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HomeMy WebLinkAboutCC Reso No 2017-077 Third Street Storm Drain - MSHCPRESOLUTION NO. 2017 — 077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE THIRD STREET STORM DRAIN PROJECT IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN Whereas, the City of Lake Elsinore (City) is planning the installation of an underground reinforced concrete pipe storm drain, a reinforced concrete box structure, and related facilities, known as the Third Street Storm Drain Project (Project); 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 not within an MSHCP Criteria Cell, Core or Linkage, but 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 May 23, 2017and June 13, 2017, at a duly noticed Public meeting, the City Council (Council) has considered 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 reviewed and analyzed the proposed Project and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP 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: 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 is planning the installation of an underground reinforced concrete pipe storm drain, a reinforced concrete box structure, and related facilities, which requires California Environmental Quality Act (CEQA) review by the City. 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), CC Res. No. 2017 -077 Page 2 of 4 Protection of Narrow Endemic Plant Species (NEPS) 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 Lake Elsinore LEAP and the County's JPR 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 majority of the Project site contains no jurisdictional drainage, ponds, basins, gravel pits or potential wetland features that would be considered jurisdictional by the Army Corps of Engineers (Corps), Regional Water Quality Control Board, or California Department of Fish and Wildlife (CDFM. There are no areas or habitats within the Phase 1 portion of the Project site that would qualify as riparian /riverine habitat as defined under Section 6.1.2 of the MSHCP and there is no indication of vernal pools or suitable fairy shrimp habitat within that phase of the Project site. However, a portion of Phase 2 of the proposed Project, located within the Ramsgate Specific Plan Area, would consist of a basin, headwall and approximately 100 feet of 78 -inch diameter pipeline, which would impact Corps and CDFW jurisdictional areas. This portion of Phase 2 includes riparian /riverine habitat. The MSHCP requires that all riparian /riverine habitats be avoided. If they cannot be avoided, a Determination of Biologically Equivalent or Superior Preservation ( DBESP) is required. Therefore, a DBESP will be prepared prior to the initiation of Phase 2 of the proposed Project, and the riparian /riverine habitat will be mitigated to the biological equivalent or better, in accordance with Mitigation Measure BIO -2. Therefore, the Project is consistent with the riparian /riverine and vernal pool requirements of the MSHCP. 4. The proposed Project is consistent with the Protection of NEPS Guidelines. The Project site is not within the MSHCP NEPS survey area. There were no rare plants found within the project area and there is no suitable habitat for any of the NEPS. Thus, the Project is consistent with the NEPS requirements of the MSHCP. 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 Criteria Area Species Survey Area ( 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. CC Res. No. 2017 -077 Page 3 of 4 A portion of the proposed project is located within the survey area identified for the burrowing owl. No burrows capable of providing suitable roosting and nesting opportunities for the burrowing owl were found on the project site during a reconnaissance -level survey conducted on the Project site. No burrowing owls or burrowing owl sign was observed on the project site. 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 mitigation if active nests are located. Based upon the above, it can be concluded that the proposed project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The proposed project is consistent with the UrbanMildlands 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. The project site is not located within a MSHCP Criteria Area and is not located adjacent to any Criteria Cell describing areas of conservation. The proposed project is not expected to result in significant indirect impacts to special- status biological resources. Thus, the proposed project is consistent with the Guidelines Pertaining to the Urban/Wildland Interface. 7. The proposed project is consistent with the Vegetation Mapping requirements. No vegetation mapping requirements apply to the proposed Project. 8. The proposed Project is consistent with the Fuels Management Guidelines. The proposed project site is separated from nearby criteria cells by other properties. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The City will pay any appropriate MSHCP Implementation Fee. Because the proposed Project is a local capital improvement project, the City may be required to pay local MSHCP implementation fees. The City will pay any appropriate MSHCP fee related to the proposed project. 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 Council adopts findings that the Project is consistent with the MSHCP. Section 4. This Resolution shall take effect immediately upon its adoption Passed and Adopted on this 13th day of June, 2017. CC Res. No. 2017 -077 Page 4 of 4 Attest: Csa M. Domen, MQIC City Clerk 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, do hereby certify that Resolution No. 2017 -077 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 13, 2017, and that the same was adopted by the following vote: AYES: Council Members Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: Council Member Hickman ABSTAIN: None Susan -- Domen, MMC City Clerk