The URL can be used to link to this page

Home My WebLink AboutPC Reso No 2016-78 (Nichols Road Partner, LLC)RESOLUTION NO. 2016.78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, cALtFOR|NA, CERTtFytNG THE FTNAL ENVTRONMENTAL tMPACT REPORT (EtR) (scH 2006051034) FoR SURFACE MtN|NG pERMtT 2015-01 AND RECLAMATTON 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. 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. ([/onday 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, the City of Lake Elsinore (City) has prepared an Environmental lmpact Report (State Clearinghouse No. 2006051034: the (ElR) on the Project pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: "CEQA"), the State Guidelines for lmplementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "State CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private Projects; and, Whereas, the City transmitted for filing a Notice of Preparation of the Draft EIR on or about June 25,2015, tn accordance with the CEQA Guidelines, for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies, and, Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a Draft Envaronmental lmpact Report (DEIR) and in accordance with the State CEQA Guidelines forwarded the DEIR to the State Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to the Project, and to other interested persons and agencies, and sought the comments of such persons and agencies; and, Whereas, notice to all interested persons and agencies inviting comments on the Draft EIR was published rn accordance with the provisions of CEQA and the State CEQA Guidelines and the Lake Elsinore Municipal Code (LEMC) and posted at the Office of the County Clerk of Riverside County on January 8, 2016; and, Whereas, the State Clearinghouse posted the DEIR for a 45-day public comment period which ran from January 8, 2016 to February 22,2016, and, Whereas, based on comments received in response to the DEIR, the City prepared a Recirculated Draft Environmental lmpact Report (RDEIR) to inform the public of changes to the document since the DEIR was initially distributed for public review and to provide the public with the opportunity to provide additional comments on the Project's potential environmental effects, and, Reso. No. 2016-78 Page 2 of 3 Whereas, notice to all interested persons and agencies inviting comments on the RDEIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines and the LEMC and posted at the Office of the County Clerk of Riverside County on August 23, 2016; and, Whereas, the State Clearinghouse posted the DEIR for a 45-day public comment period which ran from August 23, 2016 to October 7 , 2A16', and, Whereas, all actions required to be taken by applicable law related to the preparation, circulation, and review of the DEIR and RDEIR have been taken; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for certifying EIR; and, Whereas, the City has prepared a Final EIR (FEIR) that contains responses to the comments that were received regarding the DEIR; and, Whereas, the DEIR was sent to the Commission members on January 8, 2016 and the RDEIR was sent to the Commission members on August 23,2016. The DEIR and the FEIR (collectively referred to hereinafter in the singular as, "ElR") were considered by the Commission on November 17 , 2016, at a duly noticed Public Hearing where the Commission considered evidence presented by the Community Development Department and other interested parties on the adequacy of the DEIR. The Commission adopted Commission Resolution No. 2015-72 recommending that the Council certify the EIR for the Project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section '1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2. The Commission has considered and evaluated all written and oral staff reports and comments received from persons who have reviewed the ElR, the comments submitted on the EIR; the responses to those comments, the public testimony and such other matters as are reflected in the record of the Public Hearing on the Project and the ElR. Section 3. The Commission finds that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto. The Commission has reviewed and considered the information contained in the EIR and finds that the EIR represents the independent judgment of the City. Section 4. The Commission hereby makes, adopts, and incorporates herein as its "findings of fact" regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the EIR (including, without limitation, the mitigation measures therein set forth) and in the Environmental Findings and Statement of Overriding Considerations Regarding the EIR for the Project (State Clearinghouse No. 2006051034: the "ElR"), attached hereto as Exhibit "A". Section 5. A Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081 .6 of CEQA, and the Commission hereby adopts the MMRP, which is attached hereto as Exhibit "B." Section 6. The Commissron finds that for each of the significant impacts which are sub.iect to a finding under CEQA Section 21081 (a)(3), that each of the social, economic, and environmental benefits of the Project, independent of the other benefits, outweigh the potential sjgnificant unavoidable adverse impacts and render acceptable each and every one of the unavoidable Reso. No. 2016-78 Page 3 of 3 adverse environmental impacts. Therefore, a Statement of Overriding Consaderations has been prepared and is attached hereto as Exhibit "A" (Findings of Fact) and incorporated herein by this reference. Section 7. Based upon all of the evidence presented and the above findings, the Commission of the City of Lake Elsinore certifies the EIR for the Project with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Repoding Program. Section 8. This Resolutlon shall take effect from and after the date of its passage and adoption. Passed and Adopted this 17th day of November, 2016, by the following vote. STATE OF CALIFORNIA COUNTY OF RIVERSIDE I CITY OF LAKE ELSINORE )SS t l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-78 as adopted by the Planning Commission of the City of Lake Elsinore at a Regular meeting held on November 17,2016 and that the same was adopted by the following vote: AYES: Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman ArmitNOES: None ABSTAIN: None ABSENT: None 6am Armit, Chairman Justi