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HomeMy WebLinkAbout10-18-2011 NAHPage 1 of 5 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 18, 2011 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Morsch led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Brady, Planning Manager Morelion, Public Works Director Seumalo, City Attorney Leibold, Planning Consultant Coury, Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES Brian Dahl addressed the Planning Commissioners regarding conversations he had with Planning Manager Morelion and his concerns about the General Plan as it relates to the implementation of zoning on his property located at 17037 Lakeshore Drive. Planning Manager Morelion, City Attorney Leibold, and the Commission addressed his questions and concerns regarding his property. Chairperson Jordan asked what the schedule is for the adoption of the General Plan. Planning Manager Morelion stated that they are hoping that it will be completed by the end of the year. Mr. Dahl asked to be contacted once they have an answer. CONSENT CALENDAR ITEM(S) 1. Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • September 20, 2011 • October 4, 2011 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 2 of 5 Motion by Commissioner Morsch, seconded by Vice Chairperson O'Neal, to approve the Planning Commission Minutes of September 20, 2011, and October 4, 2011; Motion passed by 4 -0 vote. PUBLIC HEARING ITEMS) 1. Reclamation Plan No. 2008 -01 — Reclamation Plan for an 85.76 acre mining (Alberhill Southwest Shale Mine), generally located along the east side of the 1 -15 Freeway between Nichols Road and Lake Street. Reclamation will include but is not limited to restoration and re- vegetation of any disturbed land associated with the project site. Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2011 - approving Mitigated Negative Declaration No. 2008 -08; adopt Resolution No. 2011 - approving MSHCP Consistency, and adopt Resolution No. 2011- confirming the vested mining right and approving Reclamation Plan No. 2008 -01. Planning Consultant Coury presented the staff report and distributed to the Planning Commissioners a signed "Acknowledgment of Draft Conditions" form. He noted that changes were made to Condition No. 11 regarding hours of operation, and also changes to Condition No. 30 regarding haul route. Planning Consultant Coury also distributed to the Commission a mitigation measures document. The applicant, Yoshi Suzuki of Maruhachi Ceramics of American (MCA), Inc. addressed the Commission. Jim Good, Attorney for MCA, addressed the Commission regarding vested rights and the Reclamation Plan. He noted that the project is well conditioned and well mitigated. He requested approval of the project. Sharon Galina, resident of Alberhill Ranch, asked about vesting rights and inquired who will be mitigating the environmental impact. City Attorney Leibold explained vesting rights and the environmental impact. Paulie Tehrani, resident of Alberhill Ranch, stated that the project has been brought to the State's attention and indicated that they are looking into it. Ms. Tehrani discussed a number of environmental issues relating to the vesting rights and requested that these issues be addressed. City Attorney Leibold stated that the Department of Mining and Reclamation have reviewed the reclamation plan twice and their comments have been incorporated; she further asked that City staff and the mining operator are working closely with the State, and Office of Mine Reclamation has reviewed the plan and has no problems at this point. She also stated that the vesting mining right runs with the land, not with the City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 3 of 5 reclamation plan so there has been no interruption with the vesting rights. Mr. Good stated that the reclamation plan doesn't technically have anything to do with the actual state of vesting of the mine. Vice Chairperson O'Neal stated that he is not in favor of the project because it is not properly mitigated. He stated that the biology report was done in 2007, and a more recent report needs to be done. In addition stated that he had a letter from Dr. Jack Turner who did the biology report which indicated that biological surveys are generally given a one year shelf life. He also stated that MCA surveys are four or more years out of date and cannot represent the current biological site conditions. Additionally, Vice Chairperson O'Neal stated that no geological reports were included with staff's presentation, and no information has been received by the Army Corp of Engineers. Chairperson Jordan asked if there are any requirements regarding updating biology reports. She noted that four years old does seem outdated. City Attorney Leibold stated that CEQA doesn't establish a hard fast rule for the life of a biological study, it depends on the circumstances. She informed the Commission that it is a determination they have to make. Martin Derus, Lilburn Corporation (Environmental Consultant for MCA) stated that he prepared the Mine Reclamation Plan and assisted with preparation of the Mitigated Negative Declaration. He stated that the conditions of approval address the issues that Vice Chairperson O'Neal mentioned and he discussed those conditions. He explained