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HomeMy WebLinkAboutCC Reso No 2016-142 Reclomation Plan 2006-01 Amendment 2 Nichols RoadRESOLUTION NO. 2016 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING OF RECLAMATION PLAN 2006 -01 AMENDMENT NO. 2 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 Reclamation Plans; 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) had the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning 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). Reso No. 2016 -142 Page 2of3 SECTION 3. That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings in approving of Reclamation Plan 2006 -01 Amendment No. 2: That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions. The proposed amended Reclamation Plan has been reviewed by the City and the Department of Conservation, Office of Mine, the amended Reclamation Plan and has been found to be consistent with SMARA. 2. That the reclamation plan complies with applicable requirements of State regulations (CCR Sections 3500 through 3505 and 3700 through 3713). The proposed amended Reclamation Plan has been reviewed by the City and the Department of Conservation, Office of Mine, the amended Reclamation Plan and has been found to be consistent with the required State regulations. 3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the City's General Plan and any applicable resource plan or element. The proposed reclaimed land uses are consistent with the City's General Plan and the Alberhill Specific Plan. Specifically the Project proposes a mix of Commercial and Open space uses in an intensity that is consistent with the Alberhill Specific Plan. 4. That the reclamation plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. The City has prepared an EIR which adequately assessed the impacts of the proposed project. As identified in the EIR all significant impacts have been reduced to levels of less than significant. The EIR also found several impacts which would not be reduced to levels of less than significant, thus necessitating the adoption of a Statement of Overriding Consideration. Because the Project mitigates to the maximum extent feasible, it is found to be consistent with this finding. 5. That the land and /or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off -site development will compensate for 'related disturbance to resource values. The Project does not contain any water bodies. The proposed Project would restore the land to Open Space and Commercial uses, consistent intensity with the surrounding densities of development. As those development project are proposed further environmental analysis would be required. SECTION 4. Based upon all of the evidence presented and the above findings, the Council of the City approves Reclamation Plan 2006 -01 Amendment No. 2. Reso No. 2016 -142 Page 3 of 3 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 Tisdatw,-Mayor Attest: =c 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 -142 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 t� r Susan M. Domen, MMC City Clerk