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HomeMy WebLinkAboutLEAP 2023-04 MSHCP Consistency Findings_April2024 - DA Responses 1 LEAP 2023-04/Baker Industrial WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES CONSERVATION PLAN CONSISTENCY FINDINGS April 19, 2024 Background Paragraph C of the Western Riverside County Multiple Species Conservation Plan (MSHCP) Section 6.1.1 (Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy [HANS]) establishes procedures regarding the evaluation of properties for which a development application is not filed and states that “(1) Initial Application Review - Applications for proposed projects which are within the Criteria Area shall be subject to an initial review to determine if all or part of the property is necessary for inclusion in the MSHCP Conservation Area.” The subject application (LEAP 2023-04) was submitted to the City of Lake Elsinore (City) for such a determination. The following analysis and findings are based upon text found in the MSHCP and site-specific documentation from the following documents: • “Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis – Baker Industrial” dated February 2024, prepared by Glenn Lukos Associates, Inc. • “Determination of Biologically Equivalent or Superior Preservation (DBESP) Analysis for Impacts to MSHCP Riparian/Riverine Areas and Vernal Pools, and Narrow Endemic/ Criteria Area Plants – Baker Industrial Project” dated February 2024, prepared by Glenn Lukos Associates, Inc. Project Site Description The LEAP 2023-04/Baker Industrial Project (Project) site comprises approximately 124.60 acres in the City of Lake Elsinore, Riverside California [Figure 1 – Regional Map] and is located within an un-sectioned portion of Township 5 South, Range 5 West, of the U.S. Geological Survey (USGS) 7.5-minute quadrangle map Lake Elsinore, California [Figure 2– Vicinity Map]. The Project site is located southwest of Interstate-15, the Lake Elsinore Outlet Center and Temescal Creek/Collier Marsh. The Project site includes the following Assessor’s Parcel Numbers (APNs): Onsite 378-020-014 378-020-015 378-020-016 378-020-028 2 378-020-029 378-020-030 378-020-031 378-020-036 378-020-037 378-020-048 Offsite 378-020-012 378-020-038 378-020-039 378-020-042 378-020-043 378-114-064 389-080-058 389-080-013 Regional Conservation Authority (RCA) Conserved Land 378-020-024 378-020-033 378-020-034 378-020-040 378-020-041 378-020-054 The ground elevation at the Project site ranges from 1,310 above mean sea level (AMSL) to 1,455 feet AMSL. Soils within the Onsite portion of the Project site consist mainly of Lodo Rocky Loam and Willows Silty Clay (saline-alkali). The Willows soils occur in the lower portions of site, with the rocky loam soil occurring in the higher elevation areas. The Willows soils extend into the site from the adjacent Collier Marsh area. These alkaline soils are strongly associated with the plant species that occur in the vernal pools located immediately northeast of Baker Street. The “Offsite” (undeveloped) portions of the Project site predominantly consist of fine sandy loam soils. The proposed RCA Conserved Lands consist of Willows silty clay soils as well as the fine sandy loam soils. 3 Figure 1. Regional Map 4 Figure 2. Project Vicinity Map 5 Development Project Description The overall Project site totals 124.60 acres and consists of five components: 1. The Industrial Project development footprint (referred to as the “Onsite” portion of the Project) 2. Baker Street Improvements (Offsite) 3. A proposed City Maintenance Area (Offsite) – to be located along the edge of Baker Street 4. Additional Street Improvements (Offsite) – includes improvements to Pierce Street and Nichols Road 5. RCA Conserved Lands – includes 33.66 acres of lands to be conserved by the Project located northeast of the proposed City Maintenance Area and southeast of Pierce Street/Nichols Road The Onsite Project consists of two industrial buildings (approximately 1,002,000 square feet of industrial space) and associated improvements including vehicle parking fields, additional trailer parking field, storm water drainage and treatment, and water and sewer lines. 33.66 acres of land will be set aside for conservation and deeded to the RCA. The RCA Conservation Lands portion is bordered by the Baker Street, Pierce Street and Nichols Road improvements. (See Figure 3, Site Plan). The Project is part of the City’s Business District. 6 Figure 3. Site Plan 7 MSHCP Cell Criteria The Project site is located within Subunit 3 (Elsinore) of the Elsinore Area Plan of the MSHCP, with approximately 78.97 acres of the site within Criteria Cell 4157, 4166 and Cell Group W (Cell 4060 and 4067). Table 1 provides a breakdown of Project site acreages for those portions within the Criteria Area. Table 1. Criteria Cell Averages for the Project Site Criteria Cell Onsite Development (Acres) Offsite Development (Acres) RCA Conserved Land (Acres) Total (Acres) 4157 0 1.61 0 1.61 4166 34.25 6.91 30.11 71.27 4060 (Cell Group W) 0 1.26 0 1.26 4067 (Cell Group W) 0 2.94 1.89 4.83 Total 34.25 12.72 32.00 78.97 Findings 1. Development of the Project site would be a project under the City’s MSHCP Resolution, and the City would be required to make an MSHCP Consistency finding before approval of a development application. The Project site is located within MSHCP Criteria Cells 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 proposed Project is subject to the City’s LEAP and the County’s Joint Project Review processes. Approximately 1.61 acres of the project site is located in Criteria Cell 4157, 71.27 acres of the Project site is located in Criteria Cell 4166 and approximately 1.26 and 4.83 acres of the 8 Project site are located in Criteria Cells 4060 and 4067 respectively, which are part of Cell Group W. The Project site is located in the MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2023-04 was submitted to the City on June 13, 2023. 3. The proposed Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Glenn Lukos Associates, Inc. (GLA) conducted field surveys April 2020, February, April and July 2021, and April and July 2022 to identify and map riparian/riverine areas and vernal pools within the Project site. The Project site contains approximately 3.03 acres of MSHCP riparian/riverine areas, including 2.36 acres of riparian habitats associated with Alberhill Creek, and 0.67 acre associated with six drainage features (Drainage A through F). Approximately 2.58 acres of riparian/riverine areas are inside Criteria Cells and 0.45 acre of riverine areas are outside Criteria Cells. The 2.36 acres associated with Alberhill Creek includes 1.14 acres of Southern Willow Riparian Scrub, 0.73 acre of Alkali Playa, 0.09 acre of Open Water, and 0.40 acre of Semi-Natural Herbaceous Grassland. The proposed Project will permanently (directly) impact approximately 0.50 acre of MSHCP riverine areas but will not impact any riparian habitat. Impacts will occur to five drainage features (A, B, C, D and F). These impacts could not feasibly be avoided due to the hydrology and storm water requirements of the proposed Project. The Determination of Biological Equivalent or Superior Preservation (DBESP) demonstrates that impacts to riverine areas have been minimized to the fullest extent practicable and that proposed mitigation will result in biologically superior conditions compared to the current conditions. Table 2 summarizes Project impacts to riverine features. 