HomeMy WebLinkAbout2023-035 Planning Application No. 2021-38 MSHCP ResolutionRESOLUTION NO. 2023-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO.
2021-38 (TENTATIVE TRACT MAP NO. 38271 AND RESIDENTIAL DESIGN
REVIEW NO. 2021-05) IS CONSISTENT WITH THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
Whereas, Brett Crowder, Lake Elsinore Lakeshore, LLC, has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-38 (Tentative
Tract Map No. 2021-02 (TTM 38271) and Residential Design Review No. 2021-05) to subdivide
an approximately 10.29-acre site into one lot for condominium purposes and to construct 140 two-
story attached condominium residences and associated improvements within the Attached
Residential (AR) and Commercial/Residential Flex (CRF) land use designations of the Lakeshore
Village Specific Plan. The proposed buildings feature four floor plans ranging in size from 1,807
sq. ft. to 2,008 sq. ft. and three architectural styles (French Country, Santa Barbara and Modern
Farmhouse). The project site is located on the southwest side of Lakeshore Drive at the
intersection of Lakeshore Drive and Gunnerson Street. (APNs: 379-230-001, 379-230-002); and,
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP)
requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore
Acquisition Process (LEAP) and the Joint Project Review (JPR) 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 Chapter 16.24 (Subdivisions) and Section 17.415.050.E (Major
Design Review) and of the LEMC, the Planning Commission (Commission) has been delegated
with the responsibility of making recommendations to the City Council (Council) pertaining to the
review of tentative maps and design review applications,
Whereas, on March 7, 2023, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item and by resolution recommended that the Council adopt Findings of
Consistency with the MSHCP; and,
Whereas, on March 28, 2023, at a duly noticed Public Hearing, the Council has
considered the recommendation of the Commission as well as evidence presented by the
Community Development Department and other interested parties with respect to this item.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
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Section 2: The Council has considered the project and its consistency with the MSHCP
prior to adopting Findings of Consistency with the MSHCP.
Section 3: That in accordance with the MSHCP, the Council makes the following findings
for MSHCP consistency:
1. The development proposal is a project under the City’s MSHCP Resolution, and
the City must make an MSHCP Consistency finding before approval.
The project site is not located within a MSHCP Criteria Cell. However, the property
is within the Elsinore Plan Area and must be reviewed for consistency with the
MSHCP “Plan Wide Requirements,” including Section 6.1.2 Riparian/Riverine
Areas and Vernal Pool Guidelines.
2. The project is subject to the City’s LEAP and the Western Riverside County
Regional Conservation Authority’s (RCA) Joint Project Review processes.
As stated above, the project site is not located within a Criteria Cell and therefore
is not subject to LEAP and JPR procedures.
3. The project is consistent with the Riparian/Riverine Areas and Vernal Pools
Guidelines.
According to the General Biological Assessment prepared by Hernandez
Environmental Services dated March 2022, no riparian/riverine areas or vernal
pools were identified through a site survey. Therefore, the project is consistent with
the requirements for the Protection of Species Associated with Riparian/Riverine
Areas and Vernal Pools in Section 6.1.3 of the MSHCP, and no additional surveys
or mitigation are required.
4. The project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
The project site is located outside the Narrow Endemic Plant Species Survey
Areas as shown on Figure 6-1 of the MSHCP. Therefore, the project is consistent
with the Protection of Narrow Endemic Plant Species Guidelines as set forth in
Section 6.1.3 of the MSHCP and no additional surveys or mitigation are required.
5. The project is consistent with the Additional Survey Needs and Procedures.
The project site is not located within the Western Riverside County MSHCP
Additional survey areas for amphibians, mammals, burrowing owl, or any special
linkage areas. In addition, the project site is not located within the Western
Riverside County MSHCP Criteria Area Plant Species Survey Area (CAPSSA)
pursuant to Section 6.3.2 of the Western Riverside County MSHCP.
6. The project is consistent with the Urban/Wildlands Interface Guidelines.
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The project site is not located within or adjacent to a Western Riverside County
MSHCP Conservation Area; therefore, the project site is not required to address
Section 6.1.4 of the Western Riverside County MSHCP.
7. The project is consistent with the Vegetation Mapping requirements.
There are no resources located on the project site requiring mapping as set forth
in MSHCP Section 6.3.1. Therefore, the project is consistent with the Vegetation
Mapping requirements.
8. The project is consistent with the Fuels Management Guidelines.
As stated above, the project site is completely surrounded by developed area.
Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the
MSHCP are not applicable to the project.
9. The project will be conditioned to pay the City’s MSHCP Local Development
Mitigation Fee.
A condition of approval has been added requiring payment of the City’s MSHCP
Local Development Mitigation Fee at the time of building permit issuance for the
project.
10. The project is consistent with the MSHCP.
The project site is not within or adjacent to any MSHCP Criteria Cell or
conservation areas, and, as described above, the project complies is consistent
with the MSHCP.
Section 4: Based upon the evidence presented, both written and testimonial, and the
above findings, the Council hereby finds that the project is consistent with the MSHCP.
Section 5: This Resolution shall take effect immediately upon its adoption.
Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 28th day of March 2023.
Natasha Johnson
Mayor
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Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2023-35 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of March 28, 2023 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor
Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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