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HomeMy WebLinkAboutCC Reso No 2006-147RESOLUTION NO. 2006-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS VILLAGE AT LAKESHORE SPECIFIC PLAN NO. 2005-O1, ZONE CHANGE NO. 2005-O1, TENTATIVE CONDOMINIUM MAP NO. 33267 AND RESIDENTIAL DESIGN REVIEW NO. 2005-09, LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE WHEREAS, Classic Pacific C/O Albert A Webb. has submitted applications for Village at Lakeshore Specific Plan No. 2005-01, Zone Change No. 2005-01, Tentative Condominium Map No. 33267 and Residential Design Review No. 2005-09, located at the northwest corner of Grand Avenue and Riverside Drive; and WHEREAS, these applications comprise the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2006-OS (State Clearinghouse No. 2006017027) has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 12, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: CITY COUNCIL RESOLUTION NO. 2006-147 PAGE 2 OF 5 SECTION 1. The City Council has considered the proposed applications and their consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings for MSHCP consistency: MSHCP CONSISTENCY 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 proposed project requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Vegetation Mapping (MSHCP, ~ 6.3.1) Requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. However, the site does not lie within a Criteria Cell and is therefore not subject to the Joint Project Review Process. However, the project is still required to demonstrate compliance with the other MSHCP "Plan Wide Requirements. " The Project is in compliance with these requirements as described below. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources were identified on the proposed project site. Some sparse CITY COiJNCIL RESOLUTION NO. 2006-147 PAGE 3 OF 5 elements of riparian scrub occur in several stands within Parcel 1, including species of mulefat, red willow, and tamarisk. However, this vegetation is not associated with any natural drainage feature, and is most likely supported by broken irrigation lines or other subsurf'ace sources of water. As a result, no further MSHCP analysis or conservation measures are required. The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the proposed 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 proposed project. 5. The proposed 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 located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed 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 as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. CITY COUNCIL RESOLUTION NO. 2006-147 PA.GE 4 OF 5 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site currently consists primarily of vacant land with one unoccupied residence. There were no resources located on the project sate requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed 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 as set forth in Section 6.4 of the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Loca1 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 proposed project is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the Ciry's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2006-147 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 12`" day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: Robert ~. Magee, City of Lake Elsi~ ATTEST: Frederick y, City Clerk City of Lake Elsinore City of Lake Elsinore