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HomeMy WebLinkAboutCC Reso No 2006-175RESOLUTION NO. 2006-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING OF FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2006-OS IS CONSISTENT WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC has submitted an application for Commercial Design Review No. 2006-OS far a clubhouse building and associated improvements for a golf course that is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and southwest of Mission Trail within East Lake Specific Plan Amendment No. 6- APN 371-030-038 (the "ProjecP'); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo 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 WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinare Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) acres are within ce114937; 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 CITY COUNCIL RESOLUTION NO. 2006-175 PAGE 2 OF 6 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, in accordance with CEQA Guidelines 15162, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 October 10, 2006. NOW THEREFORE, TFIE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and has evaluated 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 accordance with State Planning and Zoning law, the City of Lake Elsinore Municipal Code, and the MSHCP, the City Council makes the following findings that the Project is consistent with the MSHCP: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolurion, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's CITY COUNCIL RESOLUTION NO. 2006-175 PAGE 3 OF 6 consistency with other `Plan Wide Requirements. " The Project is located within the East Lake Specific Plan ("ELSP') area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of ineetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permat. It was dete~rnined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 61.4), 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). The Project has been reviewed in light of these sections and is consistent therewith. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the County and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. CITY COUNCIL RESOLUTION NO. 2006-175 PAGE 4 OF 6 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The previously approved ELSP Amendment No. 6 was determined to be consistent with the Riparian/Riverine and Vernal Pool Guidelanes as set forth in MSHCP ~ 6.1.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP ,~ 6.1.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire project site has been graded pursuant to previously issued permits, and any plant species which may have existed on the site have been removed. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP ,~ 6.3.2. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Suf-vey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP ~ 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban/Wildlands Interface Guidelines. CITY COUNCIL RESOLUTION NO. 2006-175 PAGE 5 OF 6 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP ~ 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Pegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, ~ 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modifted from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. lO.The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 11.There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2006-175 PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this tenth day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NoNE ABSENT: COUNCILMEMBERS: NoNE AR~TAiN~ C'nTTNC'TT,MF,MRF,RS~ rvnNF ATTEST: ~ Frederick R , City Clerk City of Lake Elsinore AP ~,ROVED AS O~~Pi~~ /J a/ / ~ ~'~ ~ i ~~~ rbara Zei eibold, City Attorney City of Lake Elsinore