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HomeMy WebLinkAboutCC Reso No 2011-043 City Council ResoRESOLUTION NO. 2011-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED LAKESHORE MEDICAL CENTER WHEREAS, Pablo Paredes AIA, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2011-01; to construct a 5,065 square-foot pharmacy and medical complex. The vacant project site is generally located on Lakeshore Drive, and commonly identified as APN 378-290-005 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP indicates project which are proposed for development in an area not covered by an MSHCP criteria shall be analyzed pursuant to the MSHCP "Plan wide Requirements" and the City of Lake Elsinore shall make the findings that the project is consistent with those requirements; and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary; and WHEREAS, on June 7, 2011, the Planning Commission of the City of Lake Elsinore considered the project and its consistency with the MSHCP and recommended that the City Council make findings that the project is consistent with the MSHCP; and WHEREAS, the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 12, 2011. 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 proposed application and its consistency with the MSHCP prior to making a decision to approve Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings for MSHCP consistency: 1 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 a 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 and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it 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 Riparian/Riverine areas or vernal pools are present on the project site. The project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. 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. Per MSHCP requirements, the project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 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 project 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 the lack of debris or appropriately 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 UrbanMildlands Interface Guidelines. The project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands 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. There are no resources existing on site that would be subject to the requirements of Vegetation mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP 2 are not applicable to the project. 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. 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 imposed upon the proposed project, the City Council of Lake Elsinore does hereby adopts the above findings regarding the Project's consistency 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 12thslay-f JujyA?, 2011. EE MAYOR PRO APPROVED AS TO FORM: BARBARA ZEID LEI BOLD CITY ATTORNEY 3 ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011-043 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of July 2011, and that the same was adopted by the following vote: AYES: Council Members Tisdale, Melendez, Hickman and Mayor Pro Tern Magee NOES: None ABSENT: Mayor Bhutta ABSTAIN: None 6Lb Virgini . Blot City Cler