Res P-90-55RESOLUTION NO. P-90-55
F ' CIT 0 CI
F H TY 0 P Y, C L F NI
APP OV N NDIT ON USE E M 8 -0§
ASSESS R' A EL N MB 320- 3 - , 4, 06
WHEREAS, Conditional Use Permit 89-05, submitted by CalMat, applicant, for
the purpose of continuing the aggregate operation on the real property situated
in he City of Poway, Count
pot ion of he west half an
of ection 5, Township 14
lar y came efore the City
and August , 1990; and
WHEREAS, the Director of Planning Services has recon~nended approval of the
conditional use permit subject to all conditions set forth in the Planning
Services Department report; and
of San Diego, State of California, described as a
a portion of the east half of the quarter
outh, Range 2 West, San Bernardino Meridian, regu-
ouncil for public hearings and action on June lg,
WHEREAS, the City Council has read and considered said report and has con-
sidered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1: Environmenta :
The City Council finds that the p oposed ondittonal us permit is a com-
ponent of the CalMat-Poway projec for wh ch a Final Su sequent
Environmental Im act Report {SCH 8901002 ) for the sub ect proj ct was
reviewed and con idered by the C y Counc 1 on June 19 nd Augus 7, 1990
and was certifie as complete an ad quate for the proposed cond tional use
permit by Counci resolution. T e f hal Subsequent EIR conclude that the
project would result in unmitiga ed mpacts that would warrant overriding
considerations in the event of Counc 1 approval.
Statement of Ove
Considerations
It is further f un and detemined pursuant to Sections 15092 and 15093 of
the State CEQA ui lines that the impacts on landform/aesthetics and
biology are par ia y mitigated and that the remaining significant impacts
on landform/aes he cs and biology are acceptable due to overriding con-
siderations, in tha the benefits of the project outweigh the remaining
impacts. The facts supporting this finding are as follows:
The project implements the South Poway Planned Community which pre-
serves the existing extractive operation and contains provisions for
expanding the extractive area and continuing the extractive activity.
The project will implement an tally reclamation
plan that will prepare the site for ultimate open space and light
industrial land uses consistent with the South Poway Planned Community.
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The project will construct an on-site access road which will divert
project-related traffic away from Beeler Canyon Road and the adjacent
neighborhood.
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he project provtdes beneflclal use of the underlying regionally stgnl-
1cant HRZ-2 aggregate Aggregate Is an Important resource to
he community and regton used In construction, tn [984 the Clty
ouncll recognlzed the need to designate areas for construction aggre-
gate to servtce future development In northern San Diego County over
the next 50 years.
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Allowing the con lnued extr ctlon of agg egate at the CalMat-Poway site
woutd reduce reg onal lmpac s to att qua lty, energy, traffic, utili-
ties, and econom cs, result ng from the ncreased travel dtstance and
cost should an a ternate si e be selecte .
The project partial mitigation of the impact on a regionally
significant mineral resource {aggregate) by the development of the
South Poway Industrial Park.
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The project will maintain and generate long-term employment oppor-
tunities within the City of Poway.
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The project will generate fees, taxes and other recurring revenues
which will exceed the cost of the City providing services to the
project.
The City Council makes the following findings in regard to Conditional Use
Permit 89-05.
That the location, size, design, and operating characteristics of the
ro osed use will be conditioned to be compatible with and will not
dv rsely affect or be materially detrimental to adjacent uses, resi-
en s, bu ldings, structures, or natural in that the con-
it OhS o approval and mitigation monttorin program ill ins,re
compatibl ity with the neighboring property wners, e condi ional
use permi implements the South Poway Planne Communi which esigna-
res the s te as an ongoing extractive operat on with e poten ial for
expansion. The ultimate land uses are designated as pen Space for the
lower elevations of the site and Light Industrial for the upper eleva-
tions within the South Poway Industrial Park.
That the harmony and scale, bulk, coverage, and density is
with adjacent uses in that the property represents 3.3 to 6.6 percent
(83 to 166 acres) of the 2,500 acre planned community which is
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esl ate as having reglonally-signlflcant mineral
xls ng andform and canyon floor vegetatlon shield most of the CalMat
act ty rom ) properties other than the General Dynamics
aci ty o the south.
