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Home My WebLink About2004-12-01; Planning Commission; ; EIR 03-04|CUP 260C - PALOMAR TRANSFER STATION.. he City of Carlsbad Planning Departme, A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: December 1, 2004 ItemNo.@ Application complete date: February 27, 2003 Project Planner: Elaine Blackburn Project Engineer: Jeremy Riddle SUBJECT: EIR 03-04/CUP 260{C) -PALOMAR TRANSFER STATION -Request for a recommendation of certification of an Environmental Impact Report, a recommendation of adoption of the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit Amendment and a ten-year time extension to allow an expansion and continued operation of the Palomar Transfer Station on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5799 RECOMMENDING CERTIFICATION of EIR 03-04 and RECOMMENDING ADOPTION of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolution No. 5800 RECOMMENDING APPROVAL of CUP 260(C) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This project application involves a request for physical and operational changes to the existing Palomar Transfer Station and a ten-year time extension. The proposed changes include: an expansion of the Conditional Use Permit ( CUP) area; an expansion of the transfer area building; provisions for traffic/circulation system improvements; an increase in the facility's capacity; and revised days and hours of operation. A trash transfer station was originally permitted on this site in 1977, and there have been various extensions and amendments (including a new permit number) granted for the facility since that time. (See Table 1 "Project Permit History" in Section III.C of this report for permit history details.) The proposed changes require approval of a CUP Amendment and certification of an Environmental Impact Report (EIR). (Typically, CUPs are decided by the Planning Commission; however, this project requires City Council approval pursuant to the related franchise agreement.). There are no unresolved issues associated with the proposed project. III. PROJECT DESCRIPTION AND BACKGROUND A. Project Description This project application involves both physical and operational changes to the existing Palomar Transfer Station and a time extension. The changes include an expansion of the CUP area to l' . .., EIR 03-04/CUP 260(C)--LOMAR TRANSFER STATION • December 1, 2004 Pae 2 incorporate a 3.9 acre unpaved portion of the parcel for bin storage, truck parking and related activities; an expansion of the transfer area building to increase the tipping floor space and the addition of a new load-out bay; provisions for traffic/circulation system improvements; revised conditions to allow the facility to operate at the proposed design capacity (14,000 tons per week at an average of 2,000 tons per day but not to exceed 2,250 tons per day); and revised days and hours of operation, including the potential to be open for public operations seven days per week. As part of the project design, the applicant is proposing street improvements in the general area of the facility to ensure that the expanded facility continues to function compatibly with surrounding uses and the street system. Physical Changes The first physical change proposed involves paving a 3.9-acre undeveloped portion of the subject parcel to allow for bin storage, truck parking, and related activities. The 3.9-acre portion lies between the existing transfer station CUP boundary and the intersection of Faraday A venue and Orion Street. This 3.9-acre area has been used informally in recent times for bin storage but was not included within the approved CUP boundaries when the project was last approved. The proposed CUP amendment would incorporate the 3.9-acre area within the CUP boundaries. The proposed modification of that area would include paving to provide 47 parking spaces for collection trucks and 4 parking spaces for service trucks. Existing collection trucks currently park south of the proposed parking/bin storage area. The proposed change would allow the southern area to be converted to a vehicle stacking area/queuing lane to provide better on-site circulation. Existing Orion Street would be widened and a curb, gutter and sidewalk would be added along the Orion Street frontage. Also, two new lanes would be added on the east side of Orion Street (on the project site) to provide queuing space for vehicles entering the facility. Street-frontage landscaping, including vegetated berms, would be placed adjacent to the new paved area along Orion Street and Faraday A venue to properly screen on-site uses. The project design also includes preservation of a small disturbed area of coastal sage scrub on the north side of the property adjacent to future Faraday Avenue. The existing scale area would also be changed. The transfer station currently contains two scales to weigh the collection trucks entering and exiting the transfer station. An additional entry/exit scale would be provided to improve on-site circulation for the collection trucks and the public. Two on-site vehicular queuing lanes would be added adjacent to the east side of Orion Street to facilitate circulation and provide enhanced access to the facility. Another physical change would include an expansion of the existing building area by a total of 6,784 square feet to increase the tipping floor space and add another transfer truck load-out bay. The purpose of this addition is to accommodate the proposed increase in the station's capacity from 800 tons per day (TPD) to a maximum of2,250 TPD. Another proposed physical change would involve locating a waste oil collection station adjacent to the existing buy back center to accommodate the increased need for acceptance of used waste oil and oil filters from the public and the City of Carlsbad fleet vehicles. EIR 03-04/CUP 260(C)--LOMAR TRANSFER STATION • December 1, 2004 Pae 3 Operational Changes The first operational change being proposed is a change in the limits on the amount of material that can be processed through the facility. Pursuant to the last approved CUP Amendment (CUP 260(8)) for the facility, the maximum allowed capacity for the Palomar Transfer Station is currently 800 tons of waste per day. The applicant is proposing to increase that limit to a maximum of 14,000 tons of waste per week, an average of 2,000 tons per day, not to exceed 2,250 tons per day. This increase is being proposed to facilitate the amount of solid waste expected to be generated as a result of increasing development occurring in the coastal North County areas. (The original EIR certified for this project in the late 1970s analyzed the project for a capacity of approximately 1,500 TPD.) The other operational changes include changes to the operations days and hours. The proposed increase in commercial operations and fleet maintenance would be necessary to facilitate the increased processing demands on the facility. The current and proposed days/hours of operation are as follows: Current operating days/hours: Commercial operations for collection and transport trucks, external traffic to and from the station, and internal activities are currently from 5:00 a.m. to 8:00 p.m. seven days a week. Public operations (self-haulers) are allowed from 7:30 a.m. to 4:00 p.m. Saturday and Sunday with the exception of holidays. Fleet maintenance activities are allowed from 7:00 a.m. to 12:00 a.m. (midnight) seven days a week. Proposed operating hours: Commercial operations for collection trucks are proposed for 5:00 a.m. to 8:00 p.m. seven days a week. Transport trucks ( external traffic to and from station) and loading of transport trucks (internal activity) operations are proposed for 24 hours a day, seven days a week. a) Public access is proposed for up to seven days a week 7:00 a.m. to 4:00 p.m. Monday through Friday, and 7:30 a.m. to 4:00 p.m. on Saturday and Sunday. b) Fleet maintenance activities are proposed for 5 :00 a.m. to 1 :00 a.m. seven days a week. The project will require issuance of a Grading Permit. Grading volumes for the project are 4,500 cubic years (CY) of cut, 3,500 CY of fill, and 1,000 CY each of export and import. Time Extension The project also includes a request to extend the amended CUP for 10 years. Because the current CUP expired during the processing of this proposed project, any extension of time would be retroactive from March 5, 2002 (the date on which CUP 260(8) expired). The application was EIR 03-04/CUP 260(C) -'LOMAR TRANSFER STATION • December 1, 2004 Pa e4 submitted on March 4, 2002 and was deemed complete on February 27, 2003. The processing timeframe was extended, by mutual agreement between the City and the applicant, due to management changes at the transfer station and revisions to the site plan to better meet the anticipated facility needs. The City began the EIR process when the applicant submitted the required EIR deposit in May 2003. The preparation time for the Draft EIR was also extended because of changes in the project description that were made after the Draft EIR had been partially written. That resulted in the need to obtain updated technical studies and the rewriting of some parts of the Draft EIR before it could be released for public review. Staff supported the changes made to the project description and believes the changes ultimately resulted in a project which better anticipates the future needs of the facility and the community. As stated above, any approval of a 10-year time extension would be retroactive. Thus, approval of a 10-year time extension would result in a new expiration date of March 4, 2012 (effectively 7 years, 3 months and 5 days remaining from December 1, 2004). B. Site Description The proposed project site is an approximately 11-acre parcel of land (a financial parcel) that is part of a much larger (approximately 203-acre) parcel. The 203-acre parcel is owned by the County of San Diego. The existing trash transfer station occupies approximately seven acres of the 11-acre parcel. That portion of the site is fully developed with the existing transfer station. The remaining 3.9-acre area being proposed for inclusion in the CUP lies between the existing transfer station and the intersection of Faraday A venue and Orion Street to the northwest. The 3.9-acre area is currently unpaved and unimproved. The project site has a Planned Industrial (PI) General Plan designation and Industrial (M) zoning. The properties to the north have a Governmental Facilities (G) General Plan designation and Industrial with Qualified Overlay (M-Q) and Open Space (OS) zoning. These properties are developed with the City's Fire Station No. 5 (on Orion Way) and the Beckman-Coulter facility (to the northwest). The property to the east has a PI General Plan designation and OS zoning. This area is undeveloped and is part of an open space preservation area identified in the Habitat Management Plan (HMP) as "Core Area 5." The properties to the south have PI and G General Plan designations and have M-Q and OS zoning. The area to the southwest (across Orion Street) is developed with the Carlsbad Municipal Water District (CMWD) offices, and the area to the southeast is undeveloped and is also part of the HMP "Core Area 5" open space preservation area. The property to the west has a General Plan designation of PI and has M-Q zoning. These properties are developed with the City's Hiring Center and the Fed Ex campus. C. Background/Permit History The Palomar Transfer Station has operated as an integral part of the existing solid waste disposal system in the North County since about 1977, facilitating the handling of residential and commercial waste as well as recyclables. Solid waste is collected by commercial haulers or brought in by private individuals and deposited at the facility. The waste is then transferred to trailers that haul it to landfills within the county for final disposal. The facility also includes a recycling/buy back center open to the general public and storage, repair, paint and wash rack areas for the truck fleet that was incorporated into the existing facility by CUP 260. EIR 03-04/CUP 260(C)--LOMAR TRANSFER STATION - December 1, 2004 Pae 5 The County of San Diego (Airport