HomeMy WebLinkAboutResolution 2020-28 PA 2018-95 (TTM 36686 Modification VTTM 35001 & ET 2016-00) MSHCP Consistent
RESOLUTION NO. 2020- 28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PA 2018-95 (TTM 36636,
Modification to VTTM 35001 AND ET 2016-09 (EXTENSION OF TIME FOR VTTM
35001)) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Castle and Cooke, Lake Elsinore West, Inc., has submitted applications for
Tentative Tract Map 36636, a subdivision of land that would create six (6) lots for the purposes of
finance and conveyance, modifications to VTTM 35001 and an extension of time request for VTTM
35001. The project site is located at the southeasterly corner of Interstate 15 and Lake Street.
(APNs: 389-020-062, 064, 389-080-055, 056, 390-130-026, 028, 390-160-003, 006, 390-190014,
015, 017, 018, 390-200-008, 010, and 390-210-021); and,
Whereas, On February 10, 2004, the County of Riverside and Tri-Valley I (“Tri-Valley”)
entered into an agreement (the “MOU”) whereby approximately 598 acres of land within the
Alberhill Ranch Specific Plan was sold to the County for open space conservation and mitigation
purposes. Contained within the Acquisition Agreement and two accompanying Memoranda of
Understanding (collectively known as the “Tri-Valley Agreements”), the County and Tri-Valley were
found to be in compliance with all MSHCP requirements, including biological surveys and
agreements to pay MSHCP mitigation fees; 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 tentative maps; and,
Whereas, on March 17, 2020, 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:
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1. The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
The Property is located within an MSHCP criteria cell. 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.
The project site is within the MSHCP Lake Elsinore Area Plan. The proposed project site lies
within Criteria Cells #3855 (120.46 acres), #3957 (116.4 acres), #3954 (91.54 acres), #3853
(27.8 acres), #4057 (14.41 acres), #3854 (14.23 acres), #4056 (5.73 acres), and #3953 (.01
acre). The site is also located in Cell Groups U’, V’, T’, with certain other parcels located
independent of any Cell Group.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
Pursuant to the adopted MOU, no further 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 within Area 1 for narrow endemic plant species, which requires surveys for
Munz's onion, San Diego Ambrosia, Slender-Horned Spineflower, Many-stemmed dudleya,
Spreading navarretia, California Orcutt grass, San Miguel savory, Hammitt's clay-cress,
Wright's trichocoronis. Surveys were conducted in connection with the Tri-Valley Agreements
when the County of Riverside acquired the +/- 598 acres adjacent to VTTM 35001. The
conservation of +/- 598 acres provides full mitigation for the proposed project, and therefore
no further surveys are required in connection with VTTM 35001.
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 certain
locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3
(Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey
Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas with Criteria Area).
The project is in Criteria Area Species Survey Area 1 which requires surveys for round- leaved
filaree (Erodium macrophyllum), smooth tarplant (Centromadia pungens ssp. Laevis), little
mousetail (Myosurus minimus), and burrowing owl (Athene cunicularia hypugaea). Surveys
were conducted in connection with the Tri-Valley Agreements when the County of Riverside
acquired the +/- 598 acres adjacent to VTTM 35001. The conservation of +/- 598 acres
provides full mitigation for the proposed project, and therefore no further surveys are required
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in connection with VTTM 35001 prior to approval of a development proposal. 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 sets forth guidelines which are intended to address indirect
effects associated with locating development in proximity to the MSHCP Conservation Area,
where applicable. Pursuant to the adopted MOU, any potential urban/wildlands interface
impacts associated with the subject property will be mitigated due to the conservation of
approximately 598 acres of land adjacent to the project property that was sold to the County
of Riverside for conservation purposes.
7. The Project is consistent with the Vegetation Mapping requirements.
Pursuant to the adopted MOU, no further action regarding this section of the MSHCP is
required.
