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HomeMy WebLinkAboutItem No. 1bPage 1 of 5 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 18, 2011 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Morsch led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Bra( Director Seumalo, City Attorney Specialist Herrington. Public Works Coury, Office Brian Dahl addresse e Pnning Comrrj�sioners regarding conversations he had with PIap6�pg Mana r oretUO�ano his concerns about the General Plan as it relate, leme Cation of zoning on his property located at 17037 Lakeshore Drive. ning Nkanager Morelion, City Attorney Leibold, and the Cornmisslon addresse .,his quefions and concerns regarding his property. Chairpeie Jordan ask what the schedule is for the adoption of the General Plan la Man ag Morelion stated that they are hoping that it will be completed by the end othe year. Mr. Dahl asked to be contacted once they have an answer i CONSENT CALENDAR ITEM(S) 1. Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • September 20, 2011 • October 4, 2011 PC November 15, 2011 Item No. 1 b Page 1 of 5 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 2 of 5 Motion by Commissioner Morsch, seconded by Vice Chairperson O'Neal, to approve the Planning Commission Minutes of September 20, 2011, and October 4, 2011; Motion passed by 4 -0 vote. PUBLIC HEARING ITEMS) 1. Reclamation Plan No. 2008 -01 — Reclamation Plan for an 85.76 acre mining (Alberhill Southwest Shale Mine), generally located along the east side of the 1 -15 Freeway between Nichols Road and Lake Street. Reclamation will include but is not limited to restoration and re- vegetation of any disturbed land associated with the project sit & Recommendation: It is recommended that the Planning Co msion 6 Resolution No. 2011 - approving Mitigated Negatyebeclaration No :: 08; adopt Resolution No. 2011 - approving MSHCP Consistency, and adopt Resolution No. 2011 - conitrrni ng„ the guested mining right and approving Reclamation Plan No. 2008 -01 Planning Consultant Coury pres the staff report and distributed to the Planning Commissioners a signed`" I ,powledgment;��aft Conditions" form. He noted that changes were matte„ to Coitdltion No�1"1 regarding hours of operation, and also changes to Condition No 30 regarding haul route. Planning Consultant Coury alsa/ jxnbuted to the Comrrilssion a mitigation measures „ document. ,G %, The applicant, Yoshi Suzuki', f Maruhacferamics of American (MCA), Inc. addressed the Commission � O / Jim Good, Attorney for MCA (`dressed the Commission regarding vested rights and the Reclamation Flan. Heakted that the project is well conditioned and well mitigated ",',,;He requestpproyal of the project. Sharon Galr , residen , /yof Alberhill Ranch, asked about vesting rights and inquired who wil rgating the environmental impact. City Attorney Leibold explained vesting "fi and the environmental impact. Paulie Tehrani, resident of Alberhill Ranch, stated that the project has been brought to the State's attention and indicated that they are looking into it. Ms. Tehrani discussed a number of environmental issues relating to the vesting rights and requested that these issues be addressed. City Attorney Leibold stated that the Department of Mining and Reclamation have reviewed the reclamation plan twice and their comments have been incorporated; she further asked that City staff and the mining operator are working closely with the State, and Office of Mine Reclamation has reviewed the plan and has no problems at this point. She also stated that the vesting mining right runs with the land, not with the PC November 15, 2011 Item No. 1 b Page 2 of 5 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 3 of 5 reclamation plan so there has been no interruption with the vesting rights. Mr. Good stated that the reclamation plan doesn't technically have anything to do with the actual state of vesting of the mine. Vice Chairperson O'Neal stated that he is not in favor of the project because it is not properly mitigated. He stated that the biology report was done in 2007, and a more recent report needs to be done. In addition stated that he had a letter from Dr. Jack Turner who did the biology report which indicated that biological surveys are generally given a one year shelf life. He also stated that MCA surveys are four or more years out of date and cannot represent the current biological site conditions. Additionally, Vice Chairperson O'Neal statighat no geological reports were included with staffs presentation, and nffo,mation has been received by the Army Corp of Engineers. Chairperson Jordan asked if there are any r� ui ments updating biology reports. She noted that four years %060 seem outdated. City Attorney Leibold stated that CEQA doesn't establish,a hard fast ru1.