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HomeMy WebLinkAboutItem No. 1CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF JANUARY 17, 2012 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Vice Chairperson O'Neal led the Pledge of Allegiance. ROLL CALL ~1 Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Blake Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Bradyla`na~anagelorelion, Public Works Director Seumalo City Attorney Lei Id, aOnsultant Coury, Planning Associate Resendiz, and_V- a Specia v6t, errin -Qi Sharon Gallia . reside stated that Castle and Cooke gave up their `o m put a krl on the property. She noted that she has docu , entation fro Co0ryf Riverside that confirms it. She requested that they ing Commi revre- e documents, and she reiterated that they don't ha _ esting on R, ama 0n tPlan No. 112. 1. Approval oM'nning Commission Minutes Recommendation: Approve the following Minute(s): a. January 3, 2012 Motion by Commissioner Morsch, seconded by Commissioner Gonzales, to approve the Planning Commission Minutes of January 3, 2012.; Motion passed by 5-0 vote. PC February 21, 2012 Item No. 1 Page 1 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 2 of 7 PUBLIC HEARING ITEM(S) 2. Reclamation Plan No. 2008-01 and Vested Right to Mine - Reclamation Plan No. 2008-01 and Vested Right to Mine - Reclamation Plan for an 85.76-acre mining site, generally located along the east side of the 1-15 Freeway between Nichols Road and Lake Street. The project site was previously within the 3,457 acre boundaries of Reclamation Plan 112. The Planning Commission will consider the approval of the proposed Reclamation Plan 2008-01 for the site and whether the owner has a legal vested right for quarrying on the site pursuant to SMARA and Lake Elsinore are Municipal Code Chapter 14.04. Recla tion will include, but is not limited to, the restoration and revegetat Qr-'of any disturbed land associated with the project site. Mitigated Ne t fih-,- eclaration No. 2008- 08 was prepared for the project according t«. he C i:, mia Environmental Quality Act. m., _ . Recommendation: It is recommended that the Planning `C 1i?.%.Tssibn adopt Resolution No. 2012--approving Mitigated Negative 1claration No. 2008-08; adopt Resolution No. 2012--proving MSA Consistency, and adopt Resolution No. 2012-_ co ~01 ii-11 the vesteg right and approving Reclamation Plan No. 2008-t1. IT ecomme ation is based on the findings, exhibits and conditions of aplzUadhed to this staff report. Vice Chairperson Cfea uested th this item be postponed because the Commission did eceiv ocumentati'r n from staff regarding whether or not MCA has a ves ed i to a the prop City Attorney Leibold stated that following a 207 cou -f vested rights is required to be the subject T ` Hearin, She st a that a discussion of vested rights was includgdn the s ~fepo d discussed at the October 18, 2011 Planning Carp"4on meetmd is a eluded in the current staff report. She further stated he applican, as -ditional information and correspondence that he H would like VA'§n esent to Commission at tonight's meeting and encouraged the Commissioold the blic hearing pursuant to the Public Notice. She noted that the public he ringa as properly noticed by publication, posting and mailing and that there we people in the audience that wanted to speak on the item. She stated that if,fter hearing all of the testimony, any Commissioner believes he or she doesn't have sufficient evidence and would like to continue the item or deny the item, he or she can make that recommendation. Vice Chairperson O'Neal stated that he believes that the meeting is out of order. City Attorney Leibold stated that the meeting is not out of order. She explained to the Commission the protocol regarding Notices of Public Hearing and the procedure that could be followed to continue the confirmation of vested mining rights and the Reclamation Plan. Commissioner Morsch explained that the City has noticed a Public Hearing for the item and the Planning Commission has an obligation to hold the hearing. He also stated that the City has done its duty and obligation to PC February 21, 2012 Item No. 1 Page 2 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 3 of 7 have the hearing and believes that the Commission should go forward with the Public Hearing and make a decision once the information is presented. Chairperson Jordan stated that she agreed with Commissioner Morsch to proceed with the hearing. Planning Consultant Coury presented the staff report. Sharon Gallina of Alberhill Ranch stated that MCA is not vested and they purchased parcel numbers 390-210-014 and 019 at the end of 1995 after Pacific Clay gave up their vested rights for Reclamation Plan (RP) 112. She also stated that MCA purchased the land from Long Beach Equi and Long Beach Equities wasn't going to mine that land. She stated rift SNIP 173 properties were purchased in 1986, not vested land per the Cou * cords. James Good, Attorney for MCA, stated Commission in October 2011, he indicated never abandoned; and is again stating that. Clay as of January 1, 1976, the effective the extent of the vesting right and the vestin MCA area. He explained that MCA purcha as a mining property and always the int evidence that RP 112 was ever ~d evidence that the