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HomeMy WebLinkAboutCC Reso No 2008-040RESOLUTION N0. 2008-~[~ 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, the City of Lake Elsinore is requesting approval of Capital Improvements Project No. 4237 and Mitigated Negative Declaration No. 2007-13 for the rehabilitation of the existing dilapidated boat launch facility off of Riverside Drive (the "ProjecY'), APNs: 379-120-008 and 379-100-015 (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; and WHEREAS, Section 6.0 further requires that all development within or outside of criteria celis must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project was reviewed for consistency with MSHCP Criteria and pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the MSHCP requires that the City adopt consistency findings prior to approval of the Project; and WHEREAS, the City Council has been delegated with the responsibility of determining consistency of the Project with the MSHCP; and WHEREAS, public notice of the Project 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 March 11, 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 Project and its consistency with the MSHCP in that it 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 Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project includes two major components: the Boaf Launch Facility (BLF) and `Yhe borrow site". The BLF is not located within an MSHCP Criteria Cell. However, `Yhe borrow site" is located within a MSHCP Criteria Cell. The borrow site was reviewed for consistency wifh MSHCP Criteria while both the borrow site and BLF were reviewed for consistency with the MSHCP `Plan Wide Requirements." 2. The Project is subject to the City's LEAP and the County's Joint Project Review process. As stated above, the borrow site is within a Criteria Cell. As such, the Project was reviewed through the LEAP (No. 2007-06) and the JPR (No. 07-11-19-01) process. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project would impact water features thaf ineet the MSHCP definition of a riparian/riverine resource. As a result a Determination of Biological or Equivalent Preservation (DBESP) was prepared to propose mitigation to these resources. No vernal pools or fairy shrimp exist on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding fhis section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Prope~ty is subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. Focused surveys were conducted but none of the species covered under this MSHCP section were found on the Property. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. Pe~ MSHCP requirements, the Property is subject to the Critical Area Species Survey Area Guidelines as set forfh in Section 6.3.2 of the MSHCP. Focused surveys were conducted but none of the species covered under this MSHCP section were found on the Property. No further action regarding this section of the MSHCP is required. 2 6. The Project is consistent with the Urban/Wildlands InterFace Guidelines. The Property is adjacent to a MSHCP Conservation Area. Therefore, the Urban/Wildlands lnterface Guidelines set forth in Sectron 6.1.4 of the MSHCP are applicable. The Project as proposed includes measures to control adverse effects on adjacent conservation areas. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. The Property does encompass any vegetation resources requiring mapping set forth in Section 6.3.1 of the MSHCP. The mapping requirements were completed pursuant to the MSHCP. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Property is located adjacent to a MSHCP Conservation Area. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are applicable to the Project. The Project as proposed includes measures pursuant to the Fuels Management Guidelines. No further action regarding fhis section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The deve%per will pe required to pay the City's MSHCP Loca/ Development Mifigation Fee. 10. The Project is consistent with the MSHCP. The LEAP and JPR process were completed February 7, 2008 finding the Project as proposed consistent with al/ provisions of the 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 Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. 3 PASSED, APPROVED, AND ADOPTED on this 1 th day of March 2008. ~ ~ YL HICKMAN, MAYOR CITY OF LAKE ELSINORE AT T: ~ ~ IVIAN M. MUNSON CITY CLERK APPROVED AS TO EYARBARA/ZEID LEIBOLD 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. zoos-4o was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11ih day of March 2008, and that the same was adopted by the following vote: AYES: rraYOx xzcta~arr, MAYOR PRO TEM KELLEY, COUNCILMEMAER BUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NoNE ABSTAIN: NoNs l~ - VIVIAN M. MUNSON CITY CLERK 4