That there are available public facilities, services, and utilities to
the aggregate operation. Water conservation measures will be incor-
porated and reclaimed water utilized once it becomes available.
That there will not be harmful effect upon desirable ne ghborhood
Ics, in tha the hours and mode of operation or the aggre-
gate fac lities are con itioned to minimize nuisances to he
surround ng neighborhoo . Reclamation including revegeta ion of
reclaime slopes is proposed to minimize visual impacts o the extrac-
tive process.
This approval does not include the proposed asphaltic concrete plant.
The applicant may request modification of the conditional use permit
for that purpose at a later date.
That the generation of traffic will not adversel
surrounding roads and/or the City's Circ'lation
private access road will be constructed o diver
from Beeler Canyon Road and Creek Road a ong wit
roads from the project site to Pomerado oad.
impact the
lement, in that the
all truck traffic
upgrading of the two
That the site is suitable for the type and inten ity of use for devel-
opment which is roposed, in that it has operate as an aggregate
operation for th past 15 years, it was a recogn zed aggregate opera-
tion as part of he specific plan adopted in 198 and conditions of
approval/mitigat on measures assure that the intensity of use is rea-
sonably compatib e with neighboring property uses.
That there will not be significant harmful effects upon environmental
quality and natural in that the continued aggregate opera-
tion would make use of natural for constructio products and
maintenance of existing public and private facilities; t e environmen-
tal effects were extensively reviewed in the subsequent IR and only
two factors were found to be unmitigable, namely aesthet cs/landform
alteration and biological impacts.
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated beyond the two previously mentioned, in that
the use of the property for an aggregate operation is an appropriate
use.
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That the proposed use will ot advers ly affect the Clty of Poway
General Plan nor the South oway Spec fic Plan for future as well as
present in tha the spec fic plan the
of the aggregate operation n 1985 an anticipated operation
and potential expansion sub ect to a reclamation plan and conditional
use permit.
Sectl :il
The City Council hereby approves Conditional Use Permit 89-05 for the 83
acre parcel (APN 320-031-03), the southerly 13.5 acres of the 66 acre parcel
(APN 320-031-04) and a portion of the 17 acre parcel (APN 320-031-06) and
subject to the following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the prop-
erty owner shall execute a Covenant on Real Property.
This appr va1 is for the llmite scale alternative described in the
Subsequen EIR, as modified, wh ch would llow continue op ration within
the exist ng boundaries of the 3 acre si e {APN 320-03 -03 , the southerly
portion o the 66 acre parcel ( PN 320-03 -04) and cons ruc ion of a portion
of the access road on the 17 acre parcel o the west (A N 3 0-031-06).
The proposed asphaltic concrete plant is not part of this alternative.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
Pay a proportionate share into th mitigation fund to implement
dations of the City-wide Californ a Gnatcatcher study b August 1991.
the study results in the recommen ation of funding for fl-site habitat
acquisition or enhancement, the P arming Services Depar ment shall evaluate
the study and recommend appropria e action by the City ouncil.
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Conduct a springtime biological survey in April through June of 1991 before
any excavation i any area outside of the existing 83 acre site or the sen-
sitive bi logica areas on the n rtherly unexca ated portion. Assess the
status an distr bution of the f ve sensitive p ant species potentially pre-
sent on-s te. I sensitive plan species are d scovered, the Planning
Services-epartment shall evalua e proposed mit gation measures and recom-
mend appropriate action by the C ty Council.
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Protect the riparian scrub habitat located within the Beeler Creek
floodplain from operational encroachment by palcement of a five-strand
barbed wire fence or suitable alternative in that 0.2 acre area. Designate
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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
of the habitat.
Submit a Dlegan Coastal age Scrub habitat restoration plan within one year.
L rig-term biological mort toring is required, including the preparation of
s atus reports to be rev ewed by the City on an annual basis for a minimum
o five years and potent al extensions at each five year review period. The
p an is to be prepared by a qualified biologist working with a revegetation
specialist or certified landscape architect.
Develop and submit within one year, a habitat restoration and/or enhance-
ment program for on and off-site target areas suitable for the restoration of
Southern California grassland.
Concurrent with or prior to approval of the conditional use permit, City
Council will approve an environmentally sensitive phased reclamation plan.
Submit a detailed report to determine the dimensions of the
acoustical barrier for the private access road built to public road stan-
dards.
