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HomeMy WebLinkAboutCC Reso No 2007-066RESOLUTION NO. 2007-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Lumos Communities, LLC had filed an application with the City of Lake Elsinore requesting approval of the placement and installation of water and sewer pipelines and associated trestle (the "Project"); and WHEREAS, the Project. Site is bound by Franklin Street to the north, Channing Way to the west, Bancroft Way to the south, and Avenue 6 to the east (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that 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 that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, on April 3, 2007, the Planning Commission conducted a public hearing on the Project and recommended findings of consistency with MSHCP to the City Council; and WHEREAS, public notice of the Project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 24, 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 and adoption of Findings of Consistency with the MSHCP. CITY COUNCIL RESOLUTION NO. 2007-66 PAGE 2 OF 5 SECTION 2. That in accordance with 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. Because the Project Site is not located within an MSHCP Criteria Cell, the Project is required to be reviewed for consistency with the following MSHCP "Plan Wide Requirements ": Section 6.1.2 Protection of Riparian/Riverine Areas and Vernal Pools, Section 6.1.3 Protection of Narrow Endemic Plant Species, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Pegetation 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 Ripariav/Riverine Areas and Vernal Pools Guidelines. Even though there are RiparianlRiverine resources on the Project Site, the trestle structure will be elevated and placed in a manner to avoid all impacts to these resources. No vegetation will be removed as part of the Project. There are no Vernal Pools 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 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. 2007-66 PAGE 3 OF 5 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by 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. 6. 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 Pegetation 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 located within an existing and approved road right-of-way with no specified Assessors Parcel Number, but is located between parcels subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the adjacent parcels are subject to Burrowing Owl surveys. Because the Project Site itself is within existing and approved road right-of-way, burrowing owl surveys were not conducted. However, per the Migratory Bird Treaty Act (MBTA) the Project is also required to conduct pre-construction surveys for the burrowing owl, and therefore Staff considered this to be an appropriate action for potential burrowing owl issues on the site. Therefore, the Project is consistent with this section of the MSHCP, and no further action above the pre-construction surveys is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by graded parcels planned for 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 Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. CITY COUNCIL RESOLUTION NO. 2007-66 PAGE 4 OF 5 Tke developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. 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. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council finds 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 this twenty-fourth day of April, 2007, by the following vote: A~S: C~~CILN~MBERS: Buckley, Hickman, Kelley, Schiffner Mayor Magee ~ NOES: COLTNCILMEIVIBERS: None ABSENT: COUNCILMEMBERS: tvone ABSTAIN: COUNCILNIEMBERS: None R~rt E. ~M, City of Lake CITY COUNCIL RESOLUTION NO. 2007-66 PAGE 5 OF 5 ATTEST: ~~~ n ~,~~ ; Michelle Soto, Interim City Clerk City of Lake Elsinore APPRO D AS TO FORM: . '~`~Y~-t~ Barbara Zeid Leibold, City Attorney City of Lake Elsinore