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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