HomeMy WebLinkAboutPC Reso No 2016-81 (Nichols Road Partners, LLC - Eric Werner)RESOLUTION NO. 2016.81
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE APPROVAL 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.OO 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
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 the Project pursuant to the appropriate Plannang and Zoning Laws, and Chapter '14
(Envrronmental Regulations) 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 of the
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 Reclamation Plan 2006-
01 Amendment No. 2.
1. That the Reclamation Plan complies with S|\4ARA Sections 2772 and 2773, and any other
applicable provisions.
2.
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Reso No. 2016-81
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The proposed amended Reclamation Plan has been reviewed by the City and the
Depafiment of ConseNation, Office of Mine, the amended Reclamation Plan and has been
found to be consistent with SMARA.
That the Reclamation Plan comp es 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
Depaiment of ConseNation, Office of Mine, the amended Reclamation Plan and has been
found to be consistent with the required State regulations.
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.
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 /evels of /ess
than significant. The EIR also found several impacts which would not be reduced to levels
of less than significant, thus necessltafmg the adoption of a Statement of Overriding
Consideration. Because the Project mitigates to the maximum extent feasible, it is found
to be conslsfenl with this finding.
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 surroundrng 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, consislent intensity with the surrounding
densfies of developmenf. As lhose development Project are proposed fufther
environmental analysis would be required.
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
Reclamation Plan 2006-01 Amendment No. 2.
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.
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Reso No. 2016-81
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Adam Armit, Chairman
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby ceftify that
Resolution No. 2016-81 as adopted by the Planning Commission of the City of Lake Elsinore at
a Regular meeting held of 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
Armit
NOES: None
ABSTAIN: None
ABSENT: None
}SS
Justin
RESOLUTIONS:
PROJECT NUMBER:
PROJECT NAME:
PROJECT LOCATION:
APPROVAL DATE:
EXPIRATION DATE:
CONDITIONS OF APPROVAL
SMP 2015-01 & RP 2006-01 Amendment No. 2
Nichols Road Partners
389-200-035, -036, and-038
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, Agents, and Consultants
agents (collectively referred to individually and collectively as "lndemnities") from
any claim, action, or proceeding to attack, set aside, void, or annul an approval by
lndemnitees concerning approval of the project, or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by lndemnities and costs of suit,
claim or litigation, including without limitation attorneys'fees, penalties and other
costs, liabilities and expenses incurred by lndemnities in connection with such
proceeding. The City will promptly notify the applicant of any such claim, action, or
proceeding against the City. lf the project is challenged in court, the City and the
applicant shall enter into formal defense and indemnity agreement, consistent with
this condition.
2. Within 30 days of project approval, the applicant shall sign and return the final
Conditions of Approval to the Community Development Department for inclusion
in the case records. All conditions of approval shall be reproduced in Appendix C
of the Reclamation Plan within fifteen (15) days after approval by the City Council.
The Applicant shall sign the Conditions Approval within 30 days of approval of the
Reclamation Plan by the City Council and shall return the executed original to the
Planning Division for inclusion in the case records.
PLANNING DIVISION
3. All site improvements approved with this request shall be constructed as indicated
on the approved Reclamation Plan. Revisions to approved plans shall be subject
to the review and approval of the Planning Commission except as otherwise noted
in these conditions.
Page 1 of 9
Appl'Cantsi inrlrals *_
U:\PLANNING\Resolutions\201 6\Reso 2016-18-81 (COA).docx
5.
4. structures shall be placed on-site as depicted on the Reclamation plan Figure BA.The community Deveropment Director or Designee may approvJ minor
modifications to the placement of structures on-site.
o
The proposed project shall comply with the applicable zoning and developmentstandards identified in the Alberhill Ranch specific plan ind conesponding
amendments thereto.
Truck Maintenance. All trucks exiting the Nichols Mine prolect site shall be washed
and rattled to prevent materials from spilling onto adjacent roads and streets.
The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project
site identifying the approved days and hours of operation and a statement ihat
complaints regarding the operations of the mining project be lodged with the city
of Lake Elsinore code Enforcement Division, which can be reachld at (9sl)674-
3124.