Division) is the property owner of the Palomar Transfer Station. The site is leased to the City of Carlsbad, which then sublets the site to the Palomar Transfer Station, Inc. (a wholly owned subsidiary of Allied Waste Industries, Inc.) for the operation of the transfer station. As the operator, Palomar Transfer Station, Inc. will continue to comply with Federal Aviation Administration (FAA) requirements and the McClellan-Palomar Airport Industrial and Aviation Area Development and Performance Standards as well as local and state operating requirements. Additionally, Palomar Transfer Station, Inc. has entered into a sublease agreement with Waste Management, Inc. to use a portion of the property for bin storage/repair and fleet maintenance. The transfer station currently accepts 800 tons of solid waste per day and operates within the parameters of the last approved CUP Amendment (CUP 260(B)). There have been no known recent complaints regarding the operation of this facility. With the continued growth in the city of Carlsbad and the surrounding communities, it is expected that the existing tonnage amount will be exceeded forcing the short distance haulers to drive further with small loads in order to deposit the waste collected. Therefore, the applicant is proposing to modify the existing facility to accept the expected increase in solid waste in order to reduce overall impacts to circulation and air quality that would be created by the small collection trucks driving greater distances to the landfills. Table 1 (below) describes the various City permit applications and actions that have occurred over the years. Table 1: PROJECT PERMIT HISTORY PROJECT NUMBER APPROVALS DESCRIPTION CUP 140 September 1977 Construction and operation of waste City Council transfer station and shredder (no time limit) CUP 140(A) November 1981; To allow recycling (7 year time limit) Planning Commission CUP 140(B) February 1982 To amend conditions (7 year time limit) Planning Commission CUP 260* December 1984 To operate waste transfer station onsite Planning Commission (use previously abandoned) (5-year time limit) CUP 260xl October 1989 5-year extension of CUP Planning Commission CUP 260(A) Withdrawn, May 1991 Parking amendment CUP 260x2 November 1994 5-year extension of CUP and revised Planning Commission conditions CUP 260(B) March 1997 Amendment to tipping floor, new parking Planning Commission area, increased capacity (to 800 TPD), revised days/hours of operation, and 5- year time extension (to March 2002). * A new application number was assigned because the facility had not been in operation for approximately two years, effectively nullifying CUP 140(B). EIR 03-04/CUP 260(C)-,LOMAR TRANSFER STATION • December 1, 2004 Pae 6 IV. ANALYSIS The project is subject to the following regulations and requirements: A. Carlsbad General Plan Planned Industrial (PI) designation; B. Industrial (M) Zone regulations (Chapter 21.32 of the Carlsbad Municipal Code); C. Conditional Use regulations (Chapter 21.42 of the Carlsbad Municipal Code); D. Inclusionary Housing regulations (Chapter 21.85 of the Carlsbad Municipal Code); E. McClellan-Palomar Airport Comprehensive Land Use Plan; and F. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Staff has analyzed the proposed project (the expansion of the existing trash transfer facility) for consistency with the City's General Plan. Staff has concluded that the project is consistent with the PI General Plan designation as discussed in Table 2, below. Table 2 -GENERAL PLAN CONSISTENCY ELEMENT USE, GOAL, PROPOSED USES OR CONSISTENT? OBJECTIVE, OR IMPROVEMENTS PROGRAM Land Use, Industrial, "To provide industrial The proposed project Yes Objective B. l lands which can involves the expansion accommodate a wide and continued operation range of industrial of the existing trash uses, including those transfer facility, which is of relatively high an allowed use under the intensity, while PI designation as minimizing negative implemented by M impacts to zonmg. surrounding land uses." Land Use, Growth "A City that The requested use Yes Mgmt and Public responsibly deals with expansion is being Facilities, Goal A.3 the disposal of solid proposed in order to deal and liquid waste." with the amount of solid waste expected to be generated by continued growth in the area. EIR 03-04/CUP 260(C)-.LOMAR TRANSFER STATION - December 1, 2004 Pae 7 B. Industrial (M) Zoning The existing transfer station is permitted in the M (Industrial) Zone subject to approval of a Conditional Use Permit. Because there is no residentially zoned property adjacent to the transfer station, there are no setback requirements or building placement requirements/restrictions that apply to the project. The transfer facility, as modified by this amendment, would remain in compliance with all applicable requirements of the M Zone as demonstrated in Table 3, below. (See Section IV.C of this report for further related discussion.) Table 3 -INDUSTRIAL ZONE & PARKING COMPLIANCE STANDARD REQUIRED/ALLOWED PROVIDED Use Conditionally allowed use Conditionally allowed use Minimum Lot Area NIA 10.98 ac Maximum Lot Coverage NIA 11.71 % Maximum Building Height 35 ft./3 levels with protrusions 45 ft. ( at highest point from to 45 ft. per Sec. 21.46.020 lowest grade) Minimum Front Yard None required unless 210 ft. (Orion right-of-way to incorporated by CUP existing scale house) 185 ft. (Orion right-of-way to proposed scale house) Minimum Side Yards None required unless 60 ft. ( southeast side; lease incorporated by CUP parcel line to existing paint booth) 60 ft. (no change) Minimum Rear yard NIA 145 ft. ( east side; lease parcel line to existing tipping floor) 100 ft. ( east side; lease parcel line to proposed tipping floor) C. Conditional Uses Conditional uses such as the existing transfer facility possess unique and special characteristics which make it impractical to include them as permitted uses "by right" in the various zoning districts. Staff has reviewed the proposed CUP Amendment and has concluded that the necessary findings can be made as discussed in detail in Table 4, below. EIR 03-04/CUP 260(C) -'LOMAR TRANSFER STATION - December 1, 2004 Pae 8 Table 4 -CONDITIONAL USE PERMIT FINDINGS AND RESPONSES FINDING RESPONSE That the requested use is necessary or The transfer station use provides a needed service desirable for the development of the for the community by storing collected trash for community, is essentially in harmony with more efficient transfer to disposal sites. The use is the various elements and objectives of the located on a site designated by the General Plan for General Plan, including, if applicable, the industrial (PI) uses and is in an area designated by certified local coastal program, and is not the General Plan as least desirable for residential detrimental to existing uses or to uses uses (sites in the general area of the flight path of the specifically permitted in the zone in which airport). The property is also zoned for industrial the proposed use is to be located. uses (M zone). Therefore, the use is consistent with the General Plan. The project site is surrounded by areas zoned for open space or industrial uses. Much of the surrounding area is undeveloped. The developed sites contain industrial type uses ( e.g., the CMWD office and equipment storage yard, Safety Center, etc.). Therefore, the facility is not detrimental to any existing uses or permitted uses in the area. That the site for the intended use is The proposed amended use can be accommodated adequate in size and shape to within the proposed site boundaries. The proposed accommodate the use. expanded site will accommodate the existing facility and provide area for additional parking, improved internal circulation, and expanded public and internal activities (additional floor area and a new tipping bay). That all of the yards, setbacks, walls, All of the yards, setbacks, walls, fences, fences, landscaping, and other features landscaping, and other features necessary to necessary to adjust the requested use to accommodate the amended use will be provided and existing or permitted future uses in the maintained. The modifications to the facility would neighborhood will be provided and occur within the proposed CUP boundaries, thus maintained. requiring no additional adjustments. A new chain link fence and perimeter landscaping (including vegetated berms) will enclose the new parking/bin storage area. Otherwise, no new yards, fences, or other features are needed to accommodate the use to the area. That the street system serving the The street system serving the amended use will be proposed use is adequate to properly adequate to properly handle all traffic (1,045 ADT) handle all traffic generated by the to be generated by the use. The project design proposed use. includes the widening of Orion Street and the addition of curb, gutter, and sidewalk. Additionally, two new project entrance lanes would be provided on the project site to ensure that any queuing does not negatively impact the function of Orion Street. Mitigation for any traffic impact may be achieved through payment of traffic impact fees. EIR 03-04/CUP 260(C)-,LOMAR TRANSFER STATION - December 1, 2004 Pae 9 D. Inclusionary Housing The proposed use expansion is non-residential in nature. Consequently, the project has been conditioned to pay a non-residential inclusionary housing linkage fee, should the City establish such a fee before a Building Permit has been issued for the project. E. McClellan-Palomar Airport Comprehensive Land Use Plan The project site is within the Airport Influence Area of McClellan-Palomar Airport. A small comer of the project site (which does not contain any structures or other identified work areas) is also within the Flight Activity Zone. No portion of the project site is within any identified noise contour line (i.e., 60 dBA CNEL or higher) of the airport. The proposed structural changes would all be consistent with the applicable development standards of the M zone, including the M zone height restriction of 35 feet/3 levels with protrusions (i.e., not usable floor area) allowed up to 45 feet. The proposed amendments would also not substantially increase the number of people working in the project area. The number of employees (fewer than 100) working at the project site does not constitute a large assemblage of people. Therefore, the proposed project ( operational and structural changes and the expansion) would not result in a safety hazard for people residing or working in the area. The proposed project was submitted to the Airport Land Use Commission (ALUC) for its review and determination regarding consistency with the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). The ALUC heard the item at its hearing on October 4, 2004 and found that the project was conditionally consistent with the CLUP, calling out two conditions of approval that would need to be applied to the project. The first condition limits the number of people on the site to no more than 100. The second condition reiterates the limitation on uses to those that will not interfere with aircraft activities/safety. Both of those conditions have been included in the attached resolution approving the project. F. Growth Management The proposed project is located within Local Facilities Management Zone 5 in the northeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 5 below. Table 5: GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration NIA NIA Library NIA NIA Waste Water Treatment No demand increase Yes Parks $.40/SF Yes Drainage .5 CFS; Basin BP Yes Circulation 1,045 ADT Yes Fire Station No. 5 Yes Open Space NIA Yes Schools Statutory Fee Yes Sewer Collection System 4EDU Yes Water No demand increase Yes EIR 03-04/CUP 260(C)-,LOMAR TRANSFER STATION - December 1, 2004 Pa e 10 V. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. To determine the areas of potential impact, city staff prepared an initial study and issued a Notice of Preparation (NOP) on July 25, 2003, distributing it to all Responsible and Trustee Agencies, as well as other agencies and members of the public. Comment letters received on the NOP include responses from: California Integrated Waste Management Board, Department of Toxic Substances Control, and the San Diego Archeological society. Staff also conducted a public scoping meeting in order to increase opportunities for public input. The public scoping session took place November 12, 2003 at the City's Community Development Building. One person from the public signed in at the scoping session. No comments were provided by the public at the scoping meeting. After consideration of all of the foregoing, city staff developed a detailed scope of work for the EIR. The Palomar Transfer Station EIR analyzed the following areas of potential environmental impact: Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology, Soils, and Mineral Resources Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Noise Population and Housing Public Services Recreation Traffic and Circulation Public Utilities Systems Additionally, the Draft EIR includes other sections required by CEQA such as an Executive Summary, Introduction and Project Description, Environmental Setting & Impact Analysis, Growth Inducing Impacts, Significant Irreversible & Irretrievable Commitment of Resources, Cumulative Impact Analysis, Alternatives Analysis and Mitigation Summary. The analysis contained in the EIR concluded, based upon field surveys, literature reviews and the previously prepared Initial Study, that the proposed project would result in no significant impacts to aesthetics, agricultural resources, cultural resources, geology soils & minerals, hazards & hazardous materials, land use & planning, noise, population & housing, public safety, recreation, traffic, and public utilities systems. Impacts to the remaining resources (air quality & odor, biological resources, and hydrology & water resources) were found to be less than significant when mitigation measures were incorporated. Table ES-1 within the EIR lists the mitigation measures identified for the project. Three project alternatives were considered in the EIR. They were a) the "No Project" alternative (i.e., no expansion of the existing facility site, operations, or capacity), b) a "Drainage Swale Avoidance" alternative, and c) a "Reduced Intensity" alternative (i.e., a maximum capacity of 1,500 TPD). The No Project alternative and the Reduced Intensity alternative were determined to be not superior because neither of those alternatives meets the basic project objectives of providing a trash transfer system which can handle the anticipated solid waste stream. The Drainage Swale Avoidance alternative would reduce potential impacts to hydrologic function. (The existing swale holds and filters storm water runoff from the site.) However, the biological EIR 03-04/CUP 260(C)-•LOMAR TRANSFER STATION December 1, 2004 Pa e 11 impacts were determined to be less than significant, so the environmental superiority of this alternative was very small. Additionally, the impacted hydrologic function could be replaced by storm water pollution prevention measures defined in the SWPPP prepared for the project. On June 7, 2004, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" commenced an initial 45-day public review and comment period initially expiring July 21, 2004. The City of Carlsbad received and accepted comments from The State of California Office of Planning and Research State Clearinghouse and Planning Unit on July 26, 2004, the City of San Diego Resource Management Division, Environmental Services Department on July 27, 2004, the County of San Diego Solid Waste Local Enforcement Agency on July 28, 2004 and a joint letter from the California Department of Fish and Game and U.S. Fish and Wildlife Service on July 28, 2004. The "Notice of Completion" advised that the Draft EIR was available at four locations: the City of Carlsbad Planning Department; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Library. Complete copies were also available for purchase, with or without the Appendices, through the Planning Department. A total of 7 comment letters were submitted. Responses were prepared and mailed individually to each of the commentors. The response transmittal letter also provided notice of the availability of the Final EIR. Included as a part of the Final EIR is a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is also attached to the Planning Commission Resolution for the EIR. ATTACHMENTS: 1. Planning Commission Resolution No. 5799 (EIR) 2. Planning Commission Resolution No. 5800 (CUP Amendment) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Statement 7. Reduced Exhibits 8. Full Size Exhibits "A" -"J" dated December 1, 2004 • EXHIBIT "EIR-A" CITY OF CARLSBAD RESOLUTION NO. 5799 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT for the ENVIRONMENTAL IMPACT REPORT (EIR 03-04) PALOMAR TRANSFER STATION EXPANSION (SCH No. 2003071175) SECTION 1.0 INTRODUCTION The Final Environmental Impact Report (hereafter "Final EIR" or "FEIR") has been prepared pursuant to the California Environmental Quality Act to address the potential environmental effects of the Palomar Transfer Station Expansion and associated actions (hereafter "Proposed Project") and considered by the City in connection with its public consideration of requested approval of the Proposed Project. While the full scope of the Proposed Project and associated approvals are more detailed in Section 1.3 below, the Proposed Project generally consists of a CUP amendment application (CUP 260(C)) to the City in order to allow the following changes to the existing operations of the Palomar Transfer Station: expansion of an existing solid waste transfer station from approximately 7.1 acres to 10.98 acres, modify the existing facility structures by the addition of one unloading bay so that the handling capacity of the transfer station increases from 800 tons of trash per day to an average of 2,250 tons per day, and changes to the operating hours. The Final EIR also analyzed the environmental effects of a range of project alternatives. The Final EIR and its technical appendices are incorporated herein by reference as though fully set forth. 1.1 PURPOSE AND LEGAL AUTHORITIES The California Environmental Quality Act (hereafter "CEQA") was adopted in 1970 and is codified in California Public Resources Code (PRC) §§ 21000 et. seq. CEQA is an important environmental law applicable to public agency decisions to carry out, authorize or approve projects that could have adverse effects on the environment. CEQA does not directly regulate project implementation or approvals through substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform themselves about the potential environmental effects of a proposed project, carefully consider all pertinent environmental information before they act, provide the public an opportunity to review and comment on any environmental issues, and include conditions or other requirements to avoid or reduce potential significant adverse effects of the project or action when feasible. The City has codified environmental protection procedures implementing CEQA and the state administrative guidelines issued pursuant to CEQA in Carlsbad Municipal Code Chapter 19.04. Chapter 19.04 provides for the protection and enhancement of the environment by establishing principles, objectives, criteria, definitions and procedures for evaluation of both public and private projects, implementing CEQA and the state guidelines and providing for the preparation and evaluation of environmental documents in accordance therewith. The City's consideration of Findings of Fact is a key step in the process of considering the approval of the Proposed Project while concurrently protecting and enhancing the environment. The applicable standards and scope of the City's responsibilities are detailed in the following excerpts from the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, §§ 15000 et. seq.; hereafter "Guidelines § 15040"). 1-1 Section 1.0 -Introduction Guidelines § 15040. Authority Provided by CEQA (a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws. (b) CEQA does not grant agency new powers independent of the powers granted to the agency by other laws. ( c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so. ( d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power. ( e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws. Guidelines§ 15041. Authority to Mitigate (a) A lead agency for a project has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law (Nollan v. California Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard, (1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854.). (b) When a public agency acts as a Responsible Agency for a project, the agency shall have more limited authority than a Lead Agency. The Responsible Agency may require changes in a project to lessen or avoid only the effects, either direct or indirect, of that part of the project which the agency will be called on to carry out or approve. (c) With respect to a project which includes housing development, a Lead or Responsible Agency shall not reduce the proposed number of housing units as a mitigation measure or alternative to lessen a particular significant effect on the environment if that agency determines that there is another feasible, specific mitigation measure or alternative that would provide a comparable lessening of the significant effect. Guidelines § 15042. Authority to Disapprove Projects A public agency may disapprove a project if necessary in order to avoid one or more significant effects on the environment that would occur if the project were approved as proposed. A Lead Agency has broader authority to disapprove a project than does a Responsible Agency. A Responsible Agency may refuse to approve a project in order to avoid direct or indirect environmental effects of that part of the project which the Responsible Agency would be called on to carry out or approve. For example, an air quality management district acting as a Responsible Agency would not have authority to disapprove a project for water pollution effects that were unrelated to the air quality aspects of the project regulated by the district. 1-2 Section 1.0 -Introduction Guidelines § 15043. Authority to Approve Projects Despite Significant Effects A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that: (a) There is no feasible way to lessen or avoid the significant effect (see Section 15091); and (b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See: Section 15093.) Guidelines § 15090. Certification of the Final EIR. (a) Prior to approving a project the lead agency shall certify that: (1) The final EIR has been completed in compliance with CEQA; (2) The final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and (3) The final EIR reflects the lead agency's independent judgment and analysis. (b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency's elected decision- making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city's planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals. Guidelines § 15091. Findings (a) (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: ( 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. 1-3 Section 1.0 -Introduction (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subsection (a)(l), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. ( e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Guidelines§ 15092. Approval. (a) (a) After considering the Final EIR and in conjunction with making findings under Section 15091, the Lead Agency may decide whether or how to approve or carry out the project. (b) (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. 1.2 ENVIRONMENTAL IMPACT REPORT PROCESS In accordance with CEQA, CEQA Guidelines and Carlsbad Municipal Code Chapter 19.04, the City prepared an Initial Study. Based on the Initial Study, the City concluded that the Proposed Project could have a significant impact on the environment and that preparation of an environmental impact report was necessary and issued its Notice of Preparation ("NOP") on July 25, 2003, distributing it to all Responsible and Trustee Agencies, as well as other agencies and members of the public. A number of written responses were received and the City scheduled a public scoping meeting in order to increase the opportunity for public input. At the scoping meeting held on November 12, 2003 agencies and the public were invited to comment on the scope and content of the EIR. No comments were received at this scoping meeting. 