& r the life of a biological study, it depends on the c rcumsta s. She in med the Commission that it is a determination they have to � AM&N Martin Derus, Lilburn Corporation" „(Environmental q sultant for MCA) stated that he prepared the Mine Reclama#op Plan and asst d.with preparation of the Mitigated Negative Declaration. He state that the conditions of approval address the issues that Vice Chairperson �� �� Crl ntloned and he discussed those conditions. He explained that the turning op ,ta ion is a clay operation and explained the process'of the,operation Chairperson Jordan asked about on site dt=ddrnage. Mr. Derus stated that there are four on -site drainacies �" Commissioner Mar ch ,asked the clay would be excavated and exported. Mr De1rds explained the „process:�`'Commissioner Morsch stated that the Biology Report a id Traffic Study; are outdated and need to be updated and noted the 2006 fires "'affected the vegetation in the area. Commissioner Morsch asked Director of Public Works` Seumalo to check into the haul route as stated in Condition No. 3r2, Director Seumalo stated that he would review the Ordinance and follow up with Commissioner Morsch. Commissioner Morsch stated that Condition No. 64G and 76 have the same verbiage and requested that those Conditions be revised. He also noted that there is a conflict between the verbiage on page 7 of the Mitigated Negative Declaration and Condition No. 61. Director Seumalo stated that he would amend the conditions. Commissioner Morsch asked Director Seumalo to explain how the numbers were derived on the Financial Assurance. Director Seumalo stated the cost estimate is based on the proposed use for mining to the proposed reclamation final elevation conditions of today's prices. Vice Chairperson O'Neal stated that this cost seemed low. Commissioner Morsch suggested a PC November 15, 2011 Item No. 1b Page 3 of 5 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 4 of 5 continuance until the applicant can provide updated environmental information to the Commission. Mr. Good explained the cash bond under SMARA. Commissioner Gonzales also suggested a continuance for the applicant to provide an updated traffic study and other updated environmental information. Chairperson Jordan asked if the broadcast seeding will be hand thrown or done by a machine, and if it is by a machine, is it included in the financial analysis. Director Seumalo stated that hydro seed will be used and is included in the financial analysis. Chairperson Jordan stated that APN numbers 014 and 019 were included in the Resolution and do not belong on that particular Resolution. Planning Consultant Coury stated that the Resolution ,would be revised to exclude those APNs. Chairperson Jordan stated that the Biology Report and the Traffic Report need to be revised to reflect today's co,poltlQras. Mr. Good stated that the report is old because go to the Planning Commission. long tifne,for the project to Vice Chairman O'Neal stated that the `Re Declaration are dated 2010 and asked if the i 2007. Planning Consultant Coury stated tl document which includes the revi &and com I and tie' ' Negative ire submitted\to the City in 2010 represents the final Commissioner Mendoza stated that`'If the report is goho�to be amended by the applicant, there should be a clear dlst "I t nctlo i b iwe Vb percentage of machine shakers for the actual,m -iging operafion��a� the regf ation emissions. He also stated that the reclarnafion;; =plan should b� rewewed with the Climate Action Plan and General Plap "' Mr. Good stated that thrs Is no' % �tlo fmining n or a mpermit and legally, �� � 9 p the mining Is,.� ot��te�tf cally'�t' for r rew. ev: Commissioner Morsch is requesting �a� q g clanficafion of the rClamaf process, emissions, traffic impact, and the finara a assurance rdf g to tide reclamation plan. Motion wa Ipade by Y7Re Chairperson O'Neal, seconded by Commissioner Morsch, to co'ri[nue Reopmation Plan No. 2008 -01, until such time the applicant 1) updates th eport, traffic study, and provides a geotechnical report; 2) clarifies within report specific issues that deal with the reclamation plan; and, 3) provides a description of the mining operations; Motion passed 4 -0. City Attorney Leibold stated that staff will re- notice a new hearing at such time as the updated environmental work is complete. BUSINESS ITEMS None. PC November 15, 2011 Item No. 1b Page 4 of 5 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 18, 2011 Page 5 of 5 STAFF COMMENTS Planning Manager Morelion stated that staff looked into the "What -Ah- Deli" signage per Vice Chairperson O'Neal's request and staff is working with the property owner to remove the temporary signs and post permanent signs. PLANNING COMMISSIONER'S COMMENTS Commissioner Gonzales asked about non - permitted signs that are nailed to trees on Main Street. Planning Manager Morelion stated that staff will look into this and will follow up with him. Commissioner Morsch stated that he is a m attended the Shakeout Expo for Disaster Pr Park and said it was very informative and there Citizen's Corp and cated at Lakepoint Vice Chairperson O'Neal stated that hey Planning Manager Morelion about the Rld and having paperless agendas and apprecl that if funding is a problem, he offered to pay CITY ATTORNEY'S COMMENTS None. None. City Manager ,Brady and rlissioners going "'to I Pads consideration. He noted Thefe being no further; "to come before the Planning Commission, Chairperson Jordan a purned `the meeting at 7:32 p.m. The next regular Planning C _h1rnlssion meeting of Tuesday, November 2, 2011, will be cancelled, due to the Iacl��of Publlc = „earing items. Shelly Jordan Chairperson Attest: Warren Morelion Planning Manager PC November 15, 2011 Item No. 1b Page 5 of 5