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HomeMy WebLinkAboutPC Reso No 2018-44 (PA 2018-16, MSHCP)RESOLUTTON NO.20t8-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2OIS-I6(RES|DENT|AL DEStcN REVTEW NO. 2018_06) ts coNstsTENT WTH THE WESTERN R]VERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHcP) whereas, winnie Bi has filed an application with the city of Lake Elsinore (city) requesting approval of Planning Application No. 2018-16 (Residential Design Review No. 2o18-06) to construct a 2,461 sq. ft. two-story primary residence with an attached two-car garage an d a 1,200 sq. ft. two-story second unit with an attached two-car garage an approximatety qzso sq. ft. lot(Project). The Project is located on the northerly side of Heald Avenue, westerly of rownsend Street, and easterly of Matich Street (APN: 374-112-019); 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 ce-ll, and the MSHCP goals and objectives; and, Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 1 7..,lg4 (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 July 17, 2018, 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, DETERTUIINE AND ORDER AS FOLLOWS: $91!!g.l[ 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 MSHC? consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within a MSHCP citeria cell. Based upon the site reconnaissance survey there are ,o ,.ssues regarding consistency with the MSHCP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Assoclated with Riparian/Riverine Areas and Vemal Pool Guidelines (Section 6-1.2 of the PC Reso. No.2018-44 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 ipaian/riverine areas or vemal pools, present on stte- Re 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 criteria cell and therefore the Proiect 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 consrsls of consfructrn g a single-family residence and a second unit on a lot that has been previously distuhed. 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 fallwithin 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 Proiect. :. . ..; 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additionat suweys for certa,n species if the Project is lo,cated in Citeria Area Specles Suruey Areas, Amphibian Specles Suruey Areas, Bunowing Owl Survey Areas, and Mammal Specres Survey Areas of the MSHCP. The Project site is not located within any of the Citical 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 sife rs not within or adjacent to any MSHCP cell citeria or conservation areas. Therefore, the UrbanNVildlands lnteiace Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project cons,sts of corstruct rg a single-family residence and a second unit on a lot that has been previously disturbed. There are no resources located on the Project site, requiring mapping as set fotth in MSHCP Sectlon 6.3. ( r 8. The Project is consistent with the Fuels Management Guidelines. The Project sife rs not within or adjacent to any MSHCP citeia cell or conseruation 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 requhed to pay the City's MSHCP Local L PC Reso. No. 2018-44 Page 3 of 3 Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. The Projecf consisfs of constructing a single-family residence and a second unit on a lot that has been previously disturbed. As described above, the project complies with all applicable MSHCP requirements. Section 3: Based upon the evidence presented, both written and testimonial, and 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 17th day of July, 2018, by the following vote: STATE OF CALTFORNTA ) COUNTY OF RIVERSIDE ) ss. ctTY oF LAKE ELSTNORE ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-44 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of July 17,2018, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek, Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: None : Justin