HomeMy WebLinkAboutCUP 2014-07 & IND 2014-03 -Attachment 4CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2014 -07, INDUSTRIAL DESIGN REVIEW 2014 -03,
AND ADDENDUM TO MITIGATED NEGATIVE DECLARATION 2006 -01
GENERAL CONDITIONS
1. The following conditions of approval shall apply to Conditional Use Permit No.
2014 -07 (the "Project ") and Industrial Design Review No. 2014 -03 ( "The Project ")
- A request by Nichols Road Partners, LLC (the "Applicant ") 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 1 -15.
2. Nichols Road Partners, LLC (the "Applicant ") shall defend, indemnify, and hold
harmless the City, its officials, officers, consultants, employees, and /or agents
concerning the project attached hereto. Applicant shall enter into a pre- dispute
indemnity agreement within 30 days after project approval.
3. Approval of Industrial Design Review No. 2014 -03 and Conditional Use Permit No.
2014 -07 shall lapse and become void two years following the date on which the
design review became effective, unless one of the following: (1) prior to the
expiration of two years, the approved activity has been pursued toward completion;
or (2) prior to the expiration of two years, the applicant has applied for and has
been granted an extension of the design review approval. The expiration date of
an approved design review may be extended for no more than two years. The first
extension may be granted for one year subject to the approval of the Community
Development Director after consultation with other City departments if such design
review complies with current laws, standards and policies. The second one -year
extension may be granted by the approving body (i.e., City Council, Planning
Commission) that approved the underlying design review so long as the design
review complies with current laws, standards and policies. Application for
extensions of time shall be filed prior to the expiration of the initial design review
approval and accompanied by a fee in an amount as established by resolution of
the City Council.
4. All conditions of approval shall be reproduced in Appendix C of the Reclamation
Plan with fifteen (15) days after the approval by the Planning Commission.
5. The Applicant shall sign and complete an "Acknowledgement of Conditions" form
within thirty (30) days of approval of Industrial Design Review No. 2014 -03 by the
City Council and shall return the executed original to the Planning Division for
inclusion in the case records.
6. All site improvements, excluding the visual buffer berms, approved with this
request shall be constructed as indicated on the approved plans. The Visual Buffer
Planning Commission Page 1 of 7
January 20, 2015
Attachment 4
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
Berms shall be constructed in the general location and shall be the general size as
depicted on the plans and shall appropriately screen the asphalt batch plant.
Revisions to approved plans shall be subject to the review and approval of the
Planning Commission except as otherwise noted in these conditions.
ENGINEERING DIVISION
GENERAL
7. In accordance with the City's Franchise Agreement for waste disposal & recycling,
the developer 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.
8. Truck trips cannot exceed what has been previously approved for this site.
SMARA
9. Prior to mobilization, the revised Reclamation plan will require review and approval
by the Office of Mine Reclamation.
10. Prior to mobilization, the Financial Assurance Cost Estimate will need to be
updated and approved by the City. Any subsequent change to the Financial
Assurance Mechanism will need to occur within 45 days of the approval date of
the Financial Assurance Cost Estimate.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
11. The project is responsible for complying with the Santa Ana Region NPDES
Permits as warranted based on the nature of development and /or activity. These
Permits include:
• General Permit - Construction
• General Permit — Industrial
• Scrap Metal
• Deminimus Discharges
• MS4
12. All BMPs approved as part of this application shall remain in effect for the duration
of operations of the approved activities. Modifications to any BMPs will require the
approval of the City Engineer, or their designee.
13. The project shall use either volume -based and /or flow -based criteria for sizing
BMPs in accordance with NPDES Permit Provision XII.D.4.
Planning Commission Page 2 of 7
January 20, 2015
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
CONSTRUCTION:
14. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated
as necessary and be available for review upon request.
15. Prior to mobilization, the applicant shall demonstrate that compliance with the
permit has been obtained by providing a copy of the Change of Information (COI)
submitted to the State Water Resources Control Board.
16. Industrial Facilities - For industrial facilities subject to California's General Permit
for Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) Code.
Prior to grading or building permit close -out and /or the issuance of a certificate of
use and occupancy, the applicant shall demonstrate that compliance with the
permit has been obtained by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID) Number or
other proof of filing to the satisfaction of the City Engineer.
