HomeMy WebLinkAboutCC Reso No 2018-127 SP 2018-02 General Plan Amendment and Zone Change (MSHCP)RESOLUTION NO. 2018 -127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT THE DOWNTOWN ELSINORE SPECIFIC
PLAN (SP 2018 -02), GENERAL PLAN AMENDMENT NO. 2018-02 AND ZONE CHANGE
NO. 2018 -02 ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, the City of Lake Elsinore (City) initiated the Downtown Elsinore Specific Plan (DESP)
(SP 2018 -02) and related General Plan Amendment No. 2018 -02 and Zone Change No. 2018 -02
(Project); and,
Whereas, the 178 -acre DESP covers an approximately mile -long area extending from Flint Street
along its northern edge, southwesterly to the edge of the Lake and generally bounded by Riley
Street and the Lake Elsinore Outlet Channel on the west and Ellis Street and Chestnut Street on
the east; 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, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.204 (SPD Specific Plan
District), LEMC Chapter 17.188 (Amendments) and Government Code Section 65354 the
Planning Commission has been delegated with the responsibility of making recommendations to
the City Council (Council) pertaining to specific plans, general plan amendments and zone
changes; and,
Whereas, on September 4, 2018, at a duly noticed public hearing the Planning Commission
(Commission) considered evidence presented by the Community Development Department and
other interested parties with respect to this item, and adopted Planning Commission Resolution
No. 2018 -68 recommending that the Council adopt Findings of Consistency with the MSHCP;
and,
Whereas, on September 25, 2018 at a duly noticed public hearing, the City 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
adopting Findings of Consistency with the MSHCP.
Section 2. That in accordance with the MSHCP, the Council makes the following findings for
MSHCP consistency:
CC Reso No. 2018 -127
Page 2 of 4
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 includes a specific plan and related general plan amendment and zone
change that require a number of discretionary approvals from 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 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 project is located within the MSHCP Elsinore Area Plan The only portion of the project
area located within an MSHCP Criteria Cell area is approximately 10.4 acres of the Downtown
Recreational land use designation located in the northeast quarter of Criteria Cell 4759.
However, the proposed project does not include any discretionary development project and
the Downtown Recreational land use designation for the 10.4 acres remains unchanged from
the land use designations of the previously adopted 2011 Downtown Master Plan. A formal
LEAP submittal for each future implementing development project within Criteria Cell 4759
will be necessary prior to project entitlement. However, the Project is still required to
demonstrate compliance with "Other Plan Requirements." The Project is in compliance as
described further below.
2. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines.
There are some riparian /riverine areas as defined under MSHCP within the Project site. A
focused delineation for each future implementing development project within these areas will
be necessary prior to project entitlement. In compliance with the MSHCP, a Determination of
Biologically Equivalent or Superior Preservation (DBESP) would be prepared to address
proper mitigation to ensure the replacement of any lost functions and values for any on -site
riparian areas and discovered vernal pools lost due to future implementing development
projects. The mitigation may include enhancement of existing riparian areas and /or creation
of new riparian areas.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species (NEPS)
Guidelines.
Part of the southern portion of the Project site falls within the Narrow Endemic Plant Species
Survey Area. As Downtown Elsinore Specific Plan implementing development projects within
the NEPS Survey Area move forward, they will be required to survey for NEPS and identify
mitigation in the conservation areas or other appropriate open space areas for any species
impacted.
5. The Project is consistent with the Additional Survey Needs and Procedures.
CC Reso No. 2018 -127
Page 3 of 4
The MSHCP only requires additional surveys for certain species if the Project is located in
Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey
Areas, and Mammal Species Survey Areas of the MSHCP. Part of the southern portion of the
Project site is located within the Criteria Area Species Survey Area and /or within the Burrowing
Owl Survey Area. DESP implementing development projects that are located within these
survey areas will be required to survey for Criteria Area Species and /or Burrowing Owl and
identify mitigation in the conservation areas or other appropriate open space areas for any
impacted species.
6. The 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. Indirect
impacts to conservation area are related to the following issues: Drainage, Toxics, Lighting,
Noise, Invasive species, Barriers, and Grading /Land Development. As required by the
MSHCP, DESP implementing development projects that are located within proximity to
conservation areas shall be required to comply with the MSHCP urban interface requirements
detailed in Section 6.1.4 Guidelines Pertaining to the Urban/Wildlands Interface.
7. The Project is consistent with the Vegetation Mapping requirements.
A review of County of Riverside and Western Riverside County Regional Conservation
Authority vegetation mapping data was conducted for the entire Project Site and which
demonstrates that the Project is consistent with the MSHCP Section 6.3.1 Vegetation
Mapping requirements.
8. The 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 any Downtown Elsinore
Specific Plan implementing development project that is within or adjacent to a conservation
area. As such, the Project is consistent with the Fuels Management Guidelines.
9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee.
As a Condition of Approval, implementing development projects within the Project boundaries
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.
The Project is consistent with all applicable provisions of the MSHCP.
Section 3. Based upon all of the evidence presented, the above findings, the Council finds that
the Project is consistent with the MSHCP.
Section 4. This Resolution shall take effect immediately upon its adoption.
CC Reso No. 2018 -127
Page 4 of 4
Passed and Adopted on this 25th day of September 2018.
Attest:
c' — fl L. ! ) �' (
.x--
Susan - M. Domen, MMC
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. 2018 -127 was adopted by City Council of the City of Lake Elsinore, California,
at the Regular meeting of 25th day of September 2018, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tern Manos and Mayor Johnson
NOES: None
ABSENT: None - -.
ABSTAIN: None
Susan M. Domen, MMC
City Clerk