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Covenant Regarding Real Property 1991-0449271 408 '"\~' H l' 991-0449271 .. u. ;oJ '* . ~ ~ /. c- _~ ~'rI 03=SEP-1991 Ob'q~ HI' CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) Orn'-'IA"' RECORDS 1f...L. .L ,... -F"rr SAN DIEGO COUNTY RECORDER> U^~ 1."L ANNETTE EVANS, COUNTY RtCORutR Rf: lB. 00 FEES: AF: 31. 00 nF: 1. 00 50,00 RECORDING REQUEST BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92D64 No Transfer Tax Due (This soace for Recorder's use) I~ i\ ~Z COVENANT REGARDING REAL PROPERTY CLERCO, INC., a California Corporation ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Numbers 320-031-03, 32D-031-06 ("PROPERTY" hereinafter). OWNER acknowledges that the PROPERTY is presently leased to CalMat Co., a Delaware Corporation ("PERMITTEE" hereinafter) for the purpose of operating a sand and gravel extraction, and concrete manufacturing operation which operation is conducted pursuant to Conditional Use Permit 89-05. In consideration of the approval of Conditional Use Permit 89-05 by the City of poway ("CITY" hereinafter), OWNER and PERMITTEE hereby covenant and agree for the benefit of the CITY, to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 89-05 expires or is rescinded by City Council, at the request of the OWNER and/or PERMITTEE, CITY shall expunge this Covenant from the record title of the PROPERTY. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, inClUdin";lgea onable attorneys' fees, from the other party. I / /' , Dated: Dated: o~a~ffUl'!08~t ~E ITTEE, CalMat Co. (Notarize) Dated: ;;, If'll / CITY o~~ ~ . ~~4- (No ed to notarize) By ~ LEGAL DESCRIPTION ASSESSOR'S PARCEL BOOK 320 PAGE 031 PARCEL 3 That portion of the west half of the northeast quarter of section 25, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to United States Government Survey, lying northerly of the northerly boundary of Record of Survey Map No. 6420, filed in the office of the County Recorder of San Diego County, July 8, 1964. (82.92 acres MIL) ASSESSOR'S PARCEL BOOK 320 PAGE 031 PARCEL 6 The easterly 545.00 feet of that portion of the south half of the northwest quarter of Section 25, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway, county of San Diego, State of california, lying northerly of the southerly boundary of record of Survey Map No. 11169, filed in the office of the county Recorder of San Diego County, August 27, 1987. (16.63 acres MIL) Exhibit A utNt~AL AC~NUWLtUuMtNI * * * * * * * * * * * * * * * '"- * * * * * * * * * * * * * * * * ._~- * * * * * * *4><H> * * * * * * On this the day of 19 before me, * ) - * ) SS. * the udersigned Notary Public, personnally appeared * * t State of * * County of * * * * * * * * * * * * * * * * [] personally known to me [] proved to me on the basis be the person(s) whose name(s) the within instrument, and acknowledged executed it. WITNESS my hand and official seal. of satisfactory evidence subscribed that to * to * * * * * * * * * * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of * * County of * * * * * * * * * * * * * * ) ) SS. On this the _day of 19 before me, * * the udersigned Notary Public, personnally appeared * * * * * * * [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , * * * * * * * * CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of C-4'!'-u4'~,.JIA On this the (3Tiiay ) ) SS. * * * * * * * * * * * * * * * * * * * * * of '" - 'v-J ., 19 ZL, before me, * * County of~JI1,.J J/le6. * * the --- ~diJS... J. C~tf.j)vrl<-k. udersigned Notary Public, personnally appeared * * * * * * * * * * * * * * * * * ~ p"t.(.-J, /I1"'T7.. c'\'rl, ~personally known to me * OFFICIAL SEAL ROBERT J, CHADWICK Notary public-Callfornla SAN DIEGO COUNTY My COmm, exp. Feb. 24, 1992 [] proved to me on the basis of satisfactory evidence to * be the person(s) who executed the within instrument as * or on behalf of the corporation * therein named, and acknowledged to me that the corporation* executed it. * WITNESS my hand and * * * * * * * * * * * * * * * * * * * * * * * * Notary's S * * * * * * * * * * * * * * * * * * * * * * * * * * * * r l c _ 411 RESOLUTION NO. P-91-48R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 89-05 ASSESSOR'S PARCEL NUMBER 320-031-03, 04, 06 WHEREAS, Conditional Use Permit 89-05, submitted by CalMat, applicant, for the purpose of continuing and expanding the aggregate operation on the real property situated in the City of Poway, County of San Diego, State of California, described as a portion of the west half and a portion of the east half of the northeast quarter of Section 25, Township 14 South, Range 2 West, San Bernardino Meridian, regularly came before the City Council for public hearing and action on July 23, 1991; and WHEREAS, the Director of Planning Services has recommended approval of the conditional use permit subject to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council of the City of poway does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council found on August 7, 1990 that the proposed conditional use permit is a component of the CalMat-Poway proj ect for which a Final Subsequent Environmental Impact Report (SCH #89010025) for the subject project was reviewed and considered by the City Council and was certified as complete and adequate for the proposed conditional use permit by Council Resolution 90-163. The Final Subsequent EIR concluded that the project would result in unmitigated impacts that would warrant overriding considerations in the event of Council approval. Statement of Overridinq Considerations It was further found and determined pursuant to Sections 15092 and 15093 of the State CEQA Guidelines that the impacts on landform/aesthetics and biology are partially mitigated and that the remaining significant impacts on landform/aesthetics and biology are acceptable due to overriding considerations, in that the benefits of the project outweigh the remaining impacts. The facts supporting this finding are as follows: 1. The project implements the South poway Planned Community which preserves the existing extractive operation and contains provisions for expanding the extractive area and continuing the extractive activity. 