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HomeMy WebLinkAbout2015-01-21; Planning Commission; Resolution 7080 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 TO INCREASE THE HOURS OF PUBLIC ACCESS TO THE PALOMAR TRANSFER STATION (PTS) FROM 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY ON A SITE LOCATED AT 5960 EL CAMINO REAL BETWEEN FARADAY AVENUE AND EL CAMINO REAL AND WITHIN IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR TRANSFER STATION CASE NO.: CUP 260(E) 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 on file in the Planning Division PALOMAR TRANSFER STATION – CUP 260(E), per Conditional Use Regulations Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 21, 2015, 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 WHEREAS, on January 21, 2015, the Planning Commission recommends approval of CUP 260(E), as described and conditioned in Planning Commission Resolution No. 7080. 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. PLANNING COMMISSION RESOLUTION NO. 7080 PC RESO NO. 7080 -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 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP 260(E) – PALOMAR TRANSFER STATION, 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 proposed amendment is to increase hours of operation for public access. No structures are proposed. 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 expanded hours of operation for public access 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 the proposed amendment is to increase hours of operation for public access. No structures are proposed. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the LOS for the street system surrounding the PTS was determined to be a B which is considered to be acceptable. The additional vehicles are not anticipated to change the LOS at the intersections of El Camino Real at Palomar Airport Road and El Camino Real at Faraday Avenue; therefore, the street system serving the facility is adequate to properly handle all existing and proposed 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 findings for CUP 260(D), which are contained in Planning Commission Resolution No. 6907, still apply to this project (CUP 260(E)). Furthermore, the proposed amendment is to increase hours of operation for public access. No structures are proposed. 6. That the proposed land use is compatible with the airport (General Plan Land Use Element – Special Planning Considerations – Airport) in that the proposed amendment is to increase hours of operation for public access. No structures or land uses changes are proposed. Conditions: 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 PC RESO NO. 7080 -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 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(D), which are contained in Planning Commission Resolution No. 6907, still apply to this project (CUP 260(E)) with the exception of Condition No. 3, 6 and 7, which have been completed. Condition No. 8 has been extended retroactively for 24 months from November 6, 2014, the date of the City Council’s approval of CUP 260(D) as stated in City Council Resolution 2012-243. Engineering: 3. 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 treatment 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. 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. . . . . . . . . . . . . . . . . . . . . .