HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2388*;, *' 0 e
I. I1 PLANNING COMMISSION RESOLUTION NO. 2388
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PE TO ALLOW A SOLID WASTE OPERATION TO LOCATE ON PROPER
GENERALLY LOCATED APPROXIMATELY 1500 FEET NORTH OF 'I
INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO E
APPLICANT: COAST WASTE MANAGEMENT
CASE NO.: CUP-260
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City of Carlsbad and referred to the Planning Commission; and 7
WHEREAS, a verified application has been filed with
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WHEREAS, pursuant to the provisions of the Municipal 10
WHEREAS, said verified application constitutes a rec
9 as provided by Title 21 of the Carlsbad Municipal Code; and
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hold a duly noticed public hearing to consider said applicati 12
the Planning Commission did, on the 12th day of December, 19E
property described as:
14 A portion of Lots "A" and "B" of Rancho Agua Hediond
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according to Map No. 823 filed November 16, 1896.
WHEREAS, at said public hearing, upon hearing and
onsidering all testimony and arguments, if any, of all persc 17 c
desiring to be heard, said Commission considered all factors 18
19 relating to CUP-260.
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22 .A) That the above recitations are true and correct.
23 3) That based on the evidence presented at the public hearj the Commission APPROVES CUP-260, based on the following
24 findings and subject to the following conditions:
25 Findings:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission of the City of Carlsbad as follows:
1) That the proposed use is necessary and desirable for thc
development of the community, is essentially in harmony the various elements and objectives of the General Plan
not detrimental to existing uses specifically permitted
this zone, since the proposed development will provide i needed service to the City of Carlsbad.
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1 2) The subject property is adequate in size and shape to
accommodate the proposed use for the reasons stated in 1 2
existing and permitted future uses in the neighborhood l 4
staff report.
3 3) All of the yards, setbacks, walls, fences, landscaping i
provided and maintained.
other features necessary to adjust the requested use to
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6 4) The street system serving the subject property is adequ
properly handle all traffic generated by the proposed u
7 5) This project will not cause any significant environment
8 impacts and a Negative Declaration has been issued by t
Use Planning Manager on November 19, 1984 and approved
9 Planning Commission on December 12, 1984.
10 Conditions:
11 1 ) Approval is granted for CUP-260, as shown on Exhibits "
'ID", dated September 20, 1984, incorporated by referenc
12 file in the Land Use Planning Office. Development shal substantially as shown unless otherwise noted in these
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14 2) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required
15 Council Policy No. 17, dated April 2, 1982, on file wit
City Clerk and incorporated herein by reference, and ac
16 to the agreement executed by the applicant for payment
fee, a copy of that agreement, dated November 27, 1984,
17 file with the City Clerk and incorporated herein by ref
If said fee is not paid as promised, this application
18 be consistent with the General Plan and approval for th
project shall be void.
I' Land Use Planning Conditions:
2o 3) Approval of this request shall not excuse compliance wi
21 sections of the Zoning Ordinance and all other applicak
ordinances in effect at time of building permit issuanc
22 4) Water shall be provided to this project pursuant to the
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24 5) The applicant shall prepare a reproducible mylar of the
25 site plan incorporating the conditions contained hereir site plan shall be submitted to and approved by the Lar
26 Planning Manager prior to the issuance of building pern
27 6) All landscaped areas shall be maintained in a healthy 2 thriving condition, free from weeds, trash, and debris,
Service Agreement between the City of Carlsbad and the
Real Water District, dated May 25, 1983.
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1 7) Any signs proposed for this development shall be design'
conformance with the City's Sign Ordinance and shall re'
installation of such signs.
