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HomeMy WebLinkAboutCC Reso No 2007-161RESOLUTION NO. 2007-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Fred Rice of Weststar Communities has submitted applications for Conditional Use Permit No. 2006-13 and Commercial Design Review No.2006-10 (the "Applications"), to entitle property located on the south side of Riverside Drive at its intersection with Lincoln Street (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisirion Process ("LEAP") and a Joint Project Review ("7PR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, the Applications are discretionary in nature and require review and approval by the planning commission or legislative body; and WHEREAS, the Applications are within the Elsinore Plan Area of the MSHCP, but they are not within an MSHCP Criteria Cell, Core or Linkage; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the City Council has been delegated with the responsibility of finding the consistency of discretionary entitlements with the MSHCP; and WHEREAS, public norice of the Applications has been given, and the City Council has considered evidence presented by the Community Development Depariment and other interested parties at a public hearing held with respect to this item on August 28, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAI~ ELSINORE DOES FIEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CITY COLTNCIL RESOLUTION NO. 2007-161 PAGE 2 OF 5 SECTION 1. The City Council has considered the Applications and their consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings: 1. The proposed 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 has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " 772ese include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~' 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP, ~ 61.4), Yegetation Mapping (MSHCP, ~ 6.3.1) requirements, Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), 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 City's LEAP and the County's Joint Project Review processes. The Property is within the MSHCP Elsinore Area Plan, but is not located in a Criteria Cell, Core or Linkage. Therefore, a formal LEAP application was not required by the City. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project involves the rehabilitation of an existing campground facility, and no impacts to riparian/riverine areas or vernal pools are expected. Further, there will be no additional development in areas considered as jurisdictional under the U.S. Army Corps of Engineers or California Department of Fish and Garne. As such, the project is consistent with Section 61.2 of the MSHCP, and no further action is required. CITY COUNCIL RESOLUTION NO. 2007-161 PAGE 3 OF 5 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project is the rehabilitation of an existing facility and is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP. Therefore the project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. To minimize Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private development projects in proximity to the MSHCP Conservation Area. The project site is located adjacent to the lake which is considered to be Public/Quasi-Public land under the MSHCP. The project will be conditioned to prevent additional impacts to water quality, related to toxins, lighting, noise, and invasive species. Therefor-e, the project is consistent with Section 6.1.4 of the MSHCP and no further action is required. 6. The proposed project is consistent with the Vegetation Mapping requirements. No circumstances for which vegetation is required are applicable to the project. The project is consistent with MSHCP Section 6.3.1. 7. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is outside of any Criteria Area Species Survey Area for plants, amphibians and mammals, and no Criteria Area Species Su~-vey Area plant species were observed during site surveys. The project site occurs within the burrowing owl survey area. No owls were observed during surveys onsite. Therefore, the project is consistent with MSHCP Section 6.3.2. CITY COiJNCIL RESOLUTION NO. 2007-161 ' ~ PAGE 4 OF 5 8. The proposed project is consistent with the Fuels Management Guidelines. As discussed above, the existing campground is located adjacent to the lake. Because the site is an existing campground facility, and there is no brush or other vegetation subject to fuels management, any further action related to Section 6.4 is not applicable to the project. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The applicant will be conditioned to pay the City's MSHCP Local Development Mitigation Fees. lO.The proposed project overall is consistent with the MSHCP. For the reasons stated above, the project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon each of the Lake Elsinore RV Resort Applications, the City Council hereby finds the Applications 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 this 28th day of August, 2007, by the following vote: AYES: COLTNCILMEMBERS: Thomas Auckley, Daryl Hickman, Genie Kelley Robert Schiffner, and Mayor Robe~rt Magee NOES: COLTNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: Ro`Gert E. Magee, Ma City of Lake Elsinore CITY COLTNCIL RESOLUTION NO. 2007-161 PAGE 5 OF 5 ATTES : I ~ ~ Michelle Soto, Interim City Clerk APPROVED AT TO FORM: ~ ~UV~ Barbara Zeid Leibold, City Attorney City of Lake Elsinore