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HomeMy WebLinkAboutCC Reso No 2008-084 n n n RESOLUTION NO. 2008-84 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, Peter Noll, CCN Architecture, has submitted an application for Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 (the "Entitlements"), for the development of the Cuppy's Coffee within the existing Mission Trail Center complex, within Redevelopment Area NO.1 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP indicates that 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 that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, public notice of the Entitlements have been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting (unless noticed as Public Hearing) held with respect to this item on August 26, 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 proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings 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, pursuant to the City's MSHCP Resolution, the project is required to be reviewed for consistency with the MSHCP "Other Plan Wide Requirements," including consistency with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. n As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Property is located within the paved parking lot of an existing shopping center. No riverine/riparian areas, vernal pools, or fairy shrimp habitat are present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vemal 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 requirements, the Project is not subject 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. n Per MSHCP requirements, the Project is not subject to 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 the MSHCP is required. 6. The proposed project is consistent with the UrbanlWildlands Interface Guidelines. The Project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wi/dlands Interface Guidelines set forth in Section 6. 1.4 of the MSHCP are not applicable to the Project. No further action regarding this section ofthe MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Property that would be subject to the requirements of Vegetation 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. n As stated above, the Project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. n n n 9. The proposed 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 proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented and the above findings, the City Council hereby adopts 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, California, this 26th day of August 2Q08. _, Lm'_MAV:'~ Y OF LAKE ELSINORE An; ST: -L VIVIAN M. MUNSON CITY CLERK I :n n D STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-84 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl.Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None eLL VIVIAN M. MUNSON CITY CLERK