HomeMy WebLinkAboutCC Reso No 2010-036RESOLUTION NO. CC-2010-036
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING 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 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 June 22, 2010.
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 Project's consistency with the
MSHCP and the recommendation of the Planning Commission that the City Council
adopt Findings of Consistency with the MSHCP.
SECTION 2. That in accordance with the MSHCP, the City Council makes the
following MSHCP Consistency Findings:
1. The Project is a project under the City's MSHCP Implementing Resolution,
CITY COUNCIL RESOLUTION NO. CC-2010-036
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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
navarretia, California orcutt grass, Hamlett's clay-cress and Wright's trichocoronis as
mapped in Section 6.1.3 of the MSHCP. The 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 Site. Therefore,
the Project demonstrates compliance with the provisions of Section 6.1.3.
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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 UrbanNVildlands 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.
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
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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 City Council of the City of Lake Elsinore hereby adopts findings that the Project is
consistent with the MSHCP.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 22nd day of June, 2010.
Melissa A. Melendez, Mayor
City of Lake Elsinore
APPROVED AS TO FORM:
lei A
Ba ara Leib Id, City Attorney
CITY COUNCIL RESOLUTION NO. CC-2010-036
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STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. CC-2010-36 was adopted by the City Council of the
City of Lake Elsinore at a regular meeting held on the 22nd day of June 2010, and that
the same was adopted by the following vote:
AYES: COUNCIL MEMBES: BUCKLEY, HICKMAN, MELENDEZ,
MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Carol Cowl
Interim City Clerk