HomeMy WebLinkAboutPC Reso No 2009-11
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RESOLUTION NO. 2009-11
RESOLUTION OF THE PLANNING COMMISSION 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 275 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 Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to !.his
item on February 3, 2009.
NOW, THEREFORE, THE PLANNING COMMISSION 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
development agreement (the "Development Agreement'?, which expressly
exempted the Developer from responsibility for any new development impact
fees. The Development Agreement will expire on July 9,2010.
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PLANNING COMMISSION RESOLUTION NO. 2009-11
PAGE 2 OF 4
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.
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 Planning Commission hereby recommends that the
City Council find that the Subdivision is exempt from the MSHCP.
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PLANNING COMMISSION RESOLUTION NO. 2009.11
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 3rd day of February 2009, by the
following vote:
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Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
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Tom Weiner
Acting Director of Community Development
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PLANNING COMMISSION RESOLUTION NO. 2009.11
PAGE40F4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
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)ss.
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I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2009-11 was
adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting
held on the 3rd day of February 2009, and that the same was adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ZANELLI, FLORES, O'NEAL, MENDOZA, GONZALES
NONE
NONE
NONE
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Tom Weiner
Acting. Director of Community Development