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
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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
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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,
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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
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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
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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.
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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.
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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