HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 4068*
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PLANNING COMMISSION RESOLUTION NO. 4068
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT AND
EXTENSION TO MODIFY THE FLOOR AREA OF THE
TRASH TRANSFER FACILITY, RELOCATE SOME
PARKING, AND REVISE THE OPERATING
CHARACTERISTICS OF THE FACILITY ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EL
CAMINO REAL APPROXIMATELY 1500 FEET NORTH OF
PALOMAR AIRPORT ROAD WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO. : CUP 260(B)
WHEREAS, Coast Waste Management, Inc., “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by County of San I
“Owner”, described as
A portion of lot A and B of Rancho Agua Hedionda according
to Map 823 filed on November 16,1986
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condition2
Permit Amendment and Extension as shown on Exhibit “A” dated March 5,1997, on file
Carlsbad Planning Department CUP 260(B) , as provided by the conditions of approval ol
260(B) and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of March 1997,l
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CUP 260(B).
WHEREAS, on November 2, 1994, the Planning Commission approved
260x2, as described and conditioned in Planning Commission Resolution No. 3713.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct,
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit Amendment CUP 260(B) and Extel
based on the following findings and subject to the following conditions:
Findings:
1. The Planning Director has found that, based on the EIA Part 11, this project was desc
in EIR #EAD 77-7-34 and MEIR 93-01 as within their scope; AND there will
additional significant effect, not analyzed therein; AND that no new or add?
mitigation measures or alternatives are required; AND that therefore this project is I
the scope of the prior EIRs; and no new environmental document nor Public Resc
Code 2 108 1 findings are required.
2. The Planning Commission finds that all feasible mitigation measures identified ir
#EAD 77-7-34 and MEIR 93-01 which are appropriate to this project have
incorporated into the design of this project.
3. That the Planning Director has determined that the project is exempt fron
requirements of the California Environmental Quality Act (CEQA) per Sec
15301(c), 15301(e)(2), and 15311(b) of the state CEQA Guidelines and will not hav
adverse significant impact on the environment.
4. The Planning Commission finds that the project, as conditioned herein for CUP 26
is in conformance with the Elements of the City’s General Plan, based on the followi
a. Land Use - The project is an allowed use on the subject site whil
designated for industrial uses (PI) by the General Plan and is in an
designated by the General Plan as least desirable for residential uses (sit
the general area of the flight path of the airport).
b. Circulation - The project is consistent with the City’s General Plan sinc’
proposed modification of the existing trash transfer facility is consistent
the M (Industrial) zoning of the site as indicated on the Land Use Element (
General Plan and the project includes roadway improvements sufficie.
ensure the adequacy of the traffickirculation system.
5. The project is consistent with the City-Wide Facilities and Improvements Plan
applicable local facilities management plan and all City public facility policies
ordinances since:
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a. The project has been conditioned to ensure the building permits will not be i
for the project unless the District Engineer determines that sewer serv
available, and building cannot occur within the project unless sewer sc
remains available, and the District Engineer is satisfied that the requireme
the Public Facilities Element of the General Plan have been met insofar a;
apply to sewer service for this project. All necessary public improvements
been provided or are required as conditions of approval.
b. Statutory School fees will be paid to ensure the availability of school facilil
the Carlsbad Unified School District.
c. All necessary public improvements have been provided as elements of the p:
design.
e. The Developer has agreed and is required by the inclusion of an appro:
condition to pay a public facilities fee. Performance of that contract and paJ
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee, OK
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursu:
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
7. This project has been conditioned to comply with any requirement approved as part (
Local Facilities Management Plan for Zone 5.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fo
McClellan-Palomar Airport, dated April 1994, in that, i.e. as conditioned the app:
shall record a notice concerning aircraft noise. The project is compatible wit1
projected noise levels of the CLUP; and, based on the noise/land use compatibility II
of the CLUP, the proposed land use is compatible with the airport, in that the exi
transfer station, including the proposed modifications, is still an allowed use u
the Airport CLUP.
