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HomeMy WebLinkAboutItem No. 2CITY OF ^R LADE L LSI lYORE DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER PREPARED BY: KIRT A. COURY PROJECT PLANNER DATE: OCTOBER 18, 2011 SUBJECT: RECLAMATION PLAN NO. 2008 -01 — RECLAMATION PLAN FOR AN 85.76 ACRE MINING SITE (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 REVEGETATION OF ANY DISTURBED LAND ASSOCIATED WITH THE PROJECT SITE. APPLICANT YOSHI SUZUKI, MARUHACHI CERAMICS OF AMERICA, INC, & OWNER: (MCA) 1985 SAMSON AVENUE, CORONA, CA 92879 Project Request/Location The request before the Planning Commission is for review and approval of a Reclamation Plan for an 85.76 -acre site known as the Alberhill Southwest Shale Mine (the 'Project "). The Reclamation Plan outlines how mined lands will be reclaimed, rehabilitated, and revegetated. The Reclamation Plan has been reviewed pursuant to state law, Lake Elsinore Municipal Code (LEMC) Chapter 14.04, and Alberhill Ranch Specific Plan Amendment No. 3. The 85.76 acre site which forms the basis for the Reclamation Plan is generally located on the east side of the 1 -15 freeway, between Nichols Road and Lake Street, and which is more particularly described in Attachment 1 attached hereto (the "Project Site "). PC October 18, 2011 Item No. 2 Page 1 of 30 RECLAMATION PLAN NO. 2008 -01 OCTOBER 18, 2011 PAGE 2OF5 ENVIRONMENTAL SETTING Undeveloped and vacant areas neighbor the Project Site to the north, east and south. The 1 -15 Freeway borders the western perimeter of the Project Site. Further north of the project site is an existing single family residence. PROJECT BACKGROUND Pacific Clay owns approximately 3,457 acres of land adjacent to the 1 -15 freeway, some of which lies within the City's boundaries and a portion of which lies within the County's boundaries. Pacific Clay has operated a major brick production operation at its Pacific Clay mine since the early 1900s. In 1975, the California Legislature adopted the Surface Mining and Reclamation Act (Cal. Pub. Res. Code §§ 2710 et seq.: "SMARA "). SMARA is designed to protect the extraction of minerals as an essential element to the continued economic well -being of the state. In enacting SMARA, the Legislature expressly intended to create and maintain an effective and comprehensive surface mining and reclamation policy for the regulation of surface mining operations. To achieve this end, SMARA generally requires surface mining operations to obtain a surface mining permit and approved reclamation plan from the lead agency and to provide financial assurances to implement the planned reclamation. Notwithstanding the foregoing, SMARA exempts certain projects from the surface mining permit requirement. According to SMARA, if a project has a vested mining right, the project does not need to obtain a surface mining permit and can continue its mining operations consistent with prior procedures. The project is not relieved, however, of the PC October 18, 2011 Item No. 2 Page 2 of 30 EXISTING ZONING GENERAL PLAN LAND USE Project Vacant Alberhill Ranch Specific Alberhill Ranch Specific Plan Site Plan North Vacant/ Riverside County Mountainous and Open Single- Space (Riverside County Family General Plan) Residential South Vacant Riverside County Mountainous and Open Space (Riverside County General Plan East Vacant Riverside County Mountainous and Open Space (Riverside County General Plan) West 1 -15 Freeway Interstate 15 Freeway Interstate 15 Freeway PROJECT BACKGROUND Pacific Clay owns approximately 3,457 acres of land adjacent to the 1 -15 freeway, some of which lies within the City's boundaries and a portion of which lies within the County's boundaries. Pacific Clay has operated a major brick production operation at its Pacific Clay mine since the early 1900s. In 1975, the California Legislature adopted the Surface Mining and Reclamation Act (Cal. Pub. Res. Code §§ 2710 et seq.: "SMARA "). SMARA is designed to protect the extraction of minerals as an essential element to the continued economic well -being of the state. In enacting SMARA, the Legislature expressly intended to create and maintain an effective and comprehensive surface mining and reclamation policy for the regulation of surface mining operations. To achieve this end, SMARA generally requires surface mining operations to obtain a surface mining permit and approved reclamation plan from the lead agency and to provide financial assurances to implement the planned reclamation. Notwithstanding the foregoing, SMARA exempts certain projects from the surface mining permit requirement. According to SMARA, if a project has a vested mining right, the project does not need to obtain a surface mining permit and can continue its mining operations consistent with prior procedures. The project is not relieved, however, of the PC October 18, 2011 Item No. 2 Page 2 of 30 RECLAMATION PLAN NO. 2008 -01 OCTOBER 18, 2011 PAGE 3 OF 5 requirement to prepare a reclamation plan and, thereafter, to establish financial assurances. Alberhill Southwest Shale Mine is part of Pacific Clay's 3,457 acres of land and represents a small portion of the overall mining operation which has been ongoing since the early 1900s. In 1978, Pacific Clay processed and obtained approval of a Reclamation Plan 112 for its vested surface mining operation. Recognizing that mining of such a large site would take place over time and that once minerals were extracted from one area, the operator would move to a new location within the site to pursue its mineral interest, the Reclamation Plan 112 expressed Pacific Clay's intent to mine the entire property. The Reclamation Plan is identified as RP 112 and included the 85.76 acre Alberhill Southwest Shale Mine Project Site. After the passage of SMARA, Alberhill Southwest Shale Mine sought and secured a Surface Mining Permit (SMP #00173) from the County of Riverside for its mining operations. While RP 112 was recently amended to retract the boundaries to those properties currently owned by Pacific Clay, the vested mining right runs with the land to the benefit of subsequent property owners. Consequently, the Alberhill Southwest Shale Mine has a vested right to mine on the Project Site and is not required to secure a mining permit. The proposed Alberhill Southwest Shale Mine Reclamation Plan has been prepared pursuant to SMARA and the City's Surface Mining regulations contained in Chapter 14.04 of the Lake Elsinore Municipal Code. The Project Site is now within the City's corporate