HomeMy WebLinkAbout1994-11-02; Planning Commission; Resolution 3713e e
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
PLANNING COMMISSION RESOLUTION NO. 3713
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A FIVE YEAR EXTENSION OF CONDITIONAL USE
PERMIT NO. 260 TO ALLOW CONTINUED OPERATION
OF A TRASH TRANSFER STATION AND RECYCLING
FACILITY ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF EL CAMINO REAL
APPROXIMATELY 1500 FEET NORTH OF PALOMAR
AIRPORT ROAD.
CASE NAME COAST WASTE MANAGEMENT
CASE NO: CUP 260x2
WHEREAS, a verified application has been filed with the City of Carlsbac
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for extension o
CUP 260 as provided by that CUP and by Chapter 21.50 of the Carlsbad Municipal Code
and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin;
Commission did, on the 21st day of September, 1994, and on the 2nd day of Novembel
1994 hold a duly noticed public hearing to consider said application on property describec
as:
A portion of lots "A" and "B" of Rancho Aqua Hedionda
according to map 823 filed November 16, 1896.
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol
considered all factors relating to the extension of CUP 260.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
....
0 e
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 I
B) That based on the evidence presented at the public hearing, the Commissio
APPROVES the extension of CUP 260 (CUP 26Ox2), based on the followin
findings and subject to the following conditions:
Findinprs:
1. The requested use is still necessary or desirable for the development of th
community, is still essentially in harmony with the various elements and objectivc
of the general plan, and is still not detrimental to existing uses or to ust
specifically permitted in the zone in which the use is located because the us
provides a needed service for the community and is located in an area designate
for industrial uses. Periodic reviews of the operation have shown that the use i
still operating in compliance with all conditions of approval placed on the use.
2. The site for the use is still adequate in size and shape to accommodate the UI
because there is still adequate area to provide adequate operating space as well 2
parking for all employees and customers.
3. All of the yards, setbacks, walls, fences, landscaping, and other features necessa~
to adjust the use to existing or permitted future uses in the neighborhood have bee
provided and will continue to be maintained because the required fencing an
landscaping are being maintained in a good condition.
4. The street system serving the use is still adequate to properly handle all traff
generated by the use because the circulation on and adjacent to the site sti
functions adequately.
5. The environmental impacts of this use have already been considered with the initi;
approval of CUP 260, and, therefore, the continued use of the facility is exeml
from further environmental review under Section 15301(b) of the Californi
Environmental Quality Act.
Conditions:
Planning:
1. Approval of CUP 260x2, Planning Commission Resolution No. 3713, supersedc
CUP 260x1, Planning Commission Resolution No. 2927, dated October 4,1989, ax
on file in the Planning Department. The approved continued use is subject to a
of the following conditions.
2. This conditional use permit is granted for a period of five years, from October
1994 until October 4,1999. This conditional use permit will remain in effect on tl
condition that the City of Carlsbad or the North County Solid Waste Managemel
Agency is a primary user of the facility. This conditional use permit shall 1
reviewed by the Planning Director on a yearly basis to determine if all conditio:
of this pennit have been met and that the use does not have a significa
I
PC RES0 NO. 3713 -2-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
3.
I-3 4.
14
15
16
5.
I" 6.
18
19
2o 7.
21
22
23
25
24
8.
26
9.
10. 27 I 28
detrimental impact on surrounding properties or the public health and welfare. :
the Planning Director determines that the use has such significant adverse impact
the Planning Director shall recommend that the Planning Commission, aftc
providing the permittee the opportunity to be heard, add additional conditions 1
mitigate the significant adverse impacts. This permit may be revoked at any tin:
after a public hearing, if it is found that the use has a significant detrimental affei
on surrounding land uses and the public's health and welfare, or the conditio]
imposed herein have not been met, or if for any reason the City of Carlsba
chooses not to use this facility, or is not allowed to have full use of this facility i
a reasonable cost, as determined by the City of Carlsbad. This permit may 1
extended for a reasonable period of time not to exceed five years upon writte
application of the permittee made no less than 90 days prior to the expiration datl
In granting such extension, the Planning Commission shall find that no substanti
adverse affect on surrounding land uses or the public's health and welfare will resu
because of the continuation of the permitted use. If a substantial adverse affect c
surrounding land uses or the public's health and welfare is found, the extensic
shall be considered as an original application for a conditional use permit. The]
is no limit to the number of extensions the Planning Commission may grant.
