HomeMy WebLinkAboutCC Reso No 2006-190RESOLUTION NO. 2006-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS THAT THE PROJECT IDENTIFIED AS
RECLAMATION PLAN NO. 2006-O1 IS EXEMPT FROM
THE MULTI-SPECIES HABITAT CONSERVATION
PLAN (MSHCP)
WHEREAS, Pacific Aggregates Inc., has submitted an application for
Reclamation Plan 2006-01, located on the east side of the I-15 Freeway at the
Nichols Road intersection and commonly identifiable as APNs 389-200-015, -023,
and -024 (the "Project"); 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 memarandum 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 far all
purposes; and
WHEREAS, the Project site is owned by Castle & Cooke Lake Elsinore
Outlet Centers, Inc. and is covered by the terms of the Settlement Agreement 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. 2006-01 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, on October 3, 2006, after considering evidence presented by
the Community Development Department and other interested parties at a public
hearing held with respect to this item, the Planning Commission approved the
Project; and
WHEREAS, on October 6, 2006, Ms. Sheri Weaver filed an appeal of the
Planning Commission's October 3, 2006 decision; and
CITY COUNCIL RESOLUTION NO. 2006-190
PAGE 2 OF 3
WHEREAS, on November 14, 2006, the City Council heard Ms. Weaver's
appeal and considered evidence presented by the Community Development
Department and other interested parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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 MSCHP, the City Council
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 14th day of November,
2006, by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
G%'l, `~
Robert E. Mag , Mayor
City of Lake Elsinore
CITY COUNCIL RESOLUTION NO. 2006-190
PAGE 3 OF 3
ATTEST:
Frederick R , City Clerk
City of Lake Elsinore
Attorney
City of Lake