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Res P-91-48RESOLUTION NO. P- 91-48 A OF THE CITY COUNCIL OF TRE CIT OF POWAY, USE PERMIT 89-05 PARC L NUMBER , 04, 06 Conditional Use Permit 89-05, submitted by CalMat, applicant, for the purpose of continui g and expanding the aggregate operation on the real property s ~uated in the City of Poway, County of S n Diego, State of Call urnia, described as a portion of the wes half and a portio o the east half of the northeast quarter o Section 25, Townsh p 4 South, Range 2 West, San Bernardino Meri lan, regularly came efore the City Council for public hearing and action on July 23, 1 91; and the Director of Planning Services has 9ed approval of the conditional use permit subject to all conditions set forth in the Planning Department report; and the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, the City Council of the City of Poway does hereby resolve as follows: Section 1: 1 Find : The City Council found on August 7, 1990 that the proposed conditional use permit is a component of the CalMat-Poway project for which a Final Subsequent 1 Impact Report (SCH # ) for the subject project was reviewed and considered by the City Council and was certified as complete and adequate for the proposed conditional use permit by Council Resolution 90-163. The Final Subsequent EIR concluded that the project would result in unmitigated impacts that would warrant overriding tions in the event of Council approval. Statement of ~iderations It was further found and determined pursu~ t to Sections 15092 and 15093 of the Stat CEQA Guidelines hat the impacts on landf tics an biology are part ~lly mitigated and that the remainin sign ficant impacts on ndform/aesthetics and biology are a cepta le due to overrid ng considerations, in that the bene its o the project outweigh the remaining impacts. The fac s supporting this finding are as follows: The project implements the South Poway Planned Community which p the existing extractive operation and contains provisions for expanding the extractive area and continuing the extractive activity. The project will implement an 'tally sensitive reclamation plan that will prepare the site for ultimate Resolution No. P~1-48 Page 2 open space and light industrial land uses consistent with %he South Poway Planned Community. The project will construct an on-site access road which will divert project-related traffic away from Beeler Canyon Road and the adjacent residential neighborhood. The project provides beneficial use of the underlying re ionally significant MRZ-2 aggre ate Ag regate is an importa t to t e community and re ion used in construc ion. In 1984, he City Council re ognized the need to esignate areas or construction aggregate to service fu ure development in northern San Diego County over the next 50 years. Allow ng the continued extraction of aggregate at the Calm -Poway site would reduce regional impacts to air qual y, energy, traffic, utilities, and economics, resu lng from the travel distance and cost shou an alternate site be selected. The project implements partial mitigation of the impact on a regionally significant mineral (aggregate) by the development of the South Poway Industrial Park. The project will maintain and generate long-term employment opportunities within the City of Poway. The project will generate fees, taxes and other ~ which will exceed the cost of the City providing to the project. Section The City Council makes the following findings in regard to Conditional Use Permit 89-05. That the ocation, size, design, and operating characterist cs of the proposed use will be conditioned to be compat ble with and will not adversely affect or be mat r ally etrimental to adjacent uses, residents, bui d ngs, s ructures, or natural , in that the con i ions o approval and mitigation monitoring program wil nsure compatibility with the neighboring roperty owners. The conditional use permit implements he South Poway Planned Community which designates the s e as an on oing extractive operati n with the poten al for ex ansion. The ultimate lan uses are designate as Open Sp ce for the lower elevat ons of the site and Light In ustrial for the upper e evations within the South Poway Industrial Park. Resolution No. P- 91-48 Page 3 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 designated as having regionally-significant mineral ]. Existing landform and canyon floor vegetation shield most of the CalMat facility from surrounding properties other than the secluded General Dynamics facility to the south. That there are adequate public facilities, , and utilities available to the aggregate operation. Water tion will be incorporated and reclaimed water utilized once it becomes available. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the hours nd mode of operation for the aggregate facilities are con itioned to minimize nuisances to the surrounding neigh orhood. Reclamation including revegetation of reclaimed s opes is proposed to minimize visual impacts of the extractive process. That the generation of traffic will not adversely impact the surrounding roads a d/or the City's Circulation Element, in that the cons ruction of the private access road will within 0 days of CUP approval and any other needed City approva s, and that the road will be completed and in service no later t an 60 days after t of construction, after wh ch time all truck and employee traffic will be diverted rom Beeler Canyon Road and Creek Road. Improvement an repair of Creek Road between the northwest end of Beeler Canyon Road and Pomerado Road is also required. That the site is suitable for the type and intensity of use for development which is proposed, in that it has operated as an aggregate operation for the past 15 years, it was a recognized aggregate operation as part of the specific plan adopted in 1985 and conditions of approval/mitigation assure that the intensity of use is reasonably compatible with neighboring property uses. That there will not be significant harmful effects upon environmental quality and natural , in that th continued aggregate operation would make use of natura for construction products and maintenance o existing public and private facilities; the ta effects were extensively reviewed in the subsequent EIR Resolution No. P- 91--48 Page 4 and only two factors were found to be unmitigable, namely aesthetics/~ al and b i That there are no other relevant negative impact of he proposed use that cannot be