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HomeMy WebLinkAboutCC Reso No 1990-062RESOLUTION NO. 90-62 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR A PERMIT TO ALLOW INCIDENTAL TAKE OF STEPHENS' KANGAROO RATS IN THE CITY OF LAKE ELSINORE, ADOPTING THE FINAL ENVIRONMENTAL IMPACT STATEMENT AND ENVIRONMENTAL IMPACT REPORT FOR THE PERMIT APPLICATION PROJECT AND APPROVING THE FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the Stephens' kangaroo rat was listed as an endangered species by the U.S. Fish and Wildlife Service on October 31, 1988 pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. SS1531 et seq.); and WHEREAS, the Federal Endangered Species Act prohibits the taking of any endangered species within the United States without a permit issued pursuant to Section 10 of the Act; and WHEREAS, Section 10(a) (1) (B) of the Act (16 U.S.C. SS 1539 (a) (1) (B)) provides that the U.S. Fish and Wildlife Service may permit the taking of an endangered species if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity, and if the applicant submits a conservation plan specifying the information required by Section 1539 (a) (2) (A); and WHEREAS, the County of Riverside and the City of Lake Elsinore determined it was desirable to obtain a taking permit pursuant to Section 10 (a) (1) (B) in order to allow for needed development in areas the Stephens' kangaroo rat may inhabit; and WHEREAS, Riverside County, in consultation with the U.S. Fish and Wildlife Service, has developed a Habitat Conservation Plan for the Stephens' kangaroo rat; and WHEREAS, it was determined that the provisions of the California Environmental Quality Act (CEQA) of 1970 as amended and the National Environmental Policy Act (NEPA) applied to the application for and proposed issuance of an incidental taking permit for the Stephens' kangaroo rat; and WHEREAS, it was determined that the U.S. Fish and Wildlife Service would act as Federal Lead Agency pursuant to NEPA and the County of Riverside would act as Local Lead Agency pursuant to CEQA for the permit application project; and WHEREAS, the Board of Supervisors of the County of Riverside determined, on the basis of an initial study, that a joint Environmental Impact Statement and Environmental Impact Report (EIR/EIS) was necessary to study and disclose the environmental impacts associated with the proposed permit application; and WHEREAS, a Final EIR/EIS dated March 1990 and an addendum to the EIR dated May 25, 1990 (hereafter collectively the "EIR), have been prepared assessing the potential environmental impacts associated with applying for and issuing a permit to allow the incidental take of Stephens' kangaroo rats in Riverside County in accordance with all procedures set forth in NEPA, the NEPA Guidelines, CEQA, the State CEQA Guidelines and the Riverside County Rules to Implement CEQA; and WHEREAS, the City of Lake Elsinore is a responsible agency under Section 15381 of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California: l. The Final EIS/EIR, contains a complete, objective and accurate reporting of the environmental impacts associated with the application for and issuance of a permit to allow incidental take of Stephens' kangaroo rats in Riverside County. 2. The City Council hereby adopts the Final EIS/EIR and the Addendum thereto, have been completed in compliance with CEQA, the State CEQA Guidelines and the Riverside County Rules to Implement CEQA. 3. The City Council further certifies that it reviewed and considered the information contained in the Final EIS/EIR and the Addendum thereto prior to approving the Short-term Habitat Conservation Plan for the Section 10(a) Permit (incorporated herein by reference). BE IT FURTHER RESOLVED by the City Council that the Pollowing environmental impacts are significant and that despite incorporation of specific mitigation measures to lessen such impacts, are not mitigable to a level of insignificance: 1. Bioloav - The project will allow a 4,400 acre or a twenty (20) percent reduction in occupied habitat, whichever is less, of the Stephens' kangaroo rat pursuant to the issuance of a Section 10(a) Permit. Although this impact will be mitigated through the imposition of a mitigation fee and the acquisition and management of permanent Stephens' kangaroo rat reserves, the impact of the habitat reduction cannot be mitigated to a level of insignificance. 2. Public Improvements - The project will allow the construction of public improvement facilities which will result in incidental take of Stephens' kangaroo rat Habitat. Although the twenty (20) percent or 4,400 acres habitat reduction figure cannot be exceeded and acquisition and funding of Stephens' kangaroo rat habitat will occur on a one for one basis, this effect cannot be mitigated to a level of insignificance. 