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HomeMy WebLinkAboutCC Reso No 2010-052RESOLUTION NO. 2010-052 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) FOR THE PROJECT KNOWN AS TENTATIVE PARCEL MAP NO. 35336 AND TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN WHEREAS, Erik Lunde of Pacific Coves Investments L.L.C. has filed applications with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 within the Spyglass Ranch Specific Plan (the "Project'); and WHEREAS, the 258 acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, on March 16, 2010, the Planning Commission of the City of Lake Elsinore considered the findings that the project is consistent with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); 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 City Council with regard to Tentative Parcel Maps and Tentative Tract Maps are discretionary actions subject to the MSHCP; and WHEREAS, The Final Environmental Impact Report, State Clearinghouse No. 2006121069 (the "FEIR") for the Spyglass Ranch Specific Plan was certified by the City Council on February 26, 2008; and WHEREAS, the Subdivisions were contemplated by the Specific Plan and do not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR; and WHEREAS, public notice of the Entitlements has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 13, 2010 and July 27, 2010. Resolution No. 2010-052 Page 2 of 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the Project's consistency with the MSHCP prior to adopting 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, 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), UrbanAMldlands 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. The Project Site is within the Elsinore Area Plan, and according to MSHCP maps, was shown to be within a Criteria Cell. LEAP No. 2006-03 was processed, but it was ultimately agreed upon by City staff and the Regional Conservation Authority that a mapping error had occurred and that this Project is NOT within a Criteria Cell. As such, LEAP 2006-03 was withdrawn from the Joint Project Review process. 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). The Project Site does not have vernal pools. The Project is therefore consistent with Section 6.1.2 of the MSHCP. Resolution No. 2010-052 Page 3 of 5 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. Therefore, the provisions of Section 6.1.3 are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within 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 no Burrowing Owls occupied the Project Site. However, the Project will be required to conduct a pre-construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 6.3.2 of the MSHCP. Guidelines. 6. The Project is consistent with the Urban/Wildlands Interface The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project 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. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. 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 MSHCP. Resolution No. 2010-052 Page 4 of 5 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 does hereby 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 on this 27th day of July 2010. S!V MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE A INTERIM CITY APPROVED AS TO FORM: k- BAkbARA ZED LEIBOLD CITY ATTORNEY Resolution No. 2010-052 Page 5 of 5 STATE OF CALIFORNIA ) 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. 2010-052 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 27th day of July 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER BUCKLEY CAROL COWLEY INTERIM CITY CLERK