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HomeMy WebLinkAboutCC Reso No 2005-176RESOLUTION N0.2005-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT IDENTIFIED AS LAKE ELSINORE FORD WHEREAS, The Automotive Group, has submitted application(s) for Mitigated Negative Declaration No. 2005-06, and Commercial Design Review No. 2005-02; and WHEREAS, Mitigated Negative Declaration No. 2005-06, and Commercial Design Review No. 2005-02 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., 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, a Mitigated Negative Declaration for the subject project 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 December 13, 2005. 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 proposed Mitigated Negative Declaration No. 2005-06, and Commercial Design Review No. 2005-02. The City Council fmds and determines that the project identified as Lake Elsinore Ford is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following findings: 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool CITY COUNCIL RESOLUTION N0.2005-176 Page 2 of 4 Guidelines (MSHCP, ,~ 6.1.2), Guidelines Pertaining to Urban/Wildland Interface (MSHCP, ,¢ 6.1.4), Additional Survey Needs and Procedures (MSHCP, ~¢ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ,¢ 6.3.2), 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 Joint Project Review process. According to the Multi-Species Habitat Conservation Plan (MSHCP), the footprint of the project site is located within the Elsinore Area Plan. This Area Plan, the County's RCIP Website (see http://www.rcip.org/maps.htm), and the (MSHCP) Conservation Summary Report Generator Sheet for the area show that the proposed project is located within Subunit 5, Proposed Core 1 and comprises a portion of Cell Groups A', B' and Z' of the Elsinore Area Plan and is subject to the City's LEAP process. The proposed project is located within Cells 4646 and 4743 of the MSHCP. Conservation within the Cell Groups will focus on the San Jacinto River floodplain. As a result, the proposed project has been subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project has been reviewed and assessed and it has been determined that the project site does have Riparian and Riverine habitat. There are no vernal pools on the site. Two unnamed channels traverse the project site. One is an unvegetated intermittent channel, and does not represent the type of channels identified in the Riparian Riverine and Vernal Pools Policy. The second clxannel, located on the southern portion of the parcel is characterized by mulefat scrub. If no construction is proposed in the creek, no further surveys or conservation measures will be required. If the project proposes any actions that will affect this channel, the applicant will be required to provide biologically superior or equivalent mitigation to off set the impacts to Riparian/Riverene resources on site. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The survey area maps have been reviewed and assessed, and the proposed project is not within a mapped survey area for Narrow Endemics Plant Species. The proposed project has been determined to be consistent. with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. A habitat assessment and burro survey was conducted on the site. The site has been graded, and is predominantly clear of vegetation. During the surveys conducted in March 2005, a 100 percent coverage walk over this parcel was the survey. The result CITY COUNCIL RESOLUTION N0.2005-176 Page 3 of 4 of this survey was chronic and ongoing disturbances these tracts make them unsuitable for burrowing owls. Therefore, no further studies were warranted. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the Conservation Area. The proposed project is therefore consistent with the Urban/Wildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. This mapping is sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project will be designed to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed 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 building permits. 10. The proposed project overall is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant lzas 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 2. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2005-176 Page 4 of 4 PASSED, APPROVED AND ADOPTED this 13~' day of December 2005, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City of Lake ATTEST: _t!~.~/ Frederick ity Clerk City of Lake Elsinore