HomeMy WebLinkAboutPC Reso No 2015-56 (7.21.15)RESOLUTION NO. 2015-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT
PtWSIDENTIAL DESIGN REVIEW NO. 2015-02 IS EXEMPT FROM THE
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
WHEREAS, Pardee Homes has submitted an application for Residential Design
Review No. 2015-02 (the "Project"), for the "Westridge at Canyon Hills" development of
456 detached condominium units within Tract Map Nos. 36117 and 36118; 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, on July 21, 2015, at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission finds that:
The Project is exempt from the City's MSHCP Resolution by virtue of vested
rights, 0/7 July 9, 1990, the City and Pardee-GrossmanICottonwood 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 was amended
by Amendment No. 1 dated January 12, 2010, approved by Ordinance No. 1270
which extends the project's exemption from MSHCP 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
PLANNING COMMISSION RESOLUTION NO. 2015-56
PAGE 2OF3
accordance with the Project HCP. Given the foregoing, no further action
regarding the MSCHP is required.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, on the 21St day of July 2015.
1
Shelly Jordan, &adnan
City of Lake Elsinore Planning Commission
ATTEST:
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Richard J. M cHott, LEED Green Associate
Planning Manager
J
PLANNING COMMISSION RESOLUTION NO. 2015-56
PAGE 3OF3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE SS
1, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2095.56 Was adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the ,21St day of July 2015, and that
the same was adopted by the following vote.-
AYES:
ote:
AYES: CHAIRMAN JORDAN, COMMISSIONERS FLEMMING, GRAY, AND
RAY
NOES: NONE
ABSTAIN: NONE
ABSENT: VICE CHAIRMAN ARMIT
U'r
Richard J. Mac ott, LEED Green Associate
Planning Manager