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Home My WebLink AboutCC Reso No 2018-111 Planning Application 2017-74 (MSHCP)RESOLUTION NO. 2018 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2017- 74 (COMMERCIAL DESIGN REVIEW NO. 2018 -02; TENTATIVE PARCEL MAP NO. 37534; CONDITIONAL USE PERMIT NO. 2017 -18) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Tally CM has submitted an application for several entitlements which include a Tentative Tract Map for the consolidation of three (3) lots into one (1) lots and the reconfiguration of the adjacent right of way, a Conditional Use Permit to permit the operation of a vehicle sales and repair facility and a Commercial Design Review application for development of a 53,425 square foot of building. The Project site is located on the southeast corner of the intersection of Collier and Crane Avenues in Lake Elsinore, California and is comprised of three parcels, totaling approximately 6.97 acres in size, and known as Assessor Parcel Numbers (APNs) 377 - 080 -053, 377 - 080 -057, and 377 - 080 -079; 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 discretionary development projects be analyzed pursuant to the MSHCP "Plan Wide Requirements" even if not within an MSHCP criteria cell; and, Whereas, the Project is discretionary in nature and requires review and approval by the Planning Commission (Commission) and City Council (Council); and, Whereas, the Project is not located within a MSHCP Criteria Cell and 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, pursuant to LEMC Chapter 16.24 (Tentative Map), 17.186 (Conditional Use Permits), and 17.184 (Design Review) the Commission has been delegated with the responsibility of making recommendations to the Council pertaining to Design Review, Conditional Use Permits, and Tentative Maps; and, Whereas, on August 7, 2018, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to LEMC Chapter 16.24 (Tentative Map), 17.186 (Conditional Use Permits), and 17.184 (Design Review) the Council has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for Tentative Maps, Conditional Use Permits, and Design Review applications; and; CC Reso. No. 2018 -111 Page 2 of 4 Whereas, on August 14, 2018, at a duly noticed Public Hearing the Council has considered 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 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 Council makes the following findings for MSHCP consistency: 1. The proposed 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 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 § 6.2), 1. Protection of Narrow Endemic Species MSHCP § 6.3), 1. Urban/Wildlands Interface Guidelines (MSHCP § 6.4), 1. Vegetation Mapping (MSHCP § 6.1), 3.Additional Survey Needs and Procedures (MSHCP § 6.2), 3. Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The proposed project is 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. Section 6.21. of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. No riparian /riverine areas are located within the project site and there are no potential vernal pools within the project site, therefore, the Project is consistent with Section 6.21. of the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not within the MSHCP Narrow Endemic Plant Species (NEPS) or Criteria Area Species (CAS) survey areas. There were no rare plants found within the project area CC Reso. No. 2018 -111 Page 3 of 4 and there is no suitable habitat for rare plants. 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 proposed project is not within any MSHCP Criteria Area Species Survey Area (CA SSA) for plant or animal species. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.41. of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Currently, the proposed project is not located adjacent to land dedicated to the MSHCP Reserve. 7. The proposed project is consistent with the Vegetation Mapping requirements. Vegetation mapping was conducted as part of the biological surveys conducted on the entire Project Site and is consistent with the MSHCP Section 6.13. Vegetation Mapping requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area and shall be implemented as part of the Project. As such, the Project is consistent with the Fuels Management Guidelines. The project will not be affected by fuels management requirements either on site or on adjacent undeveloped land. 9. The proposed project is 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 reserve assembly requirements of the MSHCP. The MSHCP provides for the assembly of a Conservation Area consisting of Core Areas and Linkages for the conservation of covered species. The subject project is not located in a Criteria Cell, existing Reserve Area, or in Public /Quasi- Public habitat conservation land. 11. 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. CC Reso. No. 2018 -111 Page 4 of 4 Section 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption. Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 14' day of August 2018. Attest: r •, Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA 7 COUNTY OF RIVERSIDE j ss. CITY OF LAKE ELSINORE } I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018 -111 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August 14, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, NOES: None ABSENT: None ABSTAIN: None Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson Susan M. Domen, MMC City Clerk