Loading...
HomeMy WebLinkAboutCC Reso No 2008-028RESOLUTION NO. 2008- 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA; ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005-06, Specific Plan No. 2005-02, and Zone Change No. 2005-07 for the project identified as the Spyglass Ranch Specific Plan (the "ProjecY'); and WHEREAS, the 259.6-acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the findings that the project is consistent with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the City Council with regard to general plan amendment, specific plan, and zone change are discretionary actions subject to the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), a draft environmental impact report was prepared for the project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations; and WHEREAS, public notice of the Entitlements has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the ProjecYs consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discrefionary 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 consisfent with the following "Plan Wide Requiremenfs"• Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Profection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Addifional Survey Needs and Procedures (MSHCP § 6.3.2), Fue/s Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, and according to MSHCP maps, was shown to be within a Criteria Cell. LEAP No. 2006-03 was processed, but it was ultimately agreed upon by City staff and the Regional Conservation Authority that a mapping error had occurred and that this Project is NOT within a Criteria Cell. As such, LEAP 2006-03 was withdrawn from the Joint Project Review process. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 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 Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. 2 The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not locafed in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. Therefore, the provisions of Section 6.1.3 are not applicable to the Project. Procedures. 5. The Project is consistent with the Additional Survey Needs and The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Surveys were conducted on the entire Project Site, and the results indicated that no Burrowing Owls occupied the Project Site. However, the Project will be required to conduct a pre-construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within a MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, 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 MSMCP are infended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Projecf is consistenf 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, fhe Project will be required to pay the City's MSHCP 3 Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby adopt findings that the Project is consistent with the MSHCP. Section 4. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 26th day of February 2008. HICKMAN, MAYOR CITY OF LAKE ELSINORE A VIVIAN M. MUNSON CITY CLERK AP ROVED T F . ARBAR EID LEIBOLD CITY ATTORNEY 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-28 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of February 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None V~-~ VIVIAN M. MUNSON CITY CLERK 5