HomeMy WebLinkAboutCUP 260E; Palomar Transfer Station; Conditional Use Permit (CUP)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
item No.
P.C. AGENDA OF: January 21, 2015
Application complete date: November 25, 2014
Project Planner: Pam Drew
Project Engineer: David Ricl<
SUBJECT: CUP 260(E) - PALOMAR TRANSFER STATION - Request for a recommendation of
approval of a Conditional Use Permit Amendment to increase the hours of public access
to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday
to 7:00 a.m. to 4:00 p.m. Monday through Friday on a site located at 5960 El Camino Real
between Faraday Avenue and El Camino Real and within in Local Facilities Management
Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7080 RECOMMENDING
APPROVAL of an amendment to CUP 260, based upon the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project involves a request to increase the hours of public access to the PTS to 7:00 a.m. to 4:00 p.m.
Monday through Friday. Currently the public access hours are from 9:00 a.m. to 4:00 p.m. Monday
through Friday. Public access hours on Saturdays and Sundays are from 7:30 a.m. to 4:00 p.m. and would
not change.
The proposed changes in public access hours require approval of a CUP Amendment. The Planning
Commission would be the final decision maker on typical CUP amendments; however, this project is
located within the industrial zone (M) which requires City Council approval for this type of use.
The PTS was originally permitted on this site in 1977 (CUP 140), and there have been various extensions
and amendments (including a new permit number (CUP 260)) granted for the facility since that time. In
1977 the hours of operation for public access were 7:00 a.m. to 9:00 p.m. seven days a week. CUP 260(B)
allowed for public access from 7:30 a.m. to 4:00 p.m. on Saturday and Sunday only. CUP 260(C) requested
to increase public access to include 7:00 a.m. to 4:00 p.m. Monday through Friday.
The Planning Commission, at its December 1, 2004 meeting, recommended approval of the applicants
request to expand the PTS and to increase the hours for public access to Monday through Friday from
7:00 a.m. to 4:00 p.m. and from 7:30 a.m. to 4:00 p.m. on Saturday and Sunday (CUP 260(C)).
The City Council, at its February 1, 2005 meeting, received a memo from the City Attorney suggesting
additional conditions to the CUP amendment, as a result of Mayor Lewis' concerns about traffic impacts
from outside of the city, which clarified the tonnage limit, the days/hours of operation and truck route
control. The City Council incorporated the City Attorney's additional conditions in Resolution No. 2005-
029. The public access hours were reduced to Monday through Friday from 9:00 a.m. to 4:00 p.m.
Saturday and Sunday remained the same from 7:30 a.m. to 4:00 p.m.
CUP 260(E) - PALOMAR TRANSFER STATION
January 21, 2015
Page 2
However, per the City of Carlsbad's Traffic Monitoring Program, dated October 28, 2004, the morning
peak hours were from 7:00 a.m. to 8:00 a.m. at the intersections of El Camino Real at Palomar Airport
Road (2,218 total vehicles) and El Camino Real at Faraday Avenue (2,781 total vehicles). The reduced
hours for public access may have been related to the a.m. peak hour. However, the Level of Service (LOS)
for the morning peak hour at the intersections was B. LOS determinations are standardized criteria to
determine levels of operational efficiency and can range from A (free flowing traffic) to F (gridlocked
traffic). The City of Carlsbad has established the threshold for acceptable LOS at city intersections and
along roadway segments as LOS D or better (80 to 90% capacity) during peak hours and LOS C during off-
peak hours.
Furthermore, the City Attorney's memo stated that the applicant may request an amendment to expand
the hours of operation up to the limits specified in the Project's Final Environmental Impact Report (FEIR
04-03) for the CUP amendment (CUP 260(C)), adopted by the City Council on February 1, 2005. The FEIR
included analysis for public access seven days a week from 7:00 a.m. to 4:00 p.m.
Additionally, the Project's FEIR (04-03) states in Section 2.14.4.2 - Trip Distribution and Assignment, the
greatest traffic volumes for the PTS for any one-hour time period for the a.m. peak hour volume is from
6:00 a.m. to 7:00 a.m. and the p.m. peak hour volume is between 4:00 p.m. and 5:00 p.m. According to
the application, the Waste Management collection trucks start departing the PTS at 5:30 a.m. and the last
truck leaves by 6:30 a.m. Given that all waste collection trucks leave the facility by 6:30 a.m., there is no
potential for conflicts with incoming public customers beginning at 7:00 a.m.