8. The Project is consistent with the Fuels Management Guidelines.
The MSHCP acknowledges that brush management to reduce fuel loads and protect urban
uses and public health/safety shall occur where development is adjacent to conservation
areas. The property is adjacent to an MSHCP Conservation Area. One of the scenarios in the
Fuels Management Guidelines is that any new development planned adjacent to a MSHCP
conservation area or other undeveloped area shall incorporate brush management guidelines
in the development boundaries and shall not encroach into MSHCP conservation areas.
The proposed project has prepared a fire-wise fuel modification plan that design’s adequate
brush management and required setbacks as prescribed by the adopted Fire Code. The
proposed fuel modifications areas have been fully incorporated into the project boundary and
does not encroach into the adjacent MSHCP conservation areas. Furthermore, all fuel
modification areas can be accessed and maintained without encroaching into the adjacent
MSHCP conservation areas. Therefore, the project is found to be consistent with the Fuels
Management Guidelines.
9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.
As part of the MOU, the development will pay the City’s MSHCP Local Development Mitigation
Fee (Lake Elsinore Municipal Code 16.85) at the time of issuance of permits. The MSHCP fee
was set at $472 at the time Vesting Tentative Tract Map 35001 was approved, but because
the project was not developed within 10 years from approval, the mitigation fee is set at the
current prevailing fee amount. This is consistent with the MSHCP Mitigation Fee requirement
and constitutes full compliance with the MSHCP.
10. The Project is consistent with the MSHCP.
The project site is within the MSHCP Elsinore Area Plan, Subunit 2 (Alberhill). The proposed
project site lies within Criteria Cells #3855 (120.46 acres), #3957 (116.4 acres), #3954 (91.54
acres), #3853 (27.8 acres), #4057 (14.41 acres), #3854 (14.23 acres), #4056 (5.73 acres),
and #3953 (.01 acre). The site is also located in Cell Groups U’, V’, T’, with certain other
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parcels located independent of any Cell Group. Conservation within this Cell Group will
contribute to assembly of Proposed Core 1. According to Section (Elsinore Area Plan),
“Conservation within this Cell Group will contribute to assembly of Proposed Core 1.
Conservation within this Cell Group will focus on riparian scrub, woodland and forest
habitat associated with Alberhill Creek and recovery of adjacent coastal sage scrub
habitat. Areas conserved within this Cell Group will be connected to coastal sage scrub,
riparian scrub, woodland and forest habitat proposed for conservation in Cell Group O to
the north and in Cell #3964 to the east and to coastal sage scrub habitat proposed for
conservation in Cell Group W to the south. Conservation within this Cell Group will range
from 60%-70% of the Cell Group focusing in the eastern portion of the Cell Group.”
An Implementation Plan for the MSHCP conducted by HELIX Environmental Planning in
December 2003 analyzed the project site, and concluded,
“The conservation configuration [of the approximately 598 acres sold to the County of
Riverside] was the subject of the extensive negotiations with the U.S. Fish and Wildlife
Service and the California Department of Fish and Game. The project conserves habitat
and acreage consistent with the cores and linkages, area plan, planning unit, Cell and
Cell Group Criteria. It provides a substantial amount of core habitat in an appropriate
configuration and conserves narrow endemic plant species, including Munz's onion and
San Diego Ambrosia, at levels required in the plan (90 percent of the population in a
configuration that provides for long-term conservation). Specifically, 100 percent of the
San Diego Ambrosia and 99 percent of the Munz's onion would be avoided.”
The project site comprises portions of a number of Cells and Cell Groups, which cover a
total of approximately 400 acres. The sale of adjacent land to the County of Riverside
provides for conservation and mitigation of approximately 598 acres and allows of
approximately 400 acres. Based upon the acreage, location, habitat and sensitive species,
the proposed development, comprising approximately 400 acres, is consistent with
MSHCP criteria.
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 at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 17th day of March, 2020.
Michael Carroll
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. 2020-28 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 17th day of March, 2020 and that the
same was adopted by the following vote:
AYES: Commissioners Armit, Gray, and Ross; and Chair Carroll
NOES: None
ABSENT: Vice-Chair Klaarenbeek
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
For:
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