April 4, 2023, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
April 4, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Servicesp!l
Austin Silva, Senior Planner .,p.{
858-668-4658 or [email protected]
CITY COUNCIL
Conditional Use Permit 22-0005, a Request to modify a Conditional Use Permit for Granite Construction's aggregate operation located at 10975 Beeler Canyon Road and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025) for the project
Granite Construction is requesting to modify a Conditional Use Permit (CUP) for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the conclusion of mining and processing activities or operations. They are also requesting to revise future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated as Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area. This item was continued from the March 21, 2023 City Council agenda and the public hearing is still open.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving CUP22-0005 for the modification of CUP 19-009 and its Reclamation Plan and making the determination that the project is within the scope of the previously certified Environmental Impact Report (SCH# 89010025).
Discussion:
Granite Construction is the applicant and there are two property owners with the three parcels that are currently associated with CUP for Granite Construction's aggregate operation. The two westerly parcels, APN 320-031-06 and 320-031-03 are owned by Clerco, Inc. (Clerco Parcels). The easterly parcel, APN 320-031-04, is owned by Calmat Co. (Calmat Parcel). The three parcels (collectively Mining Site) are located south of Kirkham Way and north of Beeler Canyon Road on properties designated as MRE in the South Poway Specific Plan (Attachment B). Surrounding land uses include industrial development, open space, and single-family residences to the west, industrial development to the north, an apprenticeship training center and open space to the east, and single-family residences and open space in the City of San Diego to the south across Beeler Canyon Road. 1 of 28
April 4, 2023, Item #7
Aggregate extraction and processing activity was conducted by Padre Transit Mix at the Mining Site starting in 1975 under a permit issued by the County of San Diego prior to the City of Poway's incorporation. Padre Transit Mix was acquired by Cal Mat Co. in 1989. The City took responsibility of administering the mining extraction permit after incorporation. The original mining operation was located on the central parcel which is in the easterly property of the Clerco Parcels (82.93-acre parcel).
In 1986, Cal Mat purchased the Calmat Parcel (65.92-acre property), which was included in the current CUP for the mining operation. In 1987, Clerco purchased the westerly approximate 17-acre property (APN 320-031-06) of the Clerco Parcels to allow for a private access road from the Mining Site to Kirkham Way.
In August 1991, the City Council adopted Resolution No. P-91-48R (Attachment C) approving CUP89- 05 for the continuation and expansion of the aggregate operation. Granite Construction took over operation of the Mining Site in February 2020 with approval of CUP19-009. CUP19-009 was approved administratively as a minor modification to CUP89-05 to memorialize the change in the mine operator.
Rather than mining, Granite Construction primarily uses the site to recycle broken concrete and asphalt into useful construction materials.
The SPSP, adopted in 1985, identified the mining operation as ongoing and allowed it to continue by renewing the County's permit as a CUP from the City of Poway and approval of a Reclamation Plan.
The Reclamation Plan is required by California's Surface Mining and Reclamation Act of 1975 to ensure that "adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses." Chapter 16.54.080(8) of the Poway Municipal Code (PMC) also states that the Reclamation Plan and potential use of reclaimed land pursuant to the plan are to be consistent with the General Plan and any applicable specific plans, resource plan, or element. The PMC also requires that reclamation activities begin as early as possible on those portions of the mined lands that will not be subject to further disturbance. Reclamation at this Mining Site may be done on an annual basis, in stages with continuing operations, or upon completion of all excavation, removal, or fill, as approved by the City. The Reclamation Plan indicates that two industrial pads will be constructed totaling approximately 15 acres over the easterly Clerco Parcel and the Calmat Parcel along the south side of Kirkham Way at the northerly portion of the Mining Site (Attachment D). After reclamation of the Mining Site, 154 acres will be redesignated from MRE to Natural OS. A biological conservation easement (BCE) with appropriate signage will also be required over the Natural OS areas. The remaining 15 acres where the industrial pads will be located will be redesignated to Light Industrial (LI).
In 2022, Granite Construction commenced reclamation activities at the Mining Site by beginning restoration of the Central Reach of Beeler Creek, which includes 894 linear feet that have been impacted by mining activities. Granite Construction has obtained the appropriate permits from the Regional Water Quality Control Board, California Fish and Wildlife, and United States Army Corps of Engineers to move forward with the creek restoration. Restoration of this segment of Beeler Creek is expected to be completed in 2023.
