HomeMy WebLinkAboutCUP 2014-07 & IND 2014-03 - Attachment 3RESOLUTION 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.
WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review
and approval of Conditional Use Permit 2014-07 and Industrial Design Review 2014-03
(“Project”) for the establishment and operation of an asphalt batch plant 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;
and,
WHEREAS, the Project is subject to the provisions of 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”) because the Project involves an activity which may
cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and involves the issuance of a lease,
permit license, certificate, or other entitlement for use by one or more public agencies
(Public Resources Code Section 21065); and
WHEREAS, as part of the approval of Reclamation Plan No. 2006-01 for the
Nichols Canyon mine, Mitigated Negative Declaration No. 2006-06 was prepared in
conformance with the CEQA, the CEQA Guidelines and applicable requirements of the
City of Lake Elsinore and the Planning Commission approved the Mitigated Negative
Declaration at its October 3, 2006, regular meeting; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an addendum to
Mitigated Negative Declaration No. 2006-06 was prepared to determine if the Project
would have any new significant impacts on the environment. The addendum found no
new impacts that exceeded the previously identified impacts that could not be mitigated
through the existing mitigation measures contained in Mitigated Negative Declaration
(MND) No. 2006-06; and
WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing and approving, conditionally approving, or denying
conditional use permits and variances; and
Attachment 3
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 2 OF 4
WHEREAS, pursuant to LEMC Chapter 17.184 (Design Review) the Planning
Commission has been delegated with the responsibility of making recommendations to
the City Council pertaining to the Design Review of commercial projects; and
WHEREAS, on January 20, 2015, at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission, based upon a thorough review of the
proposed First Addendum to MND 2006-06, the CEQA documents, and the evidence
received to date, does determine as follows:
1. That the First Addendum was prepared in compliance with the requirements of
the California Environmental Quality Act and the State CEQA Guidelines.
2. That, based upon the evidence submitted and as demonstrated by the
analysis included in the First Addendum, none of the conditions described in Sections
15162 or 15163 of the State CEQA Guidelines calling for the preparation of a
subsequent or supplemental Initial Study have occurred; specifically:
a. There have not been any substantial changes to Reclamation Plan No. 2006-
06 that require major revisions of the CEQA documents because of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
b. There have not been any substantial changes with respect to the
circumstances under which the Proposed Project is undertaken that require
major revisions of the CEQA documents due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and
c. There is no new information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence at
the time MND 2006-01 was adopted, that shows any of the following: (a) the
project will have one or more significant effects not discussed Mitigated
Negative Declaration No. 2006-06; (b) significant effects previously examined
will be substantially more severe than shown MND 2006-01; (c) mitigation
measures or alternatives which are considerably different from those
analyzed in the MND 2006-06 would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
SECTION 2. The Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed Addendum #1 to Mitigated Negative
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 3 OF 4
Declaration No. 2006-06. The Planning Commission hereby finds and determines that
all public comments have been addressed.
SECTION 3. The Planning Commission hereby finds that Addendum #1 to
Mitigated Negative Declaration No. 2006-06 for the Project is adequate and has been
completed in accordance with CEQA, the State CEQA Guidelines, and the City’s
procedures for implementation of CEQA; and recommends to the City Council that it
make the same finding. The Planning Commission has reviewed and considered the
information contained in the Mitigated Negative Declaration and finds that the Mitigated
Negative Declaration represents the independent judgment of the City.
SECTION 4. Based upon the evidence presented, and the above findings, and
the attached conditions of approval, the Planning Commission hereby adopts
Addendum #1 to Mitigated Negative Declaration No. 2006-06 for Conditional Use Permit
No. 2014-07.
SECTION 5. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby recommends that the
City Council of the City of Lake Elsinore adopt Addendum #1 to Mitigated Negative
Declaration No. 2006-06 for Industrial Design Review No. 2014-03.
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of January 2015, by the
following vote:
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
___________________________________
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-____ as adopted by the Planning Commission
of the City of Lake Elsinore at a regular meeting held on the 20th day of January 2015,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager
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)
WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review
and approval of Conditional Use Permit No. 2014-07 and Industrial Design Review No.
