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HomeMy WebLinkAboutCC Reso No 2005-156RESOLUTION N0.2005-156 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 NO. 31593 WHEREAS, SouthShore Properties, LLC, has submitted application(s) for Mitigated Negative Declaration No. 2005-08, and Tentative Tract Map No. 31593; and WHEREAS, Mitigated Negative Declaration No. 2005-08, and Tentative Tract Map No. 31593 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 November 8, 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. 2005-08 and Tentative Tract Map No. 31593. The City Council finds and determines that the project identified as Tentative Tract Map No. 31593 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 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 CITY COUNCIL RESOLUTION NO. 2005-156 Page 2 of 4 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), Guidelines Pertaining to Urban/Wildland Interface (MSHCP, ,¢ 6.1.4), 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. 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://www.rcip.or~aps.htm), and the (MSHCP) Conservation Summary Report Generator Sheet for the area show that the proposed project is located within Subunit 5, Proposed Core 1 and comprises a portion of Cell Groups A', B' and Z' of the Elsinore Area Plan and is subject to the City's LEAP process. The proposed project is located within Cells 4276 and 4367 of the MSHCP. Conservation within the Cell Groups will focus on chaparral, coastal sage scrub, riparian scrub and woodland and forest habitat. As a result; the proposed project has been 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. The Riverside fairy shrimp is not expected to occur on the proposed Project site due to lack of suitable habitat. 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 fall within the Narrow Endemic Plant Species Survey Areas. Therefore, a habitat assessment was required for Narrow Endemic Plant Species. The assessment was prepared by Michael Couffer, a consulting ecologist, in October 2003 for Bon Terra Consulting. 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. The project site falls within the Burrowing Owl Survey Area. A burrowing owl survey was conducted by Helix Environmental Planning, Inc. in late January 2004, for the CITY COUNCIL RESOLUTION NO. 2005-156 Page 3 of 4 winter portion, and late April early May 2004 for the nesting portion of the survey. No burrowing owls were detected during either survey. This survey was conducted in accordance with the California Department of Fish and Game (CDFG 1995) field protocol. Prior to issuance of a grading permit, the applicant shall conduct a burrowing owl presence/absence survey. If no burrowing owls are found and other biological mitigation measures have been satisfied, the proposed Project may proceed. However, if the species is found onsite, the applicant shall develop and implement a burrowing owl mitigation plan for protection of the species in compliance with CDFG Protocol. 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 sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project will be 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 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. CITY COUNCIL RESOLUTION NO. 2005-156 Page 4 of 4 SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 80' day of November 2005, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS A Frederick Ray, Clerk BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE e City of Lake Elsie ara Zeid L ibold, City Attorney of Lake sinore