9 Table 2. Impacts to MSHCP Riverine Areas Drainage Inside Criteria Cells (acres) Outside Criteria Cells (acres) Total Impacts (acres) Drainage A 0.02 0.03 0.05 Drainage B 0 0.13 0.13 Drainage C 0.03 0 0.03 Drainage D 0 0.09 0.09 Drainage F 0 0.20 0.20 Total 0.05 0.45 0.50 The Project will mitigate impacts to 0.50 acre of riverine areas offsite through the purchase of mitigation credits from the Riverpark Mitigation Bank. The mitigation credits will include a minimum of 1:1 of re-establishment and 2:1 of re-establishment and/or re-habilitation. Since the Riverpark Mitigation Bank involves the restoration of areas adjacent to the San Jacinto River, the mitigation bank lands provide hydrologic functions to the San Jacinto River floodplain similar to the functions provided by drainage features to be impacted at the Project site that are tributary to the Alberhill Creek floodplain. As a matter of habitat replacement, the purchase of 1.50 acres of mitigation credits (1:1 of re-establishment and 2:1 of re- establishment and/or re-habilitation) will be biologically superior compared with the impacts. Vernal Pools The Project site contains three areas on the northeastern side of Baker Street that pond seasonally and exhibit the three wetland parameters to meet the definition of MSHCP Vernal Pools. These areas are referenced herein as Vernal Pools 1, 2, and 3, all of which are inside Criteria Cells. The Project will permanently impact up to 0.08 acre of vernal pools including 0.01 acre of Vernal Pool 2 and 0.07 acre of Vernal Pool 3 along the southern edge because of constructing the storm drain outlets along the edge of the Baker Street improvements although much, if not all, of the impacts might be temporary. The southern edge of Vernal Pool 3 will be recontoured following the completion of construction of the Baker Street improvements and the storm drain outlets, and the vernal pool is included in the Project’s proposed RCA Conserved Land. The potential impact to Vernal Pool 2 is limited to 0.01 acre at the southern edge, and it is expected that work limits will be adjusted in the field under the supervision of the Project Biologist to fully avoid Vernal Pool 2. Vernal Pool 1 will be avoided by the Project, Both Vernal Pools 1 and 2 will also be part of the RCA Conserved Land. In order to reduce indirect effects to Vernal Pool 3, the Project will construct the two storm drain outlets and configure the post-Project hydrology in a manner that will mimic the existing 10 conditions to the maximum extent feasible. The outlets will be constructed approximately 250 feet apart from each other and will collectively release water such that runoff will be spread between the two outlets and into the vernal pool similar to the existing condition. Following the completion of construction, the southern edge of Vernal Pool 3 will be re- contoured and any portion of the 0.07-acre impacts that are temporary will be restored. Although this impact area includes 0.01 acre of Vernal Pool 2, it is expected that the work area limits will be adjusted in the field under the supervision of the Project Biologist to fully avoid Vernal Pool 2. Any permanent impacts to the vernal pools will be mitigated by expanding Vernal Pool 3 on the opposite side from the impacts through recontouring and revegetating. The vernal pool will be expanded by at least a 3:1 ratio versus the permanent impacts. Assuming up to 0.08-acre permanent impacts, the vernal pool will be expanded by 0.25 acre. A Habitat Management and Monitoring Plan (HMMP) will be prepared to address the vernal pool mitigation, including site preparation, non-native plant removal (if applicable), maintenance, success criteria, and monitoring. The monitoring will include hydrologic monitoring to confirm that the recontoured areas inundate sufficiently to support wetland conditions. The HMMP will be provided to the RCA and Wildlife Agencies for review and approval. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. 4. The proposed Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project site occurs within the Narrow Endemic Plant Species Survey Area (NEPSSA) for the following target species: • Munz’s onion (Allium munzii) • San Diego ambrosia (Ambrosia pumila) • Slender-horned spineflower (Dodecahema leptoceras) • Many-stemmed dudleya (Dudleya multicaulis) • Spreading navarretia (Navarretia fossalis) • California Orcutt grass (Orcuttia californica) • San Miguel savory (Clinopodium chandleri) • Hammitt’s clay-cress (Sibaropsis hammittii) • Wright’s trichocoronis (Trichocoronis wrightii var. wrightii). GLA biologists performed general and focused plant surveys for the Project site in both 2020 and 2022. One Narrow Endemic Plant species (San Diego ambrosia) was detected at the Project site. San Diego ambrosia was detected in several locations, including two locations in the southern end of the site (most of the plants within the Project site), one location in the central portion of the site, three small locations adjacent to Pierce Street, and one small 11 location adjacent to Nichols Road. GLA biologists estimated 9,000 plants over 0.44 acre of habitat with long-term conservation value for the species. The Project will impact San Diego ambrosia in several locations, including in the southern portion of the Industrial footprint (Onsite) and within the proposed offsite road improvements along Pierce Street and Nichols Road. All impacts to plant habitat with long-term conservation value will be mitigated within the proposed RCA Conserved Lands. To mitigate the loss of 0.44 acre of habitat with long-term conservation value for San Diego ambrosia, the Project will restore approximately 1.25 acres of degraded habitat in the Alberhill Creek floodplain with San Diego ambrosia. The proposed restoration area consists of an area dominated by non-native grasses and forbs where San Diego ambrosia was detected in the past but due to overgrowth by invasive vegetation, San Diego ambrosia was not detected during plant surveys for the Project. The Project will develop a HMMP that will identify site preparation methods, the proposed plant palette, proposed success criteria, and maintenance/long-term monitoring procedures. The HMMP will be submitted to the