GRADING
17. A grading plan signed and stamped by a California Registered Civil Engineer shall
be submitted for City review and approval for all addition and /or movement of soil
(grading) on the site. The plan shall include separate sheets for erosion control,
haul route and traffic control. The grading submittal shall include all supporting
documentation and be prepared using City standard title block, standard drawings
and design manual (available at www.lake- elsinore.org).
18. As -built plans for all approved plan sets shall be submitted for review and approval
by the City
FIRE DIVISION
GENERAL CONDITIONS
Lake Elsinore Fire Protection Planning Office Responsibility- It is the
responsibility of the recipient of these Fire Department conditions to forward
them to all interested parties. The permit number (as it is noted above) is required
on all correspondence. Questions should be directed to the Riverside County
Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main
St., Lake Elsinore, CA 92530. Phone: (951) 671 -3124 Ext. 225. The following fire
department conditions shall be implemented in accordance with the Lake
Elsinore Municipal Code and the adopted codes at the time of project building
Planning Commission Page 3 of 7
January 20, 2015
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
plan submittal, these conditions are in addition to the adopted code
requirements.
2. Blue Dot Reflectors- Blue retro - reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
Prior to installation, placement of markers must be approved by the Riverside
County Fire Dept.
3. Fire Flow- Minimum fire flow and availability shall be calculated in accordance with
the 2013 California Fire Code, NFPA 59A, and approved by the fire code official
and must be available before any combustible material is placed on the job site.
4. Minimum Access Standards- The following access requirements are required to
be implemented to ensure fire department and emergency vehicular access. All
roadways shall conform to the City of Lake Elsinore approved roadway standards
but in no case shall the minimum fire department vehicular access be less the
following provisions:
1. Twenty -four feet (24') clear width. Where parking is to be provided, each
parking side shall be provided with eight (8') additional feet on each side
of the fire department access.
2. Median openings or crossovers between opposing lanes of a divided
highway or street shall be located only at approved intersections at
intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973].
3. The required all weather vehicular access shall be able to support no less
than 70,000 lbs. over 2 axles.
4. Roadway gradient shall not exceed 15% on any access road, driveways,
and perimeter roads.
5. Turning Radius shall be 26' inside and 38' outside for all access roads.
5. Secondary Access- In the interest of Public Safety, this project shall provide an
Alternate or Secondary Access. Said access shall be constructed in accordance
to the City of Lake Elsinore Engineering Department standards to accommodate
full fire response and community evacuation.
6. Operating Permit Required - This project has been review and may require an
operating permit in addition to the construction permit that has been conditioned
for this project in accordance with 105.6 of The California Fire Code.
Planning Commission Page 4 of 7
January 20, 2015
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
PRIOR TO BUILDING PERMIT ISSUANCE
7. Plan Check Fee- Building plan check fees shall be made payable to the "City of
Lake Elsinore ", and shall be submitted to the Fire Department at the time of plan
submittal.
8. Water System Plans- Applicant and /or developer shall submit 2 sets of water
system plans to the Fire Department for review. The plans must be signed by a
registered Civil Engineer and /or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department after review and
approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit.
PRIOR TO BUILDING FINAL INSPECTION
9. Designated Fire Lanes- The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required fire lanes with
appropriate lane painting and/ or signs.
10. Display Boards- Display Boards will be as follows: Each complex shall have an
illuminated diagrammatic representation of the actual layout which shows name of
complex, all streets, building designators, unit members, and fire hydrant locations
within dimension and located next to roadway access.
11. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside
of the building. Key(s) shall have durable and legible tags affixed for identification
of the correlating tenant space. Special forms are available from this office for
ordering the Knox Box. If the building /facility is protected with a fire alarm or burglar
alarm system, it is recommended that the lock box be "tamper" monitoring.
12. Fire Extinguishers — Minimum Install portable fire extinguishers complying with
Section 906 of the 2013 California Fire Code with a minimum rating of 300 pound
wheeled fire extinguisher within a weather protected enclosure within 50 of the
tank. Additionally 2 2 -a, 20 -BC rated extinguishers shall be mounted no closer than
25' and no further than 50' including signage. Contact Fire Dept. for proper
placement of equipment prior to installation.
