HomeMy WebLinkAboutCUP 2014-07 & IND 2014-03 - Staff Report 1-20-15
REPORT TO PLANNING COMMISSION
TO: Honorable Chairman
And Members of the Planning Commission
FROM: Richard J. MacHott, LEED Green Associate
Planning Manager
DATE: January 20, 2015
PROJECT: Conditional Use Permit No. 2014-07 and Industrial Design Review
No. 2014-03 - A request by Nichols Road Partners, LLC for
approval of an asphalt batch plant located within a previously
approved and operable aggregate mining and processing site. The
project will be located within the boundaries of Reclamation Plan
No. 2006-01 and generally located north of Nichols Road and east
of I-15.
APPLICANT/
OWNER:
Eric Werner, Nichols Road Partners, LLC, P.O. Box 77850, Corona,
92877
Recommendation
Staff recommends that the Planning Commission:
1. Adopt Resolution No. 2015 - __; A Resolution of the Planning Commission of the
City of Lake Elsinore, Approving Addendum # 1 to Mitigated Negative Declaration
No. 2006-06 for Conditional Use Permit No. 2014-07 and Recommending to the City
Council of the City of Lake Elsinore Approval of Addendum #1 to Mitigated Negative
Declaration No. 2006-01 for Industrial Design Review No. 2014-03.
2. Adopt Resolution No. 2015 - __; A Resolution of the Planning Commission of the
City of Lake Elsinore, California Adopting Findings that the Project Identified as
Conditional Use Permit No. 2014-07 is Exempt from the Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP) and Recommending to the
City Council of the City of Lake Elsinore Adoption of Findings that the Project
Identified as Industrial Design Review No. 2014-03 is Exempt from the Western
Riverside County Multiple Species Habitat Conservation Plan (MSHCP).
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
Page 2 of 7
3. Adopt Resolution No. 2015 - __; A Resolution of the Planning Commission of the
City of Lake Elsinore, California, Approving Conditional Use Permit No. 2014-07;
based on the Findings, Exhibits, and subject to the proposed Conditions of
Approval.
4. Adopt Resolution No. 2015 - __; A Resolution of the Planning Commission of the
City of Lake Elsinore, California, Recommending to the City Council of the City of
Lake Elsinore Approval of Industrial Design Review No. 2014-03; based on the
Findings, Exhibits, and subject to the proposed Conditions of Approval.
Project Request/Location
The applicant is requesting the review and approval of Conditional Use Permit No. 2014-07
and Industrial Design Review No. 2014-03 for the establishment and operation of an
asphalt batch plant. The proposed asphalt batch plant would augment the previously
approved mining and processing occurring on and adjacent to the project site.
The Project site is located at the northeastern corner of Nichols Road and Interstate 15.
The Project site consists of a 1.76‐acre portion of the existing 211‐acre Nichols Canyon
Mine site (APN No. 389‐200‐035), which is located in the northeastern portion of the City of
Lake Elsinore.
Environmental Setting
EXISTING LAND USE ZONING GENERAL PLAN
Project
Site
Mining and Processing
Site.
Alberhill Ranch
Specific Plan
Alberhill Ranch Specific
Plan/Extractive Overlay
North
Vacant/
Single-Family
Residential Riverside County
Mountainous and Open
Space (Riverside County
General Plan)
South
I-15 Freeway/
Outlet Mall Riverside County
Public Institutional (Riverside
County General Plan)
East
Vacant/
Existing High School Riverside County
Mountainous (Riverside
County General Plan)
West I-15 Freeway
Interstate 15
Freeway Interstate 15 Freeway
Areas immediately surrounding the Project site also are fully disturbed by on‐going mining
operations. To the north of the Nichols Canyon Mine site is open space. To the west is the
I‐15 freeway, beyond which is open space and an existing commercial development. To
the south of the site is open space. To the east is open space, beyond which are
single‐family homes. Temescal Canyon High School is located one-quarter (1/4) mile to the
south/southeast of the Project Site.
