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Home My WebLink AboutCC Reso No 2006-156RESOLUTION NO. 2006-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS ANNEXATION NO. 76 ET.AL., RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, AND TENTATI~E TRACT MAP NO. 33725 WHEREAS, the Shopoff Group has submitted applications for Annexation No. 76, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision, and Tentative Tract Map No. 33725 ("Ramsgate Applications") located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which lie within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and the Joint Project Review ("JPR") prior to public review of the project applications; and WHEREAS, the Ramsgate Applications involve entitlements requesting that the City issue a pernut, license, certificate, or other entitlement which requires discretionary review by the legislative body; and WHEREAS, the Ramsgate Applications are within MSHCP Criteria Cells 4174 and 4176 and therefare evaluated pursuant to LEAP and JPR prior to the public hearing on this item on September 5, 2006; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development projects within MSHCP criteria cells; and WHEREAS, public notice of the Ramsgate Applications 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 September 26, 2006. CITY COUNCIL RESOLUTION NO. 2006-156 PAGE20F6 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 Ramsgate applications and their consistency with the MSHCP prior to making its decision to adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP and the City of Lake Elsinore Municipal Code, the City Council makes 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 includes a tentative tract map and requires a number of discretionary approvals from the City, including CEQA review. 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. The project site is within the MSHCP Lake Elsinore Area Plan. The entire Tentative Tract Map No. 33725 is located in Criteria Cells 4174 and 4176. Therefore, a formal and complete LEAP application, LEAP 2006-0, 4 was submitted to the City in June, 2006. CTTY COiJNCIL RESOLUTION NO. 2006-156 PAGE 3 OF 6 3. The proposed 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 dona.x). 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. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP and therefore no focused survey is required. Additionally, no NEPSSA species were observed during focused biological surveys conducted on the project site. Based on its location outside of any NEPSSA and the lack of any NEPSSA species being observed during focused surveys, the project is compliant with MSHCP Section 6.1.3. 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 Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area, Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 4 OF 6 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 ts 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. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. 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 proposed project overall is consistent with the MSHCP. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 8. 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. CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 5 OF 6 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Impact Fee. Because the Ramsgate Applications are not covered by the Ramsgate development agreement, the developer will be required to pay the City's MSHCP Local Development Impact Fee. The MSHCP Local Development Impact Fee shall be paid to the City prior to issuance of a building permit and shall be paid at the rate in place at the time such permits are requested. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED in final form this 10`" day of October, 2006, by the following vote: AYES: COLTNCILMEMBERS: suckley, xickman, xelley, Schiffner, Magee NOES: COUNCILMEMBERS: lvone ABSENT: COIJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS/'iv ~~ Robert E. M City of Lake ATTES : Frederick Ra , City Clerk City of Lake Elsinare CTTY COiJNCIL RESOLUTION NO. 2006-156 PAGE 6 OF 6 APP OVED AS 7 O F , 3 B ara Zeid eibold, City Attorney City of Lake Elsinore