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HomeMy WebLinkAboutCC Reso No 2015-043 City Council Reso.RESOLUTION NO. 2015 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR ZONE CHANGE NO. 2014 -01, TENTATIVE TRACT MAP 36682, AND RESIDENTIAL DESIGN REVIEW NO. 2014 -01 WHEREAS, Pardee Homes, filed applications for Zone Change No. 2014 -01, Tentative Tract Map 36682, and Residential Design Review No. 2014 -01, also referred to as Meadow Ridge II, (the "project') with the City of Lake Elsinore for a residential subdivision of 20.2+ acres of unimproved property located on the south side of Holland Road, east of Hermosa Drive and on the north side of Corson Avenue (APN 358 -130- 020); and WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (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 not within an MSHCP Criteria Cell, Core or Linkage, but are 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 has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Zone Changes, the subdivision of land and residential design reviews; and WHEREAS, on April 7, 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 adopted Planning Commission Resolution No. 2015 -27 recommending that the City Council adopt findings that Zone Change No. 2014 -01, Tentative Tract Map 36682, and Residential Design Review No. 2014 -01 are consistent with the MSHCP; and City Council Resolution No. 2015 -043 Page 3 of 5 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Criteria Cell area therefore, no formal LEAP submittal was required. However, the project is still 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. The project site does not contain areas defined by the MSHCP as riparian /riverine and does not contain vernal pools. Therefore, this section of the MSHCP is not applicable to the 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. As such, the project is compliant with MSHCP Section 6.1.3. 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. The proposed project is located within the survey area identified for the burrowing owl. Burrowing owl surveys were conducted for the project site which resulted in findings of one unpaired burrowing owl, burrowing owl sign and two active burrows. Because the project site is less than 35 acres and supports fewer than three pairs of burrowing owls, the burrowing owl was passively relocated consistent with the objectives of the MSHCP (Volume 2, Section B, Birds, Burrowing Owl Species Objective 5). Mitigation Measures BIO -1 and Mitigation Measure BIO -2 requires that preconstruction presence /absence survey for burrowing owls be conducted where suitable habitat is present within 30 days prior to disturbance. In addition, they require implementation of methods for establishing buffer areas, CDFW notification and reporting, and species relocation from the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Conservation Plan in the event Burrowing owls are found. With this mitigation, the project would result in consistency with the MSHCP. City Council Resolution No. 2015 -043 Page 5 of 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26�h day of May 2015, by the following vote: �— , Mayor ATTEST: Virginia J. 1316offij , City Clerk `) APPROVED AS TO Barbara Leibold, City Attorney 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 -043 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the same was adopted by the following vote: AYES: Mayor Manos, Council Member Hickman, Council Member Johnson and Mayor Pro Tern Tisdale NOES: Council Member Magee ABSENT: None ABSTAIN: None I Virgini 4 . Bloorhj City Clerk 1