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HomeMy WebLinkAboutCC Reso No 2011-056 City Council ResoRESOLUTION NO. 2011 -056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS COMMERCIAL DESIGN REVIEW NO. 2011 -05 IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Bickel Underwood Architects (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2011 -05 ( "the Design "), in conjunction with Conditional Use Permit No. 2011 -05, which are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Project on property located at 31650 Mission Trail, at the northeast corner of Diamond Drive and Mission Trail, and known as Assessor's Parcel No. 363- 130 -044 (the "Site "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by 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 not within an MSHCP 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 not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was 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 has been delegated with the responsibility making decisions regarding the 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 Community Development Department and other interested parties at a public hearing held with respect to this item on September 27, 2011. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 2 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION 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 adopting Findings of Consistency with the MSHCP. 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. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No Riparian /Riverine habitat or Vernal Pools exist on the Site. The project site is completely built out and developed with an existing drive through restaurant. The Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. There are no sensitive plant species or communities that exist on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 3 OF 5 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. In addition, the project site is not located in an area that requires focused and additional surveys under Section 6.3.2 of the MSHCP. Therefore, no further actions are required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP 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. Based upon the project location and findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby finds 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. CITY COUNCIL RESOLUTION NO. 2011- 056 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED this 27th day of September 2011. ATTEST: VIRGINIA LOOM CITY CLE APPROVED AS TO FORM: .1 CITY ATTORNEY CITY OF LAKE ELSINORE 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 -056 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of September 2011, and that the same was adopted by the following vote: AYES: Council Members Tisdale, Melendez, Weber and Mayor Pro Tern Magee NOES: None ABSENT: Council Member Hickman ABSTAIN: None Virginia loo City Cie