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HomeMy WebLinkAboutCC Reso No 1989-74RESOLUTION N0.89-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A CONSERVATION AGREEMENT AND DECLAIZATION OF COVENANTS FOR THE TUSCANY HILLS DEVELOPMENT AND MAU7NG CERTAIN FINDINGS WITFi RESPECT THERETO WIiEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project"); and WIiEREAS, Homestead Land Development Corporation (the "Developer~~), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ("Declaration of Covenants"); and WHEREAS, the City has caused an Addendum to the EIR to -- be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development; and WI3EREAS, the Planning Commission has previously reviewed the EIR and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA guidelines; (2) approve the Specific Plan for the Project, (3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project; and -- WHEREAS, the City Council has reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council certified the Addendum to the EIR and has made the findings required by Section 15091(a) of the State CEQA Guidelines, attached to Ordinance No. as Attachment A; and WHEREAS, the City Council is contemporaneously approving the Specific Plan and the Amended and Restated 1980 Development Agreement relating to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council that: Upon the recommendation of the Planning Commission and based upon the findings adopted previously by the City Council with regard to the approval of the Project, attached to Ordinance No. _ as Attachment A, the City Council hereby: (i) determines that it is in the best interest of the City to enter into the Conservation Agreement in the form attached hereto as Exhibit A and the Declaration of Covenants in the form attached hereto as Exhibit B, (ii) approves the Conservation Agreement and the Declaration of Covenants and (iii) directs the Mayor ~to execute and deliver such agreements on behalf of the City. PASSED, APPROVED AND ADOPTED this 26th day of December, 1989, by the following vote: AYES: COUNCILME~4BERS: BUCK, ~OPIINGUEZ, STARKEY, !JASHBURN, !~lINKLER NOES: COUNCILMEMBERS: DIOME ABSENT: COUNCILMEP46ERS: NONF NBS7NIN: COUNCILMEMBERS: NONE i JIM WIPlKLER, P4AYOR CITY OF LAKE ELSINORE RTTEST: ~ ICKI LYNN KIISAD, CITY CLERK CITY OF LAK ELSINORE APPROVED AS TO FORM AND LEGALITY: City Council of the City of Lake of said Council on the 26th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMSNGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CLERK (SEAL) ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foreqoing is a full, true and correct copy of Resolution No. 89-74 of said Council, and that the same has not been amended or repealed. D En~ December 27, 1989 .. 1 ~ ~/~ l, YNNL SAD, CITY CLERK CT'TY OF LA ELSINORE (SEAL)