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HomeMy WebLinkAbout1995-01-10; City Council; 12980 Part IV; Palomar Transfer StationQ. Neighborhood Character/Aesthetics. Will the proposal result in: 1. The obstruction of any vista or scenic view from a public viewing area? X 2. The creation of a negative aesthetic site or project? 3. Project bulk, scale, materials or style which will be incompatible with surrounding development? 4. Substantial alteration to the existing character of the area? 5. The loss of any distinctive or landmark tree(s), or a stand of mature trees? 6. Substantial change in topography or ground surface relief features? 7. The loss, covering or modification of any unique geologic or physical features such as a natural canyon, sandstone bluff, rock outcrop or hillside with a slope in excess of 25 percent? X R. Cultural/Scientific Resources. Will the proposal result in: 1. Alteration of or the destruction of a prehistoric or historic archaeological site? 2. Adverse physical or aesthetic effects to a prehistoric or historic building, structure, object or site? 3. Adverse physical or aesthetic effects to an architecturally significant building, structure, or object? 61 4. Any impact to existing religious or sacred uses within the potential impact area? X 5. The loss of paleontological resources? S. Human Health/Public Safety. Will the proposal result in: 1. Creation of any health hazard or potential health hazard (excluding mental health)? 2. Exposure of people to potential health hazards? 3. A future risk of an explosion or the release of hazardous substances (including but not limited to gas, oil, pesticides, chemicals, radiation or explosives)? X T. Mandatory Findings of Significance. 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate 62 resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 63 APPENDIX G Sample Only NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS This Declaration and Notice Concerning Aircraft Environmental Impacts is made by , hereinafter referred to as the "Owner," as developer of certain real property situated in the City of , County of San Diego, State of California. RECITALS A. The Owner is the developer and holer of the title to certain real property in the City of , County of San Diego, California, more fully described as: B. The property is located approximately miles from the McClellan-Palomar Airport, City of , San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport E. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public, military and private aircraft which will generate noise and other environmental impacts. 65 NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CT/PM- ) approved by the City of , which approval includes the requirement of the City of , that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. That the flight operations to and from the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. IN WITNESS WHEREOF, this Declaration of Notice of aircraft, overflight, sight, and sound is made this day of , 19^. STATE OF CALIFORNIA, COUNTY OF ) ss. On , 19 , before me, a Notary Public in and for said County and State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of , the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. By: By: __ 66 November 30, 1994 TO: ASSISTANT CITY MANAGER Via: Administrative Services/Projects Manager^ 0* FROM: Management Analyst, Solid Waste COUNTY TRANSFER STATION SITE IN VISTA On April 9, 1 991 , the County Board of Supervisors authorized the expenditure of $5,700,000 for the acquisition of 1 5 acres of land in Vista for the development of a solid waste recycling/ transfer station. This was one of many recommendations of the San Marcos Contingency Plan, developed when it appeared the closure of the San Marcos Landfill was imminent. I have attached a copy of the Board minutes for the entire report, and have highlighted the sections pertaining to the site purchase. The minutes state that this land was purchased specifically for the development of a solid waste transfer station. Because this property is owned by the County, it has been removed from the assessor's roll. I am unable to access specific purchase information, such as closing date or exact price. I believe that escrow closed in early 1992, and this site has subsequently been listed as an asset of the Solid Waste Enterprise Fund. Should you require any additional information, please call me at ext. 2949. JUtit ROSS On April 2, 1991, Board Order No. 79, the Board of Supervisors ordered action held in abeyance until April 9, 1991 on TE3660 - San Marcos Landfill, Real Property Contracts Parcel Nos. 90-0330-A-D and 90-0149-A-C. The Board now considers the matter concurrently with the matters concerning the Status Report on Solid Waste Issues and the San Marcos Landfill Contingency Plan. There is presented to the Board a letter, Board of Supervisors Document No. 740326, from the Chief Administrative Officer concerning the Status Report on Solid Waste Issues and recommending that the Board note and file the report. There is also presented to the Board a revised letter, Board of Supervisors Document No. 740873, from the Chief Administrative officer concerning the San Marcos Landfill Contingency Plan and recommending that the Board take the following action: 1. Direct County Counsel to appeal to the Regional Water Quality Control Board decision of March 11, 1991 to the state water Resources Control Board -and seek a rehearing on the vertical expansion of the San Marcos Landfill. 2. Direct the Chairman of the Board of Supervisors to sign a letter to the Regional Water Quality Control Board requesting that either A) their staff proceed with work on the County's application, or B) the Regional Water Quality Control Board select a consultant to continue the work and the county will pay the related costs. 3. Direct staff to meet with AB939 Advisory Committees to gain their input. 4. Direct staff to prepare an Amendment to the Solid Waste Management Ordinance (6875), Sections 68.501 and 68.511 to provide for the control of vehicle access to the San Marcos Landfill. 5. Authorize the Chief Administrative Officer, subject to obtaining permit modifications, if necessary, at otay, Ramona, and Sycamore Landfills, to limit access to the San Marcos Landfill to solid waste industry compaction vehicles and to the public using standard passenger and pick-up truck vehicles. All other vehicles would be diverted to the County's remaining solid waste facilities. *6. Approve in concept and direct the Chief Administrative Officer to return to your Board at a time certain on May 21, 1991 with an Amendment to the Solid Waste Nos. 61 - .71 4/9/91 dc Page 1 of 18 PosMf Fax Note 7671 Phone*. IB From Management Ordinance for phased Implementation and enforcement of mandatory recycling in all areas in the region using County landfills, to include the following elements: A* Curbside Separation and Collection of Yard and Wood Waste B. Commercial and Business Office Paper Recycling C. Residential curbside Recycling Programs D. Enforcement of Recycling Requirements 7. Amend the Fiscal Year 1990*91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $250,000 from the Solid Waste Contingency Reserve and authorize the Director of Purchasing and Contracting, to negotiate an Amendment to Contract NO. 41056-E with Herzog Contracting Corporation for the application of foam as cover material at the San Marcos Landfill. 8. Direct the Director of General Services to terminate the lease with Coast Waste Management at. the Paloroar Transfer Station; and, amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to: (A) Authorize the expenditure of $500,000 from the Solid Waste Contingency Reserve to authorize the Department of Public Works to proceed with environmental review, design, permit, construction plans and specifications to expand the facility at the Palomar, vista and san Marcos Transfer Stations; and (B) Direct and authorize the Director of Purchasing and Contracting, to negotiate a Contract utilizing Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services, to procure a consultant for the design, environmental review and permitting of the Palomar, Vista, and san Marcos transfer stations; and, authorize the Director of Purchasing and Contracting to award a Contract upon the completion of successful negotiations not to exceed $500,000. 9. With regard to the proposed Vista Transfer Station: (A) Find in accordance with Section 15096 of the California Environmental Quality Act Guidelines that the County has considered the Environmental Impact Report certified by the City of Vista (E85- 46) that addresses the impacts of industrial uses Nos. 61 - 71 4/9/91 dc page 2 of 18 within the North County industrial park. This finding is for the acquisition of two parcels of land in Recommendations 9B and 9C. Direct the Clerk of the Board of Supervisors to file a Notice of Determination for this action. (B) Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund to authorize the expenditure from the Facilities Reserve of $5,700,000 to have the Director of General Services to immediately acquire parcel numbers 219-531-32 and 219532-19 for the purpose of the development of a solid waste recycling/transfer station in the North County Industrial Park to be owned and operated by the County of San Diego. (C) Direct staff to proceed with necessary steps to purchase the property and request the San Diego Capital Asset Leasing Corporation to initiate the financing for the purchase o-f the property and return to your Board for approval, upon receipt of funds from this action, direct the Auditor and Controller to reimburse the Facilities Reserve. 10. Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $1,000,000 from the Contingency Reserve and direct the Chief Administrative Officer to seek modifications to the San Marcos Landfill Permit to provide the means to transfer up to 2,000 tons per day from that facility to other solid waste facilities throughout the County. 11. Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $750,000 from the Solid Waste Enterprise Fund Facilities Reserve Fund for Recommendations 12 and 13 below. 12. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of purchasing and contracting to negotiate and execute Amendments of up to $500,000 to Contract No. 41115 with Michael Brandman Associates for design of a flare system to comply with Air Pollution Control District requirements at the San Marcos Landfill and to complete the permit process* 13. In accordance with Board Policy A-87, competitive Procurement, approve and authorize the Director of purchasing and Contracting to negotiate and execute Nos. 61 - 71 4/9/91 dc Pago 3 of 18 Amendments of up to $250,000 to Contract No. 41302-E with the IT Corporation to provide additional services relative to permit acquisition and additional required monitoring at the San Marcos Landfill. 14. Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to: 1) Authorize the expenditure of $25,000 to provide technical assistance in obtaining the Regional Water Quality Control Board permit application; and 2) Authorize the Director of Purchasing and Contracting to begin Contract negotiation with NBS- Lowry, and subject to fair negotiations and determination of a fair and reasonable price, enter into a Contract to provide technical assistance in preparing the Regional Water Quality Control Board permit application. » 15. Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to: 1) Authorize the expenditure of $1,000,000 from the Contingency Reserve to secure permit modifications (if necessary) at the Otay, sycamore and Ramona Facilities; and, 2) Authorize the Director of Purchasing and Contracting to begin Contract negotiations with a firm from the county's list of approved consultants in accordance with Board Policy A-87, Competitive Procurement. 16. Report back on May 21, 1991, time certain, with an action plan on the County staffing and equipment needed to implement Recommendations 4, 5, 6, 9b, and 10. 17. Find that the construction of additional scales and fee booths at the Sycamore Landfill is in accordance with Section 15096 of the California Environmental Quality Act Guidelines and that the County has considered the Environmental Impact Report SCH 84040407 as certified on June 28, 1989 by the California Department of Transportation, and July 28, 1989 by the Federal Highway Administration* 18. Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan tot Nos. 61 - 71 4/9/91 dc Page 4 of 18 X) Authorize the expenditure of $600,000 from the Contingency Reserve for the construction of additional fee booths and temporary scales and computers at the Sycamore, and Otay Landfills; and 2) Authorize the improvements necessary for construction of fee booths(2) and temporary scales(2) at the Sycamore Landfill, and the improvements necessary for the construction of l fee booth and temporary scale at the Otay Landfill, and 3 upgraded computer systems. There are on file a letter the following letters: Board of Supervisors Document No. 740905 740877 741008 740934 740919 740920 From T. P. Pocklington President of sweetwater Valley Civic Association J. R, Thayer Robert C. Maxwell, Kenneth H. Lounsbery, SERVCON Subject; Opposition to transferring North County trash to South Bay Support for a trash- to-energy facility. Oppos i t i on to transferring North County trash to the Otay Landfill site. Concerning County's transfer station siting plan and Mrs* M. Support for a trash- .(illegible) to-energy contract. Support for a Trash- to-energy plant. Mr. S. John A. Trathen The Chief Administrative Officer makes introductory comments on the three issues to be discussed and notes the matters being discussed are related to the critical issue of solid waste management. The Deputy Director of the Department of Public Works for Solid Waste Management gives a status report on solid waste issues. He gives an overview of the immediate complex issues involved in regional solid waste management. He states the report was prepared to illustrate that solid waste issues are interrelated and have an Nos. 61 - 71 4/9/91 do Page 5 of 18 effect on each other. With the aid of slides he reviews background information and reviews the process currently in operation for the disposal of solid waste. He addresses (1) recycling programs in different areas in the County, (2) concerns related to capacity of the different landfills, (3) requirements of AB939, (4) importance of transfer stations, and (4) the financing for the different programs. He reviews timelines for reports due back to the Board for review. He states that the San Marcos landfill expansion, the North County landfill siting and permitting, the transfer stations, and waste-to-energy are the high priority issues because of the great need right now in North County. Concerning the real property contracts for the acquisition of the San Marcos Landfill, he states the acquisition of certain parcels are within the original plan A representative from the Department of Public Works addresses the San Marcos Landfill Contingency Plan. He reviews the revised recommendations as per revisions presented by staff, Board of Supervisors Document No. 741081, and states the recommendations can be summarized into six action items which include the San Marcos Permits for expansion of the life of the landfill, diversion of vehicles from the San Marcos landfill, the use of foam as cover for the landfill, implementation of a transfer station process, mandatory recycling Count-wide, and direction to work with the AB939 Advisory Committees before coming back to the Board on May 21, 1991, with an action plan and discussion of the needed parcel purchases. He states the contingency plans came about because of the potential that the San Marcos Landfill will close temporarily or permanently if the expansion permits are denied. The following individuals express concerns with the proposal to divert waste disposal from North County to the Otay Landfill as a viable measure for extending the life of the San Marcos Landfill: Michael Bixler, Mayor of Imperial Beach cites the following concerns associated with diverting the waste: traffic impacts, air quality impacts, reduction of life for the Otay landfill, and increased cost for trash disposal. He asks that at the minimum an environmental report be conducted before implementing this proposal. Leonard M. Moore, Mayor Pro Tempore for the City of Chula Vista, presents the Board with a written copy of his testimony, Board of Supervisors Document No. 741009* He asks the Board to give serious thought to the issue and to choose other options which do not penalize the "good soldiers". Tim Nader, Councilmember from the City of Chula Vista, reviews future projects and plans for the City of Chula Vista and points out that being the "dumping grounds" for other communities is not NOB. 61 - 71 4/9/91 dc Page 6 of 18 consistent with those plans. He indicates that the diversion of waste disposal to the South county should require an environmental report. The Chairman of the Board reads into the record a letter, Board of Supervisors Document No. 741010, from Judy McCarty, Councilmember for the City of San Diego, in which Ms. Mccarty states landfills are a fact of life and it is time communities became good neighbors instead of exploiting government processes to protect neighborhood turf./ Nick Aguilar, Board member of the sweetwater District Board or Trustees, expresses concern that the increased load on the otay Landfill will result in increased fees. The following individuals address the Board in support/opposition to the various issues relating to solid waste and the San Marcos contingency plans: Bud Lewis, Mayor of the City of Carlsbad states the problem is most acute in North County because of what is happening in the San Marcos Landfill area. He indicates cities must now be involved in waste management and overall elements affecting the San Diego region because of cost implications and requirements of AB939. He addresses financial and environmental concerns relating to disposal options. He also addresses the following issues: (2) need for cities to take part in the decision making process; (3) need to address joint powers agreements; (5) development of transfer system; (6) need to address an independent financial analysis of cost and benefits of waste disposal alternatives; (7) need to address the short term as well as long term solutions; (8) incineration; and (9) evaluation of private sector. Gail Hano, Mayor of Encinitas, indicates that for the short term solution the expansion of the San Marcos landfill needs to be promptly processed and approved and mitigation of adverse impacts should be resolved through the California Environmental Quality Act. She points out the need for confirmation from the Board of Supervisors that the County will be able to continue to provide the necessary services until a new North County landfill is on line. Don Rodee, Councilmember from the City of Oceanside, presents the Board with two letters plus attachments, Board of Supervisors Document No. 741106, expressing support for the San Marcos Landfill expansion and addressing the impacts associated with recycling of trash and transfer stations. He states 70 percent of cities in North County are not interested in a trash burning type facility. He expresses concern that neither the cities nor the County will receive the revenue from these plants. NOS. 61 - 71 4/9/91 dcPage 7 of 18 Jan McMillian, Mayor of City of Del Mar, expresses support for an overall plan for countywide mandatory recycling, she points out the serious economic impacts to ratepayers with a trash to energy plant, and states that if cities are asked to have flow control agreements they should have a much stronger voice in the financial strategy for the program. Celine Olson, Deputy Mayor of Solana Beach, expresses support for additional studies concerning the financial and environmental feasibility of the trash to energy plants. He suggests that the formation of joint powers agreement would go a long way in the right direction. Jack Anderson states that Mayor Lewis has expressed his concerns. Sandra schultz, Vice Chair of the AB939 Technical Advisory Committee and representing the City of La Mesa, expresses support for the recommendation to direct staff to meet with the AB939 Advisory Committee and points out the need for the Committee's input because they will be responsible for implementing the proposed solutions. She expresses opposition to the diversion of trash to the South Bay. Reynold Blunk, member of the solid Waste Committee for the City of Oceanside, speaks in support of waste to energy facilities and cites their benefits. He states the solution lies in combined efforts such as recycling, expansion of the San Marcos Landfill, and waste to energy facilities. Evelyn Alemanni, with the Elfin Forest Town Council, speaks concerning the properties affected by the expansion of the San Marcos Landfill. she states the landfill expansion leaves the property owners no alternative. She asks that (l) families in the buffer zone be compensated along the same guidelines used for condemned properties; (2) that the Board do everything in its power to expedite the process of acquiring these properties and closing escrow, and (3) that the Board delay the expansion until all the escrows are closed. Bruce Hamilton, representing North County Concerned Citizens, notes that the amount of waste entering the San Marcos Landfill has declined dramatically during the last few months and at the current rate will provide four years of life for San Marcos without any diversion to the South County. He states the citizens of North County do not want North County Waste diverted to South county unless the Board votes to terminate the North County Resource Recovery Associates contract. He urges the Board to terminate the Nos. 61 - 71 4/9/91 dc Page 8 of 18 site contract and that North County Resource Recovery Associates has no enforceable right to that site. George Schlueter, consultant working with waste management, states the technology for recycling/ resource recovery, and energy recovery does exist and that resource recovery has tremendous potential in the community. He stresses the importance of recycling some of the valuable materials such as paper. He states that if recycling is done without an integrated approach, the fuel will be much too expensive. He states it is important that everything be recycled into/its highest value. Ruth Harber, representing the North County Coalition, presents the Board with a North County Landfill Study, Board of Supervisors Document No. 741011, and reviews what the driving distance would be from Gregory Canyon as compared to using closer landfill sites. Jean Doktpr, John Doktor and Monroe Foster speaking in support of the trash-to-energy plant, cite benefits from having trash-to- energy plants and problems associated with the landfills. They ask the Board to consider the trash-to-energy plant as a viable solution to the waste management problem. Patricia Newton, member of the Elfin Forest Coalition, reviews costs and impacts of the incinerator project. She addresses the impact to the area such as destruction of rural character, devaluation of properties, and the increase in health risks. Bethany Gilmore indicates that there are better ways to waste management than burying the refuse. She asks the Board to make a decision that protects and preserves the natural resources and will be for the highest good of all. Candy Lindemuth states she owns one of the inverse condemnation properties. She reviews background information concerning her property and how the acquisition of her property has been delayed. She asks for a time and date for the acquisition of her property. Carol Metzger addresses the impact to the contamination of clean water if the siting is done at the Gregory canyon site and cites reason why the Merriam Mountain site is a better solution to the problem. Virginia Buonarati, President of the North County Coalition, presents the Board with a written copy of her testimony, Board of Supervisors Document No. 741012. She expresses concern regarding the search and evaluation of the site for the proposed landfill. Nos. 61 - 71 4/9/91 dc Page 9 of 18 Charles Holsclaw presents the Board with a written copy of his testimony, Board of Supervisors Document No. 741015, and speaks in support of a trash-to-energy plant. He asks the Board to support up-front recycling, burning that which cannot be recycled, and making trash a revenue maker. Burke Belknap, chemical engineer working in the environmental field, speaks in support of the trash to energy plant. He states it is the way of the future. He also states it is the least polluting method and states it will be more economical in the long run. ' Wayne Balderson speaks in support of the trash to energy plant. He states incineration will eliminate life threatening illnesses, landfills, transporting, and will save the County's watershed, wildlife, and atmosphere. He suggests that trash already in the landfills be recycled to make more room for unrecyclable refuse. Jim Casey, with the Construction Industry .Federation, presents the Board with a letter. Board of Supervisors Document No. 741013, submitting alternatives which address the increased cost to the industry because of the increased distance related with the diversion of trash to other landfills. He asks the Board to conisder these alternatives. Maggie Helton speaks in opposition to the trucking of refuse from North county to the South County. She addresses the issues of the prison authority facility, the six sites for landfills in South County as compared with two sites for the North County, and asks what is planned for the South county when that landfill is filled to capacity. Ted Marioncelli, representing Coast Waste Management lessee of the Palomar transfer facility, asks the Board not to terminate the lease with Waste Coast Management but to consider a contract with the private sector for joint use of the site with the County. Daniel Dennison, Helen Caesel, and Carol Freno, President of crossroads, speak in opposition to diverting the refuse to South County from North County. Reasons cited for opposition include increased traffic, increased air pollution, wear and tear on roads, decreased life for the South County landfill and the fact that the South County already has its share of public service entities such as Federal and State prisons, airport, and landfills. George Boase suggests the following for solving the refuse crisis in North County and fulfilling the requirements of AB939: (1) canceling the North County Resource Recovery Associates project Nos. 61 - 71 4/9/91 dc Page 10 of 18 and utilizing the site for the short term solution to the San Marcos crisis (2) expanding the San Marcos Landfill southwest to the 750 foot level, (3) adopting the Merriam Mountain site, (3) adopting a policy stating no recyclables may be lanfilled after July 1992, and no unseparated garden waste will be accepted after January 1991, (4) adopting the policy of refusing organic waste at landfills after January l, 1995, (5) increasing landfill tipping fees to $36 a ton effective July 1, 1991, and (6) making all cities responsible for the administration of recycling and composting programs within their sphere of influence./ Muriel Watson asks the Board to take into consideration the impact of the additional truck traffic to the area. Sylvia Moore, owner of Parcel Nos. 90-0330-A-D, and Bob Haberman state the County has put them into a hostage situation with regard to their property. They review sequence of events and express concern at the delay and the process used by the County to acquire their property for the expansion of the San Marcos Landfill. They ask the Board to proceed with acquisition of their properties without delay. There are on file requests to speak in support/opposition to various issues concerning solid waste issues and the San Marcos Landfill Contingency plans from the following people although they do not in fact orally address the Board when their names are called: Vince Biondo, George C. Davila, Edward C. McKenna, Bill Schwartz, Gaye Soroka, Charles Stalb, and Dwight Worden. The record shows that seven individuals have indicated support/opposition but do not wish to orally address the Board. During discussion concern is expressed at diverting the North County trash to South County and it is indicated that a commitment has been made to the citizens of the South County that landfills sited in that area will handle the waste stream from the South County and not other Counties. It is pointed out that the permit for the landfill sites will be violated if the diversion of trash is approved and that another Environmental Impact Report should be required. Supervisor MacDonald indicates that if the capacity of the San Marcos landfill is reached and the trash-to-energy plant does not come on line, there will be a health crisis that will not be surmountable unless trash is hauled to other areas. He also indicates that if the action to divert trash is not passed it will be a straying away from the regional approach to this problem. The following are issues addressed during discussion: (1) emissions from the trash-to-energy plant as compared to truck emissions; (2) additional transportation and facility costs; (3) mandatory recycling; (4) need for transfer stations near to landfills; (5) Nos. 61 - 71 4/9/91 dc Page 11 of 18 flow control agreements? (6) required Environmental Impact Review; and (7) reason for halting the San Marcos expansion. It is indicated that there are many components to the solution of the waste management problem and that there has to be another solution at this time which is not shipping it to some other region. Supervisor MacDonald states he cannot support a motion to start mandatory recycling in the San Marcos Landfill unless the whole region has mandatory recycling. NO. 61 / ON MOTION of Supervisor Bilbray seconded by supervisor Bailey, the Board of Supervisors (i) directs County Counsel to appeal to the Regional Water Quality Control Board decision of March 11, 1991 to the state Water Resources Control Board and seek a rehearing on the vertical expansion of the San Marcos Landfill; (2) directs the Chairman of the Board of Supervisors to sign a letter to the Regional Water Quality Control Board requesting that either A) their staff proceed with work on the County's application, or B) the Regional Water Quality control Board select a consultant to continue the work and the County will pay the related costs; (3) directs staff to meet with AB939 Advisory Committees to gain their input; (4) directs staff to prepare an Amendment to the Solid Waste Management Ordinance (6875), Sections 68*501 and 68.511 to provide for the control of vehicle access to the San Marcos Landfill; and said no to the recommendation that would divert all vehicles that are not solid waste industry compaction vehicles and standard passenger and pick-up truck vehicles to the County's remaining solid waste facilities and directed Chief Administrative Officer at this time not to divert waste streams to south county locations, and that North County waste streams go to existing or adjacent sites. