HomeMy WebLinkAboutCUP 260C; PALOMAR TRANSFER STATION; Conditional Use Permit (CUP).. LAND USE REVIEW APPLICATIOL-
CITY OF CARLSBAD
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT (FOR DEPARTMENT
USE ONLY) USE ONLY) □ Administrative Permit -2nd □ Planned Industrial Permit
Dwelling Unit
□ Administrative Variance □ Planning Commission
Determination
□ Coastal Development Permit □ Precise Development Plan
~ Conditional Use Permit tUP :).&>O (a,J □ Redevelopment Permit
(Amendment)
□ Condominium Permit □ Site Development Plan
□ Environmental Impact □ Special Use Permit
Assessment
□ General Plan Amendment □ Specific Plan
□ Hillside Development Permit □ +eA:t:a:tive Parnel Ma13
Obtain from Engineering Department
□ Local Coastal Plan Amendment □ Tentative Tract Map
□ Master Plan □ Variance
.... -"
□ --
Non-Residential Planned □ Zone Change
Development
□ Planned Development Permit □ List other applications not
specified
ASSESSOR PARCEL NO(S).: 209-050-25
PROJECT NAME:
2)
3)
4) BRIEF DESCRIPTION OF PROJECT: Amendment of CUP 260B for revision to site plan.
5) OWNER NAME (Print or Type)
County of San Diego
Department of Public Works, Airports Division
6) APPLICANT NAME (Print or Type)
Waste Management .
c/o: Richard J. Jenkins, Director of County Airports c/o: Ken Ryan, Manager
MAILING ADDRESS
1960 Joe Crosson Dr. (MS-S119)
CITY AND STATE
El Cajon, CA
ZIP
92020
7) BRIEF LEGAL DESCRIPTION
Form 16
MAILING ADDRESS
PO Box 947
TELEPHONE CITY AND STATE ZIP
(619) 956-4806 Carlsbad, CA 92018-0947
TELEPHONE
(760) 754-4157
MobJle:(760) 802-9042
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE B ST OF MY KNOWLEDGE.
DATE
A portion of lot A and 8 of Rancho Aqua Hedionda according to
map 823 filed on November 16, 1986
PAGE 1 OF 2
'
NO;~: A PROPOSED PROJECT REQ.G MULTIPLE APPLICATIONS BE FILED, Ml~E SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
8) LOCATION OF PROJECT:
ON THE
BETWEEN
East
(NORTH, SOUTH, EAST, WEST)
Faraday Avenue
(NAME OF STREET)
5960 El Camino Real
STREET ADDRESS
SIDE OF
AND
Orion St.
(NAME OF STREET)
El Camino Real
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE 5
10) PROPOSED NUMBER OF LOTS ~ 11) NUMBER OF EXISTING lo7 12) PROPOSED NUMBER OF ~ L:J RESIDENTIAL UNITS ~ RESIDENTIAL UNITS ~
13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ ~15) PROPOSED COMM G SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENT AGE OF PROPOSED ~17) PROPOSED INCREASE IN ~/A 18) PROPOSED SEWER ~ PROJECT IN OPEN SPACE ADT USAGE IN EDU
19) GROSS SITE ACREAGE B 20) EXISTING GENERAL 021) PROPOSED GENERAL
0 PLAN PLAN DESIGNATION
22) EXISTING ZONING 0 23) PROPOSED ZONING 0
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO EN OR T, IS PURPOSE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
DATE FEE PAID
Form 16
FEE REQUIRED
MAR O 4 2002
CITY OF CARLSBAD
PLANNING DEPT. DATE ST AMP APPLICATION RECEIVED
RECEIVED BY:
RECEIPT NO.
PAGE 2 OF 2
.. ,
1)
□
□
□
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□
~
□
□
□
□
□
□
APPLICATIONS APPLIED FOR:
Administrative Permit -2nd
Dwelling Unit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Amendment
Condominium Permit
Environmental Impact
Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Plan Amendment
Master Plan
Non-Residential Planned
Development
Planned Development Permit
.,
•
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION • (CHECK BOXES)
(FOR DEPARTMENT (FOR DEPARTMENT
USE ONLY) USE ONLY)
□ Planned Industrial Permit
□ Planning Commission
Determination
□ Precise Development Plan
C!uf>~Ot,, □ Redevelopment Permit
□ Site Development Plan
E::ri<b3-o4-□ Special Use Permit
□ Specific Plan
□ +eA:t:a:t:ive F!arnel Ma13
Obtain from Engineering Department
□ Tentative Tract Map
□ Variance
□ Zone Change
□ List other applications not
specified
2) ASSESSOR PARCEL NO(S).: 209-050-25 ------------------------------
3) PROJECT NAME: Palomar Transfer Station ------------------------------
4) BRIEF DESCRIPTION OF PROJECT: Modification of an existing trash transfer station
5) OWNER NAME (Print or Type)
County of San Diego
Department of Public Works
c/o: John Snyder, Director of Public Works
MAILING ADDRESS
5555 Overland Drive
6) APPLICANT NAME (Print or Type)
Palomar Transfer Station, Inc.
c/o: James Ambroso, V.P.
MAILING ADDRESS
8364 Clairemont Mesa Blvd.
CITY AND STATE
San Diego, CA
ZIP
92123
TELEPHONE CITY AND STATE ZIP
92111
TELEPHONE
(858)-624 2233
~57-Slo>\
(858} 694-2212 San Diego, CA
I CERTIFY 1 HAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
li-!F-ORMATION IS TRUE AND CORRECT TO THE BEST OF MY
K~-iOWLEDGE.
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST O KNOWLEDGE.
C) .? 1drl1~
DATE
7) BRIEF LEGAL DESCRIPTION A portion of lot A and B of Rancho Aqua Hedionda according to
map 823 filed on November 16, 1986
Form 16 PAGE 1 OF 2
.
NOT!:!: A PkC?OSED PROJECT REQUIRl_&MULTIPLE APPLICATIONS BE FILED, MUS1iaii SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONL-E APPLICATION BE FILED, MUST BE SUB9r°ED PRIOR TO 4:00 P.M.
