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HomeMy WebLinkAboutPC Reso No 2017-65 (Michael Feinstein, PA 2017-36, MSHCP)RESOLUTION NO.2017.65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSTNORE, CALTFORNIA FTNDTNG THAT PLANNING APPLICAT|ON NO. 2017-36 (RESTDENT|AL DESTGN REVIEW NO. 2017-13) lS CONSISTENT wlTH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Michael Feinstein has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-36 (Residential Design Review No. 2017- 13) to construct a 1,333 Square Foot (SF) single-family residence with a 97 SF front porch, a 462 SF attached two-car garage, and related improvements on an approximately 9,600 SF lot (Project). The Project is located at the corner of Dwan Drive and Wells Avenue and more specifically referred to as Assessor Parcel Numbers 378-255-018, 019, 020; 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.'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 September 5, 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 requhed 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 reconna,ssance survey there are no ,ssues 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. 2017-65 Page 2 of 3 (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) Joint Project Review (JPR) processes. As stated above, the Project is not located within a Cell Criteria and thercfore 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 Project consrsfs of constructing a singleJamily 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 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 forth in Section 6.1 .3 of the MSHCP are not applicabte 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 tocated in Criteria Area Species Survey Areas, Amphibian Specles Survey Areas, Burrowing Owt Survey Areas, and Mammal Specres 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 Project is consislent with the UrbanMildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. Therefore, the Urbanlwildlands lnbrtace Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project 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 forlh 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.2017-65 Page 3 of 3 As a Condition of Approval, the Project will be required to pay the City's MSHCp Locat Development Mitigation Fee at the time of issuance of building permits. 10. The Poect is consistent with the MSHCP. The Prcject consrsfs 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, both written and testimonial, the above findings, 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 5th day of September,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. 20'17-65 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of Septembet 5, 2017 , and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: None ) ) ss. )