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HomeMy WebLinkAboutCC Reso No 2016-136 PA 2016-38 Civic Partners MSHCPRESOLUTION NO. 2016 -136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2016 -38 (TENTATIVE PARCEL MAP 37253 AND COMMERCIAL DESIGN REVIEW 2016 -07) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Jeff Pomeroy, on behalf of Civic Partners, has submitted an application for Tentative Parcel Map providing for the subdivision of two (2) lots into four (4) lots and the reconfiguration of the adjacent right of way, Commercial Design Review, which would approve architectural plans for 95,000 square feet of commercial space distributed between eight buildings, and a Residential Design Review, which would approve one (1) residential unit. The project site is located on 11.27 acres generally located at the northeast corner of Diamond Drive and Malaga Road. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 365- 280 -022 and 373 - 210 -041; and, Whereas, Section 6.0 of the Western Riverside County 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 discretionary development projects be analyzed pursuant to the MSHCP "Plan Wide Requirements" even if not within an MSHCP criteria cell; and, Whereas, the Project is discretionary in nature and requires review and approval by the Planning Commission (Commission) and City Council (Council); and, Whereas, a portion of the Project is within MSHCP Criteria Cell 4743 and the entire Project 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, on December 6, 2016, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 6.2.2 (Design Review) of the Diamond Specific Plan Amendment 1 (SPA) the Council of the City has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for Commercial Design Review applications; and, Whereas, pursuant to Section 6.2.3 (Tentative Maps) of the Specific Plan Amendment (SPA) the Council of the City has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for parcel maps; and, Whereas, on December 13, 2016, at a duly noticed Public Meeting, the Council has considered the recommendation of the 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CC Reso No. 2016 -136 Page 2 of 4 Section 1. The Council has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to the adoption of Findings of Consistency with the MSHCP for the Project. Section 2. That in accordance with the City of Lake Elsinore Municipal Code (LEMC), and the MSHCP, Findings for adoption have been made as follows: 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 § 6.2), 1.Protection of Narrow Endemic Species MSHCP § 6.3), 1. Urban/Wildlands Interface Guidelines (MSHCP § 6.4), 1. Vegetation Mapping (MSHCP § 6.1), 3.Additional Survey Needs and Procedures (MSHCP § 6.2), 3. 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. Portions of the Project site are located within Criteria Cell 4743 (within Subunit 3 - Elsinore), the Criteria Species Survey Area, the Burrowing Owl Survey Area, and Narrow Endemic Plant Species Survey Area 2 of the MSHCP. The Final Environmental Impact Report (EIR) (SCH# 2009031084) determined that development of the Diamond Specific Plan (DSP), including the Project site, would be consistent with the MSHCP with the implementation of mitigation measures DSP -BIO -1 through DSP -BIO -7 as described above and with the implementation of mitigation measures DSP -BIO -8 and DSP- BIO -9, which would ensure that the potential for noise impacts associated with construction and operation of the DSP on adjacent conservation areas would reduce urban /wildland interface impacts to below a level of significance. These findings were corroborated by the Regional Conservation Authority (RCA) MSHCP Consistency Determination issued during the Joint Project Review (JPR 09- 2007 -1) process completed on February 2, 2010, which was attached to the Final EIR SCH# 2009031084. 3. The proposed Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.21. 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) completed by PCR, dated June 15, 2009, and updated November 17, 2009. There are no vernal pools or fairy shrimp habitat on the Project Site, and therefore, the Project is consistent with Section 6.21. of the MSHCP. CC Reso No. 2016 -136 Page 3 of 4 4. The proposed Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project Site is located within a Narrow Endemic Plant Species Survey Area NEPSSA) for Munz's onion, San Diego Ambrosia, many- stemmed dudleya, spreading navarretia, California orcutt grass, Hamlett's clay -cress and Wright's trichocoronis as mapped in Section 6.31.of the MSHCP. The Site was surveyed for suitable habitat for these NEPSSA plants. Based on the Biological Resources Assessment dated November 17, 2009, none of the NEPSSA plants were observed on the Site. Therefore, the Project demonstrates compliance with the provisions of Section 6.3. 5. The proposed Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Criteria Area Species Survey Area (CASSA) for several criteria area plants and the Burrowing Owl survey area as identified in Section 6.23. Additional Survey Needs and Procedures of the MSHCP. Surveys were conducted on the entire Project Site, and the results indicated that two plant species, the smooth tarplant and little mousetail are present on the Project Site. The smooth tarplant and little mousetail will be relocated to on and off -site mitigation areas which will provide adequate long -term protection of these species. No Burrowing Owls occupied the Project Site. As such, the Project is consistent with Section 6.23. of the MSHCP. 6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.41.of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the Project will minimize the identified potential indirect impacts with potential future open space. As such, the Project is consistent with Section 6.41. of 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 6.13. 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. As a Condition of Approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. CC Reso No. 2016 -136 Page 4 of 4 10. The Project is consistent with the reserve assembly requirements of the MSHCP. The Project Site is located in the Back Basin area and is subject to the 770 Acre Back Basin Agreement with the Wildlife Agencies related to reserve assembly. Since the Project has conserved an area along the outlet channel, which contributes to the extension of existing Core 3 and shall meet the reserve assembly requirements of the Back Basin Agreement, the Project does not conflict with the reserve assembly requirements of the MSHCP. 11. 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 Council of the City of Lake Elsinore, California, 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 and Adopted this 13th day of December, 2016. Brian Tfsdaw Mayor Attest: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDR ) ss. CITY OF LAKR ELSINORE ) I, Susan M. Domen MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -136 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 13th day of December 2016, and that the same was adopted by the following vote: AYES: Council Members Hickman, Johnson, Manos, Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSTAIN: None ABSENT: Non 5 r Susan M. Domen, MMC City Clerk