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HomeMy WebLinkAbout2022-017 Murrieta Creek Multi-Use Trail Project - MSHCPRESOLUTION NO. 2022-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, FINDING THAT THE MURRIETA CREEK MULTI-USE TRAIL PROJECT IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN Whereas, the City of Lake Elsinore (City) is proposing to construct a new multi-use trail located in the southwest area of the City between the Lake Levee Trail and Palomar Trail; 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 February 8, 2022, 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 multi-use trail in the southwest region of the City, 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. These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plan 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 Trails and Facilities (MSHCP, Section 7.4.2), and Construction Guidelines (MSHCP, Section 7.5.3). 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 in the Lake Elsinore Back Basin and Elsinore Plan Area, specifically within Criteria Cells 5033, 5137, 5140, and 5240. An application for a JPR was submitted and DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-17 Page 2 of 4 the Western Riverside County Regional Conservation Authority (RCA) on October 25, 2021, concluded the review with no comments. 3. The proposed Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project area was assessed for resources including riparian/riverine, vernal pools (including fairy shrimp), and riparian birds. Direct impacts to riparian/riverine areas have been minimized through iterations of project design. Indirect impacts to riparian/riverine areas will be avoided through the implementation of BMPs and other standard construction practices. Vernal pools have been mapped throughout the Back Basin as part of a separate larger survey effort by others in coordination with the City and the mapping was confirmed during wet season completed by Helix over 2020/2021 wet season. The project has been specifically sited and designed to avoid all impacts to vernal pools (including fairy shrimp) and their contributing watershed areas. Direct impacts to suitable habitat for riparian birds, including least Bell’s vireo are largely avoided; however, unavoidable impacts to 0.05 acre (0.01 acre permanent and 0.04 acre temporary) would occur during project construction. As determined, for permanent impacts, the project would mitigate for permanent impacts to habitat below the 1,265-foot elevation limit, including riparian/riverine and like-functioning grassland habitat, totaling 3.67 acres, through one or a combination of the purchase of off-site re-establishment and/or rehabilitation credits to include at least 1.81 acres of re-establishment credits; and/or preservation of land in perpetuity within the Lake Elsinore Back Basin or alternative location approved by the RCA and Wildlife Agencies. For temporary impacts, the project shall restore and revegetate temporary impacted areas to conditions that are equivalent or superior to pre- activity conditions resulting in a functional uplift. Lastly, for Least Bell’s Vireo avoidance, construction activities within 500 feet of least Bell’s vireo occupied habitat shall be completed outside the vireo breeding season (March 15 to September 15). If construction cannot avoid breeding season, no loud construction noise (exceeding an hourly average of 60 dBA, or 3 dBA above hourly average ambient noise levels at the nesting site, whichever is higher) may take place within 500 feet of active nesting sites during vireo breeding season. Noise levels may be mitigated with a noise control barrier and a qualified biologist shall monitor construction operations. 4. The proposed Project is consistent with the Protection of NEPS Guidelines. The project is located within a Narrow Endemic Plant Species Survey Area. The Project’s Consultants conducted rare plant surveys in April, May, and June 2020, and May 2021, timed to occur during the flowering period of the target species as required per MSHCP Table 6. All of these species are considered absent from the study area due to the disturbed nature of the area, lake of suitable soils, and lack of suitable vegetation associations. 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 Plan Species Survey, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The study area falls within the criteria area plant species and, as currently designed, the trail is anticipated to result in permanent loss of 50 individuals of smooth tarplant. The impact is DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-17 Page 3 of 4 less than 5% of the on-site population, with greater than 95% of the on-site population being avoided. Project impacts of less than 5% of the on-site population that is growing within a fuel modification zone would be considered less than significant. Temporary impacts would be revegetated using native seed mix. The proposed project falls within the Burrowing Owl Survey Area. The habitat assessment was completed in April 2020 and also surveyed from May through August 2020. No impacts on burrowing owl are expected and the project will be required to implement standard 30-day pre-construction surveys prior to ground disturbance. The study area is not located within an Amphibian Species Survey Area and Mammal Species Survey Area. 6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines. The MSHCP Urban/Wildlands 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 MSHCP Guidelines for the Siting and Design of Trails and Facilities The covered public access uses within MSHCP Conservation Areas include trails, facilities, and passive recreational activities. The proposed trail is an adopted planned regional trail. Implementation of these guidelines are required to avoid and minimize impacts from the placement and design of trails on the MSHCP Conservation Area’s natural resources. The City has documented how the project will adhere to these guidelines. 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 trail. The City has documented the project’s commitment to implementation of the Construction Guidelines and Best Management Practices. 9. 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. DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-17 Page 4 of 4 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of February 2022. Timothy J. Sheridan Mayor 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. 2022-17 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 8, 2022 and that the same was adopted by the following vote: AYES: Council Members Tisdale and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: Council Member Magee Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940