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HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2388*;, *' 0 e I. I1 PLANNING COMMISSION RESOLUTION NO. 2388 2 3 4 5 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 6 City of Carlsbad and referred to the Planning Commission; and 7 WHEREAS, a verified application has been filed with €3 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 l1 13 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 15 16 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. 20 21 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: 26 27 2% 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. .! v '. (I 0 0 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 5 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 13 conditions. 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 23 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. PC RES0 NO. 2388 -2- 1-1 I . /I e 0 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. x" 18 9) Odor emitting from the operation shall not be detectabl outside the boundaries of the site. Methods to prevent 19 odor shall be submitted to the Land Use Planning Managt to issuance of building permits. 20 21 22 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. ~ 23 24 11) Storage of petroleum products shall conform to the reg of the Uniform Fire Code. 25 26 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 27 11 //// 28ii $<'<ESO NO. 2388 -3- I .. 9 ,- - 0 0 1 2 13) 4 3 5 6 7 14) 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: 8 9 10 I1 12 13 14 15 16 17 18 19 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 ~ I Carlsbad Municipal Code. 20 21 18) 22 23 24 II 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. PC RES0 NO. 2388 -4- if located within the city limits. 28 I .I I, * 'I 1 e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 2388 -5- I/ .. 'L? .. e 0 1 2 3 4 5 6 7 8 9 10 11 12 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. 13 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 15 16 28) 18 17 19 20 21 22 23 29) 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. 24 25 26 27 28 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. PC RES0 NO. 2388 -6- I .. -. tz I- - 0 0 1 2 3 4 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. 5 32) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 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 : 21 R.C.E. NO. # 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. 28 //// PC RES0 NO. 2388 -7- )I .* , , .X,* (1 e e 1 2 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 4 5 6 AYES : Chairman Rombotis, Commissioners Farrow, Schlehuber, L' Heureux, Marcus, McFadden a] Smith. NOES : None. 7 ABSTAIN : None. 8 ABSENT : None. 9 10 11 12 ATTEST : 9 13 14 15 ji LAND USE PLANNING MANAGER 16 17 I.8 I! 19 /I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2388 I -8-