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HomeMy WebLinkAboutCC Reso No 2010-050RESOLUTION NO. 2010-050 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING 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 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 July 27, 2010. 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 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 City Council 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 exempted the Developer from responsibility for any new development impact fees. The Development Agreement was amended by Amendment No. 1 dated January 12, 2010, approved by Ordinance No. 1270 which extends the project's exemption from MSHCP requirements. CITY COUNCIL RESOLUTION NO. 2010-050 PAGE 2 OF 4 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. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Entitlements, the City Council finds that the Entitlements are exempt from the MSHCP. CITY COUNCIL RESOLUTION NO. 2010-050 PAGE 3OF4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 27th day of July 2010, by the following vote: a. 74~z "I' MELISSAA. MELENDEZ MAYOR A INTERIM CITY CLERK APPROVED AS TO FORM: &Wj ZW~4 B RBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION NO. 2010-050 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-050 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of July 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE INTERIM CITY CLERK