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Home My WebLink AboutPC Reso No 2010-022RESOLUTION NO. 2010-22 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS THE DIAMOND SPECIFIC PLAN IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, JIC-CP Diamond Development (the "Developer") has filed applications with the City of Lake Elsinore requesting approval of the Diamond Specific Plan No. 2009-01 and its related cases ("Project") relating to properties located at Assessor's Parcel Nos. 363-150-001 thru -005, -012, and -034, -035; and 363-162-024, -025, -027, -030, -039, -041, and -044 and -037; 365-280-022; 371-030-035; 373-210- 021, -030, -032, -037 thru -039, -041, thru -043, and -045; ("the Properties"); and WHEREAS, the Properties are located south of Lakeshore Drive, east of the Inlet Channel, west of Mission Trail and north of Summerly Homes (the "Project Site"); and WHEREAS, Section 6.0 of 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 General Plan Amendments and Specific Plan amendments and adoption are discretionary actions subject to the MSHCP; 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.), a draft environmental impact report was prepared for the Project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 1, 2010. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2010-22 PAGE 2OF6 SECTION 2. That in accordance with the MSHCP, the Planning Commission 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. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the Project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, 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. A portion of the Project Site is within Subunit 3 of the Elsinore Area Plan. According to MSHCP maps, a portion of the Project Site was shown to be within Criteria Cells 4743 and 4846. Therefore, a formal and complete LEAP application, LEAP 2009-02, was submitted to the City and a Joint Project Review (JPR 09-07-20-01) with RCA was conducted. 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. All potential impacts to riparian/riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP) completed by PCR, dated June 15, 2009, and updated November 17, 2009. There are no vernal pools or fairy shrimp habitat on the Project Site, and therefore, the Project is consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project Site is located within a Narrow Endemic Plant Species Survey Area (NEPSSA) for Munz's onion, San Diego Ambrosia, many-stemmed dudleya, spreading PLANNING COMMISSION RESOLUTION NO. 2010-22 PAGE 3 OF 6 navarretia, California orcutt grass, Hamlett's clay-cress and Wright's trichocoronis as mapped in Section 6.1.3 of the MSHCP. The Project Site was surveyed for suitable habitat for these NEPSSA plants. Based on the Biological Resources Assessment dated November 17, 2009, none of the NEPSSA plants were observed on the Project Site. Therefore, the Project demonstrates compliance with the provisions of Section 6.1.3. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Criteria Area Species Survey Area (CASSA) for several criteria area plants and the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Surveys were conducted on the entire Project Site, and the results indicated that two plant species, the smooth tarplant and little mousetail are present on the Project Site. The smooth tarplant and little mousetail will be relocated to on and off-site mitigation areas which will provide adequate long-term protection of these species. No Burrowing Owls occupied the Project Site. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the UrbanMildlands 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. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the Project will minimize the identified potential indirect impacts with potential future open space. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. Vegetation mapping was conducted as part of the biological surveys conducted on the entire Project Site and is consistent with the MSHCP Section 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 adjacent to the MSHCP Conservation Area and shall be implemented as part of the Project. As such, the Project is consistent with the Fuels Management Guidelines. PLANNING COMMISSION RESOLUTION NO. 2010-22 PAGE 4 OF 6 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 Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the reserve assembly requirements of the MSHCP. The Project Site is located in the Back Basin area and is subject to the 770 Acre Back Basin Agreement with the Wildlife Agencies related to reserve assembly. Since the Project has conserved an area along the outlet channel, which contributes to the extension of existing Core 3 and shall meet the reserve assembly requirements of the Back Basin Agreement, the Project does not conflict with the reserve assembly requirements of the MSHCP 11. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt 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 Planning Commission of the City of Lake Elsinore, California, this 1 st day of June, 2010. Y Flores, Chairman of Lake Elsinore ATTEST: obert A. Brady City Manager PLANNING COMMISSION RESOLUTION NO. 2010-22 PAGE 5OF6 PLANNING COMMISSION RESOLUTION NO. 2010-22 PAGE 6 OF 6 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC-2010-22 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1s` day of June 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE 1/_/~ bert A. Brady it y Manager