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HomeMy WebLinkAboutCC Reso No 2008-091 n n n RESOLUTION NO. 2008- 91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE "TACO BELL" RENOVATION IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") and Commercial Design Review No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. The project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C~1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; 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 not located within an MSHCP criteria cell and therefore, the Project was not processed through a LEAP nor JPR; 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 City Council has been delegated with the responsibility of making determinations regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2008. n n n CITY COUNCIL RESOLUTION NO. 2008- PAGE20F5 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 not located within a MSHCP criteria cell. As such, the Project was not processed through the LEAP and JPR, but was 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 not located within a MSHCP criteria cell and therefore the Project was not processed through the LEAP and JPR. 3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. The Project involves a remodei of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. 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. 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 the MSHCP is required. n n n CITY COUNCIL RESOLUTION NO. 2008. PAGE 3 OF 5 6. The proposed project is consistent with the UrbanlWildlands Interface Guidelines. The Project involves a remodel of an existing commercial facility. There are no vacant or conserved lands on or adjacent to the Property. As such, the Project is not subject to the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. requirements. The proposed project is consistent with the Vegetation Mapping The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further 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 Project involves a remodel of an existing commercial facility, and there are no vacant or conserved lands on or adjacent to the Property for which the .Fuels Management Guidelines (Section 6.4) would apply. No further 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. 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. 2008-05, the City Council of the City of Lake Elsinore does hereby adopt 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. n n n CITY COUNCIL RESOLUTION NO. 2008- PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED on this 28th day of October 2008. APPROVED AS TO FORM: DA HICKMAN, MAYOR CITY OF LAKE ELSINORE n n n CITY COUNCIL RESOLUTION NO. 2008- PAGE 5 OF 5 STATE OF 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. 2008-91 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 Pro Tem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN:None CAROL COWLEY INTERIM CITY CLERK