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HomeMy WebLinkAboutCC Reso No 2015-009 City Council ResoRESOLUTION NO. 2015 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING INDUSTRIAL DESIGN REVIEW NO. 2014 -03 FOR THE ESTABLISHMENT AND OPERATION OF AN ASPHALT BATCH PLANT LOCATED AT THE NORTHEASTERN CORNER OF NICHOLS ROAD AND INTERSTATE 15, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS INDUSTRIAL DESIGN REVIEW NO, 2014 -03 IS EXEMPT FROM THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review and approval of Industrial Design Review No. 2014 -03 ( "Project') for the establishment and operation of an asphalt batch plant located at the northeastern corner of Nichols Road and Interstate 15. The Project site consists of a 1.76 -acre portion of the existing 211 -acre Nichols Canyon Mine site (APN No. 389- 200 -035), which is located in the northeastern portion of the City of Lake Elsinore; and, WHEREAS, Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock Alberhill Ranch Limited Partnership, (collectively "Owner ") entered into that certain settlement agreement and memorandum of understanding (the "Settlement Agreement') with the County of Riverside on February 24, 2004, which exempts and excludes all of the Owner's properties (including present and future uses and development of Owner's properties) from the MSHCP for all purposes; and, WHEREAS, the Project site is owned by Nichols Road Partners, LLC and is covered by the terms of the Settlement Agreement and is therefore exempt from the requirements of the MSHCP; and, WHEREAS, on January 20, 2015, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -03 recommending that the City Council adopt findings that Industrial Design Review No. 2014 -03 is exempt from the MSCHP; and, WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code (" LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on February 10, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CITY COUNCIL RESOLUTION NO. 2015 -009 PAGE 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council acknowledges the Settlement Agreement which exempts and excludes this Project from the requirements of the MSHCP for all purposes. Because the Project is exempt from the MSCCP, the City Council takes no further MSHCP action with regard to this Project. SECTION 3. Based upon the evidence presented, the above findings, the City Council hereby adopts findings that Industrial Design Review No. 2014 -03 is 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, on the 10th day of February, 2015. Mayor ATTEST: Virginia I Bloor, City Clerk APPROVED AS TO FORMM:. Bdrbara Zeid Libold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -009 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 10th day of February 2015, and that the same was adopted by the following vote: AYES: Mayor Pro Tern Tisdale, Council Member Johnson, Council Member Magee, Council Member Hickman and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virginia . Biov , City Clerk