The FEIR analyzed the potential impacts of the project on the surrounding circulation system and
determined that the proposed project would have an adverse cumulative impact on the existing roadway
system in the vicinity of the project site. While the impacts were considered less than significant, the
project was required to contribute traffic impact fees to fund a fair share of the planned roadway
improvements for cumulative projects and related traffic growth in the City of Carlsbad. No additional
project specific mitigation measures were required.
The City of Carlsbad's Traffic Monitoring Program, dated November 18, 2014, states that the morning
peak hours are from 7:45 a.m. to 8:45 a.m. at the intersections of El Camino Real at Palomar Airport Road
(2,357 total vehicles) and El Camino Real at Faraday Avenue (3,400 total vehicles). The applicant stated
that approximately 40 to 50 vehicles arrive at the PTS between the hours of 7:00 a.m. to 9:00 a.m. The
applicant stated that they allow the vehicles to use the facility starting at 7:30 a.m. instead of turning
them away and requiring them to come back later. The Solid Waste Facility Permit issued by the County
of San Diego for the PTS states the facility's hours of operation for public access are from 7:00 a.m. to 4:00
p.m. The applicant would like the hours of operation for their CUP to be the same hours as their Solid
Waste Facility Permit. The LOS for these intersections is B. The City of Carlsbad Transportation
Department reviewed the proposed increase in public access hours and determined that no significant
impact would occur.
III. ANALYSIS
The existing transfer station continues to be consistent with all applicable plans, policies and regulations
described below:
A. City of Carlsbad General Plan Planned Industrial (PI) designation;
B. Industrial (M) Zone regulations (Chapter 21.32 of the Carlsbad Municipal Code);
C. Conditional Use Regulations (Chapter 21.42 of the Carlsbad Municipal Code);
D. McClellan-Palomar Airport Land Use Compatibility Plan; and
E. Growth Management Regulations (Chapter 21.90 of the Carlsbad Municipal Code).
CUP 260(E) - PALOMAR TRANSFER STATION
January 21, 2015
Page 3
The recommendation for approval for this project was developed by analyzing the project's consistency
with the applicable city regulations and policies. The project's compliance with each of the above
regulations is discussed in detail in the sections below.
A. General Plan
Staff has analyzed the proposed project for consistency with the city's General Plan. Staff has concluded
that the project is consistent with the PI General Plan designation as discussed in Table 1, below.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJEaiVE OR PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPUANCE
Land Use,
Industrial,
Objective B.l
"To provide industrial lands
which can accommodate a wide
range of industrial uses,
including those of relatively high
intensity, while minimizing
negative impacts to surrounding
land uses."
The proposed project would
increase the hours of public
access to the transfer station from
Monday through Friday 9:00 a.m.
to 4:00 p.m. to Monday through
Friday 7:00 a.m. to 4:00 p.m. and
continued operation of the
existing trash transfer facility,
which is an allowed use under the
PI designation as implemented by
M zoning.
Yes
B. Industrial (M) Zoning
The existing PTS is permitted in the M (Industrial) zone subject to approval of a Conditional Use Permit.
The amendment would only increase the hours of operation; therefore, setback and height requirements
are not applicable. The PTS, as modified by this amendment, would remain in compliance with all
applicable requirements of the M zone as demonstrated in Table 2, below.
TABLE 2 - INDUSTRIAL ZONE CONFORMANCE
M ZONE STANDARD REQUIRED PROPOSED
Permitted Use Transfer facilities are a conditionally allowed use. Transfer station
Conditional Uses
Conditional uses such as the existing PTF possess unique and special characteristics which make it
impractical to include them as permitted uses "by right" in the various zoning districts. Staff has reviewed
the proposed CUP Amendment and has concluded that the necessary findings can be made as discussed
in detail in Table 3, below.
