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HomeMy WebLinkAboutCC Reso No 2007-043RESOLUTION NO. 2007-43 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 ARCO (AM/P1V~ ADDITION OF GASOLINE DISPENSERS AND RELATED ON- SITE IMPROVEMENTS LOCATED AT 29355 CENTRAL AVENUE WHEREAS, Precila Aqui, Tait & Associates, has initiated proceedings to request the approval of Commercial Design Review No. 2006-07 far the establishment of two (2) addirional gasoline dispensers as well as related on-site improvements for the existing Arco (AM/PM) gas station and convenience store located at 29355 Central Avenue (APN: 377-040-017) (the "Project"); 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 Califomia Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15301. This section exempts "Existing Facilities" projects. No further environmental clearance is necessary; and WHEREAS, public norice 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 proposed application and its consistency with the MSHCP prior to making Findings of Consistency with the MSHCP. CITY COUNCIL RESOLUTION NO. 2007-43 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 malces the following findings for 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 Vernal Pool Guidelines, Section 6.1.3 Narrow Endemic Plant Species Guidelines, Section 6.3.2 Criteria Area Species Survey Area Guidelines, Section 61.4 Urban/Wildlands Interface Guidelines, Section 6.3.1 Vegetation Mapping Guidelines, and Section 6.4 Fuels Management Cruidelines. 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. The project entails improvements to an already existing facility. No habitat exists on the site, including riverine/riparian areas or vernal pools. 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. CITI' COITNCIL RESOLUTION NO. 2007-43 PAGE 3 OF 4 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 Gtcidelines 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 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 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 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. 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. CITY COLTNCIL RESOLUTION NO. 2007-43 PAGE 4 OF 4 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. 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: COLJNCILMEMBERS: suckley, xickman, xelley Schiffner., Magee NOES: COLJNCILMEMBERS: None ABSENT: COLTNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: I~ert E.1Vlagee, Ma City of Lake Elsinore AT ST: ~~,~i(,l~,~n.~~.~ ~a~v Michelle Soto, Interim City Clerk City of Lake Elsinore AP ROVED A T ORM• ,~, ~, bara Zei Leibold, City Attorney City of Lake Elsinore