HomeMy WebLinkAbout2005-02-01; City Council; 17964; Palomar Transfer StationI1
AB# 17,964 TITLE:
PALOMAR TRANSFER STATION
MTG. 2/1/05 EIR 03-O4/CUP 260(C)
DEPT. PLN
DEPT.HD.
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Project application(s) Administrative Reviewed by and To be Reviewed -
Approvals Final at Planning Final at Council
That the City Council ADOPT City Council Resolution No. CERTIFYING EIR 03-04
and ADOPTING the Candidate Findings of Fact and the Mitigation Monitoring and Reporting
Program, and APPROVING CUP 260(C) based upon the findings and subject to the conditions
contained therein.
2o05-029
EIR 03-04
CUP 260(C)
Commission
X
X
On December 1, 2004, the Planning Commission held a public hearing for the Palomar Transfer
Station project. The Planning Commission voted unanimously to recommend certification of the
Environmental Impact Report (EIR 03-04); to recommend adoption of the Candidate Findings of Fact
and the Mitigation Monitoring and Reporting Program; and to recommend approval of CUP 260(C).
At the public hearing no one spoke in opposition to the project.
The project site is on the east side of Orion Street between Faraday Avenue and El Camino Real
within Local Facilities Management Zone 5. The Palomar Transfer Station proposal includes both
physical and operational changes to the existing facility and a request for a ten-year time extension.
Proposed changes include:
0 an expansion of the CUP area to incorporate a 3.9 acre unpaved portion of the parcel
for bin storage, truck parking and related activities;
0 an expansion of the transfer area building to increase the tipping floor space and the
addition of a new load-out bay;
0 provisions for traffickirculation system improvements;
revised conditions to allow the facility to operate at the proposed design capacity
(14,000 tons per week at an average of 2,000 tons per day but not to exceed 2,250
tons per day); and,
0 revised days and hours of operation, including the potential to be open for public
operations seven days per week.
As part of the project design, the applicant is also proposing street improvements in the general area
of the facility to ensure that the expanded facility continues to function compatibly with surrounding
uses and the street system.
ENVIRONMENTAL:
An Environmental Impact Report was prepared for the proposed project in accordance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental
I
PAGE 2 OF AGENDA BILL NO. l7t964
Facilities Zone
Growth Control Point
Local Facilities Management Plan
Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the
environmental impacts associated with all discretionary application for the proposed project. The
analysis contained in the EIR concluded that all significant impacts (Air Quality; Odor; Biological
Resources; and Hydrology and Water Resources) would be reduced to below a level of significance
by the incorporation of mitigation measures.
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NIA 5 ~
FISCAL IMPACT:
All required improvements needed to serve this project would be funded by the developer.
GROWTH MANAGEMENT STATUS:
I Net Densitv I NIA I
EXHIBITS:
1. City Council Resolution No. 2005-029
2. Location Map
3. Planning Commission Resolutions No. 5799 and 5800
4. Planning Commission Staff Report, dated December 1 , 2004
5. Excerpt of Planning Commission Minutes, dated December 1 , 2004
6. EIR 03-04 - Palomar Transfer Station EIR, dated September 2004 (previously distributed, copy
on file in the Planning Department)
7. Exhibits “A - “J” for Palomar Transfer Station December 1 , 2004.
(previously distributed, copy on file in the Planning Department)
DEPARTMENT CONTACT: Elaine Blackburn, (760) 602-4621, eblac@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING ENVIRONMENTAL
FINDINGS OF FACT AND THE MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE PALOMAR TRANSFER
STATION EIR, AND APPROVING CUP 260(C) TO ALLOW THE
EXPANSION OF THE PALOMAR TRANSFER STATION
LOCATED ON THE EAST SIDE OF ORION STREET BETWEEN
FARADAY AVENUE AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
IMPACT REPORT EIR 03-04 AND ADOPTING THE CANDIDATE
CASE NO.: EIR 03-O4/CUP 260(C)
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on December 1, 2004, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 03-04)
and to consider a proposed Conditional Use Permit Amendment (CUP 260(C)) and adopted
Planning Commission Resolution No. 5799 recommending to the City Council certification of
EIR 03-04 and adoption of the Candidate Findings of Fact and the Mitigation Monitoring and
Reporting Program, and adopted Planning Commission Resolution No. 5800 recommending
approval of CUP 260(C) subject to the City Council certification of EIR 03-04, adoption of the
Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council of the City of Carlsbad, did on the Ist, day of
February, 2005, hold a public hearing to consider the recommendations and heard all persons
interested in or opposed to EIR 03-04 and CUP 260(C); and
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and
submitted to the State Clearinghouse and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45-day review period; and
WHEREAS, all comments received during the review periods are contained in
the Final EIR.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 03-04) for the above referenced
project is certified and that the Candidate Findings of Fact and the Mitigation Monitoring and
Reporting Program are approved and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 5799, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of the City Council.
