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HomeMy WebLinkAbout0003_2_PA 2017-60 - Exhibit A MSHCP ResolutionRESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017-60 (RESIDENTIAL DESIGN REVIEW NO. 2017-28) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Juan Salinas has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-60 (Residential Design Review No. 2017-28) to construct a 3,454 sq. ft. two-story duplex on an approximately 7,150 sq. ft. lot (Project). Each unit will have a 1,299 sq. ft. living area and a 428 sq. ft. two-car garage. The Project is located northerly of Flint Street, southerly of I-15, on the easterly side of Ellis Street, and westerly of Lookout Street and more specifically referred to as Assessor Parcel Number 377-244-004; 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-____ 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 criteria cell 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 duplex 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 cell criteria 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 duplex 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. PC Reso. No. 2018-____ 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 Project is consistent with the MSHCP. The Project consists of constructing a duplex on a lot that has been previously disturbed. As described above, the project complies with all applicable MSHCP requirements. Section 3:Based upon the evidence presented, both written and testimonial, and 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 18 th 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 September 18, 2018 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Justin Kirk, Assistant Community Development Director