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HomeMy WebLinkAboutCC Reso No 2017-034 Planning Application No. 2016-56 is Consistent with MSHCPRESOLUTION NO. 2017 - 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT PLANNING APPLICATION NO. 2016 -56 (TENTATIVE TRACT MAP NO. 2016 -06 AND EXTENSION OF TIME NO. 2016 -03) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Pacific Coves Investments, LLC (Applicant) has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016 -56 (Tentative Tract Map No. 2016 -06 and Extension of Time No. 2016 -03) on August 16, 2016. Tentative Tract Map No. 2016 -06 is Revision No. 1 to TTM 31957 and is proposing changes to reflect the current National Pollution Discharge Elimination System (NPDES) requirements. The revisions include increasing the basin size and reducing the number of lots by four, removing connection to Mountain Street, and removing storm drain outlets to Running Deer Drive and Mountain Street. TTM 31957, Revision No. 1 will reflect a subdivision of 34.2 acres into 97 single - family residential lots and four lettered lots for open space and a water quality /detention basin. Extension of Time No. 2016 -03 is requesting to extend the life of TTM 31957 four years to September 13, 2020, (Project). The Project site is located northerly of Lincoln Street and westerly of Mountain Street and Running Deer Road more specifically referred to as Assessor Parcel Numbers 391 - 790 -002 and 391 - 790 -003; and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within an MSHCP cell criteria area undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and, Whereas, the Lake Elsinore Municipal Code (LEMC) Section 16.24.160 requires that a land divider wishing to extend the life of a tentative map make a written application to the City Council (Council) not less than 30 days prior to the expiration of the tentative map requesting an extension of time on the map; and, Whereas, pursuant to LEMC Section 16.24.110, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to revisions to the tentative map; and, Whereas, on February 7, 2017, 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 LEMC Section 16.24.120 the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for the tentative map; and, CC Reso. No. 2017 - 034 Page 2 of 4 Whereas, on March 14, 2017, at a duly noticed Public Hearing, 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: Section 1. The Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: The 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 Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is located within a MSHCP Criteria Cell. As part of the approval of the original TTM 31957, the project has gone through the review process to determine consistency with the MSHCP's requirements, the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP), and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review (JPR) processes. The Project is located within a Criteria Cell and was processed through the City's LEAP and JPR process as part of the approval of the original TTM 31957. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources were identified for the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP were not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species (NEPS) Guidelines. The site falls within the NEPS Survey Areas. A habitat assessment was required for the Project as part of the approval of the original TTM 31957 and was found to be consistent with the Protection of NEPS Guidelines as set forth in Section 6.1.3 of the MSHCP. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. CC Reso. No. 2017 - 034 Page 3 of 4 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As part of the approval of the original TTM 31957, mitigation measures have been incorporated into the proposed project so that there will be no project- related drainage, toxics, lighting, noise, invasives, barriers, and grading /land development impacts to the Conservation area. Therefore, the project is consistent with the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4. 7. The Project is consistent with the Vegetation Mapping requirements. As part of the approval of the original TTM 31957, the vegetation of the entire Project site has been mapped consistent with mapping requirement as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. As part of the approval of the original TTM 31957, the project was designed to include a landscape buffer with fire - resistant and non - invasive plants near the proposed MSHCP Conservation Area that will function as a Fuel Modification Zone. Therefore, the project is consistent with the Fuels Management Guidelines of MSHCP Section 6.4. 9, The Project will be 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. 10. The Project is consistent with the MSHCP. Section 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby finds that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 14th day of March, 2017. Attest: Susan M. Domen, MMC City Clerk CC Reso. No. 2017 - 034 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017 - 034 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 14, 2017, and that the same was adopted by the following vote: AYES: Council Member Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Susan M. Domen, MMC City Clerk