3. That Conditional Use Permit Amendment (CUP 260(C)) is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5800, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council except:
a. The maximum allowed capacity of the Palomar Transfer Station shall be
determined as follows:
i.
II.
iii.
Effective with the approval of this CUP, the capacity of the Palomar Transfer
Station shall be a maximum of 10,500 tons of waste per week, averaging a
maximum of 1,500 tons per day not to exceed 1,800 tons in any one day.
Effective January 1, 2009, the maximum allowed capacity of the Palomar
Transfer Station shall be increased to 12,250 tons of waste per week,
averaging a maximum of 1,750 tons per day, not to exceed 2,100 tons of trash
in any one day, unless the City Council determines, after a report and
recommendation by the City Engineer and giving notice and an opportunity to
be heard to applicant, that the increased tonnage would not be necessary or
desirable for the development of the community or that the street system
serving the Palomar Transfer Station is not adequate to properly handle all of
the traffic generated by the proposed use.
Effective January 1, 2011, the maximum allowed capacity of the Palomar
Transfer Station shall be increased to 14,000 tons of waste per week,
averaging a maximum of 2,000 tons per day, not to exceed 2,250 tons in any
one day unless, the City Council finds, after a report and recommendation by
the City Engineer and giving notice and an opportunity to be heard to applicant,
that the increased tonnage would not be necessary or desirable for the
development of the community or that the street system serving the Palomar
Transfer Station is not adequate to properly handle all of the traffic generated
by the proposed use.
b. Effective with the approval of this Conditional Use Permit, the maximum allowed
days and hours of operation of the Palomar Transfer Station shall be as follows:
i. Commercial operations (collection trucks): 300 a.m. to 8:OO p.m. seven days
per week;
ii. Transport trucks (external traffic to and from station) and loading of transport
trucks (internal activities) operations: 4:OO a.m. - 12:OO a.m. (midnight) seven
days per week;
iii. Public access: up to 9:00 a.m. - 4:OO p.m. Monday - Friday and 7:30 a.m. -
4:OO p.m. Saturday and Sunday; and
iv. Fleet Maintenance activities: 500 a.m. - 1:00 a.m. seven days per week.
The applicant may request an amendment to expand hours of operation up to the limits
specified in the Project EIR 03-04.
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c. This CUP serves as a permit for oversize or load permit under Carlsbad
Municipal Code Chapter 10.33 and a truck route determination under Carlsbad
Municipal Code Chapter 13.34. The Council reserves the right to change the
terms and conditions of these permits following a report and recommendation of
the City Engineer and notice and opportunity to be heard by the applicant at a
public hearing.
EFFECTIVE DATE: This resolution shall be effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15t day of FEBRUARY , 2005, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: Council Member Lewis
ABSENT: None
-3-
MATT HALL, Mayor Pro Tem
ATTEST:
n
- LORRAINE M. WOm, City Clert I
t
(SEAL)
EXHIBIT 2
PALOMAR TRANSFER STATION
EIR 03=04/CUP 260(C)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5799
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROJECT ENVIRONMENTAL
ADOPTION OF CANDIDATE FINDINGS OF FACT AND A
MITIGATION MONITORING AND REPORTING PROGRAM
TO ALLOW THE EXPANSION OF THE PALOMAR
TRANSFER STATION LOCATED ON THE EAST SIDE OF
ORION STREET BETWEEN FARADAY AVENUE AND EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: EIR 03-04
IMPACT REPORT, EIR 03-04, AND RECOMMENDING
WHEREAS, Palomar Transfer Station, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by the County of San Diego,
Department of Public Works - Airport Division, “Owner,” described as
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed on November 16,1986
(“the Property”); and
WHEREAS, a Project Environmental Impact Report (EIR 03-04) was
prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on the 1st day of December 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation
Monitoring and Reporting Program, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
6 A) That the foregoing recitations are true and correct.
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B) That the Final Project Environmental Impact Report consists of the Final
Environmental Impact Report (EIR 03-04), dated September 2004,
appendices, written comments, and responses to comments, as amended to
include the comments and documents of those testifymg at the public hearing and
responses thereto hereby found to be in good faith and reason by incorporating a
copy of the minutes of said public hearing into the report, all on file in- the
Planning Department, incorporated by this reference, and collectively
referred to as the "Report."