The applicant is requesting to modify CUP19-009 and the Reclamation Plan to reconfigure the two industrial building pads to be entirely on the Clerco Parcels as conceptually shown in the conceptual industrial pad reconfiguration exhibit (Attachment E). This would result in no industrial pad being constructed on the Cal Mat parcel and the Cal Mat parcel would remain undisturbed. The reconfigured 10-acre industrial pad on the Clerco property would be supported by manufactured slopes over 30- feet tall. A second 5-acre industrial pad will be located to the west of the access road, along Kirkham Way, consistent with the existing CUP.
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April 4, 2023, Item #7
Granite Construction is requesting to remove condition number eight (8) under the Roads and Traffic section of City Council Resolution No. P-91-48R. The resolution states that any change to this condition specifically requires approval by the City Council. The condition states that "construction of industrial buildings is prohibited on the future industrial lots to be created by reclamation activity along the northerly property line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit." Staff is supportive of removing this condition because Granite Construction has been making progress towards the reclamation and restoration of the site as described earlier in this report. Additional conditions from City Council Resolution No. P- 91-48R that have already been satisfied will also be removed; all ongoing operational conditions will remain.
A Specific Plan Amendment (SPA) has been submitted to change the land use for the industrial pad locations from Mineral Resource Extraction to Light Industrial, along with a Development Review (DR) application to construct a battery storage facility on the newly reconfigured easterly pad. The SPA and DR will be heard by the City Council separately from this CUP at a later date.
Environmental Review:
A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the Cal Mat-Poway project. The proposed CUP modification does not create any new impacts, nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
Fiscal Impact:
No impact.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on March 9, 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Resolution No. P-91-48R
D. Current Industrial Pad Configuration Site Plan
E. Proposed Site Plan
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April 4, 2023, Item #7
Reviewed/Approved
By
:
Wendy
I<
erman
Assistant
City
Manager
4 of
28 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch&t!!b
City
Manager
April 4, 2023, Item #7
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 22-0005 FOR GRANITE CONSTRUCTION'S
AGGREGATE OPERATION TO REVISE FUTURE INDUSTRIAL
BUILDING PAD LOCATIONS.
ASSESSOR PARCEL NUMBERS: 320-031-06, 320-031-03, and
320-031-04
WHEREAS, Conditional Use Permit (CUP) 22-0005, submitted by Granite Construction, applicant, is a request to modify a CUP for their aggregate operation by allowing for the construction of industrial buildings on the future industrial pads prior to the completion of mining and processing activities or operations under the CUP have been terminated, and revising future industrial building pad locations (Pads) at the northerly portion of the site located at 10975 Beeler Canyon Road, designated at Mineral Resource Extraction (MRE) in the South Poway Specific Plan (SPSP) area;
WHEREAS, on August 7, 1990, the City Council adopted Resolution No. 90-164 approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road;
WHEREAS, on August 14, 1990, a petition for a rehearing was brought before the City Council; '
WHEREAS, on August 14, 28, September 18 and October 2, 1990, the City Council reviewed the petition for a rehearing;
WHEREAS, on October 2, 1990, the City Council found that there was new and different evidence that was not available at the previous hearing on August, 7, 1990; WHEREAS, on August 20, 1991, the City Council adopted Resolution No. P-91-48R approving CUP 89-05 for continuation and expansion of the aggregate operation located at 10975 Beeler Canyon Road;
WHERAS, on February 20, 2020, the Director of Development Services approved CUP 19-009, allowing the aggregate facility operator to change from Vulcan Materials to Granite Construction;
WHEREAS, on April 4, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against relative to this application; WHEREAS, Section 17.48.070 of the of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and WHEREAS, the City Council has read and considered the agenda report for the proposed CUP request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
5 of 28 ATTACHMENT A
April 4, 2023, Item #7
Resolution No. 23-
SECTION 1: A Final Subsequent Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) for the CalMat-Poway project, for which CUP 89-05 was a component of. The Final Subsequent EIR (SCH# 89010025) was certified by the City Council on August 7, 1990. The Final Subsequent EIR analyzed the potential impacts of the CalMat-Poway project. The proposed CUP modification is consistent with CUP 89-05 and does not create any new impacts nor does it warrant the need for additional mitigation measures. No further environmental analysis is required because the Project's impacts have already been analyzed and are fully covered by the previously certified Final Subsequent EIR.
There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
SECTION 2: The findings made in Resolution No. P-91-48R for CUP 89-05 remain applicable.
SECTION 3: The City Council hereby approves CUP22-0005 as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated April 4, 2023 on file in the Development Services Department, except as noted herein, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with reasonable use and enjoyment of surrounding uses.
This CUP approval allows for continued operation of the proposal submitted by CalMat for CUP 89-05 and described the Final Subsequent EIR, except without an asphalt concrete plant.
