HomeMy WebLinkAboutPC Reso No 2017-72 (Andrew Read, PA 2017-49)RESOLUTTON NO.2017-72
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELS|NORE, CALTFORNTA FtND|NG THAT PLANNING AppLtCATtON NO. 2017-49
(VARTANCE NO. 2017-06) tS EXEMPT FROM THE WESTERN R|VERS|DE COUNTY
MULTTPLE SPECTES HABTTAT CONSERVATTON PLAN (MSHCP)
Whereas, Andrew Read, Voltage River has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2017-49 (Variance No. 2017-06) to
encroach 4'-0" into the required 10 -0" rear yard setback for an existing detached approximately
363 sq. ft. solar integrated patio cover (Project). The Project is located northerly of Lost Road and
easterly of Canyon Hills Drive within the Canyon Hills Specific Plan (CHSP) more specifically
referred to as 32512 Sprucewood Way. (APN: 363-581-007); and,
Whereas, Section lV (D) of the City's MSHCP lmplementing Resolution expressly exempts from
the MSHCP: Any project for which and to the extent that vested rights to proceed with the project
notwithstanding the enactment of this Resolution exist under the common laws of the State of
California, a vesting tentative map pursuant to the Subdivision Map Act, a development
agreement pursuant to Government Code section 65864 et seq., or other instrument, approved
or executed by the City prior to adoption of this Resolution. Projects subject to this exemption
must comply with all provisions of any applicable state and federal law; and,
Whereas, on October 3, 2017, at a duly noticed Public Hearing the Planning Commission
(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 'l: That in accordance with the Lake Elsinore Municipal Code (LEMC) and the MSHCP,
the Commission finds that:
The Project is exempt from the City's MSHCP Resolution by viftue of vested rights. On
July 9, 1990, the City and Pardee-Grossman/Coftonwood Canyon entered into that ceftain
development agreement (the "Development Agreement"), which expressly exempted the
Developer from responsibility for any new development impact fees. The Development
Agreement was amended by Amendment No. 1 dated January 12, 2010, approved by
Ordinance No. 1270, which extends the project's exemption from MSHCP requirements.
Even though the Project is exempt from the MSHCP, the Developer must comply with
other state and federal /aws- Consisrert with federal law, the applicant had prepared a
project-specific Habitat Conservation Plan and has a history of ertensive coordination with
the wildlife agencies. Where approved for development, the project site has already been
graded, cleared, or developed in accordance with the Project HCP. Given the foregoing,
no further action regarding the MSCHP is required.
Section 2: This Resolution shall take effect immediately upon its adoption.
PC Reso. No.20'17-72
Page 2 of 2
Passed and Adopted of this 3d day of October, 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. 2017-72 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a Regular meeting held of October 3,2017, and that the same was adopted by the
following vote:
AYES: Commissioner Carroll, Vice-Chair Ross; and, Chairman Gray
NOES: None
ABSENT: Commissioner Armit and Commissioner Klaarenbeek
ABSTAIN: None
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