8) LOCATION OF PROJECT:
ON THE
BETWEEN
East
{NORTH, SOUTH, EAST, WEST)
Faraday A venue
(NAME OF STREET)
5960 El Camino Real
STREET ADDRESS
SIDE OF
AND
Orion St.
{NAME OF STREET)
El Camino Real
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE 5
10) PROPOSED NUMBER OF LOTS ~ 11) NUMBER OF EXISTING i-;-7 12) PROPOSED NUMBER OF lo7 ~ RESIDENTIAL UNITS ~ RESIDENTIAL UNITS ~
13) TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/ □15) PROPOSED COMM D SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED □17) PROPOSED INCREASE IN ~37 18) PROPOSED SEWER D PROJECT IN OPEN SPACE ADT USAGE IN EDU
19) GROSS SITE ACREAGE B20) EXISTING GENERAL 021) PROPOSED GENERAL
0 PLAN PLAN DESIGNATION
22) EXISTING ZONING 023) PROPOSED ZONING 0
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FOR THIS PURPOSE
/. ~~,Cl-"'~~"'~---
SIG NATURE ~~ ~~"'--~
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
DATE FEE PAID
Form 16
FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
RECEIPT NO.
PAGE 2 OF 2
• • CHICAGO TITLE COMPANY
RECEIVED PRELIMINARY REPORT
SEP 3 0 2002
CITY OF CARLSBAD
PLANNING DEPT.
Dated as of: July 2, 2002
Order No.: 13071463 -U52
at 7:30AM
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered. It is
important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO} IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: westerndivision.ctt.com
Title Department:
CHICAGO TITLE COMPANY
925 "B" STREET
SAN DIEGO, CA. 92101
(619)544-6291 fax: (619)544-6279
Steven R. Brown
TITLE OFFICER
PFP -08/05/SSbk
@
SCHEDULE A
OrderNo: 13071463 U52 Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
COUNTY OF SAN DIEGO
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
SEE ATTACHED DESCRIPTION
PREA -10/31/97bk
Page 1 DESCRIPTION
Order No. 13071463
PARCEL NO. 97-0085-Al
THAT PORTION OF MCCLELLAN-PALOMAR AIRPORT, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED JANUARY 18, 1974 AS FILE NO. 1974-014190 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO THE CITY OF
CARLSBAD RECORDED JUNE 30, 1982 AS FILE NO. 1982-201566 OF OFFICIAL RECORDS IN
SAID COUNTY RECORDER'S OFFICE; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID
CARLSBAD LAND, NORTH 78°42'04 11 WEST, 635.35, FEET TO A POINT ON THE EASTERLY LINE
OF A 48.00 FOOT ROAD AND UTILITY EASEMENT GRANTED TO SAID CITY OF CARLSBAD ON
SAID 1982 DEED; THENCE ALONG SAID EASTERLY LINE, SOUTH 11017'56" WEST, 519.92
FEET TO THE BEGINNING OF A TANGENT 326.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
54°45'22 11 , A DISTANCE OF 311.55 FEET; THENCE TANGENT TO SAID CURVE SOUTH
43°27'26 11 EAST, 112.20 FEET, THENCE LEAVING SAID EASTERLY LINE, NORTH 51°31'08 11
EAST, 235.72 FEET; THENCE NORTH 61°24'19 11 EAST, 355.40 FEET; THENCE NORTH
57°22'14 11 EAST, 246.04 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 88°35'04 11 , A DISTANCE OF 77.30 FEET; THENCE TANGENT TO SAID
CURVE NORTH 31°12'50 11 WEST, 51.72 FEET; THENCE NORTH 53°37'13 11 WEST, 169.04 FEET;
THENCE NORTH 4°55'29 11 EAST, 93.29 FEET TO THE POINT OF BEGINNING.
TAX PARCEL 760-166-84
SCHEDULE B
Page 1
OrderNo: 13071463 U52 Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
AM 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE.
A 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2001-2002.
1ST INSTALLMENT:
2ND INSTALLMENT:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
$5,715.77 (PAID)
$5,715.77 (PAID)
$NONE
09013
760-166-84
B 3. SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2001-2002 ASSESSED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1ST INSTALLMENT:
2ND INSTALLMENT:
CODE AREA:
ASSESSMENT NO. :
$32.01 (PAID)
$32.01 (PAID)
09013
8092684420
c 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
D 5. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED
LAND LYING WITHIN ORION STREET.
E 6. THE RIGHT OF JAMES KELLY, ROBERTS. KELLY, ELLEN K. HALL, ALICE K.
MORRISON AND LILLIE KELLY.ORTEGA, AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, TO USE ALL ROADS AND RIGHTS OF WAY THEN EXISTING OR TRAVELED
OVER AND ACROSS ANY PORTION OF THE PROPERTY HEREIN DESCRIBED, TOGETHER
WITH THE RIGHT AND EASEMENT TO INSTALL ANY POLES, WIRES, PIPES OR SIMILAR
UTILITY STRUCTURES OVER AND ALONG ANY OR ALL OF SUCH RIGHTS OF WAY, AS
GRANTED BY DEED DATED MARCH 26, 1936 AND RECORDED JULY 29, 1936 IN BOOK
541, PAGE 244 OF OFFICIAL RECORDS.
F 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PREB -10/31/97bk
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JANUARY 18, 1937 IN BOOK 613, PAGE 126 OF OFFICIAL
Page 2 SCHEDULE B
( continued)
Order No: 1.3071.463 U52 Your Ref:
AFFECTS:
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
G 8 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
COUNTY OF SAN DIEGO
PUBLIC ROAD
OCTOBER 2, 1.940 IN BOOK 1.068, PAGE 496 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
H SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND
DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS
OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND
MAINTENANCE THEREOF.
I 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
COUNTY OF SAN DIEGO
PUBLIC ROAD
OCTOBER 2, 1940 IN BOOK 1075, PAGE 403 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
J SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND
DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS
OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND
MAINTENANCE THEREOF.
