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Home My WebLink AboutCC Reso No 2009-16 I! RESOLUTION NO. 2009-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE LAKESHORE VILLAGE APARTMENTS IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Central Valley Coalition has filed an application with the City of Lake Elsinore requesting approval of the Project identified as Tentative Parcel Map No. 36017 and Residential Design Review No. 2007-12 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; 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, action taken by the Planning Commission and City Council with regard to the tentative parcel map and residential design review applications is a discretionary action subject to the MSHCP; and WHEREAS, the Project Site is not located within a criteria cell, but 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 the responsibility of 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 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 May 12, 2009. City Council Resolution 2009-16 Page 2 of 5 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. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following 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. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements". Protection of Species Associated with Riparian / Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban / Wildiands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP§ 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. Therefore, a Joint Project Review with the RCA was not required. 3. The Project is consistent with the Riparian i Riverine Areas and Vernal Pools Guidelines. The Project Site is not located within any sensitive natural community identified in local or regional plans and will not affect any riparian habitat or other sensitive natural communities. Additionally, the Project is considered to be an "in-fill" development with urban uses surrounding the site, making the likelihood of the Project Site being biologically significant unlikely." There are no Vernal Pools 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 Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. City Council Resolution 2009-16 Page 3 of 5 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 Project is consistent with the Urban / Wildlands Interface Guidelines. The Project is surrounded by existing urban uses (single family residential 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. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Project 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. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within an area requiring additional surveys. As such, the provisions of Section 6.3.2 do not apply to the Project. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by urban development, specifically single family residential development. Therefore, 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 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 Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 36017 and Residential Design Review No. 2007-12, 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 I I passage and adoption. I City Council Resolution 2009-16 Page 4 of 5 ri PASSED, APPROVED AND ADOPTED o s 12~' day of May 2009. f R ER MAGEE MAYOR ATTEST: ORA THOMSEN, CMC `-G.TY Ct-ERK / _ \ l A4 R VED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Fill' Fill City Council Resolution 2009-16 Page 5 of 5 ~I STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE ,,,JJJ I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-16 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of May 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, Councilwoman Amy Bhutta, Councilman Daryl Hickman NOES: None ABSENT: Councilman Thomas Buckley ABSTAIN: None v V'147~~ = DEBORA THOMSFN;,CMC CITY CLERK I i i