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HomeMy WebLinkAboutCC Reso No 2008-048 - RESOLUTION NO. 2008- 48 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, Gene Schoenle, CMS Inc. filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2007-11 for design and construction of an eight (8) unit apartment complex and an associated improvements (the "Entitlements"), located at 222 and 226 Conklin Avenue, APN: 373- 054-001 and 002 (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 April 1 , 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 April 22, 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 following 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. 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. 1 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 riparianlriverine resource. In addition, no vernal pools exist on the project site; therefore, due to the lack of suitable habitat, there is a vel}' low potential for vernal pool species to occur. 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 this section of the MSHCP is required. 4. The proposed Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. There is no suitable habitat for Narrow Endemic Plan Species Guidelines as 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. 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. A site assessment revealed no signs of Burrowing Owl nor suitable habitat. Because of the presence of potential suitable habitat in the vicinity of the Site, the applicant is required to conduct a pre-construction survey within 30 days of grading or other site-disturbing activities. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. 7. requirements. The Project is consistent with the Vegetation Mapping The project site does not encompass any vegetation resources requmng mapping set forth is Section 6.3. 1 of the MSHCP. No further action regarding this section of the MSHCP is required. 2 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented 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 Fuels Management Guidelines do not apply to the Project. 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 consistent 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 Entitlements 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 ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, C ifornia, this 22nd ay of April 2008. ~/ r: l_L-- VIVIAN M. MUNSON CITY CLERK 3 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. 2008-48 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22nd day of April 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 ABSTAIN: NONE ABSENT: NONE LL~ IVIAN M. MUNSON CITY CLERK - 4