HomeMy WebLinkAboutCC Reso No 2018-093 Temescal Canyon Bridge WRC MSHCPRESOLUTION NO. 2018-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FINDING THAT THE TEMESCAL CANYON ROAD BRIDGE
REPLACEMENT PROJECT IS CONSISTENT WITH THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
Whereas, the City of Lake Elsinore (City), in coordination with the California Department of
Transportation (Caltrans), is proposing to construct a new bridge over Temescal Wash in the City
of Lake Elsinore, California, which includes the segment of roadway from 200 feet north of the
proposed bridge to connect to the existing 2- lane Temescal Canyon Road and the 4 -lane, 375
foot long bridge and approximately 200 feet of the roadway, northwest of the bridge and 130 feet
southeast of the bridge; and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requires that all discretionary projects within a MSHCP criteria cell undergo the
Lake Elsinore Acquisition Process (LEAP) and 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 criteria cell,
and the MSHCP goals and objectives; and,
Whereas, on July 10, 2018, 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 City Council has considered the Project and its consistency with the MSHCP prior
adopting Findings of Consistency with the MSHCP.
Section 2. That in accordance with the MSHCP, the City Council makes the following findings
for MSHCP consistency:
1. The 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 construction of a new bridge over Temescal Wash with
related road improvements, 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), 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), Guidelines for
the Siting and Design of Planned Roads (MSHCP, Section 7.5.1), Guidelines for Construction
of Wildlife Crossings within Criteria Area (MSHCP, Section 7.5.2), Construction Guidelines
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(MSHCP, Section 7.5.3) and payment of the MSHCP Local Development Mitigation Fee
(MSHCP Ordinance, Section 4).
2. The proposed Project is subject to the City's Lake Elsinore LEAP and the Western Riverside
County Regional Conservation Authority's JPR processes.
The project is located within the MSHCP Elsinore Area Plan. The majority of the project site
(10.26 acres) is located within Criteria Cell #3750 with a small amount (1.38 acres) located in
Criteria Cell #3751. Therefore, the City of Lake Elsinore initiated and processed a Lake
Elsinore Acquisition Process (LEAP) review of the proposed project. An application for a JPR
was submitted and on February 7, 2018 the Western Riverside County Regional Conservation
Authority (RCA) concluded that the "Project is consistent with both the Criteria and Other Plan
Requirements. "
3. The proposed Project is consistent with the Riparian/Riverine Areas and Vernal Pools
Guidelines.
There are no vernal pools or other areas suitable for fairy shrimp in the project impact area.
The project will have 3.06 acres of temporary impacts and 1.64 acres of permanent impacts
to riparian/riverine vegetation with the Biological Study Area. 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 the project will mitigate for temporary impacts at a 1:1 ratio and at a 3:1
ratio for permanent impacts. Mitigation for temporary and permanent impacts will be provided
through a combination of on-site and off-site habitat restoration.
As determined in coordination with the RCA and Wildlife Agencies, the project will restore 6.22
acres on site and the remaining 1.76 acres off site. The project will have 3.06 acres of
temporary effects and 1.67 acres of permanent effects for a total of 4.7 acres. The 6.22 acres
of onsite restoration is anticipated to be biologically equivalent, if not superior to the existing
condition. In addition, the 1.76 acres of off-site mitigation will serve to restore and improve the
functions and values of other similar habitats in the region.
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 located within the Survey Area for Narrow Endemic Plant Species Survey
(NEPSSA) Area. No narrow endemic plant species were observed during the 2016 focused
special status plant survey conducted on April 25 and May 31, 2016, timed to occur during
the flowering period of the target species as required per MSHCP Table 6-1. All of these
species are considered absent from the study area due to historic disturbance, presence of
eucalyptus, and lack of typical conditions associated with these species. Thus, the Project
has demonstrated compliance with the NEPSSA 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,
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Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with
Criteria Areas of the MSHCP.
The project site is located within a Criteria Area Species Survey Area (CASSA). No criteria
area plant species were observed during the 2016 focused special status plant surveys
conducted on April 25 and May 31, 2016. All of these species are considered absent from the
study area due to historic disturbance, presence of eucalyptus, and lack of typical conditions
(e.g., alkali soils) associated with these species.
The results of the focused owl survey determined that burrowing owl is absent from the
proposed project site at this time. The burrowing owl is a highly mobile species with the
potential to move onto the proposed project site prior to construction. Per the MSHCP
burrowing owl survey requirements, a preconstruction survey for this species will be required
within 30 days prior to ground disturbance to ensure that the burrowing owl has not
subsequently occupied the site. If burrowing owl have colonized the property site prior to the
initiation of construction, the Permittee should immediately inform the Wildlife Agencies and
the RCA, and coordinate on the potential need for a Burrowing Owl Protection and Relocation
Plan, prior to initiating ground disturbance.
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 Urban/Wildlands 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 is located near Conservation Areas as described in the MSHCP, which would require
the need for implementation of urban/wildland interface guidelines. Indirect impacts to the off-
site potential Conservation Area include Drainage, Toxics, Lighting, Noise, Invasive species,
Barriers, and Grading/Land Development. As required by the MSHCP, the project plans will
incorporate applicable MSHCP Urban/Wildlands Interface Guidelines and standard best
management practices. Thus, the proposed project is consistent with the Guidelines
Pertaining to the Urban/Wildland Interface.
7. The proposed project is consistent with the Guidelines for the Siting and Design of Planned
Roads and the Guidelines for Construction of Wildlife Crossings within Criteria Area.
The City's project consultants coordinated with the RCA and regulatory agencies to review
the project's consistency with the MSHCP. As a result of the consultation, the bridge design
was lengthened to 375 feet. The 375 feet bridge design was determined to be acceptable to
the RCA, United States Fish and Wildlife Service and California Department of Fish and
Wildlife and is considered consistent with MSHCP Section 7.5.1. Based on the proposed
project's openness ratio, the proposed project will provide for large mammal wildlife
movement. In addition, the project will restore vegetation within the Biological Study Area,
which will further support regional wildfife, movement consistent with MSHCP Section 7.5.2.
Therefore, the Project is consistent with the Guidelines for the Siting and Design of Planned
Roads and the Guidelines for Construction of Wildlife Crossings within Criteria Area, as set
forth in Sections 7.5.1 and 7.5.2 of the MSHCP.
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8. The proposed project is consistent with the MSHCP Construction Guidelines and Best
Management Practices.
Implementation of the construction guidelines are required to minimize and avoid impacts to
sensitive species and habitats during construction of the bridge and roadway. The City has
documented the project's commitment to implementation of the Construction Guidelines and
Best Management Practices.
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 10th day of July, 2018.
Nata Johnso
Mayor
Attest:
�4 1
Susan 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. 2018-093 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of July 10, 2018, and that the same was adopted by the
following vote:
AYES: Council Members Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
Susan M. Domen, MMC
City Clerk