CUP 260(E) - PALOMAR TRANSFER STATION
January 21, 2015
Page 4
TABLE 3 - CONDITIONAL USE PERMIT FINDINGS
FINDING PROJECT CONSISTENCY
That the requested use is necessary or desirable for
the development of the community, is essentially in
harmony with the various elements and objectives
of the General Plan, including, if applicable, the
certified Local Coastal Program, specific plan or
master plan.
The proposed amendment is to increase hours of
operation for public access. No structures are
proposed.
That the requested use is not detrimental to
existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located.
The project site is surrounded by areas zoned for
open space or industrial uses. Much of the
surrounding area is undeveloped. The developed
sites contain industrial type uses (e.g., the CMWD
office and equipment storage yard. Safety Center,
etc.). Therefore, the expanded hours of operation
for public access is not detrimental to any existing
uses or permitted uses in the area.
That the site for the proposed conditional use is
adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading
facilities, buffer areas, landscaping and other
development features prescribed in this code and
required by the City Planner, planning commission
or city council, in order to integrate the use with
other uses in the neighborhood.
The proposed amendment is to increase hours of
operation for public access. No structures are
proposed.
That the street system serving the proposed use is
adequate to properly handle all traffic generated by
the proposed use.
The LOS for the street system surrounding the PTS
is B which is considered to be acceptable. The
additional vehicles are not anticipated to change
the LOS at the intersections; therefore, the street
system serving the facility is adequate to properly
handle all existing and proposed traffic.
McClellan-Palomar Airport Land Use Compatibility Plan
The proposed project site is within a mile of the McClellan-Palomar Airport and is located within the
existing Airport Influence Area and the Airport Flight Activity Zone and as such is regulated by the
amended McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP), dated March 4, 2010. The
project site is located outside the 60 dBA Community Noise Equivalent Level (CNEL) contour and is
compatible with the Noise/Land Use Compatibility Matrix. The finding required by the ALUCP can be
supported, as demonstrated in Table 4 below.
CUP 260(E) - PALOMAR TRANSFER STATION
January 21, 2015
Page 5
TABLE 4 - MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN - FINDINGS
FINDING RESPONSE
That the project is consistent with the McClellan-
Palomar Airport Land Use Compatibility Plan
(ALUCP) as amended March 4, 2010.
The adopted project findings for CUP 260(D), which are
contained in Planning Commission Resolution No. 6907,
still apply to this project (CUP 260(E)). Furthermore, the
proposed amendment is to increase hours of operation for
public access. No structures are proposed.
That the proposed land use is compatible with the
airport (General Plan Land Use Element - Special
Planning Considerations - Airport).
The proposed amendment is to increase hours of
operation for public access. No structures or land use
changes are proposed.
E. Growth Management Regulations
The proposed project is located within Local Facilities Management Zone 5 in the southeast quadrant of
the city and will have no impacts on public facilities. The LOS for the morning peak hour at the adjacent
intersections identify which ones were determined to be B. The project's incremental contribution to
morning peak hour trips does not impair the ability to maintain acceptable level of service at these
intersections. Based on the city's growth management policies, a LOS of B is considered acceptable.
IV. ENVIRONMENTAL REVIEW
The project was previously evaluated in the FEIR (04-03), dated September 2004, and adopted by the City
Council at its February 1, 2005 meeting. The FEIR evaluated the potential environmental effects, including
the proposed traffic and circulation impacts on the surrounding circulation system, to allow public access
to the PTS Monday through Friday 7:00 a.m. to 4:00 p.m. and 7:30 a.m. to 4:00 p.m. on Saturday and
Sunday. The proposed project is within the scope of the prior environmental document and no further
environmental documentation is required per California Environmental Quality Act (CEQA) Guideline
Section 15162.
ATTACHMENTS:
1. Planning Commission Resolution No. 7080
2. Location Map
3. Disclosure Form
4. Planning Commission Resolution No. 6907 (CUP 260(D))
N
NOT TO SCALE
SITE MAP
Palomar Transfer Station
CUP 260(E)
^ DISCLOSURE Development Services % r STATEMENT ~~ Planning Division
^ CITYOF P1/A\ 1635 Faraday Avenue
CAR I ^RAD (760)602 4610
v^A>r\L-»^L//^l-«' www.carlsbadca.gov
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 infonnation MUST be disclosed at the time of application submittal. Your prqect
cannot be reviewed until ttiis information is completed. Please print
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organccation, corporation, estate, trust, receiver, syndicate, in tills 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 prc^erty owner
must be provided below.