1-4 Section 1.0 -Introduction After consideration of the NOP and NOP comment letters, Initial Study, the City instructed that the Draft EIR analyze the potential for environmental impacts associated with the following 15 substantive potential impact areas in the Environmental Analysis section: • Aesthetic • Agricultural Resources • Air Quality/Odor • Biological Resources • Cultural Resources • Geology, Soils and Mineral Resources • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Traffic/Circulation • Public Utilities Systems Additionally, the Draft EIR was directed to include other CEQA substantive sections including Executive Summary, Project Description, Effects Found Not to Be Significant, Growth Inducing, Cumulative Effects, and Alternatives. The CEQA Guidelines identify several types of EIRs, each applicable to different project circumstances. This EIR has been prepared as a Project EIR, pursuant to Section 15161 of the CEQA Guidelines, which defines a Project EIR in the following terms: Guidelines§ 15161. Project EIR The most common type of EIR examines the environmental impacts of a specific development project. This type of EIR should focus primarily on the changes in the environment that would result from the development project. The EIR shall examine all phases of the project including planning, construction, and operation. On June 7, 2004, the Draft EIR was published and the City duly notified interested Responsible and Trustee Agencies, as well as other interested agencies and sent the State Clearinghouse 15 copies of the Draft EIR and a Notice of Completion (NOC). Additional copies of the Draft EIR were sent directly to Responsible and Trustee Agencies and other interested parties. 1-5 Section 1.0 -Introduction Issuance of the "Notice of Completion" commenced a 45-day public review and comment period ending on July 21, 2004. The "Notice of Completion" advised that the Draft EIR was available, and was available for review at four locations: the City of Carlsbad Plarming Department (1635 Faraday Avenue, Carlsbad, CA 92008); the City Clerk's Office (1200 Carlsbad Village Drive, Carlsbad, CA 92008); the Carlsbad Main Public Library (1775 Dove Lane, Carlsbad, CA 92009), and Carlsbad's Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad, CA 92008). Complete copies were also available for purchase, with or without the Appendices, through the Planning Department. The City established the cost of purchase copies at less than the actual reproduction cost. Following the end of the public review and comment period to the Draft EIR, every written comment letter was reviewed and written responses prepared. The written public comments and the written responses thereto are contained in the Final EIR. On December 1, 2004 the City Planning Commission held a duly noticed public hearing to consider, among other things, a Recommendation of Certification of the Final EIR in accordance with CEQA, the Guidelines and Chapter 19.04. By Planning Commission Resolution No. 5799 the Planning Commission recommended certification of the Final EIR as complete. Resolution No. 5799 is incorporated herein by reference as though fully set forth. 1.3 INTENDED USE OF THE EIR The Final EIR has been prepared by the City, acting in its capacity as Lead Agency pursuant to CEQA and the CEQA Guidelines. The document evaluated the potential environmental impacts associated with implementation of the Proposed Project, and provided information regarding environmental effects of the Proposed Project. The EIR process and the information it generates are used for the following purposes: • To inform the public, decision-makers, elected officials and other stakeholders regarding the Proposed Project and to solicit input on the nature and scope of potential environmental effects addressed in the Final EIR; • To disclose to the public, decision-makers, elected officials and other stakeholders the potential environmental effects associated with short-term construction and long-term operation of the Proposed Project; • To identify ways to avoid or minimize potential environmental effects of the Proposed Project and evaluate alternatives to the proposed action(s); • To provide the Carlsbad City Council with a technically and legally adequate volume of information to be used in their decision-making process for the pending Conditional Use Permit (CUP) amendment application; • To provide the County Department of Environmental Health, Solid Waste Local Enforcement Agency (LEA) and the California Integrated Waste Management Board with a technically and legally adequate volume of information to augment their decision- making process for the solid waste facility permit needed for the facility; and 1-6 Section 1.0 -Introduction • To provide regulatory agencies with information necessary to determine if they have jurisdiction over the Proposed Project and, if so, to identify and streamline any subsequent project permitting requirements. 1.4 PROJECT APPROVALS The City of Carlsbad is the Lead Agency for the preparation of this Final EIR and is responsible for certifying its contents. Once certified, this EIR may be used by the following agencies in connection with a review of applications for their permits and approvals: • City of Carlsbad • County of San Diego, Department of Environmental Health, Solid Waste Local Enforcement Agency • San Diego County Regional Airport Authority • California Integrated Waste Management Board • California Department of Toxic Substances Control • Regional Water Quality Control Board Table 1-1 below shows the permits and approvals that are anticipated for this project: Table 1-1 List of Anticipated Permits Agency Permit/ Approval City of Carlsbad Conditional Use Permit Amendment, Grading and Building Permits County Department of Environmental Health Solid Waste Handling Facility Permit Solid Waste Local Enforcement Agency (LEA) California Integrated Waste Management Board Concurrence with LEA permit issuance Department of Toxic Substances Control Hazardous Waste permit or exemption certificate Regional Water Quality Control Board Storm Water Pollution Prevention Plan (CWA §40 I Certification) 1.5 ENVIRONMENTAL SETTING The Palomar Transfer Station has operated in the City of Carlsbad (City) since 1977, and is currently permitted to process up to 800 tons of solid waste per day. The Proposed Project site is located in the northeastern quadrant of the City on South Orion Way, southeast of the current eastern terminus of Faraday Avenue. El Camino Real is to the west and Palomar Airport Road is located south of the Proposed Project site. 1-7 Section 1.0 -Introduction • The facility processes residential and commercial municipal solid waste (MSW) and recyclables collected by commercial haulers or private individuals. Waste is dumped onto a tipping floor, then pushed to the back of the building by front~end loaders where it drops into long haul trailers for transport and final disposal at various landfills within San Diego County. In addition to waste transfer, the existing facility also includes a recycling/buy-back center and areas used for storage, repair, paint and wash racks for the truck container fleet. Green materials such as yard and landscape clippings, tree branches and other wood trimmings are accumulated in a separate area of the tipping floor. This segregation of green and wood materials from the MSW is to ensure that cross contamination does not occur since these materials will be transported separately for processing. The green and wood materials are then processed and recycled into mulch and are used for erosion control and alternative landfill cover. The existing Transfer Station is located on a parcel less than I I-acres in size. This parcel includes a 3.9-acre triangle-shaped piece of land adjacent to and north of the existing facility, which is proposed to be fully developed for the Transfer Station expansion. This 3.9-acre area is used by the Transfer Station for bin storage, however, it is currently unpaved and generally unimproved. Carlsbad is a coastal city along the Pacific Ocean in northwestern San Diego County. It is surrounded by the City of Oceanside to the north, cities of Vista and San Marcos and County of San Diego to the east, and the City of Encinitas to the south. The City of San Diego is approximately 35 miles south of Carlsbad and the City of Los Angeles is located approximately 90 miles to the north. The facility is located on an "island" of property owned by the County of San Diego surrounded by lands that have been incorporated into the City of Carlsbad. The Proposed Project site is leased by the City from the County. The City in tum leases the site to the transfer station operator (Palomar Transfer Station, Inc.). Waste Management, Inc. subleases from Palomar Transfer Station, Inc. to utilize a portion of the property for storage, and fleet and container maintenance. Current operations are subject to the approval and conditions imposed by a Conditional Use Permit (CUP 260 (B)) issued by the City. As capacity is reached in nearby landfills, waste managers are under increasing pressure to either truck the solid waste longer distances to more remote landfills or increase the handling capacity of existing waste transfer stations such as the Palomar Transfer Station. With increased size and additional operating hours, it is anticipated that the transfer station can accommodate increased loads and user demands, thereby permitting the consolidation (i.e., reduction) of trips to outlying landfills. Consolidation avoids increased truck traffic in the region and related vehicle em1ss10ns. 1.6 PURPOSE OF CEQA FINDINGS: TERMINOLOGY CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under PRC § 21081 and Guidelines § 15091 above, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency 1-8 Section 1.0 -Introduction makes written findings supported by substantial evidence in the administrative record as to each of the significant effects. In tum, the three possible findings in Guidelines§ 15091(a) are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In tum, Guidelines § l 5092(b) provides that no public agency shall approve a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. Based on the foregoing, the Guidelines do not provide a bright distinction between the meaning of "avoid" or "substantially lessen". The applicable Guidelines are based on PRC § 21801, which uses the phrase "mitigate or avoid", and hence it is generally considered that to "avoid" is to include changes or alterations that result in the significant effect being reduced to below a level of significance. In contrast, the phrase "substantially lessen: is used to describe changes or alteration that materially reduce the significant effect, but not below a level of significance, thus, while mitigated, the effect remains significant. These Findings will distinguish, for the purposes of clarity, between effect that have been "avoided" (thereby reduced below a level of significance) and those that have been "substantially lessened" (thus remain significant). In combination with the mitigation and monitoring program discussed immediately below, the following Findings are binding obligations of the project to implement all required mitigation measures. 1.7 MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to PRC § 21801.6, the City has also adopted a detailed mitigation monitoring and reporting program prepared by the EIR consultant under the direction of the City. The program is designed to assure that all mitigation measures as hereafter required are in fact implemented on a timely basis as the Proposed Project progresses through its development and construction 1-9 Section 1.0 -Introduction phases. Compliance with the "Palomar Transfer Station Expansion Mitigation Monitoring and Reporting Program" (a copy of which is attached to this Resolution as "Exhibit EIR-C") is a condition of any City approvals and incorporated herein by this reference. 