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HomeMy WebLinkAboutCC Reso No 2008-102 n n n RESOLUTION NO. 2008- 102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 AND SUBDIVISION ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Castle & Cooke Alberhill Ranch, Inc., has filed an application with the City of Lake Elsinore requesting approval of Murdock Alberhill Ranch Specific Plan Amendment No.2 and Vesting Tentative Tract Map No. 35773, which proposes to re- configure a public park located in Planning Area 2 and subdivides 19.81 acres of land into seventy two (72) single family residential lots within the Murdock Alberhill Ranch Specific Plan (the "Project"); 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 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 November 25, 2008. 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 Project 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: 1. The Project is 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. In February, 2004, the County of Riverside and Castle & Cooke/Murdock Alberhill Ranch entered into a Settlement Agreement (the "Settlement Agreement'?, which expressly exempted ~ n n n PAGE 2 OF 4 the Developer from responsibility for any new Habitat Conservation Plan requirements. Even though the Project 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 UrbanlWildlands 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, the attached conditions of approval, and the recommendation of the Planning Commission, "I r r I : n PAGE 3 OF 4 the City Council of the City of Lake Elsinore hereby finds and determines that the Project is 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 on this 25111 day of November 2008. DA;;P;P MAYOR ,'\." . .-:ATIEST: '. /...- , 'J:: ~'. ':"" J-':_ : APPROVED AS TO FORM: ~~rfJ BARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE r I r PAGE40F4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ) SS. I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-102 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25th day of November 2008, and that the same was adopted by the following vote: . AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilrnernber Thomas Buckley, Councilrnember Robert Magee, Council member Robert Schiffner NOES: None ABSENT: None ABSTAIN: None o ~ 0" - . . ~ . .. ~ .......-". . - ....~ -'.-:;' . - CAROL COWLEY... - . : ......' INTERIM CITY CLERK" ." . ~-.: ... _.-'~ -""'-''' .~..