HomeMy WebLinkAboutResolution 2021-16 TTM 33725 Revision 1 MSHCP ConsistentRESOLUTION NO. 2021-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORINA, ADOPT FINDINGS THAT
TENTATIVE TRACT MAP NO. 33725, REVISION NO. 1 IS CONSISTENT WITH
THE WESTERN RIVERSIDE COUNTY MUPTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
Whereas, Dan Bott, SPT-AREP III, Tuscany Associates, has filed an application with the
City of Lake Elsinore (City) requesting approval of Revision No. 1 to Tentative Tract Map (TTM)
No. 33725 proposing to revise the previously approved tentative map to include the construction
of a sewer lift station on Lot 205 and offsite sewer line extension, construction of a water pipeline
extension along Greenwald Avenue, and revise the intersection of the proposed D Street and
Little Valley Road and the intersection of Little Valley Road and Greenwald Avenue. To
accommodate the new roadway alignment, the residential lots in the subdivision have been
reconfigured, and the overall total was reduced to 204 lots. TTM 33725, Revision No. 1 will now
reflect a subdivision of 52.7 acres into 204 single family residential lots, three (3) water quality
basins, 15 open space lots, and one (1) sewer lift station. The Project is located west of Greenwald
Avenue and south of Little Valley Road within Ramsgate Specific Plan (APNs: 349-240-006, 043
thru 047, 054, 055, 056, 349-380-024 and 025); and,
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP)
requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore
Acquisition Process (LEAP) and the Joint Project Review (JPR) 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, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative
Map) the Planning Commission (Commission) has been delegated with the responsibility of
making recommendations to the City Council (Council) pertaining to revisions to the tentative
map; and,
Whereas, on April 20, 2021, at a duly noticed Public Hearing the Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Commission has considered the Project and its consistency with the
MSHCP prior to recommending that the Council adopt Findings of Consistency with the MSHCP.
Section 2: That in accordance with the MSHCP, the Commission 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
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MSHCP Consistency finding before approval.
Pursuant to the City’s MSHCP Resolution, the project has 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),
Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface
Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels
Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development
Mitigation Fee (MSHCP Ordinance, § 4).
2. The Project is subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) Joint Project Review processes.
TTM 33725 is located in Independent Cell Group Criteria Cells 4174 and 4176). Therefore, a
formal and complete LEAP application, LEAP 2006-04 was submitted to the City in June, 2006
and the RCA process has been completed.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
No vernal pools exist on the site; therefore, vernal pool species are not expected to occur.
Section 6.1. 2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool
habitat types based on their value in the conservation of a number of MSHCP-covered
species, none of which has any potential to occur on the project site. Impacts to riparian
habitats on the map site include the 0.22 acres of herbaceous wetland. Remaining impacts to
riparian/riverine resources are limited to non-wetland waters of the U.S. Impacts to the small
riparian area and unvegetated drainages will be mitigated through acquisition of credits from
the Riverside-Corona Resource Conservation District Mitigation Bank, which provides
significant enhancement to riparian habitat along the Santa Ana River through removal of
giant reed (Arundo donax). A number of the species targeted for conservation through
consistency with Section 6.1. 2 occur within bank boundaries, and the bank is within the
MSHCP Conservation Area boundaries. Further jurisdictional analysis conducted by HELIX
Environmental dated February 2018 and CDFW dated January 2019 included analysis on the
impacts associated with the proposed project modifications. The proposed sewer lift station
and internal circulation reconfigurations would occur within the original construction footprint
that was previously evaluated for consistency with MSHCP. Potential impacts to riparian and
riverine resources associated with the offsite sewer line extension would be avoided by Jack
and Bore methods underneath Wasson Creek.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow
endemic species, and no NEPSSA surveys are required. Additionally, no NEPSSA species
were observed during focused biological surveys conducted on the project site. The proposed
project is therefore consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
5. The 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 Species Survey Areas, Amphibian Species Survey Areas with Critical Area, Burrowing
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Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas
of the MSHCP. The project site is located outside of any Critical Area Species Survey Area
(CASSA) for plants and mammals and no CASSA plant species were observed during the
focused surveys for the site. However, the project site is located within the area requiring
burrowing owl surveys. A focused burrowing owl survey was conducted on the site during the
2006 breeding season (March 1 - August 31), in accordance with accepted guidelines. The
focused survey determined that although the site contains 35 acres of low to moderate
potential owl habitat, no burrowing owls were observed on the property and the few burrows
with potential to support owls showed no sign of owl occupation. Therefore, the subject project
is consistent with the Additional Survey Needs and Procedures of the MSHCP.
6.The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1. 4 of the MSHCP set forth guidelines which are intended to address indirect effects
associated with locating development in proximity to the MSHCP Conservation Area, where
applicable. Future Development in proximity to the MSHCP Conservation Area may result in
Edge Effects that will adversely affect biological resources within the MSHCP Conservation
Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with
review of individual public and private Development projects in proximity to the MSHCP
Conservation Area. Through implementation of mitigation measures the project will minimize
the identified potential indirect impacts with potential future open space to the south.
7.The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.
As a condition of approval, the Project will be required to pay the City’s MSHCP Local
Development Mitigation Fee at the time of issuance of building permits.
8. The Project is consistent with the MSHCP.
The project is consistent with the MSHCP and meets the biological issues and considerations
of the MSHCP.
Section 3: Based upon the evidence presented, both written and testimonial, and
the above findings, the Commission hereby recommends that the Council find that the
Project is consistent with the MSHCP.
Section 4: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted Passed and Adopted at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, this 20th day of April 2021.
Rendell Klaarenbeek
Chair
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Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021-16 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on April 20, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, Peters, and Dobler; Vice Chair Gray; and Chair Klaarenbeek
NOES: None
ABSENT: None
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
For:
For:
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