The URL can be used to link to this page

Home My WebLink AboutCC Reso No 2015-034 City Council Reso.RESOLUTION NO. 2015 -034 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 THE TERRACINA SPECIFIC PLAN (SP NO. 2012 -01) AND RELATED APPLICATIONS WHEREAS, Spectrum Communities, has filed applications with the City of Lake Elsinore requesting approval of the Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 ( "Project') for a residential development, with approximately 76.5 acres of residential (452 dwelling units), 22 acres of open space, 22.5 acres of roadways, 4.2 acres of park (5.1 gross acres), and 28.2 acres of graded slopes and basins, located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378 - 040 -004 through 007, 378 - 040 -012, 389 - 180 -001 and 002, and 389 - 190 -002); 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 Specific Plans, General Amendments, Zone Changes, and the subdivision of land; and WHEREAS, on December 2, 2014, January 6, 2015, and March 17, 2015 at duly noticed public hearings 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 -07 recommending City Council Resolution No. 2015 -034 Page 2 of 5 that the City Council adopt findings that Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 are consistent with the MSHCP; and WHEREAS, pursuant to Section 17.188.050 and Section 17.204.130 of the Lake Elsinore Municipal Code, the City Council has the authority to approve, modify or conditions, or deny zone changes, specific plans and ; and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; 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 May 12, 2015 and July 14, 2015, at duly noticed public hearings, the City Council has 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 applications and their consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP for Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577. 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 specific plan and related general plan amendment, zone change, and vesting tentative tract map that require a number of discretionary approvals 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 City Council Resolution No. 2015 -034 Page 3 of 5 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 Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 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. 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 1.55 acres of MSHCP riparian /riverine, including 1.13 acres of riparian vegetation and 0.42 acre of unvegetated riverine areas. 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 located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP. Focused plant surveys were conducted for species identified under Section 6.1.3 of the MSHCP in areas of the project site that contained potentially suitable habitat, and none of the NEPSSA target species were identified onsite. 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 City Council Resolution No. 2015 -034 Page 4 of 5 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. Breeding season protocol surveys 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. As required by the MSHCP, mitigation has been included requiring pre - construction focused species surveys within 30 -days prior to any ground- disturbing activities at the project_ site where suitable habitat is present and requiring appropriate mitinatinn if actives nacfc ara lncafarl 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 UrbanANildlands 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. City Council Resolution No. 2015 -034 Page 5 of 5 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. SECTION 3. Based upon the evidence presented and the above findings, the City Council hereby adopts findings that Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 are 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 at regular meeting of the City Council of the City of Lake Elsinore, California, this 14th IV July 2015. Mayor APPROVED AS TO Leibold,�City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -034 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 141h day of July 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Magee and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virgin" J. BI , City Clerk