HomeMy WebLinkAboutTPM 37364 - Exhibit A MSHCP Resolution (2)RESOLUTION NO. 2020-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT
TENTATIVE PARCEL MAP NO. 37364 IS CONSISTENT WITH THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Whereas, Murrey Seidner, RSM Properties, Inc., has filed an application with the City of Lake
Elsinore (City) requesting approval Tentative Parcel Map (TPM) No. 37364 proposing a one-lot
subdivision of a 5.45-acre lot for condominium purposes. The subject property consists of five,
one-story retail buildings that are attached by common walls. The Project is located within the
Lake Elsinore Square Shopping Center, northeasterly corner of Collier Avenue and Central
Avenue, more specifically 18294 and 18298 Collier Avenue. (APNs: 377-070-035 and 036); 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 the tentative map review; and,
Whereas, on March 17, 2020, 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 is
not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there
are no issues regarding consistency with the 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
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Ordinance).
2. The Project is subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) Joint Project Review processes.
The Project is located within the MSHCP Elsinore Area Plan but is not located within a MSHCP
Criteria Cell. Therefore, the project was not required to go through the LEAP or JPR processes
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The Project has been completely disturbed for the development of the existing commercial
retail center. The Tentative Map is proposing to convert the 5.45-acre lot into a one (1)-
condominium lot with five (5) units for condominium purposes. 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 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 has been completely disturbed for the development of the existing commercial
retail center. The Tentative Map is proposing to convert the 5.45-acre lot into a one (1)-
condominium lot with five (5) units for condominium purposes. 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 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
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Development Mitigation Fee at the time of issuance of building permits.
10. The Project is consistent with the MSHCP.
The Project has been completely disturbed for the development of the existing commercial
retail center. The Tentative Map is proposing to convert the 5.45-acre lot into a one (1)-
condominium lot with five (5) units for condominium purposes. As described above, the Project
complies with all application MSHCP requirements.
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 on this 17th day of March, 2020, by the following vote:
Michael Carroll, 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. 2020-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 17th day of March, 2020 and that the
same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director