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HomeMy WebLinkAboutCC Reso No 2008-015RESOLUTION NO. 2008- is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, GT Engineering has submitted an application for Conditional Use Permit No. 2006-09 and Residential Design Review No. 2006-03 (the "EntitlemenY'), for the development of an eighteen unit apartment complex located at 15796 Grand Avenue (the "Property"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria celi, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, public notice of the Entitlement has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on January 8, 2008. 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 proposed application and its consistency with the MSHCP prior to making a decision to recommend to adopt Findings that the Entitlement is Consistent with the MSHCP. Section 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 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 Property is not located within a MSHCP Criteria CeII. However, pursuant to the City's MSHCP Resolution, the project is required to be reviewed for consistency with the MSHCP "Other Plan Wide Requirements," including consistency with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 1 The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the proposed project is nof located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Property is located on a 1.85-acre undeveloped site with an existing single- family residence located on a portion of the site. No riverine/riparian areas, vernal pools, or fairy shrimp habitat are presenf on the Property. The Project is fherefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further acfion regarding this section of the MSHCP is required. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSNCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Project is not subject to the Critical Area Species Survey Area Guidelines as set forfh in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Project is substantially surrounded by existing development, and none of the surrounding properties are designated conseivation land o~ open space. Therefore, the Urban/Wildlands /nferface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Property that would be subject to the requirements of Vegetation Mapping set forth in Secfion 6.3.1 of the MSHCP. No further action regarding this secfion of the IVISHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As sfated above, fhe Project is substantially surrounded by existing and planned development. Therefore, the Fuels Management Guidelines set forfh in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay fhe 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 is consistent with the MSHCP: The Project is consistent with all applicable provisions of the MSHCP. No fu~fher actions related to the MSHCP are required. Section 3. Based upon the evidence presented and above findings, the City Councii of the City of Lake Elsinore does hereby adopt Findings that the Entitlement is 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 regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of January, 2008 DA HICKMAN MAYOR AT EST: IVIAN M. MUNSON CITY CLERK 3 APPROVED AS TO FORM: 0 RBARA EID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Cierk of the City of Lake Elsinore, California, hereby certify that Resolution No. zoos-is was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of January 2008, and that the same was adopted by the foilowing vote: AYES: MAYOR HICKMAN, COUNCILMEMBER BUCKLEY, COUNCILMEMAER MAGEE, COUNCILMEMRER SCHIFFNER NOES: NONE ABSTAIN: r~YOx rxo TEM KELLEY ABSENT: NorrE . ~ VI IAN M. MUNSON CITY CLERK 4