HomeMy WebLinkAboutPC Reso No 2013-43RESOLUTION NO. 2013 -43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE
PROJECT IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
WHEREAS, Pardee Homes filed an application with the City of Lake Elsinore
requesting approval of Residential Design Review No. 2012 -05 (the "Entitlement ") for
the construction and establishment of 78 individually -owned detached condominium
units within the Living Smart Condominium Community of the Canyon Hills Specific Plan
area (the "Project "); 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 February 5, 2013.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission finds that:
The Project is exempt from the City's MSHCP Resolution by virtue of vested
rights. On July 9, 1990, the City and Pardee - Grossman /Cottonwood Canyon
entered into that certain development agreement (the "Development
Agreement'g, 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 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
PLANNING COMMISSION RESOLUTION NO. 2013-43
PAGE 2 OF 3
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.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 5th day of February 2013, by the
following vote:
Rick Morsch, Chairman
City of Lake Elsinore
ATTEST:
Richard J. acHott
Acting Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2013 -43
PAGE 3OF3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2013 -43 as adopted by the Planning
Commission of the City of Lake Elsinore at a regular meeting held on the 5th day of
February 2013, and that the same was adopted by the following vote:
AYES VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER
GRAY, COMMISSIONER JORDAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: CHAIRMAN MORSCH
Richard J. MacHott
Acting Planning Manager