Hours of operation shall be limited to 4:00 a.m. and 12:OO a.m. (Monday through
saturday, excluding Federal Holidays) for mining equipment and asphalt oitcn ptant
operation and 24 hours per day (Monday through Saturdays, excluding Federal Holidays)
for aggregate and asphalt batch plant export activities.
During any mining activities should any operations personnel of the mine site
inadvertently find and/or identify any potentral rribal cultural Resources, the
Pechanga Band of Luiseno lndians shall be notified immediately.
Nichols Road shall be approved. (Added by the planning Commission on
11t17 t16).
ENGINEERING DIVISION
General
11. ln accordance with the City's Franchise Agreement for waste disposal and
recycling, the applicant shall be required to contract with CR&R, lnc, for removal
and disposal of all waste material, debris, vegetation and other rubbish generated
o.
7.
B,
10.
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during cleaning, demolition, clear and grubbing and aI other phases ofconstruction.
12. The undisturbed area is subject to the stephen's Kangaroo Rat HCp fee of
$500/acre prior to grading activity commencing.
Mininq Permit
13. Prior to the commencement of mining activities on undisturbed lands related to this
Mining Permit, Financial Assurances payable to the city of Lake Elsinore and the
Department of Conservation shall be filed with the City. The financial assuranceshall be available to both the city and the Department of conservation. The
amount shall be calculated based on a cost estimate submitted by the Applicant
and approved by the city for the approved reclamation procedures and shall be
submitted within sixty (60) days of project approval. Each year, following the
annual mine site inspection, the assurance amount shall be adjusted to account
for new lands disturbed by the surface mining operations, inflation, and reclamation
of lands accomplished in accordance with the approved Reclamation plan.
14. The financial assurance is not established to replace the operator's responsibility
for reclamation or mitigation, but to assure funding for the Reclamatron plan and
mitigation measures. Should the applicant fail to perform or operate within all ofthe requirements of the approved reclamation plan, the city or Department of
conservation shall follow the procedures outlined in Section zils.l ana 2774.1 of
the surface Mining and Reclamation Act (SMARA), regarding the forfeiture of the
assurance and applicable administrative penalties, to bring the applicant into
compliance. The requirements for the financial assurance will terminate when the
approved project, mitigation measures, and final Reclamation plan have been
completed.
15. clearly legible signs denoting "Disturbance Limits" shall be placed along the inside
limits of the buffer area adjacent to all property lines/permit boundaries. Lettering
shall be a minimum of 4 inches in height. At a minimum, signs shall be placed
every 300 feet around the perimeter of the permit area where undisturbed ground
adjoins the permit area. All signs shall be in place prior to the commencement of
extraction activities and shall be maintained over the life of the operations.
16. The permittee shall be allowed to recycle concrete and asphalt material
construction debris. concrete and asphaltic materials shall not be utilized as
backfill and will be removed from the site before final reclamation.
17. Prior to any mining activity on undisturbed lands related to this Mining permit, the
operator shall developbr revise a storm water pollution prevention plan (swppp)
for routine mining activities associated with new excavation areas. The swppp
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18.
shall emphasize structural and nonstructural best management practices (BMps)to control sediment. The operator shall submit the swppp to the city of LakeElsinore for review and approval.
All loaded trucks egressing from the subject property shall be properly trimmedwith a two (2) foot freeboard height and/or covered and sprayed wiih water so asto minimize dust and prevent spillage onto the public roadwiy. ln the event thatspillage onto the road does occur, said spillage shall be removed immediateiy(within one hour of the spillage) from the road right of way.
19. The applicant shall prepare a plan for the implementation of revegetation test plots.
said plan shall be prepared to the satisfaction of the commuiity Development
Director. This plan shall become part of the revised reclamation plan. The plan
shall be implemented on the first area available for reclamation.
20. A plan shall be prepared and implemented to the satisfaction of the community
Development Director for the purpose of control ng weeds on all areas of the srte.
The weed control plan shall augment weed control measures identified in the
Revegetation Plan. The weed control plan shall be submitted within 1g0 days of
Reclamation Plan approval.