2. The project will implement an environmentally sensitive reclamation plan that will prepare the site for ultimate -1./< R: '. / Resolution No. P-91-48R Page 2 open space and light industrial land uses consistent with the South poway Planned Community. 3. The project will construct an on-site access road which will divert project-related traffic away from Beeler Canyon Road and the adjacent residential neighborhood. 4. The project provides beneficial use of the underlying regionally significant MRZ-2 aggregate resource. Aggregate is an important resource to the community and region used in construction. In 1984, the City Council recognized the need to designate areas for construction aggregate to service future development in northern San Diego County over the next 50 years. 5. Allowing the continued extraction of aggregate at the CalMat-Poway site would reduce regional impacts to air quality, energy, traffic, utilities, and economics, resulting from the increased travel distance and cost should an alternate site be selected. L The project implements partial mitigation of the impact on a regionally significant mineral resource (aggregate) by the development of the South poway Industrial Park. 7. The project will maintain and generate long-term employment opportunities within the City of Poway. 6. 8. The project will generate fees, taxes and other recurring revenues which will exceed the cost of the City providing services to the project. Section 2: Findinqs: The City Council makes the following findings in regard to Conditional Use Permit 89-05. I. That the location, size, design, and operating characteristics of the proposed use will be conditioned to be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the conditions of approval and mitigation monitoring program will insure compatibility with the neighboring property owners. The conditional use permit implements the South poway planned Community which designates the site as an ongoing extractive operation with the potential for expansion. The ultimate land uses are designated as Open Space for the lower elevations of the site and Light Industrial for the upper elevations within the South poway Industrial Park. [ r [ 5. Resolution No. P-9l-48R Page 3 ~./ .) 2. That the harmony and scale, bulk, coverage, and density is consistent with adjacent uses in that the property represents 3.3 to 6.6 percent (83 to 166 acres) of the 2,500 acre planned community [which is designated as having regionally-significant mineral resources]. Existing landform and canyon floor vegetation shield most of the CalM at facility from surrounding properties other than the secluded General Dynamics facility to the south. 3. That there are adequate public facilities, services, and utilities available to the aggregate operation. Water conservation measures will be incorporated and reclaimed water utilized once it becomes available. 4. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the hours and mode of operation for the aggregate facilities are conditioned to minimize nuisances to the surrounding neighborhood. Reclamation including revegetation of reclaimed slopes is proposed to minimize visual impacts of the extractive process. That the generation of traffic will not adversely impact the surrounding roads and/or the City I s Circulation Element, in that the construction of the private access road will commence within 60 days of CUP approval and any other needed City approvals, and that the road will be completed and in service no later than 60 days after commencement of construction, after which time all truck and employee traffic will be diverted from Beeler Canyon Road and Creek Road. Improvement and repair of Creek Road between the northwest end of Beeler Canyon Road and pomerado Road is also required. 6. That the site is suitable for the type and intensity of use for development which is proposed, in that it has operated as an aggregate operation for the past 15 years, it was a recognized aggregate operation as part of the specific plan adopted in 1985 and conditions of approval/mitigation measures assure that the intensity of use is reasonably compatible with neighboring property uses. 7. That there will not be significant harmful effects upon environmental quality and natural resources, in that the continued aggregate operation would make use of natural resources for construction products and maintenance of existing public and private facilities; the environmental effects were extensively reviewed in the subsequent EIR F 9 . l ?./ ~ Resolution No. P-91-48R Page 4 and only two factors were found to be unmitigable, namely aesthetics/landform alteration and biological impacts. 