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, and Williams NOES: Supervisor MacDonald ABSENT: Supervisors None No. 62 ON MOTION of supervisor Golding, seconded by Supervisor Bilbray, the Board of Supervisors approves in concept and directs the Chief Administrative Officer to return to the Board at a time certain on May 21, 1991 with an Amendment to the Solid Waste Management Ordinance for phased implementation and enforcement of Nos. 61 - 71 4/9/91 dc Page 12 of 18 ^ mandatory recycling in all areas in the region using County landfills, to include the following elements: A. curbside Separation and Collection of Yard and Wood Waste B. Commercial and Business Office Paper Recycling C. Residential Curbside Recycling Programs D. Enforcement of Recycling Requirements; and that no recyclables, or yard waste that can be composted be allowed in County landfills, that a waste stream truck control be initiated at the San Marcos Landfill, and initiate the program in North County; and directs staff to prepare the implementation plan for the Board's review on May 21, 1991, with phased implementation to follow for the entire San Diego Region. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, and Williams NOES: Supervisor MacDonald ABSENT: Supervisors None No. 63 ON MOTION of Supervisor Golding, seconded by supervisor Williams, the Board of Supervisors amends the Fiscal Year 1990*91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $250,000 from the Solid Waste Contingency Reserve and authorizes the Director of Purchasing and Contracting to negotiate an Amendment to Contract No. 41056-E with the68 Herzog Contracting Corporation for the application of foam as cover material at the San Marcos Landfill. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: supervisors None ABSENT: Supervisors None No. 64 ON MOTION of Supervisor Golding, seconded by Supervisor Williams, the Board of Supervisors directs the Director of General Services to terminate the lease with Coast Waste Management at the Nos. 61-71 4/9/91 dc Page 13 of 18 Palomar Transfer Station; and, amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund spending Plan to: A. Authorize the expenditure of $500,000 from the Solid Waste Contingency Reserve to authorize the Department of Public WorXs to proceed with environmental review, design, permit, construction plans and specifications to expand the facility at the Palomar, Vista and San Marcos Transfer Stations; and 8. Direct and authorize the Director of Purchasing and Contracting, to negotiate a Contract utilizing Board Policy F- 40, Procuring Architectural, Engineering and Related Professional Services, to procure a consultant for the design, environmental review and permitting of the Palomar, Vista, and San Marcos transfer stations; and, authorize the Director of Purchasing and Contracting to award a Contract upon the completion of successful negotiations not to exceed $500,000; and With regard to the proposed vista Transfer Station: A. Finds in accordance with Section 15096 of the 'California Environmental Quality Act Guidelines that the County has considered the Environmental Impact Report certified by the City of Vista (E85-46) that addresses the impacts of industrial uses within the North county Industrial park. This finding is for the acquisition of two parcels of land in B and C below* Directs the Clerk of the Board of supervisors to file a Notice of Determination for this action. B. Amends the Fiscal Year 1990-91 Solid Waste Enterprise Fund to authorize the expenditure from the Facilities Reserve of $5,700,000 to have the Director of General Services to immediately acquire parcel numbers 219-531-32 and 219-532-19 for the purpose of the development of a solid waste recycling/transfer station in the North County Industrial Park to be owned and operated by the County of San Diego. C. Directs staff to proceed with necessary steps to purchase the property and request the San Diego capital Asset Leasing Corporation to initiate the financing for the purchase of the property and return to your Board for approval. Upon receipt of funds from this action, direct the Auditor and Controller to reimburse the Facilities Reserve; with the caveat that it be without prejudice on the ability of the Board to make a policy decision in the future to use private enterprise to operate transfer stations if it wishes to do so. Nos. 61 - 71 4/9/91 dc Page 14 of 18 Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: Supervisors None ABSENT: Supervisors None NO. 6S / ON MOTION of Supervisor Bailey, seconded by Supervisor Williams, the Board of Supervisors amends the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $1,000,000 from the Contingency Reserve and directs the Chief Administrative Officer to seek modifications to the San Marcos Landfill Permit to provide the means to transfer up to 2,000 tons per day from that facility to other solid waste facilities throughout the County, with the understanding that this is for the creation of a transfer station at the San Marcos Landfill. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MaoDonald NOES: Supervisors None ABSENT: Supervisors None No. 66 ON MOTION of supervisor Bailey, seconded by Supervisor Golding, the Board of Supervisors amends the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to authorize the expenditure of $750,000 from the Solid Waste Enterprise Fund Facilities Reserve Fund for actions taken in Board Order No. 67 below Roll call on the foregoing motion results in the following vote: AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: supervisors None ABSENT: Supervisors None Nos. 61 - 71 4/9/91 dc Page 15 of 18 No. 67 ON MOTION of Supervisor Golding, seconded by supervisor Williams, the Board of Supervisors in accordance with Board Policy A-87, Competitive Procurement, approves and authorizes the Director of Purchasing and Contracting to negotiate and execute Amendments of up to $500,000 to Contract No. 41115 with Michael Brandman Associates for design of a flare system to comply with Air Pollution control District requirements at the San Marcos Landfill and to complete the permittprocess; and in accordance with Board Policy A-87, Competitive Procurement, approves and authorizes the Director of Purchasing and Contracting to negotiate and execute Amendments of up to $250,000 to Contract No. 41302-E with the IT Corporation to provide additional services relative to permit acquisition and additional required monitoring at the San Marcos Landfill; and amends the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to: 1. Authorize the expenditure of $25,000 to provide technical assistance in obtaining the Regional Water Quality Control Board permit application; and 2. Authorize the Director of Purchasing and contracting to begin Contract negotiation with NBS-Lowry, and subject to fair negotiations and determination of a fair and reasonable price, enter into a Contract to provide technical assistance in preparing the Regional Water Quality Control Board permit application. Roll call on the foregoing motion results in the following vote; AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: Supervisors None ABSENT: Supervisors None Mo. 68 ON MOTION of Supervisor Golding, seconded by Supervisor Williams, the Board of Supervisors amends the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to authorize the Director of Purchasing and Contracting to begin Contract negotiations with a firm from the County's list of approved consultants in accordance with Board Policy A-87, Competitive Procurement; and report back on May 21, 1991, time certain, with an action plan on the County staffing and equipment needed to implement the actions for this NOS. 61 - 71 4/9/91 dc page 16 of 18 date's Board Order Nos 61, 62, Item B of Board Order No. 64 relating to Vista Transfer station, and Board Order No. 65. vote: Roll call on the foregoing motion results in the following AYES: supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: supervisors None ABSENT: Supervisors None Mo. 69 ON MOTION of Supervisor Bilbray, seconded by Supervisor Bailey, the Board of supervisors opposes the following recommendations of the Chief Administrative Officer at this time: (15) (1) authorize the expenditure of $1,000,000 from the Contingency Reserve to secure permit modifications (if necessary) at the Otay, Sycamore and Ramona Facilities; (17) find that the construction of additional scales and fee booths at the sycamore Landfill is in accordance with Section 15096 of the California Environmental Quality Act Guidelines and that the County has considered the Environmental impact Report SCH 84040407 as certified on June 28, 1989 by the California Department of Transportation, and July 28, 1989 by th" F*d a e n r^ n ^filSJAdministration; and (18) Amend the Fiscal Year 1990-91 Solid Waste Enterprise Fund Spending Plan to: 1) authorize the expenditure of $600,000 from the Contingency Reserve for the construction of additional fee booths and temporary scales and computers at the Sycamore, and Otay Landfills; and 2) authorize the improvements necessary for construction of fee booths(2) and temporary scales(2) at the sycamore Landfill, and the improvements necessary for the construction of 1 fee booth and temporary scale at the Otay Landfill, and 3 upgraded computer systems. vote: Roll call on the foregoing motion results in the following AYES: Supervisors Bilbray, Bailey, Golding, and Williams NOES: Supervisor MacDonald ABSENT: Supervisors None Nos. 61 - 71 4/9/91 dc Page 17 of 18 Po«-ir Fax Note 7671 No. 7Q There being no motion and no objection, the Chairman of the Board of Supervisors notes and files the status report, on solid waste issues. NO. 71 ON MOTION of supervisor Bailey, seconded by Supervisor Golding, the Board of Supervisors sets a hearing date for Hay 7, 1991, 9:00 a.m. instead of April 23, 1991, to approve the purchase of parcels Nos. 90-0330-A-D and 90-0149-A--C relating to TE3660 - San Marcos Landfill, Real Property Contracts and has the Clerk of the Board publish Notice of Intention to purchase in accordance with Government Code Sections 25340 and 6063 prior to the hearing date. vote: Roll call on the foregoing motion results in the following AYES: Supervisors Bilbray, Bailey, Golding, Williams, and MacDonald NOES: Supervisors None ABSENT: Supervisors None STATE OF CALIFORNIA) County of San Diego) i I, THOMAS J. 'PASTUSZKA', Clerk of the Board of supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original order adopted by said Board at a regular meeting thereof held April 9, 1991 (61 - 71), by the vote herein stated, which original order is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of supervisors, this 15th day of May, 1991. THOMAS J. PASTUSZKA Clerk of the Board of Supervisors By ifQT?-.- Patricia M. Fras«r>-Deputy 8 M.O, # 71 pulled to 5-21-91 # 108 I i NUEIA 92•o^iit • 5 j igRo * jr 5 ° 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Z ~UI Zi£3g 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNA- TIONS FOR ONE AREA OF THE CITY'S GENERAL PLAN. GPA/LU 83-11 COUNTY OF SAN DIEGO WHEREAS, the Planning Commission did on October 12, 1983 hold a duly noticed public hearing as prescribed by law to consider an amendment to the Land Use Element of the General Plan GPA/LU 83-11; and WHEREAS, the Land Use Planning Manager and the Planning Commission have determined that the environmental impacts of this project have already been considered in conjunction with another project and previously certified environmental documents and therefore,, issued a Notice of Prior Compliance on September 13, 1983. WHEREAS, THE City Council did on November 15 and 22, 1983 hold duly advertised public hearings to consider said amendments and at said time received the recommendations, objections, protests and comments of all interested persons desiring to be heard; and WHEREAS, the City Council, after considering the proposed change to the Land Use Element of the General Plan, directed the City Attorney to return with appropriate documents to allow the City Council to vote on the change individually as a part of one single amendment to the Land Use Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. I I S.B£2 t>di 8 g 10 11 la 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That this resolution and Resolutions No. 7418 7420 i and 7421 constitute a single amendment to the Land Use Element of the General Plan. 3". That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 2191 (GPA/LU 83-11) constitute the findings of the City Council. 4. That the Land Use Element of the General Plan is amended as follows: A. GPA/LU 83-11; Change the land use designation from OS Open Space to PI Planned Industrial, R-L Residential Low Density and Open Space on 205 acres of land generally located east of El Camino Real and north of Palomar Airport Road, as shown on the map marked Exhibit X dated October 12, 1983, attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of December , 1983 by the following vote; to wit: AYES: Council Members Casler, Lewis and Prescott NOES: Council Members Kulchin and Chick ABSENT: None MARY H. jCASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Olerk 1 ,'0 COLMTY OF SAN DUGO CARLSBAD OAKS CITY SAFETY ft SERVICE CENTER (NOT A PART) JES PALOMAR TRANSFER EXHIBIT X OCTOBER 12, 1983 CITY )F CARLSBAD — AGENDA ILL AB#. MTG. 11/1P/83... PFPT PLN UIL£ GENERAL PLAN AMENDMENT ID REDESIGNATE AREA EAST OF EL CAMINO REAL AND NORTH OF PALOMAR AIRPORT ROAD TO PLANNED INDUSTRIAL & RES- IDENTIAL. GPA/LU 83-1 1 - COUNTY OF SAN DIEGO, DEPT. CITY ATTY CITY MQR. RECOMMENDED ACTION: The Planning Commission and the staff are recommending that the City Council direct the City Attorney's Office to prepare documents APPROVING GPA/LU 83-11. ITEM EXPLANATION The County of San Diego is requesting an amendment to the Land Use Element of the General Plan. The proposed amendment would redesignate approximately 205 acres from open space (OS), to a combination of open space (OS), planned industrial (PI) and low density residential (PL), on property located east and southeast of the proposed public safety center (location map attached). The PI area is consistent with the surrounding properties to the east, west and south. The RL area is located at the north end of the property and is consistent with the previously approved Mandana property. The major issue regarding the county's request involves the protection of the riparian (stream) habitat which runs through the property. Staff feels that county has left sufficient OS area to ensure protection of this significant habitat (please see Exhibit X for proposed land use boundaries). A specific plan will be required for this property before development as it is located in the airport influence area of the general plan. For further information please see the attached Planning Commission staff report. ENVIRONMENTAL REVIEW The environmental impact report for the public safety center also covered the subject property. The Council certified that EIR on December 21, 1982. The Land Use Planning Manager issued a Notice of Prior Compliance on September 13, 1983. FISCAL IMPACT There will be no direct fiscal impact from the proposed project. Approval may eventually save the City improvement costs on Faraday Avenue east of the safety center. EXHIBITS 1, 2. 3, 4, Location Map PC Resolution No. 2191 Exhibit X PC Staff Report w/attachments 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 PLANNING COMMISSION RESOLUTION NO. 2191 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM OPEN SPACE TO PLANNED INDUSTRIAL, RESIDENTIAL LOW DENSITY AND OPEN SPACE FOR 205 ACRES OF PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST OF EL CAMINO REAL. APPLICANT: COUNTY OF SAN DIEGO CASE NO.; GPA/LU 83-11 WHEREAS, a verified application for an amendment to the General Plan designation for certain property located, as shown on Sxhibit "X", dated October 12, 1983, attahced and incorporated lerein, have been filed with the Planning Commission; and WHEREAS, said verified applications constitute a request for amendment as provided in Title 21 of theCarlsbad Municipal Code and WHEREAS, the Planning Commission did, on the 12th day of Dctober, 1983, hold a duly noticed public hearing as prescribed by Law to consider said request; 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 General Plan Amendment. i ! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I Commission of the City of Carlsbad, as follows: \) That the above recitations are true and correct. 3) That in view of the findings made and considering the applicable law, the decision of the Planning Commission is to recommend APPROVAL of GPA/LU 83-11, as shown on Exhibit "X", dated October 12, 1983. 26 jiFindings; The project site is physically suitable to accomodate development permitted by -the proposed land use designations, 28 J! as discussed in the staff report. 27 |; M 7 12 13 2) Uses allowed by the proposed land use designations would be compatible with surrounding land uses, as discussed in the | staff report. " 3) That all significant environmental impacts have been mitigated, the project has been changed so as to mitigate 4 these impacts, or social or economic factors exist which override these significant impacts as described below: 5 A) Hydrology 6 Impact: Development will result in increased storm water B) Archaeological Resources16 flows. Impact: Grading activities could accelerate soil erosion. 9 Impact: Increased sediment loads can lead to clogging of 10 waterways, increased flooding problems, adverse aesthetic conditions and damage to habitat. Mitigation: The project area has been redefined to stay out of natural watercourses to minimize these impacts. The specific plan can require that grading only be permitted during the dry season, and that permanent landscape plantings are to be planted promptly after grading is completed. 17 18 20 21 22 23 24 25 I!261!//// Impact: Project implementation will disrupt four archaeological sites at their present locations on site. Mitigation: A qualified archaeologist will determine the significance of the archaeological deposits identified on the property through a test program designed to investigate the site's extent depth and contents. Recommended testing will be required in the specific plan by a qualified archaeologist. 271;//// I:' 28 !PC RESO NO. 2191 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 C) Land Use Impact: The proposed project without adequate shielding measures could render the UCSD radio-telescope, located on the Dawson-Los Monos Canyon Reserve, unusable. Mitigation: It is inevitable that development will gradually encroach closer and closer to this use, eventually causing its relocation. A specific plan is required for this subject property and mitigation measures, such as placing electrical distribution lines underground and installing electrical shielding devices could be provided as part of the specific plan. Impact: The project area could be subject to the hazard of emergency aircraft landings. Mitigation: The County of San Diego has clear zone property located just to the south of the subject property which could be utilized for emergency landings. D) Landform/Topography Impact: The proposed project and subsequent grading operations will result in permanent alterations to the existing natural terrain. Mitigation: In accordance with mitigation recommend in the EIR, the specific plan will require grading controls to minimize impacts including creative building siting, following natural topography in developing pad areas and contour grading to blend in with hillsides. All grading activities will be carried out to the standards and regulations of the City's grading ordinance. PC RESO NO. 2191 7 18 20 21 22 23 24 25 26 27 28 settlemel^ 1 2 soft compressible soils in fill areas could occur. 3 Mitigation: All grading and site preparation E) Geology and Soils Impact: As a result of grading operations, 4 5M consultant. 6 Impact: Removal of vegatation during grading activities activities will be conducted in accordance with the City of Carlsbad grading regulations and tt site specific recommendations of a geotechnica] will expose underlying soils to increased potential for erosion by wind and water. Mitigation: To minimize the short term impact 9 of increased erosion potential, all grading areas not suited for construction should be 10 planted with rapidly developing vegetation as soon after construction as practical, as 11 required by the City Grading Ordinance. 12 Impact: Groundshaking could occur from seismic activity along one of the active fault zones in the region. Mitigation: All structures will be designed ir accordance with the seismic standards of thj California Building Code. 15 F) Biological Resources 16 Impact: Development of the project site could degrade existing riparian habitat Mitigation: Land use designations were delineated to protect riparian habitat in Open Space. The specific plan and the City of Carlsbad grading regulations are anticipated tc provide adequate erosion controls to limit degradation by siltation. G) Circulation Impact: The project will generate 6,800 trips per day c nearby roadways. Mitigation: Impacts are considered minimal. Roadway improvements, accompanying development, should mitigate increased traffic volumes. PC RESO NO. 2191 1 2 3M local air quality. 4 5n construction impacts. 6 7 10 13 14 15 16 17 18 21 22 23 24 25 26 27 28 H) Air Resources Impact: Grading and construction activities represent < source of fugitive dust which, along with construction exhaust emissions, could have a short term impact on Mitigation: City grading regulations are anticipated to mitigate short term grading and Impact: Industrial uses could potentially subject the area to the accidental release of toxic or noxious emissions.8 Mitigation: City ordinances prohibit nuisance- type industrial uses. I) Acoustic Environment Impact: Construction activities will increase noise levels on a short term basis.12 Mitigation: The specific plan will require the construction be limited to daytime hours only. J) Public Utilities and Community Services Impact: Demand will be increased. Mitigation: The propsed project will incorporate all recommendations and requirement of the City of Carlsbad Water Department and the Costa Real Municipal Water District when specific site designs are evaluated. !| Mitigation: Development of the project will be •\ coordinated with construction of additional j sewage treatment capacity. Mitigation: To help mitigate potential fire hazards, all development will conform with appropriate building and fire code specifications, including the following: a) Installation of sprinkler systems in al industrial buildings. b) Adequate street widths to insure fire fighting vehicle access. c) Use of fire retardant building materials. d) Buffer areas of fire retardant vegetation. e) Adequate water pressure for fire fighting purposes. PC RESO NO. 2191 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 K) Aesthetics Impact: The visual character of the site will be c from semi-rural to urban. Mitigation: The specific plan can require that the building materials and architectural design will be compatible with the overall design them< in the Palomar Airport area. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Calfornia, held on th< 12th day of October, 1983, by the following vote, to wit: -airman Schlehuber, Commissioners Rombotis, rcus, Lyttleton and Rawlins. Commissioner Farrow. AYES: NOES: ABSENT: Commissioners Farrow. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairma CARLSBAD PLANNING COMMISSION ATTEST: LAND USE PLANNING MANAGER PC RESO NO. 2191 6. CC JNTY OF SAN C.^GO CITY SAFETY A SERVICE CENTER/ (NOT A PART) J& PALOMAR TRANSFER STATION EXHIBIT X OCTOBER 12, 1983 APPLIC "ION SUBMITTAL DATE JULY 2 1983 STAFF REPORT /"^CDDATE: October 12, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: GPA/LU 83-11 COUNTY OF SAN DIEGO - Request to amend the Land Use Element of the General Plan to designate land as Planned Industrial, Residential Low Density and Open Space north of Palomar Airport Road and east of El Camino Real. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2191, recommending APPROVAL of GPA/LU 83-11, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant, is requesting approval of an amendment to the Land Use Element of the General Plan to designate approximately 205 acres Planned Industrial (PI), Residential Low Density (RL, 0- 1.5 du/ac) and Open Space (OS), located as described above. The irregularly shaped parcel surrounds the City's, proposed Safety and Service Center to the north, east and south. The project site is comprised of slopes, valleys and related riparian areas of much of the Agua Hedionda Creek watershed. The subject property is vacant and covered by natural vegetation. The site is characterized by eroding hillsides and well-defined drainages. Elevations on-site range from 100 to 400 feet above sea level. The project site is currently designated Open Space (OS) by the Land Use Element of the General Plan. Adjoining the site, to the east, is the undeveloped Carlsbad Oaks industrial park, designated PI and OS. The airport "clear zone" lies to the south. The Mandana Company's Carlsbad Ridge project, designated RL, borders to the northwest. The Dawson-Los Monos Reserve exists to the northeast. Surrounding land uses to the west include the Palomar Transfer Station, Palomar Tech Centre, Beckman Instruments and the proposed City Safety and Service Center. All are designated PI and topographically distinguished from the site on elevated plateaus. The project site is proposed to be primarily served by the westward extension of Faraday Avenue, a secondary arterial. Faraday Avenue would also provide access to the City Safety and Service Center and the Carlsbad Oaks property, eventually joining Melrose Drive. Secondary access, to the southern portion of the property, would be acquired through an extension of the roadway which formerly served the Palomar Transfer Station. A request to designate the subject property Planned Industrial was previously considered in November 1982, in conjunction with a similar request by the City of Carlsbad to accomodate the proposed Safety and Service Center. The City property, being a level mesa top with access readily available, was designated for Planned Industrial development. The request to amend the designation for the balance of the property was denied without prejudice pending the establishment of a new alignment for Faraday Avenue (Los Monos Road). An Environmental Impact Report, addressing both the City of Carlsbad and County properties, was prepared and certified at the time off the previous consideration. With respect to eventual industrial development of the current project site, the Environmental Impact Report identified potential significant impacts to landforms and topography, hydrology, archaeology and biological resources. III. ANALYSIS Planning Issues 1) What are the most appropriate land use designations for the suubject property? 