21 . An erosion and sedimentation control plan shall be prepared to describe specific
measures to be put in place that will prevent uncontrolled erosion and eliminate
potential drainage hazards. The plan shall be presented on a map showing the
location and size of specific erosion and sedimentation control structures. Said
plan shall be prepared to the satisfaction of the community Development Director.
Reclamation Plan
22. The operator shall comply with the following conditions during the term of the
Reclamation Plan for the project.
23. The city of Lake Elsinore shatl be notified within thirty (30) days in writing about
any:
a. lnactive periods of operation for one year or more;
b. Changes of company ownership, address or telephone number during the
life of the Reclamation Plan;
c. Any changes to provisions of lease agreements or real property that will
affect the approved Reclamation Plan.
Applicants lnilialsl Page 4 of I
within 180 davs of proiect commqncgment. the followino conditions must be completed
to the satisfaction of the Communitv Development Director:
24. lf the operation or Reclamation Plan procedures substantially change from those
outlined in the approved Reclamation Plan an amendment shall be filed and
approved by the City before such changes are made effective.
25. Reclamation of the site shall commence as soon as feasible.
26. The project site shall be inspected annually to insure compliance with the Surface
Mining Permit and Reclamation Plan
27. There shall be no expansion of use beyond the scope and nature described in the
Reclamation Plan without first obtaining approval.
28. Revegetation methods identified in the reclamation plan text shall be applied
during revegetation.
29. An Annual Monitoring Report shall be submitted to the Director of Community
Development not later than July 1 of each year. Each annual report shall include
the following:
A. ldentification of new disturbance.
B. Depth of pit areas within thirty (30) days of the date of the Annual Monitoring
Report.
C. Provide a map showing current status of all areas within the permit area
including:
i. New disturbance within past 12 months.
ii. Areas reclaimed within previous 12 months.
iii. Location of test plots.
iv. Location of topsoil stockpiles.
v. Proposed new disturbance during the up-coming year.
vi. ldentification of areas proposed for reclamation during the up-coming
year (beginning July 1).vii. The areas where mining is restricted due to the presence, or potential
presence of endangered species.
D. An aerial photo at a scale of 1" = 400'taken no more than 30 days prior to
report submittal.
Applicanls lnitials Page 5 of 9
E. Description of test plot results.
F. Description of reclamation activities completed during the previous year to
include:
i. Seed collection,
ii. Revegetation,
iii. Revegetation success for all areas which have been revegetated, but
which have not yet achieved revegetation success criteria,
iv. Vertebrate recolonization,
v. Repair of areas with excessive erosion,
vi. A statement that reclamation has been initiated on all areas available
for reclamation in accordance with the approved reclamation plan.
G. Revised Financial Assurance Estimate.
H. Description of monitoring activities during the past 12-month period including
ground water elevations and others.
L The Annual Monitoring Report shall provide adequate explanation of why
areas may not be reclaimed due to the presence of endangered species.
30. All operators shall comply with all applicable requirements of the National Pollutant
Discharge Elimination System (NPDES).
31. Rock crushing equipment may not be operated before 4 a.m. or after 12 p.m. on
any day of the year,
32. The Applicant shall reimburse the City for staff time and materials associated with
the enforcement of SMARA, per the City's Municipal Code 14.04.230.
The followinq conditions are performance standards for reclamation:
33. Unless explicitly stated othenvise in this permit, operator shall perform mining and
reclamation activitres as specified in Amended Reclamation Plan for the Nichols
Road Mine, Reclamation Plan 2006-01A2, updated October 2016 and approved
by the City Council of the City of Lake Elsinore on XXXX. This plan will be referred
to hereinafter as the "Reclamation Plan."
Applicanls lr!tralS Page 6 of I
34
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36
Prior to the placement of topsoil and/or seeding of reclaimed lands, all surfaces
shall be ripped to a minimum depth of 12 inches.
The top 6 inches of undisturbed topsoil shall be salvaged for reuse in revegetation.
Unless specifically waived by the Director of Community Director, salvaged topsoil
shall be placed directly on reclamation sites.