City, RCA, United States Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFW) and the Regional Water Quality Control Board for review and approval prior to implantation of the proposed mitigation. The proposed Project provides preservation and mitigation for San Diego ambrosia that is biologically superior to the current conditions and is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed 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), and Figure 6-5 (Mammal Species Survey Areas with Criteria Area), burrowing owl surveys are required for the subject property prior to approval of a development proposal. The property is not located within survey areas for criteria area species (MSHCP Figure 6-2), amphibian species (MSHCP Figure 6-3), or mammal species (MSHCP Figure 6-5) and surveys for those species are not required. Burrowing Owl The Project site is located within the MSHCP Survey Area for the burrowing owl. GLA conducted a burrowing owl (Athene cunicularia) habitat assessment and focused borrow survey in 2020 and 2022 and focused owl surveys on March 9, April 4, May 2, and June 3, 2022. No burrowing owls were detected within the Project site during focused surveys. 12 As a mitigation measure for the proposed Project, the City will require a pre-construction presence/absence survey for burrowing owl to be conducted within 30 days of the commencement of project-related grading or other land disturbance activities to ensure that the species has not moved onto the site since completion of the surveys. The pre-construction survey should occur within 30 days prior to ground disturbing activity. Owls located as a result of survey efforts will be relocated. If burrowing owl have colonized the Project Onsite or the Offsite improvements area prior to the initiation of construction, the project proponent should immediately inform the City, RCA and the Wildlife Agencies, and coordinate on the potential need for preparation, review and approval of a Burrowing Owl Protection and Relocation Plan, prior to any ground disturbance. Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines that are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. The guidelines in Section 6.1.4 of the MSHCP are intended to address indirect effects associated with development near MSHCP Conserved Areas. Developments in proximity to MSHCP Conserved Areas may result in “edge effects” that might adversely affect biological resources within MSHCP Conserved Areas. According to the MSHCP development may occur adjacent to Conservation Areas. Future Development in proximity to Conservation Areas may result in Edge Effects that will adversely affect biological resources within the Conservation Areas. To minimize such Edge Effects, the Project Applicant will be required to follow the Urban/Wildlands Interface Guidelines in Section 6.1.4 of the MSHCP to minimize urban/wildlands interface issues in the nearby Criteria Area. These include measures related to indirect impacts such as water quality (drainage), use of toxics, night lighting, indirect noise, invasive plant and wildlife species, protection of habitat areas (barriers), and grading/land development adjacent to habitat areas. Drainage Pursuant to the Urban/Wildlife Interface Guide (UWIG), proposed developments in proximity to the MSHCP Conservation Area shall incorporate measures, including measures required through the National Pollutant Discharge Elimination System (NPDES) requirements, to ensure that the quantity and quality of runoff discharged to the MSHCP Conservation Area is not altered in an adverse way when compared with existing conditions. The Project includes the preparation of a Preliminary Hydrology Study to analyze the existing condition storm flows across the property as well as the proposed condition conveyances to existing discharge locations. The hydrology study will confirm flow values based on standard 13 storm intensities and discharge volumes, flow rates, and velocities. The Project also includes a Preliminary Water Quality Management Plan (WQMP) that identifies the Best Management Practices (BMPs) proposed to be implemented to treat project related pollutants for onsite and offsite impervious improvements. The WQMP will identify the post-construction treatment control and site design BMPs to treat specific pollutants from onsite impervious areas as well as the public right-of-way prior to discharge at historical locations on the northern side of the proposed Baker Street corridor improvements. BMPs located within the public right-of-way of Baker Street and Nichols Road will treat roadway specific pollutants within bio- retention/modular wetland facilities upstream of the specified discharge locations. A Storm Water Pollution Prevention Plan (SWPPP) will be prepared and implemented prior to onsite and offsite project construction disturbance. The SWPPP will focus on the design, installation, and treatment of construction related pollutants. The SWPPP document will be approved through the State of California and the Project will be registered as required by the Construction General Permit. The Project will be monitored before, during and after rain events to ensure BMP implementation and effectiveness in protecting downstream habitats and receiving water bodies. Toxics The UWIG states that land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure that are potentially toxic or may adversely affect wildlife species. Habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. Measures such as those employed to address drainage issues will be implemented for toxics. The proposed Project will implement a SWPPP that will address runoff during construction. Lighting Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. The Project will incorporate an onsite lighting design that provides the required lighting levels for normal operation onsite. Exterior lighting can be designed as downward facing to prevent unnecessary foot candles outside of the Project boundary. The City of Lake Elsinore requires public streetlights every 200 feet on both sides of newly constructed public roadways per Lake Elsinore standards 503 and 508. The Project proponent will work with the City to design a public roadway lighting design that is sensitive to neighboring sensitive receptors. Noise The UWIG states “Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP 14 Conservation Area resources pursuant to applicable rules, regulations and guidelines related to land use noise standards. For planning purposes, wildlife within the MSHCP Conservation Area should not be subject to noise that would exceed residential noise standards.” The Project intends to provide Good Neighbor Policy screening to reduce noise impacts to neighboring properties. In addition, the City of Lake Elsinore Good Neighbor Policy requires additional edge condition screening along