13. Fire Protection report- A comprehensive fire protection report shall be approved
by a licensed fire protection engineer that incorporates all fire code requirements,
adopted standards, and the latest fire protection engineering standards to provide
a reasonable degree of life safety for this installation. The report shall specifically
address this installation including all aspects of this installation and shall not be
vague. This report shall be reviewed by the fire code official and approved prior to
the installation. Specific detail shall be provided to the exposer extent and
Planning Commission Page 5 of 7
January 20, 2015
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
mitigation to those exposures. Water supply and reliability shall be evaluated for
an extended containment fire. The tank shall be evaluated as to the specific fuel
that will be utilized and the potential of a worst case scenario.
PLANNING DIVISION
GENERAL
1. All conditions of approval and mitigation measures for Reclamation Plan No. 2006-
01 and Mitigated Negative Declaration 2006 -06 shall remain in full effect and shall
be adhered to during the operation of those activities approved by Industrial Design
Review No. 2014 -03 and Conditional Use Permit No. 2014 -07.
2. Hours of operation of the Asphalt Batch Plant, including truck trips, will be from
7:00 am to 12:00 am Monday through Friday and 7:00 am to 7 pm on Saturday.
Truck trips to /from the site are allowed to access the site between the hours of
12:00 am and 7:00 am. During the expanded hours of truck deliveries, up to 17
trucks per hour are permitted.
3. All trucks accessing or exiting the site shall be equipped with mufflers that comply
with the California Vehicle Code. The Applicant shall maintain records of all
vehicles subject to this requirement, which shall be made available for City
inspection upon request.
4. All east -bound loaded truck trips on Nichols Road shall be prohibited, except where
east -bound trips cannot be avoided due to a customer's location or during
emergencies. The Applicant shall erect and maintain a sign at the site's entrance
from Nichols Road noting this prohibition. This condition may be re- evaluated by
the City in the future in the event that Nichols Road is improved as a major east -
west corridor, upon request from the Applicant.
5. Installation /construction of the equipment approved as part of Industrial Design
Review No. 2014 -03 and Conditional Use Permit No. 2014 -07 shall be subject to
the following standards:
a. The installation /construction of the asphalt batch plant shall be limited to the
hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday only and
excluding legal holidays. The City shall monitor the site at its discretion to
ensure compliance.
b. All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers to the satisfaction of the City's Public
Works or Building Inspector. The Applicant shall maintain maintenance
records of all site equipment, which shall be made available for City staff
inspection upon request.
Planning Commission Page 6 of 7
January 20, 2015
Conditions of Approval for
Industrial Design Review No. 2014 -03 and Conditional Use Permit No. 2014 -07
6. The Applicant shall comply with all mitigation and recommendations identified in
both the Mitigation Monitoring Program and the Habitat Mitigation and Monitoring
Program and which accompany Mitigated Negative Declaration No. 2006 -06,
attached for reference.
Planning Commission Page 7 of 7
January 20, 2015
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-015
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
GENERAL CONDITIO
1. Pacific Aggregates, Inc. (the "Applicant ") shall defend, indemnify, and hold
harmless the City, its officials, officers, consultants, employees, andl /or
agents from any claim, action, or proceeding against the City, its officials,
officers, employees, or agents concerning the project attached :hereto.
Applicant shall enter into a pre- dispute indemnity agreement with the City
within 30 days after project approval.
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 (phase 4). The Applicant may request
from the Planning Commission an extension of time on the ReclamationP'_an
t 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: PJan.
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 th Plann.ing
Commission. The Applicant shall sign and complete an "AcknowledgeMnent
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. Structures shall be placed on -site as depicted on the Reclamation Plan Figure
8A. The Community Development Director or Designee may approve minor
modifications to the placement of structures on -site.
Ylanninc C.;onimi,5,5ion Approved
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MI'T'IGATED NEGATIVE DECLARATION NO. 2006 -06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
6. Landscaping. Landscaping shall be undertaken consistent with the
standards set forth in the Reclamation Plan, the Habitat Mitigation and
Monitoring Plan, and the mitigation measures contained in the Mitigated
Negative Declaration.
7. The proposed project shall comply with the zoning and development
standards identified in the Alberhill Ranch Specific Plan and corresponding
amendments thereto.
8. Truck Maintenance. All trucks exiting the Nichols Mine project site shall
be washed and rattled to prevent materials from spilling onto adjacent roads
and streets.
