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Home My WebLink AboutResolution - 2479 E2anBrf H STATE OF CALIFORNIA ) RESOLUTION NO. 2479 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. TITLE This Resolution shall be known as the"Western Riverside County Multiple Species Habitat Conseriation Plan Implementation Policy" SECTION II. FINDINGS AND PURPOSE A. The City Council finds that the ecosystems of the City of San Jacinto("City") and/or western Riverside County and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; these vegetation communities and natural areas contain habitat value which contributes to the region's environmental resources; and special protections for these vegetation communities and natural areas must be established to prevent future. eridangerment of the plant and animal species that are dependent upon them. This Resolution will protect the City's and the region's biological resources, vegetation communities, and natural areas, and prevent their degradation and loss by guiding development outside of biological resource core areas, and by establishing mitigation standards which will be applied to development projects_ Adoption and implementation of this Resolution will enable the City to achieve the conservation goals set forth in the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), to implement the associated Implementing Agreement executed by the City Council on October 16, 2003, and to presence the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy ,act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act "FESA"), the California Endangered Species Act("CESA"), the v�uarmto fi s�so .x dbit r - Page 1 California Natural Community Conservation Planning Act ("NCCP Act"), and r - other applicable laws. l B. The purpose and intent of this Resolution is to maintain and restore biological diversity and the natural ecosystem processes which support this diversity, to protect vegetation communities and natural areas within the City andlor western Riverside County which support species covered under the MSHCP; to maintain a future of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and to protect the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP. SECTION Ill. APPLICATION OF REGULATIONS Except as provided in Section IV, this Resolution shall apply to all land within the City shown on the MSHCP Plan Map, attached as Exhibit"l." Upon application to the City for a development project, an applicant shall be required to comply with the procedures set forth in this Resolution. Upon the City's initiation of a project that is subject to CECA, the City shall be required to comply with the procedures set forth in this Resolution. No project requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP shall be approved by the City, and no City- initiated public project shall be undertaken, unless the project is consistent with the . MSHCP and this Resolution. SECTION Ill. EXEMPTIONS This Resolution shall not apply to the following: A. The adoption or amendment of the City's General Plan. B. The adoption or amendment of any land use or zoning ordinance. C. Any project for which and to the extent that a vesting tentative rnap pursuant to the Subdivision Map Act, or a development agreement pursuant to Government Code sections 86864 et seq., approved or executed prior to adoption of this Resolution, confers vested rights underthe City's ordinances or state law to proceed with the project notwithstanding the enactment of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. C. Any project for which the City Council determines that appiication of ti pis Resolution would result in the propel F owner being deprived of all y reasonable -economic use of the property in violation of federai of state RvPr.:MMM655750 Bxi7feit Y- Page 2 constitutional prohibitions against the taking of property without just r - compensation. SECTION V. PROCEDURES A. The City shall implement the requirements for private and public project contributions to the MSHCP Conservation Area as set forth in MSHCP, by electing to comply with one of the following: 1. The City shall implement the Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Process ("HANS"); or 2. Upon receipt of a completed application for a project that is subject to this Resolution, or prior to the City's initiation of a project, the City shall determine whether all or a portion of the real property for the project is located within the boundaries of the Criteria Area. If the City determines that all or a portion of the real property for the project is located within the Criteria Area, then the City shall perform the following: a. Determine the design criteria applicable to the project based on the particular USOS section, quadrant, andfor cell grouping in which the project property is iocated, as set forth in Section 3.2 of the MSHCP; and b. impose as a condition to the City's approval of the project such conditions as are necessary to ensure the project complies with and implements the design criteria applicable to the project. B, The City shall implement the requirements for the Protection of Riparian/Riverine