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HomeMy WebLinkAboutCC Reso No 2009-10RESOLUTION NO. 2009-10 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE SUBDIVISION IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 30495, which subdivides 117 acres of land within the Canyon Hills Specific Plan into 139 single-family residential lots (the "Subdivision"); 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 Subdivision 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 April 14, 2009. 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 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 City Council makes the following findings: 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 Reso/ution. On July 9, 1990, the City and Pardee-Grossman/Cottonwood Canyon entered into that certain development agreement (the "Development AgreemenYg, which expressly exempted the Deve/oper from responsibility for any new development impact fees. The Developmen# Agreement will expire on July 9, 2010. CITY COUNCIL RESOLUTION NO. 2009-10 PAGE20F4 Even though the Subdivision is exempt from the MSHCP, the Developermust Fi comply with ofher state and federal /aws. Consistent with federal law, fhe applicant had prepared a project-specific Habitat Conservafion Plan and has a hisfory of extensive coordinafion with the wildlife agencies. Where approved for development, ihe project site has already been graded, cleared, or developed in accordance with the Project HCP. Given the foregoing, no further acfion 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 Loca/ 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 the evidence presented, the above findings, and the attached conditions of approval, the City Councii hereby finds that the Subdivision is exempt from the MSHCP. CITY COUNCIL RESOLUTION NO. 2009-10 PAGE 3 OF 4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14'h day of April 2009, by the following vote: ATTEST: DEBORA THOMSEN, CMC CIfiY CLEF2K - ~ ; APPROVED AS TO FORM: RBARA Z ID LEIBOLD CITY ATTO NEY CITY OF LAKE ELSINORE F CITY COUNCIL RESOLUTION NO. 2009-10 PAGE 4 OF 4 I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Debora Thomsen, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-10 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14`" day of April 2009, and that the same was adopted by the following vote: AYES: Mayor Robert Magee, Mayor Councilwoman Amy Bhutta, Councilman Daryl Hickman NOES: None ABSENT: None ABSTAIN: None Pro Tem Melissa Melendez, Councilman Thomas Buckley, „ ~ DEBORA THOMSEN, CNfC ' CITY CLERK ' .