1.8 RECORD OF PROCEEDINGS For all purposes of CEQA compliance, including these Findings of Fact, the administrative record of all City proceeding and decisions regarding the environmental analysis of the Proposed Project shall include the following: • The Draft and Final EIR for the Proposed Project, together with all appendices and technical reports referred to therein, whether separately bound or not; • All reports, letters, applications, memoranda, maps or other planning and engineering documents prepared by the City, environmental consultant, project applicant, or others presented to or before the decision-makers as determined by the City Clerk; • All letter, reports or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Proposed Project; • All minutes of any public workshops, meetings or hearings, including the scoping session, and any recorded or verbatim transcripts/videotapes thereof; • Any letters, reports or other documents or other evidence submitted into the record at any public workshops, meetings or hearing; and • Matters of common general knowledge to the City which they may consider including applicable state or local laws, ordinances and policies, the General Plan and all applicable planning programs and policies of the City. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 1-10 SECTION 2.0 2.1 AIR QUALITY/ODOR FINDINGS OF SIGNIFICANT IMPACTS, REQUIRED MITIGATION MEASURES AND SUPPORTING FACTS Impact. Construction and operation activities associated with the Proposed Project could have a potential for fugitive dust, odor and emissions contributing to local CO, NOx, SOx, and PM10. Finding. Although not required by virtue of the project construction and operational predicted maximum daily emission rates, as significance thresholds would not be exceeded, the following best management practices as mitigation measures are recommended to reduce potential impacts. Mitigation Measure AQ-1. All clearing and grading activities shall cease during periods of high wind (greater than 20 mph averaged over 1 hour). Mitigation Measure AQ-2. The Developer shall employ existing fogging system during trash dumping and loading operations. Mitigation Measure AQ-3. The Developer shall limit vehicle speeds on-site to 10-15 mph. Factual Support and Rationale. The forgoing air quality mitigation measures will be effective in reducing airborne fugitive dust, odor and particulate emissions from construction and operation activities. The combination of employing a fogging system, limiting vehicle speeds, load requirement limitations, onsite watering, and suspension of grading activities when winds exceed 20 mph will be effective in minimizing construction and operation dust, particulate emissions and odors. 2.2 BIOLOGICAL RESOURCES Impact. Construction of the Proposed Project would require vegetation clearing and other ground disturbance activities on the 3.9-acre expansion area. Finding. Although not required, the following mitigation measures are recommended to reduce potential impacts on biological resources to the maximum extent feasible. Mitigation Measure BR-1. The Developer shall preserve the slope in the northeast portion of the property to minimize erosion and adverse impacts on neighboring areas. Mitigation Measure BR-2. The Developer shall place silt fencing, haybales and/ or sandbags in potential drainage areas to reduce pollution of off-site watersheds. Factual Support and Rationale. Implementation of these mitigation measures, together with Best Management Practices that have already been incorporated into project design and avoidance of onsite remnant coastal sage scrub habitat will ensure the project's potential impacts on biological resources have been minimized. 2-1 Section 1.0 -Introduction 2.3 CULTURAL RESOURCES Impact. The Draft EIR concluded that the project would not have a potentially significant impact on cultural resources. However, to address the issues raised by the Native American Heritage Commission in their comment letter on the Draft EIR, the Applicant has volunteered to add a "Supplemental Voluntary Mitigation Measure" to ensure that any cultural resources found during the grading phase of the project are adequately protected. Finding. Although not required, the following Supplemental Voluntary Mitigation Measure has been included in the unlikely case cultural resources are encountered during the grading phase of the Proposed Project. Mitigation Measure CR-1. A culturally-affiliated Native American, with knowledge in cultural resources, shall be allowed to monitor all grading activities for the project with the provision that the monitor comply with all necessary safety precautions and requirements at the site. In the event that significant cultural resources are discovered during the grading for the project, the project engineer shall temporarily halt ground disturbance activities in the area of discovery to allow evaluation and potential recovery of potentially important cultural resources. Factual Support and Rationale. Implementation of this Supplemental Voluntary Mitigation Measure has been included to address the concerns of the Native American Heritage Commission and is not a required mitigation measure. 2-2 SECTION 3.0 FINDINGS OF NO SIGNIFICANT IMPACTS, DIRECT AND CUMULATIVE, AND SUPPORTING FACTS 3.1 FINDINGS OF NO DIRECT SIGNIFICANT IMPACT The following potential areas of significant impacts were evaluated in the Final BIR and found to have no significant adverse impacts, and therefore, no mitigation is required. The Supporting Facts and Rationale fore each item is set forth immediately following the item description. 3.1.1 Aesthetics The proposed expansion of the Transfer Station would increase the size of the off-loading area, pave an area for parking that is currently a mix of unpaved earthen parking and vegetation, and would also remove some existing landscape trees along Orion Street to provide new queuing lanes. The addition of the new off-loading area would increase the size of the existing building, which is visible from Palomar Airport Road. However, the new addition would be of the same design as the existing building, and while the expanded building would be larger it would not substantially change in appearance. Therefore the potential effects to views from Palomar Airport Road from the expansion of the off-loading area will not be significant. The construction of the new parking area and queuing lanes would result in the removal of existing landscaping and native vegetation that is visible from Orion Street. The Transfer Station's landscape plan, required as a part of the development permit will replace landscaping shielding the interior of the site from the new queuing lane. Implementation of the applicant's landscape plan along the perimeter on Orion Street for visual screening will reduce any aesthetic impacts to less than significant 3.1.2 Agricultural Resources The Proposed Project will have no impact on agricultural resources. The site is not shown on maps identifying important farmland, does not fall within any lands under Williamson Act contracts, and is not currently and has not in recent times been in agricultural use. The expansion of the existing solid waste transfer station from approximately 7 acres to 11 acres by incorporation of a 3.9-acre tract will not result in loss of significant acreage, or a change in the type or intensity of land use of prime agricultural land and/or other farmlands designated as Farmlands of Statewide Importance. Therefore, the Proposed Project will have no impacts, and no mitigation is required. 3.1.3 Cultural Resources The technical study, literature review and field survey identified no cultural resources within the project area. Given the negative literature review and field survey, no potential environmental impacts to cultural resources were identified and no mitigation measures are required. The Supplemental Voluntary Mitigation Measure CR-1 has been included to address the concerns of the Native American Heritage Commission, not for an impact to cultural resources. 3-1 Section 3.0 -•ngs of No Significant Impacts, Direct and Cumulative, alupporting Facts 3.1.4 Geology Soils and Minerals No active faults have been mapped on or near the project site. However, earthquake hazards are unavoidable in California. The most significant potential ground shaking would be from the Rose Canyon Fault due to the relative proximity to the project site. Compliance with all applicable City grading and building requirements would reduce any potential impacts and structural damage from earthquakes and ground shaking to less than significant. This site is not prone to liquefaction due to seismic activity, located on a geologic unit or soil that is unstable/prone to instability, or on expansive soils. Therefore no impacts are anticipated. Because there are no known mineral resources of local importance on the project site or in its vicinity, there will be no impacts to mineral resources as a result of the proposed project. 3.1.5 Hazards and Hazardous Materials The Palomar Transfer Station has not had a significant release, spill, or emergency since it began operations in 1977. The addition of oily waste and oil filters will be handled by being stored in specially designated and designed locked containers until they can be transported to an appropriate facility. Any potential use of hazardous materials and hazardous waste can be properly mitigated during the construction phase of the project by requiring the use of best management practices, and ensuring that contractors that strictly adhere to environmental laws and regulations. The expansion of the facility, and increase in activities will not substantially increase any potential hazards to the public or the environment with regards to the handling of hazardous materials. Therefore, the effects of the project are found not to be significant and no mitigation measures are recommended. 3.1.6 Hydrology and Water Resources Implementation of the Best Management Practices identified in the updated SWPPP and compliance with NPDES requirements has been shown to reduce potential impacts to less than significant levels. Additionally, through the Engineering Department, onsite storm drain systems are reviewed as part of the project to assure adequate drainage facilities will be incorporated into the Proposed Project. Best Management Practices have been incorporated into overall project design and will further reduce potential short term construction and long term operations impacts on hydrology and water resources to levels that are below a significance threshold. 3.1. 7 Land Use and Planning 3.1. 7 .1 California Integrated Waste Management Board The proposed Project is the expansion of an existing solid waste facility, which has been permitted by the CIWMB. No changes in land use designations are proposed and proposed changes of the Condition Use Permit would be included in the update of the transfer station's application to the CIWMB. The proposed expansion and changes in operations would not impact any current or anticipated CIWMB land use policies. 3-2 Section 3.0 ~ lngs of No Significant Impacts, Direct and Cumulative, alupporting Facts 3.1.7.2 McClellan-Palomar Airport Land Use Plan The Palomar Transfer Station is an existing facility within the McClellan-Palomar Airport Area of Influence. While the site is not within the Airport's Runway Protection Zones, the site is adjacent to the Flight Activity Zone of the Airport. The Flight Activity Zone is an area over flown by aircraft while within the landing/takeoff pattern. The Airport Plan policies for Flight Activity Zones are that parcels be held free of intensive development (i.e., more than ten dwelling units per acre), including high rise development and all uses which involve the assemble oflarge groups of people (more than 100). The proposed expansion of the Transfer Station would not create any dwelling units within the area, and would not increase the height of the structures on the site. Therefore the construction of the proposed expansion of the Transfer Station would be compatible with the Airport Plan. During the current operations of the Transfer Station it is possible that more than 100 persons may periodically be present on the project site (i.e., during the current periods when the public may drop off waste). This condition may continue after the expansion is built; however, proposed changes in the times when the public may access the Transfer Station will increase thereby reducing the chances that larges groups would be assembled. It is anticipated at the Proposed Expansion of the Palomar Transfer Station and changes to the Conditional Use Permit would be compatible with the McClellan-Palomar Airport Land Use Plan. 3.1. 