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HomeMy WebLinkAboutCC Reso No 2006-173RESOLUTION NO. 2006-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW 2006-O1 (I 2006-O1) IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006-01 for the design and construction of a industrial building with two-story offices with related improvements located at 570 3`a Street - APN 377-151-039 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the` Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), the Project is categorically exempt from further CEQA review pursuant to a class 32 categorical exemption for in-fill development projects (CEQA Guidelines § 15332); and WHEREAS, public notice of the Project has been given, and the Ciry Council has considered evidence presented by the Community Development CTTY COLTNCIL RESOLUTION NO. 2006-173 PAGE 2 OF 5 Department and other interested parties at a public hearing held with respect to this item on October 3, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project's 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 and the MSHCP, the City Council makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make 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 proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the CITY COUNCIL RESOLUTION NO. 2006-173 PAGE 3 OF 5 Riparian/Riverine Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.31 of the MSHCP. The site was inspected by City Staff for the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further, the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. CITY COiJNCIL RESOLUTION NO. 2006-173 PAGE 4 OF 5 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10`h day of October, 2006, by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS NONE NONE ABSTAIN: COUNCILMEMBERS: N ~~ ert E. Magee, City of Lake Elsv CITY COUNCIL RESOLUTION NO. 2006-173 PAGE 5 OF 5 ATTE T: Frederick R , ity Clerk City of Lake Elsinore APP OVED AS TO F L~~'c~ oj~ rbara Zeid eibold, City Attorney City of Lake Elsinore