HomeMy WebLinkAbout1977-11-01; City Council; Resolution 52421
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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
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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
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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,
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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
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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.:
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5.
AYES : Councilmen Frazee, Lewis, Skotnicki and
NOES: Councilman Packard Councilwoman Casler
ABSENT: None
ATTEST:
(SEAL)
J ROBERT C. FRAlEE, dayor