9. 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.
10. 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.
ENVIRONMENTAL PLANNING
11. 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.
12. 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.
Planning C:onunission Approved
10 3'2()ii6
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLAMATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 359- 200 -015, 023 & 024
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 Section 17.78.060 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 riot
exceed an exterior noise standard of 60 dB Ldn at the outer prQJc.,0t
boundary adjacent to residential and other sensitive land uses.
D. The Applicant shall submit a "Noise Control Plan" identify -ing
anticipated operating noise levels at the outer project boundaries. T-lie
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.
13. Hours of Operation. iL- t
NE) mining or 1 �' o �[lie nhnT� -ocn T 1 u l;a
1ZIe ur VrrL egal 14oliday .
a
A. Hours of Operation - Truck Trips. No hauling of aggrega -tc
material from the site to Pacific Clay on Nichols Avenue shall occur
between the hours of lam — 9am and 2:30pm — 5:00pm Monday
through Friday. No truck traffic shall occur on Sundays or legal
holidays.
B. Hours of Operation — Extractive Activities and Processing:
1. Extractive activity between elevation 1650 — 1310 shall
be limited to the hours of lam — 7pm Monday through
Saturday.
2. Processing activity, which includes crushing, conveying,
washing, separating and loading aggregates shall be
limited to the hours of lam — 12am Monday through
Friday. Processing activity, as defined above, shall also
be permitted on Saturdays between the hours of lam —
7pm.
P1a�rnine
Commission Approved
tf: -3 :1/1 06
CONDI'T'IONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
3. No extractive or processing activity shall occur on
Sundays or legal holidays. (Amended by the Planning
Commission at the October 3, 2006 hearing)
14. 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.
15. Biology /Habitat Mitigation and Monitoring Plan
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. Per the revegetation efforts, 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 eriteria
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
Planning (: o ninissj(�n Approvod
10. 3/2 010 6
CONDITIONS OF APPRONIAL FOR RECLAMATION PLAN NQ. 2006-01,
AND MITIGATED NEGATIVE DECLARATION N®. 2006 -06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
plants are becoming established on the reclamation site, removal shall
immediately be initiated.
F. Monitoring and Performance Criteria. The Applicant shall follow
the vegetation monitoring procedures, and achieve the target: functions
and values as described the Habitat Mitigation and Monitoring Plan
(HMMP). Further, the Applicant shall meet the "density performance
criteria" as identified in Table 9 of the HMMP. In five years, should
the vegetation not sufficiently be established to meet the final success
criteria, vegetation monitoring shall be conducted until the success
criteria have been met for a minimum of two years without human
intervention.
G. Final Success Criteria. When the five -year monitoring period is
complete, if all performance standards have been met, the Applicant
shall request written confirmation from the City of Lake Elsinore aad
California Department
verifying final success criteria have been met. For each year in which
the Applicant fails to meet the performance standards, one (1)
additional year of re- vegetation and monitoring shall be required
using the same performance criteria as listed for year five. At the City
of Lake Elsinore's aM Califemia Depaftment of Consei =vafi
nff of Miiie ?? ee amatio -H discretion, if the final success criteria are
not met, the Applicant shall prepare an analysis of the cause(s) of
failure(s) and propose remedial actions for approval. (Amended by the
Planning Commission at the October 3, 2006 hearing)
H. Performance Extension. If substantial .non - compliance with the
performance and /or final success criteria occurs, the Applicant will
consult the City of Lake Elsinore and Calif mi DepaAmen ^�
Consen,atio 3 Office of- in° Reel matio to determine whether
corrective measures and an extension of the five -year monitoring
period will be necessary. (Amended by the Planning Commission at
the October 3, 2006 hearing)
I. Reporting. At the end of each of the five monitoring period growing
seasons, an annual report shall be prepared for submittal to the City of
Lake Elsinore and California
Mine nee amati ^„ by June 1st of each year for the duration of the
Planning Commission Approved
1011`2 006
CONDITIONS OF APPROVAL FOR RA CLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGA'T'IVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
monitoring period. These reports shall assess both attainment of yearly
target criteria and progress toward final success criteria, as well as any
revisions to the approved Reclamation Plan. These reports shall
include the survival of tree and shrub container stock. The number of
species of plants replaced, an overview of the mitigation effort, the
method used to assess these parameters, and photos from designed
photo stations shall also be included. (Amended by the Planning
Commission at the October 3, 2006 hearing)
J. Contractor Education. 1D the eomffieneement of grading any
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Prior to commencement of grading activities, the Superintendent shall
be familiar with the Reclamation Plan, Mitigation Monitoring and
Reporting Plan, Habitat Mitigation and Monitoring Plan, and the
Conditions of approval and shall ensure that all contractors are in
compliance with the requirements of those documents at all times.