vesting right to e ' that MCA understands that they ha a to acceptable to all ag- = I I,- and they documentation and - Idea t that tim he noted that the v right ine was r1-v evidence that they g e, it He relterae with the land. thq~_ When WE ent before the ~f ;Iat °fhe vesting r t to mine was vestin was estab f`Id y Pacific f SM = RP 112 Is=ldence of t.t eti]'ded miningf clay in the s e d 0 ` roperty about 20 years ago ent toE the property. There is no from thRerty and there is no er abanded. He also stated reclamation plan that is they e done that. There was Coun of Riverside recognized and er an issue and there was never any that the vesting mining rights run Pauli ehrani s - a that has a copy of a document from the County of Rivet who was t - ad for for RP 112 when it was vested in 1976. She stated t he docume s dat#d' April 1995, which states that Pacific Clay gave up their v rights fo P 112 because they wanted to put a kiln on the site. Vice Chairpe O'Ne requested copies of this document be provided to the Commission. e i stated that she would forward a copy of the document to the City. Chai - on Jordan asked Ms. Tehrani with what mechanism did they give up thei vesting right. Ms. Tehrani stated that they gave up their vesting rights by putting in a kiln. Commissioner Morsch asked if there is specific language in the document that states that they gave up their vesting rights. Ms. Tehrani read a statement from the document to the Commission regarding the kiln and requested that the Commission postpone the item until they can speak to the County of Riverside regarding the issue. Mr. Good addressed the Commission regarding the kiln and stated that it has nothing to do with MCA's property. Commissioner O'Neal confirmed with Mr. Good that his contention is that the reclamation portion is important and not the PC February 21, 2012 Item No. 1 Page 3 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 4 of 7 surface mining. Mr. Good stated this was correct. Chairperson Jordan asked for clarification regarding a recorded document to relinquish vested rights. City Attorney Leibold stated that the abandonment of the intent to mine does not necessarily have to manifest itself in a recorded document but there has to be a clear intent to abandon. She also stated that the SMP property and the kiln are not located on the MCA property. She also noted that RP 112 was processed in 1978 in response to SMARA requirements that established mining operations prepare reclamation plans. Commissioner Blake stated that he had concerns regarding noise levels, dust control, drainage and clean water run off. He also wante ake sure that any staff in the future would be educated regarding require t guidelines for mining and reclamation. He also stated he doesn't want t a to become a dump site. City Attorney Leibold addressed his concern- y re cing the proposed conditions of approval and stated that based` I I the r - s the City has reviewed, the materials that Mr. Good has p. f;Se d, and th 's discussion in 2007 with the County, there was an ac ledgment of a ves ht to mine for the site. Public Works Director Seum' l addre e td Commiss 46 Blake's si issues regarding drainage and the clean water rof program. Vice Chairperson O'Neal asked ctor SeumaloIf, a or Planning Consultant Coury have visited the site recent) }tor Seur gted that he was there in late December 2011. Planning Co sut ury stat that he was at the site in September 2011. -A.- Commissioner Gory es d where . e clay ~nrould be processed. Martin Derus, Lilburn Mpration;l tated that A I is crushed and dried on the site. Commissioner G~onz" sta : that he re arched vested rights on the Internet but wasn't su out t ~ off i g~'use. City Attorney Leibold explained non conf to t- -ommiss r~ Commissioner Morsch stated that he didn't k that pu jn a automatically triggers a relinquishment of vesting right also aske ctor alo how often the inspections would be done as part a recIII at plan nd if the City gets reimbursed from the operator for the cod - the insp Lions. Director Seumalo stated that the City does at least one insp on p, year and indicated that staff also does at least two informal on-sltee ec-Yrons per year. He stated that per SMARA and the City Ordinance, the m g operators are required to pay a deposit for staff and consultant time. Commissioner Morsch asked Mr. Derus if the applicant is going to extend a water line to the water tanks so that they can fill the water trucks or are the water trucks going to be filled where the water line ends at the site. Mr. Daris stated that they would be filled where the water line is currently located and fill a portable tank on site. Commissioner Morsch asked Mr. Derus to explain how the water will be drained on Pad 3 and how they are protecting the open areas. Mr. Derus described the location of the drainage and stated that there is an erosion plan in the reclamation plan which describes how they would utilize different types of PC February 21, 2012 Item No. 1 Page 4 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 5 of 7 erosion control measures depending on the situation. Commissioner Gonzales stated that the road into the project area is dirt and asked if they intend on paving the road. Mr. Derus stated that the road is paved up to the property