public right-of-way that will help reduce normal operation noise levels due to the placement of upgraded landscaping and fencing. A noise analysis will be prepared along with other environmental impact studies to determine project related noise impacts. If noise levels exceed neighboring sensitive receptor levels, the study will identify mitigations of condition and implement to achieve acceptable noise levels. Invasives Plant species acceptable for the Project’s landscaping must not be considered an invasive species pursuant to Table 6-2 of the MSHCP. To ensure this, the final landscape plans must be reviewed and verified by the City for consistency with the plant species list in Table 6-2 of the MSHCP. Allowable use of invasive species on a project site is based on the proximity of the plantings to the Conservation Area, the sensitivity of resources in the Conservation Area to invasion, and barriers to plant and seed dispersal. If the site is sufficiently contained such that invasive plantings would not be able to spread outside of the developed Project footprint, invasive plantings may be allowed on the site. However, the City will make the final decision on the suitability of this species for the Project’s landscape plan. Barriers According to the UWIG, proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass or dumping in the MSHCP Conservation Area. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage and/or other appropriate mechanisms. Barriers would restrict direct access to the MSHCP Conservation Area from the project site by unauthorized public access or domestic animals. Under the MSHCP, suitable barriers include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms. The barriers would and should be placed within the boundaries of the development and will be outside of the confines of the open space/MSHCP Conservation Area. Grading/Land Development The UWIG states, “Manufactured slopes associated with proposed site development shall not extend into the MSHCP Conservation Area.” Manufactured slopes associated with proposed site development shall not extend into the MSHCP Conservation Area. No manufactured slopes are anticipated to be constructed within the MSHCP Conservation Area. Should manufactured slopes be necessary, they will be kept 15 within the boundaries of the development footprint and not encroach into the MSHCP Conservation Area. For these reasons, the subject project is consistent with the UWIG. 7. The proposed project is consistent with the Vegetation Mapping requirements. GLA mapped nine distinct vegetation/land use types for the Project site, including Akali Grassland, Akali Playa, Disturbed/Developed, Open Water, Riversidean Sage Scrub, Semi- Natural Herbaceous Grassland, Disturbed Semi-Natural Herbaceous Grassland, Southern Willow Scrub and Vernal Pool. One natural plant community is supported by the Project site: Riversidean Sage Scrub (RSS). In addition, the site supports two (2) land cover types that would be classified as disturbed and developed. (See Figure 4, Vegetation). The land cover types are described in further detail below. Alkali Grassland Alkali grassland covers 4.06 acres of the Project site on the northeast side of Baker Street, primarily surrounding and/or associated with the vernal pools. Soil within these areas is mapped as Willows silty clay, which consists of well-drained, moderately slow permeable soils. Alkali grassland within the Project site includes alkali adapted plant species as well as rare plants. Dominant species within the meadow and marsh vegetation community include alkali weed (Cressa truxillensis), silverscale saltbush (Atriplex argentea), alkali mallow (Malvella leprosa), Harding grass (Phalaris aquatica), neckweed (Veronica peregrina), and foxtail barley (Hordeum murinum). This vegetation category also supports a variety of special- status plants including Coulter's goldfields (Lasthenia glabrata ssp. coulteri), San Jacinto valley crownscale (Atriplex coronata var. notatior), and vernal barley (Hordeum intercedens). Alkali Playa The Project site contains 0.73 acre of alkali playa, all of which occurs within the proposed RCA Conserved Land. Alkali playas are also dry lakes or edges of dry lakes that typically undergo periods of temporary inundation during the wet season and have high concentrations of alkali salts (Holland 1986). As such, alkali playas are dominated by plant species adapted to a salty substrate. The disturbed alkali playa within the Project site is located within the Alberhill Creek floodplain. Dominant species include alkali weed, alkali heath (Frankenia salina), salt grass, silverscale saltbush, and bush seepweed (Suaeda nigra). The alkali playa vegetation community within the Project site supports several rare plant species including Coulter’s goldfields, San Jacinto Valley crownscale, and vernal barley. 16 Disturbed/Developed The Project site contains 18.34 of disturbed/developed land consisting of paved roads, unpaved access roads, and former residential lots. The disturbed/developed areas occur primarily along Baker Street, both within RCA conserved land and impact areas. The disturbed/developed portions of the site remain generally unvegetated, although ruderal species occur intermittently within and along the edges of these areas. Dominant species include coastal heron’s bill (Erodium cicutarium), Russian thistle (Salsola tragus), London rocket (Sisymbrium irio), cheeseweed (Malva parviflora), and summer mustard (Hirschfeldia incana). Open Water The Project site contains open water, covering approximately 0.09 acre. This land use type consists of a perennial portion of Alberhill Creek which flows through the northern limit of RCA conserved lands. Riversidean Sage Scrub A 3.01-acre patch of California Buckwheat Scrub occurs in the southwestern portion of the Project site. This intact vegetation community occurs on a steep slope, contains clay soils, and exhibits environmental characteristics typical of sage scrub communities such as spaced apart shrubs providing an open canopy to allow for interspersed growth of grasses and forbs. The Riversidean Sage Scrub vegetation community is dominated by shrub species including brittlebush (Encelia farinosa), California sagebrush (Artemisia californica), black sage (Salvia mellifera), and California buckwheat (Eriogonum fasciculatum). The understory consists of lower growing shrubs and perennial and annual herbs such as common sandaster (Corethrogyne filaginifolia), clustered tarweed (Deinandra fasciculata), blue dicks (Dichelostemma capitatum), wild cucumber (Marah macrocarpa), California plantain (Plantago erecta), and splendid mariposa (Calochortus splendens). Non-native grasses also occur in the understory including common Mediterranean grass (Schismus barbatus) and various brome species (Bromus spp.). Semi-Natural Herbaceous Grassland