HomeMy WebLinkAboutCC Reso No 2008-020RESOLUTION NO. 2oos-zo
A 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, P~rdee Homes has filed an application with the City of Lake
Elsinore requesting approval of Tentative Tract Map No. 35563, which subdivides 22
acres of land within the Canyon Hills Specific Plan into ten (10) lots, eight (8) single-
family residential lots; one (1) lettered lot for landscaping, and one (1) lettered lot for
open space (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 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 bythe City prior to adoption of this Resolution.
Projects subject to this exemption must comply with all
provisions of any applicable state and federal law;" and
WHEREAS, public notice of the project 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 January 22, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resoive as follows:
SECTION 1. The City Council has considered the Project and its
consistency with the MSHCP "Plan Wide Requirements" prior to adopting Findings of
Consistency:
SECTION 2. That in accordance with the Lake Elsinore Municipal Code
and the MSHCP, the City Council makes the following findings:
1. The Entitlements constitute a project under the City's MSHCP Resolution, and
the City must make an MSHCP Consistency finding before approval.
The Project is exempt from the City's MSHCP Resolution. On July 9, 1990, fhe
City and Pardee-Grossman/Cotfonwood Canyon entered into thaf certain
development agreement (the "Development Agreement'), which expressly
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exempted the Developer from responsibility for any new development impact
fees. The Deve%pment Agreement will expire on July 9, 2010.
Even though the Project is exempt from the MSHCP, the Developer must comply
wifh other sfate and federal laws. Consistenf with federal law, the applicanf had
prepared a projecf-specific Habifat Conservafion Plan and has a history of
extensive coordinafion 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 Entitiements are subject to the City's LEAP and the County's Joint Project
Review processes.
See Response #1 above.
3. The Entitlements are consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
See Response #1 above.
4. The Entitlements are consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
See Response #9 above.
5. The Entitlements are consistent with the Urban/Wildlands interface Guidelines.
See Response #1 above.
6. The Entitlements are consistent with the Vegetation Mapping requirements.
See Response #1 above.
7. The Entitiements are consistent with the Additional Survey Needs and
Procedures.
See Response #1 above.
8. The Entitlements are consistent with the Fuels Management Guidelines.
See Response #1 above.
9. The Entitlements 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.
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10. The Entitlements are consistent with the MSHCP.
See Response #1 above.
SECTION 3. Based upon all of the evidence presented, the above
findings, and the conditions of approval imposed upon the Entitlements, the City Council
finds that the Entitlements are exempt from the MSHCP
SECTION 4. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 22"d day of January 2008.
/~~'C ~'~~
-1' CKMAN
MAYOR
ATTEST:
~ h.~ . '
V VIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
~
B RBARA ID EIBOLD
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. zoos-zo was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting heid on the 22"d day of January 2008,
and that the same was adopted by the foliowing vote:
AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMBER BUCKLEY,
COUNCILMEMBER MAGEE, COUNCILMEMAER SCHIFFNER
NOES: NONE
ABSENT: NoNE
ABSTAIN: rroNE
~ ~.1
VIVIAN M: MUNSON
CITY CLERK
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