boundaries and is physically separated from Pacific Clay's mining operations. The lead agency for the Alberhill Southwest Shale Mine is the City of Lake Elsinore. As such, the attached Reclamation Plan has been submitted for review and approval by the Planning Commission. Zoning for the Project Site is governed by the Alberhill Ranch Specific Plan. The uses outlined in the Reclamation Plan are consistent with the provisions of the Alberhill Ranch Specific Plan and associated amendments, including Specific Plan Amendment No. 3. The Reclamation Plan is designed to reclaim, rehabilitate, and revegetate the mined land. Mitigation measures have been included in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and conditions of approval to minimize potentially significant impacts of the Project on the surrounding community and environment. The Reclamation Plan satisfies the City's Surface Mining and Reclamation policies set forth in Lake Elsinore Municipal Code Chapter 14.04. PROJECT DESCRIPTION A reclamation plan is a document that outlines the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations. The goal of a reclamation plan is to restore mined lands to a usable condition which is readily adaptable for alternate land uses compatible with zoning and the general plan. The PC October 18, 2011 Item No. 2 Page 3 of 30 RECLAMATION PLAN NO. 2008 -01 OCTOBER 18, 2011 PAGE 4 OF 5 reclamation process involves backfilling, grading, resoiling, revegetation, soil compaction, stabilization, and other measures. The scope of rehabilitation set forth in the Reclamation Plan is dependent upon the extent of disturbance that is caused by the surface mining operations. It is for this reason that the Reclamation Plan contains significant discussion of the mining operations. Despite the discussion of mining operations in the Reclamation Plan, the purpose of the Reclamation Plan is to establish the methodology and strategy for rehabilitating and revitalizing the impacted areas. MCA produces customized clay roofing tiles for residential to high -end commercial developments. The company will begin mining the Alberhill Southwest Shale Mine site for clay material to supply the company's production facility in the City of Corona. The proposed project is the reclamation of the mine site operation. Reclamation will occur concurrently as phases of the site are mined and the final reclamation of the site will be stable, revegatated pads and slopes available for future uses consistent wit the City's General Plan and the Alberhill Ranch Specific Plan. The site will be excavated in three phases and when reclaimed, will form a series of four developable pads along the 1 -15 freeway extending north and east from the 1 -15 into higher elevations of the site. The project excavation will occur over a period estimated at 15 years. Certain reclamation activities will be on -going throughout the operational life of the mine. Once each phase has been mined, final reclamation and restoration will occur with final site reclamation during an additional two -year period. Final reclamation after completion of mining will include final contouring, cleanup, and erosion control. Any future development on the reclaimed site will be subject to appropriate separate permitting and environmental review prior to development. ANALYSIS The Reclamation Plan has been prepared pursuant to Lake Elsinore Municipal Code Chapter 14.04. The Reclamation Plan proposes design treatments to buffer proposed mining and restoration activities. Setback standards set forth in the Lake Elsinore Municipal Code and conditions of approval will be used to further separate the proposed reclamation uses from neighboring uses. With the implementation of mitigation contained in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and conditions of approval, all potentially significant environmental impacts have been mitigated to a level of insignificance. ENVIRONMENTAL DETERMINATION Based upon an Initial Study conducted on the Reclamation Plan, Staff determined that the Project may have potentially significant impacts on the environment. However, after completing all technical studies, it was determined that, with appropriate mitigation, all potentially significant effects could be mitigated to a level of insignificance. Therefore, it PC October 18, 2011 Item No. 2 Page 4 of 30 RECLAMATION PLAN NO. 2008 -01 OCTOBER 18, 2011 PAGE 5 OF 5 was determined that the appropriate environmental document for the Project is a mitigated negative declaration. The proposed Mitigated Negative Declaration No. 2008 -08 has been prepared pursuant to California Public Resources Code Section 21080.1 and Article 6 of the California Environmental Quality Act ( "CEQA ") Guidelines (14 C.C.R. §§ 15000 et seq.). Pursuant to CEQA Guidelines Section 15073, Mitigated Negative Declaration No. 2008 -08 was submitted to the County Clerk of Riverside County on May 7, 2010 for a 30 -day public review period. The Project Site, given its vested mining right, is exempt from the provisions of the Western Riverside County Multi Species Habitat Conservation Plan. The Project does not conflict with the environmental plans or policies of other jurisdictions. 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. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. Please note that pursuant to Lake Elsinore Municipal Code section 14.04.070, action taken by the Planning Commission on the Reclamation Plan is final unless appealed to the City Council. Any person wishing to file an appeal on the Planning Commission's decision must do so within fifteen (15) days of the Planning Commission's decision. Prepared By: Kirt A. Coury, > -G Project Planner Approved By: Warren Morelion, AICP`:� Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Acknowledgement of Draft Conditions 5. Reclamation Plan No. 2008 -01 6. Mitigated Negative Declaration No. 2008 -08 7. Mitigation Monitoring and Reporting Program (MMRP) 8. Financial Assurance Cost Estimate PC October 18, 2011 Item No. 2 Page 5 of 30 ALBERHILL SOUTHWEST SHALE MINE RECLAMATION PLAN APN'S: 390 - 210 -014 & 019 PC October 18, 2011 Item No. 2 Page 6 of 30 RESOLUTION NO. 2011- 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) WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), has submitted an application for Reclamation Plan 2008 -01, generally located on the east side of the 1 -15 Freeway between Nichols Road and Lake Street and commonly identifiable as APNs 390 - 210 - 015, -014, and -019 (the "Project'); and WHEREAS, the Project site is owned by MCA, Inc. and is within the Murdock Alberhill Ranch Specific Plan area. It has been determined by the City of Lake Elsinore and the Riverside Conservation Authority that the project site maintains a vested right to mine and is therefore exempt from the requirements of the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), Mitigated Negative Declaration No. 