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Home My WebLink AboutCC Reso No 2006-164RESOLUTION NO. 2006-164 A RESOLUTION OF THE CITY COUNCIL OF TFIE CTTY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP), FOR THE PROJECT KNOWN AS THE CHRISTENSEN ANNEXATION NO. 78, GENERAL PLAN AMENDMENT NO. 2006-O1, AND PRE-ANNEXATION ZONE CHANGE NO. 2006-03, FOR 21.13+ ACRES OF VACANT PROPERTY. WHEREAS, the C& J Family Trust has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation and the City's Official Zoning Map to "East Canyon Hills SP" to allow for annexation into the City of Lake Elsinore of the subject property located approximately 3S miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358-130-020 (the "ProjecP'); and WHEREAS, pursuant to Section 6.0 of the MSHCP, those discretionary project approvals which involve land not covered by an MSHCP criteria cell are not required to undergo the Lake Elsinore Acquisirion Process ("LEAP") and the Joint Project Review ("JPR") processes. However, those projects must be evaluated pursuant to the Plan Wide Requirements as a condition precedent to project approval. Accordingly, the Project was evaluated under said Requirements; and WHEREAS, the Project involves entitlements requiring discretionary review by the Planning Commission and City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt MSCHP consistency findings, regardless of the geographical location of the project, prior to approving any discretionary entitlement; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on September 26, 2006. CITY COUNCIL RESOLUTION NO. 2006-164 PAGE 2 OF 5 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 Christensen applications and their consistency with the MSHCP prior to making a decision to adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with MSHCP and the City of Lalce Elsinore Municipal Code, the City Council makes the following findings regarding the consistency of the Project with the MSHCP: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The proposed project includes no development plan, but does require discretionary approvals from the City, including CEQA review. Pursuant to the provisions of the MSHCP, all discretionary development projects within an MSHCP Criteria Area are to be reviewed for compliance through the "Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy (HANS) or equivalent process(e.g. LEAP). The project site is within the MSHCP Lake Elsinore Area Plan; however, it is not within a Criteria Area, and a formal LEAP review of the project is not required. In accordance with the MSHCP, proposed projects outside of the Criteria Area are to be reviewed for consistency with the "Protection of Species Associated with Riparian/Riverine Areas and vernal Pool Guidelines "(MSHCP, ~ 61.2), `Protection of Narrow Endemic Plant Species Guidelines "(MSHCP, ~ 6.1.3), "Additional Survey Needs and Procedures" (MSHCP, ,¢ 6.3.2), and "Urban/Wildlands Interface Guidelines (MSHCP, Section 61.4). CITY COUNCIL RESOLUTION NO. 2006-164 PAGE 3 OF 5 2. The proposed project is not subject to the City's LEAP and the County's Joint Project Review processes. The project is not located within an MSHCP Criteria Cell area; therefore, no formal LEAP submittal was required. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The project site does not support riparian habitat or other sensitive natural community. The General Habitat Assessment prepared for the project site found a defined swale that supports remnant mulefat shrubs and willow trees. However, the report also found that this area does not support habitat suitable for sensitive species as defined in Section 6.1.2 (Riparian/Riverine Areas and Vernal Pools) of the MSHCP due to extensive disturbances from agriculture, lack of structural diversity, and prevalence of non-native vegetation. Although this swale does not contain habitat suitable for the support of sensitive natural communities, it may require permitting from regulatory agencies such as the United States Army Corps of Engineers, California Department of Fish and Game, or the Regional Water Quality Control Board. Should the swale be affected by any future development pursuant to the proposed zoning and general plan designation, the jurisdictional regulations applicable to the swale will be determined. The mitigation measures required for attainment of a permit from any of the regulatory agencies will reduce project impacts to below a level of significance. These mitigation measuYes are incorporated into the Mitigation Monitoring and Reporting Program for this project. 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 surveys are required. CITY COUNCIL RESOLUTION NO. 2006-164 PAGE 4 OF 5 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. The project site is located only within the area requiring Burrowing Owl Surveys (BO). A burrowing owl habitat and burrow survey was conducted on the project site and corresponding 1 SO-meter buffer zone on October 7, 2005 by Ecological Sciences, Inc. The survey determined that there was no suitable habitat and extensive human activities (such as frequent discing) which would likely preclude the presence of BO on the site. No burrowing owl signs were observed during the habitat assessment and burrow survey. Burrowing Owl is not expected to occur within the proposed project area. 6. The proposed project overall is consistent with the MSHCP. The project site is not located within the MSHCP Criteria Area and therefore, has not been identified by the MSHCP as a potential conservation site. Based upon the above analysis of consistency with the MSHCP and the results of the focused biological surveys which evaluated the project site for potential biological impacts, it is concluded that the proposed project is consistent with the provisions of the adopted MSHCP. 7. There is no substanrial evidence, in the light of the whole record before the agency, that the project with the proposed mitigation may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COiTNCIL RESOLUTION NO. 2006-164 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 26`h day of September 2006, by the following vote: AYES NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE COUNCILMEMBERS: NONE COUNCILMEMBERS: HICKMAN Robert E. A9L City of Lake ATTEST: Frederick R , City Clerk City of Lake Elsinore AP OVED A TO F . ~ 2 bara Zeid eibold, City Attorney City of Lake Elsinare