E. The capacity of the sand and gravel plant is to be limited in size to a nominal processing 6 of 28
April 4, 2023, Item #7
Resolution No. 23-
capacity of 775,000 tons per year. Monitoring of the production rate shall occue to the satisfaction of the City Engineer.
F. The CUP shall expire on August 20, 2031.
G. All structures and use of the premises shall be in conformance with a revised site plan to be submitted within 90 days.
H. Applicant shall pay, at the time of the development of its industrial lots, pro rata share of $67,463.20, adjusted per annum based upon Engineering News Record, toward the development of a five-acre park in the South Poway Planned Community.
I. Obtain building permits, as appropriately required, from the City of Poway and comply with the regulations of the Industrial Safety Division of the Occupational Safety and Health Administration for new or used plant facilities installed on the site.
J. Submit payment(s) for consultant costs within two weeks of receipt of written requests with invoices.
K. The following conditions shall be met to the satisfaction of the Planning Division:
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1. Conduct salvage operations for San Diego Barrel Cactus specimens identified by the springtime biological survey and transplant onto adjacent open space or other suitable locations within the open space areas of the South Poway Specific Plan.
Transplant some cactus specimens to the future reclaimed slopes as deemed appropriate by the project biologist on consultation with the applicant.
2. 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 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 inadvertent disturbance of the habitat.
3. Long-term biological monitoring is required per the Subsequent EIR, including the preparation of status reports to be reviewed by the City on an annual basis for a minimum of 20 years and potential extensions at each five year review period. The plan is to be prepared by a qualified biologist working with a revegetation specialist or certified landscape architect.
4. Maintain 3.8 acres of viable Southern California Grassland and 43.1 acres of Diegan Coastal Sage Scrub onsite at all times during the life of the permit. Prior to commencement of grading for the industrial pads, the applicant shall demonstrate compliance with this requirement on a habitat vegetation map prepared by a qualified biologist.
Mitigation Monitoring
The site shall be developed in compliance with the applicable environmental impact mitigation measures identified and the mitigation monitoring and reporting program April 4, 2023, Item #7
8 of 28
Resolution No. 23-
contained within the Certified Final Subsequent EIR (CalMat-Poway -SCH No. 89010025) on file in the Planning Services Department. Any additional costs for monitoring to be borne by the applicant shall be reviewed by the applicant prior to any authorization to perform services or works associated with such costs.
Reclamation Plan
Commence 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.
5. The following conditions related to noise shall be adhered to:
a. 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.
b. Maximize the use of storage and surge piles to shield noisy equipment (e.g., secondary crushers and vibrating screen).
c. All operation conducted on the premises, including the warming up, arrival, and departure of trucks and other vehicular equipment, shall be limited to the period between 6:00 a.m. and 6:00 p.m., Monday through Friday, 8:00 a.m. and 6:00 p.m. on Saturday, and no operations shall be conducted on the premises on Sundays. The hours of operation are suspended for emergency situations or in response to the needs of government agencies. Maintenance activities may continue until 9:00 p.m. on designated work days.
d. A paging system or approved alternative shall be uses so as not to produce sounds audible beyond the boundaries of the premises.
6. The following conditions related to air quality shall be adhered to:
a. Obtain a San Diego Air Pollution Control District Permit (APCD) for authority to construct and an APCD permit to operate.
b. The APCD shall monitor emissions on an annual or more frequent basis to ensure that the plant operates as designed.
c. 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.
d. Frequent watering of onsite haul routes is required to limit dust emissions from equipment moving on unpaved, in-plant surfaces in accordance with APCD requirements.
e. Plan 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.
f. Equipment to be used shall be as required by the Air Pollution Control District. g. 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.
h. 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.
i. All dust or other air pollution emissions at the screens, at material transfer April 4, 2023, Item #7
Resolution No. 23-
points, or at any equipment, during any phase of the operation, shall be controlled by water sprays, or by such other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant productions which, in the opinion of the Air Pollution Control Officer, may develop or has developed.
7. The following conditions related to landscaping shall be adhered to:
a. 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 necessary to maintain the landscape screens along the north and south property lines. b. All landscaped areas shall be maintained in a healthy and thriving condition at all times.
7. The following conditions related to water and water quality shall be adhered to:
a. Provide copies to the Planning Division of the permit renewals for was discharge requirements from the State Regional Water Quality Control Board. b. 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.
c. 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.
d. Provide water conservation offset per Ordinance 335, as amended, in the event a larger water meter is necessary.
8. The following conditions related to visual impacts shall be adhered to:
a. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premised.
b. All light fixtures shall be so designed and adjusted as to reflect light downward, away from any road or street and away from other premises.
