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HomeMy WebLinkAboutCC Reso No 2005-126RESOLUTION N0.2005-126 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 COTTAGE LANE SPECIFIC PLAN LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES WHEREAS, Bart Hornstein, Wesco Homes, has submitted application(s) for Mitigated Negative Declaration No. 2005-02, Specific Plan No. 2004-01, Tentative Tract Map No. 32996; and Residential Design Review No. 2005-06, for the "Cottage Lane Specific Plan"; and WHEREAS, Mitigated Negative Declaration No. 2005-02, Specific Plan No. 2004-O1, Tentative Tract Map No. 32996; and Residential Design Review No. 2005-06 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; and WHEREAS, a Mitigated Negative Declaration for the subject project has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said project 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 August 23, 2005. 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 Mitigated Negative Declaration No. 2005-02, Specific Plan No. 2004-01, Tentative Tract Map No. 32996, and Residential Design Review No. 2005-06. The City Council finds and determines that the project lrnown as the Cottage Lane Specific Plan is consistent with all of the required CITY COUNCIL RESOLUTION N0.2005-126 Page 2 of 4 procedures, policies, guidelines and provisions of the MSHCP based on the following findings: 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with 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, § 6.3.2), 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. The footprint of the project site is not located within an MSHCP Criteria Area, and therefore, would not be subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No riparian, riverine, vernal pool/fairy shrimp habitat and other aquatic resources were identified on the proposed project site. As a result, no further MSHCP analysis or conservation measures are required. The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site does not fall within the Narrow Endemic Plant Species Survey Areas. Therefore, a habitat assessment is not required for Narrow Endemic Plant Species. The proposed project has been determined to be consistent with .the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. CITY COUNCIL RESOLUTION N0.2005-126 Page 3 of 4 The project site does not fall within the Burrowing Owl Survey Area. In addition, it was determined that the species is not expected to occur on-site due to the lack of suitable habitat. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project does not preclude the Urban/Wildlands Interface Guidelines, in that the proposed project does not interface with an Urban/Wildlands area. The project site is not within or adjacent to any MSHCP criteria or conservation areas. 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. In addition, a habitat assessment was conducted for compliance with the MSHCP. The project site is not within or adjacent to any MSHCP criteria or conservation areas. The project site does not provide riparian/riverine or vernal pool habitat. The project site currently consists of undeveloped land that has been highly disturbed through weed abatement and agricultural practices. No sensitive plant or animal species were identified as potentially occurring onsite during the habitat assessment. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project does not preclude the Fuels Management Guidelines of the MSHCP. Accordingly, the proposed project 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 required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The proposed project overall is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION N0.2005-126 Page 4 of 4 PASSED, APPROVED AND ADOPTED this 23`d day of August 2005, by-the following vote: AYES: COUNCILMEMBERS: BUCKLE, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE // t ~ Robert E.Magee, Mai City of Lake Elsinore A Frederick y, City Clerk City of La e Elsinore AS TO Ba~Gara Zeid Leil,6ld, City Attorney City of Lake Elsinore