7.3 City of Carlsbad -General Plan and Zoning Code Short-term construction-related impacts on surrounding land uses are typically related to dust, noise and disruption of traffic flow and facility access and egress. Construction of the proposed physical changes to the waste transfer facility would require the use of the road serving this industrial area. These construction-related traffic and noise are not located in close proximity to sensitive land uses such as residential neighborhoods, schools, hospitals, places of worship, and scientific institutions. Therefore the operation of such sensitive land uses will not be affected by the proposed Project's construction-related activity. The proposed project is consistent with the City's General Plan, Zoning Ordinance, landscaping will be consistent with the Landscape Guidelines Manual, and subject to discretionary review and conditions of approval as part of the City's Conditional Use Permit process. 3.1.7.4 City of Carlsbad Habitat Management Plan {HMP) The Project site is outside of the area to be preserved in open space according to the City's HMP. Therefore, the proposed operational and physical changes to the waste transfer station will not conflict with the City's HMP. No significant land use impacts associated with short-term construction activities or long-term solid waste transfer operations are anticipated with project implementation. Therefore, no mitigation measures are required or proposed. 3-3 Section 3.0--ngs of No Significant Impacts, Direct and Cumulative, alpporting Facts 3.1.8 Noise 3.1.8.1 Off site impacts The project related traffic noise has the greatest increase along Faraday Avenue from El Camino Real to South Orion. However, there are no noise sensitive residential areas along this roadway segment. Residential areas are located along Melrose Drive north of Faraday Avenue and south of Palomar Airport Road; along Palomar Airport Road east of Melrose; and along El Camino Real north of Faraday Avenue. The greatest project-related noise level increases would be 0.3 dBA. An increase in this level cannot be readily detected outside of controlled laboratory conditions and is not considered a significant noise impact. While there are increases in the existing noise conditions along the roadways surrounding the Project site, these increases are primarily due to general cumulative growth in the area and the Proposed Project does not contribute substantially to these increases. Therefore, noise impacts from the Proposed Project would be less than significant. No significant long-term off-site traffic-related noise impacts are expected to occur due to implementation of the Proposed Project. Therefore, no mitigation is required or proposed 3.1.8.2 On-site Activities The Proposed Project would not change the existing land use and operational nature of the activities at the project site. However, the change in processed tonnage of solid waste from 800 tons per day to a maximum of 2,250 tons per day will result in additional operational activity and related truck and other vehicle activity on and around the project site. Peak noise levels generated on the project site are not expected to change with implementation of the Proposed Project. However, the Proposed Project may result in more of the peak noise levels, but will not substantially increase noise levels generated at the project site. Based on the noise measurements the project does not and will not generate noise levels that approach the Noise Ordinance limits presented previously. Therefore, the project will not result in an off-site noise impact due to on-site activities. No significant long-term noise impacts due to the on-site project activities are expected to occur with implementation of the Proposed Project. Therefore, no mitigation is required or proposed. 3.1.9 Population and Housing The Proposed Project will not result in the creation of significant new jobs or demand for new housing. The expansion area of the Proposed Project is currently vacant and would not displace any existing housing, or necessitate the construction of any replacement housing. The impacts of the Proposed Project on population and housing would be less than significant. 3-4 Section 3.0 -•ngs of No Significant Impacts, Direct and Cumulative, an.pporting Facts 3.1.10 Public Services The Proposed Project would not increase the demand for Police or Fire Protection and would not result in any increase to emergency response times. Therefore no adverse impacts to Police or Fire Protection services are anticipated. The Proposed Project would not increase the population of the City of Carlsbad therefore the project would not create any additional demand for schools, parks or libraries. No impacts to these public services are anticipated. No impacts to public services have been identified as being potentially significant. Therefore, no mitigation measures are proposed or required. 3.1.11 Recreation The Proposed Project would not result in direct disturbance or displacement of established recreation facilities. The Proposed Project would not result in additional population growth in the City of Carlsbad and would therefore, not increase demands on existing available recreational resources. The Proposed project would not generate a need for the construction or expansion of recreational facilities. 3.1.12 Traffic Implementation of the proposed project would have an adverse cumulative impact on the existing roadway system in the vicinity of the project site. While the impacts would be less than significant, the project will be required to contribute traffic impact fees to fund a fair share of the planned roadway improvements for cumulative projects and related traffic growth in the City of Carlsbad. No additional project specific mitigation measures would be required. 3.1.13 Public Utilities and Service Systems 3.1.13.1 Utilities Electric: During construction additional electricity would be used to operate lights, and small electric hand tools this increase use would be of short duration, would not interrupt any utility service, nor require additional capacity and is not significant. Once construction is completed no increase in the level of use of electricity is anticipated. Impacts to electrical utilities would be less than significant. No mitigation measures are required. Natural Gas: The Palomar Transfer Station does not currently use natural gas and the proposed expansion of the Transfer Station will not use gas. Therefore there would be no impacts to this utility and no mitigation measures are needed. 3.1.13.2 Service Systems Water: The Proposed Project will expand the size of the storage/maintenance area of the transfer station as well as increase the size of the transfer area. During construction some 3-5 Section 3.0--ngs of No Significant Impacts, Direct and Cumulative, alupporting Facts additional water, could be used in dust suppression, but this increase would occur only during construction and the impact to the water system would be less than significant. During the operation of the Transfer Station additional water would be used in the tipping floor area for both dust and order control. While the increase in operational throughput of waste would result in increase use of water this increase would not require additional capacity nor decrease the level of service therefore the impacts of the proposed increased use of the Transfer Station would be less than significant to water services systems. No mitigation measures are required. Waste Water: The Proposed Project will expand the size of the storage/maintenance area of the transfer station as well as increase the size of the transfer area. However, the Proposed Project would not increase the size of the number of employees. No increase in the amount of sewage generated at the Transfer Station is anticipated therefore the impacts to the waste water systems would be less than significant and no mitigation measures are needed. Storm Water Conveyance System: The proposed expansion of the Transfer Station would increase the amount of impermeable surface that would likely increase the amount of storm water runoff; however, the increase would not create any disruption of services, nor would it require that new storm water facilities be constructed to carry any increase in runoff. Therefore impacts to the storm water conveyance system from the proposed expansion of the Transfer Station would be less than significant and no mitigation measures are proposed. While the impacts to the storm water conveyance system would be less than significant, increased storm water flows could result in water quality impacts. However, all water quality impacts would be less than significant with implementation of identified BMPs and compliance with NPDES requirements (Section 3.1.6, above). 3-6 SECTION 4.0 FINDINGS CONCERNING FEASIBLITY OF PROJECT ALTERNATIVES 4.1 APPLICABLE STANDARDS CEQA requires that EIRs contain an analysis of alternatives to the proposed Project that would reduce or eliminate environmental impacts while still meeting the basic goals and objectives if the Project. Specifically, section 15126.6 (a) of the CEQA Guidelines states that an EIR should " ... describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. " However, the FEIR concluded that after the incorporation of the specific mitigation measures outlined in Section 2 above, the Proposed Project would not have any significant, unmitigatable effects. Since there would be no significant unmitigatable effects, for the analysis of alternatives that could be used in place of the Proposed Project the proposed alternatives considered would have to have in total fewer potential effects, and meet the goals and objectives established for the Project. The objectives of the Proposed Project are to: • Objective 1: Plan for and have a facility to meet future solid waste needs of the City of Carlsbad and adjacent communities; • Objective 2: Provide a local station that can accommodate solid waste transfers from collection trucks to long-haul trailers; and • Objective 3: Maximize use of existing facilities to avoid the need for entirely new and more extensive facilities to the extent feasible. 4.2 FINDINGS ON PROJECT ALTERNATIVES The Final EIR evaluated a range of potential project alternatives. The project alternatives included: • No Project; • Drainage Swale Avoidance Alternative; and • Reduced Intensity Alternative. While each of the proposed alternatives would reduce some effects given that none of the effects would be significant and that none of the alternatives would meet the goals of providing additional capacity, and accommodate future demand as well as the Proposed Project the FEIR concluded that while feasible none of the alternatives were superior to the Proposed Project. 4-1 sin 4.0 -Findings Concerning Feasibility of Project Altem,es 4.2.1 No Project Alternative The No Project Alternative assumes continuation of current waste transfer operations and no new development on the site. (A) Selection of this alternative does not address the existing demand for expanded waste management capacity in Northern San Diego County, and implies that additional capacity will be developed at another site. (B) The No Project Alternative would not generate the impacts identified in the EIR. However, assuming increased solid waste needs in the City of Carlsbad and adjacent communities and no modifications to the existing facility's tonnage capacity, implementation of this alternative would result in potential increase in overall traffic, amount of energy consumed, and air pollution as a result of the general public and trash trucks making trips to other more distant locations that can accommodate increased solid waste needs. Therefore the No Project Alternative is not considered the Environmentally Superior Alternative because it fails to meet the basic project objectives in providing a local transfer station. 