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Res 23-011RESOLUTION NO. 23-011 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; WHEREAS, 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: SECTION 1: A Final Subsequent Environmental Impact Report (EIR) was prepared Resolution No. 23-011 Page 2 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 capacity of 775,000 tons per year. Monitoring of the production rate shall occue to the Resolution No. 23-011 Page 3 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. 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. 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: 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 Monitorinq The 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 EIR (CalMat-Poway — SCH No, Resolution No. 23-011 Page 4 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 points, or at any equipment, during any phase of the operation, shall be Resolution No. 23-011 Page 5 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. 8. 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. 9. 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. 10. 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: 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 Construction Activity shall be provided to the City along with a copy of the Storm Resolution No. 23-011 Page 6 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. Resolution No. 23-011 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: 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. Resolution No. 23-011 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 4`h day of April, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED PEPIN, FRANK, DE HOFF, LEONARD, VAUS NONE NONE NONE NONE Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City CI rk