HomeMy WebLinkAbout2012-10-03; Planning Commission; Resolution 6907
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT AND A RETROACTIVE TEN YEAR
EXTENSION TO ALLOW THE: 1) EXPANSION OF THE
EXISTING TRANSFER STATION TIPPING BAY STRUCTURE;
2) COLLECTION OF UNIVERSAL WASTE; AND 3)
COLLECTION OF HOME-GENERATED SHARPS NEEDLES
ON A SITE LOCATED ON THE EAST SIDE OF ORION
STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: CUP 260(D)
WHEREAS, Palomar Transfer Station, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by the County of San Diego,
Department of Public Works – Airport Division, “Owner,” described as
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed in the Office of the County Recorder of
San Diego County on November 16, 1986
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment and extension as shown on Exhibits “A” – “G” dated October 3, 2012, on
file in the Planning Division PALOMAR TRANSFER STATION – CUP 260(D), as provided
by the conditions of approval of CUP 260(C) and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment; and
PLANNING COMMISSION RESOLUTION NO. 6907
PC RESO NO. 6907 -2-
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
WHEREAS, on October 3, 2012, the Planning Commission recommends
approval of CUP 260(D), as described and conditioned in Planning Commission Resolution No.
6907.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION –
CUP 260(D) Amendment and extension, effective retroactively from March 4,
2012 through March 4, 2022, based on the following findings and subject to the
following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
requested uses are necessary and desirable for the community, in that segregating
household waste and sharps needles from the main stream of waste is a benefit for
the health and safety of the community and environment.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located, in that the project site is
surrounded by areas zoned for open space or industrial uses. Much of the
surrounding area is undeveloped. The developed sites contain industrial type uses
(e.g., the CMWD office and equipment storage yard, Safety Center, etc.). Therefore,
the facility is not detrimental to any existing uses or permitted uses in the area.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that all proposed structures and uses can be
accommodated within the existing site boundaries.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that no additional traffic will be generated with the
proposed project. The street system serving the facility is adequate to properly handle all existing traffic.
5. That the project is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) as amended March 4, 2010 in that the adopted project
PC RESO NO. 6907 -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
findings for CUP 260(C), which are contained in Planning Commission Resolution
No. 5800, still apply to this project (CUP 260(D)) including an update to Finding No.
7 to state the project is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) as amended March 4, 2010.
6. That the proposed land use is compatible with the airport (General Plan Land Use
Element – Special Planning Considerations – Airport) in that the project is also
consistent with the Federal Aviation Regulations (FAR) Part 77 Guidelines, which
determines if structures located within the Airport Influence Area will affect
navigable airspace. A Part 77 form was completed for the project. The FAA made a Determination of “No Hazard to Air Navigation” (Aeronautical Study No. 2012-
AWP-2456-OE dated 6/6/12).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building or grading permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit
Amendment.
2. The adopted project conditions for CUP 260(C), which are contained in Planning
Commission Resolution No. 5800, still apply to this project (CUP 260(D)) with the
exception of Condition No. 14, which is not applicable, Condition No. 18, which is replaced by Condition No. 4 of this Resolution, Condition No. 25, which is replaced
by Condition No. 3, of this Resolution, Condition No. 27, which is no longer
applicable given the requirements of the current ALUCP, is replaced with
Condition No. 5 of this Resolution, and Condition Nos. 38, 40, 42, 46, 49 and 53,
which are no longer applicable as they have been satisfied.
3. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a Conditional Use Permit
Amendment by Resolution No. 6907 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The City Planner has the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
PC RESO NO. 6907 -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
4. This Conditional Use Permit is granted for a period of ten (10) years retroactively from
March 4, 2012 through March 4, 2022. This permit may be revoked at any time after a
public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public’s health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed ten (10) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public’s health and welfare. If a substantial negative effect on surrounding
land uses or the public’s health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
5. The project shall comply with the provisions in the ALUCP as amended March 4,
2010.
6. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
8. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Fire:
9. The developer shall design the relocation of the existing private fire hydrant, located in
front of the building expansion, subject to the approval of the Fire Code Official.
Engineering:
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
11. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
PC RESO NO. 6907 -5-
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
12. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
13. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation, the city’s standard form Geologic Failure Hold Harmless
Agreement.
14. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation the city’s standard form Drainage Hold Harmless Agreement.
Grading
15. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
plans via the building permit process. Technical studies/reports may be required subject
to the city engineer’s review. Developer shall pay all applicable grading plan check and
permit fees per the city’s latest fee schedule.
16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
17. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
18. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
. . .
. . .
I
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
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 3, 2012 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schumacher, Commissioners Arnold, L'Heureux,
Nygaard, Scully and Siekmann
Commissioner Black
710~~0~
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
DONNED
City Planner
PC RESO NO. 6907 -6-