HomeMy WebLinkAboutCC Reso No 2017-085 Planning Application No. 2016-103 - MSHCPRESOLUTION NO. 2017 — 085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2016 -103 IS
CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
Whereas, C &C Housing submitted an application for a residential design review, proposing to
build an affordable multifamily development with 81 apartments units and associated features and
facilities including resident /visitor parking, a leasing /management office, a community center,
onsite laundry facility, active and passive open spaces, and a maintenance garage. The Project
is generally located on vacant land west of Mission Trail, approximately 500 feet south of Hidden
Trail and Elberta Road and is more specifically referred to as Assessor Parcel Number (APN:
365- 030 -001); 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, pursuant to LEMC Chapter 17.184 (Design Review) the Commission has been
delegated with the responsibility of making recommendations to the Council pertaining to Design
Review of residential Projects; and,
Whereas, on June 6, 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 17.184 (Design Review) the Council has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Commission for Design
Review applications; and,
Whereas, on June 27, 2017, at a duly noticed Public Hearing the Council has considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
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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 applications and their
consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the
MSHCP for the Project.
Section 2: That in accordance with the 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 JPR Review
processes.
The Project site, borrow site, and temporary haul road is located within Subunit 3
(Elsinore) of Elsinore Area Plan of the Western Riverside County MSHCP. The
Project site, borrow site, and temporary haul road is located within MSHCP Criteria
Cells, proposed extension of the existing Core 3, and in the vicinity of proposed
Linkage 8. The Project site, borrow site, and temporary haul road are located within
the MSHCP Project site, borrow site, and temporary haul road for the western
Burrowing Owl (Athene cunicularia hypugaea) pursuant to Section 6.3.2 of the
MSHCP. The borrow site and temporary haul road are also located within the
MSHCP Project site, borrow site, and temporary haul road for Narrow Endemic Plant
Species (NEPS) pursuant to Section 6.1.3 of the MSHCP and Criteria Area plant
species pursuant to Section 6.3.2 of the MSHCP. The Project would be required to
comply with the MSHCP through obtaining a consistency determination and any
other additional approvals required by the MSHCP, including processes such as the
City's implementation of the Habitat Evaluation and Acquisition Negotiation Strategy
(HANS) process, the LEAP, and /or a Determination of Biologically Equivalent or
Superior Preservation ( DBESP), if appropriate. It is anticipated that a DBESP will be
required for this Project, subject to MSHCP approval, and the Project will be required
to demonstrate consistency with the MSHCP through the preservation of equivalent
or superior resources in comparison to project impacts.
3. The proposed Project is consistent with the Riparian /Riverine Areas and Vernal
Pools Guidelines.
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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 DBESP to be completed and approved prior to the
issuance of a building permit. 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.
4. The proposed Project is consistent with the Protection of NEPS Guidelines.
There is potential for direct and indirect impacts to special status plants within the
Survey Area. The species with the highest likelihood of occurrence within the Survey
Area are little mousetail and smooth tarplant; focused surveys pursuant to the
MSHCP Narrow Endemic and Criteria Area Species Survey requirements will be
conducted in spring 2017. The impacts to sensitive plants are not currently known,
however it is expected that compliance with the MSHCP (including required
mitigation, if applicable) will reduce potential direct impacts to a below significance.
Additionally, potential indirect impacts to special status species within.
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 not present on the Project Site. Additional
surveys shall be conducted to ensure that the smooth tarplant and little mousetail
are not onsite. In the event that either the smooth tarplant and little mousetail are
onsite, they 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 UrbanMildlands 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.
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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.
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 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 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 27'h day of June, 201
Attest:
-S—tsan M. Domen, MMC
City Clerk
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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 -085 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of June 27, 2017, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson, Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk