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Home My WebLink AboutCC Reso No 2005-058 RESOLUTION NO. 2005- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABIT AT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2005-01, AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, AND TENTATIVE TRACT MAP NO. 32077, LOCATED AT APN 363-020-008. WHEREAS, La Strada Partners, LLC has submitted applications for General Plan Amendment No. 2005-01, Amendment No.3 to the Canyon Creek Specific Plan No. 85-1, and Tentative Tract Map No. 32077, located northeast of Interstate 15, approximately one mile west of Canyon Lake, west of Summerhill Drive, south of Greenwald, and south of the extension of La Strada Road, adjacent to Tuscany Hills to the east, and known as Assessor's Parcel Number 363- 020-008; WHEREAS, General Plan Amendment No. 2005-01, Amendment No.3 to the Canyon Creek Specific Plan No. 85-1, and Tentative Tract Map No. 32077 together comprise 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 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,' the Planning Commission of the Gty of Lake Elsinore at a regular meeting held on June 21, 2005, made its report upon the desirability of the proposed project and made its recommendation in favor by adopting Planning Commission Resolution No. 2005-59 recommending to the Gty Council adoption of Findings of Consistency with the Multi-Species Habitat Conservation Plan for the project; WHEREAS, public notice of said project has been given, and the Gty 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 June 28, 2005; NOW TIffiREFORE, the Gty Council of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SE CTI ON 1. The Gty Council has considered the proposed General Plan Amendment No. 2005-01, Amendment No.3 to the Canyon Creek Specific Plan No. 85-1, and Tentative Tract Map No. 32077. The GtyCouncil finds and determines that the project known as "La Strada" is CITY COUNCIL RESOLUTION NO. 2005-58 MSHCP CONSISTENCY PAGE TWO consistent with all of the required procedures, policies, guidelines and provisions of the MSHa> based on the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the Oty's MSHa> Resolution, and the Oty must make an MSHa> Consistency finding before approval. The prr;paed projoct requires a nurrber cf discretionary apprauds from the City am is subject to CE QA reUew Pursuant to the City's MSHCP Resdution, the project must Ix: rerieued far MSHCP consistency, consistent Wth the Prr.tation cf Species Associated Wth RiparianlRiwine A reas am vemal Pal Guidelines (MSHCP, ~ 6.1.2), Prr.tation cf NanvwEndemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Sun.ey Needs and Prrxaiures (MSHCP, ~ 6.3.2), Urb:tnlWzldlarrls Inter/cue Guidelines (MSHCP, ~ 6.1.4), VefFatWn Mapping (MSHCP, ~ 6.3.1) requirerrertts, Fuels Manawrmt Guidelines (MSHCP, ~ 6.4), and paynwt cf the MSHCP La:al Der.eloprrenr MitifPtWn Fee (MSHCP Ordinance, ~ 4). 2. The proposed project is subject to the Oty's LEAP and the County's Joint Project Review processes. The project site is Wthin Cell 4456 cfCelI Gmtp eB' in Subunit 5 cf the Lake E lsinare A rea Plan, am therefore, subject to the City's LEAP am the OMnty's Joint Project Reliewpra:esses. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No 7J?r!1Cll pal/fairy shrirrp habitat occurs onsite I rrpadS 'iimid result to apprax irrntely 0.1 acre cf southern Wilaw scrub as part cf the La Strada Raul onsite construaion. The prr;paed project Wil Ix: cunditiorRi to prepare a Determination cf Bido/Jcally E quiudent ar Superior PreseruztWn (DE BSI1 anal)5is far redewand ctpprm.al by the City prior to d:Jtaining a gradingpemit far the project. The prr;paed project is therefore consistent wth the RiparianlRiwine A reas and Vemal Pais Guidelines. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The projoct site das not fall wthin the N anvw Endemic Plant S pedes Surrey A reas. Therrfore, habitat assessrmIts arxi/ ar focused Suru!)5 are not required far N anvw Endemic Plant Species. The prr;paed project is therefore consistent wth the Prr.tation cf N anvw Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site falls Wthin the Bumming OW Surrey A rea. A bumming md surrey has been ronducted by HE LIX E mironrrmtal Plannir/& Inc Wth negltiu: results. The project is therefore consistent Wth the CITY COUNCIL RESOLUTION NO. 2005-58 MSHCP CONSISTENCY PAGE THREE Additional Suney Needs Requirel1'l?l1tS. No ether Criteria A rea Species (NE PSSA) or Narrow Endemic Species (C4 SSA) sunE)5 are required, and all NE PSSA and C4 SSA requirel1'l?l1tS haw tren m!t. 6. The proposed project is consistent with the Urban/WIldlands Interface Guidelines. The fdlcming nwsures Wil be inplerrmted by the prqoct to minimize the identijiRd paential indirect inpcuts, indudin(; . A II prqoct nmcff Wil be treated prior to ex iting the site to reduce tax ins. . Detention basins propaed Wthin the prqoct fW:print Wil ensure that there is no increase in flalRJ from the prqoct into MSHCP Consenntion A reas. . A II prqoct lifi1ting W1l be required to be selectiudy placed, directed and shielded awty from presened habitats. In addition, 1d'Yf! spalifi1t-type