mitigated beyond he o previously mentioned, as identified and discusse in e Final Subsequent Environment 1 Impact Report or e subject project, which was rev ewed and considere by e ~ ity Council and was certifie as complete and adequa e or the proposed conditiona use permit by Counc 1 esolution No. 90-163, and that the use of the proper y or an aggregate operation is an appropriate use in that he property was designated in 1982 by the California Department of tion, State Mining and Geology Board, as an area of regionally significant aggregate, and is designated in the South Poway Planned Community as an area of (extraction). That the proposed use will not adversely affect the City of Pow y General Plan nor the South Poway Specific Plan for ~ ute as well as present development, in that the speci c plan addressed the existence of the aggregate opera on in 1985 and anticipated continued operation and poten al expansion subject to a reclamation plan and condi onal use permit. 10. 11. This approval does not include the proposed asphaltic concrete plant. The applicant is not precluded from seeking modification of the conditional use permit for that purpose at a later date. This approval of a conditional use permit satisfies the mitigation of the 1985 EIR for the South Poway Planned Community. Section 3: C~ ~ncil The City Council hereby approves Conditional Use Permit 89-05, excluding the proposed asphalt concrete plant, for 166 acres which includes an 83 acre parcel (APN ), a 66 acre parcel (APN 3 ) and a 17 acre parcel (APN 320-031-06), 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 property owner shall execute a on Real Property. This approval is for the proposal submitted by CalMat and described in the Subsequent EIR, except without an asphalt plant, which would allow continued Resolution No. P- 91-48 Page 5 operation ithin the existing boundaries of the 83 acre site (APN ), expansion to the 66 acre parcel (APN ) and construction of a portion of the access roa on the 17 acre parcel to the west (APN ). 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 occur to the satisfaction of the of Engineering The term of the permit is to be 40 years. Ail structures and use of the premises shall be in conformance with a revised site plan to be ~ within 90 days. Ap lica t shall pay, at the time o the developm nt of it in ustrial lots, pro rata s re of $67,4 3.20, ad uste per annum based upon Eng ,~eering News ecord In ex, oward the development of a ire acre park n the South Poway Planned community. Obtain building ermits, as appropriately required, from the City of Powa' a - comply with the regulations of the Industrial Safet' D ision of the Occupational Safety and Health Administ at on for new or used plant facilities installed on the s te. Submit payment(s) for consultant costs within two weeks of receipt of written requests with SHA[.L CONTACT THE OF WITH THE Conduct salvage o erations for San Diego Barrel Cactus pecimens ldentifie by the springtime biological survey and rahs lant onto a jacent open space or other suitable ocat ons within t e open space areas of the South Poway peci ic Plan. Transplant some cactus specimens to the future recla med slopes as deemed appropriate by the project biologist in consultation with CalMat. 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 Resolution No. p_91..48 Page 6 e o en space easement over this habitat with wording to be a proved by the Director of Planning and the City A torney. If appropriate, submit a mitigation contingency p an within one year to address any inadvertent disturbance of the habitat. Submit a Diegan Coastal Sage Scrub habitat restoration plan within one year. Long-term biological monitoring is equired per the Subsequent EIR, including the preparation o status rep rts to be by the City on an annual bas s for a min mum of 20 years and potential extensions at each ive year rev ew period. The plan is to be prepared by a qualified bio ogist working with a revegetation specialist or certified lan scape architect. Develop and submit within one year, a habitat restoration and/or enhancement contingency program for on-site target areas suitable for the restoration of Southern California grassland. 3.8 acres of viable Southern 43.1 acres of Diegan Coastal Sage Scrub on-site at all during the life of the use permit. Grassland and times Site shall be developed in compliance with the applicable tal impact mitigation identified and the mitigation monitoring and reporting program ] within the Certified Final Subsequent Environme tal Impact Report CalMat-Poway - State Clearinghouse No. 8 010025) on file in he Planning Department. Any a ditional costs or ~ to be borne by the applican shall be y the applicant prior to any authorization to perform services or works associated with such costs. PLAN 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. NOISE Submit a dimensions road. detailed acoustical report of the acoustical barrier for to determine the the private access Resolution No. P-91-48 Page 7 Turn off back-up alarms on loaders, dozers, water trucks and other mobile plant equipment during 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., ~ and vibrating screen). Ail operations conducted on the premise , including the warming up, arrival, a d departure of rucks and other vehicular equipment, sba 1 be limited to t e period between :00 a.m. and 6:00 p.m., Onday through Fri , 8:00 a.m. and :00 p.m. on Saturday, an no operations sha be conducted on he premises on Sundays. The hours of operat on are suspended or emergency situations or in response o the needs of § ~al agencies. Maintenance activit es may continue until 9:00 p.m. on designated work days. A paging system or approved alternative shall be used so as not to produce sounds audible beyond the boundaries of the P ALITY Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate· The APCD shall monitor 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 k, ~ dust and particulate matter to within the site. Equipment to be used shall be as required by the Air Pollution Control District. Ail 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. Resolution No. P-91-48 Page 8 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. Ail dust or other air pollution emissions at the at material transfer points or at any equipment, during any hase of the operation, s all be controlled by water sprays, r by such other or addi· onal methods as may be required by he Air Pollution Contrv Officer to control any excessive ust or air pollutant pro action which, in the opinion of the Air Pollution Control Off cer, may develop or has developed. LANDSCAPING Submit a detailed landscaping plan to the Director of Planning within one year showing the landscaping screen along the north and south property lines except at access openings and along the south one-half of both east and west property lines. The plan should also show the option of planting trees on the west side of the noise barrier to be constructed along the access road. 