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HomeMy WebLinkAboutCC Reso No 2009-42 Page 1 of 5 RESOLUTION NO. 2009.42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 33140 IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the 'Project') which subdivides 72 acres of land within the R-1 Single Family Residential District into 106 individual lots. The project site is located between the end of Grandview Drive and SR- 74, also known as the Ortega Highway (the "Property"); and WHEREAS, Section 6.0 of the MSHCP 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 Fill WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; 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 the responsibility of making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on July 14, 2009. 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: CITY COUNCIL RESOLUTION NO. 2009-42 PAGE 2 OF 5 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. 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 proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. Therefore, a Joint Project Review with the RCA was not required. 3. The proposed 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 vema/ pools. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. However, these surveys were not conducted. This requirement was realized after the 2006 survey season had passed. The MSHCP requires that 90% of the area containing these species should be avoided. Upon further evaluation regarding the needs for these surveys, it was determined that more than 90 % of the chaparral where these species could potentially exist was being avoided by the project as proposed. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and ~I Procedures. CITY COUNCIL RESOLUTION NO. 2009-42 PAGE 3 OF 5 The Project is not located within an area requiring additional surveys. As such, the provisions of Section 6.3.2 do not apply to the Project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. While the Project is not located adjacent to an identified habitat preserve or corridor, about half of the project site is being considered for conservation. The Applicant is considering providing conservation area to the. Regional Conservation Authority or similar organization for permanent preservation. If this land is set aside for conservation, the Urban/Wild/ands Guidelines would apply to the Project. The design of the project already includes features that ensure compliance with the Guidelines. Further, mitigation has been included in the Project to prohibit the placement of potentially invasive plant material in or adjacent to the conserved areas. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The proposed project is consistent with the Vegetation Mapping requirements. The riparian/riverine habitat as described in the DBESP has been mapped consistent with Section 6.3.1 Vegetation Mapping requirements. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. i 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 is not located adjacent to a conservation area. Should the Applicant set aside land for permanent conservation, Fuels Management Guidelines would apply to the Project. Currently, these provisions do not apply to the Project. 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 Mitigation Fee. 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. CITY COUNCIL RESOLUTION NO. 2009-42 PAGE 4 OF 5 SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Tract Map No. 33140 and Mitigated Negative Declaration No. 2005-10, 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 on this 14th day of July 2009. 1 ROBERT MA E MAYOR ATTEST: SVv-7 DDEBORA THOMSEN 'CITY CLERK APPROVED AS TO FORM: i BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE C CITY COUNCIL RESOLUTION NO. 2009-42 PAGE 5 OF 5 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. 2009-42 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14th day of July 2009, and that the I same was adopted by the following vote: i AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Councilmember Daryl Hickman NOES: None ABSENT: None ABSTAIN: None /•7- /~~~'~T/t DEBORA THOMSE-N - - CITY CLERK I I