Loading...
HomeMy WebLinkAboutCC Reso No 2015-026 City Council ResoRESOLUTION NO. 2015 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TENTATIVE TRACT MAP 36567 LOCATED NORTHEAST OF INTERSTATE 15 AT MAIN STREET APPROXIMATELY ONE - QUARTER MILE NORTHEAST OF CAMINO DEL NORTE, ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Erik Lunde, South Shore II, filed an application for Tentative Tract Map No. 36567, also referred to as South Shore II, (the "project') with the City of Lake Elsinore for a residential subdivision of 67.7+ acres of unimproved property located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte (APN 363- 020 -002, 003, 011 through 015, and 018), which includes the development of an adjacent City -owned property (APN 363- 020 -011) as part of a park site; 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 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 located within MSHCP Criteria Cell 4459 of Cell Group 13% Core or Linkage, and is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP; 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 Project was reviewed by the City through its Lake Elsinore Acquisition Process (LEAP) which determined that the Project was consistent with the conservation goals of the MSHCP and no conservation was required on the Project site, and WHEREAS, the Project was reviewed by the Regional Conservation Authority of Western Riverside County (RCA) through its Joint Project Review process, and the RCA determined that the Project would not preclude the ability of MSCHP conservation goals to be reached in the project area; and City Council Resolution No. 2015 -026 Page 2 of 5 WHEREAS, pursuant to Section 16.24.110 of the Lake Elsinore Municipal Code ( "LEMC ") the Planning Commission has been delegated with the responsibility of recommending to the City Council the approval, conditional approval or denial of tentative maps; and WHEREAS, on March 17, 2015 at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation to the City Council to adopt findings that Tentative Tract Map 36567 is consistent with the MSHCP by adopting Planning Commission Resolution No. 2015 -17; and WHEREAS, pursuant to Section LEMC Section 16.24.120 of the Lake Elsinore Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of acting on a tentative map after receipt of the Planning Commission action by either approving, conditionally approving or disapproving it; and WHEREAS, on April 14, 2015 at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. 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 reviewed and analyzed the proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP for Tentative Tract Map 36567. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP, findings for adoption have been made as follows: 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 proposed project includes a tentative tract map that requires a discretionary approval from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5. 1) requirements, Fuels Management City Council Resolution No. 2015 -026 Page 3 of 5 Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project was reviewed through the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is located within an MSHCP Criteria Cell area, and a formal LEAP submittal was required. It was determined that the proposed project is consistent with the conservation goals of the MSHCP. Additionally, the project is also required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. 3. The proposed project is consistent with the Riparian / Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species. The project will impact 0.13 acres of MSHCP riparian /riverine consisting of ephemeral streamed /swale. Pursuant to the requirements of Section 6.1.2, a Determination of Biologically Equivalent or Superior Protection (DBESP) was prepared. The DBESP concluded that avoidance of the impacted riparian /riverine areas is infeasible and that through the acquisition of mitigation credits supporting equal or superior values, the project would replace lost functions and values and would be considered a biologically equivalent or superior project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is not located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP; and therefore no focused survey was required. . 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in CASSA, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. City Council Resolution No. 2015 -026 Page 4 of 5 The proposed project is located within the survey area identified for the burrowing owl. A survey for the western burrowing owl were conducted pursuant to the Burrowing Owl Survey Instructions as set forth by the MSHCP and resulted in negative findings of burrowing owl and sign and the lack of burrowing owl habitat. Based upon the above, it can be concluded that the proposed project is consistent with the provisions of the MSHCP. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The MSHCP Urban/Wildland Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. Indirect impacts to the off -site potential Conservation Area are discussed above under Item 4a, b for the following issues: Drainage, Toxics, Lighting, Noise, Invasive species, Barriers, and Grading /Land Development. As required by the MSHCP, mitigation has been included that would reduce indirect impacts to a less - than - significant level, and would be consistent with the MSHCP. 7. The proposed 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 proposed 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 proposed project is 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 overall 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. 2015 -026 Page 5 of 5 SECTION 3. Based upon the evidence presented and the above findings, the City Council of the City of Lake Elsinore hereby adopts findings that Tentative Tract Map 36567 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 of the City of Lake Elsinore, California, on the 1� ATTEST: � —)� A- - irgmia J. Bloo City Clerk APPROVED AS TO Zeid' eibold; City Attorney regular meeting of the City Council y of April, 2015. Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -026 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 14th day of April 2015, and that the same was adopted by the following vote: AYES: Mayor Pro Tern Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virginia Blo , City Clerk