2014-03 (“Project”) for the establishment and continued operation of an asphalt batch
plant 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; and,
WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing and approving, conditionally approving, or denying
conditional use permits; and
WHEREAS, pursuant to LEMC Chapter 17.184 (Design Review) the Planning
Commission has been delegated with the responsibility of making recommendations to
the City Council pertaining to Design Review of commercial projects; and
WHEREAS, Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet
Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock
Alberhill Ranch Limited Partnership, (collectively “Owner”) entered into that certain
settlement agreement and memorandum of understanding (the “Settlement
Agreement”) with the County of Riverside on February 24, 2004, which exempts and
excludes all of the Owner’s properties (including present and future uses and
development of Owner’s properties) from the MSHCP for all purposes; and
WHEREAS, the Project site is owned by Nichols Road Partners, LLC and is
covered by the terms of the Settlement Agreement and is therefore exempt from the
requirements of the MSHCP; and
WHEREAS, on January 20, 2015, at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
PLANNING COMMISSION RESOLUTION NO. 2015-XX
PAGE 2 of 3
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission acknowledges the Settlement
Agreement which exempts and excludes this Project from the requirements of the
MSHCP for all purposes. Because the Project is exempt from the MSCHP, the
Planning Commission takes no further MSHCP action with regard to this Project.
SECTION 2. Based upon the evidence presented and the above findings, the
Planning Commission hereby adopts findings that Conditional Use Permit No. 2014-07
is exempt from MSHCP.
SECTION 3. Based upon the evidence presented and the above findings, the
Planning Commission hereby recommends that the City Council of the City of Lake
Elsinore adopt findings that Industrial Design Review No. 2014-03 is exempt from the
MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of January 2015, by the
following vote:
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
___________________________________
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-XX
PAGE 3 of 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-___ as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 20th day of January 2015, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager
RESOLUTION NO. 2015-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2014-07
WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review
and approval of Conditional Use Permit No. 2014-07 (“Project”) for the establishment
and operation of an asphalt batch plant 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; and,
WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that
certain uses have operational characteristics that, depending on the location and
design of the use, may have the potential to negatively impact adjoining properties,
businesses or residents and therefore are permitted subject to the issuance of a
Conditional Use Permit, which allows the City to comprehensively review and approve
the use; and
WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing and approving, conditionally approving, or denying
conditional use permits and variances; and
WHEREAS, on January 20, 2015 at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Conditional Use Permit
No. 2014-07 for the proposed Asphalt Batch Plant prior to making a decision and has
found it acceptable.
SECTION 2. The Planning Commission has considered Addendum #1 to
Mitigated Negative Declaration No. 2006-06 prepared pursuant to Section 15162 of
the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made and Addendum #1 to Mitigated Negative Declaration No. 2006-06 provides the
necessary environmental clearance for Conditional Use Permit No. 2014-07.
SECTION 3. That in accordance with California Planning and Zoning Law and
the Lake Elsinore Municipal Code Section 17.168.080 Findings, the Planning
Commission makes the following findings regarding Conditional Use Permit No. 2014-
07:
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 2 OF 4
1. That the proposed use, on its own merits and within the context of its
setting, is in accord with the objectives of the General Plan and the purpose
of the planning district in which the site is located..
The asphalt batch plant use is appropriate to the site and surrounding
developments. The project is consistent with goals and policies of the
Alberhill Specific Plan, is a permitted use in the Open Space District of the
Alberhill Specific Plan and the Extractive Overlay as described in the City of
Lake Elsinore General Plan, and complies with all development standards.
In addition, safe and efficient circulation has been achieved onsite.
2. The proposed use will not be detrimental to the general health, safety,
comfort or general welfare of persons residing or working within the
neighborhood of the proposed use or the City, or injurious to property or
improvements in the neighborhood or the City.
All applicable City departments and agencies have been afforded the
opportunity to review the Conditional Use Permit and their comments have
been addressed in the conditions of approval attached to the staff report for
this Project. Conditions have been applied relating to the proposed use, so
as to eliminate any negative impacts to the general health, safety, comfort,
or general welfare of the surrounding commercial development and the City.