K 10 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CARLSBAD MUNICIPAL WATER DISTRICT
ROAD AND UTILITY PURPOSES AND INCIDENTAL THERETO
DECEMBER 27, 1.961. AS FILE NO. 2221.99 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
L 11. ANY BOUNDARY DISCREPANCIES, RIGHTS OR CLAIMS WHICH MAY EXIST OR ARISE AS
DISCLOSED BY A RECORD OF SURVEY.
PRELIMBC·9/23/93bk
Page 3
OrderNo: 13071463 U52
SCHEDULE B ( continued)
Your Ref:
RECORD OF SURVEY NO.: 6493 AND RECORD OF SURVEY 7845
M 12 . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED
HEREIN, AND INCIDENTAL PURPOSES, CONDEMNED BY FINAL DECREE
PURPOSE:
CASE NO:
RECORDED:
AFFECTS:
THE INSTALLATION, CONSTRUCTION, OPERATION,
MAINTENANCE, REPAIR, REPLACEMENT AND RECONSTRUCTION OF
SEWER PIPE LINES AND/OR MAINS MANHOLES, SEWER LATERAL
PIPELINES AND ALL STRUCTURES INCIDENTAL THERETO,
TOGETHER WITH THE PERPETUAL RIGHT TO REMOVE BUILDINGS,
STRUCTURES, TREES, BUSHES, UNDERGROWTH, FLOWERS AND
ANY OTHER OBSTRUCTIONS INTERFERING WITH THE USE OF
SAID EASEMENTS AND RIGHT OF WAY
286258
JANUARY 4, 1965 AS FILE NO. 672 OF OFFICIAL RECORDS
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT
DISCLOSED OF RECORD.
N 13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JULY 29, 1975 AS FILE NO. 1975-197823 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
o 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
SAN DIEGO GAS AND ELECTRIC COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
JUNE 12, 1979 AS FILE NO. 1979-241682 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
P 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PRELIMBC-9/23/93bk
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
PUBLIC UTILITIES, INGRESS AND EGRESS
AUGUST 21, 1979 AS FILE NO. 1979-350469 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
Page 4 SCHEDULE B
( continued)
Order No: 13071463 U52 Your Ref:
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
Q 16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CARLSBAD MUNICIPAL WATER DISTRICT
FOR THE INSTALLATION, CONSTRUCTION, OPERATION,
MAINTENANCE, REPAIR, REPLACEMENT AND RECONSTRUCTION OF
WATER LINES
AUGUST 22, 1979 AS FILE NO. 1979-352199 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
R 1 7 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CITY OF CARLSBAD
FOR A PUBLIC HIGHWAY
SEPTEMBER 6, 1979 AS FILE NO. 1979-373667 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
s 18. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
COSTA REAL MUNICIPAL WATER DISTRICT
FOR ROAD PURPOSES
SEPTEMBER 23, 1980 AS FILE NO. 1980-308474 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
T 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PRELIMBC·9/23/93bk
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
ROAD AND UTILITY PURPOSES AND FOR DRAINAGE FACILITIES
AND PURPOSES
JUNE 30, 1982 AS FILE NO. 1982-201566 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
Page 5
OrderNo: 13071463 U52
SCHEDULE B
( continued)
Your Ref:
u 2 0 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
KAISER DEVELOPMENT COMPANY
FOR SLOPE AND DRAINAGE RIGHTS INCLUDING THE RIGHTS OF
EXCAVATION AND EMBANKMENT AND THE RIGHT TO CONSTRUCT
DRAINAGE STRUCTURES
MARCH 13, 1986 AS FILE NO. 1986-097937 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
v 21 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN
DATED:
BY AND BETWEEN:
RECORDED:
REGARDING:
MARCH 13, 1986
COUNTY OF SAN DIEGO, A POLITICAL SUBDIVISION OF THE
STATE OF CALIFORNIA, AND THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA
JUNE 27, 1986 AS FILE NO. 1986-265572 OF OFFICIAL
RECORDS
AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
w 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
FOR STORM DRAINAGE FACILITIES AND APPURTENANCES
NOVEMBER 17, 1987 AS FILE NO. 1987-642301 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
x 23. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
FOR SLOPES AND CONSTRUCTION PURPOSES
JULY 15, 1992 AS FILE NO. 1992-0443331 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
Y 24. A PENDING COURT ACTION AS DISCLOSED BY A RECORDED NOTICE.
PREUMBC-9/23/93bk
Page 6
OrderNo: 13071463 U52
PLAINTIFF:
DEFENDANT:
COUNTY:
COURT:
CASE NO:
NATURE OF ACTION:
RECORDED:
SCHEDULE B
( continued)
Your Ref:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
COUNTY OF SAN DIEGO, COAST WASTE MANAGEMENT, INC. , A
CALIFORNIA CORPORATION AND DOES 1 THROUGH 50,
INCLUSIVE
SAN DIEGO
SUPERIOR
N66415
THE PURPOSE OF THE ACTION IS TO CONDEMN AND TAKE, BY
RIGHT OF EMINENT DOMAIN REAL PROPERTY INTERESTS FOR
THE PALOMAR SOLID WASTE TRANSFER FACILITY
JANUARY 19, 1995 AS FILE NO. 1995-0025029 OF OFFICIAL
RECORDS
z A DOCUMENT ENTITLED "SETTLEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE
COUNTY OF SAN DIEGO AND COAST WASTE MANAGEMENT", DATED AUGUST 8, 1997
EXECUTED BY CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION, COAST
WASTE MANAGEMENT, INC., A CALIFORNIA CORPORATION AND THE COUNTY OF SAN
DIEGO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, SUBJECT TO ALL
THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 14,
1997 AS FILE NO. 1997-0389855 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
AA 25. UNRECORDED LEASE AND SUBLEASE AND THE TERMS, COVENANTS AND CONDITIONS SET
FORTH THEREIN AS EVIDENCED BY DOCUMENT ENTITLED "SETTLEMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD, THE COUNTY OF SAN DIEGO AND COAST WASTE
MANAGEMENT" RECORDED AUGUST 14, 1997 AS FILE NO. 1997-0389855 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
AB 26. AN IRREVOCABLE OFFER TO DEDICATE A PORTION OF SAID LAND FOR THE PURPOSES
STATED HEREIN
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
CITY OF CARLSBAD
PUBLIC HIGHWAY
JUNE 18, 2001 AS FILE NO. 2001-0406601 OF OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AC 27. THE FACT SAID LAND IS SHOWN ON RECORD OF SURVEY MAP NO. 17100 FILED IN
RECORDERS OFFICE OF SAN DIEGO COUNTY ON AUGUST 17, 2001.
