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Home My WebLink AboutCC Reso No 2004-75RESOLUTION NO. 2004- 75 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 ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004-09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(s) 349-400-005, 349-430-Oll & 012 AND A PORTION OF 349-430-006. WHEREAS, an application, authorized by Jack and Betty Luster and Everada Memtt (Property owners), filed by Dave Mello, Centex Home-Inland Empire has submitted application(s) for Annexation No. 71, General Plan Amendment No. 2004-09, Zone Change No. 2004-04 and Vesting Tentative Tract Map No. 32503, located southerly of State Highway 74 (SR-74), on the north and south sides of Riverside Street, bordered on the east by the City Limits and the Ramsgate Specific Plan, Assessor Parcel Number(s) (APN) 349-400-005, 349-430-Oll & 012 and a portion of 349-430-006. WHEREAS, Annexation No. 71, General Plan Amendment No. 2004-09, Zone Change No. 2004-04 and Vesting Tentative Tract Map No. 32503 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, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Departrnent and other interested parties at a public hearing held with respect to this item on December 14, 2004. SECTION 1. The City Council has considered the proposed Annexation No. 71, General Plan Amendment No. 2004-09, Zone Change No. 2004-04 and Vesting Tentative Tract Map No. 32503. The City Council finds and determines that the project known as the Memtt/Luster Annexation (Annexation 71) 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. P:~IVlemtt Luster Annexation\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2004- ~5 MSHCP CONSISTENCY PAGE TWO Pursuant to the City's MSHCP Resolution, because the proposed project reguires 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 I~ernal 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), i~egetation 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 not subject to the Joint Project Review process. The footprint of the project site has been modifed to avoid the MSHCP Criteria Area, and therefore, does not now fall within the Criteria Area. This has been made a condition of approval. As a result, the proposed project 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 propased 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, 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 Ende»zic 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. 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 project 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 MSHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. 'I'he proposed project is consistent with the UrbanJWildlands Interface Guidelines. P:~NIemtt Luster Annexation\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2004- 75 MSHCP CONSISTENCY PAGE THREE 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 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 reguired to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential deveZopment with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 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 Ciry'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. 1. 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. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions ofApproval and Mitigation Monitoring Program. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore Multi-Species Habitat Conservation Plan Findings of Consistency hereof be adopted. P:~IVIemtt Luster Annexation\CC RESO MSHCP.doc CITY COUNCIL RESOLUTION NO. 2004- 75 MSHCP CONSISTENCY PAGE FOUR PASSED, APPROVED AND ADOPTED this 14`h day of December 2004, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COLJNCILMEMBERS: NoNE ABSENT: ABSTAIN: COLTNCILMEMBERS: NoNE C'(IiTN('TT.MRMRF.RS- NnNF. EST: 0 Vicki Lynne asad, City Clerk City of 1 (SEAL) City Attorney P:~Ivlemtt Luster Annexation\CC RESO MSHCP.doc VICINITY MAP ANNEXATION NO. 71 ~ UlCINITY MAP n~. r.s STATE OF CALIFOItNIA ) 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 14n of December, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABS AIN: COUNCILMEMBERS: -~- 6~~ -~I VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) HICKMAN, KELLEY, MAGEE, SCHIFFNER,BUCKLEY NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-75 of said Council, and that the same has not been amended or repealed. DAT : December 22, 2004 ~ ~~"~, ° -~ ~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)