HomeMy WebLinkAboutCC Reso No 2008-031RESOLUTION NO. 2008- 3t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS THAT THE ENTITLEMENTS ARE
CONSISTENT WITH THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
WHEREAS, Michael Quirk of Elsinore West LLC filed an application with
the City of Lake Elsinore requesting approval of General Plan Amendment No. 2007-06,
Conditional Use Permit No. 2006-02, Industrial Design Review No. 2006-02, and
Tentative Parcel Map No. 33531 for the design and construction of five (5) light
industrial/commercial buildings totaling 41,308 square feet on a 3.03 acre site with
related improvements (the "Entitlements"), bounded by Collier Avenue and Minthorn
Street, south of Chaney Street, APNs: 377-190-002, -003, and -004 (the "Property");
and
WHEREAS, Section 6.0 of the 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 applications are discretionary in nature and require review
and approval by the Planning Commission and/or City Council; and
WHEREAS, the applications are not within an MSHCP Criteria Cell, Core
or Linkage, but are 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, the City Council has been delegated with the responsibility of
determining consistency of discretionary entitlements with the MSHCP; and
WHEREAS, public notice of the Entitlements 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 February 26, 2008.
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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 in that the Entitlements are 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 Cell. However, the Property
is within the Elsinore Plan Area and must be reviewed for consistency with the
MSHCP "Plan Wide Requirements."
2. The proposed project is subject to the City's LEAP and the
County's Joint Project Review processes.
As stated above, the Property is not located within a MSHCP Criteria Cell and
therefore the Enfitlements were not reviewed through the LEAP or JPR
processes.
3. The proposed project is consistent with the Riparian/Riverine Areas
and Vernal Pools Guidelines.
The proposed project would nof impact any wafer features that meet the Multiple
Species Habitat Conservation Plan (MSHCP) definifion of a riparian/riverine
resource. In addition, no vernal pools exist on the project site; therefore, due to
the lack of suitable habitat, there is a very low potential for vernal pool species fo
occur. The project is therefore consisfent with the Riparian/Riverine Areas and
Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further
action regarding this section of the MSHCP is required.
4. The proposed project is consistent with the Protection of Narrow
Endemic Plant Species Guidelines.
Per MSHCP requiremenfs, fhe Property is not subjecf to the Narrow Endemic
Plant Species Guidelines set forth in Section 6.1.3. No further action regarding
this section of the MSHCP is required.
5. The proposed project is consistent with the Additional Survey
Needs and Procedures.
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Per MSHCP requirements, the Properfy is not subject to any of the Critical Area
Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. As
required by the MSHCP, mifigation has been included to conduct a Burrowing
Owl survey 30 days prior to any ground-disturbance, including removal
vegetation or other debris. No further acfion regarding this section of the
MSHCP is required.
6. The proposed project is consistent with the Urban/Wildlands
Interface Guidelines.
The Property is surrounded by existing urbanized areas and is not located
adjacent to any conserved or open space areas. Therefore, the Urban/Wildlands
Interface Guidelines set forfh in Section 6.1.4 of fhe MSHCP are nof applicable.
No further action regarding fhis section of the MSHCP is required.
7. The proposed project is consistent with the Vegetation Mapping
requirements.
The project site does not encompass any vegetation resources requiring
mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding
this section of the MSHCP is required.
8. The proposed project is consistent with the Fuels Management
Guidelines.
As stated above, the Property is surrounded by existing urbanized areas and is
not locafed adjacent to any conserved or open space areas. Therefore, the
Fuels Management Guidelines as sef forth in Section 6.4 of the MSHCP are not
applicable. No further action regarding this section of the MSHCP is required.
9. The proposed project will be conditioned to pay the City's MSHCP
Local Development Mitigation Fee.
The developer will be required to pay fhe City's MSHCP Local Development
Mitigation Fee.
10. The proposed project is consistent with the MSHCP.
The Entiflements are consistenf with all applicable provisions of fhe MSHCP. No
further actions related to the MSHCP are required.
SECTION 3. Based upon the evidence presented, the above findings,
and the attached conditions of approval, the City Council of the City of Lake Elsinore
does hereby adopt findings that the Entitlements are consistent with the MSHCP.
SECTION 4. This resolution shall take effect from and after the date of its
passage and adoption.
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PASSED, APPROVED AND ADOPTED on this 26th day of February
2008.
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R ICKMAN, MAYOR
CITY OF LAKE ELSINORE
AT S :
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VIAN M. MUNSON
CITY CLERK
APPROVED AS TO FOR .
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RBARA Z ID L IBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2008-31 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 26th day of February 2008, and that the same
was adopted by the following vote:
AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley,
Councilmembers Robert E. Magee & Robert Schiffner
NOES: None
ABSTAIN: None
ABSENT: Councilmember Thomas
Buckley
A... /l.~G..
V VIAN M. MUNSON
CITY CLERK