HomeMy WebLinkAboutPC Reso No 2016-80 (Nichols Road Partner, LLC)RESOLUTION NO. 2016-80
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENOING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF 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 -acreExpanded 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 7i00 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Prior to making a recommendation to the Council, the Commission has reviewed and
analyzed Surface Mine Permit 2015-0'1 pursuant to the appropriate Planning and Zoning Laws,
and Chapter 16 (Subdivisions) of the LEMC.
Section 2. On November 17,2016, 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 commission
adopted Resolution No. 2016-78 recommending that the Council find and determine that the Final
EIR (SCH 2006051034) was adequate and prepared in accordance with the requirements ofthe
California Environmental Quality Act (CEOA).
Section 3. That in accordance with State Planning and Zoning Law and the LEMC, the
Commission makes the following findings in recommending approval of Surface Mine permit
2015-01.
'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
slle access thereby reducing potential detrimental impacts to the public. Fufthermore, the
Prolect wi 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 timits slte 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 planning
Commission hereby recommends the City Council of the City of Lake Elsinore approve Surface
Mining Permit 2O15-O1 .
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
Passed and Adopted this 1 7th day of November, 2016.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the city of Lake Elsinore, california, hereby certify that
Resolution No. 20'16-80 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
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dam Armit, Chairman
Justin
J usti