that the mining operation is a clay operation and explained the process of the operation. Chairperson Jordan asked about on -site drainage. Mr. Derus stated that there are four on -site drainages. Commissioner Morsch asked how the clay would be excavated and exported. Mr. Derus explained the process. Commissioner Morsch stated that the Biology Report and Traffic Study are outdated and need to be updated and noted the 2006 fires affected the vegetation in the area. Commissioner Morsch asked Director of Public Works Seumalo to check into the haul route as stated in Condition No. 30. Director Seumalo stated that he would review the Ordinance and follow up with Commissioner Morsch. Commissioner Morsch stated that Condition No. 64G and 76 have the same verbiage and requested that those Conditions be revised. He also noted that there is a conflict between the verbiage on page 7 of the Mitigated Negative Declaration and Condition No. 61. Director Seumalo stated that he would amend the conditions. Commissioner Morsch asked Director Seumalo to explain how the numbers were derived on the Financial Assurance. Director Seumalo stated the cost estimate is based on the proposed use for mining to the proposed reclamation final elevation conditions of today's prices. Vice Chairperson O'Neal stated that this cost seemed low. Commissioner Morsch suggested a City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 4 of 5 continuance until the applicant can provide updated environmental information to the Commission. Mr. Good explained the cash bond under SMARA. Commissioner Gonzales also suggested a continuance for the applicant to provide an updated traffic study and other updated environmental information. Chairperson Jordan asked if the broadcast seeding will be hand thrown or done by a machine, and if it is by a machine, is it included in the financial analysis. Director Seumalo stated that hydro seed will be used and is included in the financial analysis. Chairperson Jordan stated that APN numbers 014 and 019 were included in the Resolution and do not belong on that particular Resolution. Planning Consultant Coury stated that the Resolution would be revised to exclude those APNs. Chairperson Jordan stated that the Biology Report and the Traffic Report need to be revised to reflect today's conditions. Mr. Good stated that the report is old because it took a long time for the project to go to the Planning Commission. Vice Chairman O'Neal stated that the Reclamation Plan and the Negative Declaration are dated 2010 and asked if the reports were submitted to the City in 2007. Planning Consultant Coury stated that May 2010 represents the final document which includes the review and comments. Commissioner Mendoza stated that if the report is going to be amended by the applicant, there should be a clear distinction between a percentage of machine shakers for the actual mining operation and the reclamation emissions. He also stated that the reclamation plan should be reviewed with the Climate Action Plan and General Plan. Mr. Good stated that this is not an application for a mining permit and legally, the mining is not technically up for review. Commissioner Morsch is requesting clarification of the reclamation process, emissions, traffic impact, and the financial assurance relating to the reclamation plan. Motion was made by Vice Chairperson O'Neal, seconded by Commissioner Morsch, to continue Reclamation Plan No. 2008 -01, until such time the applicant 1) updates the biology report, traffic study, and provides a geotechnical report; 2) clarifies within the report specific issues that deal with the reclamation plan; and, 3) provides a description of the mining operations; Motion passed 4 -0. City Attorney Leibold stated that staff will re- notice a new hearing at such time as the updated environmental work is complete. BUSINESS ITEMS None. City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 5 of 5 STAFF COMMENTS Planning Manager Morelion stated that staff looked into the "What -Ah- Deli" signage per Vice Chairperson O'Neal's request and staff is working with the property owner to remove the temporary signs and post permanent signs. PLANNING COMMISSIONER'S COMMENTS Commissioner Gonzales asked about non - permitted signs that are nailed to trees on Main Street. Planning Manager Morelion stated that staff will look into this and will follow up with him. Commissioner Morsch stated that he is a member of the Citizen's Corp and attended the Shakeout Expo for Disaster Preparedness located at Lakepoint Park and said it was very informative and there was a good turnout. Vice Chairperson O'Neal stated that he spoke to City Manager Brady and Planning Manager Morelion about the Planning Commissioners going to I Pads and having paperless agendas and appreciated their consideration. He noted that if funding is a problem, he offered to pay for his own I Pad. CITY ATTORNEY'S COMMENTS None. STAFF COMMENTS None. ADJOURNMENT There being no further business to come before the Planning Commission, Chairperson Jordan adjourned the meeting at 7:32 p.m. The next regular Planning Commission meeting of Tuesday, November 2, 2011, will be cancelled, due to the lack of Public Hearing items. r " M� 111 1 1 I Chair Shelly Jord­ad�� Attest: Warren Morelion Planning Manager