The URL can be used to link to this page

Home My WebLink AboutCC Reso No 2004-10RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE MAHING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HASITAT CONSERVATION PLAN/NATURAL, COMMUNITY CONSERVATION PLAN AND APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAI, COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACI', AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS - WHEREAS, the Westem Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP" or "ProjecP') is a mulb jurisdictional habitatconservation plan focusingon the conservation of both sensitive species and their associated habitats to address biological and ecologica] cliversity and conservation needs in Wes[em Riverside County, setting aside significant areas of undisturbed land for the conservation of sensitive habitat while preserving open space and recreationa] opportunities; and WI-IEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately 1,966 square miles, consisting of approximately 126 million acres and include approximately 843,500 acres of unincorporated Western Riverside County land west of the crest of the San Jacinto Mountains and extending to the Orange County Iine, as well as approximately 372,700 acres within the jurisdicuonal areas of the following 14 incorporated cities: Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Mumeta, Norco, Perris, Riverside, San 7acinto, and Temecula (collectively, "Cities"); and WHEREAS, the MSHCP establishes a framework for compliance with State and Federal endangered species regulations while accommodating future growth in Westem Riverside County, including issuance of "Take" permits for certain species pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act and Section 2800, et ~. ofthe California Fish and Game Code; and WHEREAS, the County of Riverside ("Count~'), is the lead agency pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.); and WHEREAS, the County determined that a joint Environmental Impact RepoN Environmental Impact Statement ("EIIZ/EIS") should be prepared pursuant to the Califomia Environmental Quality Act ("CEQA") and the National Environmental Quality Act ("NEPA") in order to analyze all potential adverse environmental impacts of the Project; and RVPU61MKS654907 WHEREAS, the Board ofSupervisors ofthe County ofRiverside, at its regulazlyscheduled public meeting on June 17, 2003 reviewed and considered the Initial Study, Draft EIK/EIS, Final EIR/EIS and other related documents in the record before it and by Resolution No. 2003-299, certified the Final EIIt/EIS and adopted environmental findings and a Statement of Ovemding Considerations; and WHEREAB, pursuant to State CEQA Guidelines sections 15091 and 15096, sub.(h) and CEQA, the City of Lake Elsinore ("Cit}T') is a responsible agency for the Project and must therefore make certain findings prior to the approval of the MSHCP; and WHEREAS, the City Council of the City, at its regularly scheduled public meeting on Ja~uary _, 2004 independently reviewed and considered the Final EIl2/EIS and other related documents in the record before it; and WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have been met, and the Final EII2/EIS, prepazed in connection with the Project, is sufficiently detailed so that all the potentially significant effects of the Project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated in accordance with the above-referenced Act and Guidelines; and WI IEREAS, as contained here4n, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHERF.AS, all of the findings and conclusions made by the Ciry Council pursuant to this Resolution are based upon the oral and wriuen evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking acUon, the City Council has heard, been presented with, reviewed and considered all of the information and data presented to it, including the Draft EIR/EIS, Final EIR/EIS and other documentation relating to the Project, and all oral and written evidence presented to it; and WIIEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AS FOLLOWS: A. The Final EIR/EIS prepared for the MSHCP is hereby received by the City Council in the form attached hereto as Eachibit A, and incorporated herein by this reference. B. The City Council hereby finds and determines that the Final EII2/EIS has been completed in compliance with CEQA and the State CEQA Guidelines nveuewt[cswsavo~ and, and as the decision-making body for the City of Lake Elsinore, the City Council has reviewed and considered the information contained in the Final EIK/EIS and related documents before it and all of the environmental effects of the MSHCP. C. The City Council concurs with the environmental findings in County Resotution No. 2003-299 and adopts these findings, attached hereto as Exhibit B and incorporated herein by this reference. The City Council also finds that there aze no additional feasible mitigation measures or altematives within its powers that would substantially lessen or avoid any significant effects that the MSHCP would have on the environment. D. The City Council concurs with the statement of overriding considerations in County Resolution No. 2003-299 and adopts the statement, and finding that the benefits of the MSHCP outweigh the adverse environmental impacts not reduced to below a level of significance. E. The City Council hereby approves the MSHCP and authorizes the Mayor to execute the MSHCP Implementation Agreement. F. The City Council hereby auYhorizes and directs that a Notice of Determination shall be filed with the Clerk ofthe County ofRiverside within five (5) working days of approval of the Project 1 PASSED, APPROVED AND ADOPTED this 13thdayofJanuary, 2004. AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY ABSTAIN: COUNCILMEMBERS: NONE _ TomBucTcley;T~fayoroft ityof Lake Elsinore APPROVED AS TO FORM: ~RVPUBVv(K3~654907 _ ,z`~i~_. . . . . ..v.-. ..; ' . ~ir~ ~ ~...az._..~.-~ ~. ,_.. ~ ._. City of Lake Elsinore RVPUBN4KS\G54907 STATE OF CALIFOItNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 13~h of January, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: STAIN: COUNCILMEMB ~~~~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) KELLEY NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-10 of said Council, and that the same has not been amended or repealed. D TE: January 31, 2004 VICHI KAS D, C , CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)