HomeMy WebLinkAboutResolution 2021-44 PA 2017-29 MSHCPRESOLUTION NO. 2021-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2017 -
29 (PLANNING DESIGN REVIEW NO. 2021 -03) IS CONSISTENT WITH THE
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
Whereas, Meritage Homes has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2017 -29 (Planning Design Review No. 2021-03)
proposing the design and construction of 168 single -family residential units, preliminary plotting,
conceptual landscaping, conceptual wall and fence plan, and related improvements located within
Tentative Tract Map No. 37305. The project proposes seven (7) floor plans ranging in size from
2,020 sq. ft. to 2,948 sq. ft. (excluding garages and unenclosed porches) and three architectural
styles (Santa Barbara, Coastal, and Farmhouse). The lot sizes for Tentative Tract Map No. 37305
range in size from 4,549 sq. ft. to 9,468 sq. ft. and are 5,896 sq. ft. on average. The Project is
located east of Interstate 15 and south of Nichols Road within Planning Areas 1 through 6 of the
Nichols Ranch Specific Plan (APN: 389-200-045);
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 th e
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 (Major Design Review) 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 October 19, 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 LEAP and the County’s Joint Project Review processes.
The Project is located within Cells 4169 and 4070 of cell group W, subunit 3 of the Elsinore
Area Plan. The subject property completed the City’s LEAP and the County’s Joint Project
Review processes in March 2019.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
The previously approved Tentative Tract Map No. 37305 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 whi ch 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 Tentative Tract Map No. 37305 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 Tentative
Tract Map No. 37305. Additionally, based upon prior approvals, the entire Project site has
been graded and any plant species which may have existed on the site have been removed
and replaced with development. It is for these reasons that the Project is consistent with the
guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The previously approved Tentative Tract Map No. 37305 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 Tentative Tract Map
No. 37305, and the entire 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.
The previously approved Tentative Tract Map No. 37305 was consistent with the
Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 of the MSHCP. Because
the Project has not been modified from that which was previously approved under the
Tentative Tract Map No. 37305, no further MSHCP review is necessary, and the Project is
consistent with the Urban/Wildlands Interface Guidelines.
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7. The Project is consistent with the Vegetation Mapping requirements.
The previously approved Tentative Tract Map No. 37305 was consistent with the Vegetation
Mapping requirements as set forth in Section 6.3.1 of the MSHCP. Mapping was conducted
as part of the biological surveys for the original project. The Project has not been modified
from that which was previously approved and therefore is consistent with the Vegetation
Mapping requirements.
8. The Project is consistent with the Fuels Management Guidelines.
The previously approved Tentative Tract Map No. 37305 was consistent with the Fuels
Management Guidelines as set forth in Section 6.4 of the MSHCP. The Project site is not
within or adjacent to conservation areas where the Fuels Management Guidelines would be
required. The Project has not been modified from that which was previously approved and
therefore is consistent with the Fuel Management Guidelines.
9. The Project overall 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 on this 19th day of October, 2021.
John Gray
Chair
Attest:
_________________________ FOR:__
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. 2021-44 was adopted by the Planning Commission of the City
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of Lake Elsinore, California, at a regular meeting held on the 19th day of October 2021, and that
the same was adopted by the following vote:
AYES: Commissioner Peters and Carroll; Vice Chair Dobler; and Chair Gray
NOES:
ABSTAIN:
ABSENT: Commissioner Klaarenbeek
FOR:
Justin Kirk
Assistant Community Development Director
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