lwkymllifi1ting directed into consened habitat Wil be prOOibited . No plants induded in Table 6-2 if the MSHCP Wil be used anyW;ere on the site, and only natiw species Wil be pldnted adjacent to open spaa! areas. A list if prrlJibited species Wil be prmidid to horrWu)ers. . The propaed prqoct has tren dRsigp?d so that no additional take if consened habitat Wil be necessary for fUel rrrxlification purpaes. . Marrufaaured slopes associated Wth the propaed site derelaprrmt uill na extend into the MSHCP consenntion area. The propaed prqoct is therefore consistent Wth the UrlxtnlWzldlands Inteiface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The ~tion if the entire prqoct site has tren rmpped consistent Wth MSHCP rmppingpraari and has tren prmidid in digjtal fCJrJnlt to the City. This rmpping is sujJicient under the MSHCP and is consistent Wth the MSHGJ ~tion rmpping requirel1'l?l1tS. 8. The proposed project is consistent with the Fuels Management Guidelines. The propaed prqoct has tren dRsigp?d to indude Idndscape buffers on the uestern edg? if the dereloprrent boundary near the propaedMSHCP ConsenntionA rea that Wil sene as Fuel Malification Zore; to the residential dereloprrmt. Wzthin these areas there Wil be fire-resistant, 11OJ1;-inmsiw plants that haw tren utilized from the list contained Wth the MSHCP Ordinance and haw tren reUeoo:l by the City's Fire Departrrmt. A II fuel rmnatprmt areas occur aftside if the MSHCP Consenntion A rea. A a:ordirrif,y, Wth these nwsures, the propaed projoct is therefore consistent Wth the Fuels Manatprmt Guidelines. CITY COUNCIL RESOLUTION NO. 2005- 58 MSHCP CONSISTENCY PAGE FOUR 9. The proposed project will be conditioned to pay the Otis MSHa Local Development Mitigation Fee. As a amdition if appraud, the prqect Willx: required to pay the City's MSHCP La:al Der.elopmmt M itifFtion Fee at the tim! if issuana: if building pemits. The ament fee for residential der.eloprrmr Wth a density if less than 8.0 duelling units per acre is $1,651 per duelling unit. This is consistent Wth the MSHCP M itifFtion Fee requirerrmt. 10. The proposed project overall is consistent with the MSHa. The MSHCP shous that the prqect site is Wthin Cell 4456 if Cell Gratp B' in Subunit 5 if the Lake Elsinore A n'a Plan OJnseruttion Wthin this Cell Gratp is intended to contrihute to the asserrhly if Prr:JjXSed L inkag: 8. OJnseruttion Wthin the Cell Gratp Wil fOOlS an chaparral, C()1Stal sag: scruh, am grassland habitat A n'aS conseruxl Wth the Cell Gratp Wlllx: connected to C'CXlStal sag: scruh am chaparral habitat profJaed for conseruttion in Cell Gratp A' to the nonh and Cell Gratp C to the satth. OJnseruttion Wthin the Cell Gratp Wil ra"if from 70 to 80 perrmt if the Cell Gratp, fOOlSing in the eastern portion if the Cell Gratp. Because the eastern side if the property to the nonh 7.WUld Ix: der.eloped, conseruttWn if the €X trem: eastern portion if Cell Gratp Wthin Wich the La Strada prqect is located 7.WUld na contrihute to connecti'lity to the nonh. In retaining the nortlneest to sattheast connecti7ity, the ?rat effectiw 7mJ to rruintain connecti'lity is to shift conseruttion in Cell Gratp B' t07.mrd the central portion if the Cell Gratp. Locating deudoprrmt in the eastern portion if the Cell Gratp (adjacent to €X isting der.eloprrmr to the east and profJaed der.eloprrmr to the nonh) 7.WUld also ninimize the arrmnt if edg: ~ deudoprrmt and the Habitat Presen.e. The profJaed deudoprrmt wrlif!f'Tation 7.WUld prudde connectiuty to €Xisting Habitat Preserre in the central portion if the Cell Gratp to the satth (C) and narrow; tOT.mrd its southern end to rruximize connecti'lity to lands that rmy Ix: conseruxl in the €Xtrem: eastern portion if Cell Gratp C in the future. The profJaed prqect wrlif!f'Tation 7.WUld preserre ctfJ!TrrKirrutely 75.5 aaB if RhersUkan sag: scrub. Based an the wrlif!f'Tation if the conseruttion as c/escriJ,W, abau:, the prqect addresses the relemnt bidcrgjcal issues and considerations if the subunit by: . Prmiding a nortlneest-sattheast connection along the hills ~ Estelle M amtain and Sedro Hills, indudmgpctentiallinkag: habitat for C()1Stal California gnatratxher; . Prmiding core and linkag: habitat for the bdxat, Stephens' ka11fJlroo rat, and Qdno dxxkerspa butterfly. Thus, the project prmides effectiw conseru:ttWn an the prqect site to m:et the bidngjcal issues and considerations if the MHSCP, and the prqect is therrfore consistent Wth 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. CITY COUNCIL RESOLUTION NO. 2005- 58 MSHCP CONSISTENCY PAGE FIVE SECfION 2. PURSUANTT01HE ABOVE FINDINGS, the GtyCouncilofthe Gtyof Lake Elsinore, California, DOES HEREBY RESOLVE that General Plan Amendment No. 2005- 01, Amendment No.3 to the Canyon Creek Specific Plan No. 85-1, and Tentative Tract Map No. 32077 are consistent with the Multi-Species Habitat Conservation Plan. PASSED, APPROVED AND ADOPTED, this 28th day of June, 2005 by the following vote: AYES: COUNOLMEMBERS: Buckley, Hickman, Kelley, Schiffner, Magee NOES: COUNOLMEMBERS: None ABSENT: COUNOLMEMBERS: None ABSTAIN: COUNOLMEMBERS: None APPROVED AS TO FORM: ~'))tw~ Barbara Leibold, Gty Attorney (SEAL)