The majority of the Project site consists of semi-natural herbaceous grassland. This vegetation community comprises 69.71 acres and occurs throughout the entirety of the site, in both RCA conserved lands and impact areas. Although these areas currently remain largely undisturbed, the overall plant community exhibits significant historic disturbance that removed the mosaic of native plants that would have otherwise been present and replaced it with exotic species. As such, due to the current predominance of non-native species, the term “semi- natural” is used to describe this herbaceous grassland. In early spring, before annual grasses emerge, this vegetation community is dominated with common fiddleneck (Amsinckia intermedia), London rocket, cheeseweed, and coastal heron’s bill. Also present in early spring are sporadically occurring patches of native wildflowers 17 including lupine (Lupinus bicolor), chick lupine (Lupinus microcarpus), goldfields (Lasthenia californica), and red maids (Calandrinia menziesii). Then, in late spring and early summer, this vegetation community is almost entirely dominated with non-native grass species including red brome (Bromus rubens), ripgut brome (Bromus diandrus), foxtail barley, and slim oat (Avena barbata). Disturbed Semi-Natural Herbaceous Grassland The Project site contains 26.27 acres of land mapped as disturbed semi-natural herbaceous grassland. This vegetation community occurs in the central portion of the site, bordering Baker Street on both sites, and also occurs in both RCA conserved lands and impact areas. It is nearly identical to the vegetation community described above (semi-natural herbaceous grassland); however, these areas currently experience more disturbance in the form of routine mowing and disking. As such, the disturbed semi-natural herbaceous grassland excludes pockets of native wildflowers and any semblance of a historic native plant community. The disturbed semi-natural herbaceous grassland is dominated with a variety of weedy, annual species including summer mustard, stinknet (Oncosiphon piluliferum), prickly lettuce (Lactuca serriola), London rocket, cheeseweed, coastal heron’s bill, red brome, ripgut brome, foxtail barley, and slim oat. Southern Willow Riparian Scrub The Project site contains 1.14 acres of southern willow riparian scrub as part of RCA conserved land, within and adjacent to Alberhill Creek. Southern willow riparian scrub consists of dense, broadleaved, winter-deciduous stands of trees dominated by shrubby willows (Salix spp.) in association with mule fat (Baccharis salicifolia). This vegetation community contains an assortment of young and mature trees, with willows ranging from 15- to 50-feet tall and is dominated by black willow (Salix gooddingii), red willow (Salix laevigata), and arroyo willow (Salix lasiolepis). Other species sporadically observed in association with this plant community include mule fat (Baccharis salicifolia), tamarisk (Tamarix ramosissima), western ragweed (Ambrosia psilostachya), big saltbush (Atriplex lentiformis), saltgrass (Distichlis spicata), and yerba mansa (Anemopsis californica). Vernal Pools Three vernal pools occur within the Project site on the northeast side of Baker Street, accounting for 1.25 acres. Vernal pools are ephemeral wetlands that form in shallow depressions underlain by a substrate near the surface that restricts the downward percolation of water. Depressions in the landscape fill with rainwater and runoff from adjacent areas during the winter and may remain inundated until spring or early summer, sometimes drying more than once during the wet season. Smaller pools can fill, and dry, and larger pools can hold water longer and may, in the deeper portions, support species that are more representative of freshwater marshes. Vernal pools are well-known for their high level of endemism (Stone, 1989) and abundance of rare, threatened, or endangered species (Sawyer and Keeler-Wolf, 18 1995). Vernal pools are dominated by native annual plants, with low to moderate levels of perennial herbaceous cover (MSHCP 2023). Within the Project site, the northernmost seasonal pool (Vernal Pool 3) is partially supported by runoff from an adjacent ephemeral drainage, while the remaining two pools (Vernal Pool 1 and 2) are depressional features that inundate from direct rainfall and runoff from the immediate local watershed. Dominant plant species within the pools include alkali plagiobothrys (Plagiobothrys leptocladus), alkali weed, alkali mallow, common toad rush (Juncus bufonius), and Harding grass (Phalaris aquatica). This vegetation category also supports a variety of special-status plants within the Project site including Coulter's goldfields, small-flowered microseris (Microseris douglasii ssp. platycarpha), San Jacinto Valley crownscale, and vernal barley. This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP Conservation Area or other undeveloped lands incorporate any fuel/brush management zones and Best Management Practices. The Project will be required to incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development pursuant to regulatory requirements. Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. 19 Figure 4. Vegetation Map 20 9. The proposed Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee. The applicant shall pay MSHCP Local Development Mitigation fees as determined by the City. The Western Riverside County RCA adjusts the fee schedule annually. As of July 1, 2023, the fees are: Category MSHCP Fees Residential, density less than 8.0 dwelling units per acre $4,236 per dwelling unit Residential, density between 8.0 and 14.0 dwelling units per acre $1,766 per dwelling unit Residential density greater than 14.0 dwelling units per acre $781 per dwelling unit Commercial $19,066 per acre Industrial $19,066 per acre 10. The proposed project is consistent with the MSHCP Reserve Assembly Requirements. MSHCP Sequential Approach The MSHCP describes a sequential approach to application of the Reserve Assembly guidance provided in the MSHCP (MSHCP, page 3-122 through 3-124). The Project can be shown to be consistent with the MSHCP Reserve Assembly Requirements on an Area Plan and Area Plan Subunit Basis as outlined below. Step 1 – Examine the Project in the context of the overall MSHCP Conservation Area by relating the Project to the MSHCP Conservation Area description in Section 3.2.2 of the Plan and the descriptions of the applicable Cores and Linkages in Section 3.2.3 of the Plan. (MSHCP, page 3-122) Section 3.2.2 of the MSHCP summarizes the MSHCP Conservation Area in terms of bioregions, vegetation, soils, patch size and edge affected land. Section 3.2.2 also states, “The MSHCP Conservation Area may also be described in terms of Cores and Linkages.” (MSHCP, page 3-19). The following description of the Project site in the context of