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HomeMy WebLinkAbout1977-11-01; City Council; Resolution 52421 2 3 4 5 6 7 e 9 1c 11 12 D k 0 1€ 1: 2( 21 2: 2: 24 2f 2( 2: 2t RESOLUTION NO. 5242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN APPEAL OF THE PLANNING COJYMISSION’S DECISION AND APPROVING A CONDITIONAL USE PERMIT (CUP-140) FOR CONSTRUCTION OF A SOLID WASTE SHliEDDER AND TRANSFER STATION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL NORTH OF PALOMAR AIRPORT ROAD. APPLICANT: COUNTY OF SAN DIEGO. WHEREAS, the Planning Commission of the City of Carlsbad did on September 28, 1977 hold a duly noticed public hearing to consider the application of the County of San Diego for a Conditional Use Permit (CUP-140) to allow construction of a Solid Waste Shredder and Transfer Station on property generally located on the east side of El Camino Real north of Palomar Airport Road, more particularly described as: Those portions of Lots A and B of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California according to Map thereof No, 823, filed in the office of the County of San Diego County, November 16, 1896; and WHEREAS, the County. of San Diego, as the lead agency, has prepared and certified an EIR, which the City Council has considered and found the project to be in compliance wlth the City of Carlsbad Environmental Protection Ordinance of 1972; and WHEREAS, at the conclusion of said hearings, the Planning Commission, after making certain findings recommended denial of the permit; and WHEREAS, a duly noticed public hearing was held by the City Council on October 18, 1977 to consider the matter at which time all persons interested in or opposed to the proposed CUP 1 2 3 4 5 6 7 F! 9 1C 11 15 2c 21 2: 2: 21 2: 2t 2'; 2E were heard and the decision of the Planning Commission considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct. B, That the findings of the City Council are the findings recommended in the Planning Department Staff report to the Planning Commission dated September 28, 1977, on file in the Planning Department and incorporated by reference herein. C. That the appeal by the County of San Diego of the Planning Commission's decision to deny the Conditional Use Permit is hereby granted. D, That the City Council hereby approves the Conditional Use Permit (CUP-140) for the construction by the County of San Diego of a Solid Waste Shredder and Transfer Station on the above-described property subject to the satisfaction by the County of San Diego of the following conditions of approval: 1, This Conditional Use Permit will become effective only upon approval of GPA-49, which designates the property as "GI' (Governmental Facility) and the effective date of the Ordinance approving ZC-197 to rezone the property from OS to M. 2. Approval is granted for the land described in the application and attachments thereto, and on the site plan, Exhibit A, dated 9/1/77, on file in the Planning Department and incorporated by reference herein. buildings and other facilities shall be located substan- tially as shown on the site plan except as indicated otherwise herein. All 3. Construction of the shredder building shall utilizc materials and design which will insure that noise level5 produced by the project and related activities do not exceed 60 dB(A) at the boundary of the 21 acre site. 4. Prior to the start of construction, the City Council shall review and approve final site plan, land- scape and irrigation plans and building elevations for the 21 acre site to insure that the buildings will be compatible with the natural terrain, vegetation 2. 21 22 23 24 25 26 27 28 and the surrounding area. shall be used on the site and screen type landscaping will be placed along the side of the buildings. The boundary of the site with the Beckman property shall be landscaped. Erosion control landscaping 5. All electric lines shall be undergrounded as per City Ordinance to prevent above ground level electrical arcing (common to above ground level transmission lines) in the vicinity of the solar wind antenna system such that electrical interference is minimized. 6. In consideration of the need of the University of California for a radio-quiet environment in the vicinity of the project, the applicant shall consult with the University during project design, and shall work with the University to mitigate any radio interference resulting from the project. 7. Improvement of the access roads on the site shall be accomplished and maintained in specific conformance with those specifications represented on the submitted grading plan (page 5) on file with the City Engineer. 8. surrounded with a chain link fence a minimum of six feet in height to stop trash from being wind blown off site. The perimeter of the operating area shall be 9. Pedestrian/equestrian trails as deemed necessary by the Parks and Recreation Director shall be provided by easement or other form and improved to his satis- faction prior to final occupancy. Trails are subject to approval by the Federal Aviation Administration. 