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HomeMy WebLinkAboutPC Reso No 2019-38 (Duplex, MSHCP)RESOLUTTON NO.20r9-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2018-26 (RESTDENTTAL DESTGN REVTEW NO. 2018-12) rS CONSTSTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Erick Simon has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No 2018-26 (Residential Design Review No. 2018-'12) to construct a residential duplex with 3,970 square feet (SF) of total living area, two (2) 456 SF attached two car garages and related improvements on an approximately 7,125 SF lot (Project). The Project is located near the intersection of Kellogg Street and Pottery Street and more specifically referred to as Assessor Parcel Number 374-041-030; 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. 1 84 (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 June 18,2019 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, OETERMINE AND OROER 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 Project site is not located within a MSHCP criteria cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSHCP's other'Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Assoc,ated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the PC Reso. No. 2019-38 Page 2 of 3 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 iparian/riveine 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) JPR processes. As stated above, the Project is not located within a Cell Criteia and therefore the Project was not processed through the City's LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project cons,sfs of constructing a residential duplex on a lot that has been previously disturbed. As such, the Riparian/Riverine Areas and Vemal 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 Nanow Endemic P/ant Species Survey (NEPSS) Areas. Neither a habitat assessment nor fufther 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 Poect 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 Specles Survey 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 UrbanMildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP Criteria Cell or conseruation areas. Therefore, the Urban/Wildlands lnteiace Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project conslsts of constructing a residential duplex on a lot that has been previously disturbed. There are no resources located on the Project site requiring mapping as set fotth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site rs not within or adjacent to any MSHCP Criteria Cell or conseruation areas. Therefore, the Fuels Management Guidelines ot 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. 2019-38 Page 3 of 3 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 co,sists of constructing a residential duplex on a lot that has heen previously disturbed. As described above, the Project complies with all applicable MSHCP requirements. Section 3: Based upon atl of the evidence presented, both written and testimonial, the above findings, the Commission hereby finds that the Project is consistent with the MSHCP. $9!!4[ This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 18th day of June, 2019, by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-38 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of June 18, 2019, and that the same was adopted by the following vote: AYES: Commissioner's Gray and Klaarenbeek; NOES: None ABSENT: Commissioner Armit ABSTAIN: None Assistant Development Director SS. and Chairman