Item 7 - CUP 22-0005, a Request to modify a CUP for Granite Construction's aggregate operation located at 10975 Beeler Canyon RoadApril 4, 2023, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway April 4, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Servicesp!l Austin Silva, Senior Planner .,p.{ 858-668-4658 or asilva@poway.org CITY COUNCIL Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite Construction's aggregate operation located at 10975 Beeler Canyon Road and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025) for the project Granite Construction is requesting to modify a Conditional Use Permit (CUP) for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the conclusion of mining and processing activities or operations. They are also requesting to revise future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated as Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area. This item was continued from the March 21, 2023 City Council agenda and the public hearing is still open. Recommended Action: It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-0005 for the modification of CUP 19-009 and its Reclamation Plan and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025). Discussion: Granite Construction is the applicant and there are two property owners with the three parcels that are currently associated with CUP for Granite Construction's aggregate operation. The two westerly parcels, APN 320-031-06 and 320-031-03 are owned by Clerco, Inc. (Clerco Parcels). The easterly parcel, APN 320-031-04, is owned by Calmat Co. (Calmat Parcel). The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on properties designated as MRE in the South Poway Specific Plan (Attachment B). Surrounding land uses include industrial development, open space, and single-family residences to the west, industrial development to the north, an apprenticeship training center and open space to the east, and single-family residences and open space in the City of San Diego to the south across Beeler Canyon Road. 1 of 28
April 4, 2023, Item #7Aggregate extraction and processing activity was conducted by Padre Transit Mix at the Mining Site starting in 1975 under a permit issued by the County of San Diego prior to the City of Poway's incorporation. Padre Transit Mix was acquired by Cal Mat Co. in 1989. The City took responsibility of administering the mining extraction permit after incorporation. The original mining operation was located on the central parcel which is in the easterly property of the Clerco Parcels (82.93-acre parcel). In 1986, Cal Mat purchased the Calmat Parcel (65.92-acre property), which was included in the current CUP for the mining operation. In 1987, Clerco purchased the westerly approximate 17-acre property (APN 320-031-06) of the Clerco Parcels to allow for a private access road from the Mining Site to Kirkham Way. In August 1991, the City Council adopted Resolution No. P-91-48R (Attachment C) approving CUP89-05 for the continuation and expansion of the aggregate operation. Granite Construction took over operation of the Mining Site in February 2020 with approval of CUP19-009. CUP19-009 was approved administratively as a minor modification to CUP89-05 to memorialize the change in the mine operator. Rather than mining, Granite Construction primarily uses the site to recycle broken concrete and asphalt into useful construction materials. The SPSP, adopted in 1985, identified the mining operation as ongoing and allowed it to continue by renewing the County's permit as a CUP from the City of Poway and approval of a Reclamation Plan. The Reclamation Plan is required by California's Surface Mining and Reclamation Act of 1975 to ensure that "adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses." Chapter 16.54.080(8) of the Poway Municipal Code (PMC) also states that the Reclamation Plan and potential use of reclaimed land pursuant to the plan are to be consistent with the General Plan and any applicable specific plans, resource plan, or element. The PMC also requires that reclamation activities begin as early as possible on those portions of the mined lands that will not be subject to further disturbance. Reclamation at this Mining Site may be done on an annual basis, in stages with continuing operations, or upon completion of all excavation, removal, or fill, as approved by the City. The Reclamation Plan indicates that two industrial pads will be constructed totaling approximately 15 acres over the easterly Clerco Parcel and the Calmat Parcel along the south side of Kirkham Way at the northerly portion of the Mining Site (Attachment D). After reclamation of the Mining Site, 154 acres will be redesignated from MRE to Natural OS. A biological conservation easement (BCE) with appropriate signage will also be required over the Natural OS areas. The remaining 15 acres where the industrial pads will be located will be redesignated to Light Industrial (LI). In 2022, Granite Construction commenced reclamation activities at the Mining Site by beginning restoration of the Central Reach of Beeler Creek, which includes 894 linear feet that have been impacted by mining activities. Granite Construction has obtained the appropriate permits from the Regional Water Quality Control Board, California Fish and Wildlife, and United States Army Corps of Engineers to move forward with the creek restoration. Restoration of this segment of Beeler Creek is expected to be completed in 2023. The applicant is requesting to modify CUP19-009 and the Reclamation Plan to reconfigure the two industrial building pads to be entirely on the Clerco Parcels as conceptually shown in the conceptual industrial pad reconfiguration exhibit (Attachment E). This would result in no industrial pad being constructed on the Cal Mat parcel and the Cal Mat parcel would remain undisturbed. The reconfigured 10-acre industrial pad on the Clerco property would be supported by manufactured slopes over 30-feet tall. A second 5-acre industrial pad will be located to the west of the access road, along Kirkham Way, consistent with the existing CUP. 2 of 28
