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HomeMy WebLinkAbout2005-02-01; City Council; Resolution 2005-0291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING ENVIRONMENTAL FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PALOMAR TRANSFER STATION EIR, AND APPROVING CUP 260(C) TO ALLOW THE EXPANSION OF THE PALOMAR TRANSFER STATION LOCATED ON THE EAST SIDE OF ORION STREET BETWEEN FARADAY AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR TRANSFER STATION IMPACT REPORT EIR 03-04 AND ADOPTING THE CANDIDATE CASE NO.: EIR 03-O4/CUP 260(C) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on December 1, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 03-04) and to consider a proposed Conditional Use Permit Amendment (CUP 260(C)) and adopted Planning Commission Resolution No. 5799 recommending to the City Council certification of EIR 03-04 and adoption of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, and adopted Planning Commission Resolution No. 5800 recommending approval of CUP 260(C) subject to the City Council certification of EIR 03-04, adoption of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council of the City of Carlsbad, did on the Ist, day of February, 2005, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 03-04 and CUP 260(C); and WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and submitted to the State Clearinghouse and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period; and WHEREAS, all comments received during the review periods are contained in the Final EIR. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the Environmental Impact Report (EIR 03-04) for the above referenced project is certified and that the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5799, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That Conditional Use Permit Amendment (CUP 260(C)) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5800, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except: a. The maximum allowed capacity of the Palomar Transfer Station shall be determined as follows: i. II. iii. Effective with the approval of this CUP, the capacity of the Palomar Transfer Station shall be a maximum of 10,500 tons of waste per week, averaging a maximum of 1,500 tons per day not to exceed 1,800 tons in any one day. Effective January 1, 2009, the maximum allowed capacity of the Palomar Transfer Station shall be increased to 12,250 tons of waste per week, averaging a maximum of 1,750 tons per day, not to exceed 2,100 tons of trash in any one day, unless the City Council determines, after a report and recommendation by the City Engineer and giving notice and an opportunity to be heard to applicant, that the increased tonnage would not be necessary or desirable for the development of the community or that the street system serving the Palomar Transfer Station is not adequate to properly handle all of the traffic generated by the proposed use. Effective January 1, 2011, the maximum allowed capacity of the Palomar Transfer Station shall be increased to 14,000 tons of waste per week, averaging a maximum of 2,000 tons per day, not to exceed 2,250 tons in any one day unless, the City Council finds, after a report and recommendation by the City Engineer and giving notice and an opportunity to be heard to applicant, that the increased tonnage would not be necessary or desirable for the development of the community or that the street system serving the Palomar Transfer Station is not adequate to properly handle all of the traffic generated by the proposed use. b. Effective with the approval of this Conditional Use Permit, the maximum allowed days and hours of operation of the Palomar Transfer Station shall be as follows: i. Commercial operations (collection trucks): 300 a.m. to 8:OO p.m. seven days per week; ii. Transport trucks (external traffic to and from station) and loading of transport trucks (internal activities) operations: 4:OO a.m. - 12:OO a.m. (midnight) seven days per week; iii. Public access: up to 9:00 a.m. - 4:OO p.m. Monday - Friday and 7:30 a.m. - 4:OO p.m. Saturday and Sunday; and iv. Fleet Maintenance activities: 500 a.m. - 1:00 a.m. seven days per week. The applicant may request an amendment to expand hours of operation up to the limits specified in the Project EIR 03-04. -2- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. This CUP serves as a permit for oversize or load permit under Carlsbad Municipal Code Chapter 10.33 and a truck route determination under Carlsbad Municipal Code Chapter 13.34. The Council reserves the right to change the terms and conditions of these permits following a report and recommendation of the City Engineer and notice and opportunity to be heard by the applicant at a public hearing. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15t day of FEBRUARY , 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: Council Member Lewis ABSENT: None -3- MATT HALL, Mayor Pro Tem ATTEST: n - LORRAINE M. WOm, City Clert I t (SEAL)