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 y to maintain the landscape screen. Ail landscaped areas shall be maintained in a healthy and thriving condition at all times. WATER AND~ Provide copies to the Planning Services Department of the permit renewals for waste discharge requirements from the State Regional Water Quality Control Board. 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. 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. 4. Provide water tion offset per Ordinance 336, as amended, in the event a larger water meter is Resolution No. P-91-48 Page 9 VISUAL Non-operating equipment, vehicles, Junk, or other refuse shall not be stored or allowed to exist on the premises. Ail light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from any other premises. REVIEW PERIODS AND Annual review of the conditional use permit and reclamation plan shall be conducted per Sections 17.48.140 and of the Municipal Code in addition to mitigation monitoring and reporting. This permit is subject to five year reviews for compliance with prior conditions and to add new conditions as y to ensure compliance with changes in State, Federal, or local laws. SHALL THE OF WITH THE ROADS AND Improve and repair Creek Road from Beeler Canyon Road to Pomerado Road to a paved width of 24 feet to the satisfaction of the City Engineer. e The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. 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. construction of the priv te access road from the plant site to the northerly proper · line within 60 days of CUP approval and any other needed Ci ~ approvals. The road is to be completed and in service no ter than 60 days after t of construction. Truc traffic is limited to 730 trips per day averaged over a mont ly peri d for worki g days. Periodic 'no-notice' truck coun s will e conducte by the ty. In addition, CalMat shal mainta n truck tr p logs o the number and types of trucks enter ng and leav ng the si e with copies provided to the Engineer ng Services Departmen upon request. Resolution No. P- 91-48 Page 10 Ail truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road. The on-site access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requ Construction o industrial buildings is prohibited on the future industr al lots to be created by the reclamation activity along he y line until mining and p ~ activities on t e proJec site have been completed, or CalMat terminates operations un er the permit. Any change from this condition would have to e specifically approved by the City Council. CalMat shall not utilize tonnage capacity in excess of 350,000 tons per year until the completion of the westerly of the South Poway Expressway to 1-15. Se Future modifications to the Beeler Creek floodway shall be in with the September 1987 rep rt of Dr. Howard Chang wh ch contained water surface pr ile calculations to de ermine the floodway, 100 year flood ~vels, velocities, and ef ect on neighboring properties. A1 permanent structures are to be constructed above the 100-year flood level. The City of Poway will vacate the existing flowage easements in favor of a new flowage easement to be dedicated by CalMat. New flowage easement is to be defined in accordance with requirement set forth in Condition No. 1 directly preceding this condition. Settling ponds shall be in conformance with the approved plot plan. If y, obtain a streambed alteration permit from the Call ornia Department of Fish and Game before any work within the eeler Creek channel. Coordinate this permit process with the epartments of Engineering and Planning Services. If y, 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 Departments of Engineering and Planning Services. Resolution No. P- 91-48 Page 11 WATER SUPPLY AND SEWAGE DISPOSAL Water supply to be provided by the City of Poway. water is to be used for wet aggregate processing control once available. and dust 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 ~ control requ 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. Obtain a grading permit from the Engineering Department pursuant to Chapter 16.44 of the Municipal Code prior to construction of the private access road, where permanent near Kirkham Way (100 feet from centerline), and floodway improvements. 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. 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. No slope shall be established having a grade steeper than 2:1 except that temporary vertical cuts in increments of 100 feet are permitted. APPLICANT SHALL ~ WITH THE FC OF PUBLIC Dedicate and improve the trail connection along the north side of Beeler Canyon Road per the Master Plan of Trails. SHALL CONTACTTHE WITH TH~ FOLLOWING OF SAFETY 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 Resolution No. P-91--48 Page 12 lockable gate or alternative suitable to the Director of Safety Services. The Beeler Canyon Road access shall be secured by lockable gate or alternative suitable to the Director of Safety upon completion of the private access road from Kirkham Way. Submit a plan including a spill p control and count plan to the County Health Department for fuels and other hazardous materials kept on the site. The addition of a temporary on-site water storage tank is required til a water line of t size is available to provide a equate flow for a fire hydrant. The location and size of t e water storage tank and future hydrant shall be determine by the City Fire Marshal. and State of California, ATTEST: by the City Council of the City of Poway, this 23rd day of July, 1991. [ lar Marj or~ y Clerk Resolution No. P-91-48 Page 13 STATE OF ) ) SS. COUNTY OF SAN DIEGO ) I, MarJorie K. City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-91-48 , was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of__ , 1991, and that it was so adopted by the following vote: AYES: EMERY, NOES: NONE NONE ABSENT: NONE , SNESKO, Marjorie City of Poway