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HomeMy WebLinkAboutCC Reso No 2007-171RESOLUTION NO. ~nn~-ni 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 Vesting Tentative Parcel Map No. 34978, Conditional Use Permit No. 2006-15, and Residential Design Review No. 2006-09 (the "Entitlements"), for the development of the Hunter's Ridge Condominium Community on the north side of Railroad Canyon Road; 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 October 9, 2007. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California does hereby resolve 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, the City and Pardee-Grossman/Cottonwood Canyon entered into that that certain development agreement (the `Development AgreemenY), which expressly 1 exempted the Developer from responsibility for any new development impact fees. The Development Agreement will expire on July 9, 2010. 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 Entitlements 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 #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. 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 exempt from payment of the City's MSHCP Local Development Mitigation Fee by virtue of the Development Agreement. 10. The Entitlements are consistent with the MSHCP. See Response #1 above. 2 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 fhe MSHCP. SECTION 4. 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 City Council of the City of Lake Elsinore, California, th~9;h day~f October 2007. ATT ST: .[.~__ M... YL~.v~o.,~~ VIVIAN M. MUNSON CITY CLERK CITY OF LAKE ELSINORE CITY OF LAKE 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 9`h day of October 2007, and that the same was adopted by the following vote: AYES: MAYOR ROAERT E. MAGEE MAYOR PRO TEM DARYL HICKMAN COUNCILMEMBERS THOMAS AUCKLEY, GENIE KELLEY, AND ROBERT SCHIFFNER NOES: NONE ABSENT: rroNE ABSTAIN: NoNE ~~ ~,~~ VIVIAN M. MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 CITY OF LAKE ELSINORE