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Home My WebLink AboutCC Reso No 2010-019RESOLUTION NO. 2010-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 2008-01 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Carl Johnson, Lake Elsinore 1, L.P., for the design, construction and establishment of five (5) industrial/warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ("the Project'), which will be located on the north side of Collier Avenue west of Riverside Drive (the "Site"); 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, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements"; 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, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan; and WHEREAS, the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to the industrial design review is a discretionary action subject to the MSHCP; and CITY COUNCIL RESOLUTION NO. 2010-019 PAGE 2OF5 WHEREAS, the City Council has considered the recommendation of the Planning Commission following its consideration on April 20, 2010, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 11, 2010. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the Project's consistency with the Multiple Species Habitat Conservation Plan prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as 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 Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. According to the LEAP Analysis, no riverine/riparian resources or vernal pools were identified within or adjacent to the proposed Project Site. The Biological Resources Report completed by LSA Associates, dated November 12, 2008, identified that the Project Site is not conducive for the formation of vernal pools or other suitable fairy shrimp habitat. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. According to the Biological Resources Report completed by LSA Associates, dated November 12, 2008, the Project is not located in a Narrow Endemic Plant Species Survey Area (NEPSSA). A small portion (less than '/z acre) of the extreme southwest CITY COUNCIL RESOLUTION NO. 2010-019 PAGE 3OF5 corner of the project site is located within a Criteria Area Species Survey Area (CASSA). However, due to the level of disturbance on site and the absence of suitable soils (clay or alkaline soils), no focused surveys for NEPSSA or CASSA species are required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Further, no suitable habitat for burrowing owl or any of the Criteria Area Species is present on the proposed project site. Soils are compacted, portions of the site are developed, and the site is located in a growing commercial area of the City. Currently, the project site does not support suitable habitat (small-mammal burrows) or man-made structures (i.e., concrete or refuse debris piles) for the burrowing owl. Therefore, the current conditions of the site would not allow for the colonization of any of the plant or animal species covered under this Section of the MSHCP. 6. The Project is consistent with the UrbaNWildlands Interface Guidelines. The site is substantially surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed. As such, the Urban Wildlands Interface Guidelines are not applicable to the proposed Project. 7. The Project is consistent with the Vegetation Mapping requirements. No resources are present on the Project Site. As such, the vegetation mapping requirements are not applicable to the proposed project. 8. The Project is consistent with the Fuels Management Guidelines. The Site has been recently disturbed and other than a few trees, ornamental shrubs and grasses, there is no substantial vegetation remaining on the site. Further, the site is surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed, for which the Fuels Management Guidelines would apply. As such, the Fuel Management Guidelines of the MSHCP do not apply to the proposed Project. 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. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. CITY COUNCIL RESOLUTION NO. 2010-019 PAGE 4 OF 5 Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of May, 2010 MEL SSA A. MELENDEZ MAYOR A INTERIM CITY CLERK APPROVED AS TO FORM: &,M -&u6c BA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION NO. 2010-019 PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-019 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11th day of May 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, AND MAYOR MELENDEZ NOES: NONE ABSENT: COUNCIL MEMBER BUCKLEY ABSTAIN: NONE CAR CO L INTERIM CITY CLERK