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HomeMy WebLinkAboutPC Reso No 2012-03 RESOLUTION NO. 2012 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS RECLAMATION PLAN NO. 2008 -01 IS EXEMPT FROM THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), has submitted an application for Reclamation Plan 2008 -01, generally located on the east side of the 1 -15 Freeway between Nichols Road and Lake Street and commonly identifiable as APNs 390 - 210 -014, and -019 (the "Project "); and WHEREAS, the Project site is owned by MCA, Inc. and is within the Murdock Alberhill Ranch Specific Plan area. It has been determined by the City of Lake Elsinore and the Riverside Conservation Authority that the project site maintains a vested right to mine and is therefore exempt from the requirements of the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), Mitigated Negative Declaration No. 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; and WHEREAS, public notice of the Project has been given, and the Planning Commission 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 18, 2011 and January 17, 2012. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission acknowledges the vested right to mine the identified site and therefore exempts the Project from the requirements of the MSHCP. Because the Project is exempt from the MSCHP, the Planning Commission takes no further MSHCP action with regard to this Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17 day of January 2012, by the following vote: Shelly Jord c • ,'airperson City of Lake Elsinore 1••■•=1 PLANNING COMMISSION RESOLUTION NO. 2012- 03 PAGE 2 OF 3 ATTEST: Warren More lion, AICP Planning Manager PLANNING COMMISSION RESOLUTION NO. 2012- 03 PAGE3OF3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -03 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17 day of January 2012, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, COMMISSIONER BLAKE, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: VICE CHAIRPERSON O'NEAL ABSENT: NONE ABSTAIN: NONE Warren Morelion, AICP Planning Manager