the overall MSHCP Conservation Area is in terms of applicable Cores and Linkages. Per the MSHCP, conservation within Cell 4166 will contribute to assembly of Proposed Linkage 2. The MSHCP describes Proposed Linkage 2 as: a) “Proposed Linkage 2” Proposed Linkage 2 is comprised of wetland Habitat associated with Collier Marsh in the City of Lake Elsinore. It supports key populations of the following species: yellow-breasted 21 chat, San Diego ambrosia, downy woodpecker, least Bell's vireo, yellow warbler and southwestern willow flycatcher. Maintenance of wetland functions and values and water quality of Collier Marsh is important for these species. As shown in Table 3 below, areas not affected by edge within this Linkage total approximately 70 acres of the total 160 acres occupied by this Linkage. Since this Linkage may be affected by edge, treatment and management of edge conditions will be necessary to ensure that land uses adjacent to the Linkage do not degrade water quality or inhibit floodplain processes. Guidelines Pertaining to Urban/Wildlands Interface for the management of edge factors such as lighting, urban runoff, toxics, and domestic predators are presented in Section 6.1 of this document. Table 3. Proposed Linkage 2 Approximate Dimension Data for Linkage Approx. Total (acres) Approx. Edge (acre) Approx. Interior (acres) Approx. Perimeter/ Area Ratio (feet/acres) Planning Species Adjacent Proposed General Plan Land Use Major Covered Activities Affecting Linkage 160 90 70 107 American bittern, mountain plover, southwestern willow flycatcher, black- crowned night heron, osprey, double-crested cormorant, white- faced ibis, and least Bell's vireo City (Lake Elsinore None The Project will dedicate 30.11 acres of land in Cell 4166 to the MSHCP Conservation Area, all of which are associated with Collier Marsh and adjacent areas. Additionally, the Project will implement Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface as discussed in Section 6 of this document. Approximately 6.09 acres of the Project site is within Cell Group W (1.26 acres in Cell# 4060 and 4.83 acres in Cell# 4067), consisting of offsite improvements to Nichols Road from the proposed intersection with Baker Street on the west to the existing Collier Road intersection on the east. The MSHCP Criteria for the Cell Group states that Conservation within this Cell Group will contribute to assembly of Proposed Core 1. The MSHCP describes Proposed Core 1 as: “Proposed Core 1” Proposed Core 1 is located approximately in the east-central region of the Plan Area. This Core Area consists largely of private lands in the Alberhill area but also contains small pieces of Public/Quasi- 22 Public Lands. The Core exists in two blocks, one east and one west of I-15. Connections are made from the Core to Proposed Linkage 1, Proposed Linkage 2 (Alberhill Creek), Proposed Linkage 3, and Existing Core C (Lake Mathews/Estelle Mountain). The Core provides Habitat for species and also provides for movement of species. Key populations of coastal California gnatcatcher, Munz’s onion, many-stemmed dudleya, cactus wren, tricolored blackbird, and yellow warbler are supported in this Core Area. The Core likely provides for movement of common mammals such as bobcat. Since this Core is contiguous with Existing Core C (Lake Mathews/ Estelle Mountain) via an approximately 10,000-foot connection, the functional area of the Core is much greater than 7,470 acres reported in Table 2, below. Because a portion of the Core is surrounded by city (Lake Elsinore) and community development planned land uses, and since this Core may be affected by the proposed Hemet to Corona/Lake Elsinore Community and Environmental Transportation Acceptability Process (CETAP) Corridor, management of edge conditions in these areas will be needed to maintain high quality Habitat within the Core. Guidelines Pertaining to Urban/Wildlands Interface for the management of edge factors such as lighting, urban runoff, toxics, and domestic predators are presented in Section 6.1 of this document. As shown on Table 4 below, 6,350 acres of the total 7,470 acres occupied by Core 1 are not affected by edge. Adjacent planned land uses and major Covered Activities traversing the Linkage may affect resources within the Linkage. Adjacent planned land uses for Proposed Core 1 include City (Lake Elsinore), Rural Mountainous, Community Development, Open Space/ Conservation. Land use activities within the City and Community Development designation may result in Edge Effects associated with fire suppression, fire, and dispersal of invasive species. Guidelines Pertaining to Urban/Wildlands Interface for the management of edge factors such as lighting, urban runoff, toxics, and domestic predators are presented in Section 6.1 of this document. 23 Table 4. Proposed Core 1 Approximate Dimension Data for Linkage Approx. Total (acres) Approx. Edge (acres) Approx. Interior (acres) Approx. Perimeter/ Area Ratio (feet/acres) Planning Species Adjacent Proposed General Plan Land Use Major Covered Activities Affecting Linkage 7,470 1,120 6,350 30 Coastal California gnatcatcher, cactus wren, tri-colored blackbird, southwester n willow flycatcher, Munz's onion and many- stemmed dudleya. City (Lake Elsinore), Rural Mountainous, Community Development, Open Space/ Conservation I-15, Hemet to Corona/Lake Elsinore CETAP Corridor * This core is contiguous with Existing Core C Step 2 – Identification of the specific Area Plan and Area Plan Subunit within which the particular project is located. Planning Species and Biological Issues and Considerations as well as variable target acreages for the overall Area Plan and Area Plan Subunit should be reviewed between Permittee staff and the applicant along with any variable project specific biological information. Planning Species and Biological Issues and Considerations that apply to the specific project should be identified. Not all Planning Species and Biological Issues and Considerations for particular Area Plan or Area Plan Subunit will apply to every project. (MSHCP, page 3-122) A majority of the Project site (71.27 acres) is located within Subunit 3 (Elsinore) of the Elsinore Area Plan. Another 7.70 acres of the Project site is located within Subunit 2 (Alberhill) of the Elsinore Area Plan. The remainder of the Project site (45.63 acres) is outside of the Criteria Area. Subunit 3 (Elsinore) has a target acreage range for Additional Reserve Lands 925-1,815 acres. It includes the following list of biological issues and considerations that relate to the conservation goals of the MSHCP: • Conserve wetlands including Temescal Wash, Collier Marsh, Alberhill Creek, Lake Elsinore and the floodplain east of Lake Elsinore (including marsh Habitats) and maintain water quality. • Conserve clay soils supporting Munz's onion. 