1 APPLICANT (Not the applicants 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, titles, 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 puMiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Palomar Transfer Station Corp/Part
Title Title
Address 5960 El Camino Real Address ;
Carlsbad. CA 92008
2. OWNER (Not the owner's agent}
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., partnersNp, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, 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 publidy-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 Corp/Part
Title O iKed^£- /h^ffiCbs Title
Address 1960 foe Crosson Drive Address_
El Cajon.CA 92020
P-1 (A) Page 1 of 2 Revised 07/10
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/Tnjst Non Profit/Taist
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
Q Yes JC^ No If yes, please indicate person(s):,
NOTE: Attach additional sheets if necessary
I certjfyihat all'^he^bove informatiorvis true and correct to the best of nw-^tno wledge^ #2
Sign^^eO a^ittieer^at^
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
5
PLANNING COMMISSION RESOLUTION NO. 6907
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT AND A RETROACTIVE TEN YEAR
4 EXTENSION TO ALLOW THE: 1) EXPANSION OF THE
EXISTING TRANSFER STATION TIPPING BAY STRUCTURE;
2) COLLECTION OF UNIVERSAL WASTE; AND 3)
6 COLLECTION OF HOME-GENERATED SHARPS NEEDLES
ON A SITE LOCATED ON THE EAST SIDE OF ORION
7 STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 5.
9 CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: CUP 260(D)
10
WHEREAS, Palomar Transfer Station, Inc., "Developer," has filed a verified
j2 application with the City of Carlsbad regarding property owned by the County of San Diego,
13 Department of Public Works - Airport Division, "Owner," described as
8
14
15
16
17
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed in the Office of the County Recorder of
San Diego County on November 16,1986
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
g Permit Amendment and extension as shown on Exhibits "A" - "G" dated October 3, 2012, on
20 file in the Planning Division PALOMAR TRANSFER STATION - CUP 260(D), as provided
21 by the conditions of approval of CUP 260(C) and Chapter 21.42 and/or 21.50 of the Carlsbad
22
Municipal Code; and
23
WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly
24
2^ noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2^ relating to the CUP amendment; and
' WHEREAS, on October 3, 2012, the Planning Commission recommends
2
approval of CUP 260(D), as described and conditioned in Planning Commission Resolution No.
3
6907.
4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct,
g
B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION -
CUP 260(D) Amendment and extension, effective retroactively from March 4,
10 2012 through March 4, 2022, based on the following findings and subject to the
following condifions:
11 ^
12
15
19
Findings:
13 1 • That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
14 If applicable, the certified local coastal program, specific plan or master plan, in that the
requested uses are necessary and desirable for the community, in that segregating
household vfaste and sharps needles from the main stream of waste is a benefit for
5 the health and safety of the community and environment.
17 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located, in that the project site is
^ surrounded by areas zoned for open space or industrial uses. Much of the
surrounding area is undeveloped. The developed sites contain industrial type uses
(e.g., the CMWD office and equipment storage yard. Safety Center, etc.). Therefore,
20 the facility is not detrimental to any existing uses or permitted uses in the area.
21 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbaclcs, walls, fences, parking, loading facilities, buffer areas,
22 landscaping and other development features prescribed in this code and required by the
22 City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that all proposed structures and uses can be
24 accommodated within the existing site boundaries.
25 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that no additional traffic will be generated with the
2^ proposed project. The street system serving the facility is adequate to properly
2j handle all existing traffic.
