Res P-04-90
RESOLUTION NO. P-04-90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
UPDATING CONDITIONAL USE PERMIT 89-05
ASSESSOR'S PARCEL NUMBER 320-031-03,04, AND 06
WHEREAS, Conditional Use Permit (CUP) 89-05 was approved under Resolution
No. P-91-48R on August 20, 1991, and Reclamation Plan (RP) 89-05 was approved
under Resolution 91-078 on July 23, 1991, for a mineral extraction/processing and
concrete manufacturing business on 166 acres, located on the south side of the poway
Business Park, at 13501 Kirkham Way; and
WHEREAS, Chapter 17048 of the Poway Municipal Code and the Conditions of
Approval for CUP 89-05 provide for annual reporting on the CUP requirements, and for
updates to the CUP; and
WHEREAS, on September 7,2004, the City Council approved Zoning Ordinance
Amendment (ZOA) 04-03, which updated the City's surface mining and reclamation
regulations to be consistent with State law, and the update necessitates the addition of
Conditions of Approval to CUP 89-05.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project was addressed and is within the scope of the Calmat Final
Subsequent Environmental Impact Report (State Clearing House Number 89010025)
certified by the City Council on August 7, 1991, under Resolution 90-163.
Section 2: All Conditions of Approval and Mitigation Measures approved under both
CUP 89-05, as contained in Resolution No. P-91-48R, and RP 89-05, as contained in
Resolution No. Resolution 91-078, are still applicable to the project.
Section 3: The City Council hereby updates CUP 89-05 with the following conditions:
A. Prior to re-activation of mineral extraction/processing activity at the site the
applicant shall submit to the City for review an Interim Management Plan. The
Interim Management Plan shall comply with the requirements of Chapter 16.54 of
the Poway Municipal Code, to the satisfaction of the Director of Development
Services.
B. The existing Reclamation Plan obligations (I.e., land form reconfiguration, slope
stabilization, revegetation, etc.) shall be consolidated and summarized into a
single document to include, at a minimum, information on the expected
sequencing of each phase of reclamation, a description of the reclamation
process, identification of applicable performance standards and applicable criteria
for measuring completion of specific reclamation activities; and the estimated
costs for completion of each phase of reclamation. This information shall be
submitted to the City for review before June 1, 2005.
Resolution No. P-04-90
Page 2
C, Financial assurance for implementation of the Reclamation Plan, pursuant to
Chapter 16.54 of the poway Municipal Code, shall be maintained with the City for
the life of the project and shall be updated annually. Each year, prior to the City's
approval of the financial assurance, the updated estimates of financial assurance
shall be submitted to the State Department of Conservation, Division of Mines and
Geology for review. Updated financial assurances shall be submitted to the City at
the time of the applicant's filing of their annual mining report to the State.
D. Noise monitoring and reporting to the City shall be conducted by a qualified
professional, to be selected by the City, to ensure the project complies with City
noise standards. Initial monitoring shall be conducted within the first three weeks
of re-activation of the mineral excavation/processing activity to be conducted with
the temporary plant operation, Additional monitoring shall be conducted within the
first three weeks of mineral excavation and processing activity to be conducted
with the permanent plant operation. Additional monitoring may be required, as
determined by the City, to verify on-going compliance with City standards. The
applicant shall be responsible for all costs associated with noise monitoring and
reporting, and shall submit a cash deposit to the City for this purpose.
E. A noise attenuation wall, as recommended in the Noise Impact Assessment, and
enhanced landscaping shall be installed prior to the re-activation of mineral
extraction/processing activity. Installation of the wall requires the issuance of a
City Building Permit. To soften the appearance of the project's noise attenuation
wall, enhanced landscaping shall be installed along to south and west wall
elevations. Prior to the issuance of the Building Permit, a landscape plan shall be
submitted to and approved by the Director of Development Services.
F. During the San Diego County Water Authority's (SDCWA) use of the Vulcan site,
the applicant shall coordinate and cooperate with SDCWA to ensure that traffic
and circulation is minimally disrupted at the Vulcan driveway on Kirkham Way.
Traffic control measures, which may include a flagman to direct traffic, shall be
implemented at the project entrance on Kirkham Way as may be required by the
City Traffic Engineer. If required, the applicant shall work with the SDCWA to
prepare a traffic control plan. The applicant shall also work with the SDCWA in
implementing any Vulcan driveway modifications that may be deemed necessary
by the City Traffic Engineer to accommodate SDCWA trucks. SDCWA shall be
responsible for the costs of any driveway improvements and traffic control
measures.
G. A sign shall be posted on the fence at the gate located on Beeler Canyon Road to
advise drivers of the vehicle traffic prohibition on Beeler Canyon and Creek Roads.
An exhibit of the sign shall be submitted to and approved by the City, and installed,
prior to re-activation of mineral extraction/processing activity.
H. The applicant shall implement measures to reduce the amount of vehicle and
equipment exhaust emissions in the early morning hours. Prior to re-activating
Resolution No. P-04-90
Page 3
mineral extraction/processing activities at the site, the applicant shall submit an
Emissions Reduction Plan to the City for review. Measures may include, but are
not limited to, the sequencing of truck fleet and equipment warm up, limits on
vehicle idling time, and/or use of areas on the site that are farthest from
neighboring properties, where feasible.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of November 2004.
ATTEST:
ayor
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Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-04-90 , was duly
adopted by the City Council at a meeting of said City Council held on the 16th day of
November 2004, and that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
EMERY, REXFOkO
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Sherrie D. Worrell, Deputy City Clerk
City of Poway