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 18, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission acknowledges the vested right to mine the identified site and therefore exempts the Project from the requirements of the MSHCP. Because the Project is exempt from the MSCHP, the Planning Commission takes no further MSHCP action with regard to this Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18 day of October 2011, by the following vote: PC October 18, 2011 Item No. 2 Page 7 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 2 Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Warren Morelion Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of October 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion Planning Manager PC October 18, 2011 Item No. 2 Page 8 of 30 RESOLUTION NO. 2011- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION NO. 2008 -08 WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), has submitted an application for Reclamation Plan 2008 -01, generally located on the east side of the 1 -15 Freeway between Nichols Road and Lake Street and commonly identifiable as APNs 390 -210- 015, -014, and -019 (the "Project'); and WHEREAS, the standards and requirements of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines apply only to discretionary projects, which are defined in CEQA Section 21065 as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Project is a discretionary project within the meaning of Section 21065 of CEQA because it involves extensive reclamation activities which may cause both a direct and indirect physical change in the environment and no reclamation activities may begin on the Project site until the Planning Commission approves the Reclamation Plan for the Project; and WHEREAS, an Initial Study was conducted on the Project and revealed that the Project may have potentially significant environmental impacts; and WHEREAS, pursuant to CEQA Guidelines 15070 - 15075, it was further determined that all potentially significant environmental impacts could be mitigated to a statistical level of insignificance and that it was appropriate to prepare Mitigated Negative Declaration No. 2006 -01 to address the environmental impacts of the project; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 18, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and has found it acceptable. The Planning Commission finds and determines the Project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated Negative Declaration No. 2008 -08 is adequate and prepared in accordance with the requirements of the CEQA and the CEQA Guidelines. PC October 18, 2011 Item No. 2 Page 9 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 -_ PAGE 2OF3 SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the Planning Commission makes the following findings for the approval of the Mitigated Negative Declaration No. 2008 -08: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the project and has agreed to specific conditions which mitigate the potentially significant environmental effects of the Project to a level of "less than significant. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received in light of the whole record, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program, and the conditions of approval. 3. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. Mitigated Negative Declaration 2008 -08, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18 day of October 2011, by the following vote: Shelly Jordan, Chairperson City of Lake Elsinore PC October 18, 2011 Item No. 2 Page 10 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 3 ATTEST: Warren Morelion Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of October 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion Planning Manager PC October 18, 2011 Item No. 2 Page 11 of 30 RESOLUTION NO. 2011- 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 WHEREAS, in 1975, the California Legislature adopted the Surface Mining and Reclamation Act (Cal. Pub. Res. Code §§ 2710 et seq.: " SMARA to protect the extraction of minerals as an essential element to the continued economic well -being of the state; and WHEREAS, SMARA generally requires surface mining operations to obtain a surface mining permit and approved reclamation plan from the lead agency and to provide financial assurances to implement the planned reclamation, but exempts certain projects from the surface mining permit requirement based upon a vested mining right; and WHEREAS, Alberhill Southwest Shale Mine is part of a 3,457 acre mining on which mining operations have been ongoing since the early 1900s and was included within the boundaries of Reclamation Plan 112 approved by the County of Riverside in 1978; and WHEREAS, Reclamation Plan 112 expressed the mining operator's intent to mine the entire 3,457 acre property, recognizing that mining of such a large site would take place over time and that once minerals were extracted from one area, the operator would move to a new location within the site to pursue its mineral interest;; and WHEREAS, vested mining rights run with the land and inure to the benefit of subsequent landowners; and WHEREAS, Maruhachi Ceramics of America, Inc. (MCA), is the successor in interest and current owner /operator of the property and has submitted an application for Reclamation Plan 2008 -01, generally located on the east side of the 1 -15 Freeway between Nichols Road and Lake Street and commonly identifiable as APNs 390 -210- 015, -014, and -019 (the "Project "); and WHEREAS, pursuant to Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Reclamation Plans; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), Mitigated Negative Declaration No. 