4.2.2 Drainage Swale Avoidance Alternative The Drainage Swale Avoidance Alternative is similar to the proposed project, except it will avoid the ephemeral drainage within the expansion site. (A) Implementation of BMP's and fencing installed around the drainage would avoid impacts to this resource. However, avoiding the ephemeral drainage would disrupt operations and preclude a continuous operational surface linking the proposed expansion area with the existing transfer station facilities. Since the swale was determined to have no special habitat value, and does not constitute a significant impact of the proposal, this alternative offers no environmental advantage over the proposed action. (B) The City considered whether this reduction should lead to a determination that this alternative qualified as the environmental superior alternative as contemplated in CEQA. It is concluded that since the impacts to biological impacts are not significant, there is only a slight environmental advantage to avoiding the swale. The swale currently serves the purpose of holding and filtering storm water runoff from the site, a hydrologic function that would need to be replaced by storm water pollution prevention measures as defined in the SWPPP prepared for this Proposed Project. 4.2.3 Reduced Intensity Alternative The Reduced Intensity Alternative assumes the same location as the Proposed Project, but includes a cap on the maximum daily capacity of 1,500 tons of solid waste per day. The transfer station currently accepts 800 tons of solid waste per day and the proposed project calls for an increase to a maximum 2,250 tons per day. 4-2 slon 4.0 -Findings Concerning Feasibility of Project Altem,es (A) A Reduced Intensity Use of the transfer station to accept 1,500 tons per day would generate impacts less than that of the Proposed Project in air quality, traffic, and noise. However, at 1,500 tons per day, the Reduced Intensity Use Alternative would not meet the basic project objectives. Air, traffic, and noise impacts of the Proposed Project are not significant relative to the baseline conditions, and therefore, this alternative does not avoid or lessen significant effects of the proposal. 4-3 EXHIBIT "EIR-B" CITY OF CARLSBAD RESOLUTION NO. 5799 MITIGATION MONITORING AND REPORTING PROGRAM for the ENVIRONMENTAL IMPACT REPORT (EIR 03-04) PALOMAR TRANSFER STATION EXPANSION (SCH No. 2003071175) • MITIGATION MONITORING AND REPORTING PROGRAM 1.1 INTRODUCTION The primary goals and objectives of the Proposed Project are to: • Meet existing and increased solid waste processing demands in Northern San Diego County; • Continue operating as a local transfer station to allow long-haul trailers to transfer solid waste to distant landfills; • Accommodate future solid waste needs of the City of Carlsbad and adjacent communities; and • Provide a location for the general public's solid waste recycling needs. 1.2 LEAD AGENCY The City of Carlsbad is the Lead Agency for the preparation of the EIR and the incorporated MMRP in accordance with CEQA Guidelines (CCR, Title 14 §§ 15082 (a), 15103, 15375). As the lead agency, the City of Carlsbad is responsible for ensuring that mitigation measures are implemented. 1.3 GOALS AND OBJECTIVES OF MITIGATION MEASURES Mitigation measures are designed to avoid, minimize, rectify, reduce, eliminate or compensate for significant impacts caused by construction, operation or maintenance of a project. Mitigation measures developed for this EIR were selected to mitigate potentially significant adverse environmental impacts to a less than significant level. Mitigation measures included in the MMRP are presented by resource category. 1.4 VERIFICATION SCHEDULE The verification schedule for mitigation measures is categorized in Table 1 as either construction or operation. Mitigation measures that are to be implemented during on-going operations must be implemented immediately upon project approval or as otherwise specified by the City. Applicant must keep records of all mitigation measure implementation and supply reports to the City upon request. 1.5 POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following environmental issues were identified as potentially significant in the EIR: 1-1 Mitigation Monitoring and Reporting Program 1.5.1 Air Quality/Odor Activities associated with the construction and extended hours of operation could generate tail pipe emissions, fugitive dust and odor that may have an adverse effect on local and /or regional air quality. Though not required, these mitigation measures are recommended. 1.5.2 Biological Resources Activities associated with construction could potentially disturb vegetation communities 1.5.3 Cultural Resources The Draft EIR concluded that the project would not have a potentially significant impact on cultural resources. However, to address the issues raised by the Native American Heritage Commission in their comment letter on the Draft EIR, the Applicant has volunteered to add a "Supplemental Voluntary Mitigation Measure" to ensure that any cultural resources found during the grading phase of the project are adequately protected. 1.6 MITIGATION MEASURES AND VERIFICATION SCHEDULE The following mitigation measures will be incorporated into the Conditions of Approval for this Project in order to mitigate identified environmental impacts to a less than significant level. An initialed box for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). 1-2 Mitigation Monitoring and Reporting Plan Table 1 Mitigation Monitoring and Reporting Program Party Responsible Monitoring Verification Timing Completed Mitigation Measure Responsible to Party and Method Construction Operation Initials Date Comments Implement Air Quality/Odor IMPACT: Potential for fugitive dust and emissions contributing to local CO, NOx, SOx, and PM10 ■ AQ-1 -All clearing and grading activities Palomar Transfer Palomar Transfer Station shall cease during periods of high wind Station Annual reporting to the City X (Greater than 20 mph averaged over 1 of Carlsbad hour). ■ AQ-2 -The Developer shall employ Palomar Transfer Palomar Transfer Station ex1stmg fogging system during trash Station Monthly inspection by the X dumping and loading operations. City ■ AQ-3 -The Developer shall limit vehicle Palomar Transfer Palomar Transfer Station speeds on-site to 10-15 mph. Station and City Post speed limit signs on X X Planning property Department Biological Resources IMP ACT: Activities associated with construction could potentially disturb vegetation communities ■ BR-1 -The Developer shall preserve the Palomar Transfer Palomar Transfer Station, slope in the NE portion of the property to Station RWQCB X X minimize erosion and adverse impacts on neighboring areas. ■ BR-2 -The Developer shall place silt Palomar Transfer Palomar Transfer Station, fencing, haybales and/or sandbags in Station City Engineering Staff X X potential drainage areas to reduce pollution of off-site watersheds. SUPPLEMENT AL VOLUNTARY MITIGATION MEASURE -Cultural Resources IMPACT: The Draft EIR concluded that the project would not have a potentially significant impact on cultural resources. However, to address the issues raised by the Native American Heritage Commission in their comment letter on the Draft EIR, the Applicant has volunteered to add a "Supplemental Voluntary Mitigation Measure" to ensure that any cultural resources found during the grading phase of the project are adequately protected. 1-3 Mitigation Monitoring and Reporting Plan Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Party Responsible to Implement Responsible Monitoring Party and Method ■ CR-1 -A culturally-affiliated Native Palomar Transfer Palomar Transfer Station American, with knowledge in cultural Station resources, shall be allowed to monitor all grading activities for the project with the provision that the monitor comply with all necessary safety precautions and requirements at the site. In the event that significant cultural resources are discovered during the grading for the project, the project engineer shall temporarily halt ground disturbance activities in the area of discovery to allow evaluation and possible recovery of potentially important cultural resources. 1-4 Verification Timing Construction Operation X Completed Initials Date Comments Exhibit ''X''-Re\'ised March 5. 1997 PROPOSED TRAFFIC/CIRCULATION IMPROVEMENTS The following traffic and circulation system improvements are included in the proposed project as designed: 1. 2. 3. Faraday Dedication The County shall make an Irrevo_cable Offer to Dedicate ("1OD") to the City of Carlsbad ("Carlsbad"), at no cost and free of all liens and encumbrances, Faraday A venue along the project site from the western edge of the County ownership and extending all the way to the East edge of the County ownership. The 1OD shall be for an 84-foot right of way including slope and drainage easements.. No improvements shall be required at this time. Design and alignment of Faraday A venue shall comply with the City's design standards for a secondary arterial. Access Road Dedication and Improvement The County shall make an IOD approximately 1800 feet long, at no cost and free of all liens and encumbrances, in favor of Carlsbad for a 48-foot right of way covering the public easement/access road that serves the Transfer Station. In addition, this access road shall be improved to 40 feet, industrial street standards, with ale berms on each side, including stri~ping, etc. as required by Carlsbad. Faraday and El Camino Real Intersection Improvements The intersection of Faraday and El Camino Real shall be improved to provide two left tum lanes out of Faraday onto El Camino Real, one through lane, and one right tum lane, with a median/divider, as required by Carlsbad. 4. Deceleration Lane On El Camino Real A deceleration lane approximately 300 feet in length improved to prime arterial standards shall be installed on El Camino Real South of the current connection to the access road. 5. Implementation of Road Improvements The foregoing road improvements are to be installed and paid for in conformance with the terms of the litigation settlement agreement between Carlsbad, the County, and Coast Waste Management. The IOD's shall be made as soon as possible and in no event later than 180 days after CUP approval. 6. Additional Street Dedications and Improvements The owner shall make such additional street dedications and improvements as may be agreed to in the litigation settlement agreement between Carlsbad. the County, and Coast Waste Management. 7. Fence Removal The applicant shall remove the fence that crosses part of the access road prior to dedication. SITE PALOMAR TRANSFER STATION EIR 03-04/CUP 260(C) -BACKGROUND DATA SHEET - CASE NO: EIR 03-04/CUP 260{C) CASE NAME: Palomar Transfer Station APPLICANT: Palomar Transfer Station Inc. REQUEST AND LOCATION: Expansion of existing trash transfer station LEGAL DESCRIPTION: A portion of lots A and B of Rancho Agua Hedionda according to Map No. 823 filed on November 16, 1986. APN: 209-050-25 Acres: 3.9 (expansion) 10.9 (total) Proposed No. of Lots/Units: =--Nc.....c/A~-- GENERAL PLAN AND ZONING Land Use Designation: P=--I=-------------------------- Density Allowed: =--N"-'/ Ac...