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Home My WebLink About2021-068 TTM No. 33725 Revision No. 1 Consistent with the MSHCPRESOLUTION NO. 2021-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT TENTATIVE TRACT MAP NO. 33725, REVISION NO. 1 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Dan Bott, SPT-AREP III, Tuscany Associates, has filed an application with the City of Lake Elsinore (City) requesting approval of Revision No. 1 to Tentative Tract Map (TTM) No. 33725 proposing to revise the previously approved tentative map to include the construction of a sewer lift station on Lot 205 and offsite sewer line extension, construction of a water pipeline extension along Greenwald Avenue, and revise the intersection of the proposed D Street and Little Valley Road and the intersection of Little Valley Road and Greenwald Avenue. To accommodate the new roadway alignment, the residential lots in the subdivision have been reconfigured, and the overall total was reduced to 204 lots. TTM 33725, Revision No. 1 will now reflect a subdivision of 52.7 acres into 204 single family residential lots, three (3) water quality basins, 15 open space lots, and one (1) sewer lift station. The Project is located west of Greenwald Avenue and south of Little Valley Road within Ramsgate Specific Plan (APNs: 349-240-006, 043 thru 047, 054, 055, 056, 349-380-024 and 025); and, WHEREAS, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) 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 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to revisions to the tentative map; and, WHEREAS, on April 20, 2021, 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, on May 25, 2021 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: DocuSign Envelope ID: AC5CAA60-4893-4DEA-A90B-6B389D52EF4F CC Reso. No. 2021-68 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. 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, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 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 in Independent Cell Group Criteria Cells 4174 and 4176. A formal and complete LEAP application, LEAP 2006-04 was submitted to the City in June 2006 and the JPR process with RCA has been completed. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site; therefore, vernal pool species are not expected to occur. Section 6.1. 2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP-covered species, none of which has any potential to occur on the project site. Impacts to riparian habitats on the map site include the 0.22 acres of herbaceous wetland. Remaining impacts to riparian/riverine resources are limited to non-wetland waters of the U.S. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside-Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through consistency with Section 6.1. 2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. Further jurisdictional analysis conducted (HELIX Environmental dated February 2018 and CDFW on January 2019) that included impacts associated with the proposed project modifications. The proposed sewer lift station and internal circulation reconfigurations would occur within the original construction footprint that was previously evaluated for consistency with MSHCP. Potential impacts to riparian and riverine resources associated with the offsite sewer line extension would be avoided by Jack and Bore methods underneath Wasson Creek. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow endemic species, and no NEPSSA surveys are required. Additionally, no NEPSSA species were observed during focused biological surveys conducted on the project site. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The 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 DocuSign Envelope ID: AC5CAA60-4893-4DEA-A90B-6B389D52EF4F CC Reso. No. 2021-68 Page 3 of 4 Area Species Survey Areas, Amphibian Species Survey Areas 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 Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the project site is located within the area requiring burrowing owl surveys. A focused burrowing owl survey was conducted on the site during the 2006 breeding season (March 1 - August 31), in accordance with accepted guidelines. The focused survey determined that although the site contains 35 acres of low to moderate potential owl habitat, no burrowing owls were observed on the property and the few burrows with potential to support owls showed no sign of owl occupation. Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1. 4 of the MSHCP set 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 to the south. 7. 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. 8. The Project is consistent with the MSHCP. The project is consistent with the MSHCP and meets the biological issues and considerations of the MSHCP. SECTION 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the project is consistent with the MSHCP. SECTION 4: This Resolution shall take effect immediately upon its adoption. SECTION 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of May 2021. Robert E. Magee Mayor DocuSign Envelope ID: AC5CAA60-4893-4DEA-A90B-6B389D52EF4F CC Reso. No. 2021-68 Page 4 of 4 Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2021-68 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 25, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: AC5CAA60-4893-4DEA-A90B-6B389D52EF4F