2} Have all environmental impacts, associated with the proposed amendments, been adequately mitigated? Discussion Staff believes that a combination of Planned Industrial (PI), Open Space (OS) and Residential Low Density (RL) are the most appropriate land use designations for the subject property. As shown on attached Exhibit "X", the majority of the site would be designated Planned Industrial. Riparian woodland areas would be protected in Open Space. A smaller area at the northwest of the project site would be reserved for Residential Low Density, 0-1.5 du's/ac. The portion of the project proposed to be designated Planned Industrial is bordered to the east and west by similarly designated property. Future land uses, therefore, are anticipated to be compatible. This area is divided into two areas, north and south of the planned extension of Faraday Avenue. The two areas, approximately and acres, are adequate in size to accomodate development permitted in Planned Industrial areas. -2- The proposed PI area, north of the roadway, has been delineated to avoid the sensitive riparian areas. The area shown for Planned Industrial would represent the limits of grading of eventual development. Surrounding riparian areas to the west, north and east would be designated Open Space. The property south of Faraday Avenue and north of the "clear zone" would also be designated Planned Industrial. Open Space areas have not been specified in this area although some may occur when further grading studies are developed. The terrain in this area contains varying elevations, hills and valleys. Through the specific plan process staff intends to work with the applicant to minimize necessary grading and alterations of the natural topography. A smaller area of land, at the northwestern portion of the subject property, would be designated for Residential Low Density (RL) development. This portion of the project, approximately eight acres, is suitable in size to accomodate a limited number of dwelling units. This portion of the project relates most closely to the Mandana Carlsbad Ridge property. During development of that tentative map, the provision for possible future access to the subject property was provided. Staff believes that the site topographically identifies with adjoining residential property, that future land uses would be compatible and adequate buffering from industrial property to the south would be accomplished by large slopes and riparian areas proposed for open space. Staff believes that all environmental impacts, associated with the proposed amendments, have been mitigated, or future mitigation can be provided. The project is within the Airport Influence Area requiring preparation of a specific plan prior to zoning or development. Staff believes that all environmental impacts of development that are not mitigated at this time, can be mitigated through the specific plan process. The EIR identified potential significant impacts to biology and hydrology as a result of designating the 205 acres for Planned Industrial development. Staff believes these impacts can be mitigated by designating major riparian areas for Open Space. As discussed in the EIR, the most significant biological resource on the project site are the areas of riparian habitat. Thses areas are all the more significant due to their interconnection with the Dawson-Los Monos Reserve and the Carlsbad Oaks area habitat. Designation of these areas as OS would provide continuous corridors of open space linking the Reserve, the Carlsbad Oaks property and the Agua Hedionda Creek area. Staff believes that preservation of the riparian areas, indicated on Exhibit "X", in Open Space would adequately mitigate potential impacts to hydrology and biological resources, at this level. -3- Staff further believes that the specific plan process can be utilized to mitigate future impacts to land forms and topography, hydrology, archaeology and biology. Grading controls, in the specific plan can be used to mitigate impacts to topography, hydrology and biology. Staff will work with the applicant at the specific plan level to minimize grading and related impacts through creative site design. Mitigation of archaeological resources would be required by the specific plan prior to any development or grading. Further protection against impacts to biology and hydrology would also be provided for in the specific plan. Staff believes that the proposed land use designations, as shown on Exhibit "X", are the most appropriate for the project site and that by utilizing the specific plan process all significant environmental impacts of development associated with these designations can be adequately mitigated. IV. ENVIRONMENTAL REVIEW . The Land Use Planning Manager had determined that the environmental impacts of this project have already been considered in conjunction with another project and previously certified environmental documents and therefore, issued a Notice of Prior Compliance on September 13, 1983. ATTACHMENTS 1) Planning Commission Resolution No. 2191 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibit "X", dated October 12, 1983 CDN:bw 9/28/83 I DCATION MAP SITE CARLSBAD OAKS INDUSTRIAL PARK CARLSBAD PACIFIC INDUSTRIAL PARK COUNTY OF SAN DIEGO GPA/LU83-11 BACKGROUND DATA SHEET CASE NO: GPA/LU 83-11 APPLICANT: County of San Diego REQUEST AND LOCATION: Amendment to the Land Use Element of the General Plan to designate 205 acres as Planned Industrial, Residential Low Density and Open Space north of Palomar Airport Road, East of El Camino Real. LEGAL DESCRIPTION: A portion of Lots A and B of Rancho Agua Hedionda, according to Map thereof No. 823 filed in the Office of the County Recorder, November 16f 1896 ' APN: 209-050-25 Acres 205 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation OS Proposed Land Use Design PIf RLf OS Density Allowed Density Proposed 0-1.5 (RL) Existing Zone OS Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site OS Vacant North RE Vacant South OS Vacant/Agriculture East PC/PM Vacant/Agriculture West M-Q Vacant/Industrial PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A Public Facilities Fee Agreement, dated N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Prior Compliance, dated September 13, 1983 -vhat further infornati-n required, you will be so -"iv" -ed_ APPLICANT: AGENT: County of San Diego Name -{individual, partnership, joint venture, corporation, syndication) 5555 Overland Ave., San Diego, .CA 92123 Business Address 565-5162 Telephone Number A. C. Waldman Name 1960 Joe Crosson Dr.., El Cajon, CA 92020 Business Address MEMBERS: Telephone Number Name '(individual, partner, joint venture, corporation, syndication)Home Address Business Address Telephone Nuaber Telephone lumber 'lane Borne Address Business Address Telephone Nuaber Telephone Suaber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- elosuro » true and correct and that it will remain true and correct and nay be- relied upon as bsing true and correct until amended. County of San Diego Dept. of Public Works K • J *j aA. C. Waldman BY Deputy Director PnM-io DEVELOPMENTAL I^s^-S^Bl 12°0 ELM AVENUE SERVICES El ^vj£?\ 9 CARLSBAD, CALIFORNIA 92008-198S LAND USE PLANNING OFFICE l^^W^^ (619) 438-5591 Cttp of Carlsbad PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Land Use Planning Office has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: McClellan-Palomar Industrial Park. Project Location: North of Palomar Airport Road, east of El Camino ~ Real. Project Description: Request to amend the Land Use Element of the General Plan to designate 205 acres of property PI, (Planned Industrial), OS, (Open Space) and RL, (Residential Low Density, 0-1.5 du's/ac). Justification for this determination is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of publication. Dated: September 13, 1983 MICHAEL J. HDHZMIHHBR Case No: GPA/LU 83-11 Land Use Planning Manager Applicant: Waldman Publish Date: September 2 4 , 1983 PC 1 COUNTY OF SAN DltGO CARLSBAD OAKS CITY SAFETY * Ix*: SERVICE (NOT A STATIOM .smmmmmmm EXHIBIT OCTOBER 12, 1983 PAUL A. PETERSONJOHN O.THCLANROBERT M. CANSGREGORY c. M. GARRATT COWARD F. WHITTLE* LYNNC L. ME1OCL CHARLES W. mOCHLICH, JR.or COUNSCL PETE RSON, THE LAN 8 PRICE A PROFESSIONAL CORPORATION LAWYERS 03OO CALIFORNIA FIRST BANK BUILDING S3O B ST1UET SAN DIECO, CALIFORNIA 92IOI-4454 November 22, 1983 TELEPHONE AREA COOE 619 234-0361 F:LE NO. 2095.03 Mayor Mary Casler and Members of the Carlsbad City Council 1200 Elm Avenue Carlsbad, CA 92008 Re: GPA for County-Owned Property (GPA/LU 83-11) Dear Mayor Casler and Members of the Council: We are assisting the County of San Diego and its consultant, Municipal Engineers, Inc., in processing an amendment to the Carlsbad General Plan to facilitate a planned industrial development within a portion of th«> County's 205-acre property located north of Palomar Airport Road and east of El Camino Real. Approximately 65 acres would receive a new designation of "Planned Industrial" and approximately 3 acres would receive the "Low Density Residential" designation on the City General Plan. WE SUPPORT THE PLANNING COMMISSION AND PLANNING DEPARTMENT RECOMMENDATIONS THAT GPA/LU 83-11 BE APPROVED Both the Planning Commission .(by a 5 - 1 vote) and the Planning Department have recommended approval of the General ..^ Plan Amendment, which would provide the following benefits: •>**?-•• Mayor Casler and Members of the Council November 22, 1983 Page Two 1. Dedication and construction of a significant portion of. Faraday. Road, a circulation element road on the City's General Plan; 2. A high quality, phased development, pursuant to a Specific Plan to be applied for by the County (pursuant to » •. . Board of Supervisors Policy F-20) and approved by the City; 3. Ultimate development by private enterprise of individual industrial sites under leases with the County, and pursuant to the Specific Plan approved by the City and individual Planned Industrial Permits as required by the City's P-M zone; 4. Additional funds to the City from property taxes, sales taxes, business licenses, gas taxes, etc.; 5. Additional local jobs, consisting of temporary construction employment and permanent employment after construction is completed; 6. Preservation of significant open space corridors in the Los Monos Canyon area; Mayor easier and Members of the Council November 22, 1983 Page Three 7. Long-term agricultural use of the clear zone area located at the south end of the property; and S 8. Access by the Beckman "South Campus" property to the existing County-owned private road which runs along the western edge of the County property. It should be noted that the County's application for this Qeneral Plan Amendment is pursuant to a provision in the Purchase and Sale Agreement between the County and the City, whereby the City acquired the 26-acre sit«> proposed for the City Operations Center. The additional 65 acres (gross) which would be designated "Planned Industrial" are within the Palomar Airport Road industrial corridor and represent an increase of approximately 3% in the total industrial acreage along that corridor. »••''.." We respectfully request that the City Council approve the General Plan Amendment. Very truly yours , PETERSON, THELAN & PRICE A Professional Corporation GCG:slr cc: County of San Diego Municipal Engineers, Inc. Gregory C. M. Garratt 390 OAK AVENUE. SUITE "0" P.O. BOX "B" CARLSBAD. CA 92008 Telephone (714) 729-9242 Nov. ?2, 1983 City Council 1200 Elffi Avenue Carlsbad, Ca. 92-08 Re: GPA/LU 83-11 County of San Diego •Honorable Members: First of all, we appreciate the postponement of this item to give U3 time to analyze the issues. I am Chairman of the Growth Management Committee of the Carlsbad Chamber, and at our regular monthly meeting on Monday, Nov. 21, 1983, the committee voted to oppose this rezoning on the basis of our philosophy that no government entity should compete with the private sector, and at the present time, there is sufficient vacant industrial ground available in Carlsbad so that the change in the general plan is not necessary. Mr. Gregory C, M. Garratt, attorney at law, and Mr. Charles R. Crull, Reg. Civil Engineer of Municipal Engineers, Inc., were at our meeting and gave their presentation and answered •our questions. Problems connected with this rezone are as follows: 1. All funds generated from this project should ba used for improvement of the streets, etc., in and about the airport area as well as the airport itself. 2. The County of San Diego should not receive any economic advantages which are required of the private sector. For example, the County should also be required to participate in the public facility fees program. 3. The County should be required to put Melrose back into the circu- lation element for that portion south of the city limits to the proposed Hwy. 680. 4. Any development which would be considered by the County on tliis industrial land should be required to be as compatible if not better than other industrial projects in the area such as the Koll project, Birtcher Pacific, etc. 5. We assume all revenue from taxes would be lost to the City for the land and improvements if the land remained in the ownership of the County. 6. vie feel that the transfer facility should be maintained until a suitable offer is presented to the County. 7. No approval should be given for this project un^ll such time as the Board of Supervisors approves all conditions. Again, I would like to thank you for continuing this matter and appreciate . your courtesy in receiving our testimony.•-^oura U£*I-LJ , ^ C FARADAY BUSINESS PARK specific • plan Carlsbad, California FARADAY BUSINESS PARK specific • plan Carlsbad. California Prepared for: County of San Diego 52011 Ruffin Road San Diego, CA 92123 Prepared by: Lightfoot and Associates 702 4th Street Oceanside, CA 92054 October, 1984 FARADAY BUSINESS PARK Table of Contents CHAPTER 1 - INTRODUCTION PAGE 1.1 Purpose and Authority 1 1.2 Property Description and Location 1 1.3 General Plan and Zoning Designation 3 1.3.1 Land Use Element 3 1.3.2 Circulation Element 6 1.4 Zoning 8 CHAPTER 2 - SPECIFIC PLAN 2.1 Land Uses 11 2.1.1 Open Space - Area "A" 13 2.1.2 Open Space - Area "B" 13 2.1.3 Planned Industrial Uses 11 2.1.4 Palomar Solid Waste Transfer Station 14 2.1.5 Low Density Residential 15 2.2 Circulation 15 2.3 Transportation 15 2.3.1 Employee Transporatlon Plans 15 2.3.2 Modified Parking Plan 17 2.4 Development Phasing 17 2.4.1 Phasing Units 17 2.4.2 Circulation Phasing 19 2.5 Planned Industrial Permit 21 2.6 Public Facilities Fee Agreement 22 CHAPTER 3 - DEVELOPMENT STANDARDS 3.1 Building Height 23 3.2 Setbacks 23 3.3 Site Coverage 24 3.4 Parking and Loading Areas 24 3.5 Manufacturing Operation 25 3.6 Outdoor Storage 25 3.7 Mechanical Equipment 25 3.8 Refuse Collection Areas 26 3.9 Grading 26 3.10 Landscaping 27 3.10.1 Faraday Road Landscaping 27 3.10.2 Business Park Landscaping 27 3.10.3 Transitional Slope Landscaping 28 3.10.4 Natural Slopes and Riparian Habitat 29 3.11 Underground Utilities 31 3.12 Signs 31 3.12.1 Project Entry Sign 31 3.12.2 Monument Sign 31 3.12.3 Wall Sign 31 3.12.4 Directory Sign 32 3.13 Lease Terms 32 CHAPTER 4 • PERFORMANCE STANDARDS 4.1 Noise 33 4.2 Odor 33 4.3 Vibration 33 4.4 Humidity, Heat and Glare 34 4.5 Partlculate Matter and Air Contaminants 34 4.6 Radio Frequencies 34 4.7 Industrial Waste Discharge 34 CHAPTER 5 - MITIGATION MEASURES 5.1 Landform and Topography 35 5.2 Geology and Soils 35 5.3 Hydrology 36 5.4 Archaeological Resources 36 5.5 Biological Resources 37 5.6 Circulation 37 5.7 Air Resources 38 5.8 Acoustics 38 5.9 Public Utilities and Community Services 39 5.10 Aesthetics 39 5.11 Energy and Resources Conservation 40 CHAPTER 6 - CONDITIONS OF APPROVAL 41 Appendix A - Landscaping Plant List A-1 B - PM Planned Industrial Zone B-1 List of Maps and Exhibits MAP 1 LOCATION 2 2 VICINITY AND EXISTING LAND USE 4 3 TOPOGRAPHY 5 4 GENERAL PLAN 7 5 CIRCULATION ELEMENT 9 6 ZONING 10 7 SPECIFIC PLAN LAND USES 12 8 UNIT PLAN 18 EXHIBIT 1 LANDSCAPE CROSS-SECTION 30 CHAPTER 1 Introduction 1.1 Purpose and Authority The purpose of the Faraday Business Park Specific Plan is to provide for the design, development and operation of a high quality business park within the City of Carlsbad. The land use and development regulations contained in this Specific Plan are designed to provide a sensitive* Industrial development adjacent to the riparian habitat of the Agua Hedlonda Creek. As a tool to implement the General Plan, this Specific Plan will address the goals and objectives of the Land Use and Open Space Elements by providing additional regulations to ensure compatibility between the industrial and open space designations. In addition, the Circulation Element will be implemented with the extension of Faraday Road. This Specific Plan has been prepared pursuant to Section 65450 of the California Government Code authorizing the preparation of Specific Plans and the Special Treatment Area Guidelines of the City of Carlsbad Land Use Element requiring a Specific Plan for parcels in the Palomar Airport Influence Area. 1.2 Property Description and Location The Faraday Business Park is located on approximately 203 acres running north from approximately the north-eastern -1- •""^^^^^^•'^^^••M FaradayJBusinessRark Vista San Marcos Ranch Santa Fe Location map 1 -2- intersection of Palomar Airport Road and El Camlno Real. The future extension of Faraday Road east of El Casino Real will divide the property approximately in half. Maps One and Two indicate the site's regional location and immediate surroundings. The property is identified by San Diego County Assessor's Parcel Number 209-050-25. The site contains a mesa and northeasterly running valley that meets the Agua Bedionda Creek in the northern third of the property as indicated on Map 3, Topography. The Palomar Solid Waste Transfer Station Is located near the southwestern corner of the site and the City of Carlsbad Operations Center will be located adjacent to the west. The rest of the property is vacant and undeveloped. The southern 55 acres located Just northeast of the intersection of Palomar Airport Road and El Camino Real is contained within the Palomar Airport clear zone and is partially in agricultural use. 1.3 General Plan 1.3.1 Land Use Element The General Plan designation for the Faraday Business Park was recently amended in the winter of 1983* by City Council Resolution 7419 for Planning Commission Case GPA/LD 83-11, to provide for Planned Industrial and Open Space designations on 176 acres of the property. Eight acres were designated Low Density Residential on the very northwest corner of the property to match the land uses of the Mandana Company's -3- Faraday Business Park MANDANA RIDGE RANCH CARLSBAD OAKS Goidenjtear BECKMAN instruments PALOMAR AIRPORT no scale Vicinity and Existing Land Use map 2 Faraday Business Park r-eoo' Topography -5- map 3 Carlsbad Ridge project. The riparian area of approximately 59 acres in size nortb of Faraday Road and along the Agua Hedionda Creek was designated Open Space. The remaining 24- acre site north of Faraday Road and adjacent to the easterly property line was designated Planned Industrial. Sixty-one acres between Faraday and the airport clear zone were also designated Planned Industrial. While not part of the 1983 General Plan Amendment, the 55 acres south of the Planned Industrial, containing the airport clear zone, is shown as Government Facilities on the General Plan and is proposed for Open Space as part of this Specific Plan. Map 4 indicates the relationship between the subject property's General Plan Designations and those of the surrounding properties. 1.3*2 Circulation Element The Circulation Element indicates Palomar Airport Road and El Camino Real as Prime Arterlals with a 126-foot right-of-way. Faraday is shown as a Secondary Arterial running east-west through the property. Faraday Road will have an 84-foot right-of-way with 64-feet of pavement width and two travel lanes in each direotlon. It will connect El Camino Real ultimately with Melrose Drive in the City of Vista. This road will provide access to the Carlsbad Operations Center -6- Faraday Business Park PI OS 1"'800'General Plan Land Use Element map 4 and tbe Faraday Business Park. The alignment of Faraday follows the contours of tbe westerly hillside down to the business park access and then runs east to El Fuerte and Helrose Drive as shown on Map 5. 1.4 Zoning The zoning for tbe Agua Hedionda Creek and riparian habitat is Open Space as is tbe southerly 55 aore airport clear zone. Tbe industrial area north and south of Faraday Road is zoned P-M, Planned Industrial, which allows research and manufacturing uses along with office uses that are not consumer oriented. Map 6 indicates the zoning designations on the property and the P-M Zone Text is provided in Appendix B. Standards in addition to those found in the existing zoning are desirable in order to fully implement the goals and objectives of the Carlsbad General Plan on this particular piece of property. The property's topographic features require these additional development standards to fully protect the riparian habitat and to address the topographical features of tbe site. The Faraday Business Park Specific Plan also provides for flexibility in developing the industrial portion of the project. This flexibility will assist in attracting quality industrial users to the site. -8- ™ '— —^^^^^"••^•^^^^^^^^^^^^^^••^•I^^^^^M^^^M Faraday Business Park FREEWAY PRIME ARTERIAL MAJOR ARTERIAL SECONDARY ARTERIAL no scale Circulation Element map 5 -9- Faraday Business Park Zoning map 6 -10- CHAPTER 2 Specific Plan The Faraday Business Park Specific Plan provides development and performance standards for a planned industrial develop- ment containing a balanced mix of industrial, research and development, professional and business serving commercial uses. While the industrial uses are regulated by the Zoning Ordinance and this plan, additional protection is built into the plan's open space regulations to preserve the riparian habitat. Landscaping, signs, setbacks, building height, parking regulations and project phasing are all addressed within the context of the Specific Plan. 2.1 Land Uaea There are three basic land uses allowed in the Faraday Business Park: open space, industrial and a very small amount of low density residential. The open space is divided into two areas due to the special requirements of each area. The Industrial land uses are based on the Planned Industrial (PM) zone and are designated in two areas of the Plan. The low density residential area, on the north side of the Agua Hedlonda Creek, is a relatively small area allowing one acre lots. These three land uses are shown on Map 7* -11- Faraday Business Park 1"-800'Specific Plan Land Uses map 7 -12- 2.1.1 Open Space - Area A This 59-acre area la significant because the topography and water in the creek combine to fora a wide variety of native habitats. The Open Space designation in the Specific Plan is intended to preserve the oak woodland and riparian habitat of the creek bottom in a natural condition. In addition, the majority of the chaparral community will be preserved on the steep bluff on the westerly side of the site below the City Operation Center. The coastal sage scrub habitat north of the Agua Hedionda Creek will also be preserved. Develop- ment will not be permitted in these areas and they will remain in a natural condition. Faraday Road will fora the southerly boundary for this area and will have transitional slope banks planted in native species. 2.1.2 Open Space - Area B Open Space Area B covers the 55 acres on the south end of the subject property containing the Airport clear zone. Twenty acres of this area is currently under cultivation with agricultural crops. The Specific Plan permits this use to continue and provides for its expansion. As part of the grading for the industrial project, this area will be graded to provide fill. The top soil and subsoil will be stock- piled and then redistributed over the finish graded area so the agricultural / uses can be expanded. -13- Because of the land use restrictions of the airport clear zone, the only development that will occur in Open Space Area B is that associated with the on-going agricultural operation. 2.1.3 Planned Industrial Uses The Planned Industrial zone allows business and light industry primarily involved in research and/or testing, compatible light manufacturing, business and professional offices engaged in activities not catering to the general public and limited commercial uses that support the other uses permitted in the zone. All the uses in the PM Zone listed in Section 21.34.020 of the City of Carlsbad Municipal Code are allowed in the Faraday Business Park industrial area. Those uses requiring a conditional use permit under Section 21.34.030 are also allowed subject to the approval of a conditional use permit by the City of Carlsbad Planning Commission. (See Appendix B for P-M Zone Text.) 2.1.4 Palomar Solid Waste Transfer Station The existing facility at the Palomar Solid Waste Transfer Station may be used under the provisions of this Specific Plan or any Conditional Use Permit granted by the City of Carlsbad. At such time as the property owner determines the present facility has out-lived its economic lifespan, the property may be subdivided and/or improved under the industrial Land Use provisions of this plan. -14- 2.1.5 Low Density Residential The eight-acre Low Density Residential site located at the north end will allow three one-acre single family residential lots with access from a 48 foot residential street in the Mandana Corporation's Ridge Ranch development. 2.2 Circulation Although the project site is near the northeastern corner of Palomar Airport Road and El Camino Real, primary access to the business park will be provided by Faraday Road. Faraday Road is an east-west secondary arterial serving the industrial area north of Palomar Airport Road. Faraday will be extended in phases from the westerly property line to serve the industrial portions of the site (See Section 2.4). No industrial lots will take access from this street. Internal access to the industrial lots will be provided by industrial streets with 70-feet of right-of-way. The single loaded industrial street in Phase 3 may have a right-of-way of 64-feet, deleting the parking on the side of the street abutting the open space area. 2.3 Transportation 2.3*1 Employee Transportation Plans Since the Faraday Business Park tenants will generally have the same hours of operation, Employee Transportation Programs are encouraged to ease traffic flow in and out of the business park. -15- An Employee Transportation Program may include: a. Providing employees with information on public transit routes, ride sharing through "commuter-computer11, and bicycling. b. Providing bicycle racks and motorcycle parking areas and clean-up facilities for employees utilizing such vehicles. c. Allowing flexible work hours, where necessary, so that employees can participate in ride-sharing arrangements or use public transit services. d. Coordinating the use by employees of public transportation, ride-sharing, carpools, vanpools or other forms of transportation not involving the individual use of an automobile, and for owners/tenants with more than fifty (50) employees, designating an employee to coordinate and assist other employees. e. Assigning preferential parking spaces for use by employees who regularly commute to work with two or more persons.w f. Establishing assigned parking spaces for compact cars carrying two or more employees. g. Operating company buses or vans to transport employees to and from work. h. Assigning and utilizing tandem parking spaces for employees with fixed work and transportation hours. -16- 2.3.2 Modified Parking Plan Businesses that actively support an Employee Transportation Program may submit to the Land Use Planning Manager, a modified parking plan reducing the number of required parking spaces from the number required by this Specific Plan. In reviewing and approving the modified parking plan, the Land Use Planning Manager shall consider the extent of the program and the business's commitment to implementing the program. The approval of a modified parking plan is conditioned upon the continued use by employees of the Employee Transportation Program. 2.4 Development Phaainf The Faraday Business Park Specific Plan will be developed in phases. A phase may contain one or more units of the project. Each unit is dependent upon the completion of street and other public improvements required to service the development. A final subdivision map with improvement plans shall be prepared and submitted to the City for approval for each unit of the project. Map 8 shows the location of the Specific Plan units. 