9. That the requested amended use is necessary or desirable for the development c
community in that the facility performs a needed service for the communit
storing collected trash for more efficient transfer to disposal sites, is essential
harmony with the various elements and objectives of the General Plan in that the us1
use allowed by the General Plan designation (PI) and the zoning (M) on the site
is not detrimental to existing uses specifically permitted in the zone in whicl
proposed use is located in that the use is surrounded by similar industrial
developments and undeveloped areas zoned for open space and indu!
development.
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10. That the site for the intended amended use is adequate in size and shape to accomrr
the use, in that the proposed floor area modifications can be accommodated v
the boundaries of the existing site, and the new parking area will be lo
immediately adjacent to the current project site within an additional leased are
11. That all the yards, setbacks, walls, fences, landscaping, and other features necess;
adjust the requested amended use to existing or permitted future uses i:
neighborhood will be provided and maintained, in that the new parking area w
enclosed by a new chain link fence and no other additional yards, setbacks,
fences, landscaping, or other features are required.
12. That the street system serving the proposed amended use is adequate to properly h
all traffic generated by the proposed use, in that the project is designed to incluc
improvements, including improvements to nearby intersections and the wideni
the access road which serves the facility, necessary to accommodate the pro]
modifications.
13. All of the findings contained in Planning Commission Resolution No. 3713 I
November 2,1994 (CUP 260x2) are included herein by reference.
Planning Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use F
Amendment for the project entitled Palomar Transfer Station (Exhibit “A”
March 5, 1997, on file in the Planning Department and incorporated by this refer
subject to the conditions herein set forth.) Staff is authorized and directed to mal
require Developer to make, all corrections and modifications to the Conditional
Permit Amendment document(s), as necessary, to make them internally consistent a
conformity with final action on the project. Development shall occur substantial
shown in the approved Exhibits. Any proposed development substantially different
this approval, shall require an amendment to this approval. This exhibit supersed
prior exhibits in all prior approvals.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy c
Site Plan as approved by the final decision making body. The Site Plan shall reflec
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced legible version of the approving resolution on a 24” x 36” blueline drx
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develoy
Permit and signed approved site plan.
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5. The Developer shall pay the public facilities fee adopted by the City Council on Ju
1987, (amended July 2, 1991) and as amended from time to time, and any develo]
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mu
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the 1
facilities fee dated March 5, 1997, a copy of which is on file with the City Clerk
incorporated by this reference. If the fees are not paid, this application will r.
consistent with the General Plan and approval for this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The am01
these fees shall be determined by the fee schedule in effect at the time of building F
application.
7. This project shall comply with all conditions and mitigation measures which are rec
as part of the Zone 5 Local Facilities Management Plan and any amendments ml
that Plan prior to the issuance of building permits.
8. This project shall comply with all conditions and mitigation measures which are req
as part of the approved Conditional Use Permit (CUP 260x2), as contained in Plar
Commission Resolution No. 3713 except for Conditions No. 1, 2, 3, 4, 5, 7, an
which are superseded by conditions contained in this resolution.
9. This Conditional Use Permit is extended for a period of five (5) years to expil
March 5, 2002. This Conditional Use Permit will remain in effect on the conc
that the City of Carlsbad is a user of the facility. This Conditional Use Permit sh
reviewed by the Planning Director on a yearly basis to determine if all conditions c
permit have been met and that the use does not have a substantial negative effe
surrounding properties or the public health and welfare. If the Planning Dir
determines that the use has such substantial negative effects, the Planning Director
recommend that the Planning Commission, after providing the permittee the opport
to be heard, add additional conditions to reduce or eliminate the substantial ne€
effects. This permit may be revoked at any time after a public hearing, if it is founc
the use has a substantial detrimental effect on surrounding land uses and the pul
health and welfare, or the conditions imposed herein have not been met, or if fol
reason the City of Carlsbad chooses not to use this facility, or is not allowed to
full use of this facility at a reasonable cost, as determined by the City of Carlsba
10. The Developer shall report, in writing, to the Planning Director within 30 days
address change from that which is shown on the conditional use permit application.
