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HomeMy WebLinkAboutPC Reso No 2017-30 (PA 2017-10, MSHCP)RESOLUTION NO. 2017.30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017.'IO (RESTDENTTAL DESTGN REVTEW NO. 2017-O5l rS CONSTSTENT WITH THE WESTERN RIVERSIDE COUNTY MULT!PLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Reza Farahani has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No.2017-10 (Residential Design Review No.2017-05) forthe construction of a 1,450 square foot (SF) single family residence with a 475 SF attached garage and a 110 SF porch on an approximately 6,250 SF lot (Project). The Project is located northerly of Park Way, southerly of Mill Street, easterly of Avenue 1, and on the westerly side of Avenue 2 and more specifically referred to as Assessor Parcel Number 373-183-010; and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process 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 the 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 (MDR), and, Whereas, on April 18, 2017, 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, 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 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 PC Reso. No. 2017-30 Page 2 of 3 were the Protection of Specles Assoclaled with Riparian/Riverine Areas and Vernal 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 Proiect site is located in a previously disturbed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site. 2. fhe Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes. As stafed above, the Project is not located within a Criteria Cell and therefore the Project was nol processed through the LEAP or JPR processes. 3. The Pro.ject is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project conslsts of constructing a single-family residence on a previously disturbed slte. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set fotlh in Section 6.1 .2 of the MSHCP are not applicable. 4. The Pro.lect 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 surveys are required for the Project. Therefore, Protection of NEPS Guidelines as set forlh 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 additional suveys for certain species if 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 Proiect slfe ls 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 consrstent with the UrbanAruildlands lnterface Guidelines. The Prqect slle is nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban,fulildlands lnterface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project conslsfs of constructing a singleJamily residence on a previously disturbed site. There are no resources located on the Project site requiring mapping as set foilh in MSHCP Section 6.3.1. The Project is consistent with the Fuels Management Guidelines. The Project sfie ls nol within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. The Pro.ject will be conditioned to pay the City's MSHCP Local Development Mitigation 8 9 PC Reso. No. 20'17-30 Page 3 of 3 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 slte. As described above, the Prolect 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 on this 18th day of April, 2017. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-30 as adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of April 18,2017 , and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman ArmitNOES: None ABSENT: None ABSTAIN: None SS, Adam Armit, Chairman --] l