HomeMy WebLinkAboutCC Reso No 2010-016RESOLUTION NO. CC 2010 -016
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT
KNOWN AS THE WALGREENS DRUGSTORE IS CONSISTENT WITH
THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, David and Yael McDowell, PHD Group LLC, filed an application with
the City of Lake Elsinore requesting approval of Commercial Design Review
No. 2009 -07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11 (the
"Project") for the design and construction of a 13,678 square foot Walgreens drugstore
with an associated pharmacy drive -up window on a 1.36 acre site located on the
southeast corner of Mission Trail and Diamond Drive and known as Assessor's Parcel
No. 363 - 150 -035 & 036, (the "Property "); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land within an MSHCP criteria cell and which require discretionary
approval by the legislative body undergo the Lake Elsinore Acquisition Process
( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional
Conservation Authority ('RCA ") prior to public review of the project applications; and
WHEREAS, Section 6.0 further requires that development projects within or
outside of a criteria cell must be analyzed pursuant to the MSHCP 'Plan Wide
Requirements "; and
WHEREAS, the Project is discretionary in nature and requires review and
approval by the Planning Commission and /or City Council; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency
findings prior to approving any discretionary project entitlements for development of
property that is subject to the MSHCP; and
WHEREAS, the City Council has been delegated with the responsibility of
determining consistency of discretionary project entitlements with the MSHCP; and
WHEREAS, public notice of the Project has been given, and the City Council has
considered evidence presented by the Planning Commission and Community
Development Department and other interested parties at a public hearing held with
respect to this item on April 27, 2010.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed application and its
consistency with the MSHCP prior to making a decision to adopt findings that the
Project is consistent with the MSHCP.
CITY COUNCIL RESOLUTION NO. 2010 -016
PAGE 2 OF 5
SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the City Council makes the following findings:
1. The proposed 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 an MSHCP Criteria Cell.
However, based on requirements of the MSHCP, the project is required to be
consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool
Guidelines, Section 6.1.3 Protection of Narrow Endemic Plant Species
Guidelines, Section 6.1.4 Urban/Wildlands Interface Guidelines, Section 6.3.1
Vegetation Mapping Guidelines, Section 6.3.2 Critical Area Species Survey Area
Guidelines and Section 6.4 Fuels Management Guidelines. The majority of the
project site was previously developed with a fast food restaurant that will be fully
demolished in association with the project. The remainder of the project site is
undeveloped. No habitat is present on this portion of the site.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
As stated above, the Project is not located within a Criteria Cell and therefore the
Project was not processed through a LEAP or Joint Project Review.
3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal
Pools Guidelines.
No riverine /riparian areas or vernal pools are present on the undeveloped portion
of the project site. The project is therefore consistent with the Riparian /Riverine
Areas and Vernal Pool Guidelines set forth in Section 6.1.2. No further action
regarding this section of the MSHCP is required.
4. The proposed 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 Plan Species Guidelines as set
forth in Section 6.1.3 of the MSHCP are not applicable to the Project.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
Per MSHCP requirements, the project is subject to Critical Area Species Survey
Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the
CITY COUNCIL RESOLUTION NO. 2010 -016
PAGE 3 OF 5
undeveloped portion of the project site is subject to Burrowing Owl surveys. The
City conducted a habitat suitability assessment for Burrowing Owl. There is no
vegetation on the site and the soils are highly disturbed. Due to the nature of the
disked soils and lack of debris or appropriate sized rodent holes, the site would
be considered unsuitable for Burrowing Owls. No further action regarding this
section of the MSHCP is required.
6. The proposed project is consistent with the UrbanNVildlands Interface
Guidelines.
The Project site has either been previously developed or is surrounded by
existing development and graded. Therefore, Urban/Wildland Interface
Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the
project. No further action regarding this section of the MSHCP is required.
7. The proposed project is consistent with the Vegetation Mapping requirements.
None of the resources for which the vegetation mapping requirements apply will
be impacted by the Project. No further action regarding this section of the
MSHCP is required.
8. The proposed 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. No further action regarding this Section of the MSHCP is required.
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
10. The proposed project is consistent with the MSHCP.
Based upon the information provided above, the Project is consistent with all
applicable provisions of the MSHCP. No further actions related to the MSHCP
are required.
SECTION 3. Based upon the evidence presented, the above findings, and the
conditions of approval attached to the Resolutions approving Commercial Design
Review No. 2009 -07, Variance No. 2009 -03 and Conditional Use Permit No. 2009 -11,
the City Council hereby adopts findings that the Project is consistent with the MSHCP.
CITY COUNCIL RESOLUTION NO. 2010 -016
PAGE 4 OF 5
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 27th day of April 2010.
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MELISSA A. MELENDE
MAYOR
ATTEST:
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CAROL COWLEY
INTERIM CITY CLERK
APPROVED AS TO �FORM
MOLD CITY ATTORNEY
CITY OF LAKE ELSINORE
CITY COUNCIL RESOLUTION NO. 2010 -016
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2010 -016 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 27th day of April 2010, and that the
same was adopted by the following vote:
AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN. MAGEE, MAYOR
PRO TEM BHUTTA AND MAYOR MELENDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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C OL COWLEY
INTERIM CITY CLERK