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated beyond the two previously mentioned, as identified and discussed in the Final Subsequent Environmental Impact Report for the subject project, which was reviewed and considered by the City Council and was certified as complete and adequate for the proposed conditional use permit by Council Resolution No. 90-163, and that the use of the property for an aggregate operation is an appropriate use in that the property was designated in 1982 by the California Department of Conservation, State Mining and Geology Board, as an area of regionally significant resource, aggregate, and is designated in the South poway planned Community as an area of resource recovery (extraction). That the proposed use will not adversely affect the City of poway General Plan nor the South poway Specific plan for future as well as present development, in that the specific plan addressed the existence of the aggregate operation in 1985 and anticipated continued operation and potential expansion subj ect to a reclamation plan and conditional use permit. 10. This approval does not include the proposed asphaltic concrete plant. Any amendment of this CUP must comply with the South poway Specific Plan as it may be amended from time to time. Approval of any amendment of this CUP shall be at the discretion of the City Council. 11. The approval of this conditional use permit satisfies the mitigation measures of the 1985 EIR for the South poway planned Community. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 89-05, excluding the proposed asphalt concrete plant, for 166 acres which includes an 83 acre parcel (APN 320-031-03), a 66 acre parcel (APN 320-031-04) and a 17 acre parcel (APN 320-031-06), subject to the following conditions: 1. wi thin 30 days of approval: (1) The applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The revision to finding #IO shall apply to the Letter of Understanding of conditions and the Covenant on Real Property. F L ?./ .s Resolution No. P-9l-48R page 5 2. This approval is for the proposal submitted by CalMat and described in the Subsequent EIR, except without an asphalt concrete plant, which would allow continued operation within the existing boundaries of the 83 acre site (APN 320-031-03), expansion to the 66 acre parcel (APN 320-031-04) and construction of a portion of the access road on the 17 acre parcel to the west (APN 320-031-06). 3. The capacity of the sand and gravel plant is to be limited in size to a nominal processing capacity of 775,000 tons per year. Monitoring of the production rate shall occur to the satisfaction of the Director of Engineering Services. 4. The term of the permit is to be 40 years. 5. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days. Applicant shall pay, at the time of the development of its industrial lots, pro rata share of $67,463.20, adjusted per annum based upon Engineering News Record Index, toward the development of a five aCre park in the South poway planned Community. 7. Obtain building permits, as appropriately required, from the City of poway and comply with the regulations of the Industrial Safety Division of the occupational Safety and Health Administration for new or used plant facilities installed on the site. 6. 8. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: BIOLOGY 1. Conduct salvage operations for San Diego Barrel Cactus specimens identified by the springtime biological survey and transplant onto adjacent open space or other suitable locations within the open space areas of the South poway Specific Plan. Transplant some cactus specimens to the future reclaimed slopes as deemed appropriate by the project biologist in consultation with CalMat. 2. Protect the riparian scrub habitat located within the Beeler Creek floodplain [as identified in Appendix C of the Technical E F l ~I 6' Resolution No. P-9l-48R Page 6 Appendices to the certified Subsequent EIR] from operational encroachment by placement of a five-strand barbed wire fence or suitable alternative in that 0.2 acre area. Designate an open space easement over this habitat with wording to be approved by the Director of Planning Services and the City Attorney. If appropriate, submit a mitigation contingency plan within one year to address any inadvertent disturbance of the habitat. 3. Submit a Diegan Coastal Sage Scrub habitat restoration plan within one year. Long-term biological monitoring is required per the Subsequent EIR, including the preparation of status reports to be reviewed by the City on an annual basis for a minimum of 20 years and potential extensions at each five year review period. The plan is to be prepared by a qualified biologist working with a revegetation specialist or certified landscape architect. 4. Develop and submit wi thin one year, a habitat restoration and/or enhancement contingency program for on-site target areas sui table for the restoration of Southern California grassland. 