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HomeMy WebLinkAboutCC Reso No 2020-019 MSHCP for Planning Commission Application No. 2018-47RESOLUTION NO. 2020-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2019- 47 (ZONE CHANGE NO. 2019-06 AND TENTATIVE PARCEL MAP NO. 37773) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Debra Wong, RKW MLW Elsinore, LP, has filed an application with the City of Lake Elsinore (City) requesting approval of Zone Change No. 2019-06 to change the zoning designation for a small portion of the property from Limited Manufacturing (M-1) to Commercial Manufacturing (C-M) Zone and Tentative Parcel Map No. 37773 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065); and, Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the 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 adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.040 (Zoning amendments) and Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to zone changes and tentative maps; and, Whereas, on January 21, 2020 and February 18, 2020, 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 adopted a resolution recommending that the Council adopt Findings of Consistency with the MSHCP; and, Whereas, on March 24, 2020 at a duly noticed Public Hearing, the Council has considered the recommendation of the 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 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 Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. CC Reso. No. 2020-019 Page 2 of 4 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 MSHCP'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). 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 the RCA's Joint Project Review process. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. Any future development would be subject to additional City review and approval. 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 applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. Any future development would be subject to additional City review and approval. 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 applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. Any future development would be subject to additional City review and approval. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. Any future development would be subject to additional City review and approval. 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. CC Reso. No. 2020-019 Page 3 of 4 The applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. Any future development would be subject to additional City review and approval. Therefore, the mapping requirements set forth in MSHCP Section 6.3.1. are not applicable. 8. The Project is consistent with the Fuels Management Guidelines. The applicant has not proposed any specific physical development of the subject site. The Project consists of only the corrective action to the zoning designation and the legal division of the existing parcel. No grading or other development is proposed with this subdivision. 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 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 at a regular meeting of the City Council of the City of Lake Elsinore, California, this 24th day of March 2020. C _ Brian Tisdale Mayor Attest: Candice Al v re , MC City Clerk CC Reso. No. 2020-019 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-019 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 24, 2020 and that the same was adopted by the following vote: AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro -Tern Magee; and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Candice A U MMC City Clerk �� I