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HomeMy WebLinkAboutPlanning Commission Minutes 6-8-10_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, June 8, 2010, at 2:00 p.m. are as follows: PRESENT: Paul Foster, Chairman Gary Miller, Vice Chairman Carol Dyer, Commissioner Conrad Guzkowski, Commissioner Jan Hudson, Commissioner Eric Shamp, Commissioner ADVISORY STAFF Michael Reiter, Assistant City Attorney PRESENT: Oscar Orci, Community Development Director Robert Dalquest, Assistant Community Development Director Manuel Baeza, Principal Planner Sergio Madera, Associate Planner I. CALL TO ORDER AND PUBLIC COMMENT PERIOD - 3 MINUTES Chairman Foster called the meeting to order, and opened up the Public Comment period. There were no comments forthcoming and the Public Comment period was closed. All members were present with the exception of Commissioner James who was excused. II. CONSENT ITEM A. None III. OLD BUSINESS A. ROBERTSON'S READY MIX AND CEMEX CONSTRUCTION MATERIALS PACIFIC LLC, CO-APPLICANTS (PROJECT PLANNERS: MANUEL BAEZA AND SERGIO MADERA) 1. Consideration of a recommendation to the City Council on the Final Environmental Impact Report for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan; and recommending to the City Council adoption of the Statement of Facts, Findings and Overriding Considerations and the Mitigation Monitoring and Reporting Program. 2. PUBLIC HEARING for the Planning Commission to consider a recommendation to the City Council on GENERAL PLAN AMENDMENT NO. 122 to amend the Open Space and Conservation Element by modifying Figure 7.1 (Trails Map) for consistency with the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan. 3. Consideration of a recommendation to the City Council on General Plan conformity for STREET VACATION NO. 153 to vacate a segment of Church Street within the Upper Santa Ana River Wash area. Planning Commission Minutes of June 8,2010 Pagel B. ROBERTSON'S READY MIX, APPLICANT 1. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 948 (East Quarry South) for a mine site approval and a reclamation plan for a 128-acre expansion of an existing aggregate quarry (formerly known as the Old Webster Quarry) with a cumulative area of 291 acres located east of Orange Street and north of the Upper Santa Ana River bluff in the O (Open Land) District. 2. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 949 (Silt Pond Quarry) for a mine site approval and a reclamation plan encompassing a 98-acre aggregate quarry with the southerly 36 acres located within the City of Redlands and the northerly 62 acres within the City of Highland located in the Upper Santa Ana River Wash, west of Orange Street in the O (Open Land) District. 3. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 964 (Plunge Creek Quarry) for a mine site approval and a reclamation plan encompassing a 123- acre aggregate quarry with the southwesterly 6 acres within the City of Redlands and the northeasterly 117 acres within the City of Highland located in the Upper Santa Ana River Wash, east of Alabama Street in the O (Open Land) District. C. CEMEX CONSTRUCTION MATERIALS PACIFIC LLC, APPLICANT 1. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 950 (East Quarry North) for a mine site approval and a reclamation plan for a 45-acre expansion of three contiguous aggregate quarries into a single quarry encompassing a cumulative area of 420 acres with 232 acres within the City of Redlands and 188 acres within the City of Highland located in the Upper Santa Ana River Wash, east of Orange Street and north and south of the northerly City Limit Line in the O (Open Land) District. 2. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 951 (West Quarry) for a mine site approval and a reclamation plan for a 41-acre expansion of an existing aggregate quarry for a cumulative total area of 186 acres with 118 acres in the City of Redlands and 68 acres within the City of Highland located in the Upper Santa Ana River Wash, east of the 210 Freeway and north and south of the northerly City Limit Line in the O (Open Land) District. 3. PUBLIC HEARING to consider a recommendation to the City Council on CONDITIONAL USE PERMIT NO. 952 (Alabama Street Quarry) for a mine site approval and a reclamation plan for the 17-acre expansion of an existing aggregate quarry for a cumulative total area of 72 acres located in the Upper Santa Ana River Wash on the east side of Alabama Street, immediately south of the northerly City Limit Line in the O (Open Land) District. Planning Commission Minutes of June 8,2010 Page 2 Principal Planner Manuel Baeza and Associate Planner Sergio Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the project subject to the conditions of approval. Commissioner Guzkowski stated the following concerns: • Inquired if the land adjacent to the Alabama Street Quarry is designated Open Space • Requested clarification if the City of Redlands leases the property to CEMEX and inquired how CEMEX could use the property • Inquired what would influence the final pit depths • Requested clarification regarding the reclamation of the finished slopes and the final grade; and • Inquired if the pit will fill up with water, and how will the Alabama Street Quarry blend in with the landscaping. Associate Planner Madera confirmed the property is owned by the City of Redlands and is being leased to CEMEX. Associate Planner Madera stated the land is designated as Habitat Conservation. Assistant Director Robert Dalquest stated the area is part of the