HomeMy WebLinkAbout1977-11-01; City Council; 5230-1; County Refuse Shredder/-«••'
CITY OF CARLSBAD (•"
AGENDA BILL NO. 5230-Supplement #1 Initial:
Dept.Hd.
DATE: November 1, -.1977 r
DEPARTMENT: City Attorney C. Mgr. R
case No.: CUP-140 , County Refuse Shredder. Applicant: County of
San Diego. Location: East side of El Camino Real North of Palomar Airport
Statement of the Matter
The City Council at your meeting of October 18, 1977 directed
the City Attorney to prepare the necessary documents granting
an appeal and approving Conditional Use Permit (CUP-140) . The
resolution granting the Conditional Use Permit subject to
the conditions as recommended by the Planning Department is
attached.
Exhibit
Resolution No.
Recommendation
If the Council desires to grant Conditional Use Permit (CUP-140)
subject to the recommended conditions, your action is to adopt
Resolution No. "
Council action
11-1-77 Resolution #5242 was adopted, granting an appeal of the Planning
Commission's decision and approving a Conditional Use Permit
(CUP-140).
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RESOLUTION NO. 5242
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING
AN APPEAL OF THE PLANNING COMMISSION'S
DECISION AND APPROVING A CONDITIONAL
USE PERMIT (CUP-140) FOR CONSTRUCTION
OF A SOLID WASTE SHREDDER AND TRANSFER
STATION ON PROPERTY GENERALLY LOCATED
ON THE EAST SIDE OF EL CAMINO REAL
NORTH OF PALOMAR AIRPORT ROAD.
APPLICANT: COUNTY OF SAN DIEGO.
WHEREAS, the Planning Commission of the City of Carlsbad
did on September 28, 1977 hold a duly noticed public hearing
to consider the application of the County of San Diego for a
Conditional Use Permit (CUP-140) to allow construction of a>
Solid Waste Shredder and Transfer Station on property generally
located on the east side of El Camino Real north of Palomar
Airport Road, more particularly described as:
Those portions of Lots A and B of Rancho Agua Hedionda
in the City of Carlsbad, County of San Diego, State
of California according to Map thereof No. 823, filed
in the office of the County of San Diego County,
November 16, 1896;
and
WHEREASr the County of San Diego, as the lead agency,
has prepared and certified an EIR, which the City Council has
considered and found the project to be in compliance with the
City of Carlsbad Environmental Protection Ordinance of 1972; and
WHEREAS, at the conclusion of said hearings, the Planning
Commissionr after making certain findings recommended denial of
the permit; and
WHEREASt a duly noticed public hearing was held by the .
City Council on October 18, 1977 to consider the matter at which
time all persons interested in or opposed to the proposed CUP
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were heard and the decision of the Planning Commission considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the •
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
B. That the findings of the City Council are the findings
recommended in the Planning Department Staff report to the
Planning Commission dated September 28, 1977, on file in the
Planning Department and incorporated by reference herein.
C. That the appeal by the County of San Diego of the
Planning Commission's decision to deny the Conditional Use Permit
is hereby granted. ,
D. That the City Council hereby approves the Conditional
Use Permit (CUP-140) for the construction by the County of San
Diego of a Solid Waste Shredder and Transfer Station on the
above-described property subject to the satisfaction t»y the
County of San Diego of the following conditions of approval: '
1. This Conditional Use Permit will become effective
only upon approval of GPA-49, which designates the
property as "G" (Governmental Facility) and the
effective date of the Ordinance approving ZC-197 to
rezone the property from OS to M.
2. Approval is granted for the land described in the
application and attachments thereto, and on the site
plan, Exhibit A, dated 9/1/77, on file in the Planning
Department and incorporated by reference herein. All
buildings and other facilities shall be located substan-
tially as shown on the site plan except as indicated
otherwise herein.
3. Construction of the shredder building shall utilize
materials and design which will insure that noise levels
produced by the project and related activities do not
exceed 60 dB(A) at the boundary of the 21 acre site.
4. Prior to the start of construction, the City
Council shall review and approve final site plan, land-
scape and irrigation plans and building elevations
for the 21 acre site to insure that the buildings will
be compatible with the natural terrain, vegetation
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and the surrounding area. Erosion control landscaping
shall be used on the site and screen type landscaping
will be placed along the side of the buildings. The
boundary of the site with the Beckman property shall
be landscaped.
5. All electric lines shall be undergrounded as per
City Ordinance to prevent above ground level electrical
arcing (common to above ground level transmission
lines) in the vicinity of the solar wind antenna
system such that electrical interference is minimized.
6. In consideration of the need of the University of
California for a radio-quiet environment in the
vicinity of the project, the applicant shall consult
with the University during project design, and shall
work with the University to mitigate any radio
interference resulting from the project.
