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Home My WebLink AboutCC Reso No 2015-088 City Council Reso.RESOLUTION NO. 2015 -088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE WALMART SUPERCENTER PROJECT WHEREAS, Barry Linder of Greenberg Farrow on behalf of Wal -Mart Real Estate Business Trust (the "Applicant ") has requested approval of Conditional Use Permit No. 2013 -06, Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013- 07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09, which are collectively referred to herein as the "Project ", and WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (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, on November 3, 2015 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -73 recommending that the City Council adopt findings that Conditional Use Permit No. 2013 -06, Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09 are consistent with the MSHCP; and. WHEREAS, on December 1, 2015, at a duly noticed public hearing, 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 -088 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP for Conditional Use Permit No. 2013 -06, Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09. SECTION 2. In accordance with the City of Lake Elsinore Municipal Code and the MSHCP, findings for adoption have been made as follows: 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 proposed project includes a commercial design review and conditional use permit requests that require a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5. 1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The project site does not contain areas defined by the MSHCP as riparian /riverine, nor does the Project site support vernal pools or vernal pool - associated species. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species, none of which has City Council Resolution No. 2015 -088 Page 3 of 4 any potential to occur on the project site. Therefore, the Project is consistent with the riparian /riverine and vernal pool requirements of the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is not located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of therefore, focused plant surveys are not required for species identified under Section 6.1.3 of the MSHCP. Thus, the project is consistent with the Narrow Endemic Plant Species requirements of the MSHCP. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Area, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is not located within any of these MSHCP Additional Survey Areas. No surveys are required and the proposed project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The MSHCP Urban/Wildland Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. The project site is not located within a MSHCP Criteria Area and is not located adjacent to any Criteria Cell describing areas of conservation. The proposed project is not expected to result in significant indirect impacts to special- status biological resources. The required compliance with all of the mitigation measures set forth in the Environmental Impact Report (EIR) (SCH# 2014051093) prepared for the proposed Project, which include implementation of the BMPs in Appendix C of the MSHCP (included as Mitigation Measure BIO -1) would ensure compliance with the MSHCP. Thus, the proposed project is consistent with the Guidelines Pertaining to the Urban/Wildland Interface. 7. The proposed project is consistent with the Vegetation Mapping requirements. No vegetation mapping requirements apply to the proposed project. 8. The proposed project is consistent with the Fuels Management Guidelines. City Council Resolution No. 2015 -088 Page 4 of 4 The proposed project site is separated from nearby criteria cells by other properties. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The proposed project is 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 overall 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 and the above findings, City Council of the City of Lake Elsinore hereby adopts findings that Conditional Use Permit No. 2013 -06, Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09 are 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 at a special meeting of the City Council of the City of Lake Elsinore, California, this 1st day of Pe�cember, 2015. , Mayor ATTEST: 'i t, Susan Domen, MMC City Clerk APPROVED AS TQ- FORM: Barbara Leibol�d, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -088 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 1St day of December 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Magee, and Mayor Manos NOES: None ABSENT: Hickman ABSTAIN: None Susan M. Domen, City Clerk