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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-