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
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Background
On February 24, 2004, the County of Riverside entered into a settlement agreement with
Pacific Clay Products, Inc., Castle and Cooke Lake Elsinore Outlet Centers, Castle and
Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock Alberhill Limited
Partnership specifying that certain properties owned, including the subject property, by the
aforementioned entities as being exempt and excluded from the Western Riverside County
Multi-Species Habitat Conservation Plan (MSHCP) as adopted by the County of Riverside
and the City of Lake Elsinore.
On October 3, 2006, the City of Lake Elsinore’s Planning Commission adopted resolutions
approving Mitigated Negative Declaration No. 2006-06, MSHCP Consistency, and
Reclamation Plan No. 2006-01. The mining use was established shortly thereafter.
On September 18, 2009, Castle and Cooke requested that the City of Lake Elsinore concur
with the exemption and exclusion as specified in the 2004 Settlement agreement. The City
concurred to the exemption and exclusion at that time (Attachment 7).
On December 17, 2014, the City of Lake Elsinore certified that the amended Reclamation
Plan No. 2006-01, which added the asphalt batch plant was in conformance with all
applicable provisions of the Surface Mining and Reclamation Act (Cal. Pub. Res. Code §§
2710 et seq.: “SMARA”) and sent a letter to the Department of Conservation, Office of
Mine Reclamation (Attachment 8).
On January 14, 2015, the Department of Conservation, Office of Mine Reclamation
responded to the City’s December 17, 2014, letter stating that they had no comment on the
proposed addition of the asphalt batch plant and the revisions to the Reclamation Plan
(Attachment 9).
Project Description
The proposed project consists of the installation of an asphalt batch plant. The asphalt
batch will operate within a 1.76 acre area within the 211 acre approved mining and
processing site. The asphalt batch plant would combine aggregate materials already
produced on the Nichols Canyon Mine site with asphalt cement to produce asphalt
concrete, a common paving material.
The asphalt batch plant would consist of a drum‐mix configuration, which is rated at
approximately 400‐500 tons per hour of production. The asphalt plant would consist of
aggregate blending hoppers, aggregate dryer, screen, mixing drum, storage silos, and an
above-ground 18,500 gallon LNG tank. As part of the production of asphalt materials
on‐site, various sizes of crushed rock would be stockpiled for use in the asphalt plant within
the 1.76‐acre portion of the Nichols Canyon Mine site. Front end loaders are used to load
aggregate into the blending hoppers, which empty onto a conveyor belt that conveys the
material to the screening and drying/mixing operation. Once the materials have been dried
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
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in the mixer, liquid asphalt would be added to the aggregate mix to produce asphalt
concrete. The asphalt concrete is then conveyed into storage silos, where the material is
stored until it is loaded into customer trucks. The loaded trucks would then use the existing
scale facilities, tire wash, and exit onto Nichols Road.
The Applicant estimates the asphalt batch plant would produce up to approximately
330,000 tons per year of asphalt material, based on a conservative estimate assuming 50
truckloads per day with 22 working days per month. It should be noted that the 330,000
tons of material would be a subset of the mine’s total permitted annual tonnage of 4.0
million tons per year, which would not be increased by the Project. Additionally, because
approximately 95% of the asphalt material is composed of aggregate materials, there
would be a corresponding reduction in truck trips associated with hauling of aggregate
material from the site. Per Reclamation Plan No. 2006‐1, the site is allowed to generate up
to 400 truck trips per day. Transport of asphalt materials from the site would not result in an
increase in truck trips coming to or leaving from the site, as asphalt truck trips would
comprise part of the total 400 truck trips per day, as required by conditions of approval
imposed on the Project. Thus, there would not be any increase in daily traffic as compared
to the existing conditions at the Nichols Canyon Mine.
Hours of operation for the asphalt batch plant would be the same as the currently permitted
aggregate mining and processing, which are from 7:00 am to 12:00 am Monday through
Friday, and 7:00 am through 7:00 pm on Saturday. However, as part of the Project, truck
trips to/from the site would be allowed to access the site also between the hours of 12:00
am and 7:00 am. During the expanded hours of truck deliveries, up to 17 trucks per hour
would visit the Project site. The site is currently fenced with controlled access for security
purposes.
The applicant has also proposed the construction of three berms to provide a visual buffer
(Attachment 10, Photo simulations). The berms are located along the westerly and
southerly property lines of the subject site. The third berm is located further south on a
contiguous property owned by the applicant. The proposed berms range in height from
16’0” to 32’-0”. As designed, the proposed berms would provide adequate screening of the
existing mining and processing site and the proposed asphalt batch plant, thereby
minimizing the potential visual impacts.
Analysis
General Plan Consistency
The subject site has a General Plan land use designation of Specific Plan and is located in
the Alberhill Planning District. The subject site also has an extraction overlay designation.
The primary goal of the Alberhill District is to support and maintain a healthy transition from
extractive/mining activities to a network of residential communities with a balanced mix of
residential, commercial, light industrial, business professional, and institutional/public uses
that provide a sense of place and high quality of life. This goal is implemented by Policy
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
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AH1.1 which states “Continue to encourage proper reclamation and enhancement of areas
impacted by extractive/mining activities for the public’s health, safety and welfare”.
Furthermore, the extractive overlay establishes the “…continued operations of extractive
uses, such as aggregates, coal, clay mining, and certain ancillary uses.” Ninety-five percent
(95%) of material used at the proposed asphalt batch plant will be aggregate material that
comes from the existing mining activities thereby maintaining the viability of mining site.
Upon the completion of the mining activities the site will transition to other uses as
identified in Reclamation Plan No. 2006-01. Because the proposed asphalt plant will allow
for the continued mining operation through the completion of mining activity onsite, the
proposed project is found to be consistent with the General Plan.
Municipal Code/Specific Plan Consistency
The subject site is zoned Specific Plan and is located in the Alberhill Specific Plan. The
subject site is located in the Open Space district of the Alberhill Specific Plan. The uses
identified as permitted in the Open Space district are limited to nature preservation study
areas, utilities, vista points, wildlife preserves, and other uses deemed appropriate by the
City’s Community Development Director, or designee. Due to the subject site being
included in the extractive overlay in the City’s General Plan, which specifically addresses
continued mining operations and the site being continually operated as a surface mine
under Reclamation Plan No. 2006-01, the Community Development Director made the
determination that the continued mining operation was a permitted use. Furthermore, the
proposed addition of the Asphalt Batch Plant was determined to be an appropriate
conditional use, as it is predominately an accessory use to the preexisting mining
operation. The review and approval of a Conditional Use Permit was determined to be
necessary as it would provide an adequate review process to ensure the use is established
and operated in a manner that was consistent with the existing mining operation and did
not substantially increase the use’s intensity. The proposed asphalt batch has been
reviewed with respect to the specific development standards of the Alberhill Ranch Specific
Plan and has been found to meet all the applicable standards.
As part of the preparation of the addendum to Mitigated Negative Declaration No. 2006-01,
the applicant prepared a noise impact analysis consistent with the procedures set forth in
Chapter 17.176 Noise Control. This Analysis demonstrated that the proposed Asphalt
Batch Plant would not exceed the limitations established in Chapter 17.176 Noise Control
and identified no mitigation measures that needed to be included in the Conditions of
Approval.
While the subject site is not located within the M-3 Mineral Resources and Related
Manufacturing District, staff performed a brief analysis of the proposed use with respect to
the development standards, to provide an appropriate standard to assess the proposed
use. Based upon this analysis, staff found that the proposed use was consistent with all
development standards of the M-3 District, including building heights, setbacks, compliance
with the requirements of the South Coast Air Quality Management District and the State
Water Quality Control Board, use of berms as screening mechanisms to reduce the visual
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
Page 6 of 7
impacts, compliance with the permitting requirements of SMARA, and the use of Best
Management Practices, as identified in Reclamation Plan No. 2006-01, to reduce dust on
and offsite.