2 review and approval of the Land Use Planning Manager pr
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8) This conditional use permit is granted €or a period of
years. This conditional use permit shall be reviewed b
Land Use Planning Manager on a yearly basis to determin
conditions of this permit have been met and that the us
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If th Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommen
the Planning Commission, after providing the permittee
opportunity to be heard, add additional conditions to IT
the significant adverse impacts. This permit may be re
any time after a public hearing, if it is found that tk
has a significant detrimental affect on surrounding lar and the public's health and welfare, or the conditions
herein have not been met. This permit may be extended reasonable period of time not to exceed five years upor application of the permittee made not less than 90 dayE to the expiration date. In granting such extension, tk
Planning Commission shall find that no substantial advc affect on surrounding land uses or the public's health welfare will result because of the continuation of the permitted use. If a substantial adverse affect on sun
land uses or the public's health and welfare is found,
extension shall be considered as an oriainal applicatic conditional use permit. There is no limit to the numb€ extensions the Planning Commission may grant.
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9) Odor emitting from the operation shall not be detectabl outside the boundaries of the site. Methods to prevent
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odor shall be submitted to the Land Use Planning Managt to issuance of building permits.
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10) The applicant will be responsible for making sure that
trash or other materials resulting from the operation
facility spread beyond the confines of the facility. type of problem does occur the Land Use Planning Manag direct the operator of this facility to perform approp
clean-up procedures.
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11) Storage of petroleum products shall conform to the reg
of the Uniform Fire Code.
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12) Storage of newspapers, both loose and in bales, shall to the requirements of the Uniform Fire Code. A permi be received prior to the opening of the recycling cent
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Prior to the opening of the recycling center, the underg
storage tanks shall be inspected by the Building and Fir
Departments for compliance with all applicable City and Fire and Building Codes. Opening of the recycling cent€
shall not be permitted prior to compliance with applicak
section of the Fire and Building Codes.
The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approvec
the Land Use Planning Manager. This landscaping shall 1 installed to the satisfaction of the Land Use Planning E prior to occupancy of this facility.
I/ Engineering Conditions:
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15) Pretreatment of the sanitary sewer discharge from this 1 is required. In addition to the requirements for a sew< connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal
The developer shall apply for an industrial waste dischi
permit concurrently with the building permmit for this
project. No Certificates of Occupancy for the project 1 issued before the industrial waste discharge permit application requirements have been met, all applicable : paid and the permit issued.
16) The developer shall obtain a grading permit prior to thc
commencement of any clearing or grading of the site.
17) The grading for this project is defined as "controlled I by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate
inspection and testing to insure compliance of the work
the approved grading plan, submit required reports to tl Engineer and verify compliance with Chapter 11-06 of thl
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I Carlsbad Municipal Code.
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Upon completion of grading, the developer shall insure
"as-graded" geologic plan shall be submitted to the Cit: Engineer. The plan shall clearly show all the geology
exposed by the grading operation, all geologic correcti, measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r
25 19) No grading shall occur outside the limits of the projec
26 a letter of permission is obtained from the owners of t
separate grading permit issued for the borrow or dispos
20) A separate grading plan shall be submitted and approved 27
affected properties.
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21) All slopes within this project shall be no steeper than
22) Prior to hauling dirt or construction materials to any
proposed construction site within this project the deve: shall submit to and receive approval from the City Engil for the proposed haul route. The developer shall compl; all conditions and requirements the City Engineer may il
with regards to the hauling operation.
23) The developer shall exercise special care during the
construction phase of this project to prevent any off-s:
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/dete~
basins of type, size and location as approved by the Ci' Engineer. The basins and erosion control measures shal:
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer pr.
the start of any other grading operations. Prior to thc
removal of any basins or facilities so constructed the '/
served shall be protected by additional drainage facili.
slope erosion control measures and other methods requirc
approved by the City Engineer. The developer shall mail the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall gual
their maintenance and satisfactory performance through 1 deposit and bonding in amounts and types suitable to thc Engineer.
24) Additional drainage easements and drainage structures SI
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
neer.
25) The owner of the subject property shall execute a hold
agreement regarding drainage across the adjacent proper to occupancy of any buildings.
