HomeMy WebLinkAboutCC Reso No 2015-038 City Council ResoRESOLUTION NO. 2015 -038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW
NO. 2014 -14 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
WHEREAS, Worlden Chang, has filed an application with the City of Lake Elsinore
requesting approval of Commercial Design Review No. 2014 -14 (the "Project') for
approval of building designs for the development of a 7,751 square foot restaurant and
ancillary improvements on three unimproved lots that total 2.03 acres generally located
at the southwesterly corner of Dexter Avenue and 3rd Street (APN: 377 - 080 -059, 078
and 082); and
WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) requires that all discretionary projects within an MSHCP
criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project
Review ( "JPR ") to analyze the scope of the proposed development and establish a
building envelope that is consistent with the MSHCP criteria; and
WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake
Elsinore adopt consistency findings demonstrating that the proposed discretionary
entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives;
and
WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184
(Design Review) the Planning Commission has been delegated with the responsibility of
making recommendations to the City Council pertaining to the residential design review;
and
WHEREAS, on May 5, 2015, at a duly noticed public hearing the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and adopted Planning
Commission Resolution No. 2015 -43 recommending that the City Council adopt findings
that Commercial Design Review No. 2014 -14 is consistent with the MSCHP; and,
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code
( "LEMC') the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning
Commission for commercial design review applications; and
WHEREAS, on May 26, 2015, at a duly noticed public meeting, the City Council
has considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
City Council Resolution No. 2015 -038
Page 2 of 4
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 Project and its consistency with
the MSHCP.
SECTION 2. That in accordance with the MSHCP, the City Council makes the
following findings for MSHCP consistency:
1. The 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 lies is not located within a MSHCP
Criteria Cell. Based upon the site reconnaissance survey there are no issues
regarding consistency with the MSCHP's other "Plan Wide Requirements."
The only requirements potentially applicable to the Project were the
Protection of Species Associated with Riparian /Riverine Areas and Vernal
Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP
Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The
Project site has is located adjacent to the Interstate 15 freeway, and has no
habitat present on site, including riparian /riverine areas or vernal pools.
2. The Project is subject to the City's LEAP and the Western Riverside County
Regional Conservation Authority's (RCA) Joint Project Review processes.
As stated above, the Project is not located within a Criteria Cell and therefore
the Project was not processed through the City's LEAP and a Joint Project
Review.
3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools
Guidelines.
The site reconnaissance survey revealed that no riparian, riverine, vernal
pool /fairy shrimp habitat or other aquatic resources exist on the site. As such,
the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in
Section 6.1.2 of the MSHCP are not applicable.
4. The Project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
The site does not fall within any Narrow Endemic Plant Species Survey Areas.
Neither a habitat assessment nor further focused surveys are required for the
Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines
City Council Resolution No. 2015 -038
Page 3 of 4
as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The MSHCP only requires additional surveys for certain species if the Project
is located in Criteria Area Species Survey Areas, Amphibian Species Survey
Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of
the MSHCP. The Project site is not located within any of the Critical Species
Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not
applicable.-
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
The Project site is not within or adjacent to any MSHCP criteria or
conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of
MSHCP Section 6.1.4 are not applicable.
7. The Project is consistent with the Vegetation Mapping requirements.
There are no resources located on the Project site requiring mapping as set
forth in MSCHP Section 6.3.1.
8. The Project is consistent with the Fuels Management Guidelines.
The Project site is not within or adjacent to any MSHCP criteria or
conservation areas. Therefore, the Fuels Management Guidelines of MSHCP
Section 6.4 are not applicable.
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.
SECTION 3. Based upon all of the evidence presented and the above findings,
the City Council finds that the Project is consistent with the MSHCP.
City Council Resolution No. 2015 -038
Page 4 of 4
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, on the 2pi h day of May, 2015.
ATTEST:
Virginia . Bloo ity Clerk
APPROVED AS T
Bad ara Leibold, C
?,FORM'
��;41II1II,
ity Attorney
?�lgnos, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2015 -038 was adopted by the City Council of the City of Lake
Elsinore, California, at a Regular meeting held on the 261' day of May 2015, and that the
same was adopted by the following vote:
AYES: Council Member Magee, Mayor Pro Tern Tisdale, Council Member
Johnson, Council Member Hickman, and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None n
Virginia Blo , City Clerk