HomeMy WebLinkAboutPC Reso No 2016-79 (Nichols Road Partners, LLC, MSHCP)RESOLUTTON NO. 2016-79
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE ADOPT 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 Prolect, and,
Whereas, the Project consists of the Authority to conduct mining operations in the 24 -acreExpanded 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, lnc., Castle & Cooke Lake Elsinore Outlet Centers, lnc., Castle
& Cooke Corona, lnc., Gateway Business Park, LLC, and Murdock Alberhill Ranch Limited
Partnership, (collectively "Ownel') 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Commission acknowledges the Settlement Agreement which exempts and
excludes this Project from the requirements of the MS HCP for all purposes. Because the Project
ts exempt from the MSCHP the Commission takes no further MSHCP action with regard to this
Project.
Section 2, Based upon the evidence presented and the above findings, the Commission hereby
recommends that the Caty Council of the City of Lake Elsinore 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.
Reso No. 2016-79
Page 2 of 2
Passed and Adopted this 17'h day of January 2016, by the following vote:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 20'16- as adopted by the Planning Commission of the City of Lake Elsinore at a
Regular meeting held on November 17, 2016, and that the same was adopted by the following
vote:
)"
AYES,
NOES:
ABSTAIN:
ABSENT:
Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman
Armit
None
None
None
Justin