HomeMy WebLinkAboutPC Reso No 2010-029RESOLUTION NO. 2010-29
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF
FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS
SPECIFIC PLAN AMENDMENT NO. 3 IS CONSISTENT WITH THE
WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
WHEREAS, an application has been filed with the City of Lake Elsinore by
Pardee Homes, for the Canyon Hills Specific Plan Amendment No. 3 ("the Project"),
located within the Canyon Hills Specific Plan Project Area (the "Site"); and
WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing
Resolution expressly exempts from the MSHCP:
Any project for which and to the extent that vested rights to proceed with
the project notwithstanding the enactment of this Resolution exist under
the common laws of the State of California, a vesting tentative map
pursuant to the Subdivision Map Act, a development agreement pursuant
to Government Code section 65864 et seq., or other instrument, approved
or executed by the City prior to adoption of this Resolution. Projects
subject to this exemption must comply with all provisions of any applicable
state and federal law.
WHEREAS, public notice of the project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on June 15, 2010.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the Project and its
consistency with the MSHCP "Plan Wide Requirements" prior to making a
recommendation that the City Council adopt Findings of Consistency.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission makes the following findings:
1. The Project is a project under the City's MSHCP Resolution, and the City must
make an MSHCP Consistency finding before approval.
The Project is exempt from the City's MSHCP Resolution. On July 9, 1990, the
City and Pardee-Grossman/Cottonwood Canyon entered into that that certain
development agreement (the "Development Agreement'), which expressly
PLANNING COMMISSION RESOLUTION NO. 2010-29
PAGE 2OF4
exempted the Developer from responsibility for any new development impact
fees. The Development Agreement will expire on July 9, 2010.
Even though the Project is exempt from the MSHCP, the Developer must comply
with other state and federal laws. Consistent with federal law, the applicant had
prepared a project-specific Habitat Conservation Plan and has a history of
extensive coordination with the wildlife agencies. Where approved for
development, the project site has already been graded, cleared, or developed in
accordance with the Project HCP. Given the foregoing, no further action
regarding the MSCHP is required.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
See Response #1 above.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
See Response #1 above.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
See Response #1 above.
5. The proposed project is consistent with the Urban/Wildlands Interface
Guidelines. -
See Response #1 above.
6. The proposed project is consistent with the Vegetation Mapping requirements.
See Response #1 above.
7. The proposed project is consistent with the Additional Survey Needs and
Procedures.
See Response #1 above.
8. The proposed project is consistent with the Fuels Management Guidelines.
See Response #1 above.
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
Developer is exempt from payment of the City's MSHCP Local Development
Mitigation Fee by virtue of the Development Agreement.
10. The proposed project is consistent with the MSHCP.
See Response #1 above.
PLANNING COMMISSION RESOLUTION NO. 2010-29
PAGE 3 OF 4
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 15th day of June 2010, by the
following vote:
my Flores, Chairman
Jiity of Lake Elsinore
ATTEST:
bert A. Brady
ity Manager
PLANNING COMMISSION RESOLUTION NO. 2010-29
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2010-29 was adopted by the Planning
Commission of the City of Lake Elsinore at a regular meeting held on the 15th day of
June 2010, and that the same was adopted by the following vote:
AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER
MENDOZA, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
obert A. Bra
City Manager