Loading...
HomeMy WebLinkAboutCC Reso No 2008-041RESOLUTION NO. 2008-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 2007-01 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Norman Brody, to request a Design Review of Industrial Design Review No. 2007-01 for a single-story industrial building totaling 46,982 square feet on 3.03 acres of vacant land located on the west side of Corydon Street between Palomar Road and Como Street (the "Site"); and WHEREAS, the City Council, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan; and WHEREAS, the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to the industrial design review is a discretionary action subject to the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), this project was reviewed and found consistent with the East Lake Specific Plan and Environmental Impact Report; and WHEREAS, the City Council has considered the recommendation of the Planning Commission following its consideration on March 4, 2008, as well as evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on March 25, 2008. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the ProjecYs consistency with the Multiple Species Habitat Conservation Plan prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to fhe 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 Projecf, as proposed, is not located within an MSHCP criteria area. 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 § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Projecf Site is within the Elsinore Area Plan, but is not located within a Criteria Cell. As such, the Joint Project Review process was not required. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 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. The site is highly disturbed and denuded of alI vegetafion. The site has previously been used for the stockpiling of fill. As such, there are no impacts to riparian/riverine areas, vernal pools or fairy shrimp. The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. The site is highly disturbed and denuded of all vegetation, and has previously been used for the stockpiling of fill. There is no suitable habitat present on the project site for Narrow Endemic Plant Species. As such, the Project is therefore consistent with Section 6.1.3 of the MSHCP. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. The site is highly disturbed and denuded of all vegetation, and has previously been used for the stockpiling of fill. There is no suitab/e habitat present on fhe project site 2 for Burrowing Owl. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the UrbanNVildlands Intertace Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Projecf is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Sife is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presenfed 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. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Project is consistent with the Fuels Management Guidelines. 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 Loca/ Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore hereby adopts 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of March, 2008 3 ~ D HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT T: k.. _ Yl.w,o-- VI IAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO ~ARBARA ZE)D LEIBOLD, CITY ATTORNEY CITY OF LAK`~ ELSINORE 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. 2oos-4i was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 25th day of March 2008, and that the same was adopted by the following vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, 1'', COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMAER RORERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: NONE ABSTAIN: NoNE ABSENT: rroNE k~. , ~ VIVIAN M. MUNSON CITY CLERK 4