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HomeMy WebLinkAboutCC Reso No 2007-071RESOLUTION NO. 2007-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS MAKENNA COURT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Georgia Hamilton of Corman Leigh Communities has filed an application with the City of Lake Elsinare requesting approval of Residential Design Review No. 2006-11 for eighty-one (81) single family detached residential units and a Model Home Complex lrnown as Makenna Court (the "Project"); and WHEREAS, the Project Site is bounded by Machado Street on the southeast, Terra Cotta Road on the northwest, with Zieglinde Drive to the southwest and Broadway Street to the northeast (APN 379-150-002 &002, and 041 thru 044) (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, on April 17, 2007, the Plauning Commission conducted a public hearing on the Project and recommended Findings of Consistency with MSHCP to the City Council; and WIIEREAS, public notice of the Project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on May 8, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CITY COLTNCIL RESOLUTION NO. 2007-71 PAGE 2 OF 5 SECTION 1. The City Council has considered the Project and its consistency with the MSHCP "Plan Wide Requirements" priar to adopting Findings of Consistency. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings regarding consistency of the Project with the MSHCP "Plan Wide Requirements": 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approval. Because ti~e Project Site is not located within an MSHCP Critena Cell, the Project is required to be reviewed for consistency with the following MSHCP `Plan Wide Requirements ": Section 61.2 Protection of Riparian/Riverine Areas and Vernal Pools, Section 6.1.3 Protection of Narrow Endemic Plant Species, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Tregetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management, and Section 4.0 payment of the MSHCP Local Development Mitigation Fee. 2. The Project is subject to the Ciry's Lake Elsinore Acquisition Project (LEAP) and the County's Joint Project Review processes. As stated above, the Project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Verna1 Pools Guidelines. Pursuant to Mitigated Negative Declaration No. 2005-OS for the underlying Tentative Tract Map No. 33486, "the Project Site is not located within any sensitive natural community identified in Zocal or regional plans and will not affect any riparian habitat or other sensitive natural communities. Additionally, the Project is considered to be an "in-fill " development with urban uses surrounding the site, making the likelihood of the Project Site being biologically significant unlikely. " There are no Vernal Pools on the Project Site. The Project is therefore consistent with the Riparian/Riverine CITY COUNCIL RESOLUTION NO. 2007-71 PAGE 3 OF 5 Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No furtheY action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Urbai~/Wildlands Interface Guidelines. The Project is surrounded by existing urban uses (single family residential development). Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources ezisting on the Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The Proj ect is consistent with the Additional Survey Needs and Procedures. Pursuant to the findings of Mitigated Negative Declaration No. 2005-05, "the Project Site is not located within an area requiring surveys for burrowing owl, sensitive amphibian species, sensitive mammal species, narrow endemic plant species, or any other sensitive species covered under the MSHCP. Additionally, the proposed Project Site does not contain any special interest species that are not covered under the MSHCP that would be expected to pose a constraint to the development of the proposed project site. " However, because suitable habitat for the burrowing owl, raptors and other birds were present, the following mitigation measures were conditions prior to site grading: CITY COiTNCIL RESOLUTION NO. 2007-71 PAGE 4 OF 5 a) Prior to site grading, a presence/absence focused survey for the burrowing owl following MSHCP survey guidelines shall be conducted on the project site by a qualified biologist. If site clearing and grading activities occur within the nesting peYiod (March I S through September I S), a certified biologist shall conduct a nesting bird survey prior to any ground-disturbing activities. All site clearing and grading shall conform to applicable provisions of the Migratory Bird Treaty Act; b) Prior to the issuance of grading permits, the project applicant shall pay all applicable MSHCP and Stephens' Kangaroo Rat HCP mitigation fees. These conditions adequately account for any potential suitable habitat for burrowing owl on that may exist on-site. Therefore, the Project is consistent with this section of the MSHCP, and no further actions above the pre- grading/pre-construction surveys are required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by urban development, specifically single family residential development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The Project 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 all of the evidence presented, the- above findings, and the conditions of approval imposed upon the Project, the City Council finds that the Project is consistent with the MSHCP. CITY COUNCIL RESOLUTION NO. 2007-71 PAGE 5 OF 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 8th day of May, 2007, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSENT ABSTAIN: COLJNCILMEMBERS: NONE / ~~ i ~ Robert E. Ma City of Lake ATTEST: ~, La~~ p ~,~ ~ ~ Michelle Soto, Interim City Clerk City of Lake Elsinore City Attorney City of Lake Elsinore