HomeMy WebLinkAboutPC Reso 2023-28 PA 2019-47 TPM 38614 Consistenet with MSCHPRESOLUTION NO. 2023-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT
PLANNING APPLICATION NO. 2019-47 (TENTATIVE PARCEL MAP NO. 38614) IS
CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Ron Kassab, Lake Elsinore Plaza 2 Corporation, has filed an application with
the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38614 to
subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and
one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside
Drive and Collier Avenue. (APN: 377-120-065); 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 Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative
Map) the Planning Commission (Commission) has been delegated with the responsibility of
making recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on April 18, 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 recommending that the Council adopt 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 lies
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 (Section 6.1.2 of the
MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the
MSHCP Ordinance).
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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 is not located within a Criteria Cell and therefore the Project was
not processed through the City’s LEAP and the RCA’s Joint Project Review process.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp
habitat or other aquatic resources exist on the site. 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 MSCHP 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 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.
There are no resources located on the Project site requiring mapping as set forth in MSCHP
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 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 City’s MSHCP Local
Development Mitigation Fee at the time of issuance of building permits.
10. The Project is consistent with the MSHCP.
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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 18th day of April, 2023.
Michael Carroll, Vice Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Assistant Community Development Director
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. 2023-28 was adopted by the Planning
Commission of the City of Lake Elsinore, California, at a regular meeting held on April 18, 2023,
and that the same was adopted by the following vote:
AYES: Commissioners Peters and Klaarenbeek; Vice Chair Carroll
NOES:
ABSTAIN:
ABSENT: Commissioner Gray, Chair Dobler
Damaris Abraham,
Interim Assistant Community Development Director
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