28 5. That the project is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) as amended March 4, 2010 in that the adopted project
PC RESO NO. 6907 -2-
findings for CUP 260(C), which are contained in Planning Commission Resolution
2 No. 5800, still apply to this project (CUP 260(D)) including an update to Finding No.
7 to state the project is consistent with the McClellan-Palomar Airport Land Use
3 Compatibility Plan (ALUCP) as amended March 4, 2010.
5
4 6. That the proposed land use is compatible with the airport (General Plan Land Use
Element - Special Planning Considerations - Airport) in that the project is also
consistent with the Federal Aviation Regulations (FAR) Part 77 Guidelines, which
6 determines if structures located within the Airport Influence Area will affect
navigable airspace. A Part 77 form was completed for the project. The FAA made a
7 Determination of "No Hazard to Air Navigation" (Aeronautical Study No. 2012-
AWP-2456-OE dated 6/6/12).
12
Conditions:
10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building or grading permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
13 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
14 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
lg conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit
17 Amendment.
8 2. The adopted project conditions for CUP 260(C), which are contained in Planning
Commission Resolution No. 5800, still apply to this project (CUP 260(D)) with the
exception of Condition No. 14, which is not applicable. Condition No. 18, which is
20 replaced by Condition No. 4 of this Resolution, Condition No. 25, which is replaced
by Condition No. 3, of this Resolution, Condition No. 27, which is no longer
21 applicable given the requirements of the current ALUCP, is replaced with
Condition No. 5 of this Resolution, and Condition Nos. 38, 40, 42, 46, 49 and 53,
22 which are no longer applicable as they have been satisfied.
23
3. Developer shall submit to the City a Notice of Restriction executed by the owner of the
24 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
25 and successors in interest that the City of Carlsbad has issued a Conditional Use Permit
2g Amendment by Resolution No. 6907 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
27 all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The City Planner has the authority to execute and record an
28 amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
PC RESO NO. 6907 -3-
4
4. This Conditional Use Permit is granted for a period of ten (10) years retroactively from
2 March 4, 2012 through March 4, 2022. This permit may be revoked at any time after a
public hearing, if it is found that the use has a substantial detrimental effect on
3 surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed ten (10) years upon written application of the permittee made no less than
^ 90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
6 uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
7
9 5. The project shall comply with the provisions in the ALUCP as amended March 4,
2010.
10
6. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
12 the City's Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
13 healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
14 growth without causing soil erosion and runoff.
7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
16 landscape plancheck process on file in the Planning Division and accompanied by the
project's building, improvement, and grading plans.
17
8. This approval shall become null and void if building permits are not issued for this
' ^ project within 24 months from the date of project approval.
Fire:
20
The developer shall design the relocation of the existing private fire hydrant, located in
21 front of the building expansion, subject to the approval of the Fire Code Official.
22
23
24
25
Engineering:
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
26 for the proposed haul route.
27 II. This project is approved upon the express condifion that building permits will not be
issued for the development of the subject property, unless the district engineer has
28 determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
PC RESO NO. 6907 -4-
12. Developer shall install sight distance corridors at all street intersections and driveways in
2 accordance with City Engineering Standards. The property owner shall maintain this
condition.
3
4
8
15
Fees/Agreements
^ 13. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation, the city's standard form Geologic Failure Hold Harmless
6 Agreement.
7 14. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation the city's standard form Drainage Hold Harmless Agreement.
9 Grading
10 15. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
plans via the building permit process. Technical studies/reports may be required subject
12 to the city engineer's review. Developer shall pay all applicable grading plan check and
permit fees per the city's latest fee schedule.
13
16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
14 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
16 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
17 stormwater conveyance system to the maximum extent practicable. Developer shall notify
^ ^ prospective owners and tenants of the above requirements.
j9 17. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
20 developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
21 the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
22 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
23 18. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
24 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
2^ discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
26 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
27
28
PC RESO NO. 6907
^ NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
^ reservations, or other exactions hereafter collectively referred to for convenience as
4 "fees/exactions."
5 You have 90 days firom date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
6 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
g annul their imposition.
7
10
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
JI project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14
Commission of the City of Carlsbad, California, held on October 3,2012 by the following vote,
to wit:
AYES: Chauperson Schumacher, Commissioners Arnold, L'Heureux,
Nygaard, Scully and Siekmann
NOES:
ABSENT: Commissioner Black
ABSTAIN-.
15
16
17
18
19
20
21
22
23 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
24
25
26
27 DON NEU
2g City Planner
PC RESO NO. 6907 -6-