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HomeMy WebLinkAboutPC Reso No 2017-57 (PA 2016-111, Gutierrez, MSHCP)RESOLUTTON NO.2017-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, cALlFoRNlA" FINDING THAT PLANNING APPLICATION No. 2oi6-111(RESTDENT|AL DEStcN REVTEW NO. 2016-26) tS CONSISTENT W|TH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Armando and Estela Gutierrez has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-111 (Residentiat tiesign Review No. 20'16-26) to construct a 3,347 Square Foot (sF) single-family residence with a 210 5F front porch, a 402 sF rear covered patio area, a 708 sF attached three-car garage, and related improvements on an approximately '13,939 SF lot (Project). The Project is located at the corner of Summerhill Drive and Canyon Ridge Drive and more specifically referred to as Assessor Parcel Number 363- 273-026; 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 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 .l 7.1g4 (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 15, 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 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 Wde 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. 2017-57 Page 2 of 3 protection of Species Asso ciated with Riparian/Riverine Areas and Vernal Pool Guidelines (section 6.1.2 of the MsHcP) and payment ot the MSHCP Local Development Mitigation Fee (Section 4 of the MsHcP ordinance). The Proiect site is located in a previously distuibed 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 sfated above, the Project is not located within a criteria cell and therefore the Proiect was nof process ed 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 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 nof falt within any NEPS Survey Areas. Neither a habitat assessment nor further 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 ceftain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Specles Survey Areas, Bunowing Owl Survey Areas, and Mammat 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 UrbanruVildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP cell criteria or conservation areas. Therefore, the lJrbant!\/ildlands lnteiace Guidelines of MSHCP Section 6.1-4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project consists of constructing a single-family residence on a lot that has been previousty disturbed. There are no resources located on the Project site requiring mapping as sef forth 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 Poect will be conditioned to pay the City's MSHCP Local Development Mitigation PC Reso. No.2017-57 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 ,ssuance of building permits. 10. The Project is consistent with the MSHCP. The Project consisls 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 1 sth 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. 2017-57 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting of August '15, 2017 , and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll, Klaarenbeek; a Gray NOES: None ABSENT: Commissioner Armit ABSTAIN: None Justin SS. Justin Principal