HomeMy WebLinkAboutCC Reso No 2006-191RESOLUTION NO. 2006-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
RECLAMATION PLAN NO. 2006-O1
WHEREAS, Pacific Aggregates, Inc. has filed an application with the City
of Lake Elsinore requesting approval of Reclamation Plan No. 2006-01 for a
211.40 acre site located on the east side of the I-15 freeway at the Nichols Road
intersection and commonly identifiable as APNs 389-200-015, -023, and -024 (the
"ProjecP'); and
WAEREAS, pursuant to Chapter 14.04 of the Lake Elsinare Municipal
Code, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of considering and approving, conditionally approving, or
denying Reclamation Plans; and
WHEREAS, Section 14.04.220 allows any person aggrieved by the
Planning Commission's decision to appeal that decision to the City Council within
five days after the Planning Commission renders it decision; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal.
Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R.
§§ 15000 et seq.), Mitigated Negative Declaration No. 2006-06 and the
corresponding Mitigation Monitoring and Reporting Program were prepared to
mitigate any potentially significant environmental effects of the Project to a
statistical level of insignificance; and
WHEREAS, on October 3, 2006, after considering evidence presented by
the Community Development Department and other interested parties at a public
hearing held with respect to this item, the Planning Commission approved the
Project; and
WHEREAS, on October 6, 2006, Ms. Sheri Weaver filed an appeal of the
Planning Commission's October 3, 2006 decision; and
WHEREAS, on November 14, 2006, the City Council heard Ms. Weaver's
appeal and considered evidence presented by the Community Development
Deparhnent and other interested parties.
CITY COUNCIL RESOLUTION NO. 2006-191
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council has considered and reviewed the Project
and has found it acceptable. The City Council finds and deternunes that the
Project is consistent with the Lake Elsinare Municipal Code and the provisions of
the state Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§
2710 et seq.: "SMARA").
SECTION 2. That in accordance with Chapter 14.04 of the Lake Elsinore
Municipal Code, the City Council makes the following findings for the approval of
Reclamation Plan No. 2006-01:
1. 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 properiy in such zone or
vicinity.
Approval of the Reclamation Plan will not be detrimental to the public health,
welfare or safety or injurious to neighboring properties given that the
Reclamation Plan was designed to minimize exposure of the mining and
reclamation activities to the public. The Project design encourages
concentration of mining and reclamation activities within the inner-most
boundaries of the Project site and requires set backs consistent with the Lake
Elsinore Municipal Code. The Project has been conditioned to comply with the
Lake Elsinore Noise Ordinance and is subject to all enforcement provisions of
the Lake Elsinore Municipal Code. In addition, the potentially significant
environmental effects of the Project have been analyzed and have been
mitigated to a statistical level of insign f cance pursuant to Mitigated Negative
Declaration 2006-06 and the corresponding Mitigation Monitoring and
Reporting Program.
CITY COUNCIL RESOLUTION NO. 2006-191
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2. The Reclamation Plan complies with SMARA § 2772 and § 2773, and any
other applicable provisions.
Reclamation Plan 2006-01 contains all of the required elements outlaned in
SMARA ~ 2772. The Reclamation Plan identifies the name and address of the
surface mining operator, the quantity and type of minerals to be extracted,
proposed initiation and termination dates, maximum anticipated depth of
surface mining operation, maps describing the topographic details of the
Project, a time schedule for mining operations, a description of proposed use or
potential uses after reclamation, a description of reclamation, and an
assessment of the effect of implementation of the plan.
Additionally, Reclamation Plan 2006-O1 complies with the standards set forth
in SMARA ,¢ 2773 because the Reclamation Plan was drafted and tailored
specifically to the Nichols Canyon Mine property.
3. The Reclamation Plan complies with applicable requirements of State
regulations (14 C.C.R. §§3500-3505, and §§ 3700-3713).
Reclamation Plan No. 2006-01 was reviewed pursuant to the State Mining and
Geology Board reclamation regulations. Title 14 of the California Code of
Regulations, Section 3502 identifies six elements which shall be discussed in a
Reclamation Plan. Those six elements include: the envaronmental setting of the
site, the public health and safety, the designed steepness and proposed
treatment of mined lands' final slopes, areas mined to produce additional
material for bac~lling and grading, disposition of old equipment, and
temporary stream or watershed diversion. Reclamation Plan No. 2006-O1
extensively discusses each of these elements. The Reclamation Plan is designed
to minimize impacts to the surrounding community and environment. The
Reclamation Plan satisfies all of the provisions of the City's Surface Mining
and Reclamation Chapter (Lake Elsinore Municipal Code Chapter 14.04),
which is the Ciry's implementation of SMARA.
