Res P-91-48RRESOLUTION NO. P-91-48R
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
USE PERMIT 89-05
ASSESSOR'S PARCEL NUMBER 320-031-03, 04,
06
Conditional Use Permit 89-05, by CalMat,
applicant, for the purpose of continui g and expanding the
aggregate operation on the real property s tuated in the City of
Powa', County of S n Diego, State of Call ornia, described as a
port on of the wes half and a portio o the east half of the
quarter o Section 25, Townsh p 14 South, Range 2 West,
San ernardino Meri lan, regularly came efore the City Council for
publ c hearing and action on July 23, 1 91; and
the of Planning has ]
approval of the conditional use permit subject to all conditions
set forth in the Planning Services Department report; and
the City Council has read and 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: Environmental Fir :
The City Council found on August 7, 1990 that the proposed
conditional use permit is a component of the Cal y
project for which a Final Subsequent Environmental Impact
Report (SCH # ) for the subject project was reviewed
and 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 considerations in the event of
Council approval.
Statement of Overridin nsid
It was further found and determined pursu~ t to Sections 15092
and 15093 of the Stat CEQA Guidelines hat the impacts on
landform/aesthetics an biology are part ally mitigated and
that the sign ficant impacts on andform/aesthetics
and biology are a cepta le due to ~
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 environmentally
reclamation plan that will prepare the site for ultimate
Resolution No. P-91-48R
Page 2
open space and light industrial land uses consistent with
the 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 re development in northern San
Diego County over the next 50 years.
Allow ng the ] 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 increased 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 recurring
which will exceed the cost of the City providing
to the project.
Section 2: Findin :
The City Council makes the following findings in regard to
Conditional Use Permit 89-05.
That the location, size, design, and operating
charact of the proposed use will be conditioned
to be compatible with and will not adversely affect or be
mat r ally detrimental to adjacent uses, residents,
bui d ngs, structures, or natural in that the
con i ions of approval and mitigation monitoring program
wil nsure compatibility with the neighboring property
owners. The conditional use permit implements the South
Poway Planned Community which designates the site as an
on oing ext active operati n with the otential for
ex ansion, he ultimate lan uses are desi nated as Open
Sp ce for t e lower elevat OhS of the s te and Light
In ustrial or the upper e evations wit in the South
Poway Industrial Park.
Resolution No. P-91-48R
Page 3
That the harmony and scale, bulk, coverage, and density
is t 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, services, 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 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
in that the tion 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
~ 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 environmenta
effects were ly reviewed in the subsequent EI
Resolution No'. P-91-48R
Page 4
10.
and only two factors were found to be unmitigable, namely
aesthetics/landform alteration and biological impacts.
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 t 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 recovery (extraction).
That the proposed use will not adversely affect the City
of Pow y General Plan nor the South Poway Specific Plan
for ~
speci
opera
condi
ure as well as present development, in that the
c plan addressed the existence of the aggregate
on in 1985 and anticipated continued operation and
expansion subject to a reclamation plan and
onal use permit.
This a
concre
with t
from t
shall
proval does not include the proposed asphaltic
e pla t. Any amendment of this CUP must comply
e Sou h Poway Specific Plan as it may be amended
me to ime. Approval of any amendment of this CUP
e at t e discretion of the City Council.
11.
The approval of this conditional use permit satisfies the
mitigation of the 1985 EIR for the South Poway
Planned Community.
Section 1
The City Council hereby approves Conditional Use Permit 89-05,
excluding the proposed asphalt concrete plant, for 166 acres
which an 83 acre parcel (APN ), a 66 acre
parcel (APN ) and a 17 acre parcel (APN ),
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 Covenant on Real Property. The revision
to finding #10 shall apply to the Letter of Sing
of conditions and the Covenant on Real Property.
Resolution No. P-91-48R
Page 5
This proval is for the proposal ~ by CalMat and
descr ed in the Subsequent EIR, except without an
aspha concrete plant, which would allow continued
opera on ithin the existing boundaries of the 83 acre
site (APN ), expansion to the 66 acre parcel
(APN 320- 1-04) 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 Director of
Engineering Services.
4. 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 submitted
within 90 days.
Ap lica t shall pay, at the time o the developm nt of
it in ustrial lots, pro rata s are of $67,4 3.20,
ad uste per annum based upon Eng neering News ecord
In ex, oward the development of a ire acre park n the
South Poway Planned Community.
Obtai building ermits, as appropriatel' required, from
the Cty of Powa' a d comply with the re lations of the
Indus rial Safer' D vision of the Occupat onal Safety and
Healt Administ at on for new or used p ant facilities
insta led on the s te.
Submit payment(s) for consultant costs within two weeks
of receipt of written requests with invoices.