24 • Conserve Travers-Willow-Domino soil series. • Conserve foraging Habitat for raptors, providing a sage scrub-grassland ecotone. • Conserve grassland Habitat for mountain plover. • Conserve breeding Habitat for northern harrier. • Maintain linkage area for bobcat. • Conserve San Diego ambrosia at Alberhill and Nichols Road or find new populations that would allow for loss of known populations. • Maintain Core and Linkage Habitat for western pond turtle. • Maintain Core Area for Riverside fairy shrimp. • Maintain opportunities for Core and Linkage Habitat for Quino checkerspot butterfly. The Project will dedicate 30.11 acres of land in Subunit 3, associated with Cell 4166, to the MSHCP Conservation Area, which will contribute to Proposed Linkage 2 as well as the following biological issues and considerations identified for Subunit 3. • Conserve wetlands including Temescal Wash, Collier Marsh, Alberhill Creek, Lake Elsinore and the floodplain east of Lake Elsinore (including marsh Habitats) and maintain water quality. • Conserve Travers-Willow-Domino soil series. • Conserve foraging Habitat for raptors, providing a sage scrub-grassland ecotone. • Conserve grassland Habitat for mountain plover. • Conserve breeding Habitat for northern harrier. • Maintain linkage area for bobcat. • Conserve San Diego ambrosia at Alberhill and Nichols Road or find new populations that would allow for loss of known populations. • Maintain opportunities for Core and Linkage Habitat for Quino checkerspot butterfly. Subunit 2 (Alberhill) has a target acreage range for Additional Reserve Lands of 1,760- 3,010 acres. It includes the following list of biological issues and considerations that relate to the conservation goals of the MSHCP: • Provide Core Areas for the California gnatcatcher within suitable Habitat east and west of I-15. • Provide a northwest-southeast connection along the hills between Estelle Mountain and Sedco Hills, primarily for coastal California gnatcatchers, but also other sage scrub species. • Conserve alkali soils supporting sensitive plants such as San Diego ambrosia, vernal barley and Coulter's goldfields. • Conserve clay soils supporting sensitive plants such as Munz's onion, many- stemmed dudleya, small-flowered morning glory and Palmer's grapplinghook. • Conserve wetlands including Temescal Wash and Alberhill Creek. • Maintain upland Habitats in Alberhill and provide connection north to Estelle Mountain, North Peak, and BLM Lands. 25 • Conserve Engelmann Oak woodlands. • Conserve foraging Habitat for raptors, providing a sage scrub-grassland ecotone. • Maintain Core and Linkage Habitat for bobcat. • Maintain Core and Linkage Habitat for mountain lion east of I-15. • Maintain Core and Linkage Habitat for Stephens' kangaroo rat east of I-15. • Maintain Core Area for Riverside fairy shrimp. • Maintain opportunities for Core and Linkage Habitat for Quino checkerspot butterfly. The Project will dedicate 1.89 acres of land in Subunit 2, associated with Cell 4067 (Cell Group W), to the MSHCP Conservation Area which will contribute to Proposed Core 1 as well as the following biological issues and considerations for Subunit 2: • Conserve alkali soils supporting sensitive plants such as San Diego ambrosia, vernal barley and Coulter's goldfields. • Maintain upland Habitats in Alberhill and provide connection north to Estelle Mountain, North Peak, and Bureau of Land Management (BLM) Lands. • Conserve foraging Habitat for raptors, providing a sage scrub-grassland ecotone. • Maintain Core and Linkage Habitat for bobcat. Step 3 – Review of the specific Criteria for the identified Cell or Cell Group within which the Project site is located. a) Pursuant to page 3-122 of the MSHCP, the “first criterion for each Cell or Cell Group is the identification of the applicable Core or Linkage. This relationship of the project to the applicable Core or Linkage should already have been identified and discussed as part of the first steps in the sequential process.” Criteria Cells and Cell Groups for which the proposed Project are located are described in Table 5, below. Table 5. Criteria Cell and Cell Groups Acreages for the Project Site Criteria Cell Onsite Development (acres) Offsite Development (acres) RCA Conserved Land (acres) Total (acres) 4157 0 1.61 0 1.61 4166 34.25 6.91 30.11 71.27 4060 (Cell Group W) 0 1.26 0 1.26 4067 (Cell Group W) 0 2.94 1.89 4.83 Total 34.25 12.72 32.00 78.97 26 b) “The next criteria for each Cell or Cell Group” as described on page 3-122 of the MSHCP “are the identification of Vegetation Communities toward which Conservation should be directed along with connectivity requirements.” Table 6 identifies the Project’s relation to the Criteria Cell/Criteria Group, below. Table 6. Criteria by Cell or Cell Group Criteria Cell Criteria Project’s Relation to Criteria Cell/Cell Group 4157 Conservation within this Cell will contribute to assembly of Proposed Core 1. Conservation within this Cell will focus on coastal sage scrub, chaparral and grassland habitat. Areas conserved within this Cell will be connected to coastal sage scrub and chaparral habitat proposed for conservation in Cell #4156 to the west and to chaparral and grassland habitat proposed for conservation in Cell #4057 to the north. Conservation within this Cell will range from 45 percent to 55 percent of the Cell focusing in the western half of the Cell. The 1.61-acre portion of the Project in Cell 4157 is in the very northeastern corner of this Cell. It supports mostly Developed/Disturbed land associated with Nichols Road along with a small portion of Disturbed Semi-Natural Herbaceous Grassland. All of the Project area within Cell 4157 is, or will be, developed as part of off-site improvements. 4166 Conservation within this Cell will contribute to assembly of Proposed Linkage 2. Conservation within this Cell will focus on meadow, marsh, riparian scrub, woodland and forest habitat along Alberhill Creek and adjacent grassland habitat. Areas conserved within this Cell will be connected to riparian scrub, woodland, forest and grassland habitat proposed for conservation in Cell Group W to the north and to meadow, marsh and grassland habitat proposed for conservation in Cell #4169 to the east. Conservation within this Cell will range from 15 percent 25 percent of the Cell focusing in the northeastern portion of the Cell. The 71.27 acre portion of the Project in Cell 4166 is located in the western half of the cell with a small portion in southeastern quadrant. It supports a variety of vegetation communities including Semi-Natural Herbaceous Grassland, Riversidean Sage Scrub, Disturbed Semi-Natural Herbaceous Grassland, Disturbed/Developed, Alkali Grassland, Alkali Playa, Vernall Pool, Southern Willow Riparian Scrub, and Open Water. 