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program were prepared to mitigate any potentially significant environmental effects of the Project to a statistical level of insignificance; and PC October 18, 2011 Item No. 2 Page 12 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 6 WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 18, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered and reviewed the Project and based upon the staff report and testimony offered at the public hearing confirms the vested mining right for the Alberhill Southwest Shale Mine. SECTION 2. The Planning Commission has considered and reviewed the Project and based upon the staff report and testimony offered at the public hearing finds it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code and the provisions of the state Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§ 2710 et seq.: "SMARA "). SECTION 3.. That in accordance with Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Reclamation Plan No. 2008 -01: 1. The granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity. Approval of the Reclamation Plan will not be detrimental to the public health, welfare or safety or injurious to neighboring properties given that the Reclamation Plan was designed to minimize exposure of the mining and reclamation activities to the public. The Project design encourages concentration of mining and reclamation activities within the inner -most boundaries of the Project site and requires set backs consistent with the Lake Elsinore Municipal Code. The Project has been conditioned to comply with the Lake Elsinore Noise Ordinance and is subject to all enforcement provisions of the Lake Elsinore Municipal Code. In addition, the potentially significant environmental effects of the Project have been analyzed and have been mitigated to a statistical level of insignificance pursuant to Mitigated Negative Declaration 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program. 2. The Reclamation Plan complies with SMARA § 2772 and § 2773, and any other applicable provisions. Reclamation Plan 2008 -01 contains all of the required elements outlined in SMARA § 2772. The Reclamation Plan identifies the name and address of the surface PC October 18, 2011 Item No. 2 Page 13 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 6 mining operator, the quantity and type of minerals to be extracted, proposed initiation and termination dates, maximum anticipated depth of surface mining operation, maps describing the topographic details of the Project, a time schedule for mining operations, a description of proposed use or potential uses after reclamation, a description of reclamation, and an assessment of the effect of implementation of the plan. Additionally, Reclamation Plan 2006 -01 complies with the standards set forth in SMARA § 2773 because the Reclamation Plan was drafted and tailored specifically to the Alberhill Southwest Shale Mine property. 3. The Reclamation Plan complies with applicable requirements of State regulations (14 C.C.R. § §3500 -3505, and §§ 3700 - 3713). Reclamation Plan No. 2008 -01 was reviewed pursuant to the State Mining and Geology Board reclamation regulations. Title 14 of the California Code of Regulations, Section 3502 identifies six elements which shall be discussed in a Reclamation Plan. Those six elements include: the environmental setting of the site, the public health and safety, the designed steepness and proposed treatment of mined lands' final slopes, areas mined to produce additional material for backfilling and grading, disposition of old equipment, and temporary stream or watershed diversion. Reclamation Plan No. 2008 -01 extensively discusses each of these elements. The Reclamation Plan is designed to minimize impacts to the surrounding community and environment. The Reclamation Plan satisfies all of the provisions of the City's Surface Mining and Reclamation Chapter (Lake Elsinore Municipal Code Chapter 14.04), which is the City's implementation of SMARA. 4. The Reclamation Plan and potential use of reclaimed land pursuant to the plan are consistent with the Chapter 14.04 and the City's General Plan all other applicable provisions of the Lake Elsinore Municipal Code. According to the Lake Elsinore General Plan Land Use Element, the City is experiencing significant growth opportunities in terms of new development and redevelopment. A majority of the City's acreage is under construction, approved for construction, or is planned for development. The Land Use Element encourages future urbanization while preserving the environmental characteristics which contribute to a quality of life that attracts residents to the community. Approval of Reclamation Plan 2008 -01 assists the City's development goals and intent of the Land Use Element by encouraging the extractive industry and enabling production of necessary raw materials to sustain future development within the City and surrounding areas. The Reclamation Plan is also consistent with the terms of the Open Space Element of the General Plan. The primary focus of the Open Space Element is to encourage PC October 18, 2011 Item No. 2 Page 14 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 4 OF 6 conservation, protection and proper management of natural resources within the City. The purpose of the Reclamation Plan is to reclaim, rehabilitate, and revegetate areas that have been disturbed by mining activities. Finally, the Project has been reviewed pursuant to the Lake Elsinore Municipal Code Chapter 14.04 and is consistent with the standards set forth therein. 5. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. Pursuant to the CEQA and the CEQA Guidelines, Mitigated Negative Declaration No. 2008 -08 and the corresponding Mitigation Monitoring and Reporting Program were prepared for the Project. Implementation of the mitigation contained in those documents will reduce any potentially significant environmental effects of the Project to a statistical level of insignificance. 6. The land and /or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off -site development will compensate for related disturbance to resource values. The Project lies within the Alberhill Ranch Specific Plan and is subject to the zoning requirements set forth therein. The grading plan and anticipated schedule of revegetation set forth in the Reclamation Plan are consistent with the underlying zoning designations and encourage maximum use of the property. Any disturbance to the land or other natural resources caused by mining activities will be rehabilitated pursuant to the terms of the Reclamation Plan. The City Engineering Division has conditioned the Project to maintain finished slopes of 2H:1 V, which is consistent with engineering industry standards. Such slopes can safely abut commercial uses and are less likely to fail when compared to steeper slopes. In addition, the vegetation palette includes native plants which will encourage the establishment and proliferation of other native species. 