26) Improvements listed in this section shall be installed I
agreed to be installed by secured agreement by the deve before the issuance of any building permit. The develo:
shall obtain approval of the plans from the City Enginel pay all associated fees and performance guarantees prio
issuance of any building permit. The developer shall i
said improvements to the satisfaction of the City Engin
prior to issuance of a Certificate of Occupancy or occu,
of any portion of the project for any purpose . The improvements are:
a) Storm drainage facilities
b) 28 foot wide site access road, as shown on the site from Faraday Avenue to the project facilities. Thi item shall be constructed when Faraday Avenue is constructed adjacent to the project site
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c) Closure of the existing site access road from the p
facilities to El Camino Real. This sub-item shall '
completed when the City Engineer so directs
d) One fourth of the traffic signal system and associa
improvements for the intersection of Faraday Avenue
new site access road. The traffic signal system sh constructed at such time that traffic warrants are
at such time as required by the City Engineer. If
traffic signal system is not constructed prior to c
of the use permitted by CUP-260 all bonds or other security required by this sub-item shall be release
favor of the applicant. e) Sediment and grease trap(s) to intercept all surfac
drainage waters that originate from or pass through
used for vehicle or trash transporter/container rep
maintenance, washdown or storage. Water velocity t.
the stilling chambers of the trap(s) shall not excel
half feet per second. The trap(s) shall be constru, with integral means of pumping trapped greases, oil
putrescent materials into the sanitary sewer. A me'
comminuting such separated materials prior to enter public sewer shall be provided.
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project plan or tentative map. 14
27) Unless a standard variance has been issued, no variance City Standards are authorized by virtue of approval of
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The developer shall construct private street accesses tl streets in such a way as to clearly designate that the
streets are not a portion of the public street system.
developer shall place a plaque-type sign with the legens
"PRIVATE STREET BEYOND THIS POINT, right to pass revoca'
non-tenants at anytime" at the access point to private
from public streets. The script on the sign shown abov
be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of feet. The provisions of this condition shall be met to
satisfaction of the City Engineer prior to issuance of i
Certificate of Occupancy for any portion of this projec'
The developer shall comply with all the rules, regulatic
design requirements of the respective sewer and water a! regarding services to the project.
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30) The design of all private streets and drainage systems
approved by the City Engineer prior to issuance of any t
or building permit for this project. The structural sec
all private streets shall conform to City of Carlsbad S.
based on R-value tests. All private streets and drainac
systems shall be inspected by the city, and the standarc
improvement plan check and inspection fees shall be pail
to issuance of any building or grading permit for this
project.
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31) Prior to issuance of a Certificate of Occupancy for thi,
project the developer shall sign an agreement with the
indicating that he will not object to the city obtainin1
foot wide access easement located over the existing accl
El Camino Real and continuing to Faraday Avenue which w granted by the property owner.
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All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed
Engineer in responsible charge of the work. Each sheet
be signed and sealed, except that bound documents may bc
and sealed on their first page. Additionally the first
of each set of plans shall have the following certificai
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thir
project, that I have exercised responsible charge over '
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of m:
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St. :
Telephone:
2o ll BY (Name of Engineer) Date :
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22 33) The developer shall provide the City with a reproducible
City. The plan copy shall be submitted to the City Engj
The site plan shall reflect the conditions of approval 1 23 copy of the site plan as approved by the Planning Commis
24 prior to improvement plan submittal.
25 34) Prior to recordation of approval of any grading or build
permits for this project, the owner shall give written c
26 to the annexation of the area shown within the boundarie
the site plan into the existing City of Carlsbad Street
27 Lighting and Landscaping District No. 1.
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PASSED, APPROVED AND ADOPTED at a regular meeting 0:
Planning Commission of the City of Carlsbad, California, helc
the 12th day of December, 1984, by the following vote, to wi- 3
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AYES : Chairman Rombotis, Commissioners Farrow,
Schlehuber, L' Heureux, Marcus, McFadden a]
Smith.
NOES : None.
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ABSTAIN : None. 8
ABSENT : None.
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12 ATTEST :
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15 ji LAND USE PLANNING MANAGER
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PC RES0 NO. 2388
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