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Res 91-115RESOLUTION NO. 91-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING AN AMENDMENT TO THE SOUTH POWAY SPECIFIC PLAN SPA 84-01 "O" WHEREAS, the City Council periodically finds it necessary to amend the South Poway Specific Plan; and WHEREAS, on July 30, 1985 the City Council adopted a resolution approving the South Poway Planned Community (SPPC) Development Plan, and said plan has been prepared and adopted as a Specific Plan, and provides for the systematic implementation of the Poway General Plan; and WHEREAS, Ordinance No. 239 established Specific Plan regulations including implementation procedures; and WHEREAS, on July 26, 1988, the City Council adopted a resolution revising the amendment process for the South Poway Planned Community Development Plan to allow the Specific Plan Amendment procedures for the City of Poway (Chapter 17.47 zoning Development Code); and WHEREAS, in accordance with Section 17.47.020.B, the proposed amendment to the Specific Plan was requested and initiated by Resolution No. 91-094 adopted August 20, 1991 by the City Council; and WHEREAS, the City proposes to prohibit permanent asphalt batch plants within the specific plan project area; and WHEREAS, the City of Poway held a properly noticed public hearing in accordance with the California Government Code and the California Environmental Quality Act to consider the amendment; and WHEREAS, the City Council finds that the previously certified EIR of 1985 for the SPPC and the 1990 Subsequent EIR for the SPPC: CalMat-Poway adequately address the environmental issues associated with the amendment to prohibit permanent asphalt batch plants. NOW, THEREFORE, be it resolved that the City Council does hereby amend the South Poway Specific Plan as follows: Volume 1, Page 149, Paraqraph 2: A larger or permanent batch plant may not be constructed within the specific plan area. Processed material from any other batch plant may not be delivered to the specific plan project area or elsewhere within the corporate limits of the City of Poway for resale. Transport and use of processed Resolution No. 91-115 Page 2 material from any other batch plant is allowed for development, maintenance, and reconstruction anywhere within the City. If a temporary asphalt batch plant is constructed within the specific plan project area, the processed material may be sold commercially for use solely within the specific plan project area or for portions of the South Poway Expressway extending west and east from the city limits. All materials used in such a batch plant are considered to be the by-products of grading and will not be "mined" materials unless permission is granted by the City Council through approval of a conditional use permit and reclamation plan. All activities related to use of a temporary asphalt batch plant will be subject to all required permits and approvals. Volume 2, Page 56: E.2.a.6 IP LI Asphaltic concrete batch plants (except as temporary uses as described in volume 1 and in E.2.a.5 above) X X APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th da~ of October, 1991. ATTEST: ~ Marjori~. Wahlsten, City Clerk Resolution No. 91-115 Page 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 91-115 , was duly adopted by the City Council at a meeting of said City Council held on the 8th day of __ 0ct0ber , 1991, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, MCINTYRE, SNESKO, GOLDSMITH NONE NONE HIGGINSON MarjorieiK. Wahlsten, City Clerk City of~ poway REPORT\4SPA84010 .RES