wash plan and the mitigation measure requires that the applicant obtain a Take Permit from Fish and Wildlife to make certain that it remains a habitat conservation area. Chairman Foster opened up the Public Hearing. Mr. Marty Derus, representative, stated both Robertson's Ready Mix, and CEMEX Construction Materials Pacific LLC concurred with the conditions of approval as well as the added conditions by Municipal Utilities and Engineering Department (M.U.E.D.). Mr. Derus stated they have found that aggregate is more valuable and if the material is good, they could go to a deeper depth. The slopes will be finished at two to one concurrently as they mine. Mr. Derus stated there is not much change to the current mine plan for the Alabama Street Quarry. The water has risen up to the hundred (100) foot level very seldom in the past thirty (30) years. Commissioner Dyer requested more information on the contours and natural landscaping of the pit areas. Mr. Derus stated they will salvage any plants that could be salvaged and will use two to three feet of surface material then they will grade and seed the area. Robertson's Ready Mix and CEMEX Construction Materials Pacific LLC will monitor the revegetation on an annual basis. The City is the lead agency for revegetation and funds are available to landscape the area if needed. Chairman Foster closed the Public Hearing. M.U.E.D. Director Rosemary Hoerning clarified the revisions to the conditions of approval. MOTION It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission certify it has reviewed and considered the information contained in the certified Final Environmental Impact Report for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan in accordance with Section 15050 of the California Environmental Quality Act Guidelines. Planning Commission Minutes of June 8,2010 Page 3 It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council adopt the Mitigation Monitoring and Reporting Program for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan. It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council adopt the Statement of Facts, Findings Overriding Considerations for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan. It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission approve Planning Commission Resolution No. 1204 recommending approval of General Plan Amendment No. 122. It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission approves Planning Commission Resolution No. 1205 determining that the vacation of City Right-of-Way on Church Street within the Upper Santa Ana River Wash is in conformity with the City's General Plan and recommending approval of Street Vacation No. 153. It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council approve Conditional Use Permits Nos. 948, 949, and 964, subject to the following findings and subject to the attached Conditions of Approval: 1. That the proposed development will not adversely affect the applicable land use plans of the city; The quarries are a conditionally permitted uses in the O (Open Land) District, and are consistent with the General Plan land use designation of this area which is Flood Control/Construction Aggregates/Conservation Habitat Preservation, as well as, the recently approved Upper Santa Ana River Wash Land Management and Habitat Conservation Plan; 2. That the proposed development will not be detrimental to the public health, safety and welfare; the operation of the quarries will be conducted in accordance with all state regulations for mining which address public health, safety and welfare, In addition, the Mitigation Measures contained in the Final Environmental Impact Report for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan have been incorporated into the Conditions of Approval for each of the Quarries which address environmental impacts generated by the projects; 3. That the proposed development will comply to the maximum extent feasible with the regulations of the city's general plan, the applicable zoning district and the city's development standards; the General Plan designation of all subject properties is Flood Control/Construction Aggregates/ Conservation Habitat Preservation, and the zoning is O (Open Land) District. The quarries would be developed to comply with the Guiding and Implementing Policies, of the Redlands General Plan, all Development Standards of the O (Open Land) District and in accordance with the City's Surface Mining And Land Reclamation Ordinance; Planning Commission Minutes of June 8,2010 Page 4 4. That the proposed development is appropriate at the proposed location; mining operations have been conducted in the Upper Santa Ana River Wash area for decades and each development is designed to either locate mining activities in areas where they currently exist or immediately adjacent to mining area with poor to marginal habitat quality and reducing impacts to undisturbed areas of significant habitat quality." MOTION It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council approve the Reclamation Plan for Conditional Use Permits Nos. 948, 949, and 964, subject to the following findings and subject to the attached Conditions of Approval: 1. That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions; The Department of Conservation, Office of Mine Reclamation and has determined that the Reclamation Plan complies with all applicable provision of the Public Resources Code; 2. That the Reclamation Plan complies with the State regulation; The Department of