9. The following conditions related to review periods and compliance shall be adhered to:
a. Annual review of the conditional use permit and reclamation plan shall be conducted per Section 17.48.140 and 16.51.090 of the PMC in addition to mitigation monitoring and reporting.
b. This permit is subject to five-year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in State, Federal, or local laws.
L. The following conditions shall be met to the satisfaction of the Engineering Division:
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1. Water Quality Control -Construction Storm Water Management Compliance The project proposes to disturb an area greater than 1 acre, therefore proof of coverage under the General Permit for Discharges of Storm Water Associated with April 4, 2023, Item #7
10 of 28
Resolution No. 23-
Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
2. Prior to start of any work within a City-held easement or right-of-way, a Right-of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
3. All utility service is required to be installed underground. No overhead service will be permitted.
4. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life.
5. The following conditions related to roads and traffic shall be adhered to:
a. 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. b. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer. c. 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. d. Commence construction of the private access road from the plan site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no than 60 days after the commencement of construction.
e. Truck traffic is limited to 730 trips per days averaged over a monthly period for working days. Periodic "no-notice" truck counts will be conducted by the City.
In addition, the applicant shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request.
f. All truck and employee traffic shall utilize the Kirkham Way entrance upon completion of the new access road.
g. The onsite access road shall be well maintained at all times to meet Industrial Mine Safety and Health Administration (IMSHA) requirements. h. Construction of industrial buildings is prohibited on the future industrial lots to be created by the reclamation activity along the northerly line until mining and processing activities on the project site have been completed, or CalMat terminates operations under the permit. Any changes from this condition would have to be specifically approved by the City Council.
6. The following conditions related to floodway shall be adhered to:
a. Settling ponds shall be in conformance with the approved plot plan. b. If necessary, 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 Engineering and Planning Divisions.
c. If necessary, 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 Engineering and Planning Divisions.
April 4, 2023, Item #7
Resolution No. 23-
7. The following conditions related to water supply and sewage disposal shall be adhered to:
a. 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. b. 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.
c. 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.
8. The following conditions related to grading and stockpiling shall be adhered to:
a. 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.
b. 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. c. No slope shall be established having a grade steeper than 2: 1, except that temporary vertical cuts in increments of 100 feet are permitted.
M. The following conditions shall be met to the satisfaction of the Fire Department:
11 of 28
1. 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 lockable gate or alternative suitable to the Fire Department.
2. The Beeler Canyon Road access shall be secured by a lockable gate or alternative suitable to the Fire Department.
3. Submit a business plan including a spill prevention control and countermeasure plan to the County Health Department for fuels and other hazardous materials kept on the site.
4. The addition of a temporary onsite water storage tank is required until a water line of sufficient size is available to provide adequate flow for a fire hydrant. The location and size of the water storage tank and future hydrant shall be determined by the City Fire Marshal.
5. This project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20-feet of unobstructed width and minimum 13'6" vertical clearance, with turning radius of not less than 28-feet, and capable of supporting the imposed loads of fire apparatus not less than 75,000 pounds.
6. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12-percent.
April 4, 2023, Item #7
Resolution No. 23-
7. All dead-end fire access roadways greater 150-feet in length shall be provided with approved fire apparatus turn around.
8. The gradient for a fire apparatus access roadways shall not exceed 20 percent.
Grades exceeding 15 percent shall be constructed of Portland Cement Concrete (PCC), with a deep broom finish perpendicular to the direction of travel.
9. Fire apparatus access roadways shall extend to within 150 feet of all portions of the exterior walls of structures as measured by an approved route around the exterior of the building.
10. Fire apparatus access roadways, permanent or temporary, shall satisfactorily pass all required tests and Inspections, and be approved by the City.
11. The approved fire apparatus access roadways, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
SECTION 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of April, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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April 4, 2023, Item #7
Subject Location:
320-031-06
13 of 28
• NORTH
t Location:
City of Poway
Zoning I Location Map
Item: CUP22-0005
0 500
P--ir=eet
ATTACHMENT B
San Diego
ubject
April 4, 2023, Item #7
RESOLUTION
NO.
P-91-48R
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
APPROVING
CONDITIONAL
USE
PERMIT
89-05
ASSESSOR'S
PARCEL
NUMBER
320-031-03,
04,
06 WHEREAS,
Conditional
use
Permit
89-05,
submitted
by
CalMat,
applicant,
for
the
purpose
of
continuing
and
expanding
the
aggregate
operation
on
the
real
property
situated
in
the
City
of
Poway,
County
of
San
Diego,
State
of
California,
described
as
a
portion
of
the
west
half
and
a
portion
of
the
east
half
of
the
northeast
quarter
of
Section
25,
Township
14 South,
Range
2 west,
San
Bernardino
Meridian,
regularly
came
before
the
City
Council
for
public
hearing
and
action
on
July
23,
1991;
and
WHEREAS,
the
Director
of
Planning
Services
has
recommended
approval
of
the
conditional
use
permit
subject
to
all
conditions
set
forth
in
the
Planning
Services
Department
report;
and
WHEREAS,
the
City
Council
has
read
and
considered
said
report
and
has
considered
other
evidence
presented
at
the
public
hearing.
