HomeMy WebLinkAboutCC Reso No 2007-174RESOLUTION NO. 2oo~-i~4
' 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. 34979, Conditional Use Permit No. 2006-16, and Residential
Design Review No. 2006-10 (the "Entitlements"), for the development of the Hidden
Oaks 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, 9990, the
City and Pardee-Grossman/Cottonwood Canyon entered into that that certain
development agreement (the "Development Agreement'), 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 P~oject 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 UrbanM/ildlands Intertace
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.
Deve%per 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 the 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, thy's~h day o~tof~er 2007.
MAYOR
CITY OF LAKE EL INORE
ATTEST:
h~ ~~~
VIVIAN M. MUNSON
CITY CLERK
CITY OF LAKE ELSINORE
3
APPROVED AS
Blo(RBARA Z ID LEIBOLD
CITY ATTO NEY
CITY OF LAKE ELSINORE
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 ROAERT SCHIFFNER
NOES: NONE
ABSENT: NoNE
ABSTAIN: NoNE ~
V`-~-. ~"^~-~--~
VIVIAN M. MUNSON
CITY CLERK
CITY OF LAKE ELSINORE
4