Based upon the determination made by the Community Development Director regarding
the appropriateness of the use, the noise impacts not exceeding Chapter 17.176 Noise
Control, and the consistency with the development standards addressed in M-3 Mineral
Resources and Related Manufacturing District, Staff finds that the use as proposed and
conditioned as consistent with the General Plan, Municipal Code, and Alberhill Specific
Plan.
Conditional Use Permit/Industrial Design Review Findings
The proposed project has been reviewed for specific conformance with the consistency
findings for both the Conditional Use Permit and Industrial Design Review. As previously
stated the proposed project has been found to be consistent with the General Plan and
Municipal Code. The proposed use is located within a 211-acre existing mining and
reclamation site. The subject site is of adequate size and shape to accommodate the
proposed use and all of the corollary development standards as stipulated in the Municipal
Code and the Alberhill Specific Plan. Due to the asphalt batch plant using material that is
produced onsite and then shipped offsite, no additional vehicle trips are proposed to be
generated. The proposed use of berms will mitigate the potential and existing visual
impacts of the mining and reclamation operations and the asphalt batch plant. The
proposed noise and odors that are generated from the asphalt batch plant have been
analyzed and have been found to not adversely impact adjacent land uses, nor exceed the
thresholds as identified in the Municipal Code. Overall, the proposed project meets the
necessary findings of approval.
Summary
As proposed and conditioned the addition of the asphalt batch plant has been found
consistent with the General Plan, Municipal Code, and the necessary findings for approval.
The Design Review Committee that includes staff from Planning, Building and Safety, Fire
and Engineering have reviewed the requested Conditional Use Permit and Design Review
applications, recommended applicable conditions of approval, and support the application.
Environmental Determination
As part of the approval of Reclamation Plan No. 2006-01, an Initial Study was prepared
that identified impacts that were significant, unless mitigated. Based upon the initial study,
Mitigated Negative Declaration No. 2006-06 was prepared in conformance with the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”)
and the State Implementation Guidelines for CEQA (14 California Code of Regulations
Sections 15000, et seq.: “CEQA Guidelines”) and applicable requirements of the City of
Lake Elsinore, to disclose potential environmental impacts and to propose mitigation for
Conditional Use Permit No. 2014-07 and Industrial Design Review No. 2014-03
January 20, 2015
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those impacts. The Planning Commission approved the Mitigated Negative Declaration at
its October 3, 2006, regular meeting.
In order to review any potential impacts of the proposed asphalt batch plant, an addendum
to Mitigated Negative Declaration No. 2006-06 was prepared. The addendum did not find
any new significant impacts associated with the proposed asphalt batch plant. The
addendum did recommend three Conditions of Approval to minimize the existing and
potential impacts of the onsite activities. The recommended Conditions of Approval have
been included in the Conditions of Approval to be approved by the Planning Commission.
The Project Site is exempt from the provisions of the Western Riverside County Multiple
Species Habitat Conservation Plan pursuant to the terms of a settlement agreement
between Castle & Cooke and the County of Riverside.
PREPARED BY: Justin Kirk
Senior Planner
REVIEWED/ Richard J. MacHott, LEED Green Associate
APPROVED BY: Planning Manager
Attachments
1. Vicinity Map
2. Aerial Map
3. Planning Commission Resolutions
4. Conditions of Approval
5. Addendum # 1 to Mitigated Negative Declaration 2006-06
6. Site Plan
7. September 18, 2009, Letter from Castle and Cooke
8. December 17, 2014, Letter to Department of Conservation, Office of Mine
Reclamation
9. January 14, 2015, Department of Conservation, Office of Mine Reclamation
response letter
10. Photo Simulations