NOW
I
THEREFORE,
the
City
Council
of
the
City
of
Poway
does
hereby
resolve
as
follows:
Section
1:
Environmental
Findings:
14 of
28 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
Environmental
Impact
Report
(SCH
189010025)
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
90-16
3. 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
Overriding
Considerations
rt
was
further
found
and
determined
pursuant
to
Sections
15092
and
15093
of
the
state
CEQA
Guidelines
that
the
impacts
on
landform/aesthetics
and
biology
are
partially
mitigated
and
that
the
remaining
significant
impacts
on
landform/aesthetics
and
biology
are
acceptable
due
to
overriding
considerations,
in
that
the
benefits
of
the
project
outweigh
the
remaining
impacts.
The
facts
supporting
this
finding
are
as
follows:
1. 2.
The
project
implements
the
South
Poway
Planned
Community
which
preserves
the
existing
extractive
operation
and
contains
provisions
for
expanding
the
extractive
area
and
continuing
the
extractive
activity.
The
project
will
implement
an
environmentally
sensitive
reclamation
plan
that
will
prepare
the
site
for
ultimate
ATTACHMENT
C
April 4, 2023, Item #7
15 of28
Resolution
No.
P-91-48R
Page
2 open
space
and
light
industrial
land
uses
consistent
with
the
South
Poway
Planned
Community.
3. 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.
4. The
project
provides
beneficial
use
of
the
underlying
regionally
significant
MRZ-2
aggregate
resource.
Aggregate
is
an
important
resource
to
the
community
and
region
used
in
construction.
In
1984,
the
City
Council
recognized
the
need
to
designate
areas
for
construction
aggregate
to
service
future
development
in
northern
San
Diego
County
over
the
next
50 years.
s.
Allowing
the
continued
extraction
of
aggregate
at
the
CalMat-Poway
site
would
reduce
regional
impacts
to
air
quality,
energy,
traffic,
utilities,
and
economics,
resulting
from
the
increased
travel
distance
and
cost
should
an
alternate
site
be
selected.
6. The
project
implements
partial
mitigation
of
the
impact
on
a
regionally
significant
mineral
resource
(aggregate)
by
the
development
of
the
South
Poway
Industrial
Park.
7. The
project
will
maintain
and
generate
long-term
employment
opportunities
within
the
City
of
Poway.
8. The
project
will
generate
fees,
taxes
and
other
recurring
revenues
which
will
exceed
the
cost
of
the
City
providing
services
to
the
project.
Section
2:
Findings:
The
City
Council
makes
the
following
findings
in
regard
to
Conditional
Use
Permit
89-05.
1. That
the
location,
size,
design,
and
operating
characteristics
of
the
proposed
use
will
be
conditioned
to
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses,
residents,
buildings,
structures,
or
natural
resources,
in
that
the
conditions
of
approval
and
mitigation
monitoring
program
will
insure
compatibility
with
the
neighboring
property
owners.
The
conditional
use
permit
implements
the
South
Poway
Planned
Community
which
designates
the
site
as
an
ongoing
extract!
ve
operation
with
the
potential
for
expansion.
The
ultimate
land
uses
are
designated
as
Open
Space
for
the
lower
elevations
of
the
site
and
Light
Industrial
for
the
upper
elevations
within
the
South
Poway
Industrial
Park.
April 4, 2023, Item #7
16 of
28 Resolution
No.
P-91-48R
Page
3 2.
That
the
harmony
and
scale,
bulk,
coverage,
and
density
is
consistent
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
resources].
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.
3. That
there
are
adequate
public
facilities,
services,
and
utilities
available
to
the
aggregate
operation.
Water
conservation
measures
will
be
incorporated
and
reclaimed
water
utilized
once
it
becomes
available.
4. That
there
will
not
be
a
harmful
effect
upon
desirable
neighborhood
characteristics,
in
that
the
hours
and
mode
of
operation
for
the
aggregate
facilities
are
conditioned
to
minimize
nuisances
to
the
surrounding
neighborhood.
Reclamation
including
revegetation
of
reclaimed
slopes
is
proposed
to
minimize
visual
impacts
of
the
extractive
process.
s.