AD 2 8 . AN UNRECORDED LEASE FROM COUNTY OF SAN DIEGO TO PALOMAR TRANSFER STATION,
INC. PARCEL 97-0085Al AS DISCLOSED BY RECORD OF SURVEY MAP NO. 17100.
AE 29. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND.
PRELIMBC-9/23/93bk
Page 7
Order No: 13071463 U52
SCHEDULE B
( continued)
Your Ref:
MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN.
AF 3 0 . MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
AN 31 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
PURPOSE:
RECORDED:
AFFECTS:
AG END OF SCHEDULE B
BUENA SANITATION DISTRICT
SEWER PIPELINES
APRIL 19, 2002 AS FILE NO. 2002-0331024, OFFICIAL
RECORDS
THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
AH NOTE NO. 1: THE REQUIREMENT SAID LEASE TO BE INSURED OR A MEMO THEREOF BE
RECORDED IN THE RECORDERS OFFICE OF SAN DIEGO COUNTY.
AI NOTE NO. 2: THE EFFECT OF ANY FAILURE TO COMPLY WITH THE TERMS, COVENANTS,
CONDITIONS AND PROVISIONS OF THE LEASE DESCRIBED OR REFERRED TO IN SCHEDULE
A.
AJ NOTE NO. 3: ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY MAKING INQUIRY OF THE
LESSORS AND THEIR SUCCESSORS IN INTEREST, IN THE LEASE DESCRIBED OR
REFERRED TO IN SCHEDULE A.
AX NOTE NO. 4: BEFORE ISSUING ANY POLICY OF TITLE INSURANCE, THIS COMPANY
WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED LEASE REFERRED TO HEREIN BE
FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, ASSIGNMENTS AND
AMENDMENTS.
AL JP
PRELIMBC-9/23/93bk
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• •
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whl:lther or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or
interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest
of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lanu or which may
be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Reorder Form No. 12699
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6·1-87)
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date -unless they appeared in the p4blic records
• that result in no loss to you
• that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in item 3 of Schedule A, or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Someone claiming an interest in your land by reason of:
A. Easements not shown in the public records
B. Boundary disputes not shown in the public records
C. Improvements owned by your neighbor placed on your land.
2. It, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered
Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from:
A. The forced removal of any Additional Dwelling Unit, or,
B. The forced conversion of any Additional Dwelling Unit back to its original use.
if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government
regulation.
CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (5/98)
EXCLUSIONS
In addition to the Exceptions in Schedule .8, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building c. Land use e. Land division
b. zoning d. improvements on the Land f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways tha.h the Land. '
" •-ThisEixclusion does not limit the cove ~ escribed in Covered Risk 11 or 18. •
t • ) '.?rctlr' th re O 1 H,, , 111•• ttsd
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALT A ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH AL TA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excl1Jding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over
any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under
construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the
insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. •
i.
AMERICAN _LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b)
2.
3.
(a)
(b)
(c)
(d)
(e)
4.
Any governmental police power hot excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on th~ rights of a purcliaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
created, suffered, assumed or agreed to by the insured claimant;
not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Date of Policy; or
resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
-~
• •-
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary actio~ 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 defined as "Any individual, firm, co-partnership, joint venture, assoc1at10n, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner 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 10% 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 Waste Management.
Title See attached
Address 5960 El Camino Real
Carlsbad, CA 92008
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, Airports Division
Address 1960 Joe Crosson Drive. (MS-S119), El Cajon, CA 92020
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 lll>
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust ---------Non Profit/Trust. __________ _
Title ____________ _ Title ______________ _
Address ___________ _ Address _____________ _
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past rwelve (12) months?
Oves ~ No If yes, please indicate person(s): _____________ _
NOTE: Attach additional sheets if necessary (please see Exhibit A).
I certify that all the above inform tion is true and correct to the best of my knowledge.
County of San Diego, Dept of Public Works, Airports Div. Waste Management.
c/o: Richard J. Jenkins, Director of County Airports
c/o: Ken Ryan, Manager
Print or type name of applicant Print or type name of owner
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
I' 'f • •
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which 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 defined as "Any individu,al, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
2.
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 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
Title -------------
Address ------------
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
.,,_
I
' ...... • •
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust ________ _ Non Profit/Trust -----------
Title Title ----------------------------
Address Address --------------------------
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
OYes ~ No If yes, please indicate person(s): _____________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
County of San Diego, Dept. of Public Works
c/o: John Snyder, Director of Public Works
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98
g2~
i;of applicant/date
Palomar Transfer Station, Inc.
c/o: James Ambroso
Print or type name of owner
Page 2 of 2
• RECEIVED
SEP 3 0 2002
ENVIRONMENTAL IMPACT ASSESSMENT FORM -~YX)F CARLSBAD
(TOBECOMPLETEDBYTHEAPPLICANT) PLANNING DEPT.
CASE NO: Cf) p 2--6o(g
DATE: Cf.---"30.-0~
BACKGROUND
I. CASE NAME: Palomar Transfer Station -Conditional Use Permit Amendment
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, 1635 Faraday Ave., Carlsbad, CA
3. CONTACT PERSON AND PHONE NUMBER: Stan Weiler -Hofinan Planning Associates -760.438.1465
4. PROJECT LOCATION: 5960 El Camino Real, Carlsbad CA 92008
5. PROJECT SPONSOR'S NAME AND ADDRESS: Palomar Transfer Station Inc. -Neil Mohr
6.
7.
8364 Clairemont Mesa Drive, San Diego CA 92111
GENERAL PLAN DESIGNATION: PI ----~---------------
ZONING: ___ ~M~----------------------
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): _N_/A ________________ _
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
Conditional Use Permit Amendment to increase the tonnage capacity, change hours of operation,
provide additional on-site truck/employee parking and increase the building floor area. The site
is currently being used as a trash transfer station. There is vacant land to the south and east of the
site. The city's safety center is located to the north and light industrial uses are to the west.