April 4, 2023, Item #7Granite Construction is requesting to remove condition number eight (8) under the Roads and Traffic section of City Council Resolution No. P-91-48R. The resolution states that any change to this condition specifically requires approval by the City Council. The condition states that "construction of industrial buildings is prohibited on the future industrial lots to be created by reclamation activity along the northerly property line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit." Staff is supportive of removing this condition because Granite Construction has been making progress towards the reclamation and restoration of the site as described earlier in this report. Additional conditions from City Council Resolution No. P-91-48R that have already been satisfied will also be removed; all ongoing operational conditions will remain. A Specific Plan Amendment (SPA) has been submitted to change the land use for the industrial pad locations from Mineral Resource Extraction to Light Industrial, along with a Development Review (DR) application to construct a battery storage facility on the newly reconfigured easterly pad. The SPA and DR will be heard by the City Council separately from this CUP at a later date. Environmental Review: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the Cal Mat-Poway project. The proposed CUP modification does not create any new impacts, nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. Fiscal Impact: No impact. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on March 9, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Resolution No. P-91-48R D. Current Industrial Pad Configuration Site Plan E. Proposed Site Plan 3 of28
April 4, 2023, Item #7Reviewed/Approved By: Wendy I< erman Assistant City Manager 4 of 28 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch&t!!b City Manager
April 4, 2023, Item #7RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-0005 FOR GRANITE CONSTRUCTION'S AGGREGATE OPERATION TO REVISE FUTURE INDUSTRIAL BUILDING PAD LOCATIONS. ASSESSOR PARCEL NUMBERS: 320-031-06, 320-031-03, and 320-031-04 WHEREAS, Conditional Use Permit (CUP) 22-0005, submitted by Granite Construction, applicant, is a request to modify a CUP for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the completion of mining and processing activities or operations under the CUP have been terminated, and revising future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated at Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area; WHEREAS, on August 7, 1990, the City Council adopted Resolution No. 90-164 approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road; WHEREAS, on August 14, 1990, a petition for a rehearing was brought before the City Council; ' WHEREAS, on August 14, 28, September 18 and October 2, 1990, the City Council reviewed the petition for a rehearing; WHEREAS, on October 2, 1990, the City Council found that there was new and different evidence that was not available at the previous hearing on August, 7, 1990; WHEREAS, on August 20, 1991, the City Council adopted Resolution No. P-91-48R approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road; WHERAS, on February 20, 2020, the Director of Development Services approved CUP 19-009, allowing the aggregate facility operator to change from Vulcan Materials to Granite Construction; WHEREAS, on April 4, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against relative to this application; WHEREAS, Section 17.48.070 of the of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and WHEREAS, the City Council has read and considered the agenda report for the proposed CUP request and has considered other evidence presented at the public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 5 of 28 ATTACHMENT A
April 4, 2023, Item #7Resolution No. 23-Page 2 SECTION 1: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the CalMat-Poway project. The proposed CUP modification is consistent with CUP 89-05 and does not create any new impacts nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. SECTION 2: The findings made in Resolution No. P-91-48R for CUP 89-05 remain applicable. SECTION 3: The City Council hereby approves CUP22-0005 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 4, 2023 on file in the Development Services Department, except as noted herein, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with reasonable use and enjoyment of surrounding uses. This CUP approval allows for continued operation of the proposal submitted by CalMat for CUP 89-05 and described the Final Subsequent EIR, except without an asphalt concrete plant. E. The capacity of the sand and gravel plant is to be limited in size to a nominal processing 6 of 28
April 4, 2023, Item #7Resolution No. 23-Page 3 capacity of 775,000 tons per year. Monitoring of the production rate shall occue to the satisfaction of the City Engineer. F. The CUP shall expire on August 20, 2031. G. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days. H. 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, toward the development of a five-acre park in the South Poway Planned Community. I. 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. J. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices. K. The following conditions shall be met to the satisfaction of the Planning Division: 7 of28 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 on consultation with the applicant. 2. Protect the riparian scrub habitat located within the Beeler Creek floodplain (as identified in Appendix C of the Technical 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. 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. Maintain 3.8 acres of viable Southern California Grassland and 43.1 acres of Diegan Coastal Sage Scrub onsite at all times during the life of the permit. Prior to commencement of grading for the industrial pads, the applicant shall demonstrate compliance with this requirement on a habitat vegetation map prepared by a qualified biologist. Mitigation Monitoring The site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program