11. Prior to the issuance of the Building Permit, Developer shall submit to the City a N
of Restriction to be filed in the office of the County Recorder, subject to the satisfa
of the Planning Director, notifying all interested parties and successors in interest th;
City of Carlsbad has issued a Conditional Use Permit (CUP 260(B)) by Resolutio~
4068 on the real property owned by the Developer. Said Notice of Restriction shall
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the property description, location of the file containing complete project details a
conditions of approval as well as any conditions or restrictions specified for inclus
the Notice of Restriction. The Planning Director has the authority to execute and I
an amendment to the notice which modifies or terminates said notice upon a show
good cause by the Developer or successor in interest.
12. No outdoor storage of materials shall occur onsite unless required by the Fire Chic
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
13. The allowed days and hours of operation of the Palomar Transfer Station fa
shall be as follows:
a. Transfer Center commercial operations (collection and transport tr
external traffic to and from the station, and internal activities)
5:OO a.m. - 8:OO p.m. 7 days/week
b. Transfer Center public operations (self-haulers)
7:30 a.m. - 4:OO p.m. Saturday and Sunday
Except for holidays, when under agreement with the City, hours mi
adjusted to allow the day before or after.
c. RecyclingBuy Back Center operations (public use)
7:OO a.m. - 4:30 p.m. Monday - Friday and
7:30 a.m. - 4:OO p.m. Saturday & Sunday
d. Fleet Maintenance activities
7:OO a.m. - 12:OO a.m. (midnight) 7 daydweek.
14. The maximum allowed capacity of the transfer station facility is 800 tons of 1
per day. No waste shall be processed in excess of that maximum without appl
of an amendment to this Conditional Use Permit.
15. Developer or Owner, as appropriate, shall provide or perform all pro1
traffic/circulation improvements as shown on “Exhibit “X” - Revised” dated M
5,1997, attached hereto and incorporated herein by this reference.
16. On-site modifications necessary to facilitate interior traffic circulation, inch
but not limited to restriping, interior directional signage, cones, and barriers
require the approval of the Planning Director.
Engineering:
17. Prior to hauling dirt or construction materials to or from any proposed constructio~
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all condition
requirements the City Engineer may impose with regards to the hauling operation.
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18. The developer shall pay all current fees and deposits required.
19. Based upon a review of the proposed grading and the grading quantities shown on tl
plan, a grading permit for this project appears to be required. (the developer must s
and receive approval for grading plans in accordance with city codes and standards
to issuance of a building permit for the project.)
20. Prior to the issuance of a grading permit or building permit, whichever occurs firs
developer shall submit proof that a Notice of Intention has been submitted to the
Water Resources Control Board.
21. The developer shall comply with the City's requirements of the National Pol
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Manage
Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Eng:
Said plans shall include but not be limited to notifying prospective owners and tena~
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into storm
or storm water conveyance systems. Use and disposal of pesticides, fungi(
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respe
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollu
when planning any changes to the landscaping and surface improvements.
22. If any of the foregoing conditions fail to occur; or if they are, by their terms, t
implemented and maintained over time; if any of such conditions fail to b
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violation
vested rights are gained by Developer or a successor in interest by the City's approv
this Conditional Use Permit Amendment.
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Code Reminders:
This project is subject to all applicable provisions of local ordinances, including but not li
to the following code requirements.
23. This approval shall become null and void if building permits are not issued fc
project within 18 months fiom the date of project approval.
24. Approval of this request shall not excuse compliance with all applicable sections (
Zoning Ordinance and all other applicable City ordinances in effect at time of buj
permit issuance, except as otherwise specifically provided herein.
25. The project shall comply with the latest non-residential disabled access require]
pursuant to Title 24 of the State Building Code.
26. All roof appurtenances, including air conditions, shall be architecturally integrate1
concealed fiom view and the sound buffered from adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction c
Directors of Community Development and Planning.
27. Compact parking spaces shall be located in large groups, and in locations clearly mi
to the satisfaction of the Planning Director.
28. The developer shall exercise special care during the construction phase of this projc
prevent offsite siltation. Planting and erosion control shall be provided in accorc
with the Carlsbad Municipal Code and the City Engineer.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla:
Commission of the City of Carlsbad, California, held on the 5th day of March 1997, k
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heine
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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CARLSBAD PLANNING COMMISSION
ATTEST:
,
MICHAEL J. H~LZMKLER
Planning Director
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