HomeMy WebLinkAboutOrd. No. 1992-930No. 930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION
19.04.020 AND SECTION 19.04.030 OF THE LAKE
ELSINORE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
WHEREAS, the City Council of the City of Lake Elsinore did
adopt Ordinance No. 905 pursuant to the Government Code Section
65952 on September il, 1990, and
WHEREAS, the City Council has continued to monitor the City's
program for addressing the preservation of Stephens' kangaroo rat
and other sensitive species, and has developed proposed policies to
modify the City's program.
SECTION ONE:
Section 19.04.020 of the Lake Elsinore Municipal Code is
hereby amended by adding the following findings:
P. The City recognizes that Section 7 and 10(a) of the
federal Endangered Species Act allow individual
landowners to negotiate appropriate mitigation measures
to alleviate impacts on the Stephen's kangaroo rat with
the U.S. Fish and Wildlife Service and the California
Department of Fish and Game and County of Riverside.
Q. The City recognizes that if development has met its fair
mitigation burden pursuant to Section 7 or Section 10 (a)
of the federal Endangered Species Act and has proposed
adequate mitigation measures to alleviate impacts to the
Stephen's kangaroo rat to the satisfaction of the U.S.
Fish and Wildlife Service, said development should not be
required to pay the mitigation fee levied pursuant to
Ordinance No. 905.
Section 19.04.030 of the Lake Elsinore Municipal Code is
hereby amended to read as follows:
SECTION 3. PURPOSE The purpose of this Ordinance is to
finance the preparation, development and implementation of a
Habitat Conservation Plan, including the acquisition of
habitat reserve sites, and the application fora Section 10(a)
permit under the Federal Endangered Species Act of 1973. It
is the further purpose of this Ordinance to provide a method
for mitigation of impacts to the Stephens' kangaroo rat caused
by the loss of its habitat due to development during the
preparation and implementation of a Habitat Conservation Plan
and provide for habitat mitigation to be identified in the
Habitat Conservation Plan. Mitigation of impacts to the
Stephens' kangaroo rat will be accomplished through the review
of each proposed development project within the Fee Assessment
Area to determine whether on-site mitigation through the
reservation or addition of lands included within or
immediately adjacent to a potential habitat reserve site or
payment of the mitigation fee is appropriate and furthers the
ultimate Habitat Conservation Plan objectives. A proposed
development may be referred, for review, to federal and state
resources agencies based upon criteria which may be
established and agreed upon by the City, the county and said
agencies.
This Ordinance provides for the establishment of this review
process and satisfaction of on-site mitigation to protect
potential habitat reserve sites or payment of the Mitigation
Fee, which upon implementation will satisfy U.S. Fish and
Page 2
Ordinance No. 930
Wildlife Service, California Department of Fish and Game,
County of Riverside, as well as City mitigation requirements
for the Stephens' kangaroo rat and its habitat which may occur
within the City designated herein.
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
January, 1992, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day
of February, 1992, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN
NOES; COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Vy~~Y'N
ary M. Washburn, Mayor
City of Lake Elsinore
ATTEST:
2~~~-
Vicki Lym e Kasad, City Clerk
City of Lake. Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
ohn Harper, i y Attorney
City of Lake inore
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption
on January 28, 1992 and was passed on second reading February 11,
1992, by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VICKI LYNNE ASAD ITY LE
CITY OF LAK ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 930 of said Council, and that the
same has not been amended or repealed.
DATED: February 13, 1992
~- ~-
VICKI LYNNE 'ASAD CITY CL
CITY OF LAK ELSINORE
(SEAL)