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HomeMy WebLinkAboutPC Reso No 2018-72 (PA 2018-31, RDR, MSHCP)RESOLUTTON NO.20t8-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2018-3I (RESTDENT|AL DEStcN REVTEW NO. 2018-14) tS CONSISTENT WTH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Robert Hacker has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 20'18-3'l (Residential Design Review No.2018-.14) to construct a single-family residence of 2,068 square feet (sF) with an attached garage of 427 sF, a 98 SF front porch, a 141 SF covered patio and related improvements on an approximately 8,250 SF lot (Project). The Project is located near the intersection of Sumner Avenue and Matlch Street and more specifically referred to as Assessor Parcel Number 374-101-007; 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 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 18, 2018, 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 l: 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 teconnaissance suruey there are no rssues regarding consistency with the MSHCP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Specles Assocrated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the PC Reso. No.2018-72 Page 2 of 3 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/iverine 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 Criteia and therefore the Project was not processed through the CW's LEAP or JPR processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project consisfs of constructing a single-family residence and second unit on a lot that has been previously disturbed. 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 fufther 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 applicable to the Proiect. 5. The Poect is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for cefiain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Bunowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Proiect site is not located within any of the Cnfrbal Specles Survey Areas. Therefore, the provisions of MSHCP Sectlon 6.3.2 are not applicable. 6. The Project is consistent with the Urbanfvvildlands lnterface Guidelines. The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. Therefore, the UrbanrWildlands lnteiace Guidelines ot MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. The Project conslsts of .constructing a single-family residence and second unit on a lot that has been previously disturbed. There are no resources located on the Project site requiing mapping as set forth in MSHCP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project srte rs 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. As a Condition of Approval, the Project will be required to pay the CW's MSHCP Local PC Reso. No. 2018-72 Page 3 of 3 Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCp. The Proiect consists of constructing a singte-famity residence on a lot that has been previously disturbed. As described above, the Project complies with att appticabte MSHCp requirements. $ection 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 this 18th day of September, 201g, by the following vote: STATE OF CALTFORNTA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No 2018-72 was adopted by the planning commission of the cityof Lake Elsinore, california, at a Regular meeting held of sLptember 19, 201g, and that the same was adopted by the following vote: AYES: commissioner's Gray, Armit and Klaarenbeek, Vice-chair carroll and chairman RossNOES: None ABSENT: None ABSTAIN: None :