The allowed hours of operation of the transfer station are from 530 a.m. until 8:C
p.m., Monday through Saturday.
The allowed hours of operation of the recycling facility are from 800 a.m. until 42
p.m., Monday through Saturday.
The maximum allowed capacity of the transfer station facility is 400 tons of tras
per day. Any increase to the amount of waste processed shall require a
amendment to this Conditional Use Permit.
This project shall comply with all conditions and mitigation required by the Zor
5 Local Facilities Management Plan approved by the City Council on August '
1989, incorporated herein and on file in the Planning Department and any futu~
amendments to the Plan made prior to the issuance of building permits.
Approval is granted for CUP 260x2, as shown on Exhibit "A", dated November
1994, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in the!
conditions.
Approval of this request shall not excuse compliance with all sections of the ZoniI
Ordinance and all other applicable City ordinances in effect at time of buildiI
permit issuance.
Water shall be provided by the Carlsbad Municipal Water District.
All landscaped areas shall be maintained in a healthy and thriving condition, frr
from weeds, trash, and debris.
PC RES0 NO. 3713 -3-
a 0
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
I
11. Any signs proposed for this development shall be designed in conformance with thl
City's Sign Ordinance and shall require review and approval of the Plannin
Director prior to installation of such signs.
12. Odor emitting from the operation shall not be detectable outside the boundarie
of the site.
13. The applicant will be responsible for making sure that no trash or other material
resulting horn the operation of this facility spread beyond the confines of th
facility. If this type of problem does occur the Planning Director may direct th
operator of this facility to perform appropriate clean-up procedures.
14. Storage of petroleum products shall conform to the requirements of the Uniforr
Fire Code.
15. Storage of newspapers, both loose and in bales, shall conform to the requirement
of the Uniform Fire Code.
16. The operator shall maintain the landscaping in a healthy and thriving condition i~
accordance with the detailed landscape plan previously approved.
Engineering:
17. Plans, specifications and supporting documents for required improvements shal
be prepared to the satisfaction of the City Engineer. Plan check and inspectiol
fees shall be paid to the City for the processing of those improvements. Th,
applicant shall install the following improvements to City Standards to ths
satisfaction of the City Engineer:
A) Repair or replace the existing roadway serving the site, from El Caminc
Real to Faraday Avenue. This roadway shall have 28 feet of pavement wit1
10 feet aggregate shoulders per the original permit approval. The cente
line of the roadway shall be striped with a solid double yellow line.
B) The portion of the existing chain link fence which encroaches onto thc
roadway pavement surface shall be removed.
C) The applicant shall comply with the City's requirements of the Nationa
Pollutant Discharge Elimination System (NPDES) permit. The applican
shall provide best management practices to reduce surface pollutants to a]
acceptable level prior to discharge to sensitive areas.
18. The developer shall comply with all the rules, regulations and design requirement
of the respective sewer and water agencies regarding services to the project.
19. The design of all private streets and drainage systems shall be approved by the Cit
Engineer prior to issuance of any grading or building permit for this project. Thc
structural section of all private streets shall conform to City of Carlsbad Standard
PC RES0 NO. 3713 -4-
I
0 a
1
2
based on R-value tests. All private streets and drainage systems shall be inspectc
by the city, and the standard improvement plan check and inspection fees shall 1
paid prior to issuance of any building or grading permit for this project.
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of tl
4
5
Planning Commission of the City of Carlsbad, California, held on the 2nd day
/I November, 1994, by the following vote, to wit:
6
7 I1 AYES: Chairperson Savary, Commissioners Welshons, Noble, Erwj
Compas, Nielsen, and Monroy.
8
9
10
11
NOES: None.
ABSENT: None.
ABSTAIN: None.
I 12
13
14
15
16
17
18
ATTEST
/ ,u r7w- .-A? /&$!usuk-
PEW ARY, Chairperso
CARLSBAD PLANNING COMMISSION
t
19
v 20 MICHAEL J. HOLZ~~ILLER
PLANNING DIRECTOR 21
22
23
24
25
26
27 I1
28
PC RES0 NO. 3713 -5-