1 Rev. 07/26/02
•
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
D Aesthetics
D Agricultural Resources
~ Air Quality
~ Biological Resources
D Cultural Resources
~ Geology/Soils 0Noise
D Hazards/Hazardous Materials D Population and Housing
~ Hydrology/Water Quality
D Land Use and Planning
D Mineral Resources
D Mandatory Findings of
Significance
2
D Public Services
D Recreation
~ Transportation/Circulation
D Utilities & Service Systems
Rev. 07/26/02
•
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or
to rely on a previously approved EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by an information source cited in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A "No Impact" answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact."
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse.
• Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the
environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier
EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
• When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made
pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially
Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration
may be prepared.
3 Rev. 07/03/02
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect,
or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a
level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts, which would otherwise be determined significant.
4 Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
I. AESTHETICS -Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
II. AGRICULTRAL RESOURCES -(In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
III. AIR QUALITY -(Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
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Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
IV. BIOLOGICAL RESOURCES -Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species m local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
g) Impact tributary areas that are environmentally
sensitive?
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Rev. 07/03/02
Issues (and Supporting Infonnation Sources).
(Supplemental documents may be referred to and attached.)
V. CULTURAL RESOURCES -Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the signifi
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontologi
cal resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of fonnal cemeteries?
VI. GEOLOGY AND SOILS-Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Table 18
-1-B of the Uniform Building Code (1997), creating
substantial risks to life or property?
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Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
VII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
t) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
VIII. HYDROLOGY AND WATER QUALITY -Would the
project:
a) Violate any water quality standards or waste
discharge requirements?
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Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
Potentially
Significant
Impact
b) Substantially deplete groundwater supplies or D
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Impacts to groundwater quality? D
d) Substantially alter the existing drainage pattern of the D
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on-or off-
site?
e) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on-or off
site?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
g) Otherwise substantially degrade water quality?
h) Place housing within a I 00-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
i) Place within 100-year flood hazard area structures,
which would impede or redirect flood flows?
j) Expose people or structures to a significant risk of
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
k) Inundation by seiche, tsunami, or mudflow?
1) Increased erosion (sediment) into receiving surface
waters.
m) Increased pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality ( e.g., temperature,
dissolved oxygen or turbidity)?
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Rev. 07/03/02
Issues (and Supporting Infonnation Sources).
(Supplemental documents may be referred to and attached.)
n) Changes to receiving water quality (marine, fresh or
wetland waters) during or following construction?
o) Increase in any pollutant to an already impaired
water body as listed on the Clean Water Act Section
303(d) list?
p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
IX. LANDUSE AND PLANNING -Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X. MINERAL RESOURCES -Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of future value to the region
and the residents of the State?
b) Result m the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
XI. NOISE -Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbourne vibration or groundboume noise
levels?
c) A substantial pennanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
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Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
XII. POPULATION AND HOUSING -Would the project:
a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
XIV. RECREATION
a) Would the project
neighborhood and
recreational facilities
deterioration of the
accelerated?
increase the use of existing
regional parks or other
such that substantial physical
facility would occur or be
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Rev. 07/03/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
XV. TRANSPORTATION/TRAFFIC -Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turn
outs, bicycle racks)?
XVI. UTILITIES AND SERVICES SYSTEMS -Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environme1:1tal effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
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-Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula
tively considerable" means that the incremental
effects of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects?)
c) Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
XVIII. EARLIER ANALYSES
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Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
13 Rev. 07/03/02
DISCUSSION OF ENVIRONMENTAL EVALUATION
AIR QUALITY-Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area
for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(APCD) and the San Diego Association of Governments (SANDAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS.
Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct
implementation of the regional plan.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of
Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality
violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in
2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates
in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated
with the project, the project would involve minimal short-term emissions associated with grading and construction.
Such emissions would be minimized through standard construction measures such as the use of properly tuned
equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project
will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in
the violation of any air quality standard ( comprising only an incremental contribution to overall air basin quality
readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
14 Rev. 07/03/02
Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine
particulates. The proposed project would represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. As described above, however, emissions associated with the
proposed project would be minimal. Given the limited emissions potentially associated with the proposed project,
air quality would be essentially the same whether or not the proposed project is implemented. According to the
CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered
de minimus. Any impact is assessed as less than significant.
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01).
City of Carlsbad Planning Department. March 1994.
15 Rev. 07/03/02
-LIST OF MITIGATING MEASURES (IF APPLICABLE)
SEE ATTACHED DISCUSSION OF ENVIRONMENT AL EVALUATION
ATTACH MITIGATION MONITORING PROGRAM {IF APPLICABLE)
SEE ATTACHED DISCUSSION OF ENVIRONMENTAL EVALUATION
16 Rev. 07/03/02
RECEIVED
SEP 3 0 2002
EIAPARTI CITY OF CA.
DISCUSSION OF ENVIRONMENTAL EVALUATION PLANNING ~~BAO PT.
PALOMAR TRANSFER STATION
CONDITIONAL USE PERMIT AMENDMENT -CUP 260 (C)
The purpose of the conditional use permit amendment is to allow for an increase in the tonnage
capacity, a change in hours of operation, modifications to the site to accommodate additional on
site parking and an increase of the building floor area.
I. AESTHETICS
a) No Impact: The proposed modifications are in conformance with the zoning
ordinance and do not affect a scenic vista or scenic highway.
b) No Impact: Since there are no scenic resources or historic buildings within a
State scenic highway on this site, the proposed modifications create no impact.
c) No Impact: The proposed modifications are in conformance with the zoning
ordinance and do not affect the visual character or quality of the site and
surroundings.
d) No Impact: The proposed modifications are in conformance with the zoning
ordinance and do not create a new or substantial increase source of light and glare.
II. AGRICULTURAL RESOURCES
a) No Impact: Since the project site is not shown on the maps identifying Farmland
of Statewide Importance, there are no impacts to these farmland areas.
b) No Impact: The proposed project does not fall within lands under Williamson
Act contracts.
c) No Impact: Since the proposed project includes only modifications to an existing
use, the proposed project will not result in the conversion of any Farmland to a
non-agricultural use.