3. Cumulative Impacts - The development of future projects could potentially generate the need for various new regional public works projects. Together with the current project, these projects contribute to the general level of urbanization in Western Riverside County. Thus, it is anticipated that the project as proposed, together with other past, present and planned projects in the region could have a cumulative impact on the continued existence of the Stephens' kangaroo rat. BE IT FURTHER RESOLVED by the City Council that it has balanced the benefits of the project against the unavoidable environmental impacts associated therewith in deciding to approve the project pursuant to the Statement of Overriding Considerations attached hereto as Exhibit "A'~. The City Council has determined that the benefits specified in Exhibit "A" outweigh the unavoidable environmental effects, thereby rendering those effects acceptable. BE IT FURTHER RESOLVED by the City Council that it hereby adopts the Findings and Facts in Support of Findings attached hereto as Exhibit "A" which conclude that all other environmental impacts of the project will be mitigated to a level of insignificance pursuant to mitigation measures outlined in the Final EIS/EIR. All mitigation measures as described in the Final EIS/EIR and the attached Findings and Facts in Support of Findings are hereby adopted and shall be incorporated within the project. BE IT FURTHER RESOLVED by the City Council that the following reporting and monitoring program is hereby adopted to ensure that all project mitigation measures are properly implemented: The Short-Term Habitat Conservation Plan prepared for the Stephens' kangaroo rat, the Implementation Agreement and the Memorandum of Understanding with the Department of Fish and Game (collectively the "implementing documents") contain detailed and comprehensive mitigation measures for lessening impacts to the habitat of the Stephens' kangaroo rat, including: (i) requiring daily monitoring by each City and the County of the collection of mitigation fees and of the amount and location of all habitat authorized to be taken; (ii) requiring the acquisition of one acre of suitable replacement habitat for each acre of habitat authorized to be taken; (iii) limiting the development of non-occupied habitat within reserve study areas; and (iv) establishing special accounts funded by impact mitigation Pees and administered by the Riverside County Habitat Conservation Agency (the "Conservation Agency'~) for the purpose o£ managing and operating lands acquired for Stephens' kangaroo rat reserves. the Conservation Agency will be principally responsible Por insuring that all mitigation measures set forth in the implementing documents are Pollowed and implemented in a timely manner. Pursuant to Public Resources Code Section 21091.06, the United States Fish and Wildlife Service and the Department of Fish and Game are agencies with jurisdiction by law over the Stephens' kangaroo rat and each shall have significant involvement in insuring that all mitigation measures are submit detailed reports on a monthly and quarterly basis to the United States Fish and Wildlife Service and the Department of Fish and Game to insure that the mitigation measures set forth in the implementing documents and in the Final EIS/EIR are implemented in a timely manner. BE IT FURTHER RESOLVED by the City Council that various alternatives to the project were evaluated in the Final EIS/EIR and rejected as infeasible for reasons specified in the Final EIS/EIR and in the attached Findings and Facts in Support of Findings (Exhibit "A"). The City Council hereby adopts the Findings attached as Exhibit "A: with regard to these alternatives. BE IT FURTHER RESOLVED by the City Council that the project of applying for a permit to allow incidental take of Stephens' Kangaroo rats in Riverside County is hereby approved and that the EIS/EIR prepared for this project is hereby adopted as final. BE IT FURTHER RESOLVED by the City Council that a Notice oP Determination will be filed within five working days of project approval. PASSED, APPROVED AND ADOPTED this 26th day of June, 1990, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 6UCK, STAR,KEY, WASHBURN NONE DOP9IPJGUEZ, 41INKLER PlONE . Washburn, Mayor of Lake Elsinore AT c~S[[ : ~ ~ Vicki Lynne I sad, City Cler City of Lake lsinore SEAL APPROVED AS TO FORM AND LEGALITY: . \~I A ,,,~ (11~Y John Harper, C~ty Attorney City of Lake sinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council o£ the City of Lake Elsinore at a regular meeting of said Council on the 26th day of June, 1990, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER ABSTAIN: COUNCILMEMBERS: NONE C_,CA~~y~~ ' (`\ lC~v,~a=~~C1' VICKI LYNNE KASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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. 90-62 of said Council, and that the same has not been amended or repealed D ED: June 28, 1990 ~P~~ ~~~~~ C~I~I _L~YNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL)