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HomeMy WebLinkAboutCC Reso No 2007-031RESOLUTION NO. 2007-31 A RESOLUTION OF TFIE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE MCDONALD'S RESTAURANT LOCATED AT 18283 COLLIER AVENUE WHEREAS, Neal Casper of McDonald's Corporation, has filed an application with the City of Lalce Elsinore requesting approval of Commercial Design Review 2006-08 far a 3,884 square-foot single-story McDonald's restaurant with an associated drive-thru (the "ProjecP'); and WHEREAS, the total area of the Project Site is 0.69 acres and is generally located 550-feet northwest of the Central Avenue and Collier Avenue intersection, within the exisring Oak Grove Crossing Shopping Center, at 18283 Collier Avenue (APN: 377-120-053) (the "Project Site"); 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 Elsinare shall make findings that the Project is consistent with those requirements; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on March 13, 2007. 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 Project and its consistency with the MSHCP "Plan Wide Requirements". SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. CITY COUNCIL RESOLUTION NO. 2007-31 PAGE 2 OF 4 The Project Site is not located within a MSHCP Criteria Cell. However, pursuant to the City's MSHCP Implementing Resolution, the Project is required to be reviewed for consistency with the following "Plan Wide Requirements ": Section 6.1.2 Protection of Riparian/Riverine Areas and Vernal Pool Guidelines, Section 6.1.3 Protection of NaYrow Endemic Plant Species Guidelines, Section 61.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Vegetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No riverine/riparian areas or vernal pools are present on the Project Site. 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 Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project Site has already been graded. The Project Site is located within the Oak Groves Crossing shopping center, which was approved by the City in 2005. Most of the construction associated with Oak Groves Crossing has been completed. There is no suitable habitat for Narrow Endemic Plan Species on the Project Site because it is disturbed. No further action regarding this section of the MSHCP is required. CITY COUNCIL RESOLUTION NO. 2007-31 PAGE 3 OF 4 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing development on all sides. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are inapplicable. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on Project Site 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. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is subject to Burrowing Owl sur-veys. As mentioned above, the Project Site has been completely graded in conjunction with development of the Oak Groves Crossing shopping center. The Project is located on a busy intersection and is surrounded by development. There is no suitable habitat for Burrowing Owl on the Project Site. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. A.r stated above, the Project is surrounded by existing development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are inapplicable. No further action regarding this section of the MSHCP is required. 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. CITY COUNCIL RESOLUTION NO. 2007-31 PAGE 4 OF 4 lO.The 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. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 13`" day of March 2007, by the following vote: AYES: COLINCILMEMBERS: su~kiey, x~~kman, xeiiey Schiffner, Magee NOES: COUNCILMEMBERS: None ABSENT: COLJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Robert E. Magee, Ma City of Lake Elsinore ATT ST: ~ ~/ ~ Qoo.~'~ ~ Michelle Soto, Interim City Clerk City of Lake Elsinore AP ROVED AS T ~ +O ~ ~~ o ,~ ~ / bara Ze' Leibold, City Attomey City of Lake Elsinore