and they are required to pave 100 feet into the property. Commissioner Morsch stated that he was impressed with the Reclamation Plan and indicated that most of his issues have been addressed but he had a few concerns. He also stated that staff did an excellent job. He asked that a Geotechnical Report be part of the Reclamation Plan, he also had mitigation issues regarding endangered species. Planning Manager Morelion asked Mr. Derus to address his concerns. Mr. Derus explained the,,q`f ion measures. Commissioner Morsch verified with Mr. Derus that therare standard mitigation measures that are in place that they would follow if th# 1'UL scovered endangered species on the site prior to their mining opera fpfi Derus stated that consultation goes through Fish and Wildlife an a s"end Ga Vice Chairman O'Neal asked if this has been done. Mr. Derns a that the a not. Vice Chairperson O'Neal asked Mr. Denis '-e cor ration has a 4 or 1601 permit. Mr. Derus stated no. Vice Chairp F, meal asked Ay they are grading without permits and stated that the Plan Commission needs all of the evidence on record to make a nonreversible jud t to dispel any notion of making decisions on insufficient &4He furthe d that when this item was presented to the Commission i[1,ffbli _2011 1, tl y specifically asked for biological studies which were not inclined ~h1#s _nda packets, and noted that only the deferral of Mil 's sin was included He st~ that he believes that there are endangered sp - es ]ants in the area wh~ch haven't been identified and in order to do an. . ,ttgation, lev have tote identified. Chairperson Jordan st rariderstanding that what is before the Commissi n o clam plan, no their mining activities. City Attorney Leibold~tated that first ion the Commission needs to make is confirming the;of land owns y M Mas a vested right to mine and if they have a vested,fi Ito mine the hey n ed to make a determination regarding approval of the rection plan. " Chairperson Jo a s~afied that the biological report findings, the traffic analysis, x and the reclamati "an are sufficient and she doesn't have any issues with the mining. She requested clarification regarding the two sets of conditions in the staff report. Commissioner Blake clarified that the first set of conditions are for the mining operation and the second set are for the reclamation plan. Commissioner Morsch requested to change the wording on Condition No. 70 to read "a slope stability report shall be submitted in the annual report to the City Engineer" and to include "both surficial and geological characteristics". Motion by Commissioner Morsch, seconded by Commissioner Blake to approve Resolution No. 2012-02; A Resolution of the Planning Commission of the City of PC February 21, 2012 Item No. 1 Page 5 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 6 of 7 Lake Elsinore, California, approving Mitigated Negative Declaration No. 2008-08; Motion passed 4-1. Motion by Commissioner Morsch, seconded by Chairperson Jordan to approve Resolution No. 2012-03; A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project identified as Reclamation Plan No. 2008-01 is exempt from the Multi-Species Habitat Conservation Plan (MSHCP); Motion passed 4-1. Motion by Chairperson Jordan, seconded by Commissioner Morsch to approve Resolution No. 2012-04; A Resolution of the Planning Co Y ;ission of the City of Lake Elsinore, California, confirming a vested min'rg right and approving Reclamation Plan No. 2008-01 with the modifica. z Condition No. 70 as mentioned; Motion passed 4-1. Ok BUSINESS ITEMS 3) the originally approved Uniform Sign J existing Plaza at Lakeview Professior4l located at 31569 & 31571 r nvon Estates Recommendation It is recommend 2012- a oW based on #I .fi ndir G-n Planning Ass plate Rest The ap I cant, De t au The Commissioner - AmendJ, No. 2 to (USP 200 -10) for the and Medical Complex the Pld ,Ifig Com .iftsion adopt Resolution No. form SI= Progra` Amendment No. 2011-01, hibits, an ' Rroposed conditions of approval. Staff Report. the Commission. suggested that the City scan Specific Plans on line. Planning Associate Resendiz stated that staff is currently working on scanning all projects on line, in addition to Specific Plans. Commissioner Morsch applauded staff for the good job at the State Board Mining meeting. STAFF COMMENTS had PC February 21, 2012 Item No. 1 Page 6 of 7 City of Lake Elsinore Planning Commission Regular Meeting Minutes of January 17, 2012 Page 7 of 7 Planning Manager Morelion indicated to Vice Chairperson O'Neal that he would follow up with Information Technology Supervisor Soto regarding status of iPads. He also stated that during the retrofit at the Cultural Center, the Planning Commission meetings would be moved to the Senior Activities Center located at 420 E. Lakeshore Drive, and the Commission would be notified as to the dates. CITY ATTORNEY'S COMMENTS None. ADJOURNMENT There being no further business to come Chairperson Jordan adjourned the meeting meeting of the Planning Commission of the C Tuesday, February 7, 2012, at 6:00 p.rt 183 N. Main Street, Lake Elsinore, CalifornrQ the Wing Commission, 4 p.m. he next regular 9ke Elsino - ill be held on Cultural Cr..located at Attest: Warren MorelioQJ. Planning Manager PC February 21, 2012 Item No. 1 Page 7 of 7