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Home My WebLink AboutPC Reso 2023-08 PA 2021-38 MSHCP ConsistentRESOLUTION NO. 2023-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF 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. 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), Section 17.415.050.E (Major Design Review), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has 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 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: DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-08 Page 2 of 4 1. The proposed development 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 is 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 is 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. 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. DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-08 Page 3 of 4 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 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the project is consistent with the MSHCP. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 7th day of March, 2023. Matthew Dobler, Chairman Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF PC Reso. No. 2023-08 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-08 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held March 7, 2023 and that the same was adopted by the following vote: AYES: Commissioners Gray, Klaarenbeek, and Peters; Chair Dobler NOES: ABSTAIN: ABSENT: Vice Chair Carroll Damaris Abraham, Interim Assistant Community Development Director DocuSign Envelope ID: B7A2ECD8-55AD-402F-8C88-D810549356CF