HomeMy WebLinkAboutCC Reso No 2007-061RESOLUTION NO. 2007-61
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT
FROM THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
WHEREAS, Pardee Homes has submitted applications for Canyon Hills
Specific Plan Amendment No. 2, Tentative Parcel Map No. 34442, Conditional
Use Pernut No. 2005-29, and Residential Design Review No. 2005-28 (the
"Entitlements"), for the development of the Parkside Terrace Condominium
Community within the Canyon Hills Specific Plan on the north side of Canyon
Hills Road, west of Hillside Drive; and
WHEREAS, Section N(D) of the City of Lake Elsinare'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 Califomia, 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 ar 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 Apri124, 2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER 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:
CITY COUNCIL RESOLUTION NO. 2007-61
PAGE 2 OF 4
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 Ciry's MSHCP Resolution. On July 9, 1990,
the Ciry and Pardee-Grossman/Cottonwood Canyon entered into that that
certain development agreement (the "Development Agreement'), which
expressly exempted the Developer from responsibility for any new
development impact fees. The Development Agreement will e~pire on July 9,
2010.
Even though the Project is exempt from the MSHCP, the Developer must
comply with other state and federal Zaws. 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 Entitlements are subject to the City's LEAP and the County's Joint
Project Review processes.
See Response #1 above.
3. The Enritlements are consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
See Response #1 above.
4. The Enritlements are consistent with the Protection of Narrow Endemic
Plant Species Guidelines.
See Response #1 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.
CITY COUNCIL RESOLUTION NO. 2007-61
PAGE 3 OF 4
7. The Entitlements 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 ezempt from payment of the City's MSHCP Local Development
Mitigation Fee by virtue of the Development Agr°eement.
lO.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 24th day of April 2007, by
the following vote:
AI'ES: COiJNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NoNE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
;rt E: Mage Mayor
of Lake E 'nore
CITY COUNCIL RESOLUTION NO. 2007-61
PAGE 4 OF 4
ATTEST:
~~~~~~~ ~°
Michelle Soto, Interim City Clerk
APPROVED AS TO FQRM:
~~~i~l/~~f~l' ~( a.r1!/~er,~liz~
B'~arbara ZeiyYLeibold, City Attorney
City of Lake Elsinare