That
the
generation
of
traffic
will
not
adversely
impact
the
surrounding
roads
and/or
the
City's
Circulation
Element,
in
that
the
construction
of
the
private
access
road
will
commence
within
60 days
of
CUP
approval
and
any
other
needed
City
approvals,
and
that
the
road
will
be
completed
and
in
service
no
later
than
60 days
after
commencement
of
construction,
after
which
time
all
truck
and
employee
traffic
will
be
diverted
from
Beeler
canyon
Road
and
Creek
Road.
Improvement
and
repair
of
Creek
Road
between
the
northwest
end
of
Beeler
Canyon
Road
and
Pomerado
Road
is
also
required.
6. 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
measures
assure
that
the
intensity
of
use
is
reasonably
compatible
with
neighboring
property
uses.
7. That
there
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources,
in
that
the
continued
aggregate
operation
would
make
use
of
natural
resources
for
construction
products
and
maintenance
of
existing
public
and
private
facilities;
the
environmental
effects
were
extensively
reviewed
in
the
subsequent
EIR
April 4, 2023, Item #7
17 of
28 Resolution
No
·.
P-91-48R
Page
4 and
only
two
factors
were
found
to
be
unmitigable,
namely
aesthetics/landform
alteration
and
biological
impacts.
8. That
there
are
no
other
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated
beyond
the
two
previously
mentioned,
as
identified
and
discussed
in
the
Final
Subsequent
Environmental
Impact
Report
for
the
subject
project,
which
was
reviewed
and
considered
by
the
City
Council
and
was
certified
as
complete
and
adequate
for
the
proposed
conditional
use
permit
by
Council
Resolution
No.
90-163,
and
that
the
use
of
the
property
for
an
aggregate
operation
is
an
appropriate
use
in
that
the
property
was
designated
in
1982
by
the
California
Department
of
conservation,
State
Mining
and
Geology
Board,
as
an
area
of
regionally
significant
resource,
aggregate,
and
is
designated
in
the
South
Poway
Planned
Community
as
an
area
of
resource
recovery
(extraction).
9. That
the
proposed
use
will
not
adversely
affect
the
City
of
Poway
General
Plan
nor
the
South
Poway
Specific
Plan
for
future
as
well
as
present
development,
in
that
the
specific
plan
addressed
the
existence
of
the
aggregate
operation
in
1985
and
anticipated
continued
operation
and
potential
expansion
subject
to
a
reclamation
plan
and
conditional
use
permit.
10. This
approval
does
not
include
the
proposed
asphal
tic
concrete
plant.
Any
amendment
of
this
CUP
must
comply
with
the
South
Poway
Specific
Plan
as
it
may
be
amended
from
time
to
time.
Approval
of
any
amendment
of
this
CUP
shall
be
at
the
discretion
of
the
City
Council.
11. The
approval
of
this
conditional
use
permit
satisfies
the
mitigation
measures
of
the
1985
EIR
for
the
South
Poway
Planned
Community.
Section
3:
City
Council
Decision:
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
320-031-03),
a
66 acre
parcel
(APN
320-031-04)
and
a
17 acre
parcel
(APN
320-031-06),
subject
to
the
following
conditions:
1 .
Within
3 O
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
Understanding
of
conditions
and
the
Covenant
on
Real
Property.
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
5 2.
This
approval
is
for
the
proposal
submitted
by
CalMat
and
described
in
the
Subsequent
EIR,
except
without
an
asphalt
concrete
plant,
which
would
allow
continued
operation
within
the
existing
boundaries
of
the
83 acre
site
(APN
320-031-03),
expansion
to
the
66 acre
parcel
(APN
320-031-04)
and
construction
of
a
portion
of
the
access
road
on
the
17 acre
parcel
to
the
west
(APN
320-031-06).
3. 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.
5. All
structures
and
use
of
the
premises
shall
be
in
conformance
with
a
revised
site
plan
to
be
submitted
within
90 days.
6. Applicant
shall
pay,
at
the
time
of
the
development
of
its
industrial
lots,
pro
rata
share
of
$67,463.20,
adjusted
per
annum
based
upon
Engineering
News
Record
Index,
toward
the
development
of
a
five
acre
park
in
the
South
Poway
Planned
Community.
7. Obtain
building
permits,
as
appropriately
required,
from
the
City
of
Poway
and
comply
with
the
regulations
of
the
Industrial
Safety
Division
of
the
Occupational
Safety
and
Health
Administration
for
new
or
used
plant
facilities
installed
on
the
site.
a.
Submit
payment(s)
for
consultant
costs
within
two
weeks
of
receipt
of
written
requests
with
invoices.
