HomeMy WebLinkAboutCC Reso No 2016-141 Surface Mining Permit 2015-01Nichols Road MSHCPRESOLUTION NO. 2016 -141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT SURFACE MINING PERMIT 2015 -01 AND
RECLAMATION PLAN 2006 -01 AMENDMENT NO. 2 ARE EXEMPT FROM THE
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION
PLAN (MSHCP)
Whereas, Eric Werner of Nichols Road Partners, LLC has requested approval of Surface Mining
Permit 2015 -01 and Reclamation Plan 2006 -01 Amendment No. 2: A request by Nichols Road
Partners for an expansion of the mining area within the existing 199 Nichols Road Mine, which
are collectively referred to herein as the Project; and,
Whereas, the Project consists of the Authority to conduct mining operations in the 24 —acre
Expanded Disturbance Area (EDA) of the 199 acre existing mine. An increase in mining
equipment operational hours from between 7:00 a.m. and 12:00 a.m. (Monday through Friday,
excluding Federal Holidays) and between 7:00 a.m. and 7:00 p.m. (Saturdays only) to between
4:00 a.m. and 12:00 a.m. (Monday through Saturday, excluding Federal Holidays) for mining
equipment and asphalt batch plant operation and 24 hours per day (Monday through Saturdays,
excluding Federal Holidays) for aggregate and asphalt batch plant export activities; 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 (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 November 17, 2016, at a duly noticed Public Hearing the Planning Commission
(Commission) has considered evidence presented by the Community Development Department
and other interested parties with respect to this item; and,
Whereas, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code (LEMC) the City
Council (Council) of the City of Lake Elsinore (City) has the responsibility of making decisions to
approve, modify or disapprove recommendations of the Commission for Commercial Design
Review applications; and,
Whereas, on December 13, 2016, at a duly noticed Public Meeting, the Council has considered
the recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The 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 MSCHP, the Council takes no further MSHCP action with regard to this Project.
CC Reso no. 2016 -141
Page 2 of 2
Section 2. Based upon the evidence presented and the above findings, the Commission hereby
recommends that the Council adopt findings that the Project is exempt from the MSHCP.
Section 4. This Resolution shall take effect from and after the date of its passage and adoption.
Passed and Adopted this 13th day of December, 2016.
C'
Brim i ne, Mayor
Attest:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016 -141 was adopted by the City Council of the City of Lake Elsinore,
California, at a Regular meeting held of December 13, 2016, and that the same was adopted by
the following vote:
AYES: Council Members Hickman, Johnson, Manos; Mayor Pro Tem Magee and Mayor Tisdale
NOES: None
ABSTAIN: None
ABSENT: None
Susan M. Domen, MMC
City Clerk