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Home My WebLink AboutCC Reso No 2011-063 City Council ResoRESOLUTION NO. 2011 -063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS TENTATIVE PARCEL MAP NO. 36304 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Doug Pinnow, for the subdivision of 3.17 acres of land into three (3) single family residential lots( "the Project "), which is located 7 Via Del Lago at APN 363- 350 -021 (the "Site "); and WHEREAS, Section 6.0 of the MSHCP generally requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements'; 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 making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and 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 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 MSHCP Consistency Findings: CITY COUNCIL RESOLUTION NO. 2011 -063 PAGE 2 OF 5 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. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 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. According to the MSHCP Compliance Document prepared by Searl Biological Services (SBS) dated August 20, 2010, the project site does not support riparian or riverine resources, since the site consists of an existing single family residence or previously graded pads. The site is largely comprised of disturbed land. Given the disturbed state of the site, the soils, which consist of Cieneba rocky sandy loam, and habitat on site do not support suitable habitat for vernal pools or fairy shrimp. 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. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within an Additional Survey Area for Burrowing Owl. SBS conducted a Step 1: Habitat Assessment on July 28, 2010. Suitable Burrowing Owl habitat was determined to be present. Due to the presence of suitable Burrowing Owl habitat, SBS conducted a Step 11 — Part A: Focused Burrow Survey on August 5, 2010. According to SBS's Part 11 Survey, the site does not support any potential owl burrows. Since SBS did not observe suitable owl burrows during the burrow survey, focused breeding season surveys were not warranted. CITY COUNCIL RESOLUTION NO. 2011 -063 PAGE 3 OF 5 6. The Project is consistent with the UrbanANildlands Interface Guidelines. Conservation Areas are to be located near the project site. To preserve the integrity of the areas dedicated as MSHCP Conservation Areas, the guidelines contained in Section 6.1.4 related to controlling adverse effects for development adjacent to the MSHCP Conservations Area shall be implemented. In addition, and where applicable, the project shall: 1) Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area, 2) Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species or habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area, 3) Night lighting shall be directed away from the MSHCP Conservation Area, 4) Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines, and 5) Consider the invasive, non - native plant species in table 6 -2 of the MSHCP in landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. 7. The Project is consistent with the Vegetation Mapping requirements. See the response above. 8. The Project is consistent with the Fuels Management Guidelines. Fuels management focuses on hazard reduction for humans and their property. The proposed project includes a recently graded 300 foot long driveway with a hammer- head turn- around in compliance with the Riverside County Fire Department requirements for fire suppression equipment and personnel to access higher elevations and remote areas that were previously inaccessible. This should substantially reduce the hazard of a fire to all nearby residences in the Tuscany Hills Development. 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. For the foregoing reasons, the Project is consistent with the MSHCP. CITY COUNCIL RESOLUTION NO. 2011 -063 PAGE 4 OF 5 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. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 8th day of November 2011, by the following vote: BRIAN TISDALE MAYOR 0 u u -.101VA 0 MUD Ifell •-I !1' ll� ►4��t t° A07 ... :• ATTORNEY CITY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -063 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8h day of November 2011 and that the same was adopted by the following vote: AYES: Mayor Pro Tern Magee, Council Member Hickman, Council Member Melendez, Council Member Weber and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None I I Virginia City CIE