Areas and Vernal Pools set forth in Section 8.1.2 of the MSHCP in the following manner: 1. As part of the CEQA raview of the project, the property owner shall comply, or the City shall comply if the project is City-initiated, with the surveying, mapping, and documentation procedures set fcrth in Section 6.1.2 of the MSHCP for Riparian/Riverine Areas and Vernal Pools on the project property; and 2. Based on the documentation prepared for the project, the City ;Hall impose as a condition to the City's approval of the project such conditions as are necessary to ensure the project complies with and implements the policies for the Protection of RiparianlRiverine Areas and Vernal Pools set forth in Section 5.1.2 of the MSHCP. e��van�csss��n E-xbribit Tri - Pagc 3 i C. The City shall implement the requirements for the Protection of Narrow Endemic Plant Species set forth in Section 6.1.3 of the MSHCP in the ` following manner 1. As part of the CEQA review of the project, the property owner shall comply, or the City shall comply if the project is City-initiated, with the site-specific focused survey procedures set forth in Section 6.1.3 of the MSHCP; and 2. Based on the site-specific focused surveys prepared for the project, the City shall impose as a condition to the City's approval of the project such conditions as are necessary to ensure the project complies with and implements the Narrow Endemic Plant Species policies set forth in Section 6.1.3 of the MSHCP. D. The City shall impose as a condition to the City's approval of a project such conditions as are necessary to ensure the project complies with and implements the UrbanNV*Hdlands Interface Guidelines setforth in Section 6.1.4 of the MSHCP. E. The City shall impose as.a condition to the City's approval of a project suer: conditions as are necessary to ensure surveys are prepared for the project as required by Section 6.3.2 of the MSHCP. F. Pursuant to Section V of this Resolution and the MSHCP, the City may transfer any property interest acquired or obtained in fee title or as a conservation easement to the Western Riverside County Regional Conservation Authority for management. The City may also grant a conservation easement to the California Department of Fish and Game for any property interest obtained pursuant to Section V of this Resolution, A Sample conservation easement is attached as Exhibit "2." SECTION VI. DEFINITIONS For purposes of this Resolution, the following terms shall have the meaning set forth herein: A. "Area Plan" ^leans the .sixteens areas designated for purposes of providing ar crganizstional framework for the Criteria Area, and for purposes of developing specific design criteria that will be utilized in assembling land within the Criteria Area that will become a part cf the IVIS1 ICP Can serration Area. B. "Criteria Area" rs�eans the general area oesignatad and dencted on =he �rISHCP Plan Map as the "Critana area," cornprisad of approximately zv�li ego ass sa ;;bjbi I- IT - Pag 4 310,000 acres from which new habitat conservation within the MSHCP r Conservation Area will be assembled. C. "MSHCP" means the Western riverside County Multiple Species Habitat Conservation Plan. D. "MSHCP Plan Map" means the map of the area encompassed by the MSHCP as set forth in the attached Exhibit "1." E. "Project" means any action or activity that is subject to the City's ministerial or discretionary approval, or any action or activity undertaken directly by the City, for the purpose of developing or improving real property, including, but not limited to, the following: the sale, purchase, or lease of City-owned property; the approval of a tentative subdivision map; the issuance of a license, permit, certificate, variance, or otherentitiement for the development or improvement of real property, including the clearing or grading of real property (except for weed or fire hazard abatement); and the construction or improvement of streets, water, sewer, or other public facilities or public works. SECTION VIL EFFECTIVE DATE The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and th e Resolution shall take effect and shall become effective upon receipt of appropriate RCA organization and indemnification. PASSED, APPROVED, AND ADOPTED, this 16th day of October, 2003. City of San Jacinto <::D A ., P?Amywr—e ayor ATTEST: rothy L. Ch uirard, City Clerk APPPOVED OF AS TO FORM: City Attorney Best Best & Krieger i_I_P .ru..o- __ - . agz 3 EXMIT "I" IS THE MSHCP PLAN MAP WHICH is ExHiBiT "A" TO TiiE r IMPLEMENTING AGREEMENT Ex HBff 112" IS THE MODEL CONSERVATION EASEMENT R'1PUBl�4C1E5575� &dljb1! H - pawn O STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) CERTIFICATION I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, California, do hereby certify that the foregoing Resolution No. 2479 was approved and adVed at a regular meeting of the City Council of City of San Jacinto held on the 16 day October, 2003, by the following vote.- Ayes: Ayres, Carlson-Buydos, Conner, Shaw, Stubblefield Nays: None Absent: None Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 17th day of October, 2003. orothy L. T uinard, City Clerk