5. Maintain 3.8 acres of viable Southern California Grassland and 43.1 acres of Diegan Coastal Sage Scrub on-site at all times during the life of the use permit. MITIGATION MONITORING Site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program contained within the Certified Final Subsequent Environmental Impact Report (CalMat-Poway - State Clearinghouse No. 89010025) on file in the Planning Services Department. Any additional costs for monitoring to be borne by the applicant shall be reviewed by the applicant prior to any authorization to perform services or works associated with such costs. RECLAMATION PLAN Commence implementation of the reclamation plan approved on August 7, 1990 in accordance with the conditions of Resolution 90-164 as amended by Resolution No. 91-078 approved on July 23, 1991. NOISE 1. Submit a dimensions road. detailed acoustical report to determine the of the acoustical barrier for the private access r l ~./ ;> Resolution No. P-9l-48R page 7 2. Turn off back-up alarms on loaders, dozers, water trucks and other mobile plant equipment during official hours of local sunset and sunrise hours and replace with flashing strobes. 3. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen). 4. All operations conducted on the premises, including the warming up, arrival, and departure of trucks and other vehicular equipment, shall be limited to the period between 6:00 a.m. and 6:00 p.m., Monday through Friday, 8:00 a.m. and 6:00 p.m. on Saturday, and no operations shall be conducted on the premises on Sundays. The hours of operation are suspended for emergency situations or in response to the needs of governmental agencies. Maintenance activities may continue until 9:00 p.m. on designated work days. 5. A paging system or approved alternative shall be used so as not to produce sounds audible beyond the boundaries of the premises. AIR QUALITY I. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate. 2. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed. 3. Wet sweeping shall be done on the private access road, as required, in order to remove the accumulation of spilled materials from the pavement. Reclaimed water shall be used for wet sweeping once available. 4. Frequent watering of on-site haul routes is required dust emissions from equipment moving on unpaved, surfaces in accordance with APCD requirements. 5. Plant fast-growing shrubs and trees along the west side of the private access road to act as a windbreak, confining dust and particulate matter to within the site. to limit in-plant 6 . Equipment to be used shall be as required by the Air Pollution Control District. 7 . All equipment and vehicular parking areas and roads shall be periodically treated, and at all times be maintained, so as to prevent dust production to the satisfaction of the Air F L ?./ 6' Resolution No. P-91-48R Page 8 Pollution Control Officer. 8. Immediately prior to removal from the premises, all aggregate materials capable of generating dust shall be surface watered in a manner approved by the Air pollution Control Officer. 9. All dust or other air pollution emissions at the screens, at material transfer points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant production which, in the opinion of the Air Pollution Control Officer, may develop or has developed. LANDSCAPING 1. Submit a detailed landscaping plan to the Director of Planning Services within one year showing the landscaping screen along the north and south property lines except at access openings and along the south one-half of both east and west property lines. The plan should also show the option of planting trees on the west side of the noise barrier to be constructed along the access road. 2. Landscaping shall be installed in accordance with an approved plan and landscaped areas shall be provided with an irrigation system (capable of conversion to reclaimed water) installed to provide water necessary to maintain the landscape screen. 3. All landscaped areas shall be maintained in a healthy and thriving condition at all. times. WATER AND WATER QUALITY 1. Provide copies to the Planning Services Department of the permit renewals for waste discharge requirements from the state Regional Water Quality Control Board. 2. No plumbing or other installation shall be made that could cause pollution of the potable water supply due to an open or cross connection or due to back siphonage. 3. Removal of emergent vegetation within the water-holding basins shall occur on an annual basis, Removal of vegetation within the Beeler Creek channel is limited to maintenance for flood control as approved by the Departments of Engineering and Planning Services. 4. Provide water conservation offset per Ordinance 336, as amended, in the event a larger water meter is necessary. F l Resolution No. P-9l-48R Page 9 ~/ .9 VISUAL I. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premises. 2. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from any other premises. REVIEW PERIODS AND COMPLIANCE I. Annual review of the conditional use permit and reclamation plan shall be conducted per Sections 17.48.140 and 16.51.090 of the Municipal Code in addition to mitigation monitoring and reporting. 2. This permit is subject to five year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in state, Federal, or local laws. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: ROADS AND TRAFFIC 1. Improve and repair Creek Road from Beeler Canyon Road to pomerado Road to a minimum paved width of 24 feet to the satisfaction of the City Engineer. 2. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. 3. The heavy truck traffic on Beeler Canyon Road and Creek Road is limited to 310 trips per day until the access road to Kirkham Way is completed. 