April 4, 2023, Item #78 of 28 Resolution No. 23-Page 4 contained within the Certified Final Subsequent EIR (CalMat-Poway -SCH 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. 5. The following conditions related to noise shall be adhered to: a. 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. b. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen). c. All operation 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 government agencies. Maintenance activities may continue until 9:00 p.m. on designated work days. d. A paging system or approved alternative shall be uses so as not to produce sounds audible beyond the boundaries of the premises. 6. The following conditions related to air quality shall be adhered to: a. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate. b. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed. c. 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. d. Frequent watering of onsite haul routes is required to limit dust emissions from equipment moving on unpaved, in-plant surfaces in accordance with APCD requirements. e. Plan 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. f. Equipment to be used shall be as required by the Air Pollution Control District. g. 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 Pollution Control Officer. h. 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. i. All dust or other air pollution emissions at the screens, at material transfer
April 4, 2023, Item #7Resolution No. 23-Page 5 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 productions which, in the opinion of the Air Pollution Control Officer, may develop or has developed. 7. The following conditions related to landscaping shall be adhered to: a. 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 screens along the north and south property lines. b. All landscaped areas shall be maintained in a healthy and thriving condition at all times. 7. The following conditions related to water and water quality shall be adhered to: a. Provide copies to the Planning Division of the permit renewals for was discharge requirements from the State Regional Water Quality Control Board. b. 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. c. 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. d. Provide water conservation offset per Ordinance 335, as amended, in the event a larger water meter is necessary. 8. The following conditions related to visual impacts shall be adhered to: a. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premised. b. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from other premises. 9. The following conditions related to review periods and compliance shall be adhered to: a. Annual review of the conditional use permit and reclamation plan shall be conducted per Section 17.48.140 and 16.51.090 of the PMC in addition to mitigation monitoring and reporting. b. 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. L. The following conditions shall be met to the satisfaction of the Engineering Division: 9 of28 1. Water Quality Control -Construction Storm Water Management Compliance The project proposes to disturb an area greater than 1 acre, therefore proof of coverage under the General Permit for Discharges of Storm Water Associated with
April 4, 2023, Item #710 of 28 Resolution No. 23-Page 6 Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 2. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 3. All utility service is required to be installed underground. No overhead service will be permitted. 4. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 5. The following conditions related to roads and traffic shall be adhered to: a. 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. b. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. c. 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. d. Commence construction of the private access road from the plan 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 than 60 days after the commencement of construction. e. Truck traffic is limited to 730 trips per days averaged over a monthly period for working days. Periodic "no-notice" truck counts will be conducted by the City. In addition, the applicant 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. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road. g. The onsite access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requirements. h. 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 CalMat terminates operations under the permit. Any changes from this condition would have to be specifically approved by the City Council. 6. The following conditions related to floodway shall be adhered to: a. Settling ponds shall be in conformance with the approved plot plan. b. 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 Engineering and Planning Divisions. c. 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 Engineering and Planning Divisions.
April 4, 2023, Item #7Resolution No. 23-Page 7 7. The following conditions related to water supply and sewage disposal shall be adhered to: a. 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. b. 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. c. 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. 8. The following conditions related to grading and stockpiling shall be adhered to: a. 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. b. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued by the City of Poway. c. No slope shall be established having a grade steeper than 2: 1, except that temporary vertical cuts in increments of 100 feet are permitted. M. The following conditions shall be met to the satisfaction of the Fire Department: 11 of 28 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 lockable gate or alternative suitable to the Fire Department. 2. The Beeler Canyon Road access shall be secured by a lockable gate or alternative suitable to the Fire Department. 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 onsite 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. 5. This project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed width and minimum 13'6" vertical clearance, with turning radius of not less than 28-feet, and capable of supporting the imposed loads of fire apparatus not less than 75,000 pounds. 6. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12-percent.
