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Home My WebLink AboutCC Reso No 2008-087 ,I n ! ~ I I I " , I 11 " I ,I " n n RESOLUTION NO. 2008-J!L. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE GREENWALD COMMERCIAL CENTER IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Ed Sauls, of The Sauls Company, filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-01, Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 (the "Project") for the design and construction of a 98,587 square foot neighborhood shopping center in six buildings on a 13.9!: acre site with related improvements, located on north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009, (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within 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 applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria, cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is within a MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission recommended to the City Council that the discretionary project entitlements for the Greenwald Commercial Center are consistent with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public hearing held with respect to this item on October 28. 2008. I In n . I n NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 Project 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 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 located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including 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. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A total of 0.06 acres of mule fat scrub and southern willow scrub occur on the Property but would not be impacted by the Project. Further, neither vernal pools nor the conditions that support vernal pools exist onsite as the majority of the project site is Riversidean sage scrub and disturbed land. However, vernal pools are not the only habitat in which fairy shrimp could exist. Due to the disturbance on the project site and lack of native habitat, the project site is not expected to support any of the MSHCP Riparian/Riverine plant or wildlife species. 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. Per MSHCP requirements, the Property 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. i I in 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, with the exception of Burrowing Owl. A focused burrowing owl survey was conducted in accordance with the Burrowing Owl Survey Instructions of the MSHCP. No burrowing owls or burrowing owl signs were observed on the Property or adjacent lands. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including the removal of vegetation or other debris. No furlher action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. n The Property is located adjacent to MSHCP Conservation Area, and therefore project design features and best management practices are incorporated into the Project to address and minimize edge effects associated with run-off, night lighting, and noise-generating land uses. As such, the Project is consistent with Urban/Wildlands Interface Guidelines set forlh in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No furlher action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The Properly is adjacent to open areas that may require on-going brush abatement to reduce fire risk. One of the scenarios in the Fuels Management Guidelines is that any new development planned adjacent to a MSHCP conservation area or other undeveloped area shall incorporate brush management guidelines in the development boundaries and shall not encroach into MSHCP conservation areas. Because the Project is non-residential, has incorporated building setbacks and appropriate fire-resistant materials in the design, and will not encroach into MSHCP conservation areas, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. No furlher action regarding this section of the MSHCP is required. 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. n n n [I 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, the above findings, and the Conditions of Approval attached to the Resolution approving Commercial Design Review No. 2008-01, 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 twenty-eight day of October 2008. AYES: Mayor Ditr1l')t,o.Hickman, Mayor Pro Tem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSTAIN: None ABSENT: None D HICKMAN, MAYOR CITY OF LAKE ELSINORE :~~(}~ INTERIM CITY CLERK APPROVED AS TO FORM: bjA(~ B BARA LEIBOLD CITY ATTORNEY n n n STATEOF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of lake Elsinore, California, hereby certify that Resolution No. 2008-87 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor ProtTem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, NOES: Councilmember Robert Schiffner None ABSENT: None ABSTAIN: None c(l~r!4 INTERIM CITY CLERK