Conservation, Office of Mine Reclamation and has determined that the Reclamation Plan complies with all applicable provision that pertain to reclamation plans; 3. That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with Chapter 18.266 and the City's General Plan; The proposed end uses of reclaimed land open space groundwater recharge and or flood control are consistent with Chapter 18.266 as well as the Policies of the City's General Plan Open Space and Conservation Element; 4. That the Reclamation Plan has been reviewed pursuant to the CEQA and the City's CEQA guidelines, and all significant adverse impacts reclamation of the surface mining operations are mitigated to the maximum extent feasible; The Application is consistent with the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Document which covers Aggregate Mining Activities of Robertson's Ready Mix on the areas designated in the Land Management Plan for Mining, including construction of aggregate vehicle haul roads, and Reclamation of the Mine Pits at the end of Mining Operations. All environmental impacts related to the Application have been disclosed in an Environmental Impact Report certified by the San Bernardino Valley Water Conservation District (Lead Agency) on November 12, 2008, (SBWCD Resolution No. 443). The Application has been lawfully conditioned with applicable Mitigation Measures from the Certified Environmental Impact Report to ensure that the Application will reduce significant effects on the environment. 5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values; the Applicant proposes to mine Plunge Creek Quarry to form a drainable basin that will enhance the capacity of the East Basin Flood Control Basin and also provide Planning Commission Minutes of June 8,2010 Page 5 open space; the Silt Pond Quarry will be backfilled and used for the open space. The East Quarry South will be used for groundwater recharge or a water storage basin: 6. That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the City's General Plan; reclamation of the Plunge Creek Quarry will consist of grading to design contours to allow drainage into Plunge Creek this will include the removal of all exiting structures, tanks, equipment, and stockpiles. It will then be covered with salvaged topsoil material and revegetated. The final end use for this site is open space and or flood control; the Silt Pond Quarry will be backfilled and replanted, for open space use or other uses as determined by the City. The East Quarry South will be regraded and replanted and used for groundwater recharge or a water storage basin. 7. That a written response to the State Department of Conservation Director has been prepared, describing the disposition of major issues raised by the Director. Where the City's position is at variance with the recommendations and objections raised by the Director, said response shall address, in detail, why specific comments and suggestions were not accepted. On March 12, 2009, Staff submitted the subject Mine and Reclamation Plans to OMR for technical assistance. On April 13, 2009, OMR provided comments including a request for a single reclamation plan to be provided for all three (3) quarries. On August 27, 2009, staff requested a formal review of the Mine and Reclamation Plan. On September 3, 2009 OMR informed the City that the Applicant satisfactorily addressed all their comments, except for the consolidating mine identification numbers. The City will continue to work with the Applicant to address any remaining comments raised by OMR. It was moved by Commissioner Shamp, seconded by Commissioner Dyer, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council approve Conditional Use Permits Nos. 950, 951, and 952, subject to the following findings and subject to the attached Conditions of Approval: 1. That the proposed development will not adversely affect the applicable land use plans of the city; The quarries are a conditionally permitted uses in the O (Open Land) District, and are consistent with the General Plan land use designation of this area which is Flood Control/Construction Aggregates/Conservation Habitat Preservation, as well as, the recently approved Upper Santa Ana River Wash Land Management and Habitat Conservation Plan. 2. That the proposed development will not be detrimental to the public health, safety and welfare; the operation of the quarries will be conducted in accordance with all state regulations for mining which address public health, safety and welfare. In addition, the Mitigation Measures contained in the Final Environmental Impact Report for the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan have been incorporated into the Conditions of Approval for each of the Quarries which address environmental impacts generated by the projects; 3. That the proposed development will comply to the maximum extent feasible with the regulations of the city's general plan, the applicable zoning district and the city's development standards; the General Plan designation of all subject Planning Commission Minutes of June 8,2010 Page 6 properties is Flood Control/Construction Aggregates/ Conservation Habitat Preservation, and the zoning is O (Open Land) District. The quarries would be developed to comply with the Guiding and Implementing Policies, of the Redlands General Plan, all Development Standards of the O (Open Land) District and in accordance with the City's Surface Mining And Land Reclamation Ordinance; 4. That the proposed development is appropriate