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HomeMy WebLinkAboutReso 2024-08 TPM 38753 - PA 2023-29- Lakeshore Commercial - MSHCP ConsistentRESOLUTION NO. 2024-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FIND THAT PLANNING APPLICATION NO. 2023-29 (TENTATIVE PARCEL MAP NO. 38753) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Raffaele Suprano, Compass Land Advisors, has filed an application with the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38753 to subdivide a 1.26-acre parcel into two (2) parcels that are 0.79 acres and 0.47 acres, respectively. The project is located within an existing Stater Brothers Shopping Center on the northerly side of Lakeshore Drive and westerly of Riverside Drive (APN: 378-290-015); 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 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 March 19, 2024, 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 DocuSign Envelope ID: 7F4811E8-260B-450A-8BD0-F94394AF86BF PC Reso. No. 2024-08 Page 2 of 3 MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP 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. 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. DocuSign Envelope ID: 7F4811E8-260B-450A-8BD0-F94394AF86BF PC Reso. No. 2024-08 Page 3 of 3 10. The Project 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 the regular meeting of Planning Commission of the City of Lake Elsinore, California this 19th day of March 2024. Jodi Peters Chair Attest: ___________________________________ Damaris Abraham, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2024-08 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on March 19, 2024, and that the same was adopted by the following vote: AYES: Commissioners Ross, Carroll, and William; Vice Chair Gray; and Chair Peters NOES: None ABSENT: None ABSTAIN: None Damaris Abraham, Assistant Community Development Director DocuSign Envelope ID: 7F4811E8-260B-450A-8BD0-F94394AF86BF