SI~ALL CONTACT THE OF
WITH THE
BIOLOGY
Conduct salvage o erations for San Diego Barrel Cactus
pecimens identifie 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.
2. Protect the riparian scrub habitat located within the Beeler
Creek floodplain [as identified in Appendix C of the Technical
Resolution No. P-91-48R
Page 6
Appendices to the certified Subs quent EIR] from operational
by placement of a f ~ barbed wire fence
or al in that acre area. Designate an
o en space easement over this altat with wording to be
a proved by the Director of Plann ng 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 reviewed 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
during the life of the use permit.
Grassland and
at all times
Site shall be developed in compliance with the applicable
tal impact mitigation identified and the
mitigation monitoring and reporting program contained within
the Certified Final Subsequent tal Impact Report
CalMat-Poway - State Clearinghouse No. ) on file in
he Planning Department. Any a ditional costs
or monitoring to be borne by the applican shall be
y the applicant prior to any autb to perform
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
di
road·
a detailed acoustical report to determine the
of the acoustical barrier for the private access
Resolution No. P-91-48R
Page 7
Turn off back-up alarms on loaders, dozers, water trucks and
other mobile plant equipment during official hours of local
sunset and sunrise hours and replace with flashing strobes.
the use of storage and surge piles to shield noisy
equipment (e.g., secondary crushers and vibrating screen).
Ail operations conducted on the p including the
warming up, arrival, and departure of rucks and other
vehicular equipment, shall be limited to t e period between
:00 a.m. and 6:00 p.m., Monday through Fri , 8:00 a.m. and
:00 p.m. on Saturday, and 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
§ tal 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
premises.
%LITY
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 ] 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.
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
Resolution No. P-91-48R
Page 8
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.
Ail dust or other air pollution emissions at the at
material transfer points or at any equipment, during any
has· 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 Contr~ 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.
Submit a detailed landscaping plan to the Director of Planning
Services 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 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 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
Provide copies to the Planning 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 y.
Resolution No. P-91-48R
Page 9
VISUAL
Non-operating equipment, vehicles, junk, or other refuse shall
not be stored or allowed to exist on the p
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 CONTACT THE OF
WITH THE
ROADS AND
Improve and repair Creek Road from Beeler Canyon Road to
Pomerado Road to a minimum paved width of 24 feet to the
satisfaction of the City Engineer.
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
is limited to 310 trips per day until the
Kirkham Way is completed.
and Creek Road
access road to
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 ater than 60 days after
t of construction.
Truc traffic is limited to 730 trips per day averaged over
mont ly peri d for worki g days. Periodic "no-notice" truc
coun s will e conducte by the ity. In addition, CalMa
shal mainta n truck tr p logs o the number and types o
trucks enter ng and leav ng the si e with copies provided to
the Engineer ng Departmen upon request.
Resolution No. P-91-48R
Page 10
Ail truck and employee traffic shall utilize the Kirkham Way
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) requi
Co struction o industrial buildings is prohibited on the
fu ure industr al lots to be created by the reclamation
ac ivity along he north rly line until mining and p ~
ac ivities 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 extension
of the South Poway Expressway to 1-15.
Future modifications to the Beeler Creek floodway shall be in
ac ordance with the September 1987 rep rt of Dr. Howard Chang
wh ch contained water surface pro ile calculations to
de ermine the floodway, 100 year flood ovels, 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
California Department of Fish and Game before any work within
the Beeler Creek channel. Coordinate this permit process with
the Departments of Engineering and Planning
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
Dep of ~ and Planning
Resolution No. P-91-48R
Page 11
WATER SUPPLY AND SEWAGE
Water supply to be provided by the City of Poway. Reclaimed
water is to be used for wet aggregate processing and dust
control once available.
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 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 Services
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 'ts of 100 feet
are permitted.
APPLICANT SHALL THE
WITH THE
OF PUBLIC
Dedicate and improve the trail connection along the north side
of Beeler Canyon Road per the Master Plan of Trails.
SHALL CONTACT THE OF SAFETY
WITH THE FOLLOWING C~ ~:
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-91-48R
Page 12
lockable gate or alternative suitable to the Director of
Safety
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 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.
The addition of a temporary on-site water storage tank is
required til a water line of sufficient 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, this
ATTEST:
by the City Council of the City of Poway,
20th day of August, 1991~
Marjo ~en, City Clerk
Resolution No. P-91-48R
Page 13
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-91-45R , was duly adopted by the City Council
at a meeting of said City Council held on the 20th day of __
, 1991, and that it was so adopted by the following
vote:
AYES: EMERY,
NOES: NONE
NONE
ABSENT: NONE
SNESKO,
MarJor~e $. Wahlsten, City Clerk
City o~way