2.4.1 Phasing Units Unit One of the project will extend Faraday Road to Street A. Street A and a portion of Street B will serve the lots In this unit of the project. Unit Two contains the industrial area east of Unit One along Street B. -17- Faraday Business Park 1"«800' Units R-E Unit Plan map 8 Unit Three includes the subdivision of the Solid Waste Transfer Station area. Street C will be extended from Faraday Road across from the access to the City of Carlsbad Operation Center when this unit is subdivided. Access to the transfer station will remain off El Camino Real during its operation. Unit Four includes the business park area on the north side of Faraday Road, adjacent to and along Street D. Access and public services will either be extended across the creek from Faraday Road or be provided from the adjacent property to the east. This option will depend on the timing of development on both properties and successful negotiations with the adjacent property owner. Unit Five is the residential area on the north end of the Specific Plan. 2.4.2 Circulation Phasing UNIT ONE 1. Prior to the occupancy of Unit One, the developer shall fully improve Faraday Road from the westerly property line to the end of Unit One. Improvement of that portion of Faraday Road adjacent to the City Operation Center property will be shared between the City and the developer of Unit One. 2. Prior to the occupancy of Unit One, Street A and a portion of Street B shall be fully improved to industrial street standards to service the adjacent development in Unit One. -19- TWO Prior to occupancy of Unit Two, Street B shall be fully improved from its terminus in Unit One to connect with Faraday Road. Faraday Road will be improved to the intersection with Street B. PHIT THREE Prior to occupancy of any new building in the redevelopment of Unit Three, the developer shall fully improve Street C to industrial street standards. The adjacent property to the west shall share in the proportionate cost for their frontage on Street C. ONIT FOUR Prior to occupancy of Unit Four, the developer shall fully improve Faraday Road to the easterly property line. Direct access to Unit Four will be by either: 1. An industrial street off of Faraday Road crossing the open space area with an appropriate structure. The road section crossing the open space need only be 54 feet wide or narrower upon the approval of the City's Traffic Engineer. Street D nay be 62 feet wide with no parking abutting the open space area. 2. Alternative access to Unit Three may be provided by an industrial street from the adjacent industrial property to the east. Access rights will have to be obtained and improvements coordinated in the future. -20- flffTT FIVE Prior to occupancy of Unit Five, a 48-foot hillside street shall be fully improved and connected to the Mandana Corporation's Ridge Ranch project. The Land Use Planning Manager may approve non-sequential development provided public facilities have been completed to the satisfaction of the City Engineer. Public facilities include streets, water and sewer system, landscaping, drainage facilities, and electrical, gas, and telephone service. 2.5 Planned Industrial Permit A final subdivision map shall be processed for each unit of the Faraday Business Park. Upon recordation of the map, lots may be graded, access improved and utilities Installed as required. For each parcel in the subdivision, a Planned Industrial Permit application shall be filed in accordance with Section 21.34.050 of the Municipal Code governing Planned Industrial Permits. (See Appendix B.) Amendments to any approved Planned Industrial Permit shall be processed in accordance with Section 21.34.110 governing amendments to Planned Industrial Permits. Prior to the issuance of a building permit for any lot within that unit, a Final Planned Industrial Development Plan conforming to the approved permit shall be submitted and approved in accordance with Section 21.34.130 governing Final Planned Industrial Development Plans. -21- 2.6 PUBLIC FACILITIES ELEMENT A Public Facilities Free Agreement shall be entered Into by the property owner and the City of Carlsbad. The property owner may divide and improve lots and enter into leases with individual developers. The agreement shall provide for the public facilities fee to be paid by the individual developers seeking approal of a Planned Industrial Permit and building permits for an individual lot or lots within the Specific Plan area. The requirement for payment of the fee by the tenant shall be Included in the lease for each lot. However, if the property owner decides to build industrial or residential structures on any portion of the property in a proprietary capacity (as opposed to its governmental capacity), the owners shall pay the fees required by the agreement. Should all or any portion of the property be sold, the buyer shall be responsible for paying the fees required by the Public Facilities Fee Agreement. -22- CHAPTER 3 Development Standards The Inteot of these development standards in the Faraday Business Park is to insure a high quality development that is compatible with surrounding land uses. These standards are intended to provide for innovative design of buildings and the individual sites. While the development regulations encourage innovation and individuality in building design, the business ark will ae unified by a common landscaping theme along the public street frontages. 3. 1 Building Height All buildings in the Faraday Business Park shall normally be limited to 35 feet in height. Upon the approval by the Planning Commission of the Planned Industrial Permit, a building not exceeding 4 stories or 45 feet may be constructed. 3.2 Setbacks Front yard - All buildings shall be setback a minimum of 50 feet from Faraday Road. The setback from interior industrial streets shall be 25 feet. Setbacks shall be landscaped and irrigated and measured from the public right-of-way. Parking areas are allowed in front yards but shall maintain a 20 foot landscaped setback from the public right-of-way. Side Yard - All interior side yards shall have a minimum setback of 10 feet to the building which shall be entirely landscaped and irrigated. -23- Rear Yard - All buildings shall maintain a 20 foot setback from the rear lot line. This rear yard shall be landscaped and irrigated. The landscaped area may be reduced to 10 feet for parking and driveway areas if the building setback is increased. 3.3 Site Coverage All buildings, including accessory buildings, shall not cover more than 50} of the lot area. Open parking.spaces shall not be included as building area in determining lot coverage. 3.H Parking and Loading Areaa Off street parking shall be provided for each project at the following ratios: Manufacturing, Research and Assembly 1: 500 sq. ft. Office 1: 400 sq. ft. Warehouse 1:1500 sq. ft. Uses allowed by Conditional Use Permit will provide parking in the amount provided for in Section 21.44.130, regulating required parking spaces for all uses. Parking areas, Including driveways, shall have a minimum of 10f landscaping distributed through-out the parking area. Loading areas shall be screened from view from public streets by six foot fences or walls. Fences and walls will be designed as integral parts of the overall development design. The required number of parking spaces may be reduced if the business obtains approval of an Employee Transportation -24- Program emphasizing alternative modes of transportation, ride sharing or other means of reducing traffic generation. Op to 25 percent of the required number of parking spaces may be reduced in size to accommodate small cars. Small car spaces shall be designated and grouped together in the parking area. Small car spaces shall be 7 1/2' x 15'. 3.5 Manufacturing Operations All manufacturing, assembling, compounding, fabrication, packaging, processing and treating operations shall e conducted entirely within an enclosed building. 3.6 Outdoor Storage All outdoor storage shall be visually screened from view by a decorative wall or fence not less than 6 feet in height which Is architecturally compatible with the building. Equipment and material stored outdoors shall not be stacked higher than the screening fence. 3.7 Meehanioal Equipment Roof-mounted mechanical equipment including, but not limited to, air conditioners, ducts, piping, heating or ventilating equipment shall be screened from view from adjacent streets and from nearby properties, either by parapet walls or screening devices that are an integral part of the overall architectural design. -25- 3.8 Refuse Collection All outdoor refuse collection areas shall be completely * enclosed by a decorative block wall six feet in height with wood or metal gates, all of which shall be compatible and harmonious with the overall architectural theme of the project. Trash enclosures shall be screened from the public right-of-way by landscaping where possible. 3.9 Grading Due to the existing topography of the industrial site and the need for relatively large flat areas for industrial development, grading for the Faraday Business Park will be considerable in some areas. However, grading will be done in a sensitive manner to preserve to the greatest extent possible the natural landforms of the site. To accomplish this goal, roads will follow natural contours where feasible and manufactured slopes will be contoured back into the natural hillsides. All grading will be conducted in accordance with the grading ordinance of the City of Carlsbad. No manufactured slopes will have a steeper slope than 2:1. Where possible, varying slopes will be graded and contoured into the natural hillside. All slopes will be landscaped in accordance with the landscaping provisions of this Specific Plan. -26- 3.10 Landscaping Due to the location of manufactured slopes and the industrial sites in relation to the open space area, three typea of landscaping shall be provided: business park landscaping, the transitional slope landscaping, and natural slopes. 3.10.1 Faraday Road Landscaping The landscaping concept for Faraday Road is designed to conform with the City of Carlsbad's Landscape Manual. An objective has been identified and a theme established for the landscaping along Faraday Road. Since Faraday Road abutts one of the City's riparian habitats, an Oak Woodland Riparian theme is established with the objective of blending the ornamental landscaping of the business park with the native vegetation of the riparian habitat. The theme tree is Coast Live Oak with London Plan Tree, Ironbark, Aleppo and Torrey Pines as support trees. Brisbane Box will be the street tree. 3.10.2 Business Park Landscaping Each unit of the business park shall landscape the front yards of all lots fronting on the public streets in that unit. This landscaping will provide the unifying theme in the park. Individual development projects may enhance this landscaping as part of the planned industrial permit. Each building site within the Specific Plan shall be landscaped with a combination of trees, shrubs and ground cover, and shall be permanently irrigated in conjunction with -27- a landscape plan to be approved by the Director of Parks and Recreation. The 20-foot setback for parking in the front yard shall be landscaped with an undulating berm to screen the parking area from the public right-of-way. The landscaping cross sections demonstrate how the landscaping will appear and the planting list in Appendix A indicates the species of plants that may be used. A minimum of 10 percent of each outdoor parking area shall be landscaped. Landscaping shall be reasonably distributed throughout the parking area and shall contain one 15-gallon tree for every 20 spaces. All landscaping and irrigation shall be installed by the developer prior to occupancy, and maintenance shall be insured by enforcement of the lease terms or, if approved by the City Council, a maintenance district. Entryway landscaping features, including signs and landscaping, may be applied to all entries into the Specific Plan area. Detailed entryway plans shall be approved by the Land Use Planning Manager prior to issuance of sign permits for the entryway. 3*10.3 Transitional Slope Landscaping Because grading will occur adjacent to the creeks and hillside areas, the Specific Plan provides for a transitional landscaping of the manufactured slopes from the woodland/ riparian habitats to the ornamental landscaping of the building sites. These manufactured slopes will be landscaped with species of trees, shrubs and ground cover that are -28- drought-adaptive and/or native to the upland terraces and coastal plains of southern California and interfaced for fire protection in accordance with City's Landscaping Manual. Erosion control techniques will be employed on manufactured slopes to control sedimentation of the creeks. Revegetation will begin immediately after grading has been completed. Transitional slope areas shall be landscaped with species of trees, shrubs and ground cover compatible with the adjacent natural area and irrigated, as determined by the Parks and Recreation Director. A detailed landscaping plan for the transitional slopes shall be approved by the City Engineer and Parks and Recreation Director prior to issuance of building permits for the adjacent development area. 3.10.4 Natural Slopes and Riparian Habitat The natural slopes and riparian habitat areas of the Specific Plan shall remain in natural condition. However, slopes adjacent to developable area may be planted in compatible species of trees, shrubs and ground covers and temporarily irrigated, if required by the City Engineer or Director of Park and Recreation. Native vegetation will be maintained in accordance with the City's Landscape Guideline Manual for fire protection. -29- K^ — -^^—^^^•^~^^^™™^^—— Faraday Business Park Faraday Road Landscaping BL0G. Industrial Street Landscaping Transitional Slope Landscaping ZOHet ZQNSZ ' ZOMT3 <9yAH*tgV7*t. S4A#</rACrv**0 ZQMT + Landscape Cross-Sections Exhibit 1 -30- 3 * 4 rfnrfAf*gpound Dti.lj.ti.as All electricalf telephone, and other cable lines shall be installed underground. Transformer or terminal equipment may be placed above ground but shall be screened from view by landscaping and other appropriate measures. Pumping facilities for the sewer system may also be placed above ground. 3.12 Signs All signs will be architecturally compatible with the buildings they identify. A sign program for each shall be approved by the Land Use Planning Manager. Signs shall relate to their surroundings in terms of size, shape, color, material and lighting. 3.12.1 Project Entry Sign A ground sign 100 square feet in size identifying the Faraday Business Park shall be allowed at the intersections of Faraday Road and the local Industrial Streets serving the Business Park. 3.12.2 Monument Sign Each building shall be allowed one 60 square foot monument sign in the front yard setback. 3.12.3 Wall Sign Each building is allowed one 200 square foot wall sign on each street frontage. -31- 3.12.4 Directory Sign Every multi-tenant industrial or office buildings may have one 60 square foot directory sign listing the buildings tenants. 3.13 Lease Terms Prior to the issuance of the first Planned Industrial Permit, the property owner shall prepare lease terms for the entire Faraday Business Park. These lease terms shall be approved by the Land Use Planning Manager prior to the approval of the first Planned Industrial Permit. The lease terms shall reference this Specific Plan and shall provide for enforcement by the property owner of the terms and condition of the Specific Plan on all tenants of the Faraday Business Park. -32- CHAPTER 4 Performance Standards All industrial uses shall comply with the following performance standards: H.1 Noise The maximum allowable exterior noise level of any use shall not exceed 65 LDN as measured at the property line. Where a structure is occupied by more than one use, the noise level shall not be in excess of 45 LDN as measured within the interior space of the neighboring establishment. Noise v caused by motor vehicles traveling to and from the site are exempt from this standard. 4.2 Odor All uses shall be operated so as not to emit matter causing unpleasant odors which are perceptible to the average person beyond the lot containing such uses. 4.3 Vibration All uses shall be so operated as not to generate vibration discernible without instruments by the average person beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment . occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard. -33- 4.4 Hl1Bmifc»- Heat and Glare All uses shall be operated so as not to produce humidity, heat, glare or high-intensity Illumination which is perceptible without instruments by the average person beyond the lot containing the use. 4.5 Particulate Matter and Air Contaminants All uses shall meet the air quality standards of the San Diego County Air Quality Control Board (AQCB). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person. 4.6 Radio Frequencies In order to reduce the potential radio signal interference to the DCSD radio telescope, each industrial operation utilizing radio frequencies will be analyzed and appropriate measures will be imposed as conditions of planned industrial permit approval. 4.7 Industrial Waste Discharge All discharge of industrial waste shall be In conformity with the provisions of Chapter 13.26 of the City of Carlsbad Municipal Code, as amended. -34- CHAPTER 5 Mitigation Measures The following mitigation measures shall apply to the overall development of the Faraday Business Park and are summarized here from the City Operation Center Environmental Impact Report. 5.1 Landform and Toooyraphv a. All grading activities will be carried out in accordance with the grading guidelines and regulations of the City of Carlsbad. b. Grading for building pads and roadways should be accomplished in a manner that would maintain the appearance of natural hillsides to the fullest extent possible. c. To avoid excessive grading, roadways should follow natural contours where feasible. d. Manufactured slopes should be contour graded to blend more naturally with the open space hillsides. 5.2 Geology and Soila a. All structures will be designed in accordance with the seismic standards of the California Building Code. b. To minimize the short-term impact of increased erosion potential, all graded areas not suited for construction should be planted with rapidly-developing vegetation as soon after construction as practical. -35- 5 . 3 ir a. As much of the natural stream course as practicable should be left In its natural state through design of subsequent planned industrial permits. b. A number of management practices can be applied to construction sites in order to mitigate potential sediment yield during the construction period. The measures that may be suitable to this site include: grade during the dry season, install permanent landscape plantings promptly after grading is completed, and expose as small an area of land for as short a period of time as possible. c. Install a storm drain system at the stage of ultimate project implementation in order to direct runoff and to accommodate the volume and speed of natural drainage and provide a system to regulate potential flood waters. d. A water quality management program is recommended to be developed and implemented to mitigate the impact of urban runoff on the quality of local surface waters. 5 . 4 Archaeological Resources a. Prior to the issuance of the first grading permit, a test program of the identified sites shall be conducted to determine their significances. -36- b. In the event that no significant deposit is identified, mitigation would be a matter of transit locating, drying, and photographing any features. Any surface artifacts would be mapped and collected. c. In the event that a significant deposit is found, mitigation measures would be comprised of either preservation or salvage excavation of those portions of the deposit which would be impacted by the planned project. d. An archaeologist should be present to monitor grading activities on the site in order to identify potential archaeological sites presently obscured by thick ground covering. e. All work should be carried out by an archaeologist who is a member of the Society of Professional Archaeologists (SOFA). 5 . 5 Biological Reaouroea Riparian areas will be preserved with adequate buffers to protect wildlife habitat. 5.6 Circulation Employee Transportation Programs to reduce the number of trips generated by the project or to spread the trips over a longer period, will be promoted. -37- 5.7 Air Resources a. Compliance with the San Diego County Air Pollution Control District Rules and Regulations will assure that potential stationary sources (e.g., Industrial land uses) of air pollutants will not adversely impact local and regional air quality. b. The RAQS includes the following measures that when adopted by the City of Carlsbad, may be feasible for implementation for the proposed project: 1. Expanded ridesharing 2. Expanded transit 3. Traffic flow improvement 4. Expanded interurban bus and rail c. Employment forecasts from the proposed project should be included in the statistical area which is used as input in the RAQS. 5.8 Acoustic Environment a. A detailed noise analysis should be required at the Planned Industrial Permit stage to determine appropriate mitigations for off-site noise. b. On-site acoustic impacts can be mitigated effectively by means of barriers (berms or walls), setbacks, and special construction techniques (well-sealed plywood sheathing, R-19 insulation in attic spaces, window Sound Transmission Class [STC] of at least 24 or double-glazed windows). -38- c. Short-term construction impacts can be partially mitigated by the following: -Limit construction to daytime hours only -Recommend that construction workers wear protective hearing devices -Muffle or acoustically shield construction equipment, when feasible. 5.9 public Utilities and Community Services a. The proposed project will Incorporate all recommendations and requirements of the City of Carlsbad Water Department and the Costa Real Municipal Water District when specific site designs are evaluated during the Planned Industrial Permit Process. b. Resource conservation measures which relate to energy and water conservation (identified in Section 3*11 of the EIR) should be utilized wherever feasible. c. To help mitigate potential fire hazards, all development will conform with appropriate building and fire code specifications. d. To effectuate crime prevention, adequate lighting and high-grade security hardware should be incorporated into the site and building designs. 5.10 Aesthetics a. Innovative and varying siting techniques should be utilized. -39- b. To the extent reasonably possible, grading for building pads and roadways should be planned in such a manner as to maintain the appearance of natural hillsides. c. Manufactured slopes should be contour graded to blend more naturally with the hillsides that would remain in open space. d. A landscape plan should be prepared that will provide for the visual enhancement of the manufactured slopes and undeveloped pad areas. e. The building materials and the architectural design will be compatible with the overall design theme in the Palomar Airport area. 5.11 Energy and Resource Conservation Energy and water conservation measures will be incorporated into developments during the project design stage. The benefits include lower maintenance costs for the consumer as well as savings in resource use. A list of specific measures Is found on page 65-67 of the City Operations Center EIR. -40- CHAPTER 6 Conditions of Approval This chapter will be provided from the City of Carlsbad Planning Commission and City Council resolutions approving the Specific Plan. -41- APPENDIX A FARADAY BUSINESS PARK Specific Plan Landscaping Plant List FARADAT nn*n AREA: THEME: OBJECTIVE: THEME TREE: SUPPORT TREES STREET TREES: Faraday Business Park Oak Woodland/Riparian Blend ornamental landscaping of business park with natural vegetation of riparian habitat. Quercus Agrifolia (Coast Live Oak) Platanus acerifolia (London Plane Tree) Eucalyptus slderoxylon (Ironbark) Pinus halepensis (Aleppo Pine) Pinus torreyana (Torrey Pine) Tristania conforta 'Brisbane Box) Interior Project Trees-:one 1 The following trees, shrubs, and ground covers may be used for landscaping of the industrial lots. TREES Botanical Name Agonis flexuosa Arbutus unedo Calodendruin capense Geijera parviflora Ginkgo blloba "Autumn Gold* Ginkgo biloba "Fairmount" Hakea laurina Jacaranda mimosifolia Koelreuteria bipinnata Melaleuoa linarifolia Melaleuca quinquinervia Metrosideros excelsus Tabebuia chrysotricha Tipuana tipua Tristania conforta Zizypbus Jujuba Common Name Peppermint Tree Strawberry Tree Cape Chestnut Australian Willow Maidenhair Tree N.C.H. Pincushion Tree Jacaranda Chinese Flame Tree Flaxleaf Paperpark Cajeput Tree New Zealand Christmas Tree Golden Trumpet Tree Tipu Tree Brisbane Box Chinese Jujube A-1 LARGE SHRUBS Botanical Mane Acarda longlfolia Calllstemon citrinus Ceanothus "Concha* Ceanothus gloriosus-Varieties Ceanothus "Julia Fhelps* Ceanothus "Sierra Blue" Cytiaus racenosus Feijoa sellowiana Fremontodendron "California Glory" Fremontodendron "San Gabriel" Hetermoles arbutifolia Leptospermum laevigatum Rhus integrifolia Rhua ovata MEDIDM SHRUBS 5'- 10' Botanical Name Cistus corbariensis listus "Doris Hibberson* !iatus purpurea Hakea suaveolens Lantana montevidensis-Varieties Pittosporum tobira Xylosma congestum Common Mama Sydney Golden Wattle Lemon Bottlebrusb N.C.N. N.C.N. N.C.N. H P M. V . Cl . Broon Pineapple Guava N.C.N. N.C.N. Toyon Australian Tea Tree Lemonade Berry Sugar Bush Common Name White Rockrose N.C.N. Orchid Rockrose Sweet Hakea N.C.N. Mock Orange Shiny Xylosma SMALL SHRUBS 2 - Botanical Name Arctostapbylos densiflora "James West" Arctostaphylos hookeri Arctostaphylos pumila Ceanothus purpureus Convolvulus cneorum Cotoneaster buxifolius Leucophyllum frutescens "Compactum" Llmonium perezii Pittosporum tobira "Wheeleri" Ribes viburnifolium Common Name N.C.N. Monterey Manzinita Sandaat Manzinita Hollyleaf Ceanothus Bush Morning Glory Bright Bead Cotoneaster Texas Ranger Sea Lavender Wheeler's Dwarf Evergreen Currant A-2 GROUND CQVRttS Botanical Name Arctostaphylos edoundail-Varieties Arctostaphylos hookerl-Varleties Arctostapbylos uva-ursi "Alaska" Arctotbeca calendula Baccbaris pilularis "Twin Peaks" Ceanotbus grlseus borlzontalis "Hurricane Point" Gazania Lonicera Japonlca Rosmarinus officinalis •Lockwood de Forest* Rosmarinus officinalis "Prostratus" Verbena riglda VIMBS Common Mama Little Sur Manzinita Monterey Manzinita N r ii• w • li • Capeweed Dwarf Coyote Bush N.C.N. N.C.H. Japanese Honeysuckle N.C.H. Dwarf Rosemary N.C.N. Botanical Mama Abutilon bybridum Bougainvlllea Flcus punila Hibbertia scandens Passiflora, species Tecomaria capensls Wisteria Common Kama Flowering Maple N.C.N. Creeping Fig Guinea Gold Vine Passion Flower Cape Honey Suckle N.C.N. A-3 TRANSITIONAL SLOPE LANDSCAPING Zone 2 - Manufactured slopes planting fire retardent and erosion control (within 25 feet of building pad). Low growing, high fire retarding plants: Carpobrotua species Delosperma "Alba" Droaanthemum floribundum Lanprantbus spectabilis Malephora crocea Sea Fig White Trailing Ice Plant Rosea Ice Plant Trailing Ice Plant Croceui Ice Plant Low growing, moderate fire retarding plants: Aretotbeca calendula Baccharis pilularis Coprosma klrkil Gazania rigens leucolaena Lippia canescens Myoporum parvifoliua OsteosperBua frutlcosua Santolina species Trifoliua fragiferua var. O'Connor's Vinca species Zone 3 - Manufactured slopes low voluae, Low fuel voluae native plants: EriopbyllUB species Eschscholzia California Lotus scoparius Lupinus species MiBulus species Pensteaon species Salvia ooluBbariae Salvia sonoaensls Tricbosteaa lanatua Zauschneria species Low fuel voluae introduced plants Arteaisia caucaalca Atrlplez glauca Atriplez seaibaocata Clatus crispus Cistus salviifoliua Santolina cbaaaecyparlssus Santolina vlrens Cape Weed Prostrate Coyote Bush Creeping Coprosaa Trailing Gazania Lippia Myoporua African Daisy Lavender Cotton O'Connor's Leguae Periwinkle slow burning planting. Yarrow California Poppy Deerweed Annual Lupines Monkey Flower Pensteaon Chia Creeping Sage Woolly Blue Curls California Fuchsia Silver Saltbush Creeping Saltbush Rookrose Sageleaf Rookrose Lavender Cotton Green Santolina A-4 TRANSITIONAL SLOPE LANDSCAPING PLANTING LIST Zone 4 -Native vegetation on natural slopes. TREES Arbutus unedo Eucalyptus cladocalyx Eucalyptus sideroxylon Grevlllea robusto Lyonathamnus Plnus halepensis Pinus torreyana Prunus lyonll Quercus Agrifolla Sambucus Scblnus motle SHRUBS Acacia species Arcbaslaplylos punula Artenlslca callfornlca Bougalnvlllea species Calllstemon cltrlnus Ceanotbus grlseus Ceanotbus "Sierra Blue* Cotoneaater congestus Erlogonum fasclculatum Heteromeles arbutlfolla Junlperus species Lavandula species Luplnus arboreus Plttosporuo tobrla "Wheeler!" Rbus Integrlfolla Rbus laurina Rbus ovata Salvla leucartha Santollna specls Spartluna lunceunl GRODMD COVERS Acacia redolens Acbillea species Artenllsca pycnocepbala Baccharis pilularls Ceanothua grlseus "Horizontalis" Hellantbemum species Lupinus nanua Common Name. Strawberry Tree Sugar Gun Ironbark Silk Oak Catalina Ironwood Aleppo Pine Torrey Pine Catalina Cberry Coast Live Oak Elderberry California Pepper Cyclops Acacia Sandmat Manzanita California Sagebrush Bougainvillea Lemon Bottlebrush Wild Lilac N.C.N. Buckwheat Toyon Junipers Lavendar Tree Lupine Wheeler's Lemonade Berry Laurel Sumac Roundleaf Hawthorn Mexican Bush Sage Spanish Broom Acacia Tarrow Coast Sagebrush Coyote Bush Sunrose Annual Lupine A-5 APPENDIX B City of Carlsbad P-M Planned Industrial Zone f May 25f 1983 ORDINANCE NO. AN ORDINANCE 'OP THE CITY COUNCIL OP THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 34 OP THE CARLS DAD MUNICIPAL CODE BY REVISING THE P-M (PLANNED INDUSTRIAL)ZONE. _ . _ _ _ _____ The City Council of the City of Carlsbad, California, docs >rdain as follows: SECTION It That Title 21, Chapter 34, of the Carlsbad iunicipal Code is amended to read as -follows t( CHAPTER 21.34, P-M PLANNED INDUSTRIAL ZONE 11 12 13 14 15 16 17 18 19 20 21 22 23 Sections : 21.34.010 21.34.020 21.34.030 21.34.040 21.34.050 21.34.060 21.34.070 21.34.080 21.34.090 21.34.100 21.34.110 21.34.120 21.34.130 21.34.140 21.34.150 21.34.160 . .Intent and Purpose Permitted Uses Conditional Uses Uses Permitted by Specific Plan Planned Industrial Permit Industrial Condominiums Development Standards ' • Design Criteria Performance Standards Cancellation of Planned Industrial Permit Amendments Final Map Final Planned Industrial Development Plan Certification of Occupancy Maintenance Failure to Maintain 21.34*010 Intent and Purpose (a) . Allow the location of business and light industries engaged primarily in research and/or testing, compatible light aanufacturing, business and professional offices when engaged in ctivities associated with corporate office* or in activities ose primary purpose is not to cater directly to the general iblic, and certain commercial uses which cater to and are ncillary to the uses allowed in this cone. (b) Promote an attractiverand high quality design in evelopments* which upgrades the City's natural environment rid identity. B-l 2 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Provide for the phasing of development which is coordinated with the development of .public improvement* -and services. ••(d) Encourage reduced energy consumption by building design and by allowing, in certain cases, compatible residential development which provides housing for employees of this cone. (e) Provide for alternative transportation modes for employees of this zone by a combination of bus facilities, ride share programs, and pedestrian and bicycle circulation systems. 