=...._ _____ _ Existing Zone: =--M~------- Density Proposed: N=--"--'/ A'-=------------ Proposed Zone: M~------------ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site M PI Trash transfer facility North M-Q and OS G Fire Station 5 South M-Q and OS PI and G Open space, CMWD offices East OS PI Open space West M-Q PI Hiring Center, Fed Ex PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad -===-=-==---- Equivalent Dwelling Units (Sewer Capacity): N~/A ________________ _ ENVIRONMENTAL IMPACT ASSESSMENT D Negative Declaration, issued ____________________ _ ~ Final Environmental Impact Report, dated ~S-'--"ep __ t~em_b~er_2_0~0_4 __________ _ D Other, ___________________________ _ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: BIR 03-04/CUP 260(C) -Palomar Transfer Station LOCAL FACILITY MANAGEMENT ZONE:~ GENERAL PLAN: "'-'PI"---------- ZONING: =M:..._ _________________________ _ DEVELOPER'S NAME: Palomar Transfer Station Inc. ADDRESS: 8364 Clairemont Mesa Blvd; San Diego, CA 92111 PHONE NO.: (858) 694-2212 ASSESSOR'S PARCEL NO.: =-20=9--'-0=-=-5....;;;..0--=2=-5 ______ _ QUANTITY OF LAND USE/DEVELOPMENT (AC.): 3.9 (expansion) 10.9 (total ESTIMATED COMPLETION DATE:N "'--'=/A-"----------------- A. City Administrative Facilities: Demand in Square Footage = =-N""""/ A'-=------- B. Library: Demand in Square Footage = =..:Ne:..:/ A~----- C. Wastewater Treatment Capacity (Calculate with J. Sewer) No Demand Increase D. E. F. G. H. I. J. K. Park: Drainage: Demand in Acreage = Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) $.40/sf .5 BP 1 045 Fire: Served by Fire Station No.= =-5 _____ _ Open Space: Schools: Acreage Provided = "'--'NC..::/ A-"-------- Statutory Fee (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin= (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 4 Buena/V allecitos SC No Demand Increase DISCLOSURE STATEMENT A e ,...."''""'r"" 'ch will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is d~fined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, .<:orporatioi,i;, es~te, trust, receiver, syndicate, in this and any other cmmty, city and county, city municipality, district or other political subdivision or any other group or combination acting as a QDit." Agents may sign this do¢ument; however, the legal name and entity of· the applicant and prQperty owrtet must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title ___________ _ Address ____________ _ 2. OWNER (Not the owner's agent) Corp/Part Palomar Transfer Station, Inc. Title See attached Address 8364 Clairemont Mesa Blvd. San Diego, CA 92111 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person County of San Diego Title Department of Public Works Address 5555 Overland Dr., San Diego, CA 92123 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 D EXHIBIT A ADDITIONAL PERSONS HAVING A FINANCIAL INTEREST. City of Carlsbad (Lessee of Palomar Transfer Station from County of San Diego) 1200 Carlsbad Village Drive Carlsbad, CA 92008 Palomar Transfer Station, Inc. (Sub Lessee of Palomar Transfer Station from City of Carlsbad) 8364 Clairemont Mesa Blvd. San Diego, CA 92111 Waste Management, Inc. and affiliates (Sub Lessee of a portion the Palomar Transfer Station from Allied Waste Industries, Inc's affiliate Palomar Transfer Station, Inc.) 5960 ECR Carlsbad, CA 92008 CERTIFICATE The undersigned certifies that she is a duly elected, qualified and acting Secretary of PALOMAR TRANSFER STATION, INC., a California corporation (the "Corporation"), and that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation, and that such resolutions have not been amended or rescinded and are in full force and effect on the date hereof. Dated: August 7, 2001. JoLynnW Secretary SCHEDULE A APPOINTMENT OF OFFICERS WHEREAS, the Board of Directors of the Corporation desires to appoint officers of the Corporation to serve in the appointed capacity until their respective successors are duly appointed and qualified. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby elect the following persons as officers of the Corporation to serve in the capacity set forth opposite their name until such time as their successors are duly elected and qualified: President Executive Vice President Vice President Secretary Assistant Secretary Assistant Secretary Treasurer Joe Mrjenovich Donald W. Slager James Ambrose Jo Lynn White Jenny L. Apker David Smith Thomas P. Martin FURTHER RESOLVED, that for purposes of these resolutions, the "Proper Officers" shall mean Joe Mrjenovich, Donald W. Slager, James Ambrose, Jo Lynn White, Jenny L. Apker, David Smith and Thomas P. Martin, the Corporation's President, Executive Vice President, Vice President, Secretary, Assistant Secretaries and Treasurer, respectively; FURTHER RESOLVED, that these officers are empowered to carry out the day-to-day business of the Corporation, subject to direction and control of the Board of Directors; FURTHER RESOLVED, that each of the Proper Officers be and hereby are authorized and directed to make, execute, provide and deliver any and all statements, applications, certificates, representations, payments, notices, receipts and other instruments, agreements and documents, and to take any and all other action which, in the opinion of such officer is, or may be, necessary, advisable or appropriate in connection with the business, properties and operations of the Corporation, all of which actions to be taken or previously taken are hereby ratified and confirmed in all respects. I I ' ,I I I I II PALOMAR TRANSF'ER STATION MODIF'ICATIONS CUP NO. 2110-C EIR 03-04 PALOMAR TRANSFER STATION CONDITIONAL USE PERMIT AMENDMENT 260 (c) DRAWING LIST PROPOSED MODIFICATIONS 01 COVER SHEET 02 OMITTED 03 RECORD OF SURVEY -SHEET 2 04 EXISTING CONDITIONS 05 PROPOSED SITE PLAN 06 GRADING PLAN 07 FLOOR PLAN 08 STATION ADDITION-PLAN AND ELEVATIONS 09 CIRCULATION PLAN 10 TRANSFER TRAILER TURNING RADII 11 LANDSCAPE CONCEPT AND WATER CONSERVATION PLAN VICINITY MAP • SITE ENTRANCE REVISIONS AND QUEUING LANES • NEW TRUCK SCALE AND SCALE HOUSE • 11700 SQ. "• ADDITION TO TRANSF'ER STATION INCWDING SECOND TOP-LOAD STATION • ADDITIONAL VEHICLE PARKING APPLICANT PALOMAR TRANSF'ER STATION, INC. 83114 CLAIREMONT MESA BLVD SAN DIEGO, CA 12111 (8511) 1137-!51110 I 1111111••4-; DWG NO. 01 !...__ ____________________ ____, l li I i ' I I I I II I l FD. 3/4'PIP£ t TAG RCE 8210 f'£R.l'M/0060 f IIS?J. FD. J/4"PIP£ ..--..--f TAG LSi??B!J PER PM/IS?J. f·'/~{ {f/~-.;:1 DEED TO: CIIY OF CARLSIIAD, , r. , REC. &--30-19112 F /P NO, 12-201 FLJ. .J/4''/?/t>E( TAG LS i?.:/40. NO RECORD /'IP£ FITS POSITION OF J/4"P/P£1 TAG LS i??B!J SET PER ROS S683 ALSO Pf~.(f' '.i'fb.1 '/-;,~; ...... COUNTY OF.SANO/EGO ·'. IJEPARTMENT OF GENERAL• SERVICES Oor-1::J/,Dl:'n tn,, ui, /;;,JU~ /D Uf'IOQ~ " ~ COUNTY Or SAN DIEGO ~ f'Elr DEED# I ;;; .; .oo' ~ ~s <\ii <:,<:,')'-,<ff ~-'I,;,,'-, 'lcyll~~ \f ll WE PR0PERIY IOUNIWff I I t §l !,! ~ ).. ~ >- MEAS/JRE.O AT STA 335+00 H.S. /BOO-/ ~I ~I lCORNE.R #5 RANCl/0 °AGllA HE:O!ONOA FD. z• Pl/'£ ( CO. ENG. DISC PER CORNE.R RlCORO NO. 508 t MAP l037i? PALOMAR TRANSFER STATION MODIRCATIONS CUP NO. 210-C EIR 03-04. EXHIBIT IS FOR PRESENTATION PURPOSES ONLY -0 --IIPPIICIICIMIEICIIUIIPID 111w111■•s-kRWII ,vu rec. DEPUTY COUNTY RECORDER CALIFORNIA COORDINATE INDEX 350 -168) (X) 0·3 I I ' i I I ! I i ' I ] I i ' I I f I I I PARKING DATA PAVEDMEA --__ ..,,.,__ --- LEGEND .. -... IUYIIACl(Y&IICAUJRT'RAFFC -- NIMUf£PAfYSlfi .. ., " • . ElR 0~-0<6_ I~ ~ STA'OON IIODIFICA'OONS I Ill VCA ENGINEERS '95 N. RAMPART ST. =~·)~:,: --• ,A"---A YKitNIIX UAP t. 14&81.a a:.&01 (!) z i== en ~ RYP .,..,. - 04 ,---- --,-Air____ - AV l',l A Y~--- WARNINGll EXISTWOl«IHPAED.R: OMUNElOl&MW ........ :0.'li..'=11.""= ----=---- _,, _ .,. --· a.r. ~ la!! ----· ..... , .. ,.,.,. 1179-141-lD .. -~ ~usa,f =..-;;;::::f+,+:::::,.:.L I i I~ .. ' 1 ,:=· II I I ! ! ! ! ! ! ' ! --..,_, ... ---- SITE Pl.AN T T ·r ------_ .,, _.,, ..... "' _.,, ... --- ----~ ------ ABBREVJAJJPNS· .,, ,......,. ... ... ---::..-E ,1 ......... :.. =-1' .L V. ,_.. ...... _. ............ RIRAbttd Wgt-: Qxr.lM"'PtlAD CNn t E1ill1Del •~ 0.000 GPO (NO\o£11BER -MARCH) 15.000 GPO (APRI. -OCTOBER) PARKING REQUIREMENTS ----·· -= ._, .. .,, _.,_ .. u. . .,. • ••. .. ,. .. - PARKING PROVIDED ""-~ ---= ~ ,. -,. ,. • -• • SPG&§ NQJEi· ... -......... _,. ........... -............ _..,_.. ___ .. __ .... ,__ .. _.nmu ... -. ,.---....... ·----------........................... _,. ~, -lln-4III .... QIIUID ... -----.. _ .... ______ ,.... _ _.. ___ --·-.. ====-~..Pl a:.-:.~.,,.,-..=.~ ---... r.m~-=-~Ulll:111 ...... -........ PROPOSED DEVELOPMENT ~ G>•-----.,... ,.---... 1111111 .... -... -. .... , ... ..,..... ·------1.•-·-........... ,WW£. ~ -c:::Z:J ~ ~ ,. ............. ................ ............... _ • ... CIIIIIIIIII ■ llr ... .. _ ....... ... --..... -. =:' .... -·---·----·----4•·-------·---·------------- EXISTNG & PROPOSED ADT --= = --~ ------• ---• .. -I -----,. • _...., ---·--,.- BUILDING SQUARE FOOTAGE LOT CO\IERAGE OffiCE -u. -u. ---· ,,..,_ -u. --· , . .,. tJIU'. --_.,_ --.. .,. ---, ... .,. --u. -u. --•-u. --11---u. -u. -. .,. -· _.,_ I _., _ • _ .,_ --11,,IIIU'. --_.,_ --._.,. ---. .,. -· _.,_ -- PALOMAR TRANSF'ER STATION MODIF'ICATIONS CUP NO. 210-C EIR 03-04 ---·------------ --lll'A'Tloll'-------------·--=-n.i:o _., __ ~UIIIIDl1flll---ftM-.: ----.. __ ,, ...... --II -·--·-----....,,,.,. ---oio ---__ .,. --.. ...,...,_,_,..--.£ ::.::..L£mb.::f..:.-=-=:-......... --H ...... IU.IBl'IU. ..... _ ___ o,....,.,_ _____ IH.11) lallaQIIICM __ ,.Cffl' ...... --• -• • I ,:.:'· I -· . .,. ..., I ~-1 -• -• --,,. -..._. .Va ·I'm,.- -• --· . .,. --·-• • ---..,. ~ Ill , .. --.. .,. I -;.:'· I ------:NltV. I ..., 1JRS ALLIED WASTE COMPANY PALOMAR TRANSFER STATION MODIFICATIONS PROPOSED STATION MODIF'ICATIONS PROPOSED SITE PLAN 111~ C:.:, :,-CARLSBAD, CALIFORNIA (111.)----n. ,,_, __ _ OS ,.. _ CTS-OS -· ., G I -----A V •" 0 A I' / ' ---~ N lrt '• _,, -- ! r-~ - ~ / ~•--I srre PIAN ,; ; ......... ---D014CNI01111J --_.,. ---_.,. - 'f/'' --11,W, CNN -_.,. _._. ... ..v-... -----,. .... ~ ~ -~ ~ ~ -➔ --► -·-=--""'- ------------· ...,..,_ ---· .... -'IJIIS ALLIED WASTE COMPANY "' s.w. --,00 ,..,._., .,._ m111 CARLSBAD, CALIFORNIA ""' ---7BO ,,_, __ PALOMAR TRANSF'ER STATION MODIF'ICATIONS CUP NO. 210-C EIR 03-0-4 SECTION@ it1 - I i .i PALOMAR lllANSFER STATION MODIFICATIONS PROPOSED STATION MODIF'ICATIONS GRADING PLAN --01 ... _ CTS-01 .... -· ., F' I I I I I .,.,._1.11111_ OMO a Pl) I i i ulr';n, ::1 ~~~~8FOOC ----- IJMDEII EXISTING MECHANICS & FAS. SHOP AREA ~s. • El.lV. 312" ,, ...... .,, I i i _ _om ___ I i l I aft"?" 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'liiV'w -~- UIIS ALLIED WASTE COMPANY PALOMAR TIIANSFER STATION MODIFICATIONS 07 CARLSBAD, CALIFORNIA PROPOSED STATION MODlnCATIONS FLOOR PLAN ,u- CTS-D7 E I I ' I I I i i I ' --1 "f:.?' I i l _] L ltl'W ii 11.117'00 EXISTING TRANSFER AREA ,...,, .. I --i i -~ I ) ,------,-------{ l._~_------_-_-L_' _-_-·::::::::~--~" rJ.°'f.J" ElCISIING 1IW9EII 1RM!R LIWIINO /llllEA ,,,. •a&Y.~ ------..... uw"'\ ------1..1---- ii PROPOSED TRANSFER AREA ·--------------~.~"' , .. _ =------· ILl17'00 ==c-WML~-:: ========= ----- _j <::::i ...., IECJPI © PALOMAR TRANSFER STATION MODlnCATIONS CUP NO. 21O-C EIR O3-<M rMI' EL.NmON uww - -ELlYA110N ~ 6.oiiiiiiiciuiio ! __ \-::.'fflfflnffl'fflffllfflnr-~ M ,,, Ill ---lt' ,u ,,, m ===tirt!'t!'!!'t!''!P :~-i="==-., 1·1: I I II I I 111 I I m m-m ,.Mllao@ - a.aw .. 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MODIF'ICATIONS TION Pu.N I I ' I i PA1H fflP EXIJDN9 Ill'IAlPMY ti J J d PALOMAR TRANSF'ER STATION MODlnCATIONS CUP NO. 2110-C EIR 03-04 l'l5P1 lffl) l'IP'9RP 211) Ill' IAlP MY T JJJ <:::~: ·>-:"'-, lr-r---r-r-----------=-==----~--------.------r---------r------~-~ --. ---1JIIS --..,_, ... -11.W. GIRi -ALLIED WASTE COMPANY PALOMAR TRANSFER STATION MODIFICATIONS 10 all-I -_.,, _.,, ----V-w IIIS.IJ.--IIIO CARLSBAD, CALIFORNIA PROPOSED STATION MODlnCATIONS CTS-10 1•-10' ,..,_°'-,_' TRANSF'ER TRAILER TURNING RADII _.,, .... -~-8:1; ---~ ---.,.,.,,. ,_, __ C ·--- ~1~~. ~ANCE ------J_;~~-- (25•25) PROPOSED ZONE 2 Pl.ANTING CAI.TRANS SICHT OIST#,NCE- UNES, (330') TVP SIGHT OISTA~E LINES. TYP. 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"" 'Je~,goe•j ut,h1,n7 all ~e,en ot I~'! """~'rnl~ ')I '"'''S(Jt''" ,:;.,'),, 1-i·,,7n $h~11 be IC1'•eved b1 ~1!101'11'•"~ ""'}Jll<)n sv~''!"'~ D".i• !h., ''"~"' ~1,m~c!1c ,n(I r,lan! !<:me~ uhlot•"9 el!,r,en1 ""'(l~t,on method! The ~,,1 ~hall b'! am-.n,:!•d "'''''"'9 ~n 8,;l'""""''C :!;Od~ •er,o,t D•O•t,:Jhl tolerant tf'd ''l" _..~te, 1'!',,.,~~1•ng o•an, m~l".l"al sh,11 b• ,,1,1,1e'1 ,s ,.,,,,;t, ,~ PQ,S•ble •amg mulch ,., 1n If::,""' ~nd ~h,.," b".11~ Pr ~11'"• ""tl~c JP~ n,~,n•~nanc"' ~nd "''"""'J"'"'"'"' CARLSBAD TRANSFER STATION MODIFICATIONS 11 LANDSCAPE CONCEPT AND '==~=~~ WATER CONSERVATION PLAN D COMMENTS BY S. WEILER 7-19-04 _J