(Amended by the Planning Commission at the October 3, 2006
hearing)
K. 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.
L. 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.
Planning Commission Approved
10.3/2066
CONDITIONS OF APPROVAL FOR RE' CLAMATION PLAN NO. 2006 -01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
M. 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.
N. Mining. The Applicant shall comply with the provisions of Lake
Elsinore Municipal Code Section 14.04.200 with regard to inspection
of the surface mining operation. (Amended by the Planning
Commission at the October 3, 2006 hearing)
16. The Applicant shall comply with all mitigation and recommendations
identified in both the Mitigation Monitoring Program and the Habitat
Mitigation and Monitoring Program and which accompany Mitigated
Negative Declaration No. 2006 -06.
ENGINEERING DIVISION
17. The Applicant shall provide detention and desiltation basin sized to detain
the increase in the 100 year storm flow between the developed and
undeveloped site conditions.
18. The slope on the north and east sides of the project shall be improved with
long -term erosion control planting.
19. Sight distance for ingress /egress at all driveways shall meet CalTrans
standard for site distance.
20. Parking shall not be allowed on Nichols Road.
21. Provide for on -site loading and unloading of inventory.
22. Public Works requirements identified in the approved Reclamation Plan
shall be complied with as a condition of the Reclamation Plan.
23. All temporary access private roadway improvements shall be installed prior
to the export of on -site material.
24. The Applicant shall pay any required plan review and site inspection fees.
Planning Commission Approved
I M.12006
CONDITIONS OIL APPROVAL FOR RE, CLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
25. Applicant shall acquire off -site easements as needed.
26. 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.
27. 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.
28. . Approval of the Reclamation Plan shall constitute conceptual grading plan
approval.
29. 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.
30. 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. (Amended by the Planning Commission at
the October 3, 2006 hearing)
31. 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 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.
32. 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
Planning Commission Approved
10; 1/2006
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION N®. 2006 -06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
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.
33, Individual lot drainage shall be conveyed to a detention/treatment facility as
depicted. in the Reclamation Plan.
34. 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.
35. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code
Section 15.64 regarding flood hazard regulations.
36. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code
Section 15.68 regarding flood plain management.
37. 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.
38. 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.
39. 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.
40. 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 the proposed storm water run -off on private property
prior to discharge of storm water run -off.
Planning Commission approved
10/3112006
CONDITIONS OF APPROVAL, FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
41. 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.
42. 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" (NOl), develop and implement a Storm Water Pollution Prevention
Plan ( SWPPP) a monitoring program and reporting plan for the surface mine
site.
43. Education guidelines and BMP's shall be provided to employees of the
development 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.
44. 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.
45. 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.
46. 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.
47. Access Roads. All private access roads leading off any paved public street
onto the Nichols 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, not less than three inches in
thickness with adequate compacted base material for not less than the first
one hundred feet (100') of said access road.
Planning Commission Approved
10 !3 2006
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN! NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 fir. 024
48. 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.
49. Intersecting streets on the inside radius of a curve will only be pefmitted
when adequate sight distance is verified by a registered civil engine.ff.
50. Existing access easements over property must be addressed to the
satisfaction of the affected owners prior to export of on -site material.
51. 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.
52. The City of Lake Elsinore contracts with Riverside County for mining
inspection and compliance. All applicable fees for inspection with respect to
the mining operation shall be paid directly to Riverside County Building and
Safety Mining Division. Copies of these documents shall be provired to the
Engineering Division for the City of Lake Elsinore to be kept in the project
files.
COUNTY OF RIVERSIDE MINING AND RECLAMATION CONDI`T'IONS
53. 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.
54. 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: l V.
Finished slopes shall not exceed 2H:1 V, unless otherwise approved by
Planning Con- imi,;tiion Approved
7 0.3J2006
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NQ. 2006 -01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
the City Engineer. (Amended by the Planning Commission at the
October 3, 2006 hearing)
55. 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).