21.34.020 Permitted Uses. The following uses are permitted in the P-M cone without the granting of a conditional use .permit: (a) Research and testing facilities) (b) Manufacturing -and processing facilities; (c) Storage, wholesale and distribution facilities (d) Administrative offices associated with and accessory to a permitted use; (e) On-site recreational facilities intended for the use of employees of the Planned Industrial Zone; (f) Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-by traffic, and are incidental to the industrial uses in the vicinity as follows: (1) Accountants ' (2) Administrative Offices (3) Advertising Agencies (4) Advertising - Direct Mail (.5) Agricultural Consultants (6) Airlines Offices, General Offices (7) Air Courier Service (8) Answering Bureaus (9) Appraisers (10) Arbitrators (11) Architect Design & Planners (12) Attorney Services (13) Attorney. (No Legal Clinics) (14) Audio-Visual Services (15) Billing Service (16) Blueprinters (17) Bookkeeping Service (18) Building Designers (19-) Building Inspection Service (20) Burglar Alarm Systems . (21) Business offices for professional and labor organisations (22) Business Consultants (23) Civil Engineers . (24) Collection Agencies (25) Commercial Artists (26) Commodity Brokers (27) Communications Consultants (28) Computer^ Programmers (29) . Computer Service (Time-Sharing) B-2 1 2 ' 5 6 7 8 9 12 13 14 15 16 17 18 19 23 24 25 36 27 28 (30) Computer Systems (31) Construction 'Manager (32) Corporate Headquarters Office (33) Corporate Travel Agencies fc Bureaus (34) Credit Rating Service (35) Data Communication Service (36) Data Processing Service (37) Data Systems Consultants (38) Diamond fc Gold Brokers (39) Display Designers (40) Display Services (41) Drafting Services (42) Economics Research . , (43) Educational Consultants (44) Educational Research (45) Electric Contractors (Sales fc Administrative Offices Only) (46) Electronics Consultants (47) Energy Management Consultants (48) Engineering Offices _- I! (49) Environmental Services J>Jp|1 (50) Escrow Service (51) Estimators (52) Executive Recruiting Consultants (53) Executive Search Office (54) Executive Training Consultants (55) Export Consultants (56) Financial Planners fc Consultants (57) Fire Protection Consultants (58) Foreclosure Assistance (59) Foundation-Educational Research (60) Franchise Services (61) Fund Raising Counselors (62) Gemolegists (63) General Contractors (No. Equipment Storage Permitted) (64) Geophysicists (65) Government Contract Consultants onII (66) Governmental Agencies (General fc Administrative Offices Only) 21 (67) Graphics Designers (68*) Human Factors Research 6 Development 2211 (69) Human Services Organization (Administrative Offices Only) (70) Importers (71) Industrial Medical (Workmen's Conp.) (72) Incorporating Agency (73) Information Bureaus (74) Insurance Companies.(Administrative Offices Only) (75) Interior Decorators & Designers (No Merchandise Storage. Permitted) (76) Investigators <77) Investment Advisory B-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 (78) Investment Securities (79) Labor Relations Consultants (80) Leasing Services (81) Lecture Bureaus (82) Literary Agents (83) Magazine Subscription Agents (84) -Mailing List Service (85) Management Consultants (86) Manufacturers Agents (87) Marketing Research fc Analysis (88) Message Receiving Service (89) Mutual Funds (90) Patent Searchers (91) Pension fc Profit Sharing Plans (92) Personal Service Bureau (93) Photographic (Industrial & Commercial Only) (94) Printing Services (95) Product Development & Marketing (96) Public Relations Services (97) Public Utility Companies (98) Publicity Services . . (99) Publishers Representatives (100) Radio Communications (101) Real Estate Brokers (Commercial ft Industrial Only) (102) Real Estate Developers (103) Recording Service (104) Relocation Service (105)' Repossessing Service (106) Research Labs (107) Retirement Planning Consultants (108) Safety Consultants (109) Sales Training fc Counseling (110) Searchers of Records (111) Securities Systems (112) Security Firms (113) Sound System Consultants (114) Space Planning Consultants (115) Space Research fc Developments (116) Stock & Bond Brokers (117) Surveyors • . (118) Tax Service fc Consultants (Mo consumer oriented Uses) (119) Telephone Cable Companies (120) Telephone Systems (121) Title Companies (122) Tour Operators (123) Trade Mark Consultants (124) Translators & Interpreters (125) Trust Companies- (126) Uses substantially similar to those identified above if approved by the Land Use Planning Manager. 6 (f) Government facilities and-offices; (g) Accessory uses and structures where related and incidental to a permitted use. (h) Signs subject to the provisions of Chapter 21.41. 21.34.030 Conditional Uses. The following uses are permitted in the P-M zone upon the granting of a conditional use permitt . (a) Eating and drinking establishments (b) Hotels and motels (c) Automobile service stations (d) Day-care centers (e) Health and athletic clubs (f) Retail uses limited to the sales of goods and services required for the convenience of the occupants of this zone. 21.34.040 Residential Uses Permitted by Conditional Use Permit. The following residential uses are permitted in the P-M zone upon 10 lit he granting of a conditional use permit by the City Councils | (a) Single family, multiple family residential uses or a 11 combination thereof which serve to house the employees of businesses located in the P-M zone. Prior to the approval of a conditional use 12 permit, the City Council shall make the following findings: (1) A Planned Development Permit for the project has been 13 approved, or is approved concurrently with the conditional use permit, by the City Council. 14 (2) The residential development is an integral part of an I industrial park or large industrial .use. i 1511 (3) The residential development is designed to be compatible, with the industrial use it serves by means of 16 landscaping, open space.separations, etc. (4) The industrial development served by the residential 17 18 19 20 21 22 23 24 25 .26 27. 28 development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. (5) The maximum allowable density for the -residential development shall be established by the City Council but in no event shall the density exceed 40 dwelling units per acre. 21.34.050 Planned Industrial Permit.- (a~jLand Use Manager Approval.No development of a permitted se pursuant to Section 21.34.020, change of use of building ificatiohs in excess of twenty-five percent of the building aluation of the existing development shall be 'done without first btaining a Planned Industrial Permit from the Land Use Planning anager. In his review of a Planned Industrial Development, the nd Use Planning" Manager shall ascertain all facts pertinent to the roposed development and shall approve, conditionally approve, isapprove or give notice of referral to the Planning Commission, ogether with the findings and reasons for- such action. (b) Application. Application for a Planned Industrial Permit shall be made in accordance with the procedures set forth in this section: B-5 2 3 8 9 10 11 12 131 141 16 17 18 20 211 22 23 (1) An application for a Planned Industrial Permit may _>e made by the record, owner 'or .owners of the property affected or the authorised agent of the owner or owners. The application • shall be filed with the Land Use Planning Manager upon forms provided him. The application shall be accompanied by adequate >lans which allow for detailed review pursuant to this chapter, a Legal description of the property and all other materials and information specified by the Land Use Planning Manager. (2) At the time of filing the application, the applicant shall pay a processing fee in an amount specified by :ity Council resolution; (3) If the applicant contemplates the construction of a 'lanned Industrial Development in phases, the application shall 3 state and shall include a proposed phasing* schedule; (c) Findings of the Land Use Planning Manager. In approving Planned Industrial Permit, the Land Use Planning Manager shall »Xe the following findings* (1) The site indicated by the Planned Industrial Permit is adequate in sire and shape to accomodate the proposed use, and ill yards spaces, walls, fences, parking, loading, landscaping ind other features required by this chapter; (2) The improvements indicated on the Planned Indus :rial Permit are located in such a manner to be related to existing and proposed streets and highways; (3) The improvements as shown on the Planned Industrial >ermit are consistent with the intent and purpose of this zone ind all adopted development, design and performance standards as jet forth in this chapter. (d) Notification. The .Land Use Planning Manager shall lotify the applicant in writing of any decision made on a Planned [ndustrial Permit. (e) Appeal of Land Use Planning Manager Deci'sion. Tl)The applicant or any other interested person may ppeal, from any action of the Land Use Planning Manager with aspect to a Planned Industrial Permit, to the Planning lommission. Any such appeal shall be filed with the Land Use lanning Office within ten days of written notification of the nd Use Planning Manager's decision. Upon the filing of an ppeal, the Land Use Planning Manager shall set the matter for lanning Commission hearing. Such hearing shall be held within irty days'after the date of filing the appeal. 'Within ten days following the conclusion of the hearing, the Planning Commission shall render its decision on the appeal. (2) At the time of filing for such appeal, the applicant shall pay a processing fee in an amount specified by 24 fcity Council Resolution. I (3) The decision of the Planning Commission shall be 25 (ponsistent with the provisions of this chapter and shall be supported by appropriate findings. (4) If the Planning Commission fails to act on an appeal within the time 'limits specified in this section, the appeal shall be deemed denied. 26 27 281 B-6 . 8 10 Appeal of Planning Commission Decision. 2 "(T) The applicant or any other interested person may appeal from any action of the Planning Commission with respect to a Planned Industrial Permit, to the City Council. Any such appeal shall be filed with the City Clerk within ten days after the action of .the Planning Commission from which the appeal is being taken. Upon the filing of an appeal, the City'Clerk shall set the matter for hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. (2) At the time of filing for such appeal, the applicant shall pay a processing fee in an amount specified by City Council Resolution. (3) The .decision of the City Council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. ll|! (4) If the City Council fails to act on an appeal 'within the time limits specified in this section, the appeal 12||shall be deemed denied. 13 14 15 16 17 21.34.060 industrial Subdivisions. Industrial subdivisions including industrial condominium and planned unit developments may be permitted in the P-M zone if the project meets all other requirements of this chapter and all requirements of Title 20 (Subdivision Ordinance). All industrial subdivisions, condominium and planned unit development subdivision applications shall be accompanied by an application for a Planned Industrial Permit processed pursuant to Section 21.34.050 except that said permit shall be approved by the same decision making body which approves the subdivision. Amendments to a Planned Industrial Permit issued ISllpursuant to this section may be made by the Land Use Planning Manager according to this chapter. 19 [ 21.34.070 Development Standards. All industrial projects 20 shall comply with the following development standards: (a) Building Height. No building in the P-M zone shall* 21 [[exceed a height of thirty-five feet unless a specific plan providing for a higher maximum has been adopted. 22 f (b) Setbacks (1) Front Yard and Side Street Yard on Prime, Major 23 Und Secondary Streets. Every lot in .the P-M zone that has a 24 25 front yard or side street yard.facing on a prime, major or secondary street jshall have a minimum setback of fifty feet. This setback shall be measured from the right-of-way line. This setback shall be entirely landscaped and irrigated; however, upon approval of the Land Use Planning Manager, the landscaped 26 foortion off c setback may be. reduced to thirty-five feet to Haccomodate a riveway .along the portion of the setback furthest 27- from the rig -of-way or private street.' Any driveway, within [the front yar-4 setback shall' be sc***ened from the public or 28'brivate street by a mixture of mot jing and landscaping to the satisfaction of the Land Use Planning Manager. B-7 . ' "" 8 • 10 11 12 13 14 15 » 17 18 19 20 21 22 23 24 25 26 27 28 (2) Pront Yard and Street Side Yard on Collector, Local and Private Streets.Every lot in the F-M zone that has a front yard or side street yard facing on a collector, local or private street shall have- an average setback of 35 feet, however, said setback shall not be less than 25 feet. This setback shall be entirely landscaped and irrigated and shall be measured from the right-of-way line or, in the case of a private street, from the (3) side Yard - Interior. All interior side yards shall have a minimum setback of ten feet which shall be entirely landscaped and irrigated.(4) Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. (5) Walls and Fences. A wall or fence located in any part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street setback area shall not exceed thirty-six inches in height. (6) Landscaping in Parking Areas. A minimum of ten percent of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the Land Use Planning Manager. Landscaping in the building setback areas shall not count towards meeting this requirement. (7) Minimum Lot Area. Except for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. When an industrial subdivision is submitted, the Planning Commission or City Council, whichever is the final decision maker, may permit a reduction in the minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned- industrial project and that the reduction of the lot area does not create adverse impacts to surrounding properties. (8) Lot Coverage. All buildings, including accessory building structures, shall cover not more than 50% of the area of a lot. Open parking areas shall not be counted in determining lot Coverage. (9) Private Streets. Private streets may be permitted within a Planned Industrial Development provided their width and geometric design are related to the function, topography and needs of the development, and their structural design,-pavement and onstruction comply with the requirement of the City's street improvement standards and further provided that the permit is recessed concurrently with a subdivision nap. The Planning remission and City Council, shall determine the width of private treets which shall in no event be less than the minimum standards of this section. Pavement -widths between curbs of private streets shall be not less than the following: Type of Street "? Minimum Width (Curb to^urbj. 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52^f«et B-8 21.34.080 Design Criteria* All'industrial projects shall ;omply with the following design criteria: (1) The overall plan shall be comprehensive, imaginative and Innovative, embracing land, buildings, landscaping and their relationships, and shall conform to adopted plans of all govern- nental agencies for the area in which the proposed development is Located;(2) The plan shall provide for adequate open space, circula*- :ion, off-street parking and other pertinent amenities, iuildings, structures and facilities in the parcel shall be Well Integrated, orientated and related to the topographic and natural Landscape features of the site. (3) The proposed development shall be compatible with existing and planned surrounding land uses and with circulation glbatterns on adjoining properties. It shall not constitute a lisruptive element to the community; (4) The internal street system shall not be a dominant feature in the overall design, rather it should be designed for 10 |khe efficient and safe flow of vehicles without creating a lisruptive influence on the activity and function of the develop- (5) The design of buildings and surrounding environment hall be architecturally integrated and compatible with each ther. (6) Screening walls for storage spaces, loading areas and uipment shall be architecturally integrated with the surround- 14 Ing building design. (7) Building placement shall be designed to create opportunities for plazas or other landscaped open spaces within :he project.15 16 21.34.090 Performance Standards. All industrial uses shall 17 Ifcomply with the following performance standards: (a) Noise. The maximum allowable exterior noise level of use shall not exceed sixty-five Ldn as measured at the roperty line. Where a structure is occupied by more than one 19 ise, the noise level shall • not be in excess of 45 Ldn as measured within the interior space of the neighboring 20 Establishment. Noise caused by motor vehicles traveling to and from the site are exempt from this standard. 21 1| (b) Odor. All uses shall be operated so as not to emit tttor causing unpleasant odors which are perceptible to the 22 Average person while within or beyond the lot containing such ises. 23 1| (c) Vibration. All uses shall be so operated as not to jenerate vibration* discernible without instruments by the average 24 person while on or beyond the lot upon which the source is Located or within an adjoining enclosed space if more than one 25 Establishment occupies a structure. Vibration caused by motor 'chicles, trains and temporary construction is exempted from this 26 Standard. • '.-•*• (d) Humidity, Heat' and Glare. All uses shall be operated so 2?]}»s not to produce humidity, heat, glare or high- intensity illu- nination which is perceptible without instruments by the average 28 person while on or beyond the lot containing the use* B-9 - ' • - 6 8 10 11 particulate Hatter and Air .Contaminants. All uses shall meet the air quality standards oc the San Diego County Air Quality Control Board (AQCB). In addition, all uses shall be operated so as not- to emit particulate natter or air contaminants which are readily detectable without instruments by the average person while on the lot containing such uses. (f) Manufacturing Operations. 'All manufacturing, assem- bling, compounding, fabrication, packaging, processing and treating operations shall be conducted entirely within an enclosed building. (g) Outdoor Storage. All outdoor storage, including equipment, shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. Any such wall shall be architecturally compatible with the main buildings on the site and shall screen the stored materials from the view of industrially zoned adjoining properties and public streets. If complete visual screening of stored materials is not possible, trees and other plant materials shall be used. Any walls or landscaping used for screening purposes shall be subject to the approval of the Land Use Planning Manager. Outdoor storage shall not be allowed adjacent to non- 12 industrially zoned properties. (h) Industrial Waste Discharge. All discharge of industrial 13 waste shall be in conformity with the provisions of Chapter 13.16 of this code, as amended. 14 21.34.110 Amendments . 15 1| (a) Amendments to a Planned Industrial Permit may be initiated by the property owner or authorized agent as follows: 16 1| (1) A request for an amendment shall be submitted to the Land Use Planning Manager in written form and shall be 17 accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment. 18 When necessary, the amendment shall be accompanied by an amendment to any corresponding tentative map or tentative parcel 19 map; (2) . If the Land Use Planning Manager considers the 20 amendment minor in nature, the additional graphics, statement or other information may be* approved .by the Land Use Planning 21 Manager and made part of the original approval. (3) A minor amendment shall not change the boundaries 22 of the subject property, or involve 'an addition of a new building or group of buildings not shown on the original permit of greater 23 than ten percent in approved yards, coverage, height, open space or landscaping, provided no changes Shall be less than required 24 25 26 27 ,28 by this chapter. - If the Land Use Planning Manager determines that the amendment is not minor, a new Planned Industrial Permit shall be filed. An amendment affecting a subdivision map for the project shall not be deemed minor and shall be processed pursuant to Title 20.for amendment of subdivisions. (4) • if a new Planned Industrial Permit is required, the applicant shall submit*a completed application with graphics, statements, or other information as may be required to support the proposed modification. *• B-10 • • • ' •- F" *• (5) A fee, as specified by City Council resolution, shall be required for an amendment to a Planned Industrial 9 10 11 12 13 14 15 16 17 18 19 Permit.{6) An application for an amendment of a Planned Industrial Permit shall be processed and determined in'accordance with the provisions of this chapter applicable to the adoption of a Planned Industrial Permit; 5 21.34.120 Final Map. Building permits for construction- within any planned Industrial Development shall not be issued until a final subdivision map or parcel map has been recorded for the property. A final map which deviates from the conditions imposed by the permit shall not be approved. 6 21.34.130 Final Planned Industrial Development Plan. (a) For applications that have riled a parcel map or tentative mac concurrent with a Planned Industrial Permit, a final Planned Industrial Development Plan shall be submitted to and approved by the Land Use. Planning Manager prior to the recordation of the final map. (b) For applications that have not filed* a parcel map or tentative map concurrent with a Planned Industrial Permit, a final Planned Industrial Development Plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of any building permits. (c) The final Planned Industrial Development Plan shall reflect all required revisions and refinements. The final Planned Industrial Development Plan shall include: (1) Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include-any off site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (2) A final grading plan; (3) Final elevation plans; (4) A final landscaping plan including methods of soil (preparation,'plant types, sizes and location; irrigation system 20((plans showing location, dimensions and types; and (5) A plan for lighting of streets, driveways and [(parking areas. (c) Where a Planned Industrial-Development contains any land 22 Ur improvements proposed-to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and 23 restrictions-with the final Planned Industrial Development plan. Such declaration ^hall set forth provisions for Maintenance of 24 all common areasr payment of taxes and all other privileges and responsibilities of the common ownership 'and shall be reviewed by 25 |and subject to approval by the Land Use Planning Manager and City Attorney.„''« "• 28 B-ll I b I I I I I I (d) A final Planned Industrial Development plan may be 2|submitted for a portion of the development, provided the Land Use Planning Manager approves the construction phases as part of the 31 permit and provided that the phases are consistent with any subdivision nap filed on the property. The plan for the first 41 portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the 5|approved phasing schedule. . . (e) The Land Use Planning Manager shall review the plan for 61|conformity to the requirements of this chapter and the Planned Industrial Development permit. If he finds the plan to be in 7|substantial conformance with all such requirements, he shall approve (the plan. 21.34.140 Certification of Occupancy. A certification of 9|joccupancy shall not be issued for any structure in a Planned Industrial Development until all improvements required by the 10{Planned Industrial Permit have been completed to the satisfaction of the City Engineer, Land Use Planning Manager and the Director 11 of Building and Planning. P 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.34.150 Maintenance. All private streets, walkways, park- ling areas, landscaped areas, storage areas, screening, sewers, [drainage facilities, utilities, open space and other improvements not dedicated to public use shall be maintained by the property jowners or as otherwise approved by the City Council. Provisions acceptable to the City shall be made for the preservation and maintenance of all such improvements prior to the issuance of (building permits. 