7. The Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. Reclamation Plan 2008 -01 is designed to comply with the City's Surface Mining and Reclamation policies set forth in the Lake Elsinore Municipal Code Chapter 14.04 and the Alberhill Ranch Specific Plan Amendment No. 3. Reclamation of the mined lands will result in four developable pads along the 1 -15 Freeway extending north PC October 18, 2011 Item No. 2 Page 15 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 5 OF 6 and east, which is commercially zoned under the Alberhill Ranch Specific Plan Amendment No. 3. 8. A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City's position is at a variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. On January 30, 2009, the City of Lake Elsinore Planning Department received comments from the Department of Conservation regarding the Alberhill Southwest Shale Mine Reclamation Plan. Comments identified in that letter have been incorporated into the Final Reclamation Plan and will be forwarded to the Department of Conservation. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18 day of October 2011, by the following vote: Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Warren Morelion Planning Manager PC October 18, 2011 Item No. 2 Page 16 of 30 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 6 OF 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18 day of October 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion Planning Manager PC October 18, 2011 Item No. 2 Page 17 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. PLANNING DIVISION 2. Approval of the Reclamation Plan will lapse and be void unless reclamation activity is initiated within one (1) year after the completion of mining activity as provided in the Reclamation Plan. The Applicant may request from the Planning Commission an extension of time on the Reclamation Plan so long as the request is submitted to the Planning Department at least one (1) month prior to the expiration of the originally approved Reclamation Plan. The Planning Commission shall consider the extension request at a public hearing. No extension of time shall exceed a period of one (1) year. 3. All conditions of approval shall be reproduced in Appendix C of the Reclamation Plan within fifteen (15) days after approval by the Planning Commission. The Applicant shall sign and complete an "Acknowledgement of Conditions" form within 30 days of approval of the Reclamation Plan by the Planning Commission and shall return the executed original to the Planning Division for inclusion in the case records. 4. All site improvements approved with this request shall be constructed as indicated on the approved Reclamation Plan. Revisions to approved plans shall be subject to the review and approval of the Planning Commission except as otherwise noted in these conditions. 5. The proposed project shall comply with the zoning and development standards identified in the Alberhill Ranch Specific Plan and corresponding amendments thereto. 6. Truck Maintenance. All trucks exiting the Alberhill Southwest Shale Mine project site shall be washed and rattled to prevent materials from spilling onto adjacent roads and streets. 7. The Applicant shall submit a temporary wall and fence plan for screening purposes subject to the review and approval of the Community Development Director or Designee. Planning Commission October 18, 2011 Page 1 of 12 PC October 18, 2011 Item No. 2 Page 18 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008-01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE 8. The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operations of the mining project be lodged with the City of Lake Elsinore Code Enforcement Division, which can be reached at (951) 674 -3124. 9. Air and Water Pollution. All operations shall be conducted in compliance with the rules, regulations, and requirements of the South Coast Air Quality Management District and the State Water Quality Control Board. Applicant shall provide to the Community Development Director or Designee a copy of any and all permits secured on behalf of the Applicant from either South Coast Air Quality Management District and /or the State Water Quality Control Board. 10. Noise Suppression. A. All equipment and premises employed in conjunction with any of the uses identified in the Reclamation Plan shall be constructed, operated and maintained in accordance with Lake Elsinore Municipal Code Section 17.78. B. Those standards for noise suppression, set forth in Chapter 17.78 of the LEMC, which apply to construction activities shall apply to activities undertaken pursuant to the Reclamation Plan. C. The project shall not exceed the maximum permissible sound levels by receiving land use set forth in Chapter 17.78 Section .060 of the Lake Elsinore Municipal Code. During those times not restricted in Section 17.78.060 of the Lake Elsinore Municipal Code, the project shall not exceed an exterior noise standard of 60 dB Ldn at the outer project boundary adjacent to residential and other sensitive land uses. D. The Applicant shall submit a "Noise Control Plan" identifying anticipated operating noise levels at the outer project boundaries. The Noise Control Plan shall ensure adequate operating noise control measures through the provision of mufflers and the physical separation of machinery and maintenance areas from adjacent residential uses and other sensitive land uses. The Noise Control Plan shall be subject to the review and approval of the Community Development Director or Designee. 11. Hours of Operation. The Applicant shall limit mining and reclamation operations to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. No mining or reclamation operations shall occur on Legal Holidays. Planning Commission October 18, 2011 Page 2 of 12 PC October 18, 2011 Item No. 2 Page 19 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE 12. Light. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 13. Biology /Habitat A. Nesting Surveys. The Applicant shall conduct pre - grading nesting bird surveys in any areas where earth - moving is to occur within the nesting season (February 1 through August 31), and in areas where there is sufficient habitat to promote nesting. B. Revegetation. The Applicant shall hydro -seed the re- created slopes with a native erosion control seed mix as well as include native trees and shrubs from container plantings. Further, the Applicant shall plant a native wildflower mix on the lower elevations within the pad areas. C. Irrigation. Once hydro- seeding has occurred, the Applicant shall be responsible for supplying sufficient irrigation to adequately germinate and establish the applied seed, particularly during the first winter and spring following planting. The container stock shall be irrigated as long as necessary to establish the root systems in the native soils, possibly as long as one to two years. Areas where inadequate seed establishment has taken place shall be re- sprayed or re- seeded within 30 days of identifying the inadequacy. D. Plant Replacement. The Applicant shall be responsible for replacing any dead or terminally diseased plants until the final success criteria have been met. The replacement plants shall be of the same species, size, and spacing as those plant species being replaced. E. Non - Native Plants. The Applicant shall initially remove all non - native invasive species on the reclamation site. No area shall be allowed to have more than twenty percent (20 %) of the ground cover provided by non - native plants. If inspections reveal that non - native plants are becoming established on the reclamation site, removal shall immediately be initiated. F. Contractor Education. Prior to commencement of grading activities, the Superintendent shall be familiar with the Reclamation Plan, Mitigation Monitoring and Reporting Plan, and the Conditions of approval and shall ensure that all Planning Commission October 18, 2011 Page 3 of 12 PC October 18, 2011 Item No. 2 Page 20 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE contractors are in compliance with the requirements of those documents at all times. G. Access Control. The Applicant shall delineate the service access routes to keep the contractors within these routes as well as prevent them from entering sensitive or recently reclaimed areas. H. Water Quality. No debris, soil, silt, sand, rubbish, cement or concrete or washings thereof, oil or petroleum products or washings thereof, shall be allowed to enter into or be placed in a manner where it may be washed via rainfall or run- off into local creeks. Further, the Applicant shall comply with the requirements of NPDES by implementing a SWPPP that incorporates BMPs and a Spill Prevention, Control and Counter - measure Plan (SPCC) throughout the operation of all reclamation activities. I. Clean Up. All clean -up operations shall be conducted within one year of the termination of mining. Scrap material, refuse, unwanted equipment, and surplus materials shall be removed and disposed of at an appropriate landfill site. J. Mining. The Applicant shall comply with the provisions of Lake Elsinore Municipal Code Section 14.04 with regard to inspection of the surface mining operation. 14. The Applicant shall comply with all mitigation and recommendations identified in the Mitigation Monitoring Program which accompany Mitigated Negative Declaration No. 2008 -08. ENGINEERING DIVISION 15. The Applicant shall provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the operation and pre- operation site conditions. 16. The slope on the north and east sides of the project shall be improved with long -term erosion control planting. 17. Sight distance for ingress /egress at all driveways shall meet CalTrans standard for site distance. 18. Parking shall not be allowed on Public Roads or Lake Street. Planning Commission October 18, 2011 Page 4 of 12 PC October 18, 2011 Item No. 2 Page 21 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE 19. Provide for on -site loading and unloading of inventory. 20. Public Works requirements identified in the approved Reclamation Plan shall be complied with as a condition of the Reclamation Plan. 21. All temporary access private roadway improvements shall be installed prior to the export of on -site material. 22. The Applicant shall pay any required plan review and site inspection fees. 23. Applicant shall acquire off -site easements as needed. 24. Prior to the export of on -site material, the Applicant shall install a city standard public street light —at the project entrance subject to the review and approval of the City Engineer. 25. Prior to the export of on -site material, the Applicant shall submit a traffic control plan showing all traffic control systems for the project to be approved by the City Engineer or his /her Designee. All traffic control systems shall be installed prior to export of onsite material. 26. Approval of the Reclamation Plan shall constitute conceptual grading plan approval. 27. All soils, geology and seismic reports are contained in the Reclamation Plan and shall be reviewed and approved by the City Engineering Division prior to the export of on -site material. 28. Slopes of Excavations. No production from an open pit quarry shall be permitted which creates a post mining slope steeper than two foot (2') horizontal to one foot (1') vertical, unless otherwise approved by the City Engineer. Provided, however, that a steeper slope may be permitted during mining operations where soil content or material is such that a vertical -cut excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial Relations of the State of California and such opinion shall be memorialized in writing and submitted to the City for approval by the City Engineer. 29. All grading for reclamation purposes shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer for stability and proper erosion control prior to the export of on -site material. All manufactured slopes greater than 30 feet in height shall comply with City Standards Planning Commission October 18, 2011 Page 5 of 12 PC October 18, 2011 Item No. 2 Page 22 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008-01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE requiring a six foot (6') bench for every 30 vertical feet of slope. Said slopes shall be re- landscaped in accordance with the Reclamation Plan Habitat Mitigation and Monitoring Plan. 30. Prior to the export of on -site material, the Applicant shall provide the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, Applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 31. Individual lot drainage shall be conveyed to a detention /treatment facility as depicted in the Reclamation Plan. 32. All natural drainage traversing the site shall be conveyed through the site, or shall be collected, conveyed and released consistent with historic flows and patterns as described in the approved Reclamation Plan. 33. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.64 regarding flood hazard regulations. 34. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.68 regarding flood plain management. 35. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Applicant shall mitigate any flooding and /or erosion caused by reclamation of the site and diversion of drainage consistent with standards established by the Riverside County Flood Control District. 36. Private storm drain inlet facilities shall be appropriately marked to prevent illegal dumping in the drain system consistent with the standards established by the Santa Ana Regional Water Quality Control Board. 37. Historic flow patterns & rates shall be preserved. 10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be installed. 38. In the event historic storm flows are exceeded or reduced, the Applicant shall submit a drainage acceptance letter from adjacent downstream property owner(s) for out - letting Planning Commission October 18, 2011 Page 6 of 12 PC October 18, 2011 Item No. 2 Page 23 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008-08 FOR ALBERHILL SOUTHWEST SHALE MINE the proposed storm water run -off on private property prior to discharge of storm water run -off. 39. Applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. The operator shall prevent trackout onto public highways. If trackout occurs, the operator shall take preventative and remedial measures immediately. 40. The Applicant shall comply with State Law and provide a SWPPP for construction and post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a Storm Water Pollution Prevention Plan ( SWPPP) a monitoring program and reporting plan for the surface mine site. 41. Education guidelines and BMP's shall be provided to employees of the operation in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on best construction and operation practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 42. Applicant shall construct the storm water detention facility per the Reclamation Plan and utilize BMP's that will reduce storm water erosion the temporary Reclamation Plan areas. 43. At the time the county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 44. All on -site Roads and Driveways. BMPS, established by the South Coast Air Quality Management District, shall be implemented and all roads and driveways shall be kept wet while being used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust. 45. Access Roads. All private access roads leading off any paved public street onto the Alberhill Southwest Shale Mine project site shall be paved to a minimum width of twenty four feet (24') with asphaltic concrete or an equivalent material approved by the City Engineer or Designee, with approved structural section design for not less than the first one hundred feet (100') of said access road. Planning Commission October 18, 2011 Page 7 of 12 PC October 18, 2011 Item No. 2 Page 24 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008-08 FOR ALBERHILL SOUTHWEST SHALE MINE 46. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). A special limited use easement must be recorded to limit the slope, type of landscaping and wall placement to preserve adequate site distance. 47. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 48. Existing access easements over property must be addressed to the satisfaction of the affected owners prior to export of on -site material. 49. In accordance with the City's Franchise Agreement for waste disposal and recycling, the Applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 50. All applicable fees for inspection with respect to the mining operation shall be paid directly to the City of Lake Elsinore. Copies of these documents shall be provided to the Engineering Division for the City of Lake Elsinore to be kept in the project files. 51. Safety Berm. A four (4) foot, minimum vertical height, safety berm, shall be installed at the top of all cut/fill slopes at least three (3) feet in width. 52. Benches & Slopes A. During the Reclamation operation, benches and slopes shall be installed according to the approved Reclamation Plan. B. Working slopes below benches shall not be steeper than 1 H:1V. Finished slopes shall not exceed 2H:1V, unless otherwise approved by the City Engineer. 53. Signage A. Signs shall be installed at the top of all manufactured slopes (cut or fill), at intervals not greater than 100 linear feet. B. Each sign shall read "DANGER" "OPEN PIT MINE" "STEEP SLOPE ". Signs shall be at least 18" X 18" square with contrasting background to lettering. (i.e.: white background and black lettering). Planning Commission October 18, 2011 Page 8 of 12 PC October 18, 2011 Item No. 2 Page 25 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008-01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE C. Perimeter signs around the approved Reclamation Plan or Surface Mine boundaries shall be installed with contrasting lettering /background warning of "DANGER" "KEEP OUT' and "MINERAL RESOURCE ZONE" or "SURFACE MINING OPERATION'. 54. Trash & Debris Removal. The parcel(s) where the mine is located shall be kept free of trash (including old tires) and other debris. There shall be no importing of recyclable materials or construction debris without a specific permit for that activity. 55. Contractor Equipment Storage. All non - mining equipment must be stored in a designated area permitted for "Contractor Storage." A "Contractor Storage" permit must be obtained from the Planning Department prior to storage of any non - mining equipment. 56. Vehicle Storage. There shall be no storage of passenger vehicles, campers, travel trailers or other personal property that is not related directly to the mining of minerals at this site. 57. Temporary /Portable Office. Temporary/portable office trailers are permitted provided they are installed after a building permit is obtained. Other structures for night watchman security must be installed or constructed by building permit. 58. Importing Concrete & AC. There shall be no importing and /or storage of used concrete, asphalt or other inert construction materials for recycling without the specific approval of the Planning Division. 59. Importing /Storing of Vegetation. There shall be no importing and /or storage of any cut vegetation without specific approval of the Planning Division (Environmental). 