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 ".
56. Trash & Debris Removal. The parcels) 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.
57. 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.
58. 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.
59. 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.
Planning C'orninitision Approved
1OJ 2006
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006 -01,
AND MITIGATED NEGATIVE DECLAMATION NCB. 2006 --06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
60. 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.
61. Importing /Storing of Vegetation. There shall be no importing and /or
storage of any cut vegetation without specific approval of the Pl; nning
Division (Environmental).
62. 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 fi with
the City of Lake Elsinore.
B. The Applicant shall submit a written report to the Engin- ;ering
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 hay, been
reviewed and include a new cost estimate if needed as described
below.
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 intemet 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.
63. 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.
Plannirng Commission Approved
10:13/2000
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
64. In all other areas within the boundaries of the Nichols Mine, the provisions
of Lake Elsinore Grading Ordinance shall be followed unless modified by
these conditions.
65. Building /Grading Permits. The provisions of the City of Lake Elsinore
Grading Ordinance shall be .enforced for all construction within the Nichols
Mine project site boundaries unless specifically regulated by another
approved condition of the Reclamation Plan,
66. 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;
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.
67. 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.
Planning C'oinmissian Approved
)0/3;2000
CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389-200-015,023 & 024
Furthermore, all Reclamation Plan grading shall conform to the approved
Reclamation Plan.
68. NPDES /SWPPP. The Applicant shall provide to the Engineering Divisi011
evidence of compliance with the following: "Effective March 10. 2003
owner operators of grading or construction projects are required to c.onlply
with the N.P.D.E.S. (National Pollutant Discharge Elimination ` yst°,Tn)
requirement to obtain coverage under the general industrial permit from. the
State Water Resource Control Board (SVWRCB). The permit requ rein . t
applies to grading and construction sites of one acre or larger.
69. Geotechnical/Soils Reports. All grading shall be in conformance i"Ith the
recommendations of the geotechnical /soils reports as approved by tht, City
Engineer and as integrated into the Reclamation Plan. .
70. Max Slope Ratio. Graded slopes shall be limited to 2H:1 V unless oth(xwv:i_se
approved by the City Engineer.
71. Slope Stability Analysis. A slope stability report shall be submitted irk the
annual report to the City Engineer.
72. 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 Management Plan)
required by the Regional Water Quality Control Board for urban
development pollutants.
73. Minimum Drainage Grade. Minimum drainage grade shall be 1% except
on portland cement concrete where 0.5% shall be the minimum.
74. Slope Setbacks. All excavated or graded slopes shall have setbacks from
buildings and property lines per the standards contained in the Reclamation
Plan.
75, Private Roads. Construction of a private road shall conform to the
approved Reclamation Plan.
Planning Commission Approved
10/11 2 0 0 6
CONDITIONS OF APPROVAL FOR RECLAMATION FLAN NO. 2006-01,
AND MITIGATED NEGATIVE DECLARATION NO. 2006-06
PACIFIC AGGREGATES, INC., APN(s) 389- 200 -015, 023 & 024
76. Update financial Assurance. Pfief to appfeval e f the Reel matia:z- Kar, --a
Fiji ny -1 A -s a. -n n ee r.ost rsoti ffla "�'i,. e-mi " "e STib- FLTeQ^to177"tr
and ��„ � +:. The E +; n., + ,;. or7 +L. oro;,. mil, c1.
acti v ityand G�7i difiefts. he ifffefaratiien cicrcnn�zra * '& . s'de
feelamation standafds 4n use crnTay as well as eests r"Slr,i�.
faetern for the end of the p -c+ eet
iu
The applicant shall comply with the previsions of the Lake z_;;': More
Municipal Code Section 14.04.140 regarding Financial as3u!' -,7..Y -ices.
(Amended by the Planning Commission at the October 3, 2006 hearir.�;
77. NOTE: At least every three years of operation, the Applicant shall arc.', :.,ide
the City of Lake Elsinore Engineering Division with aerial tom -3,c:. a-phy
showing incremental and total changes to excavations. This wil ". r _ode
cross - sectional maps showing berms, slope angles and benche.._� of all
excavations.
Planning Commission approved
10 ;.'2006