21.34.160 Failure to Maintain. (a) Al 1 commonly owned 1 and", improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and |a public nuisance endangering the health, safety and general elfare of the public and a detriment to the surrounding ommunity; (b) In addition to any other remedy provided by law for the batement, removal and enjoinment of such public nuisance, the ity Engineer may, after giving notice, cause the necessary work f maintenance or repair to be done. The costs thereof shall be ssessed against the owner or owners of the project; (c) The notice shall be in writing and mailed to all persons hose names appear on the last equalized assessment roll as ners of real property within the project at the address shown n the assessment-roll. Notice shall also be sent to any person nown to the City Engineer to be responsible for the maintenance r repair of the common areas and facilities of the project under n indenture or agreement. The City Engineer shall also cause at jleast one copy of such notice to be*posted in a conspicuous place n the premi&os. No assessment shall be held invalid for failure to post or mail or correctly address any notice; B-12 ( 8 10 11 12 13 14 15 16 17 18 19 20 21 22 i 23 24 25 2G 27 28 <d) The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the City, will be assessed against the property or against each separate lot and become a lien upon such property; (e) If upon the expiration of the five-day period provided for in subsection (d), the work has not been done, or having been commenced, is not being performed with diligence, the City Engineer shall proceed to do such work or cause such work to be done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact the the work has been completed and the cost thereof, together with a legal description of the -property, against which cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against which the cost i* to be assessed and against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the Council, shall thereafter give notice in writing to the owners of the project in the manner provided in Subsection (c) of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment; (f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to confirm, modify or reject the assessments; (g) A list of assessments as finally confirmed by the' City Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after'its confirmation by the City Council, the City Clerk shall cause to be filed in the Office of the County Recorder of the County a notice of lien, substantially in the following form: B-13 o fflin t * t0 s <u. • * o•- i w •nji 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16, 171| is j: 19!' 20 21 i i!22 ii 23 24!i 25 | 26 ii 27 28 Ii RESOLUTION NO.9079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING SPECIFIC PLAN 198 FOR A 203 ACRE BUSINESS PARK ON PROPERTY GENERALLY LOCATED EAST OF THE CARLSBAD SAFETY CENTER APPLICANT: FARADAY BUSINESS PARK CASE NO.; SP-198 WHEREAS, on February 18, 1987 the Carlsbad Planning Commission adopted Resolution No. 2642 recommending to the City Council that Specific Plan 198 be denied; and WHEREAS, the City Council of the City of Carlsbad, on May 5, 1987 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Specific Plan 198; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Calfornia as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 2642 constitute the findings of the City Council in this matter. C. That said Specific Plan 198 Faraday Business Park was denied without prejudice. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 19th day of May , 1987 by the following vote, to wit: AYES: NOES: None Council Members Lewis, Kulchin, Pettine, Mamaux, andLarson ABSENT: None ATTEST: CLAUDE A. LEWIST Mayor CIT" OF CARLSBAD — AGENDA BILL OO 0,CO ooc 0) oz (0<uOS Q.OT3to a C3OO 00I Im AB« 8988-#l MTG 5/1Q/H7 DEPT CA UJJLEj DENIAL OF SPECIFIC PLAN SP-198 FARADAY BUSINESS PARK DFPT Ml"!L/Cr 1 . nU. CITY ATTY^S CITY MGRjE RECOMMENDED ACTION: If the City Council wishes to deny SP-198 your action is to adopt Resolution No. fo7^ . ITEM EXPLANATION The City Council at your meeting of May 5, 1987 directed the City Attorney to prepare the document denying the specific plan for a 203 acre business park and upholding the Planning Commission decision. That document is attached. EXHIBIT Resolution No. <-J o Oo cr Aflf fr 5tP/P" yrft 5/5/87 nppT PLN ' OF CARLSBAD - AGENT BILL TITLE- REQUEST FOR SPECIFIC PLAN ON A 203 ****** ACRE PARCEL EAST OF THE CARLSBAD SAFETY CENTER SP-198 - FARADAY BUSINESS PARK DEPT. *• CITYA1 CITY M< '^3 /w£ <D. 1^ mr^S GRcSfe CO RECOMMENDED ACTION: CU u The Planning Commission and staff are recommending that the Council direct the City Attorney's Office to prepare documents DENYING WITHOUT PREJUDICE SP-198. u CUQ. CO 00c C(U-o £ oo ex 0) 01C oV ITEM EXPLANATION This specific plan was originally accompanied by a 3/lot tentative tract map. The specific plan and the tentative map were denied by the Planning Commission at their February 18, 1987 meeting, where a number of projects that were on hold for a long period of time were also denied. The decision of the Planning Commission is final for tentative tract maps of 50 units or less unless appealed to the City Council. Applications for Specific Plans, such as SP-198 must go the City Council regardless if approved or denied by the Planning Commission. Specific Plan 198 was originally submitted in February, 1985. Shortly thereafter staff informed the applicant (County of San Diego) that the submittal was incomplete. The application did not include a signed Public Facilities Fee Agreement or a signed agreement to pay traffic impact fees and fees connected with the bridge and thoroughfare district. In addition there were a number of unresolved planning and engineering issues. Since the application- was incomplete and the applicant had not made any serious effort to process this project for the past six months staff took this project along with several other inactive projects to the Planning Commission with a recommendation of denial. No one appeared at the February 18, 1987 Planning Commission meeting to speak for or against the proposed project. After discussing the project the Planning Commission concurred with staff's recommendation and voted unanimously to deny SP-198 without prejudice. ENVIRONMENTAL REVIEW No environmental review was completed for this project because the application was incomplete and no effort was being made to complete the application or resolve planning and engineering issues. O ou Page 2 of Agenda Bill No. FISCAL IMPACT The increased need for City capital facilities resulting from this development will be offset by the payment of the public facilities fee. Any capital facilties related directly to this development will be constructed and paid for by the developer. Increased operating expenses related to this development will be offset to some extent from increased tax or fee revenue generated by the development. No detailed economic impact analysis of this development has been conducted at this time so predictions of the portion of operating expenses covered by additional operating revenue created as a result of this project cannot be made. PUBLIC FACILITIES ADEQUACY STATUS Traffic Impact Fee Bridge & Thoroughfare District Development Zone Citywide Facilities Plan - Required - Required 5 - Required EXHIBITS 1. Location Map 2. Planning Commission Resolution No. 2642 3. Planning Commission Staff Report, dated February 18, 1987 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 PLANNING COMMISSION RESOLUTION NO. 2642 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF SPECIFIC PLAN 198, FOR A 203 ACRE BUSINESS PARK. APPLICANT: FARADAY BUSINESS PARK CASE NO: SP-198 WHEREAS, a verified application for certain property, to wit Portions of Lots "A" and "B" of Rancho Agua Hedionda, according to Map No. 823, filed November 16, 1896, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of February, 1987, hold a duly noticed public hearing as prescribed bj law, to consider said request; and WHEREAS, at said public hearing, upon hearing and consider- ing all testimony and arguments, if any, of all persons desiring tc be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, th< Commission recommends DENIAL WTHOUT PREJUDICE of SP-198, based on the following findings and subject to the following condi- tions: li 2 3 4 I 5 6 i 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings; 1. The applicant is not actively processing the proposed project. 2. The application for the proposed project is incomplete. A Public Facilities Fee Agreement has never been submitted. 3. The proposed project has numerous unresolved Planning and Engineering issues. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of February, 1987, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN; Vice-Chairperson McFadden, Commissioners: McBane, Hall, Schramm, Schlehuber & Holmes. None. Chairman Marcus. None. JEANNE B. MCFADDEN Vice-Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMIfaLER PLANNING DIRECTOR PC RESO NO. 2642 -2- STAFF KBFOBY DATE: FEBRUARY 18, 1987 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: SDP 86-3 RANCHO LA COSTA PLAZA, V-374 ATLANTIC RICHFIELD, AND CT B5-12/SP-198 FARADAY BUSINESS PARK inactive projects. I. RECOMMENDATION It is recommended that the Planning Commission Adopt Resolution Nos. 2638, 2640 and 2641 DENYING WITHOUT PREJUDICE SDP 86-3, V-374, and CT 85-12 and Adopt Resolution No. 2642, recommending DENIAL WITHOUT PREJUDICE of SP-198 to the City Council based on the findings contained therein. II. INTRODUCTION At a previous meeting, staff informed the Commission that a number of inactive projects would be brought to the Commission with a recommendation of denial without prejudice. The projects discussed in this report have been in process for quite some time. All of these projects have serious design problems or deficiencies which prevent staff from recommending approval. Staff has made the applicants aware of these problems, but they have made little or no effort to resolve them. In addition, some of these applications are incomplete. Letters have been sent to all of the applicants informing them that their project has been scheduled for tonight's meeting with a recommendation of denial without prejudice. State law establishes time limits for the processing of projects submitted for City review. In an attempt to comply with this requirement and to clarify the City's records, staff is recommending that these projects be denied without prejudice. Normally, when a project is denied, the applicant must wait at least one year before proposing a similar project on the same property. A denial without prejudice will allow the applicant to submit a similar project on the same property without complying with the one year time limit. Project Description SDP 86-3 Rancho La Costa Plaza - Request for a Site Development Plan for 4.52 acre commercial development at the southeast corner of La Costa Avenue and Rancho Santa Pe Road in the P-C Zone. This project was submitted in April, 1986. An issue letter was sent to the applicant the same month. As proposed, the Engineering and Planning Departments have concerns with the proposed circulation, parking layout, and location of the drive- through. Probably the most significant problem is that this application is incomplete. This property is designated as Neighborhood SE-15 of the La Costa Master Plan. Neighborhood SE-15 consists of two parcels. The applicant's proposed plans only show development on one of these parcels. The other is designated, not a part. This is in conflict with the requirements of the La Costa Master Plan which requires that development plans for entire neighborhoods must be processed concurrently. They cannot be processed in stages. The one parcel that is being left out of this application is owned by an oil company. That parcel will probably be developed with a service station, and must gain access through the other parcel. The parking lot layout of the commercial project will greatly affect the operation of the gas station, so the entire site must be planned together. The applicant was made aware of these problems in April 1986, but has made little effort to work with staff to resolve these issues. It has been several months since the applicant has made a serious attempt to process this project. Therefore, staff recommends that this project be denied without prejudice. V-374 - Atlantic Richfield - Request for a variance to erect service station signs at the northeast corner of La Costa Avenue and El Camino Real in the C-2 Zone. This application was submitted in May, 1986. In June 1986, the applicant was sent a letter listing the Planning and Engineering Department's concerns. The proposed monument sign has an area of approximately 81 square feet, while the sign ordinance only allows 48 square feet. In addition, the proposed six-foot high sign is located within the triangular area created by the intersection of two property lines along the street and two points 25 feet behind each back of curb return. The sign ordinance permits a maximum height of 30 inches in this area. -2- As proposed, this sign could create a serious visual hazard to motorists at the intersection of La Costa Avenue and El Camino Real, a secondary and prime arterial respectively. Neither the Planning Department nor Engineering Department can support the requested variance. Staff has met with the applicant several times to discuss these concerns. However, no efforts have been made to redesign the proposed sign. In November 1986, staff sent a letter to the applicant giving him the options of withdrawal, redesign, or a recommendation of denial. Since we have had no response to this letter, staff is recommending that this project be denied without prejudice. CT 85-12/SP-198 - Faraday Business Park - Request for a 31 lot tentative tract map and Specific Plan on a 203 acre parcel east of the Carlsbad Safety Center. This project was submitted in February, 1985. Shortly after it was submitted, the applicant, the County of San Diego, was informed that the application was incomplete. The applicant did not submit a Public Facilities Fee Agreement or sign an agreement to pay traffic impact fees and fees connected with the bridge and thoroughfare district. In addition, there were numerous unresolved Planning and Engineering issues with the design of the proposed project. The applicant still has not signed and submitted the necessary agreements, or made a serious attempt to resolve the Planning and Engineering Department's concerns. Since the application is incomplete, and the applicant has made no attempt to process this application during the past six months, staff recommends it be denied without prejudice. In conclusion, the projects discussed in this report have been in for quite some time, have serious design problems, are incomplete, and are inactive. In an attempt to comply with state ordinances which set time limits for the processing of projects and to clarify the City's records, staff is recommending that they be denied without prejudice. Attachments 1. Planning Commission Resolution Nos. 2638, 2640, 2641, and and 2642 2. Location Maps 3. Disclosure Forms 4. Exhibits "A- - "C", dated April 4, 1986 Exhibits "A" and "B", dated March 19, 1986 Exhibit "A", dated May 31, 1985 MH:dm 1/20/87 -3- V... . __ GENERAL PLAN •ISIOINTIAl RL IOW DENSITY (0 111 RLM LOW-MEOIl M OENSIIV (l)-4)KM MEDIl M DENSITY «•»> RMH MEDIl M HIGH DENSITY (••!») RH HIGH DENSITY (H-JJ) COMMMCIAl RRI INTENSIVE REGIONAL RETAIL < If. PIlZl Camino RnJ) RRE EXTENSIVE REGIONAL RETAIL «f Ctl Counirr ClftfDld) RS REGIONAL SERVICE C (I IMMI MTV COMMERCIAL N NFK.IIRORHOOO COMMERCIAL IS IR.AVEL 'ERVICES COMMERCIAL II PROFESSIONAL RELATED f:»D ( ENTR.AL BI.SINESS DISTRICT PI PLANNED I.NDI STRLALG (rfrtERNMCNTFACILITIES I. PI SLIC I HLITIESRC RF< RFATION COMMERCIAL SCHOOIS E ELEMENTARY J JINIORHIGH M IIK.II « HOOL P PRIVATE OS OPEN SPACE NRJI NON RESIDENTIAL RESERVl ZONING RISIDtNTtAl f-C PLANNED COMMUNITY ZONl R-A RESIDENTIAL AGRlCllTlRALZONtRE Rl R.A1 RESIDENTIAL ESTATE ZONlR- 1 ONI FAMILY RESIDENTIAL ZONlR-I TWO-FAMILY RESIDENTIAL ZONIR 5 MI mpLE FAMILY RESIDENTUL ZONIR- JL I.LMITED MI in FAMILY RESIDENTIAL ZONI RO-M RESIDENTIAL DENSITY ML LHPLE ZONE RO-H RESIDENTIAL DENMn HIGH ZONE RMIIP RESIDENTIAL MOBILE HOME PARK ZONl R P RESIDENTIAL PROFESSIONAL ZONl RT RESIDENTIAL TCK. RIST ZONE RV RESIDENTIAL «ATE*WAY ZONE COMMIKIAl O OFFTCE ZONl C 1 NEIGHBORHOOD COMMERCIAL ZONl Cl GENERAL COMMERCIAL ZONE C-T COMMERCIAL TOLRBT ZONE C M HEAVY COMMERCIAL- LLMITED [MX STRLAL ZONl M LVDLSTRIAL ZONl P- M PLANNED 1NTX STRLAL ZONl OTMIB FP FLOODPLA1N OVERLAY ZONl 1C LIMITED CONTROL OJ OPENSPACI PL' H-BUC LTIUTY ZONl FARADAY BUSINESS PARK 1 n /I /Ijn \i City of Carlsbad CT85-12/ SP-198 COUNTY OF SAN DIEGO - AGENDA ITEMS 'TO: BOARD OF Supervisors (A45) FROM: Director, Department of Public Works (0332) MEETING DATE SUBJECT March 16, 1982 • Solid Waste Status Report PREVIOUS RELEVANT BOARD ACTION: -^ / ^-V bt( -58 ) REFERRAL DATE: O YES March 4, 1982 (±3 NO | SUPV. DIST: Al RECOMMENDED ACTION: 1. Approve the attached listing of object purposes for inclusion in the Solid Waste Enterprise Fund Program. 2. From the five options described in the discussion, select and approve Option I, II, c III as the 1982-83 spending plan for the Solid Waste Enterprise Fund. 3. Reconsider, and confirm or change your Board's policy direction that 40% of the Solid Waste Program expenditures for the Interior Zone shall be supported fron General Fund revenue sources. 4. Approve the transfer of all landfill lands and leases fron the General Fund to the Solid Waste Enterprise Fund, and direct the Department of General Services to document and process the required transfers. SUMMARY OF REQUEST/REPORT: "~~~~~ ~ 1. The object purposes identify elements of the Solid Waste Program to be included in the Solid Waste Enterprise spending plan. 2. The selection of an option will give policy direction as to the level of funding your Board desires to approve for the purposes stated in the options. It will determine whether your Board will increase fees for Fiscal Year 1982-83. 3. Your policy directi-on will determine the .extent to which the General Fund will provide -funds for the Interior Zone during FY 1982-83. 4. This action will complete the accounting transfers necessary for the Solid Waste Enterprise Fund established by your Board on January 12, 1982 (71). D ORDINANCE RESOLUTION [CITIZENS COMMITTEE STATEMENT D YES BNO 1 D CIVIL SERVICE APPROVAL NEEIP AGREEMENT/CONTRACT NO. APPROVED BY COUNTY COUNSEL AS TO LEGALITY DYES (3 NOT APPLICABLE D STANDARD FC: FUNDING SOURCES: Solid Waste Enterprise Fund CURRENT YEAR COST: $9,580,358 ANNUAL COST: $9,580,358 BUDGETED: 0 YES C! WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NO B IF YES. STATE NUMBER PERMANENT TEMPORARY ....OTHER. BOARD POLICY{l£S) CONTRACT REVIEW PANEL ACTION O APPROVED D DISAPPROVED K&IGT APPLICABLE O AUDITOR APPROVED CONCURRENCES (If Applicable) D OMB APPROVED D CAO APPROVED Race N. Wilt CONTACT PERSON PHONE AND MAIL STOP . AUTHORIZED REPRESENTAT!' CHIEF ADMINISTRATIVE OFFICER REFERRAL: DATE ASSIGNED ._AGENQA LEAD ASSIGNEE OTHER ASS,GNE6 REPORT DUE TO BOARD OF SUPERVISORS D YES D NO DUE DATE TITLE: TEXT: Attachments:A. Table of Options for Solid Waste Program 3. List of Solid Waste Properties to be Transferred to the Solid Waste Enterprise Fund CAO (A6) DCAO (A249) County Counsel (A12) OMB -(A214) Auditor/Controller (A5) General Services (0360) RJM:RNW:ck BOARD OF SUPERVISORS INFORMATION DEVELOPMENT FORM SUBJECT: Solid Waste Status Report ADDITIONAL INFORMATION: FISCAL IMPACT STATEMENT 'Program: Solid Waste Remarks: Recommendation No. 1 * No Fiscal Impact Recommendation No. 2 Option I -- Existing fee structure adequate to fund in 1982-S3 Option II -- Existing fee structure adequate to fund in 19S2-S5 Option III -- Existing fee structure adequate to fund in 19S2-S3 Option IV -- Will increase Solid Waste Program costs by about $1,352,000 in 1982-83 and will require a 16% increase in tipping fees. •' . . Option V -- Will increase Solid Waste Program cost by about $2,032,000 in 1982-85 and will require a 24% increase in tipping fees. Recommendation No. 5 If your Board continues General Fund support to pay for 40% of the Interior Zone costs, the cost to the General Fund will be $320,000. Recommendation No. 4 No Fiscal Impact r^T Discussion; 1. OBJECT PURPOSES The following list of object purposes identifies the activities which the Department recommends be included in any Solid Waste annual work program: 100 ACTIVE LANDFILLS 200 HAZARDOUS WASTE 300 COMPLETED LANDFILLS 400 COMPLIANCE 500 TRANSFER STATIONS 600 RURAL CONTAINER STATIONS 700 RESOURCE RECOVERY 800 PROGRAM DEVELOPMENT 900 OTHER 999 CONTINGENCY/RESERVES A description of these object purposes follows: 100 ACTIVE LANDFILLS Includes all the costs of operating the six active landfills in San Diego County. The costs occur in five categories: 1) Landfill operations contract payments for 1982-83. 2) Betterments at the landfills not covered by the operating Contract, but done by contract. 3) Fee collection by County, including Revenue and Recovery. 4) Public Works Department administration, inspection, and engineering. 5) External costs expended by other County departments (formerly allocated but now direct charges). 200 HAZARDOUS WASTE Covers the costs of laboratory analyses of hazardous waste spills when needed, The enforcement of hazardous waste regulations is not funded in this program. 300 COMPLETED LAKDFILLS Provides for engineering, monitoring, and maintenance of eight (8) completed landfills in San Diego County for the prevention of erosion, detection and control of methane and leachate, and other maintenance needs. 400 COMPLIANCE SERVICES Covers inspection of more than 300 collection and transport vehicles of 24 companies for conformance with all collector franchise and licensing require- ments of the Solid Waste Ordinance. The activity also provides for investigation of illegal dumping, and enforcement of other pertinent regulations, 500 TRANSFER STATIONS With the closing of operations at the Palomar Shredder and Transfer Station, lease payments-, interim maintenance, and security will continue. It will be necessary to find alternative uses for the facility or to complete a dis- mantling and salvage process. The largest portion of the continuing cost is for lease payments for land ($124,000). Costs for various options at Palociar are shown later in this letter. • ' • 600 RURAL CONTAINER STATIONS Provides the costs associated with the maintenance of the ten rural container stations in the eastern section of the County (interior Zone), and for the contracts for pickup and hauling the waste from these stations to County land- fills. Expenditures include the hauling contracts, landfilling payments, fee collection, operational maintenance at the sites, administration, engineering, and external costs. 700 RESOURCE RECOVERY Administering the resource recovery aspects of the Solid Waste Program, including current contracts, the El Cajon facility, and continuing efforts to promote recycling and recovery activities. The El Cajon facility will require maintenance and continuing lease payments ($30,000) until an alternate new use is approved, or until the plant is dismantled and the property returned to the City of El Cajon. 800 PROGRAM DEVELOPMENT ' ! Identifying and developing new and replacement waste disposal facilities, capital improvement needs, including design contracting and construction, and current contracts. The activity also includes all local, regional, state and Federal intergovernmental coordination required for the projects, maintenance and updating the Solid Waste Management Plan, environmental impact statements, permit acquisition, public education, litter abatement, legislative analysis, and Enterprise Fund budgeting and accounting responsibilities to meet Divisional needs. 900 OTHER COSTS Fixed assets and equipment contributions. 999 CONTINGENCY AND RESERVES • The Solid Waste Enterprise Fund requires contingencies and reserves. The major operating contingencies are: 1) Unexpected fluctuations in waste volumes resulting in either (a) high contract payments for landfill operations, or (b) loss of revenue fron fees. 2) Unexpected liabilities associated with the Solid Waste Program in general and the landfill activities in particular. 3) Potential unidentified major expenditures for leachate and/or methane control at active or completed landfills. 4) Hazardous waste cleanup at landfills (some County costs, sorae contractor costs). 5) Potential need to pay for the dismantling and/or salvaging of the El Cajon Resource Recovery facility and the Palomar Transfer Station. 6) To set aside funds for maintenance of completed landfills which can be foreseen in general but are not quantifiable. 7) Salary increases.in enterprise funds are not recovered from the General Fund, and must be provided within the Enterprise Fund. The major reason for capital reserves is to set aside funds for -future capital costs associated with new landfills or replacement facilities, including potential funding for resource/energy facilities. Your Board may increase reserves when necessary to support acquisitions or programs^ Increases in reserves could require increases in tipping fees. DEPARTMENT RECOMMENDATION: THE DEPART>ENT RECOMMENDS THAT YOUR BOARD APPROVE THE LIST OF OBJECT PURPOSES FOR INCLUSION IN ALL SOLID WASTE ENTERPRISE FUND SPENDING PLANS. 2. SELECTION OF OPTION Five options follow. . The options show different levels of spending within the Solid Waste Enterprise Fund for Fiscal. Year 1982-83. The selection of an option by your Board will determine whether the Solid Waste Program will'continue to be funded with the existing tipping fee structure, or with increased tipping fees. The options are identified by various possible actions concerning the Palomar Transfer Station. Attachment A shows each option with its estimated cost and resulting impact on tipping fees. Moneys Available for Options Six Sources - The Solid Waste Enterprise Fund has six sources of available funding: 1) Fund balance from prior year - consists of residual monies transferred in 1981-32 for fund operation plus savings if any from expenditure variations in the 1981-32 spending plan. 2) Revenues from the existing tipping fees. 3) Revenues from any tipping fee increase adopted by the Board of Supervisors. 4) Revenues from permits and inspections. 5) Revenue from resource recovery when available. 6) General Fund support as may be approved by the Board of Supervisors. With the exception of Item No. 6, the amount of the above funding sources could vary depending on contingencies, actual expenditures, and changes in economic conditions. A reasonable allowance for these variations is plus or minus ten percent (+10%). Equipment Sales - Revenues from the sale or use of solid waste equipment are not available to the Solid Waste Enterprise Fund options. They are accounted for separately in the Internal Service Fund (ISF) for equipment. The Contractor has selected and purchased two (2) pieces of solid waste equipment formerly operated by the County at the landfills, for $54,000. The remaining pieces which have been withdrawn from service will be offered for sale. The revenues from the sale will accrue to the ISF. Necessary expenses in the sale of the equipment will include trans- port to the site of sale, cleaning, minor servicing, and detailing for the sale. Some vehicles remain in County service for inspection and other retained activities. Option Descriptions for Activity Level at Palomar Transfer Station A brief description of each option follows. Costs are shown on Attachment A. OPTION I - SALVAGE This option anticipates terminating all operations at the Palonar Transfer Station, and providing funds only to maintain security and make lease payments until the plant is dismantled and salvaged and the property vacated^ About 3/4 of a staff year, including clerical assistance, is assigned to implement this Option. Lease payments continue until the land is vacated. External costs would also apply to the process. The expenditures shown do not allow for the possibility that the County may have to pay to clear the land; that is, a potential negative salvage value. DEPARTMENT ACTION: IF YOUR BOARD ADOPTS OPTION I, THE DEPARTMENT T5WILL NOTIFY BROWNING FERRIS INDUSTRIES TO CEASE OPERATIONS ON JULY 1, 1982, AND WILL NEGOTIATE THE CANCELLATION OF THE CONTRACT, AND 2) WILL PREPARE AN INVITATION TO BID FOR THE SALVAGE OF THE FACILITY AND CLEARING THE SITE. OPTION II - RFI&Q This option anticipates the termination of all operations at Palomar Transfer Station. However, rather than salvaging or clearing the land, the time of the 3/4 staff year and external costs would be directed toward identifying and implementing other potential uses. County lease payments and naintenance will continue under this Option for as long as the County occupies the land. • DEPARTMENT ACTION: IF YOUR BOARD ADOPTS OPTION II, THE DEPARTMENT 1) WILL NOTIFY BROWNING FERRIS INDUSTRIES TO CEASE OPERATIONS ON JULY 1, 1982, AND WILL NEGOTIATE THE CANCELLATION OF THE CONTRACT, AND 2) WILL PREPARE A REQUEST FOR INTEREST AND QUALIFICATIONS (RFI&Q). FOR USE OF THE FACILITY. FURTHER ACTION WILL DEPEND ON THE RESPONSE TO THE RFI&Q, AND MAY INCLUDE THE PREPARATION AND ISSUANCE OF A BID OR PROPOSAL DOCUMENT FOR THE PROPOSED USE, LEASE, OR SALVAGE. OPTION III - LEASE This option would -terminate all County operations at Palonar Transfer Station. The Department"would inaaediately prepare an Invitation for Bid (IFB) for the private lease of the facility. In this option, the time of the 3/4 staff year and external costs would be assigned to the preparation and processing of the RFP, negotiation of a lease, and implementation of the proposal covered by the lease. Lease payments would continue by the County until assumed by the .successful lessee, if any. If an appropriate lease agreement could not be reached, the County could then salvage under Option I. DEPARTMENT ACTION: IF YOUR BOARD APPROVES THIS OPTION, THE DEPARTMENT 1) WILL NOTIFY BROWNING FERRIS INDUSTRIES TO CEASE OPERATIONS ON JULY 1, 1982, AND WILL NEGOTIATE THE CANCELLATION OF THE CONTRACT, AND 2) WILL PREPARE AN INVITATION FOR BID (IFB) FOR THE PRIVATE LEASE OF THE FACILITY. IF NO ACCEPTABLE BIDS ARE RECEIVED, THE DEPARTMENT WOULD PROCEED WITH A SALVAGE CONTRACT. OPTION IV - TRANSFER ONLY This option provides for continuing operations at the Palooar Transfer Station, but as a transfer station only. The shredding operation would be discontinued. On February 26, 1981, representatives from the Department of Public Works, Browning-Ferris Industries, and North County cities and haulers held a meeting to discuss a separately funded alternative for operation of the Palomar Transfer Station. BFI presented cost/ton estimates for providing "transfer only" service at the Palomar facility. Based on a minimum daily tonnage of 750, this service would run $6.35/toni The BFI Contract anniversary date is October. BFI estimates the cost/ton will be $6.90 after that time. Assuming 5 days/week operation at 750 tons/day, the annual contract cost for this operation would be approximately $1,332,000. This does not include approximately $175,000 for contract management, fee collection, and lease payments, all of which would continue as at present, as shown in Options I, II, and III. This option requires a tipping fee increase of 16%. DEPARTMENT ACTION; IF YOUR BOARD APPROVES THIS OPTION, THE DEPARTMENT 1) WILL NEGOTIATE A CONTRACT CHANGE ORDER WITH BROWNING FERRIS INDUSTRIES AND 2) WILL PREPARE A RESOLUTION FOR YOUR BOARD TO INCREASE TIPPING FEES BY 16%. OPTION V - NO CHANGE This option would continue the existing contract for shredding and transfer at the Palomar Transfer Station. This option requires a tipping fee increase of 24%. DEPARTMENT ACTION: IF YOUR BOARD ADOPTS THIS OPTION, THE DEPARTMENT WILL PREPARE A RESOLUTION FOR YOUR BOARD TO INCREASE TIPPING FEES BY 24%. Surcharge at Palomar Transfer Station (Option's IV & V) If your Board selects either Option IV or Option V, i.t would be possible to attempt to recover all or a portion of the added costs by imposing a. surcharge on all refuse delivered to the transfer/shredding station. Total recovery would be impractical. To add $6.35/ton to the existing fees would price the operation out of business. Partial recovery at a modest surcharge of say, $3.00/ton, could produce about $500-$550,000 annually. The $3.00 surcharge represents the approximate cost to collectors/haulers to make the 16-nile round trip from the transfer station to the San Marcos Landfill. Any surcharge would reduce tonnage delivered to the station, possibly below the 750 daily minimum required by BRI for its quoted processing rates. In any event, surcharge revenues would not cover additional costs. A subsidy would continue to the extent of the shortage. DEPARTMENT RECOMMENDATION: THE DEPARTMENT DOES NOT RECOMMEND A SURCHARGE FOR PALOMAR TRANSFER STATION. DEPARTMENT RECOMMENDATION: (OPTIONS): THE DEPARTMENT RECOMMENDS THAT YOUR BOARD SELECT FROM OPTIONS I, II, OR III, ALL OF WHICH CARRY ABOUT THE SAME COSTS, AND ALL OF WHICH ANTICIPATE NO FEE INCREASE AND NO GENERAL FUND SUPPORT. NOTE: OPTION I - SALVAGE can commence immediately. OPTION II - RFI&Q will require a longer period of time than either Option I or Option III OPTION III - LEASE eliminates the RFI&Q process of Option II, and therefore should be completed sooner than Option II. 3. GENERAL FUND SUPPORT FOR INTERIOR ZONE ( On May 19, 1980 (62), your Board set a policy that the General Fund impact of the Solid Waste Program be reduced over a period of three years, and become funded totally from other sources, with the funding in 1932-83 to be 60% tipping fees and local sources, and 40% General Fund. According to this policy, the proposed General Fund support for FY 1982-83 would be 40% of the Interior Zone costs. As proposed in the 1982-83 program, the total Interior Zone costs would be about $900,000. Revenues from the sites where fees are collected are estimated at $102,000. 40% of the remaining net costs would be about $320,000. None of the options include or anticipate any General Fund support for any Solid Waste costs. If your Board were to continue General Fund support in the above amount of $320,000, this amount would be added to the funds available to the program. DEPARTMENT RECOMMENDATION; THE DEPARTMENT RECOMMENDS THAT YOUR BOARD NOT PROVIDE ANY GENERAL FUND SUPPORT FOR THE SOLID WASTE ENTERPRISE FUND FOR FISCAL YEAR 1982-83. 4. TRANSFER OF LANDFILL LANDS AND LEASES The transfer of all solid waste landfill lands and leases from the General Fund to the Solid Waste Enterprise Fund is necessary to ensure that all revenues generated from the use of these lands accrue to the Enterprise Fund, thus helping to maintain the independence of Solid Waste costs from General Fund support now and in the future. The land at the Palomar Transfer Station and at the El Cajon Resource Recovery Facility is owned by other agencies and would not be subject to the transfer. • The attached listing (Attachment B) identifies the subject parcels according to records in th eDepartment of Public Works. It will be reviewed for com- pleteness and accuracy by the Real Property Division prior to actual documented transfers.. DEPARTMENT RECOMMENDATION; THE DEPARTMENT RECOMMENDS THAT YOUR BOARD APPROVE THE TRANSFER. ATTACHMENT A .0 200 300 400 500 600 700 800 900 999 SOLID OBJECT PURPOSE ACTIVE LANDFILLS HAZARDOUS WASTE COMPLETED LANDFILLS COMPLIANCE TRANSFER STATION RURAL CONTAINER STATIONS RESOURCE RECOVERY PROGRAM DEVELOPMENT OTHER SUBTOTAL OPERATING CONTINGENCY CAPITAL RESERVE TOTAL FUNDS AVAILABLE TIPPING FEES OTHER FUND BALANCE GENERAL FOND SUPPORT TOTAL WASTE ENTERPRISE SPENDING PLAN OPTIONS OPTION I OPTION II OPTION III 5,320,000 * 1,000 458,000 252,000 175,000 899,00.0 294,000 444,000 29,000 ' 7,872,000 787,000 890,000 -9,549,000 9,549,000 9,549,000 8,500,000 59,000 990,000 -0- 9,549,000 9^549,000 9,549,000 OPTION IV OPT 10^ W ', * 1,507,000 2,207,000 ^j>£f2i^ ( <-, 7 oo.*" - 7#7' * •"/ 'J '" 9,204,000 9,904,000 10,881,000 11,531,000 9,832,000 10,552^0 10,881^000 11.5S1.0CO % INCREASE IN TIPPING -0- -0- -0- +16% +24% FEES *FIGURES OMITTED IN OPTIONS II THROUGH V ARE IDENTICAL TO OPTION I. FOOTNOTES OPTIONS I, II AND III MAY BE FUNDED ENTIRELY WITHIN THE EXISTING TIPPING FEE STRUCTURE, AND DO NOT REQUIRE GENERAL FUND SUPPORT OR AN INCREASE IN FEES. OPTION IV ASSUMES OPERATION OF PALOMAR TRANSFER STATION AS A TRANSFER FACILITY ONLY, FUNDED BY AN INCREASE IN TIPPING FEES OF 16%. OPTION V ASSUMES FULL OPERATION OF PALOMAR, BOTH SHREDDING AND TRANSFER AS AT PRESENT, FUNDED BY AN INCREASE IN TIPPING FEES OF 24% I t •3' COUNTY OF SAN DIEGO - AGENDA ITEMS TO: BOARD 0F..Supervisors (A^ FROM: Director, Department of Public Works (0332)DATE: January 25, 1982 MEETING DATEFebruary 2, 1982 SUBJECT Solid Waste Program PREVIOUS RELEVANT BOARD ACTION: 4/ 22 / 81 (31 ) | REFERRAL Q YES :. ..-•;.-„ X3 NO | SUPV. DIST: 2,5 1. Direct that the Palomar Transfer Station cease operations effective July 1, 1982. 2. Approve for circulation the attached Request for Interest and Qualification (RFI§Q) for Operation of the El Cajon Resource Recovery Demonstration Facility and the Palomar Transfer Station. . • In the event of negative response to the RFISQ, direct the* Department of Public Works, to begin salvage of the El Cajon and Palomar facilities and terminate leases therefor. SUMMARY OF REQUEST/REPORT: Your Board has expressed concern about further expenditures of County funds for the inactive El Cajon Resource Recovery Demonstration Facility. You have also directed the Department of Public Works to explore alternatives for the Palomar Transfer Station. The recommended action is intended to offer the County an opportunity to receive revenue from these two facilities. We believe this approach will be seen as an attractive opportunity especially in light of the advantages offered the private sector in the Economic Recovery Act of 1981. If response to the requests is negative, the Department of Public Works will then commence salvage and lease termination for both facilities. These steps will be made within this Fiscal Year. However, they may not be completed until early in FY 82-83. D ORDINANCE D RESOLUTION [CITIZENS COMMITTEE STATEMENT XI YES DNQ DAGREEMENT/CONTRACT NO.| D CIVIL SERVICE APPROVAL NEEDED APPROVED BY COUNTY COUNSEL AS TO LEGALITY DYES JOCNOT APPLICABLE D STANDARD FORM FUNDING SOURCES:CURRENT YEAR COST: $1,886,032.00 ANNUAL COST: $1,886.032.00 BUDGETED: EKYES D NO WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NOH IF YES. STATE NUMBER PERMANENT TEMPORARY OTHER. BOARD POLICY(IES) APPLICAB 1-76 CONTRACT REVIEW PANEL ACTION ' D APPROVED D DISAPPROVED D NOT APPLICABLE CONCURRENCES (If Applicable) D AUDITOR APPROVED O OV.3 APPROVED APPROVED Sharon J._ Reid _,. CONTACT PERSON .5.05-.3987..... PHONE A\D MAIL STOP DEPT. AUTHORISED REPRESENTATIVE Attachement J. MASSMAN, Director Department of Public Works ATTACHMENT DISTRIBUTED T01.EACH BOARD MEMBER, CAO, COUNTY COUNSEL AND ON FILE IK THE OFFICE OF THE CLERK OF THE BOARD. SUBJECT: REQUEST FOR INTEREST AND QUALIFICATIONS ADDITIONAL INFORMATION: Palomar Transfer Station The Palomar Transfer Station was built in 1979 to shred solid-waste, recover ferrous metal and transfer the shredded waste to the San Marcos Landfill. The facility was necessary in order to extend the life of the San Marcos Landfill. Shredding reduces the volume of solid waste. Shredded waste does not require daily cover material which further extends the site's life. The compaction equipment required in the landfill contract will provide volume • reduction which equals that achieved by shredding. The Palomar Transfer Station as presently configured is no longer necessary. The facility was designed to provide additional resource recovery capability. Prior to closure and salvage of the plant, private sector interest in acquisition for use as the front end in an energy recovery process should be sought. The Palomar Transfer Station Contract provides that "if for any fiscal year of this contract said Board of Supervisors fails to appropriate or allocate funds for periodic payments for the oppration and maintenance services under this contract, County may, upon 30-day written notice to the Contractor, terminate this contract." Unless otherwise directed, we will serve such notice to the Contractor on June 1, 1982, El Cajon Facility The El Cajon Resource Recovery Demonstration Facility was established to test a flash pyrolysis process developed in 1972 by Occidental Research Corporation. The project demonstrated that the experimental technology was not viable. Information gained from the demonstration has been used by the SANDER Task Force in defining their project. The El Cajon Project has also been of benefit to resource recovery projects throughout California and the nation. The El Cajon Facility is located on 5.25 acres leased from the City of El Cajon. The lease expires November 30, 1983. In recognition of the plant's inactive status, the City has agreed to a 50% payment of the 1978 market value of the land. The City of El Cajon is anxious to begin receiving full market value for this property. The County of San Diego invested $2 million in the $14.3 million effort. The settlement agreement-with Occidental Research Corporation allows the County to sublease, sell or salvage the entire project. ATTACHMENT 1 SUMMARY ' The Economic Recovery Act of 1981 offers many incentives to the private sector to invest in capital intensive projects. Both the El Cajon and the Palomar Transfer Station could prove to be attractive opportunities. The attached Request for Interest and Qualifications (RFI5Q) identifies the County's objectives in offering these facilities and the conditions specific to each site. This represents Phase One of the process. After evaluation, only qualifying firms would be sent a Request for Proposal for the Operation and/or Acquisition of the facilities. Should the response to the first phase solicitation be negative, however, the Department will begin appropriate lease termination and salvage of the facilities. OTHER SOLID WASTE PROGRAM CONCERNS Several other Solid Waste Program policy issues have been identified. Issues other than the El Cajon and Palomar Transfer Station are not as time sensitive. They will be discussed in depth in a March Board letter. These issues include: 1. Sycamore Gravel, Asphalt, Concrete; On recommendation of the Ad Hoc Committee on Landfill Operations, development of gravel, asphalt and/or concrete recovery projects was excluded from the Landfill Contract. A proposed contract for gravel mining will be included with the March report. 2. Resource Recovery at Landfills: The Herzog Contract includes rights to resource recovery at the landfills.The Contract requires a plan be submitted to the Director. Initial discussions have focused on developing a methane recovery program. 3. Program Financing: Landfill Acquisition. No new landfill sites have been acquired since 1976. We are currently using approximately 2-1/4 million cubic yards of capacity annually. There is an immediate need to provide a replacement facility for the Bonsall Landfill and an additional facility in the southeast quadrant of the Interior Zone. Maintenance for Completed Landfills. Landfilling of Solid Waste is not true disposal.The organic materials in the waste stream decompose. The County retains responsibility for proper and constant monitoring. Without a maintenance program, settlement, methane migration and leachate can become threats to the public health and safety. Methods of Financing. Your Board has recognized the need to earmark funds for future equipment acquisition should the County need to get back into disposal operations. Perhaps a similar fund for future solid waste facility acquisition and ongoing maintenance should be established. ATTACHMENT 1 Page 2 PALOMAR TRANSFER STATION - HISTORY During consideration of the contract operation of the County's landfills, the Ad Hoc Committee on Landfill Operation recoinmended that consideration be given to the closing of the Palomar Transfer Station, located on a 22-acre site in the City of Carlsbad. The 800-ton capacity Palomar Transfer Station receives and shreds refuse and recovers ferrous metal. The shredded material is transferred a distance of seven miles to the San Marcos Landfill. Under special permit from the State Solid Waste Management Board, the shredded waste does not require daily cover. Cover material at the San Marcos site is scarce. Volume reduction through shredding, plus not having to cover daily extends the life of the site .seven to ten years. This was important since the other North County landfill, Bonsall, also had a limited life-span. The landfill contract awarded by your Board includes a compaction requirement. The compaction ratio achieved with this equipment balances the volume reduction achieved by shredding. Built in 1978 with a $4.1 million Economic Development Agency grant, the Palomar Transfer Station was designed to accommodate a resource recovery process. Staff believes that there would be private sector interest in developing this energy recovery potential. EL CAJON RESOURCE RECOVERY DEMONSTRATION FACILITY - HISTORY On April 21, 1981 (31), your Board approved a final Compromise and Settlement Agreement with the Occidental Research Corporation for the El Cajon Resource Recovery Demonstration Facility. The Agreement allows your Board to operate the facility, sub-lease the operation, or sell the facility with certain conditions. The El Cajon Resource Recovery Facility is located on S.2S acres leased from the City of El Cajon. The Demonstration Project was designed to test a 200 ton per day experimental pyrolysis process. The facility consists of an administration center, the pyrolysis unit, a glass separation process, aluminum and ferrous metal recovery, a storage floor, a tipping floor, a maintenance shop, and a laboratory. The project demonstrated that flash pyrolysis was not a viable technology for energy recovery from municipal solid waste. Lessons learned from the demonstration have been applied to the SANDER Project locally, as well as resource recovery projects throughout the nation. In April, your Board authorized the Solid Waste Division to work with San Diego State University on developing the El Cajon Plant as a solid waste research center, Initial interest was received from the United States Department of Commerce for funding a research center. Similar interest was expressed by the State Solid Waste Management Board. San Diego State University's Department of Engineering developed an unsolicited proposal as a result of this interest. Unfortunately, a funding offer has not been made. ATTACHMENT 2 EL CAJON RESOURCE RECOVERY DEMONSTRATION FACILITY - HISTORY (Continued) Sized for the waste from the City of El Cajon, conveniently located.seven miles from the Sycamore Landfill, the facility could provide an opportunity for a resource recovery project using a proven technology such as incineration. The El Cajon Plant has received continuing attention from the private sector. Much of the facility can be utilized for solid waste processing. The in-place capital investment, plus the fact that the plant held operating permits, make it an attractive opportunity. REQUEST FOR INTEREST AND QUALIFICATIONS (RFISQ) PROCESS In order to determine private sector interest in either of these facilities, staff recommends a two-step process. The attached Request for Interest and Qualifications (RFI§Q) Is step one. It would be advertised in professional publications and sent to parties which have expressed interest in the facility. Based on the responses to the Request for Interest and Qualifications, a Request for Proposal would be brought to your Board for approval. Upon completion of the Request for Proposal process, a contract would be awarded. Staff estimates this two-phase process could be completed by the end of this fiscal year. This two-phase process will allow evaluation of the private sector's interest in the facility. Should there be no interest, salvage operations and termination of the lease can be initiated at the end of phase one. This determination should be made before the start of FY 1982-83. ATTACHNENT 2 Page 2 BOARD OF SUPERVISORS INFORMATION DEVELOPMENT FORM SUBJECT: Request for Interest and Qualifications ADDITIONAL INFORMATION? FISCAL IMPACT *None as a result of this action. The FY 82-83 Solid Waste Program budget will not include -$2.0 million for thePalomar Transfer Station operation. Additional fiscal impact will occur when a private sector contract is awarded as a result of this process or salvage of either of the facilities is initated. The Public Works Advisory Board will consider for further review, this item at their January 28, 1982 meeting. OEDICATED TO A CONTINUING RURAL ATMOSPHERE May 5. 1982 20652 Elfin Forest RdEscondido, Ca 92025 City of San Marcos City Administration Bldg San Marcos, Ca ATTNi PUBLIC WORKS DIRECTOR Gentlemeni We understand that the county is planning on closing the Palomar Transfer Station in the near future* In the past we hare expressed our deep concerns over the safety and maintenance of Questhaven road to the land- fill site* We have also expressed our concern over the safety of the Rancho Santa Fe and Questhaven Inter- section and off-road illegal dumping in the area*,. / .., We believe that if the transfer station is closed* significant adverse Impacts will result in the above mentioned areas* These Impacts are not acceptable to our community and should be mitigated prior to any action by the county. Terms of the special use permit should be reviewed in view of the "change of condition*" We express our concerns via this letter and-expect the city of San Marcos and the County to take no action on the transfer station until the Impacts of this change have been studied* Respectfully, STEVE SMITH Vice-chairman Board of Directors oe Clerk of the Board Supervisor Bokart Tax Payers Association -N C-i'f- .»''_..-.-,.< • • 1 . I ' 4 5 6 7 8 9 10 11 12 14 15 18 17 18 • . *V • Jv- -*v * ' ™™.. .,-Q., ^ ;• ._ OANT AND ASABO ATTORNBYS AT LAN Suit* 330 Union Bank Building 525! -B- Street Baai Diego, California 92101 Telephone t (714) 234-2211 Attorney* for Debtor UNITED STATES SOUTHERN DI8TK — < In the Matter of ) NORTH COU NT I lUVE&inuiia, • T.<H«»4»1 »»T-«-n»i-*>i4pr Debtor. . > At San Diego, in si January, 1974. : The Application of ,.**. >»-•••• <•*- « T«"o * ETinrD 'JAN9 «W 1 BANKJtUPTCY JUOGC 8AM WOO; CALIFORNIA DISTRICT CUURT CCT OP CALIFORNIA toOOO In Proceedings for a Real riupei Ly Arrangement NO. 73-2105-K ORDER ADTBORISING SALE OP PROPERTY PREE AND CLEAR OP LIENS lid district, on the 9th day of NORTH COUNTS INVESTMENTS, a Limited Partnership, and Debtor herein, filed on the 28th day of Decem- 20 I ber, 1973, that said Debtor be authorized to sell to the County 21 of Sett Diego, the subject property free and clear of liens, and the Supplement thereto, filed on the 3rd day of January, 1974, having COBS on for hearing before me, of which hearing notice 24 va* given tot County Tax Collector} Lloyd B. Craybiel, Esquire 25 of Long « Levit (Attorneys for American Guaranty Life Insurance 28 Compmny)i Seltzer, Caplan, Wilkina and McMahoni William Tavisj 27 Office and Industrial Space Guide i American Guaranty Life In- surance Company; William C.H. Chung, Trustee} Robert P. Lowell, 2i Esquire of Lowell, Hicks, Prahl and Jones (Attorneys for William 30 C.H, Chung, Trustee)j Planning and Environmental Analysis Kon- jj sultants; and Associated Engineers by placing a true copy there- of in a keeled envelope, with postage thereon fully prepaid, in -i- UM UniUd BtatM Mil at 0M OU«o* California,afUir 8 4 5 a •f ' 8 9 10 11 IS 28 14 26 16 17 18 29 20 21 27 28 29 80 81 821 hearing , tham teing no opposition th«r*toi Md UM Court IwivUf *found that UM aalo of aaid roai propMrty la U tho bMt lute*froat of tho eraditora of thia aatat* and will protact UM Uta* f raata of tha paada of Truat and tax I Ian haxaini it ia teraby anauoD, ADJUDGED AMD DI (1)1 THAT I MORTH COOMTY ZMV1 ra, a Uaitad Partaar- •hip, tha Dabtor harein, ba and haraby ia, author iaad to aall. tho aubjaet roal propacty froa and elaar of tha Daada of Truaet of ftnwinin Ooaxanty I>ifa Zaaaraaoa Conpany and MilXiaa C.H. Chung* Truatoa, at a aala arrangad by tha Dabtor to tha County of Ban Dlago, SS55 Ovarland Driva, San Diogo, California, for i $1,500,000.00 eaah, in accordance with tha rulaa of tha Court, oa tho following tarn* and conditional (2) THAT: Tha Daad of Truat of Aaarican Guaranty tif • Znauraaoa Coapaay b« and tha ••»• hereby i> tranaf erred to tha eaah proceeds raalizad at tha sale of the subject realI property. f (3) THATs The Dead of Trust of William C.B. Chung, Truatoa, dated tha 9th day of June, 1971, securing a promissory note in the amount of $670,000.00, ba and hereby ia, tranaf erred to tha eaah proceeds realized at tha sale of the subject real (4) THAT i In no event shall the escrow to sell the said real property elose nor shall said real property be rendered i fro* and elaar of any said liens of Deeds of Trust until the County of San Diego, serving as escrow holder, holds, subject only to tha orders of this Court, cash in the amount of at least 11,500,000.00, (5) THATc When the escrow holder, the County of Ban Diego, holds at least $1,500,000.00 cash, in connection with sale of the real property described in Exhibit "A" , a copy -2- X t s 4 5 6 1 a • 10 U 12 18 14 16 16 17 18 19 20 a £4 25 25 27 28 29 80 81 U IWMJC of which is attached hereto and incorporated herein by reference it be and hereby In, authorised and directed to disburse forth- with at the close of the sale ••crow, each proceed* as follows* American Guaranty Lite Insurance Company (a) $300,000.00 unpaid principal balancei (b) $17,500.00 interest on the unpaid balance fro* June 16* 1973 through January IS, 1S74 (at ten percent (10%) per annum* amounting to a rate of $13.33 per day). (o) Interest at the rate of $83.33 per day, eomstencing on January 16, 1974 and continuing to and including the date eaid creditor or attorney for said creditor, receives the cash pro- ceeds oa its Deed of Trust. William C.H. Chung, Trustee (a) $670*000.00 unpaid principal balancei (b) $173,093.00 interest on unpaid balance from June 16, 1971 through January IS, 1974 (at ten percent (10%) per annum amounting to a rate of $186.11 per day). (c) $24.786.95 - funds advanced by William C.H. Chung, Trustee, to pay interest on first trust deed. (d) Interest at the rate of $186.11 per day, con»«n- ciag on January 16, 1974 and continuing to and including the date said creditor or attorney for said creditor receives the cash proceeds on its Deed of Trust. County of San Diego (a) Any amount necessary to satisfy any delinquent taxes, together with penalties and interest which may be a lien against the subject property for taxes due the County of San Diego. (b) That in the event said tax lien is not trans- ferred to the cash proceeds realized at the sale ot the subject property by January 15, 1974, said principal tax amount shall continue to accrue interest and/or penalties cuornxncinq on -3- I X January 1C* 1174 until data of payment. • Closing Pees 3 All sums necessary to pay recording faaa, forwarding 4 fees, trustees' fees, reconveyance faea and the premium charged for titla insurance. 6 Unsecured Creditors • Saltier. Caplan, Wilkins and McMahon $ 911.12 3003 Fourth Avenue ft San Diego, California 92103 0 William Tavis ' $1,275.00 110 North Elm10 Beverly Hills, California 90210 11 Planning and Environmental Analysis Xonsultants $ 600.00 1393 Baaswood 12 Carlsbad, California 92001 13 Office and Industrial Space Cuide $ 590.00 15B5 Roseorana 14 San Diego, California 15 Associated Engineers $3.703.00 3904 Oroton Street 16 San Diego, California 92110 17 (6) THATi After payment of all sums referred to in 18 Paragraph S, above, the escrow holder shall disburse to the Debtor, NORTH COONTT INVESTMENTS, cash proceeds equal to the 20 I difference between (a) $1.500,000.00 cash proceeds received in 211 escrow relative to the- sale of the property described in Exhibit •A*, and (b) sai.i 4ums disbursed pursuant to Paragraph 5, above. (7) THAT! Upon receipt of the cash proceeds pursuant 24 I to Paragraph 6, above, NORTH COUNTY INVESTMENTS, the Debtor herein, shall place the sum of $40,000.00 of said cash proceeds 20 I in a Certificate of Dapoait for 30 daya or less, with a deposi- 27 I tory approved by this Court* said proceeds to remain in auch depository until further order of this Court. Patadi JMI 1974. KAXZ «*uw* t. . . 3, :: • tftaei •• . •44 «P(MU M Ut M . . i. i! . . ; t i HERBERT KATZ Bankruptcy Judge W» 1894 73-1315 A •;.(.' •"' -3£v >:- tt»M* portlono of Lota "A" and "«" of laacbo Agon llodloaida. In th* City of: Carlabad, County of San iiicso, Stat* of California, according t* M* thereof Co. 823, filed In tho Office of Che County of San Dingo County, Kiiuutir 16, 1896, dMcribed M follouat •?-•--•<<•at Point 14 of Mid Lot "8" M do*lea*ted M Mid W* Ho. 823; •long th* boundary of Mid Lot "8". South 89*54*00" EMC. 23.41 feec t* the northeasterly comer of land described In deed to Uorth rnuup IniMCnanra. June 16, 1971 M File Ko. 126673 and being Che HOC POIHT OF BBBinCIK; retracing along Mid boundary Corcu 89*S4*OOr* VMC. 23.41 feec to Mid Point 14 of Lot "B"; tfaMce eloag the boundary of aaid land of north County InvMtor'o M follouu: South 54*15*33" VMt. 326.48 feet; South 50*55*35" VMC. 1788.65 feet; South 01*28*24" Uest. 787.30 foot; and S^uth 10*44*15" UMt. 2187.68 feet to the aoot Uortherly corner of Und described la Parcel 1 la d**d to Carlabad MnUeipal Water iiiatrict, recorded Parentur 27. 1961 M Pile n*. 222199 and being a point herein designated M Peiac "I"; thance along th* boundary of aaid Water District's land M follouat South 73*43*45" Faat. 232.43 feec to M angle point therein; end South 38*38*23*' EMC. 341.96 feet Co the uooc EMCerly corner of Mid land; thence South 38*38*25" CMC. 100.00 f**t; tfaMca SMth 51*21*35" UMt. 638.00 fe*t to th* CurthoMterly lia* of County Road Survey Co. 6fc2 (known aa Rl CMdao loal) according to Plat thereof on fit* la Che Office of the County Pigineor of Sen Diego County; fhMcs eloog Mid northoMCerly line north 38*38*25" Vest. (Record - north 38*33*00" VMC) 50.00 feet Co a point herein deaicMted aa Point "T"; ttiMce conciauing north 38*38*25" VMC, 150.00 fMC to a line which boar* South 10*46*15" UMC frou Mid Point *X"; thMM SMth 10*46*15" VMt. 39.50 feet Co the center UM of Mid County Bead SurvoMlo. 682; thence nlong Mid concur UM South 38*38*25" EMC, 1047.69 feet to th* Westerly prolongation of Conn* Ho. 3 in the Southerly boundary of Mid Lot "B» M •buuu on goeord of Survey Nap Ko. 317, filed in th* Of fie* of the County Recorder of Saa olego County. October 23, 1935; rhencaalong Mid oroleneatiM and Mid Course I*. 