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HomeMy WebLinkAboutPC Reso 2023-40 PA 2022-15 (RDR 2022-04) MSHCP ConsistentRESOLUTION NO. 2023-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2022-15 (RESIDENTIAL DESIGN REVIEW NO. 2022-04) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN Whereas, George Mears, Legacy Financial Group, LP, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-15 (Residential Design Review No. 2022-04) for the design and construction of a 152-unit multi-family residential apartment complex within nine (9) residential buildings including two (2) three-story buildings and seven (7) two-story buildings. The project also proposes a 2,212 sq. ft. clubhouse and a 780 sq. ft. maintenance building and other related site improvements on an 8.27-acre site located in the Residential Mixed Use Zoning District. The proposed project is generally located northerly of Grand Avenue, southwesterly of Eisenhower Drive, on the westerly side of Riverside Drive, and adjacent to Lakeside High School, more specifically referred to as Assessor’s Parcel Number (APN) 379-090-022; 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; 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; Whereas, pursuant to Section 17.415.050.E (Major Design Review) and of the LEMC, the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying design review applications; and Whereas, on September 19, 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: 1. The proposed development is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5 PC Reso. No. 2023-40 Page 2 of 3 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 (JPR) 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 site reconnaissance survey by City Staff, no riparian/riverine areas or vernal pools were identified. 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. 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. DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5 PC Reso. No. 2023-40 Page 3 of 3 The project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas, and, as described above, the Project complies and is consistent with the MSHCP. 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 19th day of September 2023. _____________________________ Jodi Peters Vice Chair Attest: ___________________________________ Damaris Abraham, 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. 2023-40 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held September 19, 2023 and that the same was adopted by the following vote: AYES: Commissioners Ross and Gray; and Vice Chair Peters NOES: None ABSENT: Chair Carroll ABSTAIN: None Damaris Abraham, Assistant Community Development Director DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5