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HomeMy WebLinkAbout01-17-2012 NAHCITY 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 Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Blake Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Brady, Planning Manager Morelion, Public Works Director Seumalo, City Attorney Leibold, Planning Consultant Coury, Planning Associate Resendiz, and Office Specialist Herrington. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES Sharon Gallina, resident in Alberhill Ranch, stated that Castle and Cooke gave up their vested right to mine to put a kiln on the property. She noted that she has documentation from the County of Riverside that confirms it. She requested that the Planning Commission review the documents, and she reiterated that they don't have vesting on Reclamation Plan No. 112. CONSENT CALENDAR ITEM(S) 1. Approval of Planning 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. 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. Reclamation will include, but is not limited to, the restoration and revegetation of any disturbed land associated with the project site. Mitigated Negative Declaration No. 2008- 08 was prepared for the project according to the California Environmental Quality Act. Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2012--approving Mitigated Negative Declaration No. 2008-08; adopt Resolution No. 2012-_ approving MSHCP Consistency, and adopt Resolution No. 2012-_ confirming the vested mining right and approving Reclamation Plan No. 2008-01. This recommendation is based on the findings, exhibits and conditions of approval attached to this staff report. Vice Chairperson O'Neal requested that this item be postponed because the Commission did not receive documentation from staff regarding whether or not MCA has a vested right to mine the property. City Attorney Leibold stated that following a 2007 court case, the issue of vested rights is required to be the subject of a Public Hearing. She stated that a discussion of vested rights was included in the staff report and discussed at the October 18, 2011 Planning Commission meeting and is also included in the current staff report. She further stated that the applicant has additional information and correspondence that he would like to present to the Commission at tonight's meeting and encouraged the Commission to hold the public hearing pursuant to the Public Notice. She noted that the public hearing was properly noticed by publication, posting and mailing and that there were people in the audience that wanted to speak on the item. She stated that if, after 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 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 Equities and Long Beach Equities wasn't going to mine that land. She stated that SMP 173 properties were purchased in 1986, not vested land per the County records. James Good, Attorney for MCA, stated that when he went before the Commission in October 2011, he indicated that the vesting right to mine was never abandoned; and is again stating that the vesting was established by Pacific Clay as of January 1, 1976, the effective date of SMARA. RP 112 is evidence of the extent of the vesting right and the vesting right included mining of clay in the MCA area. He explained that MCA purchased the property about 20 years ago as a mining property and always had the intent to mine the property. There is no evidence that RP 112 was ever released from the property and there is no evidence that the vesting right to mine was ever abandonded. He also stated that MCA understands that they have to present a reclamation plan that is acceptable to all agencies and they feel they have done that. There was documentation and evidence at that time the County of Riverside recognized and noted that the vesting right to mine was never an issue and there was never any evidence that they gave it up. He reiterated that the vesting mining rights run with the land. Pauline Tehrani stated that she has a copy of a document from the County of Riverside who was the lead agency for RP 112 when it was vested in 1976. She stated that the document is dated April 1995, which states that Pacific Clay gave up their vested rights for RP 112 because they wanted to put a kiln on the site. Vice Chairperson O'Neal requested copies of this document be provided to the Commission. Ms. Tehran! stated that she would forward a copy of the document to the City. Chairperson Jordan asked Ms. Tehrani with what mechanism did they give up their 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 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 wanted to make sure that any staff in the future would be educated regarding requirement guidelines for mining and reclamation. He also stated he doesn't want the area to become a dump site. City Attorney Leibold addressed his concerns by referencing the proposed conditions of approval and stated that based on the records the City has reviewed, the materials that Mr. Good has presented, and the City's discussion in 2007 with the County, there was an acknowledgment of a vested right to mine for the site. Public Works Director Seumalo addressed Commissioner Blake's issues regarding drainage and the clean water run off program. Vice Chairperson O'Neal asked Director Seumalo if he or Planning Consultant Coury have visited the site recently. Director Seumalo stated that he was there in late December 2011. Planning Consultant Coury stated that he was at the site in September 2011. Commissioner Gonzales asked where the clay would be processed. Martin Derus, Lilburn Corporation, stated that it is crushed and dried on the site. Commissioner Gonzales stated that he researched vested rights on the Internet but wasn't sure about the non-conforming use. City Attorney Leibold explained non conforming use to the Commission. Commissioner Morsch stated that he didn't think that putting in a kiln automatically triggers a relinquishment of vesting right. He also asked Director Seumalo how often the inspections would be done as part of the reclamation plan and if the City gets reimbursed from the operator for the cost of the inspections. Director Seumalo stated that the City does at least one inspection per year and indicated that staff also does at least two informal on-site inspections per year. He stated that per SMARA and the City Ordinance, the mining 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 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 mitigation measures. Commissioner Morsch verified with Mr. Derus that there are standard mitigation measures that are in place that they would follow if they discovered endangered species on the site prior to their mining operation. Mr. Derus stated that consultation goes through Fish and Wildlife and Fish and Game. Vice Chairman O'Neal asked if this has been done. Mr. Derris stated that they have not. Vice Chairperson O'Neal asked Mr. Derus if the corporation has a 404 or 1601 permit. Mr. Derus stated no. Vice Chairperson O'Neal asked why they are grading without permits and stated that the Planning Commission needs all of the evidence on record to make a non-reversible judgment to dispel any notion of making decisions on insufficient evidence. He further stated that when this item was presented to the Commission in October, 2011, they specifically asked for biological studies which were not included in the Agenda packets, and noted that only the deferral of mitigation was included. He stated that he believes that there are endangered species and plants in the area which haven't been identified and in order to do any mitigation, they have to be identified. Chairperson Jordan stated that it is her understanding that what is before the Commission is a reclamation plan, not their mining activities. City Attorney Leibold stated that the first decision the Commission needs to make is confirming the area of land owned by MCA has a vested right to mine and if they have a vested right to mine then they need to make a determination regarding approval of the reclamation plan. Chairperson Jordan stated that the biological report findings, the traffic analysis, and the reclamation plan 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 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 Commission of the City of Lake Elsinore, California, confirming a vested mining right and approving Reclamation Plan No. 2008-01 with the modification to Condition No. 70 as mentioned; Motion passed 4-1. BUSINESS ITEMS 3) Uniform Sign Program Amendment No. 2011-01 - Amendment No. 2 to the originally approved Uniform Sign Program (USP 2007-10) for the existing Plaza at Lakeview Professional Office and Medical Complex located at 31569 & 31571 Canyon Estates Drive Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2012-_ approving Uniform Sign Program Amendment No. 2011-01, based on the findings, exhibits, and proposed conditions of approval. Planning Associate Resendiz presented the Staff Report The applicant, Derek Hauser addressed the Commission The Commission had no comments. PLANNING COMMISSIONER'S COMMENTS Commissioner Morsch 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 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 before the Planning Commission, Chairperson Jordan adjourned the meeting at 7:24 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore will be held on Tuesday, February 7, 2012, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Shelly Jordan Chairperson ttest: Warren Morelion, AICP Planning Manager