at the proposed location; mining operations have been conducted in the Upper Santa Ana River Wash area for decades and each development is designed to either locate mining activities in areas where they currently exist or immediately adjacent to mining area with poor to marginal habitat quality and reducing impacts to undisturbed areas of significant habitat quality." MOTION It was moved by Commissioner Shamp, seconded by Commissioner Dyer, and carried on a 6-0 vote (Commissioner James absent) that the Planning Commission recommend that the City Council approve the Reclamation Plan for Conditional Use Permits Nos. 950, 951, and 952, subject to the following findings and subject to the attached conditions of approval: 1. That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions; The Department of Conservation, Office of Mine Reclamation has determined that the Reclamation Plan complies with all applicable provision of the Public Resources Code. 2. That the Reclamation Plan complies with the State regulation; The Department of Conservation, Office of Mine Reclamation has determined that the Reclamation Plan complies with all applicable provision that pertain to reclamation plans. 3. That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with Chapter 18.266 of the Municipal Code and the City's General Plan; the final uses of reclaimed land will be (open space, groundwater recharge and/or water storage) are consistent with Chapter 18.266 of the Redlands Municipal Code as well as the Policies of the City's General Plan Open Space and Conservation Element. 4. That the Reclamation Plan has been reviewed pursuant to the CEQA and the City's CEQA guidelines, and all significant adverse impacts and reclamation of the surface mining operations are mitigated to the maximum extent feasible. The Application is consistent with the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Document which covers Aggregate Mining Activities of CEMEX Construction Materials Pacific LLC on the areas designated in the Land Management Plan for Mining, including construction of aggregate vehicle haul roads, and Reclamation of the Mine Pits at the end of Mining Operations. All environmental impacts related to the Application have been disclosed in an Environmental Impact Report certified by the San Bernardino Valley Water Conservation District (Lead Agency) on November 12, 2008, (SBWCD Resolution No. 443). The Application has been lawfully conditioned with applicable Mitigation Measures from the Certified Environmental Impact Report to ensure that the Application will reduce significant effects on the environment. Planning Commission Minutes of June 8,2010 Page 7 5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values; the Applicant proposes to mine the East Quarry North, West Quarry and the Alabama Street Quarry and reclaim the project site to accommodate the end uses of ground water recharge, water storage basins, recreation, and open space. A revegetation program will be implemented with the goals of reducing potential erosion, and visual impacts and reestablishing native habitat. Only native species, which currently occur adjacent to the site will be utilized and the genetic balance of the area will be maintained by avoiding the introduction of non-native species from outside the immediate vicinity; 6. That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the City's General Plan. Reclamation of the East Quarry North, West Quarry and the Alabama Street Quarry will include the removal of all exiting structures, tanks, equipment, and stockpiles. It will then be covered with salvaged topsoil material and revegetated. The final end use for this site is ground water recharge, water storage basins, recreation, and open space. 7. That a written response to the Director of the State Department of Conservation has been prepared, describing the disposition of major issues raised by the Director. Where the City's position is at variance with the recommendations and objections raised by the Director, said response shall address, in detail, why specific comments and suggestions were not accepted. On March 12, 2009, Staff submitted the subject Mine and Reclamation Plans to OMR for technical assistance. On April 13, 2009, OMR provided comments including a request for a single reclamation plan be provided for all three (3) quarries. On August 27, 2009, staff requested a formal review of the Mine and Reclamation Plan. On September 3, 2009 OMR informed the City that the Applicant satisfactorily addressed all their comments, except for the consolidating mine identification numbers. The City will continue to work with the Applicant to address any remaining comments raised by OMR." IV. NEW BUSINESS - None V. ADDENDA - None VI. MINUTES A. Minutes of April 27, 2010 It was moved by Vice Chairman Miller, seconded by Commissioner Hudson and carried on a 5-0 vote (Commissioner James absent, Commissioner Shamp abstained) that the Planning Commission approve the minutes of April 27, 2010. VII. LAND USE AND CITY COUNCIL ACTIONS OF JUNE 1, 2010 Chairman Foster inquired if there were any City Council actions to report for June 1, 2010. Director Orci stated there were no reportable actions. Planning Commission Minutes of June 8,2010 Page 8 VIII. ADJOURN TO JUNE 13, 2010 Chairman Foster adjourned the meeting at 3:00 p.m. to the July 13, 2010 meeting. Linda McCasland Oscar Orci Senior Administrative Technician Community Development Director Planning Commission Minutes of June 8,2010 Page 9