Res 91-078RESOLUTION NO. 91-.078
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING RESOLUTION NO. 90-164 AND
APPROVING RECLAMATION PLAN 89-05 FOR CALMAT-P0WAY
ASSESSOR'S PARCEL NUMBER 320-031-03, 04, 06
WHEREAS, Chapter 16.51 (Surface Mining and Reclamation) of the
Poway Municipal Code provides for the preparation and adoption of
reclamation plans in accordance with the Surface Mining and
Reclamation Act of 1975, as amended; and
WHEREAS, the South Poway Planned Community contains references
to a reclamation plan for the project site; and
WHEREAS, the City of Poway received a proposed reclamation
plan for the CalMat-Poway property concerning approximately 166
gross acres of land located on the north side of Beeler Canyon Road
and south of Kirkham Way, and owned by CalMat, applicant; and
WHEREAS, the subject project applications consist of
Reclamation Plan 89-05 and companion Conditional Use Permit
application 89-05 concerning the continued operation and expansion
of the aggregate operation; and
WHEREAS, Reclamation Plan 89-05 is contained within the
document entitled CalMat-Poway Reclamation Plan 1990, dated August
1990; and
WHEREAS, the Subsequent EIR recommended revisions to the
reclamation plan so that it is more environmentally sensitive; and
WHEREAS, the subject property consists of Assessor's Parcel
Numbers 320-031-03, 04, and 06; and
WHEREAS, the City of Poway as Lead Agency caused the
preparation of a draft subsequent EIR (South Poway Planned
Community: CalMat-Poway SCH #89010025) for the project
applications, completed the environmental document and circulated
the draft subsequent EIR for a 30 day public review period from May
2 to June 1, 1990; and
WHEREAS, pursuant to enacted State legislation (AB 3180) a
mitigation monitoring/reporting program has been prepared to ensure
the successful implementation of all mitigation measures identified
in the final subsequent EIR, and said program is contained in the
final subsequent EIR; and
WHEREAS, the City Council held properly noticed public
hearings on June 19, and August 7, 1990 to consider the subject
final environmental impact report including the responses to public
comments, the mitigation monitoring/reporting program, the
candidate written findings for identified significant effects and
also considered the aforementioned reclamation plan and conditional
use permit applications in accordance with the Surface Mining and
Reclamation Act, the California Government Code and the California
Environmental Quality Act; and
Resolution No. 91-078
Page 2
WHEREAS, following the closing of said public hearing on
August 7, 1990, the City of Poway as Lead Agency and
decision-maker, adopted a resolution certifying the final
subsequent EIR as complete and adequate for the project
applications; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does
hereby approve the CalMat-Poway Reclamation Plan 89-05 subject to
all of the following:
City Council Decision:
The City Council hereby approves Reclamation Plan 89-05 for
166 acres which includes an 83 acre parcel identified as APN
320-031-03, a 66 acre parcel identified as APN 320-031-04 and
a 17 acre parcel identified as APN 320-031-06 and subject to
the following conditions:
Within 30 days of approval the applicant shall submit in
writing that all conditions of approval have been read and
understood.
APPLICANT SHALL CONTACT THE DEPART~RNT OF PLANNING
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SERVICES
Revise the reclamation plan to clearly show the phasing as
recommended by the Division of Mines and Geology.
Provide a salvage plan for the top few inches of the soils
currently on the site to facilitate revegetation with native
plant species.
The Planning Services Department shall forward a copy of the
approved reclamation plan and City Council resolution issued
by the City of Poway, as Lead Agency under the Surface Mining
and Reclamation Act (SMARA), to the State Geologist within
five days of conditional approval. The approved document will
be placed in Mine Reclamation Program files pursuant to SMARA.
A Habitat Restoration Plan is to be prepared by a qualified
biologist, working in concert with a revegetation specialist
or certified landscape architect.
Upon completion of final reclaimed slopes, monitor the site
annually, in consultation with a qualified biologist, working
in concert with a revegetation specialist or certified
landscape architect, to ensure on-going revegetation and
reclamation in conformance with the approved reclamation plan.
Site shall be developed in compliance with the applicable
environmental impact mitigation measures identified and the
Resolution No.91-078
Page 3
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 shall be borne by the applicant.
APPLICANT SHALL CONTACT THE DEPART~.NT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Post bond or other security instrument in a form satisfactory
to the City Attorney (Chapter 16.51.060) with the Engineering
Services Department in the minimum amount of $50,000 or other
amount documented by the Engineering Services Department to
ensure the reclamation of the existing excavated area. The
amount of the bond or other security instrument shall be
reviewed annually and adjusted as necessary.
Comply with all provisions of Chapter 16.51 (Surface Mining
and Reclamation) of the Poway Municipal Code.
Comply with the Surface Mining and Reclamation Act (SMARA),
Sections 2710 et seq. of the Public Resources Code as amended,
including the filing of the Mining Operation Annual Report
with the California Department of Conservation, Office of Mine
Reporting and Reclamation Compliance Unit.
Prior to reaching final slope cuts or the placement of fill in
any given location, site specific geologic conditions are to
be evaluated by an engineering geologist to identify any
future conditions such as adverse bedding attitudes, fracture,
or shear zones, old faults, water seeps, etc., that may impact
long-term slope stability. Appropriate design mitigation
measures, such as placement of benches at regular intervals,
will then be implemented to ensure stable reclaimed slopes.
A soils engineer or engineering geologist shall certify the
placement and compaction of all permanent fill material/fill
slopes. Fill slopes shall be keyed into stable areas of the
natural underlying slope where appropriate.
APPROVED and ADOPTED by the City Council of th
State of California, this 23rd day of July, 1991.
ATTEST:
wahlsten, Clerk
Marjo~K. City
e City of Poway,
ith, Mayor
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. 91-078
Page 4
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. 91-078 , was duly adopted by the City Council
at a meeting of said City Council held on the 23rd day of__
July , 1991, and that it was so adopted by the following
vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
Marjor~e~K. Wahlsten, City Clerk
City o~oway