HomeMy WebLinkAboutCC Reso No 2007-146RESOLUTION NO. 2007-146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE
RAMSGATE APPLICATIONS ARE CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, the Shopoff Group has submitted applications for Annexation
No. 79, General Plan Amendment No. 2007-01, Pre-Annexation Zone Change No.
2007-01, Ramsgate Specific Plan No. 89-1 Sixth Revision, Tentative Tract Map
No. 32537 and Tentative Tract Map No. 35422 ("Ramsgate Applications"), to
entitle property located approximately one mile east of Interstate 15, south of
Highway 74, and west of Greenwald Avenue (the "Property"); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land covered by an MSHCP criteria cell and which require
discretionary approval by the legislative body undergo the Lake Elsinore
Acquisirion Process ("LEAP") and a Joint Project Review ("JPR") between the
City and the Regional Conservation Authority ("RCA") prior to public review of
the project applications; and
WHEREAS, Section 6.0 of the MSHCP further requires that development
projects not within an MSHCP criteria cell must be analyzed pursuant to the
MSHCP "Plan Wide Requirements"; and .
WHEREAS, the Ramsgate Applications are discretionary in nature and
require review and approval by the legislative body; and
WHEREAS, the Ramsgate Applications are within the Elsinare Plan Area
of the MSHCP, but are not within an MSHCP Criteria Cell, Core or Linkage; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt
consistency findings prior to approving any discretionary project entitlements for
development of property that is subject to the MSHCP; and
WHEREAS, after considering the Ramsgate Applications at a regular
meeting held on July 17, 2007, the Planning Commission of the City of Lake
Elsinore recommended that the City Council find that the Ramsgate Applications
are consistent with the MSHCP; and
CITY COiJNCIL RESOLUTION NO. 2007-146
PAGE 2 OF 6
WHEREAS, public norice of the Ramsgate Applications has been given,
and the City Council has considered the Planning Commissions recommendation
and evidence presented by the Community Development Department and other
interested parties at a public hearing held with respect to this item on August 14,
2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION l. The City Council has considered the Ramsgate Applications
and their consistency with the MSHCP prior to making a decision to find the
Ramsgate Applications consistent with the MSHCP.
SECTION 2. That in accordance with the MSHCP; the City Council makes
the following findings:
l. The proposed project is a project under the City's MSHCP Resolution, and
the City must make an MSHCP Consistency finding before approval.
The Ramsgate Applications include two (2) tentative tract maps and a host
of related discretionary requests, including CEQA review.
Pursuant to the City's MSHCP Resolution, the Ramsgate Applications have
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), Urban/Wildlands Interface Guidelines (MSHCP, § 61.4), Vegetation
Mapping (MSHCP, ,~ 6.3.1) requirements, Additional Survey Needs and
Procedures (MSHCP, ~ 6.3.2), Fuels Management Guidelines (MSHCP, ,~
6.4), and payment of the MSHCP Local Development Mitigation Fee
(MSHCP Ordinance, ~ 4).
2. The proposed project is subject to the City's LEAP and the County's Joint
Project Review processes.
The Property is within the MSHCP Elsinore Area Plan but is not located in
a Criteria Cell, Core or Linkage. Therefore, a formal LEAP application
was not required by the City.
CITY COUNCIL RESOLUTION NO. 2007-146
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3. The proposed project is consistent with the Riparian/Riverine Areas and
Vernal Pools Guidelines.
The disturbed wetland onsite is considered riparian/riverine, although none
of the riparian/riverine covered species have any potential to occur onsite.
Seasonal ponds occur onsite, some of which possess indicators of all three
wetland parameters (soils, vegetation and hydrology). Wet season surveys
for sensitive fairy shrimp were negative.
A Determination of Biologically Equivalent or Superior Preservation
(DBESP) analysis report was prepared to address impacts to disturbed
wetland, which describes why avoidance of seasonal disturbed wetland is
not feasible or preferable, quantifies unavoidable impacts, describes
features and measures to reduce indirect effects, and makes findings that
demonstrate that the project would be biologically equivalent or superior to
an avoidance alternative.