Turn off back-up alarms on loader, dozers, water trucks and other mobile
plant equipment during official hours of local sunset and sunrise hours and
replace with flashing strobes.
Maximize the use of storage and surge piles to shield noisy equipment {e.g.,
secondary crushers and vibrating screen).
Obtain a San Diego Air Pollution Control District Permit (APCD) for
authority to construct and an APCD permit to operate.
The APCD shall monitor emissions on an annual or more frequent basis to
ensure that the plant operates as designed.
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.
Frequent watering of on-site haul routes is required to limit dust emissions
from equipment moving on unpaved, in-plant surfaces in accordance with APCD
requirements.
Plant 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.
Submit a detailed landscaping plan to the Director of Planning Services
within one year showing the landscaping screen along the south property line
exc pt at driveway openings and along the south one-half of both east and
wes property lines. The plan should also show the option of planting trees
on he west side of the noise barrier to be constructed along the access
roa .
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west property lines. The plan should also show the option of planting trees
on the west side of the noise barrier to be ~ along the access
road.
Landscaping shall be installed n accord nce with the plan approved in
compliance with Condition No. I and lan scaped areas shall be provided with
an irrigation system (capable o convers on to reclaimed water) installed to
provide water necessary to main ain the andscape screen.
All landscaped areas shall be
dttton at all times.
and in a health and thriving con-
Provide copies to the Planning Services Department of the permit renewals
for waste discharge req from the San Diego Regional Water Quality
Control Board.
Equipment to be used shall be as required by the Air Pollution Control
District.
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.
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.
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 controlled by water sprays, or by such ot er or additional methods
as may be required by the Air Pollution Control Of icer to control any
excessive dust or air pollutant production which, n the opinion of the Air
Pollution Control Officer, may develop or has deve oped.
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 syphonage.
Removal of mergent vegetation within the water-holding basins shall occur
on an annua basis. Removal of vegetation within the Beeler Creek channel
is limited o maintenance for flood control as approved by the Departments
of Engineer ng and Planning Services.
All operations conducted on the premises, including the warming up, arrival,
nd departure of trucks and other equipment, shall be limited to
he eriod between 6:00 a.m. and 6:00 p.m., each day, Monday through
atu day, and no operations shall be conducted on the premises on Sundays.
he ours of operation are suspended for emergency situations or in response
o t e needs of governmental agencies. Maintenance activities may continue
unti, 10:00 p.m. on designated work days.
Resolution No. p-90-55
Page 7
26. Non-operating equlpment, vehicles, Junk, or other refuse shall not be stored
or allowed to exist on the premises.
27. All light fixtures shall be so designed and adjusted as to reflect 11ght
downward, away from any road or street and away from any other premises.
28. A paging system or approved alternative shall be used so as not to produce
sounds audible beyond the b of the
29. All structures and use of the premises shall be in conformance with the
approved plot plan.
30.
Annual review of the conditional use permit and reclamation plan shall be
conducted per Sections 17.48.140 and 16.51.090 of the Municipal Code in
addition to mitigation monitoring and reporting.
31.
The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding rural residential, commercial, and industrial uses.
32.
Site shall be developed in compl anc with the ppllcable 1
im act mitigation mea ures ident fie and the m tigation monitor ng and
e ortin program con ained with n t e Certifie Final Subsequen
tal Impact eport (Cal'at- oway - Sta e Clearinghouse
g 10025 on file in he Planning Services Department. Any additional costs
or moni oring shall be borne by the applicant.
33. This permit is subject to five ear reviews for compliance with prior con-
ditions and to add new conditio,s as necessary to address imposition of new
conditions as may be necessary o insure compliance with changes in State,
Federal, or local laws, mitigat on of impacts unforeseen, changes in tech-
nology and changes in circumstances.
APPLICANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
onstruct the rivate access road built to p,blic road standards, accessing
irkham R ad, ithin 15 months after approva of the conditional use ermit.
esign an e,lg neer the road, dedicate the r ght-of-way and obtain ap roval
rom the ity ngineer. If warranted, a tra fic signal shall be inst lled
at the in ersection of the access road with Kirkham Road and be opera ional
during business hours.
2. Utilize the remainder of the 330,000 cubic yards from the May lg8g stock-
piling by Cadil before any new excavation.
