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HomeMy WebLinkAboutCC Reso No 2007-041RESOLUTION NO. 2007-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE CINGULAR WIRELESS MONO-PALM FACILITY LOCATED AT 800 EAST FRANKLIN STREET WHEREAS, Cingular Wireless, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2007-05, for the design and construction of a mono-palm cellular telecommunications facility. (the "ProjecY'); and WHEREAS, the Project Site is located on a site currently owned by David Nieto and Leroy Grunder mare specifically at 800 East Franklin Street (APN: 377- 330-011) (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 Elsinore 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 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, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP "Plan Wide Requirements" priar to the City Council adoption of Findings of Consistency. CITY COUNCIL RESOLUTION NO. 2007-41 PAGE 2 OF 4 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. 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. The Project involves design, construction and establishment of a mono palm wireless antenna facility with an associated 240 square foot equipment shelter, screen walls, and landscaping on a vacant lot. 7Tze area is entirely graded and does not include any alteration of habitat. Further, none of these approvals results in additional development within areas of, or having resources valuable to, the MSHCP. Therefore, the City finds that the Project is consistent with all requirements of the MSHCP. 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 determined as not subject to the City's LEAP and the County's 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 T~ernal Pool Guidelines set forth in Section 61.2 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. 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 COLTNCIL RESOLUTION NO. 2007-41 PAGE 3 OF 4 5. The Project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the project is not subject to Criteria 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. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The project site is entirely graded. 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 Project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Project Site that would be subject to the requirements of IJegetation Mapping set forth in Section 6.3.1 of the MSHCP. 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 site is currently graded. 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 Ciry's MSHCP Local Development Mitigation Fee. 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. CITY COUNCIL RESOLUTION NO. 2007-41 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 27`h day of March 2007, by the following vote: AYES: COUNCILMEMBERS: xickman, xelley, Schiffner., Magee NOES: COLJNCILMEMBERS: None ABSENT: COUNCILMEMBERS: suckley ABSTAIN: COUNCILMEMBERS: None ATT ST: %u ~~,f ~~~`h~ Michelle Soto, Interim City Clerlc City of Lake Elsinore A~~~~~D~T ~~ $~bara Zeic}iLeibold, City Attorney City of Lake Elsinore