The URL can be used to link to this page

Home My WebLink AboutCC Reso No 2007-201RESOLUTION NO. 2007- zoi A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Stacey Peterson of McArdle Associates Architects filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2007-14, Conditional Use Permit No. 2007-21, and Industrial Design Review No. 2006-03 for the design and construction of twenty (20) light industrial buildings ranging in size from 6,810 square feet to 30,989 square feet On a 17.2 acre site with related improvements (the "Entitlements") located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (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 cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Applications are discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are 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 the consistency of discretionary entitlements with the MSHCP; and WHEREAS, public notice of the Entitlements has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a pubfic hearing held with respect to this item on November 27, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1 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. SECTION 2. That in accordance with the Lake Eisinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSNCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and must be reviewed for consistency with the MSHCP "Plan Wide Reguirements," 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 Properfy 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 proposed project would impacf two water features: the Lake Elsinore Outlet Channel located adjacent to the project sife, and a 0.61-acre ponded feafure located within the project site at the end of Birch Street. According to the Determination of Biologically Equivalenf or Superior Preservation Report (DBESP), the Lake Elsinore Outlet Channel meets the Multiple Species Habitat Conservation Plan (MSHCP) definifion of a riparian/riverine resource, because it contains freshwater flow during all or a porfion of the year. The other water feature does not meet this definition because it is artificially created and does not have freshwater flow. lmplementation of the proposed project would directly impact 900 sguare feet (0.02 acre) of the Lake Elsinore Outlet Channel at each of three proposed outfall structure locations during construction. The total impact area would be 2,700 square feet (0.06 acre). Should a fourth storm drain outfall sfructure be constructed, an additional impact to 900 square feet (0.02 acre) of the Lake Elsinore Outlet Channel would occur, thereby totaling 3,600 square feet (0.08 acre). As part of the DBESP, the project would be required to implement mitigation, and best management pracfices (BMPs) as part of a stormwater pollution prevention plan (SWPPP) designed to prevent and avoid impacts to water quality within the Lake Elsinore Outlet Channel during construction. Long- term impacts would be minimized through project design features rncluding bio- swales which would treat potential water quality impacts. All potential impacts to riparian/riverine habitat have been handled in accordance with the MSHCP. In addition, no vernal pools exist on the project site; therefore, due to the lack of 2 suitable habitat, there is a very low pofential for vernal pool species to occur. The project is therefore consistent with fhe 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 Property 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 any of the Critical Area Species SurveyArea Guidelines as set forth in Section 6,3.2 of fhe MSHCP, with the exception of Burrowing Owl. No burrowing owls or burrowing owl signs were observed within the project site or adjacent lands. The project site does not support any active burrows or suitable habitat due to the heavy soil composifion, ongoing mechanical disturbance of fhe site, and the surrounding commercial urban setting. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including removal vegetation or other debris. No further action regarding this section of the MSHCP is required. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Property is surrounded by existing developmenf or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forfh 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. The project biologist has mapped the riparian/riverine resources as part of fhe DBESP, in accordance with the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSNCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing and planned development. Therefore, the Fue/s Management 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 wili be conditioned to pay the Citys 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 from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 27th day of November 2007. ~) _ A ST: VIVIAN MUNSON CITY CLERK AP OVED A M: ~ ~. ~ RBARA ZE LEIBOLD CITY ATTORNEY CITY OF LAKE E 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ss. ) i, VIVIAN M. MUNSON, City Clerk of the City of Lake Eisinore, California, hereby certify that Resolution No. 2oo~-zoi was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 27th day of November 2007, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER THOMAS AUCKLEY, COUNCILMEMBER GENIE KELLEY, MAYOR PRO TEM DARYL HICKMAN, MAYOR ROAERT E. MAGEE NONE COUNCILMEMBER ROBERT SCHIFFNER NONE ~ ~W/i-.^ VIVIAN M. MUNSON CITY CLERK 5