III. AIR QUALITY
a) No Impact: Since the proposed project includes only modifications to an existing
use and the proposed project is in conformance with the city's General Plan and
Zoning designations for industrial use, the proposed project will not result in
impacts to the implementation of the applicable air quality plan.
1
b) Less Than Significant Impact: In the long term, proposed project will generate
additional vehicular traffic. However, the additional traffic generated is not a
significant increase that would contribute substantially to the violation of an air
quality standard. Therefore, the impact is considered less than significant.
c) Potentially Significant Unless Mitigation Incorporated: The proposed project
will generate additional vehicular traffic that will result in impacts to air quality
on a cumulative basis. However, pursuant to the city of Carlsbad General Plan
Master EIR a variety of mitigation measures has been recommended and is being
implemented. In addition the Final Master EIR also included a "Statement of
Overriding Considerations" for air quality impacts.
d) Potentially Significant Unless Mitigation Incorporated: The existing use of the
site as a trash transfer station can potentially impact sensitive receptors to airborne
pollutants if mitigation is not proposed. The existing use is required to implement
dust reduction measures to reduce the amount of airborne particles to a level less
than significant. These measures have been implemented and will continue to be
implemented with the modification proposed.
e) Less Than Significant Impact: Since the site is located well away from
substantial numbers of people and the implementation of airborne particle
reduction measures, impacts involving the creation of objectionable odors will not
be a significant impact.
IV. BIOLOGICAL RESOURCES
a) Less Than Significant Impact: Pursuant to the Biological Report prepared by
Dudek and Associates, the modifications to the project site will create a less than
significant impact on sensitive habitat or species.
b) Potentially Significant Unless Mitigation Incorporated: The proposed project
includes the elimination of O .1 acres of wetland. Since it has been determined that
the wetland falls under the jurisdiction of the California Department of Fish and
Game and the Regional Water Quality Control Board mitigation measures will be
required and permits obtained from those agencies.
c) No Impact: The proposed project does not impact any federally protected
wetlands as defined by Section 404 of the Clean Water Act.
d) No Impact: The proposed project does not encroach into habitat corridors and
will not impact the movement of native or migratory wildlife species.
e) No Impact: The proposed project does not conflict with any local policies or
ordinances protecting biological resources. All required mitigation measures for
the elimination of the wetland area will be maintained.
2
f) No Impact: The proposed project site is not located within any areas preserved
under the provisions of an adopted HCP, NCCP, or other approved local, regional,
or state HCP.
g) No Impact: The proposed project modifications are located on-site within mostly
disturbed habitat areas and will not create any impacts to tributary areas that are
environmentally sensitive.
V. CULTURAL RESOURCES
a) No Impact: Since there are no historical resources located on the project site, the
proposed project will not create an impact to a historical resource as defined in
§15064.5.
b) No Impact: Since there are no archeological resources located on the project site,
the proposed project will not create an impact to an archeological resource as
defined in §15064.5.
c) No Impact: Since there are no unique paleontological resources or unique
geological features located on the project site, the proposed project will not
impact these resources.
d) No Impact: Since no human remains have been found and it is not anticipated
that human remains will be found, the proposed project does not disturb any
human remains.
VI. GEOLOGY AND SOILS
a) Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury or death involving:
1. No Impact: Ground rupture generally is considered to occur along pre
existing fault strands. Since no active faults have been mapped on the site or
in close proximity of the project site, ground rupture on-site is considered
unlikely.
11. Potentially Significant Unless Mitigation Incorporated: The seismic
hazard most likely to impact the site is ground shaking resulting from an
earthquake on a major regional active fault. Due to the relatively close
proximity of the Rose Canyon Fault Zone to the project site, the most
significant ground shaking would be from that fault. All grading and structures
must conform to the latest grading and building requirements approved by the
City of Carlsbad.
3
iii. No Impact: Based on soils studies prepared in close proximity to the project
site, it does not appear that this site is prone to ground failure or liquefaction
due to seismic activity.
iv. No Impact: Based on soils studies prepared in close proximity to the project
site, it does not appear that this site is prone to landslide activity.
b) No Impact: Since all exposed graded slopes will be landscaped, there will be no
impacts involving substantial soil erosion or the loss of topsoil.
c) No Impact: Based on soils studies prepared in close proximity to the project site,
it does not appear that the project site is located on a geologic unit or on soil that
is unstable or would become unstable. Therefore, landslides, lateral spreading,
subsidence, liquefaction or collapse would most likely not impact the project.
d) No Impact: Based on soils studies prepared in close proximity to the project site,
it does not appear that the project site is located on expansive soils.
e) No Impact: The proposed project does not propose septic tanks and will use the
existing sewer system. Therefore, there will be no impacts involving soils that
support the use of septic tanks or alternative wastewater disposal systems.
VII. HAZARDS AND HAZARDOUS MATERIALS
a) No Impact: The project does not propose to routinely transport, use or dispose of
hazardous materials. Therefore, no significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials
will occur.
b) No Impact: Since the project does not propose the handling of hazardous
materials, there is no known risk of accidental release of hazardous materials into
the environment.
c) No Impact: The proposed project is not located within a¼ mile of a school but
will not involve the emission or handling of hazardous materials, substances, or
waste. Therefore, there will be no impacts involving the emission or handling of
hazardous materials close to a school.
d) No Impact: This site is not located on a site that is included on a list of
hazardous materials sites compiled pursuant to Government Code Section
65962.5.
4
e) Less Than Significant Impact: Although the site is located within two miles of
an airport, the proposed modifications to the project site will not result in a safety
hazard for people working in the project area. The volume of people working at
the project site is very low compared to other land uses that are located within the
flight pattern of the airport.
f) No Impact: The proposed project is not within the vicinity of a private airstrip
and will not result in a safety hazard for people residing or working in the project
area.
g) No Impact: Since the entrance to the project site is not located on an evacuation
route, it is not anticipated that the project site will create interference with an
emergency response plan or emergency evacuation plan.
h) No Impact: Due to the substantial setback of building away from the vacant land
to the east and south of the project site, it is anticipated that there will be no
significant risk to people or structures resulting from wildland fires.
