HomeMy WebLinkAboutCC Reso No 2015-008 City Council ResoRESOLUTION NO. 2015 -008
A RESOLUTION OF THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA
REGARDING INDUSTRIAL DESIGN REVIEW NO. 2014 -03 FOR THE
ESTABLISHMENT AND OPERATION OF AN ASPHALT BATCH PLANT
LOCATED AT THE NORTHEASTERN CORNER OF NICHOLS ROAD AND
INTERSTATE 15, ADOPTING ADDENDUM #1 TO MITIGATED NEGATIVE
DECLARATION NO. 2006 -006 FOR RECLAMATION PLAN 2006 -01
WHEREAS, Eric Werner, Nichols Road Partners, LLC is requesting the review
and approval of 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 adopted 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, on January 20, 2015, at a duly noticed public hearing the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and adopted Planning
Commission Resolution No. 2015 -02 recommending that the City Council adopt
Addendum #1 to Mitigated Negative Declaration No. 2006 -06 for Industrial Design
Review No. 2014 -03; and
CITY COUNCIL RESOLUTION NO. 2015 -008
PAGE 2 OF 3
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code
( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning
Commission for industrial design review applications; and
WHEREAS, on February 10, 2015, at a duly noticed public meeting, the City
Council has considered the recommendation of the Planning Commission as well as
evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council, based upon a thorough review of the proposed
Addendum #1 to MND 2006 -06, the CEQA documents, and the evidence received to
date, does determine as follows:
1. That the Addendum #1 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 Addendum #1, 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.
CITY COUNCIL RESOLUTION NO. 2015 -008
PAGE 3 OF 3
SECTION 2. The City Council has evaluated all comments, written and oral,
received from persons who have reviewed Addendum #1 to Mitigated Negative
Declaration No. 2006 -06. The City Council hereby finds and determines that all public
comments have been addressed.
SECTION 3, The City Council 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 City Council has reviewed and considered the information contained in the
Addendum to Mitigated Negative Declaration No. 2006 -06 and finds that the Addendum
and Mitigated Negative Declaration No. 2006 -06 represent the independent judgment of
the City.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council hereby adopts Addendum #1 to
Mitigated Negative Declaration No. 2006 -06 for 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 at a regular meeting of the City Council
of the City of Lake Elsinore, California, on the 10th day of February, 2015.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia
Bloom, City Clerk of the City of Lake
Elsinore, California,
do hereby certify
that Resolution No. 2015 -008 was adopted by
the City Council of
the City of Lake
Elsinore,
California, at a Regular meeting held on the 10th day of February 2015, and
that the same was adopted by the following vote:
AYES:
Mayor Pro Tern Tisdale, Council
Member Johnson,
Council Member
Magee, Council Member Hickman and
Mayor Manos
NOES:
None
ABSENT:
None
ABSTAIN:
None
Virgini . BI
om, City Clerk