CITY COUNCIL RESOLUTION NO. 2006-191
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4. The Reclamation Plan and potential use of reclaimed land pursuant to the plan
are consistent with the Chapter 14.04 and the City's General Plan all other
applicable provisions of the Lake Elsinore Municipal Code.
According to the Lake Elsinore General Plan Land Use Element, the City is
experiencing significant growth opportunities in terms of new development and
redevelopment. A majority of the City's acreage is under construction,
approved for construction, or is planned for development. The Land Use
Element encourages future urbanization while presef-ving the environmental
characteristics which contribute to a quality of life that attracts residents to the
community. Approval of Reclamation Plan 2006-01 assists the City's
development goals and intent of the Land Use Element by encouraging the
extractive industry and enabling production of necessary raw materials to
sustain future development within the City and surrounding areas.
The Reclamation Plan is also consistent with the terms of the Open Space
Element of the General Plan. The pYimary focus of the Open Space Element is
to encourage conservation, protection and proper management of natural
resources within the City. The purpose of the Reclamation Plan is to reclaim,
rehabilitate, and revegetate areas that have been disturbed by mining activities.
Indeed, a substantial number of acres of the reclaimed land will be reserved for
open space designation throughout the reclamation process.
Finally, the Project has been reviewed pursuant to the Lake Elsinore Municipal
Code Chapter 14.04 and is consistent with the standards set forth therein.
5. The Redamation 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.
Pursuant to the CEQA and the CEQA Guidelines, Mitigated Negative
Declaration No. 2006-06 and the corresponding Mitigation Monitoring and
Reporting Program were prepared for the Project. Implementation of the
mitigation contained in those documents will reduce any potentially significant
environmental effects of the Project to a statistical level of insignificance.
CITY COUNCIL RESOLUTION NO. 2006-191
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6. 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, ar that suitable off-site
development will compensate for related disturbance to resource values.
The Project lies within the Alberhill Ranch Specific Plan and is subject to Phe
zoning requirements set forth therein. The Alberhill Ranch Specifzc Plan zones
the 211.40 acre site for both commercial and open space uses. The grading
plan and anticipated schedule of revegetation set forth in the Reclamation Plan
are consistent with the underlying zoning designations and encourage
maximum use of the property. Any disturbance to the land or other natural
resources caused by mining activities will be rehabilitated pursuant to the terms
of the Reclamation Plan. The City Engineering Division has conditioned the
Project to maintain finished slopes of 2H:1 V, which is consistent with
engineering industry standards. Such slopes can safely abut commercial uses
and are less likely to fail when compared to steeper slopes. In addition, the
vegetation palette includes native plants which will encourage the
establishment and proliferation of other native species.
7. The Reclamation Plan will restore the mined lands to a usable condition which
is readily adaptable for alternative land uses consistent with the General Plan
and applicable resource plan.
Reclamation Plan 2006-01 is designed to comply with the City's Surface
Mining and Reclamation policies set forth in the Lake Elsinore Municipal Code
Chapter 14.04 and the Alberhill Ranch Specific Plan Amendment No. 3.
Reclamation of the mined lands will result in approximately 98.48 acres of
flatly graded land which is commercially zoned under the Alberhill Ranch
Specific Plan Amendment No. 3. This commercially zoned property fronts the
I-I S freeway and Nichols Road, which is a prime commercial corridor within
the City. The approximate 98.48 acres will be restored to support future open
space and commercial uses.
8. A written response to the State Department of Conservation has been prepared,
describing the disposition of major issues raised by that Department. Where the
City's position is at a variance with the recommendations and objections raised
CITY COUNCIL RESOLUTION NO. 2006-191
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by the State Department of Conservation, said response shall address, in detail,
why specific comments and suggestions were not accepted.
On March 20, 2006, the City of Lake Elsinore Planning Department receaved
comments from the Department of Conservation regarding the Nichols Mine
Reclamation Plan. Comments identified in that letter have been incorporated
into the Final Reclamation Plan and will be forwarded to the Department of
Consef~vation.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 14th day of November,
2006, by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
l.
Ro ert E. Mage , Mayor
City of Lake Elsinore
CITY COUNCIL RESOLUTION NO. 2006-191
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ATTE T:
Frederick R y, City Clerk
City of Lake Elsinore
City Attorney
City of Lake Elsinore