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HomeMy WebLinkAboutPC Reso No 2017-67 (Eliseo Sanchez, PA 2017-40, MSHCP)RESOLUTTON NO.2017-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA" FINDING THAT PLANNING APPLIGATION NO. 2017-40 (RES|DENTTAL DESTGN REVTEW NO. 2017-16) rS CONSTSTENT W|TH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Eliseo Sanchez has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-40 (Residential Design Review No. 2017-16) for the construction a two-story duplex. Each unit is "1,459 Square Foot (SF) and each contains three (3) bedrooms with two (2) 400 SF attached two-car garages located at ground level (Project). The Project is located near the intersection of Chestnut Street and Prospect Avenue and more specifically referred to as Assessor Parcel Number 373-152-0"16; 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 objectives; and, Whereas, pursuant to the Lake Elsinore Municipal Code (LEMC) Chapter 1 7.184 (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 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 issues 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 PC Reso. No. 2017-67 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 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 stated above, the Project is not located within a Criteria Cell and therefore the Project was rot processed through the LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project conslsfs of constructlng a duplex on a previously disturbed site. 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 suNeys are required for the Project. Therefore, Protection of NEPS Guldelines 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 certain species if the Project is located in Criteria Area Specles Survey Areas, Amphibian Specrbs Survey Areas, Bunowing Owl Survey Areas, and Mammal Species 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 consistent with the UrbanMildlands lnterface Guidelines. The Project site is ,ot within or adjacent to any MSHCP criteria or conservation areas. Therefore, the UrbantlVildlands lnteiace Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project consrsts of consfructing a duplex on a previously disturbed site. There are no resources located on the Project site requiing mapping as sef forth in MSHCP Section 6.3.1. 8. The Poect is consistent with the Fuels Management Guidelines. The Project slfe is nof within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Se ction 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. PC Reso. No. 2017-67 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 Poect is consistent with the MSHCP. The Proiect cons,sls of constructing a duplex on a previously disturbed site. As described above, the project complies with all application 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 5th day of September,2017, by the following vote. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-67 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of September 5, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair and Chairman GrayNOES: None ABSENT: None ABSTAIN: None Justin