HomeMy WebLinkAboutCC Reso No 2011-003 City Council ResoRESOLUTION NO. 2011 -003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE
PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore
requesting approval of Vesting Tentative Tract Map No. 36115, which subdivides
approximately 124 acres of land within the Canyon Hills Specific Plan into 341 lots, (293
single - family residential; 20 streets; 10 slopes and landscape; 3 open space; 2 basins; 1
paseo; and 1 lettered lot for a sewer lift station) (the "Subdivision "); and
WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects
within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ")
and Joint Project Review ( "JPR ") to analyze the scope of the proposed development
and establish a building envelope that is consistent with the MSHCP criteria; and
WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake
Elsinore adopt consistency findings demonstrating that the proposed discretionary
entitlement complies with the MSHCP cell criteria, and the MSHCP goals and
objectives; and
WHEREAS, pursuant to Lake Elsinore Municipal Code Section 16, requests for
subdivision of land are a discretionary action to be considered, reviewed, and approved,
conditionally approved or denied by either the Lake Elsinore Planning Commission
and /or the City Council; and
WHEREAS, the City Council has considered the recommendation of Planning
Commission following its consideration on December 7, 2010, as well as evidence
presented by the Community Development Department and other interested parties at a
public hearing held with respect to this item on January 11, 2011.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the Subdivision and its
exemption from the MSHCP "Plan Wide Requirements" prior to making findings that the
project is indeed exempt.
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 Subdivision is exempt from the City's MSHCP Resolution. On July 9, 1990,
the City and Pardee - Grossman /Cottonwood Canyon entered into that certain
CITY COUNCIL RESOLUTION NO. 2011 -003
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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.
Even though the Subdivision 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.
CITY COUNCIL RESOLUTION NO. 2011 -003
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10. The proposed project is consistent with the MSHCP.
See Response #1 above.
SECTION 3. Based upon the evidence presented, the City Council hereby
adopts the findings above regarding the Project's consistency with the MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 11th day of January, 2011.
L :)2 —
AMY BHU
MAYOR
ATTEST:
CAROL COWLEY
INTERIM CITY CLERK
APPROVED AS
CITY ATTORNEY
CITY OF LAKE ELSINORE
CITY COUNCIL RESOLUTION NO. 2011 -003
PAGE 4 OF 4
I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2011 -003 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 11th day of January 2011, and that
the same was adopted by the following vote:
AYES: COUNCIL MEMBERS: HICKMAN, MELENDEZ, TISDALE,
MAYOR PRO TEM MAGEE, AND MAYOR BHUTTA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CAROL COVVLEY
INTERIM CITY CLERK