4. Commence construction of the private access road from the plant site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no later than 60 days after commencement of construction, 5. Truck traffic is limited to 730 trips per day averaged over a monthly period for working days. Periodic "no-notice" truck counts will be conducted by the City. In addition, CalMat shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request. F l Resolution No. P-9l-48R Page 10 ?'2 () 6. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road. 7. The on-site access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requirements. 8. Construction of industrial buildings is prohibited on the future industrial lots to be created by the reclamation activity along the northerly line until mining and processing activities on the project site have been completed, or CalM at terminates operations under the permit. Any change from this condition would have to be specifically approved by the City Council. 9. CalMat shall not utilize tonnage capacity in excess of 350,000 tons per year until the completion of the westerly extension of the South poway Expressway to I-15. FLOODWAY 1. Future modifications to the Beeler Creek floodway shall be in accordance with the September 1987 report of Dr. Howard Chang which contained water surface profile calculations to determine the floodway, 100 year flood levels, velocities, and effect on neighboring properties. All permanent structures are to be constructed above the 100-year flood level. 2. The City of poway will vacate the existing flowage easements in favor of a new flowage easement to be dedicated by CalMat. New flowage easement is. to be defined in accordance with requirement set forth in Condition No. I directly preceding this condition. 3. Settling ponds shall be in conformance with the approved plot plan. 4. If necessary, obtain a streambed alteration permit from the California Department of Fish and Game before any work within the Beeler Creek channel. Coordinate this permit process with the Departments of Engineering and Planning Services. 5. If necessary, obtain a Section 404 permit from the Army Corps of Engineers for any work that would affect wetlands within or near Beeler Creek. Coordinate this permit process with the Departments of Engineering and Planning Services. r.".. '- ~ [ Resolution No. P-91-48R Page II ~1:? .{ WATER SUPPLY AND SEWAGE DISPOSAL 1. Water supply to be provided by the City of poway. Reclaimed water is to be used for wet aggregate processing and dust control once available. 2. Provide and/or maintain adequate supply of water approved by the Air Pollution Control Officer and the City of poway to meet the dust and air pollution control requirements. 3. Provide and/or maintain facilities on the premises which are approved by the Health Officer of the County of San Diego as follows: Proper sanitary facilities including toilet, handwashing, and sewage disposal facilities for employees working on the premises. These facilities shall be installed in conformance with the applicable laws. GRADING AND STOCKPILING. Obtain a grading permit from the Engineering Services Department pursuant to Chapter 16.44 of the Municipal Code prior to construction of the private access road, where permanent near Kirkham Way (100 feet from centerline), and floodway improvements. 2. Top of excavation shall be no closer than 50 feet to the edge of the exterior property lines as shown on the approved site plan. 1. There shall be no blasting, and explosives, on the premises without by the City of Poway. 4. No slope shall be established having a grade steeper than 2:1 except that temporary vertical cuts in increments of 100 feet are permitted. 3. no storage or use of a blasting permit issued APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedicate and improve the trail connection along the north side of Beeler Canyon Road per the Master Plan of Trails. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. A five strand, five foot high barbed wire fence shall be maintained surrounding the plant site and active extraction area, with the Kirkham Way access road provided with a P. ~ "'""" t Resolution No. P-9l-4BR Page 12 ~-2-2 lockable gate or alternative suitable to the Director of Safety Services. 2. The Beeler Canyon Road access shall be secured by lockable gate or alternative suitable to the Director of Safety Services upon completion of the private access road from Kirkham Way. 3. Submit a business plan including a spill prevention control and countermeasure plan to the County Health Department for fuels and other hazardous materials kept on the site. 4. The addition of a temporary on-site water storage tank is required until a water line of sufficient size is available to provide adequate flow for a fire hydrant. The location and size of the water storage tank and future hydrant shall be determined by the City Fire Marshal. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 20th day of August, 1991.~ " ATTEST: {/~ l Jan Goldsmith, Mayor ..~ ~r~ W~l?~~ U Clerk r'.- .. """ l STATE OF CALIFORNIA COUNTY OF SAN DIEGO Resolution No. P-9l-48R page 13 55. I, Marjorie K. wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-9l-48R ,was duly adopted by the City Council at a meeting of said City Council held on the 20th day of _ Auqust ,1991, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE 'rn~ 1< /V~--t:y Marjor~e_~. wahlsten, City Clerk City o!~way 1<J