VIII. HYDROLOGY AND WATER QUALITY
a) Potentially Significant Unless Mitigation Incorporated: The proposed project
could potentially violate water quality standards or waste discharge requirements
if appropriate mitigation measures were not implemented. The existing transfer
station has a Storm Water Pollution Prevention Plan covering the site. The
proposed expansion of the site may be required to update the SWPPP to ensure
compliance with NPDES requirements.
b) No Impact: The proposed project will not require groundwater and will not
contribute to groundwater recharge. Therefore, the proposed project does not
create an impact to groundwater supplies or groundwater recharge efforts.
c) Potentially Significant Unless Mitigation Incorporated: With the
implementation of the SWPPP and compliance with NPDES requirements, the
mitigation measures required for this site will reduce the impacts to groundwater
quality to a level less than significant.
d) No Impact: The proposed project will not substantially alter the existing drainage
pattern of the site or area through the alteration of a course of a stream or river.
5
e) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements will ensure that the off-site flow does not
increase beyond the current level.
:t) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements, the SWPPP and NPDES requirements will
ensure that the off-site flow does not increase the contribution to runoff water
which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of polluted runoff.
g) No Impact: Since the proposed project does not include improvements to the
potable water system, there will be no impacts to or involve substantial
degradation of water quality.
h) No Impact: This project does not place housing within a 100-year flood hazard
area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood delineation map.
i) No Impact: This project does not place structures withinl00-year flood hazard
areas that would impede or redirect flood flows.
j) No Impact: The proposed project will not expose people or structures to water
related hazards such as flooding.
k) No Impact: The project site is not located in an area prone to impacts created by
seiche, tsunami, or mudflow.
1) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements will ensure that there will be no increased
erosion causing sediment to flow into receiving waters.
m) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements, the SWPPP and the NPDES requirements
will ensure that the off-site flow does not increase pollutant discharges.
6
n) Less Than Significant Impact: Standard erosion control measures shall be
implemented during and after construction to ensure that any changes to receiving
waters is at a less than significant level.
o) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements, the SWPPP and the NPDES requirements
will ensure that the off-site flow does not increase pollutant discharges.
p) Potentially Significant Unless Mitigation Incorporated: An increase in surface
runoff volumes is anticipated because the project will introduce impervious
surfaces on an area that is currently vacant. However, compliance with on-site
storm water retention requirements, the SWPPP and the NPDES requirements
will ensure that the off-site flow does not exceed surface or ground water quality
objectives.
IX. LAND USE AND PLANNING
a) No Impact: Since the proposed project is expanding on vacant property and is in
conformance with zoning requirements, the project does not disrupt the physical
arrangement of an established community.
b) No Impact: The proposed project does not conflict with any applicable land use
plan, policy, or regulation of an agency with jurisdiction over the project adopted
for the purpose of avoiding or mitigating an environmental effect.
c) No Impact: The proposed project does not propose the elimination of habitat nor
does the project encroach into the proposed Habitat Management Plan
preservation area.
X. MINERAL RESOURCES:
a) No Impact: The proposed project will not result in the loss of availability of a
known mineral resource that would be of future value to the region and the
residents of the State since there are no known mineral resources on site.
b) No Impact: The proposed project will not result in the loss of availability of a
locally important mineral resource recovery site delineated on any land use plan
since there are no known mineral resources on site.
7
XI. NOISE:
a) Less Than Significant Impact: The proposed project will create short term and
long term noise impacts due to the construction and the on-going operation of the
site as a transfer station. However, the increase in noise level is not considered
significant and will not involve exposure of persons to or generation of noise
levels in excess of established standards.
b) Less Than Significant Impact: The proposed project will include the use of
heavy equipment during and after construction. However, the heavy equipment
does not involve exposure of persons to or generation of excessive groundbourne
vibration or noise levels.
c) Less Than Significant Impact: The proposed project will increase the
permanent ambient roadway noise levels as a result of the additional traffic
generated. However, the ambient noise level increase is not significant when
considering the anticipated traffic level increase generated by future development.
d) Less Than Significant Impact: The proposed project will include a temporary
or periodic increase in ambient noise levels However, the ambient noise level
increase is not significant when considering the anticipated traffic level increase
generated by future development.
e) Less Than Significant Impact: The proposed project has the potential to expose
people working at the site to noise from the McClellan-Palomar Airport. The
project is located within the Noise Impact Notification Area. However, the
impacts involving exposure of people to severe noise levels due to the airport is
not considered significant.
f) No Impact: The proposed project is not within the vicinity of a private airstrip.
XII. POPULATION AND HOUSING
a) No Impact: The proposed project will not induce substantial growth in an area
either directly or indirectly. The project is proposing the modifications to the
current use in order to accommodate the growth that will occur in the further.
b) No Impact: The proposed project will not displace existing housing because
there is no existing affordable housing on site.
c) No Impact: The proposed project will not displace people because there is no
existing housing on site.
8
XIII. PUBLIC SERVICES
a.i) No Impact: The proposed project site is in conformance with the city's zoning
and General Plan. Therefore, impacts involving fire protection will not be greater
than those already anticipated by the land use designation.
a.ii) No Impact: The proposed project site is in conformance with the city's zoning
and General Plan. Therefore, impacts involving police protection will not be
greater than those already anticipated by the land use designation.
a.iii) No Impact: Since the proposed project is non-residential and does not create a
demand for school facilities, there are no impacts on school facilities.
a.iv) Less Than Significant Impact: The proposed project is nonresidential and
creates a small demand for park facilities. A park fee is required to be paid for
nonresidential development occurring within the Zone 5 LFMP in order to
mitigate the small impacts to park and recreation facilities.
a.v) No Impact: The proposed project site is in conformance with the city's zoning
and General Plan. Therefore, impacts to other public facilities will not be greater
than those already anticipated by the land use designation.
