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Home My WebLink AboutCC Reso No 2009-19 RESOLUTION NO. 2009-19 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE LAKE STREET MARKETPLACE IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Marinita Development Co., (the "Developer") filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01, Uniform Sign Program No. 2008-02 and Mitigated Negative Declaration No. 2008-10 for the design and construction of a 34,194 square foot retail shopping center (the 'Project') on a 4.3-acre site located the northwest corner of Lake and Mountain Streets (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, 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 has the responsibility of making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and I WHEREAS, public notice of the Project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 2009. r NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CITY COUNCIL RESOLUTION NO. 2009-19 PAGE 2OF5 SECTION 1. The City Council has considered the proposed application and its I( I 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 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 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. The JPR was completed on September 23, 2008. 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 located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project site does encompass scattered vegetation which could be considered a riparian resource. However, this vegetation will not be directly or indirectly affected by the proposed project. As such, 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 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 Property 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. The Property was assessed for suitable habitat for Criteria Area Species, set forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these species, including Burrowing Owl, exists on the project site. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 I CITY COUNCIL RESOLUTION NO. 2009-19 PAGE 3 OF 5 days prior to any ground-disturbance, including the removal of vegetation or ~I other debris. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The MSHCP contains requirements to address anticipated urban/wildland interface issues associated with the conservation areas. Section 6.1.4 of the MSHCP sets forth guidelines to address indirect edge effects associated with locating development adjacent to MSHCP Conservation Areas. These edge effects can adversely affect the biological resources within an identified Conservation Area. The Guidelines provide direction on drainage, the application of toxic chemicals, lighting, noise, invasive plant species, barriers to animal movement, and grading issues. However, the project is surrounded by urban development, is not adjacent to any wildland areas. Consequently, the proposed project is consistent with the provisions of the MSHCP. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site is surrounded by urban development and is not adjacent to any wildland areas. In addition, the Project is non-residential, has incorporated building setbacks and will not encroach into MSHCP conservation areas. This area has been mapped in accordance with the MSHCP requirements. No further action regarding this section of the MSHCP is required. Fill 8. The proposed project is consistent with the Fuels Management Guidelines. The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The project site is surrounded by urban development and is not adjacent to any wildland areas. In addition, the Project is non-residential, has incorporated building setbacks and will not encroach into MSHCP conservation areas. The Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. 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. I CITY COUNCIL RESOLUTION NO. 2009-19 PAGE 4 OF 5 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 attached to the Resolution approving General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01, Uniform Sign Program No. 2008-02 and Mitigated Negative Declaration No. 2008-10, 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 on this 12th day of May 2009. R ER MAGEE MAYOR ~I ATTEST: %PEBORA V 1Y CCEF2K % v v ~ y APPROVED:AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY I CITY OF LAKE ELSINORE I CITY COUNCIL RESOLUTION NO. 2009-19 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE J I, Debora Thomsen, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-19 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 i ABSTAIN: None i EBORA HTOMSEI9. CITY CLERK t C I