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Home My WebLink AboutCC Reso No 2008-095 n n n RESOLUTION NO. 2008- 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE ;o.UTO GROUP DEALERSHIP PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, The Automotive Group, Inc. (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-07 and General Plan Amendment No. 2008-03 (the "Project") for the design and construction of a 50,000 square foot facility a 9.34-acre site, located on north side of Lakeshore Drive, adjacent east of the San Jacinto River channel, known as Assessor's Parcel Nos. 363-130-085 and -087 (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 City Council has been delegated with the responsibility of making decisions 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 November 11, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1 n n n PAGE 2 OF 5 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 rrlust 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 RiparianlRiverine Areas and Vernal Pools Guidelines. Of the 9.34-acre project site, 3.0 acres that encompass riparian/riverine habitat are being avoided and donated for MSHCP conservation. The remaining 6.34- acre area to be developed does not encompass riparian/riverine habitat nor vernal pools or other fairy shrimp habitat. Currently, most of this 6.34-acre area is the location of a 12,000 cubic yard stockpile of fill to be used at the adjacent approved Toyota Dealership project. As such, the Project is 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. The Property was assessed for suitable habitat for Criteria Area Species, set forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these species, including Burrowing Owl, exists on the project site. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 2 n n n PAGE 3 OF 5 days prior to any ground-disturbance, including the removal of vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. Because 3.0 acres are being donated to the MSHCP for conservation, there would in effect be an "urban/wildlands interface between this area and the adjacent 6.34-acre area to be developed. 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 forth 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. The 3.0-acre area to be donated to the MSHCP does encompass riparian/riverine resources for which the vegetation mapping requirements are applicable. This area has been mapped in accordance with the MSHCP requirements. 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 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 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 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. 3 n n n PAGE40F5 The Project is consistent with al/ 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. 2008-07, General Plan Amendment No. ,2008-03 and Mitigated Negative Declaration No. 2008-04, 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 on this 11TH day of November 2008. ~ MAYOR ATTEST: CArJcfll!;c INTERIM CITY CLERK APPROVED AS TO FORM: LEIBOLD CITY ATTOR EY CITY OF LAKE ELSINORE 4 n n n PAGE50F5 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. 2008-95 was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 11 day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilman Thomas Buckley, Councilman Robert Magee, Councilman Robert Schiffner NOES: None ABSENT: None ABSTAIN: None CAROL C LEY INTERIM CITY CLERK 5