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HomeMy WebLinkAboutCC Reso No 2008-044RESOLUTION NO. 2008- 44 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, Dave Wakefield, Davcon Investments. LLC, filed an application with the City of Lake Elsinore requesting approval of a Conditional Use Permit No. 2008-05 for outdoor storage, and Industrial Design Review No. 2007-02 for design and construction of nine (9) industrial buildings and an associated improvements (the "Entitlements"), located on Hunco Way between Collier Avenue and Pasadena Street, APN: 377-120-040 thru 047 and 377-120-032 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP indicates 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 the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, actions taken by the City Council with regard to design reviews are discretionary actions subject to the MSHCP; and WHEREAS, on March 4, 2008, the Planning Commission of the City of Lake Elsinore considered the Project and its consistency with the MSHCP and recommended that the City Council make findings that the Project is consistent with the MSHCP: and WHEREAS, the City Council has considered the Planning Commission's recommendation and 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, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the Project and its consistency with the MSHCP "Plan Wide Requirements" prior to adopting findings that the Project is consistent with the MSHCP. Section 2. In accordance with the MSHCP, the City Council makes the foilowing findings for MSHCP consistency: 1. The proposed Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. 1 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 Entitlements 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 not impact any water features that meet the Multiple Species Habitat Conservation Plan (MSHCP) definition 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 to occur. 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 action regarding this section of the MSHCP is required. 4. The proposed Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project Site has Been rough graded. The Project Site is located adjacent to two industrial complexes, one on the northeast and one on the southwest, a junk yard is on the northwest, and a commercial complex on fhe southeast. There is no suitable habitat for Narrow Endemic Plan Species Guidelines as set forfh in Section 6.1.3. because of this disturbance. No further action regarding this secfion of the MSHCP is required. 5. The proposed Project is consistent with the Additionai Survey Needs and Procedures. Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of fhe MSHCP is required. 6. The proposed Project is consistent with the Urban/Wildiands 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 forth in Section 6.1.4 of the MSHCP are not applicable. No further action regarding fhis section of the MSHCP is required. 2 7. The Project is consistent with the Vegetation Mapping requirements. The project site does not encompass any vegetation resources requiring mapping set forth is Section 6.3.1 of the MSHCP. No further action regarding fhis section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Therefore, the Fuels Managemenf Guidelines as set fort in Section 6.4 of the MSHCP are not applicable. No further acfion regarding this section of fhe MSHCP is required. development. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The Project is consistent with the MSHCP. The Entitlements are consisfent with all applicable 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 Entitiements are consistent with the MSHCP. Section 4. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND DOPTED on th~s 25~h day of March 2008. ~~ DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE A ST: tl.-. ~,~-- VIAN M. MUNSON CITY CLERK 3 AS TO 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. 2oos-4a was adopted by the City Councii of the City of Lake Elsinore at a regular meeting held on the 25~h day of March, 2008, and that the same was adopted by the following vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: NONE ABSENT: NoNE ABSTAIN: rrorrE !w ~r- VIVIAN M. MUNSON CITY CLERK 4