HomeMy WebLinkAboutCC Reso No 2007-163RESOLUTION NO. 2007-163
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFOI2NIA, ADOPTING FINDINGS OF
CONSISTENCY WITH THE MULTPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP) FOR TAE RETAIL "SHELL"
AND RESTAiJRANT BUILDING LOCATED AT 29541 COLLIER
AVENUE
WHEREAS, Tarlos and Associates has filed an application with the City of
Lake Elsinore requesting approval of Commercial Design Review 2007-11 for a
4,000 square-foot retail "shell" building and restaurant with an associated drive-
thru (the "Project"); and
WHEREAS, the total area of the Project Site is 0.28 acre and is generally
located at the northwest corner of the Central and Collier Avenues, within the
exisring Lake Elsinore Square Shopping Center (APN: 377-060-016) (the "Project
Site"); and
WHEREAS, Section IV of Resolution No. 2004-1 la, a Resolution of the
City Council establishing procedures and requirements for the implementation of
the Western Riverside County MSHCP, expressly exempts projects with vested
development rights from processing under the MSHCP; and
WHEREAS, public notice of the Project has been given, and the City
Council has considered the Planning Commission's recommendation and evidence
presented by the Community Development Deparhnent and other interested parties
at a public meeting held with respect to this item on August 28, 2007.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The Ciry Council has considered the Project in the context of
the City's adopted Implementing Resolution prior to fmding the Project exempt
from the MSCHP.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code
and the MSHCP, the City Council hereby finds and determines that the Lake
Elsinore Square Shopping Center was approved by the City Council in 2004 before
the MSHCP became effective and the Project has a vested right to develop. Pad B
has already been graded and is ready to be built. There is no potential value for
CITY COLTNCIL RESOLUTION NO. 2007-163
PAGE 2 OF 3
species or habitat on the Project Site. Pursuant to the City's MSHCP
Implementing Resolution, this Project is exempt from the MSHCP.
SECTION 3. According to the MSHCP Fee Ordinance, the Project will be
conditioned to pay the City's MSHCP Local Development Mitigation Fee.
SECTION 4. Based upon all of the evidence presented, the above findings,
and the conditions of approval imposed upon the Project, the City Council hereby
finds the Project exempt from the MSHCP.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 28~' day of August 2007, by
the following vote:
f~YE'.S: C~LJNC~..ME'MBERS: Daryl Hickman, Genie Kelley, Rober.t Schiffner
Mayor Robert Magee
NOES: COUNCILMEMBERS: tvone
ABSENT: COLJNCILMEMBERS: Thomas suckley
ABSTAIN: COUNCILMEMBERS: tvone
1~'obert Magee,
City of Lake E
AT F~ST:
~ ~~~L~ ~
Michelle Soto, Interim City Clerk
CITY COUNCIL RESOLUTION NO. 2007-163
PAGE 3 OF 3
APPROVED AS TO FORM:
~~~ • 1~
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore