HomeMy WebLinkAboutCC Reso No 2016-027 CC Reso RDR 2015-03 is Consistent with MSHCPRESOLUTION NO. 2016 -027
A RESOLUTION THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT RESIDENTIAL DESIGN REVIEW NO. 2015-03 IS
CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Stanley Lau, Plenty of Gold, LLC requests approval of the
construction of a 6,839 Square Foot, Eight (8) Unit Apartment Complex, laundry facility,
trash enclosure and related improvements. The proposed project is specifically located
at Located at 125 Heald Ave (APN: 373 - 025 -008) generally located at the northeast
corner of Heald Ave and Ellis Street; and
WHEREAS, Section 6.0 of the 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, on March 15, 2016, 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.
WHEREAS, on April 12, 2016, 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.
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 considered the Project and its consistency with
the MSHCP prior to adopting Findings of 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
CITY COUNCIL RESOLUTION NO. 2016 -027
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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 is located in a developed area, 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
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.
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6. The project is consistent with the UrbanMildlands 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, the above findings, and
the conditions of approval imposed upon the project, the City Council 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake
Elsinore, California, on the 12th day of April, 2016.
Bria i of , Mayor
ATTEST: APPR VED AS T O
G: a� —�
Susan M. Domen, MMC, City Clerk Ba ra Leibold, City Attorney
CITY COUNCIL RESOLUTION NO. 2016 -027
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE SS
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify
that Resolution No. 2016 -027 was adopted by the City Council of the City of Lake Elsinore at a
regular meeting held on the 12th day of April, 2016, by the following vote:
AYES: Council Members Manos, Johnson and Hickman, Mayor Pro Tern Magee
and Mayor Tisdale
NOES: None
ABSTAIN: None
ABSENT: None
Susan M. Domen, MMC, City Clerk