Loading...
HomeMy WebLinkAboutPC Reso No 2017-33 (SFR, PA 2017-09 MSHCP)RESOLUTION NO. 2017.33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017.09 (RES|DENT|AL DESTGN REVTEW NO. 20,t7-04 AND VARTANCE NO. 2017-02) tS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABTTAT CONSERVATTON pLAN (MSHCp) Whereas, Marcos Figueroa has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-09 (Residential Design Review No. 2017-04 and Variance No. 2017-02) to construct a 1,529 Square Foot (SF) single-family residence with a 438 SF attached garage and to vary from the minimum lot size requirement of the zone from 6,000 SF to 5,000 SF (Project). The Project rs located on the northwesterly side of lllinois Street, northerly of Lehr Drive, and southerly of Lakeshore Drive and more specifically referred to as Assessor Parcel Number 379-202-013, 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, condrtionally approving, or denying the minor design review; and, Whereas, pursuant to the LEMC Chapter 17.172 (Vatiances) the Commission has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying variances; and, Whereas, on May 16, 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 Pro.iect 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 PC Reso. No.2017-33 Page 2 of 4 MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project sife ls 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 Species Associated 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 Projecf slte is located in a previously disturbed site, 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) Joint Project Review (JPR) processes. As sfafed above, the Project is not located within a criteria cell 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 Projecf consisfs of constructing a single-family residence on a lot that has been previously disturbed. As such, the Riparian/Riverine Areas and Vernal Pool Guideltnes as set forlh 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 NEPS Survey Areas. Neither a habitat assessmenf 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 Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additionalsurveys for certain specles if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Projecf site is nof 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 Projecf slte is not within or adjacent to any MSHCP cell criteria or conservation areas. Therefore, the Urban/Wildlands lntefiace Guidelines of MSHCP Secfion 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Projecf conslsfs of constructing a single-family residence on a lot that has been previously disturbed. There are no resources located on the Project site requiring mapping as set forth in MSHCP Section 6.3.1. PC Reso. No.2017-33 Page 3 of 4 8. The Project is consistent with the Fuels Management Guidelines. The Projecf sife ls not within or adjacent to any MSHCP criteria cell 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 lssuance of building permits. 10. The Project is consistent with the MSHCP. The Projecl consisfs of constructing a single-family residence on a lot that has been previously disturbed. As described above, the Project complies with all applicable 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 16th day of May, 2017 . Adam Armit, Chairman Justin PC Reso. No. 2017-33 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, Calafornia, hereby certify that Resolution No. 2017-33 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of May 16, 2017 and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek, and Chairman Armit NOES: None ABSTAIN: None ABSENT: Vice-ChairGray SS. Justid (rk. Principdl Planne'r