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Home My WebLink AboutCC Reso No 2009-63Page 1 of 5 RESOLUTION NO. 2009-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 2009-02 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Carl Johnson, Lake Elsinore 1 L.P., filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of five (5) industrial/warehouse buildings totaling 39,445 square feet on 2.62 acres of vacant land ("the ProjecY'), which will be located at the northwest corner of Pasadena Street and Central Avenue at APN 377-120-059 (the "Site"); and WHEREAS, the City Council, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan; and WHEREAS, the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to the industrial design review is a discretionary action subject to the MSHCP; and WHEREAS, the City Council has considered the recommendation of the Planning Commission following its consideration on December 1, 2009, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on December 22, 2009. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the ProjecYs consistency with the Multiple Species Habitat Conservation Plan prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the Planning 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 Project. CC RESOLUTION NO. 2009-63 PAGE20F5 Pursuanf to fhe City's MSHCP Implementing Resolution, prior to approving any discretionary entitlemenf, the City is required to review the Project to ensure consistency with the MSHCP criteria and ofher "Plan Wide Requirements." The Project, as proposed, is not located within an MSHCP criteria cell. 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), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but is not located within a Criteria Cell. As such, the Joint Project Review process was not required. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal 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. Surface vegetation no longer exists on this Site. The entire Site is bare ground withouf natural or remnant inclusions of native vegetation. Natural wafercourses are not present at the Sife. And, no other kinds of aquatic features are present (i.e, wetlands, vernal pools and swales, vernal pool-like ephemeral ponds, stock ponds, etc.). As such, there are no impacts to riparian/riverine areas, vernal poo/s or fairy shrimp. The Project is fherefore consistenf with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Projecf is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. According to a Narrow Endemic Plant Species and Burrowing Owl Habitat Assessment report prepared by Principe and Associates, the Site is highly disturbed and denuded of all vegetation. There is no suitable habitaf present on the project Site for Narrow Endemic Plant Species. As such, the Project is therefore consistenf wifh Section 6. 9.3 of the MSHCP. CC RESOLUTION NO. 2009-63 PAGE30F5 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 Survey Needs and Procedures of the MSHCP. The Site is highly disturbed and denuded of all vegetation. A Burrowing Owl and Habitat Suitability Survey was conducted on the Site. The results of the Burrowing Owl and Habitat Suitability Survey are contained in the Narrow Endemic Plant Species and Burrowing Owl Habitat Assessment Report (the "Report'� prepared by Principe and Associates and the findings confained in the Report are incorporated herein by this reference. During the �eld surveys, Burrowing Owls were not observed. Neither critical habitat feafures (i.e. functional rodent or other burrows for roosfing or nesting) nor diagnostic signs (i.e. molted feathers, cast pellets, prey remains, eggshell fragments, or excrement) were discovered at or near a burrow entrance. It was determined thaf there is no suitable habifat present on the Project Site for Burrowing OwL As such, the Project is consisfenf with Section 6.3.2 of the MSHCP. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Site is substantially surrounded by development and is not /ocated directly adjacent to any conservation areas, existing or proposed. As such, the Urban Wildlands Interface Guidelines are not applicable to the proposed Project. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within an MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Secfion 6.3.1 Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacenf to fhe MSHCP Conservafion Area. The Project Site is nof in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Projecf is consistent with the Fuels Management Guidelines. 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 Loca/ Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. CC RESOLUTION NO. 2009-63 PAGE40F5 Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is 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 at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22 day of December, 2009 ��2�� !�2�.�, MELISSA A. MELENDEZ � MAYOR ATTEST: Q � •'� � /.t� %�I/r!'7.�'/�e ' �o► DEBORATHOMSEN *� �� CITY CLERK G__ APPROVED AS TO FORM: 7 RBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CC RESOLUTION NO. 2009-63 PAGE50F5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-63 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22" day of December 2009, and that the same was adopted by the following vote: AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. ABSENT: None. ABSTAIN: None. CITY CLERK �sP ��