3. Itorth 84*34*38- BMC (Record - Berth 84*38*00- Oat) 1692.91 fMt to a line ubich bMra South 03*05*08" Gaat frau th* ttat POUJT UF BBCIIX1KC; Chanrn liorth 03*05*08" VMt. 5393.11 fMtc* th* not mat or 230.98 acr*a, nor* or loaa w c » O)s? •j-iji* It", An t!f* affpas«r» ffla.3at* n"sS.P- B SS!NI? l-s-off«^8"1^1 i-IffS-? «P 9 28-sfS1 B ffl ?i'lllllfI e-a -ss i ^ s:iinpis!! ^sS-liaslfS, *?»fg-o o sr l?ll Q) 3 CD S •»lHiS"*il6 «»!l!*:ifffi«.o « <* S^?§g-§i«3K?«|gS {DBraae^3S ^Sff Planners back buy of facility jCity to mull fate ot trash station By Tom Bradley Jr. Staff Writer ,, •;-. . V CARLSBAD. — A 'city panel determined; that a-- proposed Carlsbad pniTh'rtff*' of 'ar. county- owned trash-transfer- facility will .help the cfty- stabilize its Iong4enn •waste management program! wttirthe. Planning Cbm- ion'S nmmimmig raoomm««idi»- the City Council on- Jan. 10 win decide whether to condemn" the Patomar.- Traasftat Station.; north.- east of Palomar J<Epport Road and El Camino- Real under «wtiiTn»nf- domaiir proceedingSyAssixtantCity Manager-<->Frank .Uannen.-'said WednesdayTright Q^Mp>»- * * Coast Waste Management, Caris- h^M's.contracted.trasMpaler, has leaded ther IT-acre; slpfrom the covnty airports- divii&nV.fbr 10 years. ''./. v- , •^IKttr^a V If the council bacldraie commis- sion's endorsement^ ftke 'move could circumvent 'the^ 'county's rejection last month of a $&million bid by Carlsbad: .for? the? site. Carlsba± -Subniitted the offer in. mid-Novembed ;v 'j-ttr-f-'j "-; ^ Deputy County Cbunseh Scott. Peters said the county dismissed the offer because it was considered too low, and because a city- imposed 10-day deadline for a response to the offer gave the county no time to hire an outside appraiser. "I dont think anyone would want the county to accept a $3 mil- lion offer without looking further into it" Peters said. < Mannen said the suggested sale price was based on an internal city appraisal. Carlsbad wants to buy the prop- erty "so we will have a reliable, stable trash-disposal system," Mannen said. > See Planners, Page B-2 .• to r, h •y n ?t •s :s 5- Hauler battles to stay Coast Waste files suit to try to block eviction By Linda Tontini Staff Writer Coast Waste Management Inc.filed a suit in federal court-Wednesday in a bid to halt county plans to eject the hauler from a Carlsbad facility this month. "We certainly hope the county of San Diego will reconsider its actions and work out a reasonable resolution to this matter," said Coast Waste lawyer Leigh Rayner. "We regret we had to take this action." • •' Coast Waste filed suit in federal court in San Diego in an attempt to block plans to turn the hauler out of the county-owned trash-transfer station Dec. 10. The hauler leasesthe Palomar Airport Road facility from the county's airport divisionon a monthly basis. ' ' -County officials said the mainreason for the notification was a need to collect more than the $17,000 a month in rent the opera- tion currently generates. Deputy county counsel Scott Peters said legally there was nothing to pre- vent the county from turning out atenant with an expired lease,which is the situation with Coast Waste."If someone's lease expires, generally they have no right to stay.If s the same with renting an apart-ment or a home," he said. "I thinkthe county has every right to see if it can get more money out of that site." The hauler was originally on afive-year lease that expired and rolled over to a month-to-month basis. But longtime observers of trash- disposal politics saw it as retalia-tion against the hauler for diverting Carlsbad's trash from the San Marcos landfill to facilities outside the county since Oct 1. Thehauler diverted trash to avoid increased trash-disposal fees charged to cities refusing to make a commitment to the regional trash system run by the San Diego Solid Waste Management Authority, composed of the county and seven cities. Ten cities outside the regional > <oe Hauler. Paae B-2 §3<S£ls^•§55*= 18" o•o -g°»;e:.s{hs*£| tfJo****118 lf*j£i-| R 'It!1 8 if" Trash station may be foireed •i ^^^J ' - • • i *v ^4 *• ^~ ^fi^^C • -^T^^'^BfOJP~'. - ( f ' m II •' i B »»• "TB . ^^ •*a •. M f • fc» •••"»* .-•>..,.£.- ••• . ••to close doors t ' ffit • '- . t* -..-..-,, J. -.---I ;^*..-. -"F :.»;.'. , i-. , By Tim Mayer Staff Writer The owner of the local garbage company said he will file suit this week in federal court to stop the county from evicting his company. . Arnie De Jong, owner of Coast Waste Management, was served Nov. 6 with a 30-day eviction notice ordering him off the land he's leased for a decade from the county airport department north of Palomar Airport Road and east of El Camino Real. The land, for which he pays more than $200,000 a year, is the site of his office headquarters, maintenance shop and public truck scales. It's also the site he uses since October to transfer some 220 tons of Carlsbad's residential and com- mercial trash daity to large trucks, which haul it to-a landfill'neaif Yuma, Ariz. 4,- De Jong said'the the eviction is in' retaliation fin1 taking the trash to Arizona and? avoiding the higher tcharged at, landfill and San Marcos. D&pit^kfr»ng haul, it is saving CarBbad about $20 per ton. But county officials have said it also threatens the county's financing of its $139 mil- lion recycling center-by cutting the amount of trash it gets below, minimum operating levels. .' De Jong said he. haATno choice" but fight or he "may be homeless. Maybe you've got a place I can stay ' withy 120 employees, about 60 trucka,repair facilities...^ . To^tabilize the situation, Carlsbad Assistant City Manager Franki_M*nnen said the city last weeV"olfered"to "buy1 the land, about IS to 17 acres including the transfer statin.- Theresa* ^et lr to the, oHer^.'the He said the city also sent a let- ter to the county asking them to reconsider the eviction deadline set for Dec. 10. County Airport Director Jack Miller, who is also acting director of ~ tBe ''county Solid Waste 'Division-,"this week continued to deny^ the eviction was ordered in retaliation for Carlsbad's break from the county waste system. Wednesday, November 9,1994 County's eviction of trash hauler is called a case of retaliation ByPATFLYNN Staff Writer . . The company that hauls Carls- bad's trash has been ordered to vacate a trash transfer station it leases from the county, a move some see as retaliation against the hauler, Coast Waste Management County officials notified Coast Waste on Friday to leave the site on Patomar Airport Road in 30 days. ~ The order conies only one month after Coast Waste stopped hauling' Carlsbad's waste to the county's San Marcos recycling system, fur- ther reducing the trash and income stream to the controversial ,$139 million plant and heightening the chance that the county win be forced to default on the $134 mil- lion in bonds sold to build it a f "Obviously they weren't really excited about losing the flow,' «aid Arie de Jong, the owner of Coast Waste. Til let you draw the conclu- sions, but I have to wonder if they didn't say, 'Maybe we ought to. make it as difficult as we can for Coast Waste."* Jack Miller, the county's acting solid waste director, said he was aware that some see the eviction as retaliatory. T recognize that, but I can't com- ment on it," said Miller, who is also the county's airports director and thus controls the Palomar Airport parcel where the transfer station sits. Coast Waste was on a month-to- month lease and the county was not required to cite a reason to termi- nate the agreement, Miller said. Coast Waste stopped hauling trash to the San Marcos facility on Oct. 1 when the county raised dumping fees from $55 a ton to $74 a :ton for trash from the 10 cities that have refused to join the county Solid Waste Authority. Carlsbad is one of those cities. 'Coast Waste uses the transfer station to load waste from 8-ton trash trucks to 23-ton trailers that haul it .to landfills in Arizona and the Los Angeles area. Because of the fees at the San Marcos facility, de Jong said, he is able to dispose of the trash less expensively at the distant landfills even with the increased transporta- tion costs. De Jong said yesterday that he may seek an injunction prohibiting the county from evicting him. # I County $3M land offer By Tim Mayer Staff Writer The county has rejected an. offer from Carlsbad to buy the land now occupied by the city's trash hauler, Coast Waste Management. Assistant City Manager Frank Mannen said the city has received a letter advising officials that the county Board of Supervisors rejected the $3 million offer. But, said Mannen, the notice did not explain why the board took the action, reportedly in a closed-door session on Nov. 30. ": • The city had sought to buy some 17 acres of Palomar Airport prop- erty east of El Camino Real and north of Palomar Airport Road. Coast Waste Management has leased the land for its headquar- ters, maintenance shop, and transfer station for a decade, pay- ing more than .$200,000 a year: But it was hit with an eviction notice by<the» county's-airport, department last month. County officials maintain.the eviction,was. issued so tnfecounty could seek a new tenant and make more-money for the airport, which gets.|the income from leased land- • 3* Coast Waste Management owner Arie De Jong; who has fled suit in fed- eral court to bkxk the ewctian, aDeges it ism retaliation becaoaaCaast Waste? hasbeenhaulmg'Garlsbad>stzash.toa> landfill nr Arizona? and avoiding" the? high dumping fees charged at the Mannen: said the issue will be taken back, to the.'.City Council, which authorized the purchase offer, at its Jan. 10 meeting.1 "to see if they (council members) want to look at condemnation." I fl3 hi3*1 fit iii-filjWl a H!sSsai5ae» all •ss-s §«18a>s-aa&15 jf iilslllje>5 •=s*>28e»o>a'8«-a|3s-a I If l||:pfi|*al| s! i ^h-SifalLvlEl ^1 /If .11 ou. ^J frIen1 ?O! 'Oi v .5; b'8 •as j 05 CO 03 05 CD 05 05 E_g 05n_ 05 * — -o e A aB-o MMSAM := » :» L u £ .= S -2: - x 3 = 2 •-Isls.!!1 .sj.s.s.2 §-.s ojj '5«jg3 s 8 «^ s s =.2-=«a323i. sSs-g-Ss!" fe* s s S-a g-8^!"1 S"« S s.S"»E* -sp-iSi-aS- ^^ s^-^^uJo^^-gl-^5^ .isJ*^^ i^Js*2 ii e|M^j^e^-a^;-£33. il:iii§r?t«i.iii ss J!3s:S{s!:*3is5UJ!.j o CD = !llili!r3^l!l ilf !i Is 11 ui! mm Jii in*s ill il«^ss^i= Ijliit2 1-1 M?!I |1» ^=sl^§-.«_! «^ 't.47^3 ^^i sail? 5-- *"$"3iisiltiii5^^ £ii.nials«::; SM*I to .ffji^SSSSSa J|fSS£S-"-: *S =J=_=-2i-pi i|l| 1111=! .Iji i?Ii^J!5!t=!il:r5l!3 iii«i -i la igis sf -2 :« s 97 »3 s s *.s s= |^=l s i|s - 3 CD O) *£.:« Oi.CC UTo i je£=3 «-3 a " « a.-.o-'-Soh — -^ s —•^Eircoi-^cS-s >.*» «KS'«iJi-3S)"55-3Jia>.--=£t^ ^p «M ^ t *•* ••• ^3 -~ ^j i— ** ^--"-l^li^^ilPliii TIMES-ADVOCATE Wednesday, March 24.1882 From boon to boondoggle County abandons $4 million experiment in garbage shredding By Tony KnightTh* TIIMC-MMCTO BAN DIEC*>-When tho county built a(4 million Palomar Transfer Station gar*,bageshre*lmg plant to Oulsbed in 1979,It was Aonsidarod a boon to the environ-ment. Now, three and a>hall yean later, itis being called a bureaucratic boondoggleThe county supervisors last week voted iianlraously to close the plant July landyut the 40,000-square-foot building with Itasophisticated trash shredding machineryup for lease. Whether any private firm needs a plantwhose sole purpose is to shred and com- pact 900,000 tons of garbage annually hassome officials worried that the stationmight become a major problem for thecounty.Public works officials concede that if the plant cannot be leased, they will rec-ommend tearing It down and selling the•crap for salvage. But they maintain thatbuilding the plant was not a waste of taxdollars."It doesn't matter if it only lasted threeor four years," said John Burke, head ofthe county's solid waste division. "It gaveus the wherewithal to get another landfill In tho North County that was badly nocd- ed." Officiate Mid the transfer •Utiea, which was 9ft percent funded with a federal grant, did provide an environmentally sound way of disposing of garbage and it did extend the useful life of the flan Itsr- cos landfill site.But the plant's ^million annual operat* ing- costs became a burden on the be- leaguered solid waste budget And techno- logical advance* crated a better, nheap- er way to bur>f tradiiPublic Works Director Rudy "f"rfffinally decided that plant operating costscould be bettor spent acquiring new land-thftr solidfill sites waste pro-grams. The county supervisors approvedhit Mfommtnrtstlon to close the plant.Meanwhile, the county still faces thecritical problem of finding places to bury trash. With every man, woman and childIn the county generating a ton of trasheach year, landfuTs fffl up quickly . Mass-man said the county needs another 2,500acres of landfill space in order to avoid acritical garbage problem in the next toyears.But obtaining new landfill sites presentspolitical and physical problems. Peo-ple do not want a dump located near theircommunity, and when residents learn ofcounty plans to open a new dump, theyturn out in large numbers to oppose it Andlocating dumps in remote back country areas only increase* the cost of haulin the trash, Part the eounty'a etraUgy ha* bwi 1 look for Innovative ways to extend the 111 of IU present landfill*. Oonctructien of tt Falomar Transfer Station at the comor < Palomar Airport Road and BU Oamlr Real was considered a solution to U problem fuur years «gu. The plant dealt with the North County ever-growing trash pile by reducing ga bag* volume. It was conveniently locat« to reduce hauliRS costs, and by extendlrlandfill life, it reduced the need to Uu more virgin ground Into trash burial situBurke said the county could never ha>opened the 300-acre San Marcos landfill: 1»T9 without tho shredding plant Wtthoishredding, the landfill's life would ha< been too short to Justify the investment, I The Palomar plant was also to be tt "front end" of a major effort to recovivaluable resources from garbage, Bur)said. He said that considering the expeimental work going on with resource rcovery. solid waste officials figured Uu one day the plant would become a rsource recovery faculty.County officials still hope this might ocur. They want a private resource recoery firm to lease tho plant and turn it ina money-making optration. Please tee QwtMge, Back Page •Garbage Continued from p«00 A1 Two problemN lie at the root of the pres- ent situation. First, shredding trash at the Palomar Tranafer-6Jatlon and trucking it the eight miloa to San Marcos became too expen- sive for the county. Last year it cost 18 a ton to bury trash going through Palomar. The Henog Contracting Corp., which won a &<• million seven-year contract to take over the county's six dumps in March, has promised to bury trash tor only $8.22 per ton. The second reason is that Henog has a better way to compact the trash. By using portable compactor tractors located at four dump sites, Henog can batter the county's output at Palomar far a fraction of the costThe four Henog compactors cost only "160,000 apiece, compared to just over fi .nilllon for the transfer station. And the annual operating costs of the Henog ma- chines is $154,000, compared to 13 million for Palomar. Cost comparison proved a critical factor -when the supervisors were considering con'-acttng out the garbage business. Public works officials argued that the county oould operate portable compactors Just as well as Henog. But in the end, the board was swayed by the fact that Henog proposed a better plan from tho start, while the county staff had to take respon- sibility tor proposing the oo»Uy tnmaferstation four years earlier. "It was a bureaucratic boondoggle," Su- pervisor Paul Eckert said of the transfer station. "I wanted to close it last year, but I couldn't do it" According to Burke, the public works staff didn't propose the compacton in ma because the technology behind them was unproven when the transfer station was in its planning stages. He said the early com- pactor tractors, as they are cs'led. couldn't do the job of the Palomar shredd- er. But now they can better the shredder. The staff did recommend buying com- pacton in 1980, said Burke, but by then the board was committed to contracting and would not sink more money into the solid waste division. When Henog came for- ward with its plan, the Palomar station'sdays were numbered. "Someone came up with a better solu- tion. What the hell are you going to dor'ssidBurke. "If you're asking, 'Did thesis tion do what it was supposed to do?' tha answer is yes. But if your viewpoint is, 'Is this an investment that was good for the ages?' the answer is no," Public works officials try to minimise the fiscal implications of closing the three, and-a-half-year-old plant by pointing out that it was built with federal funds, UM now-defunct fedenLEconomlo Develop* mont Administration paid (ft percent ol iho construction coats. Eckert pointed out that the money itiU coma* «ut of local taxpayer*' poeketo. However, Dekert joined the board alter the transfer station was approve tor con- struction, so in a political w.i»e, he leeli free to criticize it Supervisor Jim Bate*, who hu been or the board (or eight yean, sees the Palo- mar project in a afferent light "You've got to experiment," he said "You've got to try new things, and U the) don't work, go on to something else." Massman, too. can claim immunity ir UM Palomar experiment. He didn't tak<over the solid waste division until the ol< Sanitation and Flood Oontroi Departroenand his Department of TransporUtioi were combined into Public Works in 1MO. In the ^*nTMJnff IS months Massman hai com* up with a long-range plan to «olv< UM county's f'Tt^fl" shortage problem. Xincludes buying M acres of landfill attti per year for 90 yean. For this ha needs money. So last weel be came to the supervisors with a set o options. Either dose the, transfer station said Mailman, and use the $2 million ii operating costs for capital acquisition an< other soud waste costs, or increase tto feet at the county landfills. Fee increases would ultimately hav< been passed on to homeowners and buslnesses, so the supervisors doted th< plant JUL1 1980 Garbage Station Wants Stricter Safety Controls By JIM ESTERBROOKS Staff Writer CARLSBAD — Three months ago,the walls were blown off the hugePalomar garbage transfer jjfotlfm when a can of lacquer•thinner ignited.Miraculously, no one was seriously injured in the incident, but it leftworkers at the plant with a strong sense of the value of strict controls onhazardous waste discharges. Besidesthe fact that (23,000 has since beenspent to repair the plant, the explosion could easily have had farworse consequences.Said one fire inspector momentsafter the blow-up, "If that building hadbeen concrete, there could have beensome deaths. The only thing that saved those guys was the way that buildingwas constructed." Had a company or individual beenprosecuted and convicted of dumpingthe can of lacquer thinner, a fine of up to $25,000 could have been levied.Despite the threat of such a fine — and that amount may soon be doubledif a bill now before the state legisla- ture is approved—hazardous materi-als like paint, gasoline and lacquerthinner still turn up at the plant periodically."They know they're not supposed to bring that stuff here," said 21-year-oldGary Hucks, a worker at the plant operated by Browning-Ferris Co. "Wedon't want it here." Hucks said all plant workers aremore careful about scanning the ref- use before it enters either of the plant's huge shredders. It was insideone of the two shredders that the can of lacquer thinner blew up.The plant has also increased the number of workers who check therefuse, which is brought to the plantby garbage trucks from throughout, North County. Once the trucks arriveat the plant, they dump their contentson the floor of the huge warehouse- like structure. Once on the floor, the garbage is spread about, giving workers a chanceto see. what's there, and then shoved onto one of two conveyor belts thattake the refuse to either of the plant's shredders. As far as prosecuting the firm or individual reponsible for the Marchaccident, chances are slim, accordingto Bond. His inspection has narrowed the list of suspects to a small group ofauto body repair shops in Escondido, but pinning the violation on any onefirm is tough, he said. ,., '••'.- • • ••*••.. . .-.-'• -. 3MPtaMBrI'MOoum -,T..,. ...; i- • • . :• • ••;•(• - •.— .. • ..'••..• *•• WORKER at Palomar Transfer Station examines damage. osion Tr arisfet1 '~$ t atioii By JEM ESTERBROOKS MAR 9 7StaffWriter ""^ * -'CARLSBAD — An explosion rocked the Palomar trashtransfer station Wednesday, blowing out walls and scatter-ing debris, but injuring no one. , The blast sounded at about2:45 p.m., when a container offlammable liquid vaporized and ignited inside one of thestation's massive trash shredders. . v .| The transfer station, just east of Palomar Airport, shredsand compacts refuse from throughout North County andthen sends it off to a San Marcos land-fill site. - 1 "I thought for sure I was dead," said 21-year-old ShawnHoberg of Carlsbad, a mill operator who was standingclosest to the explosion. "It knocked me clear out of thebooth andright down the stairway. Everything was on fire."• Moberg was taken to Tri-City Hospital for observation,but according to a hospital spokeswoman, was treated andreleased. •; No estimate of damage was given immediately.! Jim West, a battalion chief with the Carlsbad FireDepartment, said, "The only thing that saved them was theway the building was constructed. It was made to blowapart like that," West said, referring to the three-story,corrogated steel structure.{ "If it had been concrete," West added, "there could havebeen some deaths, because the energy from the explosionWouldn't have been released, it would have been containedin the building."Moberg, drenched by water from the plant's emergency sprinkler system, was not the only worker shaken by theblast. A handful of other workers laughed nervously outsidethe tattered building as firemen doused the plant's machin- ery."All I could do was run," said 24-year-old Steve Thomas of Oceanside, who works for North County Disposal. "It scaredme to death. It was just boom and things started .to fall. Nobody was yelling or screaming, just running."John McNamara, the plant foreman, simply shook hishead when asked when the. plant might operate again."We'll just have to get into it and see, "he said. "I really don't know." Other employees at the plant said "it's a constant battle"to keep flammables out of the plant "We tell people all the time," said one worker, "but they don't seem to pay any attention."West said a metal drum marked "flammable liquids" was recovered from the wreckage and taken to Carlsbad firedepartment headquarters for inspection. He said thedepartment will attempt to trace the drum to the person orcompany that deposited it at the plant. ____ , __ . The $94 million plant was opened only five months agoand is the first of its kind on. the west coast: By-compacting refuse as it does, the plant triples the lifespan of the San Marcos land-fill site, as well as making the trash moresanitary, according to plant operators. •v. -v \ 8 a* OD ^f -» «. *1 !«'cd S - S X J i--Bpr ltf'-« QC lif'Hi is |, O :*; fci . U •sI g ft.iJf i *• n\i 1 mi"259: !l- I*: ii;la 8^•j'j1 M 8 ••a-aas ou1CO00 00 J 2IT3 55 IK st:& OCT 19 1377 •- By GIL DA VIS '"= f SUtfWrtterCARLSBAD-By a three to one citycouncil vote, Carlsbad will become thetrash depot for much of the NorthCounty. " ' , .:?•Council members decided that acounty-proposed, $4 million waste shredder and compaction station couldbe located just northeast-of PaJomar operation will be totallyI in industrial type buildings. Onceythe magnetic metals are ex-tracted from the processed trash, it willbe loaded in covered trailer trucks andtransported to a San Marcos land fill. ! covering earth.Since the shredded waste doesn't need covering, this land fill site win handle North County refuse for another 20years, reported county representativeClarenceCoffman. . •- He said Carlsbad residents would saveapproximately 1200,000 a year in hauling charges by having the refuse station inCarlsbad rather than farther away.Other reasons for selecting, theCarlsbad site include: central locationfor all of the northwest San Diego County, high cost of improving a road tothe San Marcos location and closeness topossible energy using resources if thewastes become recycleable for energy Council members heard these, argu- ments and then overturned-a planning commission recommendation of denialwhich conflicted with a dty staffrecommendation of approval.Voting for the project were Mayor Robert Frazee, Vice-mayor ClaudeLewis and Anthony Skotnidd. Votingagainst was Dr. Ronald Packard whileMary Casler was absent.Packard said he was still concernedabout the plant's potential odor, noise, dust, dirt, litter, sewering, .1pact, and increased traffic, (al Camino Real anil Palomar,' Road). •^•:.;-,"I tried to weigh the against the benefits," he said.S3don't believe this body should "ute...this is the heart of an area and'it won't go iway.'ttexpanded to be one of the few si tNorth County.'^ • :.v,-&;-.•; Frazee replied that this was -__ _those kmd of facilities that we wfeh-wicould get along without'" But sfhceihai isn't possible, it's necessary td provide the service in the best possible manner,he said.. .:•• - - •.»•/••• ' -i =-.;;** ; Skotnidd wondered out loud what Carlsbad would do- if the county/SaidCarlsbad would have to take care if Itsown trash. • . •-•_ ;:.,j/*^^f • One important point was notedty CityManager Paul Bussey wfaa said the county doesn't have to abldrty «ilyplanning ordinances which means the county has volunteered to be regulatedby the city. - -f •:.< : "My only concern is that I'd not like to see the county give up on processing itsprojects through thecity," be said. . The only person to speak against.the project was -a representative- fromnearby BeckmanN Instruments whichproduces medical quality chemicals. Heasked for a slightly stiffened condition of approval so that the Beckman plantcould better be protected from anyinsects and pests that might be attracted by the waste facility. NC Trash •-,-., . ..il-..,j;^(- Lyj',''. r- '.*^«»Ht.•.;••-•;• -j?r.^l ^./S&.-^v **.;&•-Comac mfllioo trash f would serve Carlsbad loAirport .--Carlsbad dty planners recdved the project's application Wednesday fromthe County of San Diego. • - County staff is recommending that a large building be located on a 21-acre :knoll Just east of the Carlsbad MunicipalWater District (CMWD) headquarters. Noise, odor and stray trash would be minimized by fully enclosing the trash dumping operation Inside the building. This mean that trash • tracks *Mprivate vehicles would enter the building arv* <jqwtlt thffr trash on aconcrete floor. ' •' ' •_•,•.. I A bulldoze' would push the debris into a pit which would contain a conveyor belt • ••-.;,;:..' ;,'.Metal attracted by magnets Isexpected to be t*i*W'Tl*>! frum the conveyor belt before the refuse to sent toa compactor which would reduce trashvolume by 90 per cent (a 10 to onecompaction).. Other reclamation mechanisms would be added as theybecome economically feasible. The compaction is the chief reason for building the faculty, which may be entirely funded by the .federal government By greatly reducing the volume of the refuse, the county can significanlty increase the life of its sanitary fills.If federal funding becomes a reality, prelimary site preparation is expected to begin in November. But it will be another two yean before -the plant becomes operational, said Ernie Shepherd, principal civil engineer for the county's Department of Sanitationand Flood Control He said the operation's compacted trash will Initially go to Bonsall and thento a new San Marcos landfill. "Even after the San Marcos landfill Is completely filled, this transfer station will be very convenient because of itscentral location," Shepherd said. Carlsbad's assistant city planner, BudPlender, said a possible concern is theproject's traffic flow. The county's parcel Includes some 200 acres which are now labeled "openspace" in .Carlsbad's General. Plan. County staff Is proposing leaving about half that acreage in open space with a portion being changed to plannedindustrial. Carlsbad council members are expected to review the county's application sometime in September. SEP 27S76 The solid waste trantterAftttnaa is. ' planned for a '«wnryH»«ned «lte.v:Jusl 'southwest of Palomar Airport Road and ElCaminoReaE- ..--•-• •- ' IDCuUS would tier compacted trucks fdr transfer dumps. "><]..-,...:. /#3»iies3x&!'i Tbe two QtogosedlandfilL sites arejust SiaiiDfegff. • Ken Sayles,'county solid waste researchanalyst, said the region Is running 'out oflandfill areas. *.^'- j* '• • • • '••.;-!'*•' ij* Other projects'soai^it for fundtngimdera still unsigned Public Works Employment Act o< 197* are a $140,000 access roadupgrading Tor "Palomar Airport and a $720,000 water management and pondexcavation for the San." Elleastembasln.Elljo Lagoon'