Resolution No. P-90-55
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Grant an irrevocable o fer to dedicate 60 feet of right-of-way along the
private access road al gnment satisfactory to the City Engineer. This irrev-
ocable offer of dedica ion shall not be accepted by the City prior to
depletion of the on-si e
Grant a flowage easement to the City of Poway for any portions of the Beeler
Creek floodway not previously granted.
Water supply to be provided by the City of Poway. Reclaimed water is to be
used for wet aggregate processing once available.
Future modifications to the B eler Creek floodway shall be in accordance
with the September 1987 repot of Dr. Howard Chang which contained water
surface profile calculations o determine the floodway, 100 year flood
levels, velocities, and effec on neighboring properties. All permanent
structures are to be construc ed above the lO0-year flood level.
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.
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 dispo-
sal facilities for employees working on the premises. These facilities
shall be installed in conformance with the applicable laws.
Obtain a grading permit from the Engineering Services Department pursuant to
Chapter 16,44 of the Municipal Code prior to construction of the private
access road and floodway improvements.
I prove and repair Creek Road from Beeler Canyon Road to Pomerado Road to a
m nimum paved width of 36 feet up to a maximum of 40 feet (Local Collector
S andards) including concrete curb and gutter to the satisfaction of the
C ty Engineer.
Th applicant shall verify that Beeler Canyon Road was graded to 28 feet
wi h adequate base, and shall pave any areas r quiring r pair to a minimum
wi th of 24 feet to the satisfaction of the Ci y of San iego Engineering
an Development Department. The applicant sha 1 restabi ize portions of the
road and pave with asphaltic concrete. These mprovemen s shall be in
conformance with plans approved by the City Engineer.
The premises shall be graded, and all on the premises be con-
ducted so that there is no ponding or accumulation of surface waters that
could constitute a hazard to persons or property.
Resolution No. P-90-55
Page 9
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Top of shall be no closer than 50 feet to the edge of the new
required right-of-way llne and exterior property 11nes as shown on the
approved plot plan,
There shall be no blasting, and no storage or use of explosives, on the prem-
ises without a City-issued blasting permit.
No slope shall be established having a grade steeper than 2:1 except that
temporary vertical cuts in increments of 100 feet are p
The on-site access road shall be well maintained at all times.
Operational equipment or material storage will not be permitted within the
floodway.
In the settling pond area,
natural grade of the creek.
approved plot plan.
shall be limited to 20 feet below the
Settling ponds shall be in with the
f ne essary, obtain a streambed alteration permit from the California
epar merit of Fish and Game before any work within the Beeler Creek channel.
oord hate this permit process with the Departments of Engineering and
lann ng Services.
f necessary, obtain a Section 404 permtt from the Army Corps of Engineers
or any work that would affect wetlands within or near Beeler Creek.
oordinate this permit process with the Departments of Engineering and
lanning Services.
assenger car , pickup trucks, and recreational vehicles only are to use
reek Road an Beeler Canyon Road once the private access road is completed.
ll other Cal at product-related vehicles must use the access road from
irkham Road o the plant site.
22. The heavy truck traffic is limited to 310 trips per day until the access
road to Kirkham Road is completed.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Dedicate and improve the trail connection along the north side of Beeler
Canyon Road per the Master Plan of Trails.
APPLICANT SHALL CONTACT THE DEPARTNENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONOITIONS:
A five trand, five foot high barbed wire fence shall be maintained
surroun lng the plant site and active extraction area, with the access road
provide with a lockable gate or alternative suitable to the Director of
Safety ervices.
No. p-90-55
Page 10
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Submit a business plan including a spill prevention control and count
plan to the County Health Department for fuels and other hazardous materials
kept on the site.
he ad itl n of an on-site water torage tank is required until a water
ine 0 su ficient size is availa le to provide adequate flow for a fire
ydran . he location and size 0 the water storage tank and future
ydran s s all be determined by t e City Fire Marshal.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
this 7th day of August, 1990.
ATTEST:
Marjorii
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-90-SS , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
7 day o , 1990, and that it was so adop ed by the following
vote:
AYES: ~lC~l,
NOES:
ABSTAIN:
ABSENT:
R/R-8-7.28-37
City of Poway