HomeMy WebLinkAboutCC Reso No 2016-141A Surface Mining Permit 2015-01 Nichols RoadRESOLUTION NO. 2016 -141A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING SURFACE MINING PERMIT 2015 -01
Whereas, Eric Werner of Nichols Road Partners, LLC has requested approval of Surface Mining
Permit 2015 -01 and Reclamation Plan 2006 -01 Amendment No. 2: A request by Nichols Road
Partners for an expansion of the mining area within the existing 199 Nichols Road Mine, which
are collectively referred to herein as the Project, and,
Whereas, the Project consists of the Authority to conduct mining operations in the 24 —acre
Expanded Disturbance Area (EDA) of the 199 acre existing mine, resulting in an increase of the
total mining area from approximately 116 acres to approximately 140 acres. An increase in mining
equipment operational hours from between 7:00 a.m. and 12:00 a.m. (Monday through Friday,
excluding Federal Holidays) and between 7:00 a.m. and 7:00 p.m. (Saturdays only) to between
4:00 a.m. and 12:00 a.m. (Monday through Saturday, excluding Federal Holidays) for mining
equipment and asphalt batch plant operation and 24 hours per day (Monday through Saturdays,
excluding Federal Holidays) for aggregate and asphalt batch plant export activities a reduction of
the Mine's annual permitted tonnage from 4,000,000 (tpy) to 856,560 tpy; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 14.04 (Surface Mining and
Reclamation) the Planning Commission (Commission) has been delegated with the responsibility
of making recommendations to the City Council (Council) pertaining to the surface mining permits;
and,
Whereas, on November 17, 2016, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item; and,
Whereas, pursuant to Section 17.184.090 of the LEMC the Council of the City of Lake Elsinore
(City) has the responsibility of making decisions to approve, modify or disapprove
recommendations of the Commission for Commercial Design Review applications; and,
Whereas, on December 13, 2016, at a duly noticed Public Meeting, the Council has considered
the recommendation of the 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. Prior to making a decision to the Council has reviewed and analyzed the
Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of
the LEMC.
Section 2. On December 13, 2016, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other matters
as are reflected in the record of the noticed Public Hearing on the Project, the Council adopted
Resolution No. 2016 -140 determining that the Final EIR (SCH 2006051034) was adequate and
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA).
Section 3. That in accordance with State Planning and Zoning Law and the LEMC, the Council
makes the following findings in approving the Project:
CC Reso No. 2016 -141A
Page 2 of 2
1. That the granting of the permit or approval of the plan will not be detrimental to the public
health, welfare or safety or injurious to the property in such zone or vicinity.
The proposed Project would expand the existing mining area of approximately 116 acres
to approximately 140 acres, would modify the hours of operation, and would reduce the
annual permitted tonnage. The existing mine is secured by perimeter fencing which limits
site access thereby reducing potential detrimental impacts to the public. Furthermore, the
Project will be required to implement specific mitigation measures as identified in the Final
EIR to reduce potential detrimental impacts to the public due to air and water quality to
levels of no significance. Because the proposed Project limits site access and will be
required to mitigate potential impacts it has been found that the granting of the permit or
approval of the plan would not be detrimental to the public health, welfare or safety or
injurious to the property in such zone.
Section 4. Based upon all of the evidence presented and the above findings, the Council of
the City of Ldke Elsinore approves Surface Mining Permit 2015 -01.
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
Passed and Adopted this 13th day of December, 2016.
Brian Ilsda , ayor
Attest:---�
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016 -141A was adopted by the City Council of the City of Lake Elsinore,
California, at a Regular meeting held of December 13, 2016, and that the same was adopted by
the following vote:
AYES: Council Members Hickman, Johnson, Manos; Mayor Pro Tern Magee and Mayor Tisdale
NOES: None
ABSTAIN: None
ABSENT: None
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Susan M. Domen, MMC
City Clerk