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HomeMy WebLinkAboutCC Reso No 2007-154RESOLUTION NO. 2007-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE EL5INORE ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Delco Hagan of Hagan Investments, Inc., submitted an application for Residential Design Review No. 2005-04 (the "ProjecY') located at 311 and 313 Riley Avenue (APNs: 374-071-011 and 012); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinare 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 development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, accarding to Section 6.0 of the MSHCP, the City of Lake Elsinore shall 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 Chapters 17.82, 17.14, 17.66 and all other applicable chapters of the Lake Elsinore Municipal Code for residential design review are discretionary actions to be considered, reviewed and approved, conditionally approved ar denied by the Lake Elsinore City Council; and WHEREAS, after considering the Project at its July 17, 2007 meeting, the Planning Commission recommended that the City Council find the Project consistent with MSHCP; and WHEREAS, the Ciry Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to the item on August 14, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CITY COUNCIL RESOLUTION NO. 2007-154 PAGE 2 OF 4 SECTION 1. The City Council has considered the Project's consistency with the MSHCP and 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 malce 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 an 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 Vernal Pool Guidelines (MSHCP, ~ 61.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~' 4). The Project site is located adjacent to the I-I S fi^eeway, 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 Riparian/Riverine Areas and Vernal Pools Guidelines. The 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 61.2 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 surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. CITY COUNCIL RESOLUTION NO. 2007-154 PAGE 3 OF 4 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. lO.The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 2. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed on each of the Hagan Investments, Inc. Application, the City Council hereby finds the Hagan Investments, Inc. Application consistent with the MSHCP. CTTY COUNCIL RESOLUTION NO. 2007-154 PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of August, 2007, by the following vote: AYES: COLTNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COiJNCILMEMBERS: NoNE ABSENT: COiJNCILMEMBERS: NorrE ABSTAIN: COiJNCILMEMBERS: No ~ t ~ Robert E. Magee, D% City of Lake Elsina ATT ST: ~ ~~ ~ ~ Michelle Soto, Interim City Clerk City of Lake Elsinare AP ROVED . . , bara Zei Leibold, City Attomey City of Lake Elsinore