Loading...
HomeMy WebLinkAboutCC Reso No 2007-143RESOLUTION NO. 2007-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE-SPECIE5 HABITAT CONSERVATION PLAN (MSHCP) FOR THE LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE WHEREAS, Thomas Ludden of Ludden Development, submitted an application for a Conditional Use Permit, a Variance, and a Commercial Design Review in associarion with the establishment of Lone Star Steakhouse restaurant generally located on the south corner of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "ProjecY'); 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 furtlier 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 WAEREAS, pursuant to Lake Elsinore Municipal Code Section 17.38, 17.48, 17.74, and 17.76, requests for consideration of a Conditional Use Perxnit, a Variance, and a Commercial Design Review for a Lone Star Steakhouse restaurant are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the either the Lake Elsinore Planning Commission and the 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 Department and other interested parries at a public hearing held with respect to this item on July 24, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERNIINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project's consistency with the MSHCP "Plan Wide Requirements". CITY COLTNCIL RESOLUTION NO. 2007-143 PAGE 2 OF 4 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 is not located within a MSHCP Criteria Cell. 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 Yernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project site is located adjacent to the I-I S freeway, 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 not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Ripariai~/Riverine Areas and Vernal Pools Guidelines. 772e site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist 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. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused suf-veys are required for the Project. Therefore, Protection of Narrow CITY COUNCIL RESOLUTION NO. 2007-143 PAGE 3 OF 4 Endemic Plant Species 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 MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located 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 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. 7. The Project is consistent with the Vegetation Mapping requirements. 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 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. 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. 10. The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. CITY COUNCIL RESOLUTION NO. 2007-143 PAGE 4 OF 4 SECTION 3. Based upon the evidence presented, the City Council of the City of Lake Elsinore adopts the above findings 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 24`~' day of July 2007, by the following vote: l~~S: C~UNCIL~~MBERS: Thomas Buckley, Dar.yl Hickman, Genie Kelley Rober.t Schiffner, and Mayor Robert Magee NOES: COUNCILN~MBERS: None ABSENT: COUNCILMENIBERS: None ABSTAIN: COUNCILMEMBERS: None ~ert E. Magee, City of Lake Elsit AT'~EST: ~~ Mic elle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: • v V ~RJ~-~-- I Barbara Zeid Leibold, City Attorney City of Lake Elsinore