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HomeMy WebLinkAboutCC Reso No 2006-210RESOLUTION NO. 2006-210 A RESOLUTION OF THE CTTY COUNCIL OF TFIE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS LAKE ELSINORE CHRYSLER, DODGE, JEEP IS CONSISTENT WITH THE MULTI-SPECIES HASITAT CONSERVATION PLAN (MSHCP) WHEREAS, "The Automotive Group" has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006-11 far the design, construction and establishment of the new Lake Elsinore Chrysler, Dodge, Jeep Automobile Dealership (the "Project") to be located at the southwest comer of Auto Center Drive and Avenue 12; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell are subject to the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WI3EREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to design review applications is a discretionary action; 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.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006); and WHEREAS, the City Council approved and certified Mitigated Negative Declaration 2005-06 on December 13, 2005, to address the potentially significant environmental impacts associated with development of the Chrysler, Dodge, Jeep automotive dealership; and CITY COUNCIL RESOLUTION NO. 2006-210 PAGE 2 OF 6 WHEREAS, public notice of the 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 December 12, 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 recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accardance with State Planning and Zoning laws, the Lake Elsinore Municipal Code, and the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Proj ect. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP cell criteria and other "Plan Wide Requirements. " The Lake Elsinore Chrysler, Dodge, Jeep dealership lies within MSHCP Criteria Cells #4646 and #4743. Results of the LEAPS and JPR indicate that the developable footprint for the Project is consistent with the Cell Criteria for #4646 and #4743. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Additional Survey Needs and Procedures (MSHCP ~ 6.3.2), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). CITY COUNCIL RESOLUTION NO. 2006-210 PAGE 3 OF 6 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The Project consists of a Commercial Design Review within the MSHCP Lake Elsinore Area Plan. Therefore, a LEAP application and JPR were required. The LEAP application was reviewed by the City. Upon determining that the Project is consistent with the MSHCP, Staff forwarded the LEAP to the Regional Conservation Authority (RCA) for its JPR. Results of RCA's JPR and the City's LEAP reveal that approximately 2.0 acres of the project encroach into an area designated for Proposed Linkage 8(San Jacinto River). This area is steep and unvegetated. The Applicant has proposed the donation of 3 acres of conserved land within the floodplain of the San Jacinto River that are low gradient areas and would allow connection to larger areas of more valuable habitat. The Project was found to be consistent with the MSHCP Cell Criteria requirements by both the City and RCA. The Project was also found consistent with the other "Plan Wide Requirements " of the MSHCP, as described below. 3. The Project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. The Project site contains two linear drainage areas and three broader areas which support riparian vegetation, mulefat, and arroweed. Impacts from the project will be approximately 0.35 acres with the impacted vegetation being scattered and insuff cient to provide functional habitat. 772e Applicant proposes to create bio-swales on-site that would be three times larger than the 0.35 acres of impact (i.e. 3:1 mitigation ratio). The bio-swales will be vegetated with riparian scrub species and will function as filters for first flush storm discharges and other post project drainage, thus improving water quality. As such, the Project is compliant with Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 61.2 of the MSHCP. CITY COUNCIL RESOLUTION NO. 2006-210 PAGE 4 OF 6 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. Therefore the provisions of Section 6.1.3 are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional SuT-vey Need and Procedures of the MSHCP. Three surveys were conducted on the entire site. There were no areas on the site considered as suitable habitat for the burrowing owl, and no protocol surveys are required. However, the Project will be required to conduct a pre- construction sur-vey 30 days prior to the commencement of grading. The Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is located adjacent to land set aside for conservation by the Applicant. Further, the site is directly adjacent to the San Jacinto River, which has been designated as Proposed Linkage 8. Therefore the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are applicable to the Project. The Project will be enclosed by fencing or other barriers to the San Jacinto River. Surface water discharge will be controlled and treated prior to flowing into the wildland area. Lighting will be directed away from the River, and all landscaping and other bio-swale plantings will consist of native species. No additional mitigation measures or conditions of approval are required. 772e Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. Vegetation Mapping requirements do not apply to the Project. However, the Applicant has mapped the 0.35 acres of scattered riparian vegetation as part of the submittal to the City and to RCA. No other mapping is required. 8. The Project is consistent with the Fuels Management Guidelines. Although the Project area is next to an area being donated to the RCA, and adjacent to the Proposed Linkage 8, this area is not heavily vegetated and would not be considered a hazard to humans and their property. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable to the CITY COUNCIL RESOLUTION NO. 2006-210 PAGE 5 OF 6 Project. No additional mitigation measures or conditions of approval are required. 9. The Project will be conditioned to pay the City's MSHCP Local 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 bualding permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 12th day of December, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i` obert E. Magee, City of Lake Elsi r CITY COLTNCIL RESOLUTION NO. 2006-210 PAGE 6 OF 6 ATTEST: ~. Fredenc Ray, CMC, City Clerk City of Lake