HomeMy WebLinkAboutResolution 2021-20 PA 2016-56 Consisten with MSHCPRESOLUTION NO. 2021-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016-
56 (RESIDENTIAL DESIGN REVIEW NO. 2021-01 AND VARIANCE NO. 2021-01)
IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Edgar Gomez, Richmond American Homes has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-56 (Residential
Design Review No. 2021-01 and Variance No. 2021-01) proposing the design and construction
of 96 single-family residential units, preliminary plotting, conceptual wall and fence plan, and
related improvements located within Tract Map No. 31957 and a variance for Lot 7 to encroach
5.6 ft. into the required 20 ft. rear yard setback due to site constraints. The project proposes five
(5) floor plans ranging in size from 2,012 sq. ft. to 2,481 sq. ft. and three architectural styles. The
lot sizes for Tract Map No. 31957 range in size from 6,050 sq. ft. to 16,100 sq. ft. and are 8,162
sq. ft. on average. The project site is located northerly of Lincoln Street and westerly of Mountain
Street and Running Deer Road (APNs: 394-120-007, 008, 012, and 013); 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 Section 17.415.050 (Major Design Review) and Section 17.415.090
(Variances) of the Lake Elsinore Municipal Code (LEMC) the Planning Commission (Commission)
has been delegated with the responsibility of reviewing and approving, conditionally approving,
or denying design review applications; and,
Whereas, on May 18, 2021 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.
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Pursuant to the City’s MSHCP resolution, the project must be reviewed for MSHCP
consistency, consistent with the Protection of Species Associated with Riparian/Riverine
Areas and Vernal Pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic
Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and
Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP,
Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.3.1) requirements, Fuels
Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local
Development Mitigation Fee (MSHCP Ordinance, Section 4). The project has been reviewed
in light of these sections and is consistent therewith.
2. The Project is subject to the City’s Lake Elsinore Acquisition Process (LEAP) and the
County’s Joint Project Review (JPR) processes.
The project is located within Cell # 4154 and 4155 of the Elsinore Area and was processed
through the City’s LEAP and JPR processes as part of the approval of the original Tract Map
No. 31957.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The previously approved Tract Map No. 31957 was determined to be consistent with the
Riparian/Riverine and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP.
The scope and nature of the project have not been modified from that which was previously
approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools
Guidelines.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The previously approved Tract Map No. 31957 was consistent with the Protection of Narrow
Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP. The project
has not been modified from that which was previously approved under Tract Map No. 31957.
Therefore, project is consistent with the aforementioned guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The previously approved Tract Map No. 31957 was consistent with the Additional Survey
Needs and Procedures as set forth in Section 6.3.2 of the MSHCP. The project has not
been modified from that which was previously approved under the Tract Map No. 31957,
and the project site has been graded pursuant to previously issued permits. The project is
consistent with the Additional Survey Needs and Procedures of the MSHCP.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
As part of the approval of the original Tract Map No. 31957, mitigation measures have been
incorporated into the proposed project so that there will be no project-related drainage,
toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the
Conservation area. Therefore, project is consistent with the Urban/Wildlands Interface
Guidelines of MSHCP Section 6.1.4.
7. The Project is consistent with the Vegetation Mapping requirements.
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As part of the approval of the original Tract Map No. 31957, the vegetation of the entire
project site has been mapped consistent with mapping requirement as set forth in MSHCP
Section 6.3.1.
8.The Project is consistent with the Fuels Management Guidelines.
As part of the approval of the original Tract Map No. 31957, the project was designed to
include a landscape buffer with fire-resistant and non-invasive plants near the proposed
MSHCP Conservation Area that will function as a Fuel Modification Zone. The landscape
plan complies with Table 6.2 of the MSHCP (Plants That Shall Be Excluded from Landscape
Adjacent to Conservation Area). Therefore, the project is consistent with the Fuels
Management Guidelines of MSHCP Section 6.4.
9.The Project overall is consistent with the MSHCP.
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.
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 at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, this 18th day of May 2021.
John Gray
Vice Chair
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
FOR:
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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. 2021-20 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on May 18, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, and Dobler; and Vice Chair Gray
NOES: None
ABSENT: Commissioner Peters; and Chair Klaarenbeek
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
FOR:
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