XIV. RECREATION
a) Less Than Significant Impact: The proposed project will not increase the
demand for neighborhood or regional parks or recreational facilities such that
substantial physical deterioration of a park facility would occur or be accelerated.
However, employees of the transfer station may use park facilities on a very
limited basis. Therefore, a park fee is required to be paid for nonresidential
development occurring within the Zone 5 LFMP in order to mitigate the small
impacts park and recreation facilities.
b) No Impact: The proposed project does not include the construction of
recreational facilities.
XV. TRANSPORTATION/TRAFFIC
a) Less Then Significant Impact: This project would result in increased vehicle
trips. However, the additional trips are not considered significant.
9
b) Potentially Significant Unless Mitigation Incorporated: Additional vehicular
trips generated by the proposed project will have a cumulative effect on traffic
without the assumed roadway improvements anticipated to occur in the near
future.
c) No Impact: The modifications to the building and the project site are well within
the limits acceptable by the airport plan. Therefore, air traffic patterns will not be
impacted by the proposed project.
d) No Impact: The proposed project does not include site design changes that would
result in hazardous design features or incompatible uses.
e) No Impact: The proposed project does not include any changes that will reduce
emergency access to and from the site.
f) No Impact: The proposed project exceeds the required parking capacity.
g) No Impact: The proposed project does not conflict with adopted policies, plan or
programs supporting alternative transportation.
XVI. UTILITIES AND SERVICES SYSTEMS
a) Less Than Significant Impact: The proposed project will increase the amount
of sewage generated from the site. However, the increase is considered
insignificant and will not create an impact exceeding wastewater treatment needs.
b) Less Than Significant Impact: The proposed project will increase the amount of
sewage generated from the site. However, the increase is considered insignificant
and will not create the need to construct or expand existing water or wastewater
facilities.
c) Less Than Significant Impact: The proposed project will increase the amount
of stormwater generated from the site. However, the increase is considered
insignificant and will not create the need to construct or expand storm water
drainage facilities.
d) Less Than Significant Impact: The proposed project will increase the amount of
water usage on the site. However, the increase is considered insignificant and will
not create the need for new entitlements and/or resources.
e) Less Than Significant Impact: The proposed project will increase the amount of
sewage generated from the site. However, the increase is considered insignificant
and will not affect the projected demand anticipated by the wastewater treatment
facility.
10
:t) No Impact: The proposed project is a part of the solid waste disposal process.
The proposed project is necessary to ensure that adequate solid waste removal
from the city continues.
g) No Impact: The proposed project is in conformance with federal, state, and local
statutes and regulations for solid waste.
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Less Than Significant Impact: The proposed project is in conformance with the
zoning and land use designations for the site and does not have the potential to
substantially degrade the quality of the environment.
b) Potentially Significant Unless Mitigation Incorporated: The proposed project
creates impacts that are individually limited, but cumulatively considerable.
Impacts that are cumulatively considerable include impacts to air quality
biological resources, geology and soils, hydrology and water quality, and
transportation.
c) Less Than Significant Impact: The proposed project does create impacts
involving environmental effects on human beings. However, the effects are not
considered substantial.
XVIII. EARLIER ANALYSIS
a) Earlier Analysis Used
1. Final Master Environmental Impact Report for the City of Carlsbad
General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad
Planning Department.
11. Environmental Impact Report for the Palomar Trash Transfer Facility
(EAD Log #77-7-34, Project# UJ7842), dated November, 1977.
111. Environmental Impact Assessment Form-Part II, Prepared by the City of
Carlsbad Planning Department, February 2, 1997
b) Impacts Adequately Addressed
1. Due to the time that has elapsed since the original EIR was prepared for
this site, all items identified as Potentially Significant Unless Mitigation
Incorporated should be addressed during the preparation of a new EIR.
11
•
c) Mitigation Measures
1. Due to the time that has elapsed since the original EIR was prepared for
this site, all items identified as Potentially Significant Unless Mitigation
Incorporated should be addressed and mitigation measures should be
updated to ensure that impacts are mitigated to a level less than significant
during the processing of a new EIR.
12
Cf~'f of °'3.rlsbad
SEP 3 0 2002 ■:..ifJ,i,h,Gl•JJ·i=iai 11 t?i,il
CITY OF CARLSBAD
PLANNING DEPT.
HAZARDOUS WASTE AND SUBSTA~CES STATEI\-1E~T
Consultation Of Lists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one):
e§: The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICA.NT
Name: Palomar Transfer Station
Address: 8364 Clairemont Mesa Blvd.
San Diego, CA 92111
Phone Number: 8 5 8-6 3 7 -5 61 0
Address of Site: 59 60 El Camino Real
PROPERTY OWNER
County of San Diego
Name: ,Iobo Snyder, Director of P.W
Address: 5555 Overland Drive
San Diego, CA 92123
PhoneNumber: 858-694-2212
Local Agency (City and County): City of. Carlsbad, County of San Diego
Assessor's book, page, and parcel number:_=2-""0_,_9~0.....,5"""0'---..... 2 ..... 5'--______________ _
Specify list(s): State of California Hazardous Waste & Substances List
Regulatory Identification Number: ________________________ _
Dateoflist: April, 1998 (as provided by Carl·;'-,ad Planning) --------------
Admin!Counter/HazWaste
1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @
• •
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.)
5960ECR
Carlsbad, CA 92008
•
EXHIBIT A
ADDITIONAL PERSONS HA YING 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 Coast Waste Management)
8364 Clairemont Mesa Blvd.
San Diego, CA 92111
'or
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.
Jo Lynn W
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 Am bro so
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 Ambroso,
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.
SITE
RD
PALOMAR TRANSFER STATION
EIR 03-04/CUP 260(C)
LOCATION MAP
PALOMAR AIRPORT
PALOMAR TRANSFER STATION
... Q) ,;,,:.
C
10
.. .,,000 -
APH 200•060
""' -
32' q
I
I
I
(T'rP.)
•~J • .,,.,, ----~ •. ,,., . ~ . .,,,. .,,.
■ "'~" • .,,,., 0 ■
J2' < ~f ,.5 .
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rr,
20
c;1-r-001,1v
RECEIVED
I
JAN 2 3 2003
26
/