APPLICANT
SHALL
CONTACT
THE
DEPARTMENT
OF
PLANNING
SERVICES
REGARDING
COMPLIANCE
WITH
THE
FOLLOWING
CONDITIONS:
BIOLOGY 1.
Conduct
salvage
operations
for
San
Diego
Barrel
Cactus
specimens
identified
by
the
springtime
biological
survey
and
transplant
onto
adjacent
open
space
or
other
suitable
locations
within
the
open
space
areas
of
the
South
Poway
Specific
Plan.
Transplant
some
cactus
specimens
to
the
future
reclaimed
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
18 of
28 April 4, 2023, Item #7
Resolution
No.
P-9l-48R
Page
6 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
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
inadvertent
disturbance
of
the
habitat.
3. Submit
a
Diegan
Coastal
Sage
Scrub
habitat
restoration
plan
within
one
year.
Long-term
biological
monitoring
is
required
per
the
Subsequent
EIR,
including
the
preparation
of
status
reports
to
be
reviewed
by
the
City
on
an
annual
basis
for
a
minimum
of
20 years
and
potential
extensions
at
each
five
year
review
period.
The
plan
is
to
be
prepared
by
a
qualified
biologist
working
with
a
revegetation
specialist
or
certified
landscape
architect.
4. 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.
5. Maintain
3. 8
acres
of
viable
Southern
California
Grassland
and
43,1
acres
of
Diegan
Coastal
Sage
Scrub
on-site
at
all
times
during
the
life
of
the
use
permit.
MITIGATION
MONITORING
Site
shall
be
developed
in
compliance
with
the
applicable
environmental
impact
mitigation
measures
identified
and
the
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
to
be
borne
by
the
applicant
shall
be
reviewed
by
the
applicant
prior
to
any
authorization
to
perform
services
or
works
associated
with
such
costs.
RECLAMATION
PLAN
Commence
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 1.
Submit
a
detailed
acoustical
report
to
determine
the
dimensions
of
the
acoustical
barrier
for
the
private
access
road.
19 of
28 April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
7 2.
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.
3. Maximize
the
use
of
storage
and
surge
piles
to
shield
noisy
equipment
(e.g.,
secondary
crushers
and
vibrating
screen).
4. All
operations
conducted
on
the
premises,
including
the
warming
up,
arrival,
and
departure
of
trucks
and
other
vehicular
equipment,
shall
be
limited
to
the
period
between
6:00
a.m.
and
6:00
p.m.,
Monday
through
Friday,
8:00
a.m.
and
6:00
p.m.
on
Saturday,
and
no
operations
shall
be
conducted
on
the
premises
on
Sundays.
The
hours
of
operation
are
suspended
for
emergency
situations
or
in
response
to
the
needs
of
governmental
agencies.
Maintenance
activities
may
continue
until
9:00
p.m.
on
designated
work
days.
s.
A
paging
system
or
approved
alternative
shall
be
used
so
as
not
to
produce
sounds
audible
beyond
the
boundaries
of
the
premises.
AIR
QUALITY
l.
Obtain
a
San
Diego
Air
Pollution
Control
District
Permit
(APCD)
for
authority
to
construct
and
an
APCD
permit
to
operate.
2. The
APCD
shall
monitor
emissions
on
an
annual
or
more
frequent
basis
to
ensure
that
the
plant
operates
as
designed.
3. 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.
4. 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.
5. 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.
6. Equipment
to
be
used
shall
be
as
required
by
the
Air
Pollution
Control
District.
7. 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
20 of
28 April 4, 2023, Item #7
Pollution Control Officer.
Resolution No. P-91-48R
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.
9. 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 other or additional methods as may be required by the Air Pollution Control Officer to control any excessive dust or air pollutant production which, in the opinion of the Air Pollution Control Officer, may develop or has developed.
LANDSCAPING
1. 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 constructed along the access road.
2. 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 necessary to maintain the landscape screen.
3. All landscaped areas shall be maintained in a heal thy and thriving condition at all times.
WATER AND WATER QUALITY
1. Provide copies to the Planning Services Department of the permit renewals for waste discharge requirements from the state Regional water Quality Control Board.
2. 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.
3. 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 conservation offset per Ordinance 336, as amended, in the event a larger water meter is necessary. 21 of 28
April 4, 2023, Item #7
VISUAL
Resolution No. P-91-48R
1. Non-operating equipment, vehicles, junk, or other refuse shall not be stored or allowed to exist on the premises.
2. All 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 COMPLIANCE
1. 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.
2. This permit is subject to five year reviews for compliance with prior conditions and to add new conditions as necessary to ensure compliance with changes in state, Federal, or local laws.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
ROADS AND TRAFFIC
1. 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.
