HomeMy WebLinkAbout0002_2_PA-2018-31 - Exhibit A - MSHCP RESORESOLUTION NO. 2018-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2018-31
(RESIDENTIAL DESIGN REVIEW NO. 2018-14) IS CONSISTENT WITH 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. 2018-31 (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 Matich 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 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 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 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 Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines
PC Reso. No. 2018-____
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(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 therefore 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 consists 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 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 Guidelines.
The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a
habitat assessment nor further focused surveys are required for the Project. Therefore,
Protection of Narrow Endemic Plant Species Guidelines 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 Species Survey Areas, Amphibian Species Survey Areas, Burrowing 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 Urban/Wildlands Interface Guidelines.
The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
Therefore, the Urban/Wildlands Interface 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 and second unit on a lot that
has been previously disturbed. There are no resources located on the Project site requiring
mapping as set 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 Project will be conditioned to pay the City’s MSHCP Local Development Mitigation
Fee.
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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 Project is consistent with the MSHCP.
The Project consists 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 this 18th day of September, 2018.
Myles Ross, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2018-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 18th day of September, 2018 and
that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director