3. The Site for the intended use is adequate in size and shape to
accommodate the use, and for all the yards, setbacks, walls or fences,
landscaping, buffers and other features required by this title.
The proposed Conditional Use Permit is for the operation of a new asphalt
batch plant at an existing mining operation. The proposed use has been
analyzed and staff has determined that the proposed use meets all
applicable sections of the Lake Elsinore Municipal Code and will
complement the existing uses, based on the submitted plans and attached
conditions of approval.
4. The Site for the proposed use relates to streets and highways with proper
design both as to width and type of pavement to carry the type and quantity
of traffic generated by the subject use.
The proposed design, development and operation of the asphalt batch plant
has been reviewed in relation to the width and type of pavement needed to
carry the type and quantity of traffic generated. The City has analyzed the
proposed project and determined that the 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.
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 3 OF 4
5. In approving the subject use at the specific location, there will be no adverse
effect on abutting properties or the permitted and normal use thereof.
The Conditional Use Permit has been thoroughly reviewed and conditioned
by all applicable City departments thereby eliminating the potential for any
adverse effects.
6. Adequate conditions and safeguards pursuant to LEMC 17.68.050, including
guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development
of the property in accordance with the objectives of this chapter and the
planning district in which the site is located.
Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the
Project was considered by the Planning Commission at a duly noticed public
hearing on January 20, 2015, appropriate and applicable conditions of
approval have been included to protect the public health, safety and general
welfare, and the project is a permitted use on the subject property in the
Open Space District of the Alberhill Specific Plan and the Extractive Overlay
as described in the City of Lake Elsinore General Plan.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached Conditions of Approval, the Planning Commission hereby approves
Conditional Use Permit No. 2014-07.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of January 15, 2015, by
the following vote:
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
___________________________________
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-___
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-____ as adopted by the Planning Commission
of the City of Lake Elsinore at a regular meeting held on the 20th day of January 2015,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager
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.
WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review
and approval of Industrial Design Review No. 2014-03 (“Project”) for the establishment
and continued operation of an asphalt batch plant 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; and,
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
industrial design review applications within the City of Lake Elsinore; and
WHEREAS, on January 20, 2015 at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
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 prior to
making a decision to recommend that the City Council approve Industrial Design
Review No. 2014-03.
SECTION 2. That in accordance with California Planning and Zoning Law and
the Lake Elsinore Municipal Code Section 17.184.080 Findings, the Planning
Commission makes the following findings regarding Industrial Design Review No. 2014-
03:
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the zoning district in which the project is located.
The asphalt batch plant use is appropriate to the site and surrounding
developments. The project is consistent with goals and policies of the Alberhill
Specific Plan, is a permitted use in the Open Space District of the Alberhill
Specific Plan and the Extractive Overlay as described in the City of Lake Elsinore
General Plan, and complies with all development standards. In addition, safe
and efficient circulation has been achieved onsite.
2. The project complies with the design directives contained in LEMC 17.184.060
and all other applicable provisions of the Municipal Code.
PLANNING COMMISSION RESOLUTION NO. 2014-33
PAGE 2 OF 3
The asphalt batch plant project is consistent with all provisions in LEMC Section
17.184.060 (Scope of design review), and complies with all development
standards set forth in LEMC Chapter 17.112 (Nonresidential Development
Standards).
3. Conditions and safeguards pursuant to LEMC 17.184.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in
accordance with the objectives of this chapter and the planning district in which
the site is located.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project
was considered by the Planning Commission at a duly noticed public hearing on
January 20, 2015, appropriate and applicable conditions of approval have been
included to protect the public health, safety and general welfare, and the project
is a permitted use on the subject property in the Open Space District of the
Alberhill Specific Plan and the Extractive Overlay as described in the City of Lake
Elsinore General Plan.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Project, the Planning Commission hereby
recommends that the City Council approve Industrial Design Review No. 2014-03.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of January 2015, by the
following vote:
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
___________________________________
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2014-33
PAGE 3 OF 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-___ as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 20th day of January 2015, and
that the same was adopted by the following vote:
AYES :
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager