1ENT BY CITY OF BEAUMONT 909 769 S526 JUN-30-04 903 PAGE 3

RESOLUTION NO 2003-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT MAKING RESPONSIBLE AGlNCY FINDINGS PURSUANT TO tHE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLANINATURAL COMllUNITV CONSERVATION PLAN APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HAB1TAT CONSERVATION PLANINATURAL COMMUNl1Y CONSERVATION PLAN ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND AUTHORIZING THE MAYOR TO EXECUTE RELATED AGREEMENTS

WHEREAS the Western Riverslde COUlly Multiple Species Habitat Conservation Plan (the bullMSHCPmiddot or bullPrqectbull) ts a multl-jurlsdictional habftat conaervation planfoalling on the conservation of both sensitive spectes and their associated habitats to address biological and ecological ctivnity and conaervatlon needs in Waslem Riverside County settIng slide signlfieant areas of undisturbed land for the conservation of senaitiYe habitat while preserving open space and recreational opportunities and

WHEREAS the MSHCP boundariea (MSHCP Plan Area11) encompass

approximately 1966 square mites oonsisting of approximately 126 million acres and include approximately 843500 acres d unincorporated Western Riverside County land west of the crest of the San Jacinto Mountains and extending to the Orange Couity line as well as approximately 372700 acres within the juriedictional amp1888 of the following 14 tncorporated cities Banning Beaumont Calimesa Canyon Lake Corona Hemet Lake Elsinore Moreno Valley Murrieta Norco Perris Riverside San Jacinto and Temecula (eallactively bullCities) and

WHEREAS the MSHCP establilhe1 a framework for compliance with state and federal endangered species regulations while accommodating future growth in Weatern Riverside COUlty including i8SU811C8 of bullrakebull permits for certain species pursuant to Section 1O(a)(1 )(B) of the federal Endangered Species Ad and Section 2800 mm of the Califomia Fish and Game Code and

WHEREAS the County in consultation with the anticipated participating cities has prepared the MSHCP and

WHEREAS the County of Riverskte (bullCoumy-) ii the lead agency pursuant to the Caltfomla Envlronmental Quallty Act (bullCEQA) (Public Res Code sect21000 et seq) and the State CEQA Guidelines (14 CCRsect 15000 et seq) and

WHEREAS the County determined that a joint Environmental Impact Report Environmental Impact Statement (bullEIRIEIS) should be prepared pnUS1t mthe California Environmental Quality AtJ (bullCEQAbull) and the National Environmental Quality Ad (bullNEPAj in order to analyze all potential adverse environmental impacts of the Project and(

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f ~NT BV CITY OF BEAUMONT 909 769 8526 JUN-30-04 904 PAGE 4

Resolution No 2003-28 Paga2 Qt damp 7 2003

WHEREAS the Board of Supervisors of the County of Riverside at jts regutarly schectuled public meeting on June 171 2003 reviewed and conaidered the Initial Study Draft EIRIEIS Final EIRIEIS and other related documents in the record before it and by Resolution No 2003-299 certified the Final EIRIEIS and adopted envlronmental findings and a Statement of OVerriding Considerations and

WHEREAS pursuant to State CEQA Guidelines aections 15091 and 15096 lampb(h) and CEQA the City of Beaumont (bullCity) is a responsible agency for the Project and nut therefore make certain findings prior to the approval of the MSHCP and

WHEREAS the CityCouncll of the City at its regularlyschecillect publicmeetingon September 16 2003 reviewed and considered the Final EIRIEIS d other related documents in the record before It and

WHEREAS all the procedlna of CEQAand the State CEOA GWdeline8 have been me~ and the Final EIRIEIS prepared In connection with the Project1 is aufficientlydelailed so that all the potentially signifieant 8ff8cts of the Project on the environment and measures necessary to avoid er substantially lessen such effeda have been evaluated In scccrdance with the above-referenced Act Guidelines and Rules and

WHEREAS as contained herein the City has endeavored in good faith to set forth the basis for ita decision on the Project end

WHEREAS all of the findings and conclusions made by the City Council pursuant to thla Resolution are baamped upon the oral and written evidence presented to tt aa a whole and not based aolely on the information provided In this Resolution and

WHEREAS prior to taking action the City Council has heard beeo presented with reviawad and considered all or the information and data in the administrative record1

including the Draft EIREIS Final EIREIS and other documentation relating to the Project and all oral and written evidence presentacI to it during all meetings and hearings and

WHEREAS all other legal prerequisites to the adoption of this Resolution have occurred and

WHEREAS the City of Beaumont is required to execute an lmplementJng Agreement related to the MSHCP and an Implementing Agreement with the Western Riverside Council of Governments to implement the MSHCP program

NOW THEREFORE the City Council of the City of Beaumont does hereby make the following FINDINGS AND DETERMINATIONS

I FINDINGS(__

~ENT BY CITY O~ BEAUMONT 909 769 9526 JUN-30-04 904 FIAGE 5

- - Resolution No 2003-28

( Page3 QtdJa 7 2001

A The Fmal EIREIS ~ for tbe MSHCP ii hereby received by the City Coumil and incorporated henin by tbia refcrmce

B The Fmal EllEIS bu been completecl in compliance widl CEQA and the state CBQA Guidelines and and u tbe decision-mdins bodyfor the City ofeumoat the City Coundl bu reviewed and comidacd the information contained in the Fmal EIRBlS and related documents in the record and aD ofthe mviromnmtal effects of thliMSHCP

C The City CoUDCil CODCUB with tbo environnJOntal findinp inCounty lleaoluticm No 2003middot299 llld adopta thebull~ inrorporaled herein by this relnnco Tbc City Council abo findl that there are no additional felRgtle rnitiptioa IDCllUlCI or a1temativcs within its powen that would IUbatandally leaam or avoid any significant alrects that the MSHCP would have on tbe eaYironmem

D The City Cowxil concms with the statcmrm ofoveniding comidlaquoarions in County Resolution No 2003-299 and adopta the statlllncnt and finds that the beneampu ofthe MSHCP outweigh the adverse enWonmental impaeb not roduced to below aJeYel f4 significance

II DETEBMINATION

NOW THEREFORE the City Council hereby

A Appnma the MSHCP

B Autborizeaand directs that a Notice ofIgtetaminltion sball be filed with die Clerk of the County ofRiverside within five (S) workmg daya ofapproval ofthe MSHCP

C Authorizes the Mayor to execute MSHCP implementation agrecmcnt1

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SENT BV CITY OF BEAUMONT 9og 769 9526 JUN -30 -04 9 05 ~AGE 6

I

Resol~ No 2003-28 Page4 Qt dB 1 2003

PASSBD AND ADOPTED by the City Council ofthe City ofBmumont at aregular

meeting held October middot 2003

MOVED PASSED and ADOPTED this 7th day of October 2003 by the following vote

AYES Mayor DeForge Council Member nr~sa~l Fox Berg and Valdivia NOS Hone ilSNT Ntme ABStAIN1 N6lSe

(__

~ENT BY CITY O~ BEAUMONT 909 769 9526 JUN-30-04 904 FIAGE 5

- - Resolution No 2003-28

( Page3 QtdJa 7 2001

A The Fmal EIREIS ~ for tbe MSHCP ii hereby received by the City Coumil and incorporated henin by tbia refcrmce

B The Fmal EllEIS bu been completecl in compliance widl CEQA and the state CBQA Guidelines and and u tbe decision-mdins bodyfor the City ofeumoat the City Coundl bu reviewed and comidacd the information contained in the Fmal EIRBlS and related documents in the record and aD ofthe mviromnmtal effects of thliMSHCP

C The City CoUDCil CODCUB with tbo environnJOntal findinp inCounty lleaoluticm No 2003middot299 llld adopta thebull~ inrorporaled herein by this relnnco Tbc City Council abo findl that there are no additional felRgtle rnitiptioa IDCllUlCI or a1temativcs within its powen that would IUbatandally leaam or avoid any significant alrects that the MSHCP would have on tbe eaYironmem

D The City Cowxil concms with the statcmrm ofoveniding comidlaquoarions in County Resolution No 2003-299 and adopta the statlllncnt and finds that the beneampu ofthe MSHCP outweigh the adverse enWonmental impaeb not roduced to below aJeYel f4 significance

II DETEBMINATION

NOW THEREFORE the City Council hereby

A Appnma the MSHCP

B Autborizeaand directs that a Notice ofIgtetaminltion sball be filed with die Clerk of the County ofRiverside within five (S) workmg daya ofapproval ofthe MSHCP

C Authorizes the Mayor to execute MSHCP implementation agrecmcnt1

(_

c

SENT BV CITY OF BEAUMONT 9og 769 9526 JUN -30 -04 9 05 ~AGE 6

I

Resol~ No 2003-28 Page4 Qt dB 1 2003

PASSBD AND ADOPTED by the City Council ofthe City ofBmumont at aregular

meeting held October middot 2003

MOVED PASSED and ADOPTED this 7th day of October 2003 by the following vote

AYES Mayor DeForge Council Member nr~sa~l Fox Berg and Valdivia NOS Hone ilSNT Ntme ABStAIN1 N6lSe

(__

c

SENT BV CITY OF BEAUMONT 9og 769 9526 JUN -30 -04 9 05 ~AGE 6

I

Resol~ No 2003-28 Page4 Qt dB 1 2003

PASSBD AND ADOPTED by the City Council ofthe City ofBmumont at aregular

meeting held October middot 2003

MOVED PASSED and ADOPTED this 7th day of October 2003 by the following vote

AYES Mayor DeForge Council Member nr~sa~l Fox Berg and Valdivia NOS Hone ilSNT Ntme ABStAIN1 N6lSe

(__