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The Basics: The City gives special permission to Superior Ready Mix to operate in an area that is not zoned for extractive industries on the condition that Superior agrees to protect the community and the environment from harm that could be caused by its operations.
What is the CUP? The CUP is like a contract between the City and Superior Ready Mix which includes these provisions:
(view entire CUP) Can the CUP take away rights?
The CUP cannot take away or override the rights granted to the people by the Federal or State government in order to accommodate Superior or its products. It can, however, impose restrictions on the operations of Superior Ready Mix in order to protect the nearby neighborhood. Are there some fundamental rights the community should know? • Superior is obligated to uphold all Federal, State, City and CUP regulations. • Superior is not allowed to be a nuisance to the community. • Superior is not allowed to endanger the health or general welfare of the community. • Superior is not allowed to harm/damage property in the neighborhood. What potential dangers could there be in having Superior Ready Mix next door? Flyrock (uncontrolled rock discharged during a blast) can be deadly. Emissions can be harmful, toxic, and/or annoying. Fugitive dust can settle in the neighborhood and become a nuisance. Odors can be foul. Noise can make nearby living conditions very unpleasant. Vibrations from operations and especially from blasting can cause damage to homes. Truck traffic can carry asphaltic odors as well as create noise and bring tracked-out sediment to Mission Gorge Road where it enters the stormwater system. How does the CUP protect the community from these potential dangers? The CUP lists specific conditions that Superior Ready Mix must comply with. The owners of the facility or land must sign that they promise to fulfill each and every condition listed in a newly issued CUP. What kind of conditions are listed in the Conditional Use Permit?
The CUP currently has 37 conditions. The conditions describe issues like what activities can take place on the land (asphaltic and concrete processing, mining), what hours equipment can operate, what needs to be done with land reclamation after the land is mined. It also lists items that the Air Pollution Control District will review or enforce. It makes assurances that the facility will be in conformity with the land use. It lists some very specific items and operations along with generalities. It lists an expiration date (2033, but it most likely will be renewed) and generally describes where the property is located. Does the CUP provide for periodic review? YES! Condition #4 states there will be an annual review of ALL conditions of the CUP. Unfortunately, until residents recently took this issue up with the City in 2022, this review was NOT being done. It had not been done for at least 20 years. Had the residents not found out about the CUP, read it, and demanded action, this review most likely would still be ignored. Why is the CUP review important? During the annual review, the City looks at how well SRM has been in compliance with each of the conditions of the CUP. It also looks to see if any changes are needed. Very importantly, the review process gives affected residents a chance to have input. What's the difference between a review and a "full" review? There are two types of reviews required in the CUP.
A review of ALL conditions, even though it is required annually, apparently had not been done in over 20 years. It might be 20 years late, but we are very encouraged that it is finally happening, and we are grateful to the people at the City who have helped this along. |
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Click below to download a complete copy of the 1990 (most current) CUP and the associated resolution that introduced it.
| 1990_cup_with_resolution.pdf |