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Home My WebLink AboutCC Reso No 2009-33 RESOLUTION NO. 2009-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Bridge Housing Corporation (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36193 and Residential Design Review No. 2009-02 (collectively, the "Project") located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel on parcels commonly identifiable as Assessor's Parcel Nos. 374-071-003 through -014, -026, -027, 374-072-018, -020, -022, -026, -028, -030, -032, -034, and - 036 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by 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 not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide n 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 not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was 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 Planning Commission recommended that the City Council find the discretionary project entitlements for Pottery Court consistent with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 23, 2009. I CITY COUNCIL RESOLUTION NO. 2009-33 PAGE 2 OF 5 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 proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to that certain Habitat Assessment Report prepared by Thomas Leslie Corporation, the March 9, 2009 field survey revealed that no Riparian/Riverine Areas or Vernal Pool habitat exist on the Property. It was determined that there is no potential for vernal pool or vernal pool species to occur on the Property. Therefore, the Project is consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No Section 6.1.2 investigations are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. As documented by the Conservation Summary Report, the Property is located outside of the Narrow Endemic Plan Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. 5 The proposed project is consistent with the Additional Survey Needs and Procedures. CITY COUNCIL RESOLUTION NO. 2009-33 PAGE 3 OF 5 r According to the Conservation Summary Reports, the Property is located outside of any MSHCP Criteria Area Species, Burrowing Owl, Amphibian Species or Mammal Species Survey Areas. Therefore, no additional habitat assessment surveys are required by the MSHCP and, consequently, the Project is consistent with Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbaNWildlands Interface Guidelines. The Property is located outside of, and 3,300 t feet away from, any MSHCP Conservation Area or Fish and Wildlife Service Additional Reserve Lands. The eastern boundary of the Property, however, abuts the flood control channel which constitutes Public Quasi-Public Lands. According to that certain Habitat Assessment Report prepared by Thomas Leslie Corporation, no sensitive biological resources were identified in the portion of the channel adjacent to the eastern project site boundary. Currently, the flood control channel is fenced on both sides to prevent public access. In order to protect the integrity of the flood control channel from development of the Project, the Developer is required to comply with all Regional Water Quality Control Board rules and regulations and has prepared a Water Quality Management Plan. Therefore, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. II 7. The proposed project is consistent with the Vegetation Mapping requirements. Thomas Leslie Corporation has mapped the Property in accordance with the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Property does not encompass areas that would be subject to the Fuels Management Guidelines. However, the site is adjacent to some vacant parcels that may require on-going brush abatement to reduce fire risk. The City has a program in place to address brush abatement when necessary. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development r- Mitigation Fee. I CITY COUNCIL RESOLUTION NO. 2009-33 PAGE 4 OF 5 r 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt 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 this 23rd day of une 2009. Robert E. Magee, or ATTEST: J~Slz Cebord7homsen; City Clerk APPROVED-AS TO FORM: r! B rbara Leibold, City Attorney l CITY COUNCIL RESOLUTION NO. 2009-33 PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ISS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-33 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23rd day of June 2009, and that the same was adopted by the following vote: AYES: Mayor Robert Magee, Mayor Pro Tern Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Councilmember Daryl Hickman NOES: None ABSENT: None ABSTAIN: None DEBORA THOMSEN CITY CLERK =