60. Annual Financial Assurance Review. A. Each year after the 1st year of land disturbed under the Reclamation Plan, the Applicant shall review the financial assurance on file with the City of Lake Elsinore. B. The Applicant shall submit a written report to the Engineering Division indicating any changes to disturbed land or other conditions that could increase or decrease the amount of financial assurance. This report shall also indicate the financial assurance has been reviewed and include a new cost estimate if needed as described below. Planning Commission October 18, 2011 Page 9 of 12 PC October 18, 2011 Item No. 2 Page 26 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE C. After the financial assurance review, if the total dollar amount indicates an increase or decrease of more or less than five (5) percent of the financial assurances on file, the Applicant shall submit a new cost estimate to the Engineering Division taking into consideration all information addressed in the California Resources Code section 2773.1 (a) (3) using the forms provided by the California Department of Conservation's internet web site. D. At least every five (5) years after the initial land is disturbed, the Applicant must submit a new cost estimate taking into consideration all information addressed in the California Resources Code section 2773.1 (a) (3) using the forms provided by the California Department of Conservation's internet web site. 61. Property Line Setbacks. There shall be a graded setback from all property lines of not less than 10 feet from all cut/fill slopes per the approved Reclamation Plan. 62. In all other areas within the boundaries of the Alberhill Southwest Shale Mine, the provisions of Lake Elsinore Grading Ordinance shall be followed unless modified by these conditions. 63. Building /Grading Permits. The provisions of the City of Lake Elsinore Grading Ordinance shall be enforced for all construction within the Alberhill Southwest Shale Mine project site boundaries unless specifically regulated by another approved condition of the Reclamation Plan. 64. Annual Report Information. The Applicant shall submit to the Engineering Division with the annual report the following information: A. Indicate mine proximity to the permit boundaries by topography; B. Indicate maximum depth of excavated areas; C. Provide quantity in cubic yards and tons of materials mined during the reporting period; D. Certify all excavated areas are within the limits of the vested Surface Mining Permit and RP 112 issued by the County of Riverside, and the Reclamation Plan approved by the City of Lake Elsinore; E. Provide data indicating any reclaimed land during the reporting period; Planning Commission October 18, 2011 Page 10 of 12 PC October 18, 2011 Item No. 2 Page 27 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE F. A certified engineering geologist or geotechnical engineer shall inspect all excavated slopes within the permitted boundaries (active or inactive) for slope stability. The Applicant shall provide to the City Engineer a copy of the inspection report. G. NOTE: At least every three years of operation, the Applicant shall provide to Engineering, aerial topography showing incremental and total changes to excavations. This will include cross - sectional maps showing berms, slope angles and benches of all excavations. 65. Public Improvements that require grading, filling, over excavation and recompaction, and base or paving which requires a grading permit, are subject to the included Engineering Division's conditions of approval. Furthermore, all Reclamation Plan grading shall conform to the approved Reclamation Plan. 66. NPDES /SWPPP. The Applicant shall provide to the Engineering Division evidence of coverage under the general industrial permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. Further the operation shall comply with the general industrial permit and the LEMC. 67. The applicant shall be subject to a minimum of one annual storm water compliance inspection by City staff. 68. Geotechnical /Soils Reports. All grading shall be in conformance with the recommendations of the geotechnical /soils reports as approved by the City Engineer and as integrated into the Reclamation Plan. 69. Max Slope Ratio. Graded slopes shall be limited to 2H:1V unless otherwise approved by the City Engineer. 70. Slope Stability Analysis. A slope stability report shall be submitted in the annual report to the City Engineer. 71. Drainage Design Q100. Any public drainage facilities shall be designed in accordance with Riverside County Flood Control & Water Conservation District's standards, and shall at a minimum, accommodate 100 -year storm flows. Additionally, Engineering Division conditional approval of this application includes an expectation that the Reclamation Plan reviewed and approved complies with any WQMP (Water Quality Planning Commission October 18, 2011 Page 11 of 12 PC October 18, 2011 Item No. 2 Page 28 of 30 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2008-01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -08 FOR ALBERHILL SOUTHWEST SHALE MINE Management Plan) required by the Regional Water Quality Control Board for urban development pollutants. 72. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on portland cement concrete where 0.5% shall be the minimum. 73. Slope Setbacks. All excavated or graded slopes shall have setbacks from buildings and property lines per the standards contained in the Reclamation Plan. 74. Private Roads. Construction of a private road shall conform to the approved Reclamation Plan. 75. Update Financial Assurance. The applicant shall comply with the provisions of the Lake Elsinore Municipal Code Section 14.04.140 regarding Financial assurances. 76. NOTE: At least every three years of operation, the Applicant shall provide the City of Lake Elsinore Engineering Division with aerial topography showing incremental and total changes to excavations. This will include cross - sectional maps showing berms, slope angles and benches of all excavations. Planning Commission October 18, 2011 Page 12 of 12 PC October 18, 2011 Item No. 2 Page 29 of 30 CITY OF ��� LADE �LSIlYOR DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: RECLAMATION PLAN NO. 2008 -01 - 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. 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. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Property Owner's Signature: Print Name: Address: Phone Number: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC October 18, 2011 Item No. 2 Page 30 of 30