27 4060 (Cell Group W) Conservation Cell Group W 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 adjacent coastal sage scrub and grassland 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 #3964 to the north, to coastal sage scrub habitat proposed for conservation in Cell #4057 to the west, and to grassland, riparian scrub, woodland and forest habitat proposed for conservation in Cell #4166 to the south. Conservation within this Cell Group will range from 80 percent to 90 percent of the Cell Group focusing in the northwestern portion of the Cell Group. The 6.09 acre portion of the Project located in Cell Group W is located in the far southern portion of Cells 4060 and 4067. Vegetation communities within this portion of the Project area include Disturbed/Developed, Southern Willow Scrub, Disturbed Semi-Natural Herbaceous Grassland, and Semi-Natural Herbaceous Grassland. An approximately 52- acre portion of Cell 4060, in the northwest, northeast, and southwest quadrangles of the Cell, is MSHCP Conserved Additional Reserve Lands. 4067 (Cell Group W) c) “Finally, the project should be examined with respect to the percentage conservation portion of the Cell Criteria, which is the last criterion provided for each Cell and Cell Group.”. (MSHCP, pages 3-122 and 3-123) Table 7 provides a breakdown of Project site acreages for those portions within the Criteria Area and the Percentage Conservation Portion of the Cell Criteria. 1.61 acres of the Project site is located in the northeastern quadrant of Criteria Cell 4157, consisting of Disturbed/Developed and Disturbed Semi-Natural Herbaceous Grassland associated with Nichols Road. The Criteria for Cell 4157 call for conservation of conservation of 45 percent to 55 percent, or 72 to 88 acres, of coastal sage scrub, chaparral, and grassland habitat in the western half of the Cell. The Project will not develop areas identified for conservation in Cell 4157. 71.27 acres of the Project site are located in the northwest, southwest, and southeast quadrants of Criteria Cell 4166. The Criteria for Cell 4166 call for conservation of 10 percent to 20 percent, or 16 to 32 acres, of meadow, marsh, riparian scrub, woodland and forest habitat in the northeastern portion of the Cell. Approximately 3.5 acres of Additional Conservation Lands already exist in the eastern Portion of Cell 4166. The Project will contribute 30.11 acres within Cell 4166 to the RCA for inclusion in the Conservation Area. This exceeds the conservation acreage goal for the Cell. The portion of the Project within 28 Cell 4166 that will be developed for the Project is located in the southwestern portion of the cell. 6.09 acres of the Project site are located in the southern portion of Cell Group W (Cells 4060 and 4067). The Criteria for Cell Group W call for conservation of 80 percent to 90 percent (384 to 432 acres) of riparian scrub, woodland and forest habitat associated with Alberhill Creek and adjacent coastal sage scrub and grassland habitat. Approximately 51 acres of Additional Conservation Lands already exist in the northern and eastern Portion of Cell Group W. The Project will contribute 1.89 acres of land consisting of grassland and riparian scrub habitats within Cell 4067 for inclusion in the Conservation Area. The remainder of the Project site (45.63 acres) is outside of the Criteria Area. Reserve Assembly requirements for each independent Cell and Cell Group are described in Table 7 below. Table 7. Criteria Area and Percentage Conservation Portion of the Cell Criteria within the Project Site Criteria Cell Areas Identified for Conservation Existing Reserve Lands Project Conservation Contribution Total Conservation 4157 72-88 acres (45 percent to 55 percent) 0 0 0 4166 16-32 acres (10 percent to 20 percent) 3.5 30.11 33.61 4060 (Cell Group W) 384 to 432 acres (80 percent to 90 percent) 51 0 52.89 4067 (Cell Group W) 0 1.89 MSHCP Covered Roads The Project includes offsite roadway improvements to Nichols Road, which is a covered road under the MSHCP. Section 7 of the MSHCP describes covered Activities/Allowable Uses. Section 7.3.5 describes Planned Roads within the Criteria Area (“Covered Roads”) as “Planned roadways are defined as either existing facilities that require improvements (i.e. widening) or a new facilities to be constructed. Planned roadways include seven types of roadways, freeways, CETAP Corridors and other major facilities that have been identified as part of the General Plan circulation element. Planned roadways are depicted in a general fashion on the County Circulation Element.” (MSHCP, Page 7-25) “Evaluations of planned roadways with respect to Conservation of biological resources have been conducted throughout the MSHCP planning 29 process. As a result, only those planned roadways identified in this section are Covered Activities within the Criteria Area. Roadways other than those identified in this section are not covered without an amendment to the MSHCP in accordance with the procedures described in Section 6.10 of this document.” (MSHCP, page 7-31) The MSHCP states that “[t]he improvement/construction of circulation element roadways shown on Figure 7-1 [of the MSHCP] are Covered Activities within the Criteria Area, as well as the operation and Maintenance Activities conducted for these facilities. The Circulation element roads included in Figure 7-1 and that are analyzed in this section include a composite of County and Cities General Plan Circulation Elements.” (MSHCP, page 7-31) MSHCP Figure 7-1 shows Railroad Canyon Road adjacent to the project site as an “Arterial” road with a 128-foot right-of-way. Improvements to Nichols Road will occur as part of the Project. Nichols Road improvements will likely consist of an interim intersection with appropriate pavement tapering to the east and west leading away from the new intersection with Baker Street. Minor roadway resurfacing may be required along the existing Nichols Road segment between the Baker Street intersection and the Collier Avenue intersection. The Nichols and Collier intersection may also include minor surface improvements, revised lane striping and potential traffic control/signage improvements. The Project impact footprint, (i.e., the Project limit of disturbance) includes all areas needed to construct the improvements. Conclusion All development proposed within Criteria Cells is either located in areas not described for conservation or consists of street improvements within existing developed roadways that will not expand the existing roadway. In addition, the Project will conserve approximately 33.66 acres, including 32.00 acres within the Criteria Area consisting of the northeastern portion of Cell 4166 and southern portion of Cell 4067, which includes and is adjacent to Alberhill Creek/Collier Marsh. Therefore, the proposed development and conservation are consistent with the Reserve Assembly requirements for the applicable Criteria Cells and the Project is consistent with the MSHCP.