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Home My WebLink AboutCC Reso No 2007-132RESOLUTION NO. 2007-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE PROJECT KNOWN AS LAKE ELSINORE MEDICAL PLAZA IS EXEMPT FROM MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) PROVISIONS WHEREAS, Armstrong and Brooks Consulting Engineers, c/o Dawn Emberson, submitted an application for Tentative Tract Map No. 35348 for Condominium Purposes in association with the establisl~ment of office condominiums within a professional office building and adjacent medical office building located on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 365-550-014 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82 and Lake Elsinore Municipal Code Chapter 16, requests for consideration of a tentative tract map for condominium purposes is a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council, respectively; 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 July 10, 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's consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. CTTY COUNCIL RESOLUTION NO. 2007-132 PAGE 2 OF 5 SECTION 2. That in accordance with the MSHCP, the City Council makes the following Consistency Findings: 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 lies within Criteria Cells #4646 & #4647. However, based upon a verbal "common law vested rights agreement" bettveen the Ciry and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements. " The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is exempt from the MSHCP by virtue of a common law vested rights agreement between the previous landowner and the City. Therefore, the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources e~ist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. CITY COLTNCIL RESOLUTION NO. 2007-132 PAGE 3 OF 5 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant 5pecies Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Sur°vey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not Zocated within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. No additional mitigation measures or conditions of approval are required. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The entire Project site has been rough-graded. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No additional mitigation measures or conditions of approval are required. CITY COUNCIL RESOLUTION NO. 2007-132 PAGE 4 OF 5 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. lO.The Project is consistent with the MSHCP. As stated in Finding No. 1 above, the Project is exempt from the requirements of the MSHCP based upon a"common law vested rights agreement" between the City and the previous landowner. SECTION 3. Based upon the evidence presented, the City Council hereby adopts the findings above regarding the Project's consistency 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 lOth day of July, 2007, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KELLEY ABSTAIN: COUNCILMEMBERS: NONE City of Lake CITY COUNCIL RESOLUTION NO. 2007-132 PAGE 5 OF 5 ATTEST: obert A. rady, City Manager/Acti City Clerk City of Lake Elsinore Attorney City of Lake Elsinore