HomeMy WebLinkAboutCC Reso No 2007-194RESOLUTION NO. 2007- 194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE
ENTITLEMENT IS CONSISTENT WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, SB&O Inc. has submitted an application for Tentative Condominium
Parcei No. 35707 (the "EntitlemenY'), for the development of the "Mission Trail
Professional Office Complex" located within an existing office building at 31900 Mission
(the "Property"); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land covered by an MSHCP criteria cell and which require discretionary
approval by the legislative body undergo the Lake Elsinore Acquisition Process
("LEAP") and a Joint Project Review ("JPR") between the City and the Regional
Conservation Authority ("RCA") prior to public review of the project applications; and
WHEREAS, Section 6.0 further requires that development projects not within an
MSHCP criteria celi must be analyzed pursuant to the MSHCP "Plan Wide
Requirements"; and
WHEREAS, the Application is discretionary in nature and require review and
approval by the Planning Commission and/or City Councii; and
WHEREAS, the Application is not within an MSHCP Criteria Cell, Core or
Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project
was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency
findings prior to approving any discretionary project entitlements for development of
property that is subject to the MSHCP; and
WHEREAS, the City Council has been delegated with the responsibility of
determining consistency of discretionary entitlements with the MSHCP; and
WHEREAS, public notice of the Entitlements has been given, and the City
Councii has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on November 13, 2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed application and its
consistency with the MSHCP prior to making a decision to adopt findings that the
Entitlements are consistent with the MSHCP.
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SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the City Councif makes the following findings
1. The proposed project is a project under the City's MSHCP Resolution, and the
City must make an MSHCP Consistency finding before approval.
The Property is not locafed within a MSHCP Criteria Cell. However, the Property
is within fhe Elsinore Plan Area and musf be reviewed for consistency with the
MSHCP "Plan Wide Requiremenfs," including Section 6.1.2 Riparian/Riverine
Areas and Vernal Pool Guidelines.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
As stated above, the Property is not located within a MSHCP Criteria Cell and
therefore the Entitlements were not reviewed through the LEAP or Joint Project
Review processes.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
The implementation of the Entitlements involves the conversion of an existing
building with signage, striping of an existing parking lot, and on-site landscaping.
No riverine/riparian areas, vernal pools, or fairy shrimp habitat are present 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 proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
Per MSHCP requirements, the Properfy 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.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
Per MSHCP requirements, the Property is not subject to the Critical Area
Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No
further action regarding this section of the MSHCP is required.
6. The proposed project is consistent with the Urban/Wildlands Interface
Guidelines.
The Property is surrounded by existing development or graded parcels planned
for development. Therefore, the Urban/Wildlands lnterface Guidelines set forth
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in Section 6.1.4 of the MSHCP are not applicable. No further action regarding
this section of the MSHCP is required.
7. The proposed project is consistent with the Vegetation Mapping requirements.
There are no resources existing on the Property that would be subjecf to the
requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No
further action regarding this secfion of fhe MSHCP is reguired.
8. The proposed project is consistent with the Fuels Management C~uidelines.
As stated above, the Froperty is surrounded by existing and planned
development. Therefore, the Fuels Managemenf Guidelines as set forth in
Section 6.4 of the MSHCP are not applicable. No further action regarding this
section of the MSHCP is required.
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
10.The proposed project is consistent with the MSHCP.
The Entitlements are consistent with all applicable provisions of the MSHCP. No
further actions related to the MSHCP are required.
SECTION 3. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council hereby adopts findings that the
Entitlements are consistent with the MSHCP.
SECTION 4. This resolution shall take effect f~om and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPT~6'on~this
CITY OF LAKE
ATTEST:
~ ~4~
VIVIAN MUNSON
GTY CLERK
November 2007.
AYOR
RE
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APPROVED AS TO FORM:
` 9/ V `G~w.~
BARBARA ZEID LEIBOLD
CITY ATTORNEY
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify
that Resolution No. 2007-194 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 13th day of November 2007, and that the
same was adopted by the following vote:
AYES: Mayor ~ragee, Mayor Pro Tem Hickman, Councilmember Buckley,
Councilmember Kelley, Councilmember Schiffner
NOES: None
ABSTAIN: None
ABSENT: None
A' ~~ ~ ~ ~ 7"~i__
VIVIAN M. MUNSON
CITY CLERK
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