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HomeMy WebLinkAboutPC Reso No 2017-51 (Auggie Garcia, MSHCP)RESOLUTION NO.2017-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA! FINDING THAT PLANNING APPLICATION NO. 2016.90 (RESTDENT|AL DEStcN REVTEW NO. 20.t6-18) tS CONSTSTENT W|TH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Auggie Garcia has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-90 (Residentiat Design Review No. 2016-18) to construct a 1,881 square Foot (sF) two-story single-family residence with a 45 SF balcony, an 88 SF porch, a two-car garage, and related improvements on an approximately 6,764 SF lot(Project). The Project is located at the southwesterly corner of Country Club iloulevard and Acacia street and more specifically referred to as Assessor parcel Number 373-135-031; and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary p@ects within a MSHCP Criteria Cett undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JpR) processes to aialyze 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 bf reviewing and approving, conditionally approving, or denying the minor design review; and, whereas, on August 1,2017, 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 ,o lssues regarding consistency with the MSHCP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Associated with Riparian/Riverine Areas and Vernal Pool Guidelines PC Reso. No. 2017-51 Page 2 of 3 (section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee gection 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. The Poect is subject to the city's LEAP and the western Riverside county Regional Conservation Authority's (RCA) JPR processes. As sfated 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 conslsfs of constructing a single-family residence on a lot that has been previousty disturbed. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1 .2 of the MSHCP are not applicable- 4. The Poect 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 Proiect. Therefore, Protection of NEPS Guidetines 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 additional surveys for certain species lf the Proiect is located in Criteria Area Specles Survey Areas, Amphibian Specles Survey Areas, Bunowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Proiect 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 Urban/Wildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP cell criteria 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 conslsls 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 forfh in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is 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. PC Reso. No. 2017-51 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 r'ssuance of building permits. 10. The Poect is consistent with the MSHCP. The Project conslsfs 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 ofthe 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 1"t day of August, 2017 , by the following vote. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-51 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting of August 1, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and NOES: None ABSTAIN: None ABSENT: None Ross and Chairman Gray ) ) ss. ) Principal Planner