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HomeMy WebLinkAboutPC Reso No 2017-38 (RDR, Terry Mohr, MSHCP)RESOLUTION NO.2017-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017- 21(RESTDENT|AL DESTGN REVTEW NO. 2017-09) tS CONSTSTENT W|TH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Terry Mohr has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-21 (Residential Design Review No. 2017-09) for the construction of a 1,512 square foot (SF) manufactured single-family residence with a 480 SF detached garage on an approximately 12,196 SF lot (Project). The Pro.ject is located near the intersection of Pierce Avenue and McPherson Avenue and more specrfically referred to as Assessor Parcel Number 378-234-004 and 030; 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 ob.jectives; 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, and, Whereas, on June 6, 2017, 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 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 pro.iect 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 suNey 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 Associafed with Riparian/Riverine Areas and Vernal Pool PC Reso. No. 2017-38 Page 2 of 3 Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Prqect site 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) JPR processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project conslsts of constructing a single-family residence on a previously disturbed srte. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set fotth 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 assessment nor furTher focused surveys are required for the Project. Therefore, Protection of NEPS Guidelines as set fotlh 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 additional surveys for ceftain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Specles Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Project sfie 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 consistent with the U rban/Vvildlands lnterface Guidelines. The Project sfte ls nol within or adjacent to any MSHCP criteria or conservation areas. Therefore. the UrbantlVildlands lntefface Guidelines ot MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project conslsts of constructing a single-family residence on a previously disturbed site. There are no resources located on the Project site reguiring mapping as set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project sffe 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. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. PC Reso. No. 2017-38 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 conslsts of constructing a single-family residence on a previously disturbed site. As described 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 6th day of June, 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. 2017-38 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of June 6, 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. t_