April 4, 2023, Item #7Resolution No. 23-Page 8 7. All dead-end fire access roadways greater 150-feet in length shall be provided with approved fire apparatus turn around. 8. The gradient for a fire apparatus access roadways shall not exceed 20 percent. Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel. 9. Fire apparatus access roadways shall extend to within 150 feet of all portions of the exterior walls of structures as measured by an approved route around the exterior of the building. 10. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City. 11. The approved fire apparatus access roadways, either temporary or permanent, shall be made available as soon as combustible material arrives on site. SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April, 2023 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 12 of 28
April 4, 2023, Item #7Subject Location: 320-031-06 13 of 28 • NORTH t Location: City of Poway Zoning I Location Map Item: CUP22-0005 0 500 P--ir=eet ATTACHMENT B San Diego ubject
April 4, 2023, Item #7RESOLUTION 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 I THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Section 1: Environmental Findings: 14 of 28 The City Council found on August 7, 1990 that the proposed conditional use permit is a component of the CalMat-Poway project for which a Final Subsequent Environmental Impact Report (SCH 189010025) 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 90-16 3. 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 Overriding Considerations rt 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. 2. 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. The project will implement an environmentally sensitive reclamation plan that will prepare the site for ultimate ATTACHMENT C
April 4, 2023, Item #715 of28 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. s. 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. 6. 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. 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: Findings: The City Council makes the following findings in regard to Conditional Use Permit 89-05. 1. 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 extract! ve 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.
April 4, 2023, Item #716 of 28 Resolution No. P-91-48R 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 CalMat 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. s. That the generation of traffic will not adversely impact the surrounding roads and/or the City'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
April 4, 2023, Item #717 of 28 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). 9. 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 subject to a reclamation plan and conditional use permit. 10. This approval does not include the proposed asphal tic 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 . Within 3 O 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 #10 shall apply to the Letter of Understanding of conditions and the Covenant on Real Property.
April 4, 2023, Item #7Resolution No. P-91-48R 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. 6. 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. a. 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 18 of 28
April 4, 2023, Item #7Resolution 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 within one year, a habitat restoration and/or enhancement contingency program for on-site target areas suitable 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 detailed acoustical report to determine the dimensions of the acoustical barrier for the private access road. 19 of 28
April 4, 2023, Item #7Resolution No. P-91-48R 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. s. A paging system or approved alternative shall be used so as not to produce sounds audible beyond the boundaries of the premises. AIR QUALITY l. 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 to limit dust emissions from equipment moving on unpaved, in-plant 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. 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 20 of 28
April 4, 2023, Item #7Pollution Control Officer. Resolution No. P-91-48R Page 8 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 heal thy 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. 21 of 28
April 4, 2023, Item #7VISUAL Resolution No. P-91-48R Page 9 1. 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 1. 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. 22 of28
April 4, 2023, Item #7Resolution No. P-91-48R Page 10 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 Heal th 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 CalMat 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 flow age easement is to be defined in accordance with requirement set forth in Condition No. 1 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. s. 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. 23 of 28
April 4, 2023, Item #7WATER SUPPLY AND SEWAGE DISPOSAL Resolution No. P-91-48R Page 11 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 1. 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. 3. There shall be no blasting, and no storage or use of explosives, on the premises without a blasting permit issued 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. 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 24 of 28
April 4, 2023, Item #7Resolution No. P-91-48R Page 12 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: Clerk 25 of 28
April 4, 2023, Item #7STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. P-91-48R Page 13 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-91-48R , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of __ August , 1991, and that it was so adopted by the following vote: 26 of 28 AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE . wahlsten, City Clerk way
April 4, 2023, Item #7'·--:· .:: :; ' . •-27 of 28 'iZ FJOWAY PLANT r+lll I ~Ill RECLAMATION PLAN FINAL LAND FORM CALMAT CO. P.O. BOX 3098 SAN DIEGO, CALIFORNIA 92103 ENGINEERS NAME: BEMENT DAINWOOD STURGEON 6859 FEDERAL BOULEVARD LEMON GROVE, CA 92045 ATTACHMENT D "Tl _j-mE ~-19-87 'NT J-ll-88 A~ENT N 'Mfi, ROBERT IMLER CALMAT CO. AOOREss: P.O. BOX 579 POWAY , CA. 92064 11.12, 'J'.IR
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