2. The applicant shall verify that Beeler Canyon Road was graded to 28 feet with adequate base to the satisfaction of the City Engineer.
3. 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.
4. Commence construction of the private access road from the plant site to the northerly property line within 60 days of CUP approval and any other needed City approvals. The road is to be completed and in service no later than 60 days after commencement of construction.
5. Truck traffic is limited to 730 trips per day averaged over a monthly period for working days. Periodic •no-notice• truck counts will be conducted by the City. In addition, CalMat shall maintain truck trip logs of the number and types of trucks entering and leaving the site with copies provided to the Engineering Services Department upon request.
22 of28
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
10 6.
All
truck
and
employee
traffic
shall
utilize
the
Kirkham
Way
entrance
upon
completion
of
the
new
access
road.
7. The
on-site
access
road
shall
be
well
maintained
at
all
times
to
meet
Industrial
Mine
Safety
and
Heal
th
Administration
(IMSHA)
requirements.
8. Construction
of
industrial
buildings
is
prohibited
on
the
future
industrial
lots
to
be
created
by
the
reclamation
activity
along
the
northerly
line
until
mining
and
processing
activities
on
the
project
site
have
been
completed,
or
CalMat
terminates
operations
under
the
permit.
Any
change
from
this
condition
would
have
to
be
specifically
approved
by
the
City
Council.
9. 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
I-15.
FLOODWAY 1.
Future
modifications
to
the
Beeler
Creek
floodway
shall
be
in
accordance
with
the
September
1987
report
of
Dr.
Howard
Chang
which
contained
water
surface
profile
calculations
to
determine
the
floodway,
100
year
flood
levels,
velocities,
and
effect
on
neighboring
properties.
All
permanent
structures
are
to
be
constructed
above
the
100-year
flood
level.
2. The
City
of
Poway
will
vacate
the
existing
flowage
easements
in
favor
of
a
new
flowage
easement
to
be
dedicated
by
CalMat.
New
flow
age
easement
is
to
be
defined
in
accordance
with
requirement
set
forth
in
Condition
No.
1 directly
preceding
this
condition.
3. Settling
ponds
shall
be
in
conformance
with
the
approved
plot
plan.
4. If
necessary,
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
Services.
s.
If
necessary,
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.
23 of
28 April 4, 2023, Item #7
WATER SUPPLY AND SEWAGE DISPOSAL
Resolution No. P-91-48R
1. 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.
2. 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.
3. 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.
GRADING AND STOCKPILING
1. 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.
2. 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.
3. 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.
4. 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 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 DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. 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
24 of 28
April 4, 2023, Item #7
Resolution
No.
P-91-48R
Page
12 lockable
gate
or
alternative
suitable
to
the
Director
of
Safety
Services.
2. The
Beeler
Canyon
Road
access
shall
be
secured
by
lockable
gate
or
alternative
suitable
to
the
Director
of
Safety
Services
upon
completion
of
the
private
access
road
from
Kirkham
Way.
3. Submit
a
business
plan
including
a
spill
prevention
control
and
countermeasure
plan
to
the
County
Health
Department
for
fuels
and
other
hazardous
materials
kept
on
the
site.
4. The
addition
of
a
temporary
on-site
water
storage
tank
is
required
until
a
water
line
of
sufficient
size
is
available
to
provide
adequate
flow
for
a
fire
hydrant.
The
location
and
size
of
the
water
storage
tank
and
future
hydrant
shall
be
determined
by
the
City
Fire
Marshal.
APPROVED
and
ADOPTED
by
the
City
Council
of
the
City
of
Poway,
state
of
California,
this
20th
day
of
August,
1991.
ATTEST:
Clerk
25 of
28 April 4, 2023, Item #7
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Resolution No. P-91-48R
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-91-48R , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of __ August , 1991, and that it was so adopted by the following vote:
26 of 28
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
. wahlsten, City Clerk
way
April 4, 2023, Item #7
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27 of
28 'iZ
FJOWAY
PLANT
r+lll I
~Ill
RECLAMATION
PLAN
FINAL
LAND
FORM
CALMAT
CO.
P.O.
BOX
3098
SAN
DIEGO,
CALIFORNIA
92103
ENGINEERS NAME:
BEMENT
DAINWOOD
STURGEON
6859
FEDERAL
BOULEVARD
LEMON
GROVE,
CA
92045
ATTACHMENT
D
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mE
~-19-87
'NT
J-ll-88
A~ENT N
'Mfi,
ROBERT
IMLER
CALMAT
CO.
AOOREss:
P.O.
BOX
579
POWAY
,
CA
.
92064
11.12,
'J'.IR
April 4, 2023, Item #7
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