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HomeMy WebLinkAboutPC Reso No 2017-53 (Auggie Garcia, MDR)RESOLUTTON NO.2017-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE MINOR DESIGN REVIEW FOR A 2,372 SQUARE FOOT DUPLEX IS CONSISTENT WITH 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 for the construclion of a 2,372 Square Foot (SF) two-story duplex on an approximately 7,405 SF lot. The first unit will have a 1,140 SF living area, a 127 SF covered patio, a 366 SF uncovered patio, and a 430 SF two-car garage. The second unit will have a 1,232 SF living area, a 69 SF covered deck, a 351 SF uncovered deck, and a 400 SF two-car garage (Project). The Project is located on the northerly side of Pottery Street, southerly of Flint Street, easterly of Ellis Street, and westerly of Lookout Street and more specifically referred to as Assessor Parcel Number 377 -282-0'12; 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, conditionally approving, or denying the minor design review; and, Whereas, on August 1, 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 proiect 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 rssues regarding consistency with the MSHCP'S other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the PC Reso. No.2017-53 Page 2 of 3 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 Project 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 srated above, the Project is not located within a criteria cell and therefore the Project /as 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 consisls of constructing a duplex on a lot that has been previously 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 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 Guldel,nes as set forth 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 Specres Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Specles Survey Areas of the MSHCP. The Project 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 Poect is consistent with the UrbanMildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP cell criteria or conservation areas. Therefore, the UrbantVt/ildlands lnterface 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 constructing a duplex on a lot that has been previously disturbed. There are no resources located on the Project site requiring mapping as set fotth 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 Uiteria 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 PC Reso. No.2017-53 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 lssuance of building permits. 10. The Project is consistent with the MSHCP. The Proiect const3fs of constructing a duplex 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 Prolect 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. Principal Planner " 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. 20"17-53 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of August 1, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek; NOES: None ABSENT: None I Ross and Chairman Gray ABSTAIN: None Justin SS. Principal