Because the disturbed wetland onsite is of low quality, preservation of the
disturbed wetland is not considered feasible or desirable. In order to avoid
the disturbed wetland onsite, a minimum of ten percent (10%) of the housing
units would need to be eliminated. The resulting preservation would leave
small, isolated disturbed wetland areas surrounded by housing development
that drain into existing residential development areas. 772e alternative is not
considered feasible because a viable reserve cannot be reasonably
implemented at this location, and superior mitigation options are available
offsite that would provide for better long-term consef-vation of the resources
being impacted onsite.
Mitigation for impacts would include acquisition of 0.54 acre for restoration
on property known as the "Cloverleaf" in the southern end of Lake Elsinore,
or other offsite mitigation parcels acceptable to the City and resource
agencies. The riparian habitat restored within the "Cloverleaf" site will be
of a much higher quality than the disturbed wetland habitat being impacted,
and will contribute to long-term MSHCP conservation goals. The offsite
acquisition meets the definition of a Biologically Equivalent Preservation
Alternative consistent with Section 6.1.2.
CITY COUNCIL RESOLUTION NO. 2007-146
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4. The proposed project is consistent with the Protection of Narrow Endemic
Plant Species Guidelines.
The Property not located within the NEPSSA as shown on Figure 6-1 of the
MSHCP and therefore the Ramsgate Applications are consistent with
MSHCP Section 6.1.3.
5. The proposed project is consistent with the Urban/Wildlands Interface
Guidelines.
Section 6.1.4 of the MSHCP sets forth guidelines which are intended to
address indirect effects associated with locating development in proximity to
the MSHCP Conservation Area, where applicable. To minimize Edge
Effects, guidelines shall be implemented in conjunction with review of
individual public and private development projects in proximity to the
MSHCP Conservation Area. The Property is not located adjacent to
conserved land or other applicable open space and therefore, an assessment
of indirect impacts associated with the Urban/Wildlands Interf'ace is not
required.
6. The proposed project is consistent with the Vegetation Mapping
requirements.
The Ramsgate Applications were subject to the Protection of Species
Associated with Riparian/Riverine and Vernal Pool policies, and as such,
any related resources were mapped as part of the Determination of
Biological Equivalent or Superior Preservation submittal. No other
circumstances for which vegetation is required were applicable. The
Ramsgate Applications are consistent with MSHCP Section 6.3.1.
7. The proposed project is consistent with the Additional Survey Needs and
Procedures.
The Property is outside of any Criteria Area Species Survey Area for plants,
amphibians and mammals, and no Criteria Area Species Survey Area plant
species were observed during site surveys. The Property occurs within the
burrowing owl survey area. No owls were observed durtng surveys onsite.
Therefore, the Ramsgate Applications are consistent with MSHCP Section
6.3.2.
CITY COUNCIL RESOLUTION NO. 2007-146
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8. The proposed project is consistent with the Fuels Management Guidelines.
The Property is not located adjacent to conserved Zand or other applicable
open space and therefore, any further action related to Fuels Management is
not applicable.
9. The proposed project will/will not be conditioned to pay the City's MSHCP
Local Development Mitigation Fee.
The applicant will be conditioned to pay the City's MSHCP Local
Development Mitigation Fees.
lO.The proposed project overall is consistent with the MSHCP.
The Ramsgate Applications are consistent with the MSHCP and provide
effective mitigation measures for conservation to meet the biological issues
and considerations of the MSHCP.
SECTION 3. Based upon all of the evidence presented, both written and
testimonial, the above findings, and the conditions of approval imposed upon each
of the Ramsgate Applications, the City Council hereby finds the Ramsgate
Applications 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 this 14`h day of August, 2007, by
the following vote:
AYES: COiJNCILMEMBERS: su~kley, xickman, xelley
Schiffner., Magee
NOES: COUNCILMEMBERS: None
ABSENT: COLJNCILMEMBERS: None
ABSTAIN:
CITY COUNCIL RESOLUTION NO. 2007-146
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ATTEST:
~ ~,~~~.~.~ ',~ ~~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
AP OVED A, TO F
l
bara Zeid eibo d, City Attorney
City of Lake Elsinore