. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Projecf consisfs of constructing a single family residence on a previously disturbed site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as sef forth in Secfion 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 assessmenf nor further focused surveys are required for the Project. Therefore, Protection of NEPS Guidelines as sef forth in Secfion 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 Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Projecf slte is not located within any of the CriticalSpecies Survey Areas. Therefore, the provisions of MSCHP Sec/ion 6.3.2 are not applicable. 6. The Project is consistent with the UrbanA/Vildlands lnterface Guidelines. The Projecl sife is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands lntefface Guidelines of MSHCP Secflon 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Projecf consists of constructing a Single Family Residence on a previously disturbed site. There are no resources located on the Project site requiring mapping as sef forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Projecf sffe 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. r Reso No. 2016-82 Page 3 of 3 9. The Project will be conditioned to pay the City's MSHCP Locat 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 Project conslsfs of constructing a single family residence on a previously disturbed slle. /s descrlbed 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 shall take effect immediately upon its adoption. Passed and Adopted this 6rh day of December, 2016. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-82 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held on December 6, 20'16 and that the same was adopted by the following vote. )" AYES: NOES: ABSTAIN: None ABSENT: None Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman Armit None Adam Armit, Chairman J ustin