Loading...
HomeMy WebLinkAboutCC Reso No 2007-039RESOLUTION NO. 2007-39 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE "DIAMOND PROFESSIONAL PLAZA" MEDICAL BUILDING LOCATED AT 290 S. DIAMOND DRIVE WHEREAS, Fagan Consulting Services, has filed an application with the City of Lake Elsinore requesting approval of C 2006-16 (Diamond Professional Plaza) to construct a 10,404 square-foot professional medical building. The project site is generally located 825 feet south of Lakeshore Drive and 20-feet east of Diamond Drive at 290 S. Diamond Drive, and commonly identifiable as APN 363- 162-040 (the "ProjecY'); and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, pernut, license, certificate, or other entitlement far use by one or more public agencies; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary; 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 March 27, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to approving Findings of Consistency with the MSHCP. CITY COUNCIL RESOLUTION NO. 2007-39 PAGE 2 OF 4 SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings far MSHCP consistency: MSHCP CONSISTENCY 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. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The project site is not located within a MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1.2 Riparian/Riverine Areas and T~ernal Pool Guidelines, Section 6.1.3 Protection of Narrow Endemic Plant Species Guidelines, Section 6.1.4 Urban/Wildlands Interface Guidelines, Section 6.31 Yegetation Mapping Guidelines, Section 6.3.2 Critical Area Species Survey Area Guidelines and Section 6.4 Fuels Management Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. 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. 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 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. CITY COUNCIL RESOLUTION NO. 2007-39 PAGE 3 OF 4 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the project is subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the project is subject to Burrowing Owl surveys. The City conducted a habitat suitability assessment for Burrowing Owl. There is no vegetation on the site and the soils are highly disturbed. Due to the nature of the disked soils and the lack of debris or appropriately sized rodent holes, the site would be considered unsuitable for Burrowing Owls. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the requarements 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. A.r stated above, the project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as 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. 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. CTTY COUNCIL RESOLUTION NO. 2007-39 PAGE 4 OF 4 lO.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. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 27th day of March, 2007, by the following vote: AYES: COiJNCILMEMBERS: xuckley, xickman, xelley Schiffner; Magee NOES: COLJNCILMEMBERS: None ABSENT: COiJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: N E. Mag~'~', Mayor City A TEST: ~c~~~ ~~ Michelle Soto, Interim City Clerk City of Lake Elsinore AP ROVED A TO O ~~it~',~G~ garbara ZeicYLeibold, City Attorney City of Lake Elsinore