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HomeMy WebLinkAboutCC Reso No 2007-020RESOLUTION NO. 2007-20 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS ZONING ORDINANCE TEXT AMENDMENT NO. 2006-04, ZONE CHANGE NO. 2006-10, COIVIMERCIAL DESIGN REVIEW NO. 2006-03, AND NEGATIVE DECLARATION NO. 2006-08 FOR THE LAKE ELSINORE HOTEL AND CASINO IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN WHEREAS, Ted Kingston, Lake Elsinore Hotel and Casino, has filed an application with the City of Lake Elsinore requesring approval of Zoning Ordinance Text Amendment No. 2006-04, Zone Change No. 2006-10, Commercial Design Review No. 2006-03, and Negative Declaration No. 2006-08 for the Lake Elsinore Hotel and Casino (the "Project"); and WHEREAS, the Project is generally located on the northwest corner of Malaga Road and Casino Drive at 20930 Malaga Road (APN: 365-040-016), 20970 Malaga Road (APN: 365-040-003), and 21000 Malaga Road (APN: 365- 040-011) ("Project Site"); and WHEREAS, pursuant to Section 6.0 of the MSHCP, 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 findings confirming that the project is consistent with MSHCP "Plan Wide Requirements"; and WHEREAS, of the total Project Site, only 0.01 acre lies within a Westem Riverside County Multi-Species Habitat Conservation Plan (MSHCP) criteria cell, #4838, and given the de minimus exposure, the Project was only reviewed pursuant to the MSHCP Plan Wide Requirements; and 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 February 13, 2007. CITY COUNCIL RESOLUTION NO. 2007-20 PAGE 2 OF 4 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 application and its consistency with the MSHCP prior to adoptings findings confirming that the Project is consistent with the MSHCP. SECTION 2. That in accardance with the MSHCP, the City Council makes the following findings for MSHCP consistency: MSHCP CONSISTENCY FINDINGS l. 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. " Only 0.01 acre of the Project Site is located within a MSHCP Criteria Cell, #4838. The Project involves improvements to already existing facilities, a zone change and a text amendment. The area is already developed and does not include an alteration of vacant land. Further, none of these approvals results in additional development within areas determined to be valuable to the MSHCP. Therefore, the City finds that the Project is consistent with all requirements of the MSHCP. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project Site is entirely within a developed area. The 0.01 acre piece is considered by the City to be an error in MSHCP coverage. For these reasons, the Project was determined as not being subject to the City's LEAP and the County's Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No Riparian/Riverine areas or vernal pools are present on the Project Site. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool CITY COITNCIL RESOLUTION NO. 2007-20 PAGE 3 OF 4 Guidelines set forth in Section 61.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The.Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 61.3. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is developed and surrounded by existing development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project Site is developed and is surrounded by development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. CITY COLTNCIL RESOLUTION NO. 2007-20 PAGE 4 OF 4 9. The Project will not be conditioned to pay the City's MSHCP Local Development Mitigation Fee. For reasons stated above, the developer will not 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 actions related to the MSHCP are required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 13`h day of February, 2007, by the following vote: AYES: COLJNCILMEMBERS: ~uckley, xelley, schiffner., rtagee NOES: COLINCILMEMBERS: None ABSENT: COUNCILMEMBERS: xickman ABSTAIN: COUNCILMEMBERS: None ,~ Ro`6ert E. Magee, City of Lake Elsi~ ATT ST: ~ ~Ch.G~;~p ~(Q~ Michelle Soto, Interim City Clerk City of Lake Elsinore City Attomey City of Lake Elsinore