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Home My WebLink AboutCC Reso No 2005-026RESOLUTION NO: 2005-26 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 PROJECT KNOWN AS THE LAKEVIEW VILLAS LOCATED AT ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012. WHEREAS, Scott Woodward, Woodward Interests has submitted application(s) for Mitigated Negative Declazation No. 2004-10, General Plan Amendment No. 2004-06, Zone Change No. 2004-07, Tentative Condominium Map No. 32127; Residenrial Design Review No. 2004-05, and Conditional Use Permit No. 2004-14, for the "Lakeview Villas". WHEREAS, Mitigated Negative Declaration No. 2004-1Q General Plan Amendment No. 2004-06, Zone Change No. 2004-07, Tentative Condominium Map No. 32127; Residential Design Review No. 2004-05, and Conditional Use Permit No. 2004-14 together comprise the "projecP' 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 foreseeable 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. WHEREAS, a Mitigated Negative Declaration for the subject project has been prepared to evaluate environmental impacts resulting with the project WHEREAS, public notice of said project has been given, and the Ciry 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 Mazch 8, 2005. SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration No. 2004-10, General Plan Amendment No. 2004-06, Zone Change No. 2004-07, Tentative Condominium Map No: 32127; Residentia} Design Review No. 2004-05, and Conditional Use Permit No. 2004-14. The City Council finds and determines that the project known as the Lakeview Villas 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 that must make an MSHCP Consistency finding before approval. P:\L.alceview Villas\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2005- 26 MSHCP CONSISTENCY PAGE TWO Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the Ciry and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determintng whether it is su6ject to the Ciry s LEAP process, consistent with; Protection of Riparian/Riverine Areas and Pernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6_13), Additional Survey Needs and Procedures (MSHCP, ~ 631), Urban/YVildlands Interface Guidelines (MSHCP, ~ 6.3.2), 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 Joint Project Review process. According to the Multi-Species Habitat Conservation Plan (MSHCP), the footprint of the project site is located within the Elsinore Area Plan. This Area Plan, the County's RCIP Website (see http ~//ivww rcip org/ma~s htm), and the (MSHCP) Conservation Summary Report Generator Sheet for the Assessor Parcel Numbers (APN) identifzed on Attachment #1 (see http-//rc~ or~/PDFlib/rc~/apn search asv) show that the proposed project is located within Subunit 4, Proposed Linkage 8 and comprises a portion of Independent Cell No. 4745 of the Elsinore Area Plan and is subject to the City s Lake Elsinore's Acquisition Process (LEAP) process. Further, proposed Linkage 8 is a mejor component of one of the two main east-west connections between Core Areas in the Lake Matthews/Estelle Mountain, Alberhill and Cleveland National Forest in the western portion of the MSHCP Plan. As a result, the proposed project would be subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to correspondence dated February 12 and 23, 2005, from Helix Environmental Planning, Inc. "unvegetated drainages do not meet the definition of riparian or riverine habitat_ " More accurately, the RCA/,JPR Review notes that potential Riparian/Riverine resources, limited to an approximately 0.02 acre drainage area, are °not hydraulically connected to the proposed MSHCP Conservation Area_" Accordingly, on-site or off-site mitigation of impacts to jurisdictional waters of the United States through Army Corps of Engineers Section 404 and the California Department of Fish and Game Section 1602 processes, will achieve consistency with the reguirements of the Riparian/Riverine Areas and Vernal Pools Guidelines of Section 6.1.2 of the MSHCP P:\Lakeview Villas\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2005-~ MSHCP CONSISTENCY PAGE THREE 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. .4ccording to the Biological Assessment entitled "The Lakeview Villas Project Biological Assessment" prepared by L& L Environmental on November 12, 2004, the project site does not fall within the Narrow Endemic Plant Species Survey Areas. Therefore, habitat assessments and/or focused surveys are not required for Narrow Endemic Plant Species. The proposed project 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 project site falls within the Burrowing OwI Survey Area. However, it was determined that the species is not expected to occur on-site due to the lack of suitable habitat. To assure burrowing owls will not be impacted by pro~ect development, as a condition of project approval, a pre-construction survey will be required before grading to confirm the absence of burrowing owls, as required by the tL~SHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urbai~/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the 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 entire project site has been mapped. This mapping is sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures, the proposed projec[ is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee_ As a condition of approval, the project will be reguired to pay the City s MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for r-esidential development with a density of less than 8.O dwelling units per acre is $1,651 per dwelling unit. P:\Lakeview Villas\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2005- 26 MSHCP CONSISTENCY PAGE THREE 10. The proposed project overall is consistent with the MSHCP. The proposed project footprint complies does not preclude the implementation, procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, Califomia, that the City of Lake Elsinore Muiti-Species Habitat Conservation Plan Findings of Consistency hereof be adopted. PASSED, APPROVED AND ADOPTED this 8`h day of March 2005, by the following vote: AYES: COL7NCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, fNAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COLTNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE City of Lake APPROVED AS TO O M: QiL~/~/wt. B rbara Zeid eibold, City Attomey City of Lake Elsinore (SEAL) P:\Lalieview Villas\CC RESO MSHCP.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 8tn of March, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS: ~ c VIC~;I KASA , C C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE F.LSINORE) NONE HICKMAN NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAK~ ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2005-26 of said Council, and that the same has not been amended or repealed. DA'fE: March 29, 2005 ~ CHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)