Stockpiling of topsoil shall be conducted such that movement of the stockpiles for
operational purposes will not occur. Each topsoil stockpile shall be identified by
clearly legible signs which say "Topsoil". Lettering shall be a minimum of 4 inches
in height.
Each area reclaimed shall be identified on a map and labeled for identification. All
reclamation areas shall be monitored for a minimum of five years following
completion of final reclamation measures. Monitoring shall continue until all
performance criteria are achieved. Annual monitoring reports shall be presented
in accordance with Condition XXXX.
38. All equipment and refuse shall be removed from the site prior to gaining
certification of final reclamation.
Permit Term
39. All mining operations, related material processing, storage, and shipping, and
asphalt production shall permanently cease on-site and reclamation shall begin by
XXXXXX, unless continued mining and/or mine-related activities after that time are
authorized by a separate surface mining permit approved by the City.
CITY OF LAKE ELSINORE FIRE MARSHAL
GENERAL CONDITIONS
40. Lake Elsinore Fire Protection Planning Office Responsibility- lt is the responsibility
of the recipient of these Fire Department conditions to fonauard them to all
interested parties. The permit number (as it is noted above) is required on all
correspondence. Questions should be directed to the Riverside County Fire
Department, Lake Elsinore Fire Protection Planning Division at 1 30 S. Main St.,
Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext.225. The following fire
department conditions shall be implemented in accordance with the Lake Elsinore
Municipal Code and the adopted codes at the time of project building plan
submittal, these conditions are in addition to the adopted code requirements.
41 . Blue Dot Reflectors- Blue retro-ref lective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
37.
Applicanls lnitials Page 7 of 9
Prior to installation, placement of markers must be approved by the Riverside
County Fire Dept.
42. Fire Flow- Minimum fire flow and availability shall be calculated in accordance with
the 2013 California Fire Code, NFPA 59A, and approved by the fire code official
and must be available before any combustible material is placed on the job site.
43. Minimum Access Standards- The following access requirements are required to
be implemented to ensure fire department and emergency vehicular access. All
roadways shall conform to the City of Lake Elsinore approved roadway standards
but in no case shall the minimum fire department vehicular access be less the
following provisions.
1. Twenty-four feet (24') clear width. Where parking is to be provided, each
parking side shall be provided with eight (B') additional feet on each side
of the fire department access.
2. Median openings or crossovers between opposing lanes of a divided
highway or street shall be located only at approved intersections at
intervals cf not less than 500 feet. [Ord. 529 S 3.2(F) 1973].
3. The required all weather vehicular access shall be able to support no less
than 70,000 lbs, over 2 axles.
4. Roadway gradient shall not exceed 15% on any access road, driveways,
and perimeter roads.
5. Turning Radius shall be 26' inside and 38'outside for all access roads.
44. Secondary Access- ln the interest of Public Safety, this project shall provide an
Alternate or Secondary Access. Said access shall be constructed in accordance
to the City of Lake Elsinore Engineering Department standards to accommodate
full fire response and community evacuation.
45. Operating Permit Required - This project has been review and may require an
operating permit in addition to the construction permit that has been conditioned
for this project in accordance with 105.6 of The California Fire Code.
PRIOR TO BUILDING PERMIT ISSUANCE
Plan Check Fee- Building plan check fees shall be made payable to the "City of
Lake Elsinore", and shall be submitted to the Fire Department at the time of plan
submittal.
46.
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47. Water System Plans- Applicant and/or developer shall submit 2 sets of water
system plans to the Fire Department for review The plans must be signed by a
registered Civil Engineer and/or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department after review and
approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit.
MITIGATION MONITORING AND REPORTING PROGRAM
48. The applicant shall comply with the following mitigation measures, which are set
forth in the Mitigation Monitoring & Reporting Program (MMRP) for the Certified
ErR (SCH# 2006051034),
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the
above named project and do hereby agree to accept and abide by all Conditions of
Approval as approved by the City of Lake Elsinore City Council on XXXXX XX, XXXX. I
also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant's Signature:
Print Name:
Address:
Phone Number:
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