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HomeMy WebLinkAboutCC Reso No 2005-131RESOLUTION N0.2005-131 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 IDENTIFIED AS TENTATIVE TRACT MAP N0.31957 WHEREAS, John Ford, Fortland Development, has submitted application(s) for Mitigated Negative Declaration No. 2005-06, and Tentative Tract Map No. 31957; and WHEREAS, Mitigated Negative Declaration No. 2005-06, and Tentative Tract Map No. 31957 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 September 13, 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. 2005-06, and Tentative Tract Map No. 31957. The City Council finds and determines that the project identified as Tentative Tract Map No. 31957 is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following findings: 1. The proposed project is a project under the City's adopted MSHCP Program that mandates MSHCP Consistency findings before approval. Pursuant to the City's adopted MSHCP Program, 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 the project is subject to the City's LEAP CITY COUNCIL RESOLUTION N0.2005-131 Page 2 of 4 TTM 31957 FINDINGS OF CONSISTENCY MSHCP process and consistent with the: 1) Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~' 6.1.2); 2) Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3); 3) Additional Survey Needs and Procedures (MSHCP, § 6.3.2); 4) Urban/Wildlands Interface Guidelines (MSHCP, ,¢ 6.3.2); S) Vegetation Mapping (MSHCP, § 6.3.1) requirements; 6) 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 located within an MSHCP Criteria Area, and is therefore subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Consistent with definition of riparian/riverine areas and the requirements contained in Section 6.1.2 (Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools) of the Multiple Species Habitat Conservation Plan (MSHCP) the applicant has been conditioned to prepare, submit and receive approval of a Determination of Biologically Equivalent or Superior Preservation (DBESP) from the applicable wildlife agency prior to the issuance of a grading permit. Staff has also required that the DBESP be allowed the full sixty (60) day review period identified in the MSHCP. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site does fall within the Narrow Endemic Plant Species Survey Area. Therefore, a habitat assessment was 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. Although the MSHCP Conservation Summary Generator Report indicated that the project site does not fall within the Burrowing Owl Survey Area, a search for burrowing owl suitable habitat, individuals, and occupied or unoccupied burrows was performed (See MND 2005-06, Page 59). No burrowing owls were detected onsite. In addition, it was determined that the species is not expected to CITY COUNCIL RESOLUTION N0.2005-131 Page 3 of 4 TTM 31957 FINDINGS OF CONSISTENCY MSHCP 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. 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 suff cient 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 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 is consistent with all MSHCP requirements. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's adopted MSHCP Program. The applicant has made revisions to the project or has agreed to specific conditions that will avoid the effects or mitigate the effects of the project to a level where no significant effects will occur. CITY COUNCIL RESOLUTION N0.2005-131 Page 4 of 4 TTM 31957 FINDINGS OF CONSISTENCY MSHCP PASSED, APPROVED AND ADOPTED this 13~' day of September 2005, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Robert E. M City of Lake ATTEST City Clerk City of Lake AS Attorney of Lake