7. Improvement of the access roads on the site shall
be accomplished and maintained in specific conformance
with those specifications represented on the submitted
grading plan (page 5) on file with the City Engineer.
8. The perimeter of the operating area shall be
surrounded with a chain link fence a minimum of six
feet in height to stop trash from being wind blown
off site. (
9. Pedestrian/equestrian trails as deemed necessary
by the Parks and Recreation Director shall be provided
by easement or other form and improved to his satis-
faction prior to final occupancy. Trails are subject
to approval by the Federal Aviation Administration.
10. Additional right-of-way shall be dedicated on the
basis of 126 foot right-of-way, and applicant shall
enter into an improvement agreement quaranteeing that
applicant will construct full one-half improvements
along El Camino Real and Palomar Airport Road frontage
when the City Council determines it to be required.
11. The applicant shall enter into an agreement
obligating applicant to provide one<-fourth of the cost .
of a traffic signal at the intersection of Palomar
Airport Road and El Camino Real.
12. In order to provide for reasonable fire protection
during the construction period, the applicant shall
maintain passable vehicular access to all buildings
and adequate fire hydrants, with required fire flows',
shall be installed as recommended by the Fire Department.
13. All land and/or easements^required by this
conditional use permit shall be granted to the City
of Carlsbad without cost to the City and free of all
liens with encumbrances.
3.
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14. Applicant shall be responsible for the relocation
of the compressor station for the Encina sewer outfall
which shall be made a part of applicant's obligations
under the improvement agreement.
15. The applicant shall agree to dedicate an easement
for a future sewer improvement as shown on the City of
Carlsbad's Master Sewer Plan.
16. The applicant shall dedicate the necessary easements
for the fire hydrant as approved by the Fire Chief.
17. The proposed paving of the center median area on
El Camino Real shall include temporary left turn pockets
and is subject to the City Engineer's approval.
18. This permit is approved upon the express condition
that building permits will not be issued for development
on the subject property unless the City Engineer
determines that sewer facilities are available at the
time of application for such permit and will continue
to be available until time of 'occupancy. If the City
Engineer determines that sewer facilities are not
available, building permits will not be issued until
arrangements, satisfactory to the City Council, can be
made to guarantee that all necessary sewer facilities
will be available prior to occupancy.
19. The required ornamental street light at the
intersection of El Camino Real and the proposed access
road shall be Mission Bell type (20,000 lumen). It.
shall be located to meet the ultimate design of
El Camino Real.
20. All constructed slopes shall be a maximum of 2:1
unless approved by the City Engineer.
21. The applicant shall agree to dedicate an easement
for a future road as shown on the General Plan.
22. Odor emitting from the operation shall not be
detectable outside the boundaries of the 21 acre site.
Methods to prevent this odor shall be submitted to
the Planning Director prior to issuance of building
permits.
23. A report shall be prepared determining if the pro-
posed use will cause vermin, insect and pest problems
and, if so, what methods will be instituted to eliminate
the problems. This report shall be reviewed by the
County Department of Health and Federal Drug Administra-
tion and methods proposed by this report shall be
installed in the operation prior to occupancy.
24. Dust emitting from the shredding shall not be
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permitted outside the shredding structure. Proper
dust collecting equipment shall be installed and kept
functioning to ensure this•requirement is met.
25. Measures shall be taken to reduce the visibility
of the shredder building and operation area from the
residential areas to the east. The operational site
shall either be lowered a minimum of six feet or a
berm of at least six feet high along the easterly side
shall be constructed. A wall or screen landscaping or
a combination of both shall be required to further
screen the view of the operation from the east.
26. At the end of one year and every year for five
years thereafter the applicant shall submit a report
to the Planning Commission determining the performance
of their operation regarding dust, odor, litter, vermin,
insects, pests and noise. The report shall include
a report from an accoustical engineer determining
noise levels on site and surrounding property. If
the performance is not satisfactory to the Planning
Commission, the applicant shall 'submit methods to
correct the problem. The Planning Commission will
determine the future review periods at the end of this
review period.
27. If after completion of initial construction,
modification to the buildings, operations, or
operating grounds is desired, such modifications
shall be submitted to the Planning Commission for
review. .
28. All mitigating measures listed under archaeology
in the EIR shall be met,
29. Applicant will be responsible for policing all
trash in the area once weekly in the area of one mile
either direction on Palomar Airport and one mile
either direction on El Camino Real.
30. Operation shall be limited to the hours between
7:00 A.M. and 9:00 P.M., seven days a week. Emergency
or temporary changes may be approved by the Planning
Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the ] st ^ay °f
November r 1977, by the following vote, to wit:
5.
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AYES: Councilmen Frazee, Lewis, Skotnicki and
Councilwoman Casler
NOES: Councilman Packard
ABSENT: None
ayor
ATTEST:
MAR(5AMT E. ADAMS, (City Cl erk
(SEAL)