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HomeMy WebLinkAboutCC Reso No 2006-066RESOLUTION NO. 2006-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 25473 REVISION NO. 1(TUSCANY WEST), LOCATED ON A PORTION OF ASSESSOR'S PARCEL NO. 349-270-001. WHEREAS, White Rock Acquisition Co., L.P. has submitted an application for Tentative Tract Map No. 25473 Revision No. l, located northeast of Interstate 15, approximately one mile west of Canyon Lake, west of Summerhill Drive, south of Greenwald, and north of the extension of La Strada Road, adjacent to Tuscany Hills to the east, and known as a portion of Assessor's Parcel Number 349-270- 001; and WHEREAS, Tentative Tract Map No. 25473 Revision No. 1 comprises the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably fareseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, a Mitigated Negative Declaration for Tuscany West has been prepared to evaluate environmental impacts resulting with proj ect; and WHEREAS, the Planning Commission of the City of Lake Elsinore considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 2, 2006, and recommend the City Council adopt Findings of Consistency with the MSHCP for Tuscany West; and WHEREAS, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 23, 2006. CITY COUNCIL RESOLUTION NO. 2006-66 PAGE 2 OF 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Tentative Tract Map No. 25473 Revision No. 1. The City Council finds and determines that the project known as "Tuscany WesY' is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project requires a number of discretionary approvals from the City and is subject to CEQA review. Pursuant to the Ciry's MSHCP Resolution, the project must be reviewed for MSHCP consistency, consistent with 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, § 61.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands InterfaceGuidelines (MSHCP, ~ 61.4), Vegetation Mapping (MSHCP, ~ 6.3.1) requirements, Fuels Management Guidelines (MSHCP, ~ 6.4), and payment of the MSHCP Local Development MitigationFee (MSHCP Ordinance, ~ 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan and within the criteria area, therefore a formal LEAP (Lake Elsinore Acquisition Process) application, LEAP 2005-09, was submitted to the City on July 8, 2005. This application and documentation was reviewed by the City and it was determined that no additional conservation is required for compliance with the MSHCP. The City's LEAP determination was submitted to the Western Riverside County Regional Conser°vation Authoriry (RCA) for its Joint Project Review (JPR). CITY COiJNCIL RESOLUTION NO. 2006-66 PAGE 3 OF 7 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Impacts to riparian habitats are limited to those necessary for construction of La Strada Road, which is a circulation element roadway on the City's General Plan. 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. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the Narrow Endemic Plant Species Survey Areas (NEPSSA). Therefore, no focused surveys are required for Narrow Endemic Plant Species. Additionally, no NEPSSA species were observed during focused biological surveys conducted on the project site. Based on its location outside of any NEPSA and the lack of any NEPSSA species being observed during focused surveys, the project is consistent with MSHCP Section 61.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is located outside of any Critical Area species Survey Area (CASSA) for plants and manmmals and no CASSA plant species were observed during the focused surveys for the site. However, the project site is located within the area for BurYOwing Owl Survey. A burrowing owl habitat and burrow survey was conducted on the project site and an adjacent 4.2 acres in August 2004 by PCR Services Corporation. The habitat assessment found that the study area exhibited multiple key indicators of suitable burrowing owl habitat including occurrence of low-growing vegetation and the presence of small fossorial mammal burrows. However, no burrowing owl sign was observed during the habitat assessment and burrow survey. Additionally, the site was surveyed on multiple occasions during other CITY COUNCIL RESOLUTION NO. 2006-66 PAGE 4 OF 7 focused surveys by biologists familiar with the burrowing owl. No owls were obses-ved during any of these surveys. Burrowing owl is not expected to occur within the burrowing owl study area. Therefore, the project is consistent with the policies of MSHCP Section 6.3.2. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The project site is located adjacent to land that has been set aside for conservataon. Therefore, the project is required to comply with the policies set forth in Section 61.4 of the MSHCP. Through implementation of mitigation measures, the project will minimize the adverse effects of the project on conservation configuration and would minimize management challenges that can arise from development being located adjacent to consei-ved habitat; and will be consistent with the policies set forth in Section 61.4. The following mitigation measures will be implemented by the project to minimize the identified potential indirect impacts to adjacent conserved habitat: • All project runoff will be treated prior to exiting the site to reduce toxins. • Detention basins proposed within the project footprint will ensure that there is no increase in flows from the project into MSHCP Preserve. • All project lighting (including that belonging to private property owners) will be required to be selectively placed and directed/shielded away from preserved habitats. In addition, large spotlight- type backyard lighting directed into conserved habitat will be prohibited through homeowner Covenants, Conditions and Restrictions (CC&Rs). . No plants included on the California Exotic Pest Plant Council's list of invasive species or in Table 6-2 of the MSHCP will be used anywhere on the site, and only native species will be planted adjacent to open space areas. A list of prohibited species will be provided to homebuyers and enforced through CC&Rs. CITY COUNCIL RESOLUTION NO. 2006-66 PAGE 5 OF 7 • The proposed project has been designed so that no additional take of conserved habitat will be necessary for fuel modification purposes. • Enclosure fences (wood and tubular steel) shall be installed along the inteYface where residential development abuts natural habitat. Educational signs will be posted at potential access points into the preserve to inforin residents of the wildlife habitat value of the open space and to minimize intrusions. • Manufactured slopes associated with the proposed site development will not extend into the MSHCP Conservation Area. The proposed project is therefore consistent with the Urban/Wildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the project site has been mapped as part of the Ciry's LEAP application. This mapping is consistent with MSHCP mapping protocol. The mapping is sufficient under the MSHCP and is consistent with the MSHCP requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include Fuel Modification Zones along its north and west boundaries in open space adjacent to the Conservation Areas. The proposed project has been designed so that no additional take of conserved habitat will be necessary for fuel modification purposes. Within the project open space area plantings are limited to fire- resistant, non-invasive native species from the list contained within the MSHCP Ordinance and reviewed by the City's Fire Dep~rtment. All fuel management areas will exist outside of the MSHCP Conservation Area. The proposed project is therefore consistent with the Fuels Management Guidelines. CITY COITNCIL RESOLUTION NO. 2006-66 PAGE 6 OF 7 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Condition of Approval No. 20 requires that prior to the issuance of a building permit the applicant pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1, 651 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP The City received a letter dated February 27, 2006, from Thomas B. Mullen, Interim Executive Director of the Western Riverside Regional Conservation Authority. Mr. Mullen states: "The mitigation of the Ramsgate SP included ... the Tuscaray West tentative map. I worked extensively with Mr. Shopoff on getting land assembled and preserved to keep the entire MSHCP intact and moving forward. The preservation of the mitigated Zands for the Ramsgate SP helped to insure that the permits were signed. As part of these negotiations with Mr. Shopoff, it was agreed that the mitigation lands would apply to the development of Tuscany West." Staff concurs that the map is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoprion. CTTY COLTNCIL RESOLUTION NO. 2006-66 PAGE 7 OF 7 PASSED, APPROVED AND ADOPTED this 23 day of May, 2006, by the following vote: AYES: COIJNCILMEMBERS: Buckley, Hickman, Kelley Schiffner, Magee NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: City of Lake ATTE : Frederick Ra , City Clerk City of Lake Elsinore APP OVED AS T FO . ar ara Zeid Lei old, City Attorney City of Lake Elsinore