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HomeMy WebLinkAboutCC Reso No 2007-005RESOLUTION NO. 2007-OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS ESTATES IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesring approval of General Plan Amendment No. 2006-04, Specific Plan No. 2006-01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project"); and WHEREAS, the 246.4-acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the narth, Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site"). Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road; 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 Planning Comxnission and City Council with regard to general plan amendment, specific plan, and tentative tract map applications are discretionary actions subject to the MSHCP; and WHEREAS, on January 16, 2007, the Planning Commission considered the Project's consistency with the MSHCP and recommends that the City Council of the City of Lake Elsinore find the Project consistent; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties, and the EIR, including that provided at a public hearing held with respect to this item on January 23, 2007. CITY COLTNCIL RESOLUTION NO. 2007-05 PAGE 2 OF 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERNIINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project's 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 discretionary 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 consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP ~ 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP ~ 61.4), Vegetation Mapping (MSHCP ~ 6.3.1), Additional Survey Needs and Procedures (MSHCP ~ 6.3.2), Fuels Management (MSHCP ~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance ~ 4.0). 2. The Project is not 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, but the site is not within a Criteria Cell. A LEAP was processed, but because the Project Site is not within a Criteria Cell, the Project is not subject to LEAP, and a Joint Project Review with the Western Riverside County Regional Conservation Authority ("RCA") was not required. CITY COUNCIL RESOLUTION NO. 2007-05 PAGE 3 OF 5 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) and required by Mitigation Measure No. MM 3.8-4. The Project Site does not have vernal pools, and no sensitive species listed in Section 6.1.2 of the MSHCP are expected to occur within the Project Site due to the lack of suitable riparian vegetation and habitat, and the negative results of focused surveys. 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 located 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. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl sur°vey area as identified in Section 6.3.2 (Additional Survey Need and Procedures) of the MSHCP. Five surveys were conducted on the entire site. The results of the surveys 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 (Condition of Approval 28). 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. However, Cell 4951 is south of the Project Site. A number of Project design features described in Section 3.8.3 of the EIR have been included to address edge effects beyond the limits of grading at the urban/wildlands interface that are consistent with the guidelines of Section 6.1.4 of the MSHCP. In addition, the Project will avoid 126 acres of open CITY COUNCIL RESOLUTION NO. 2007-OS PAGE 4 OF 5 space and include an additional 23.9 acres of open space, and a conservation easement or deed restriction will be placed over the Cottonwood Canyon Creek mitigation area in the northeastern corner of the Project Site. Therefore, 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. Additionally, the site is not within the Narrow Endemic Plant Species Survey Area; therefore, no Narrow Endemic Plant surveys were required. However, plant communities were mapped and sensitive plant species not adequately conserved or covered by the MSHCP were surveyed. These species include: Parry's spineflower, Plummer's mariposa lily, chaparral sand verbena, and Coulter's matilija poppy. Surveys and mapping were conducted pursuant to MSHCP requirements. Of these species, only the Parry's spineflower was observed within the study area. Of the 18,000 Parry's spineflower plants estimated to occur within the study area, approximately one percent would be impacted by the Project, and impacts to this species are considered less than significant. For the foregoing reasons, the Project is consistent with the MSHCP Vegetation Mapping requirements (Section 6.3.1). 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. The Project Site is not in a Criteria Cell and is therefore not in an MSHCP Conservation Area. Criteria Cell 4951 is south of the Project Site, but the proposed fuels management as part of the Project do not encroach into Cell 4951. Therefore 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 (No. 25), the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permats. CITY COUNCIL RESOLUTION NO. 2007-OS PAGE 5 OF 5 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Pursuant to the above findings, the City Council hereby approves the MSHCP consistency deternunation. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: AT + T: ~ , Frederick Ray, CMC, Ci Clerk City Attorney NONE NONE City of LaK% Elsinore