10. basis of 126 foot right-of-way, and applicant shall enter into an improvement agreement guaranteeing that applicant will construct full one-half improvements along El Camino Real and Palomar Airport Road frontage when the City Council determines it to be required. Additional right-of-way shall be dedicated on the 11, The applicant shall enter into an agreement obligating applicant to provide one-fourth of the cost of a traffic signal at the intersection of Palomar Airport Road and El Camino Real. 12, durfng the construction period, the applicant shall maintain passable vehicular access to all buildings and adequate fire hydrants,with required fire flows, shall be installed as recommended by the Fire Departmen In order to provide for reasonable fire protection 13, All land and/or easements required by this conditional use pemit shall be granted to the City of Carlsbad without cost to the City and free of all liens wlth encumbrances, 3. 19 20 21 22 23 24 25 1 27 28 14. Applicant shall be responsible for the relocation of the compressor station for the Encina sewer outfall which shall be mad-e a part of applicant's obligations under the improvement agreement. 15. The applicant shall agree to dedicate an easement for a future sewer improvement as shown on the City of Carlsbad's Master Sewer Plan. 16. The applicant shall dedicate the necessary easement for the fire hydrant as approved by the Fire Chief. 17. The proposed paving of the center median area on El Camino Real shall include temporary left turn pockets and is subject to the City Engineer's approval. 18, This permit is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. 19, The required ornamental street light at the intersection of El Camlno Real and the proposed access road shall be Tlission Bell type (20,000 lumen). It shall be located to meet the ultimate design of El Camino Real. 20. All constructed slopes shall be a maximum of 2:l unless approved by the City Engineer. 21. The applicant shall agree to dedicate an easement for a future road as shown on the General Plan. 22, Odor emitting from the operation shall not be detectable outside the boundaries of the 21 acre site. Methods to prevent this odor shall be submitted to the Planning Director prior to issuance of building permits 23. posed use will cause vermin, insect and pest problems and, if so, what methods will be instituted to eliminate the problems, This report shall be reviewed by the County Department of Health and Federal Drug Administra- t?on and methods proposed by this report shall be i'nstalled in the operation prior to occupancy. A report shall be prepared determining if the pro- 24. Dust emitting from the shredding shall not be 4, 1 2 3 4 5 6 7 8 9 ZC 11 12 0 1< 2c 21 2; 2; 24 2: 24 2; 2E permitted outside the shredding structure. Proper dust collecting equipment shall be installed and kept functioning to ensure this requirement is met. 25. Measures shall be taken to reduce the visibility of the shredder building and operation area from the residential areas to the east. The operational site shall either be lowered a minimum of six feet or a berm of at least six feet high along the easterly side shall be constructed. A wall or screen landscaping or a combination of both shall be required to further screen the view of the operation from the east. 26. years thereafter the applicant shall submit a report to the Planning Commission determining the performance of their operation regarding dust, odor, litter, vermin, insects, pests and noise. The report shall include a report from an accoustical engineer determining noise levels on site and surrounding property. If the performance is not satisfactory to the Planning Commission, the applicant shall submit methods to correct the problem, determine the future review periods at the end of this review period. 27. modification to the buildings, operations, or operating grounds is desired, such modifications shall be submitted to the Planning Commission for review e At the end of one year and every year for five The Planning Commission will If after completion of initial construction, 28. All mitigating measures listed under archaeology in the EIR shall be met, 29, Applicant will be responsible for policing all trash in the area once weekly in the area of one mile either direction on Palomar Airport and one nile either direction on El Camino Real. 30. Operation shall be limited to the hours between 7~00 A.M, and 9:00 P.M., seven days a week, Emergency or temporary changes may be approved by the Planning Director. PASSED, APPROVED AND ADOPTED at a regular meeting of the :ityCouncil of the City of Carlsbad on the 1st day of November 1977, by the following vote, to wit.: /// /// 5. AYES : Councilmen Frazee, Lewis, Skotnicki and NOES: Councilman Packard Councilwoman Casler ABSENT: None ATTEST: (SEAL) J ROBERT C. FRAlEE, dayor