C) That the Environmental Impact Report EIR 03-04, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
D) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Project
Environmental Impact Report (EIR 03-04); and RECOMMENDS
ADOPTION of the Candidate Findings of Fact ("Findings" or TEQA
Findings"), attached hereto as Exhibit "EIR-A" and incorporated by this
reference; and RECOMMENDS ADOPTION of the Mitigation Monitoring
and Reporting Program ("Program"), attached hereto as Exhibit "EIR-B"
and incorporated by this reference; based on the following findings and subject to
the following conditions:
Findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final EIR 03-04 and the environmental impacts therein identified for this
project; the Candidate Findings of Fact ("Findings" or "CEQA Findings"), attached
hereto as Exhibit "EIR-A," and the Mitigation Monitoring and Reporting Program
("Program"), attached hereto as Exhibit "EIR-B," prior to RECOMMENDING
APPROVAL of the project.
2. The Planning Commission of the City of Carlsbad does hereby find that Final EIR 03-
04, the Candidate Findings of Fact, and the Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State EIR Guidelines, and the Environmental Review
. Procedures of the City of Carlsbad.
3. The Planning Commission finds that Final EIR 03-04 reflects the independent
judgment of the City of Carlsbad Planning Commission.
4. The Planning Commission does accept as its own, incorporate as if set forth in full
herein, and make each and every one of the findings contained in the CEQA Findings,
including feasibility of mitigation measures pursuant to Public Resources Code 21 08 1
and CEQA Guidelines 1509 1, and infeasibility of project alternatives.
7 PC RES0 NO. 5799 -2-
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5. The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
the CEQA Findings and the Program.
6. The Record of Proceedings for this project consists of the Report, CEQA Findings, and
Program; all reports, applications, memoranda, maps, letters, and other planning
documents prepared by the planning consultant, the project Applicant, the
environmental consultant, and the City of Carlsbad that are before the decision
makers as determined by the City Clerk; all documents submitted by members of
the public and public agencies in connection with the EIR on the project; minutes of
all public meetings and public hearings; and matters of common knowledge to the
City of Carlsbad which they consider including, but not limited to, the Carlsbad
General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan
which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk,
and at 1635 Faraday Avenue in the custody of the Director of Planning.
Conditions:
1. The Developer shall implement the mitigation measures described in Exhibit "EIR-
B," the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to the development of the Palomar Transfer
Station project.
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PC RES0 NO. 5799 -3 - 8
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission .of the City of Carlsbad, California, held on the 1st day of December 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5799 -4-
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PLANNING COMMISSION RESOLUTION NO. 5800
A RESOLUTION OF THE PLAN”G COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNTA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW THE EXPANSION OF THE
PALOMAR TRANSFER STATION ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF ORION
STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: CUP 260(C)
..
WHEREAS, Palomar Transfer Station, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by the County of San Diego,
Department of Public Works - Airport Division, “Owner,” described as
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed on November 16,1986
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “J” dated December 1, 2004, on file in the
Planning Department PALOMAR TRANSFER STATION - CUP 260(C), as provided by the
conditions of approval of CUP 260(B) and Chapter 21.42 andor 21 SO of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 1st day of December 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
/E) A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
CUP 260(C) based on the following findings and subject to the following
conditions:
RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION - -
Findings:
1.
2.
3.
4.
5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the transfer station use provides a needed service for
the community by storing collected trash for more efficient transfer to disposal sites;
the use is located on a site designated by the General Plan for industrial (PI) uses
and zoned for industrial (M) uses; the project site is surrounded by areas zoned for
open space or industrial uses; and the surrounding developed sites contain industrial
and governmental uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed expanded site will adequately accommodate all proposed grading
and construction activities and all anticipated expanded facility activities including
bin storage, parking, and internal circulation requirements, while providing 194
parking spaces (more than the required 181 spaces) and providing screening of the
internal facility activities.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted hture uses in the neighborhood will be
provided and maintained, in that the proposed modifications to the facility would
occur within the proposed CUP boundaries, thus requiring no additional
adjustments, and a new chain link fence and perimeter landscaping (including
vegetated berms), will enclose the new parkindbin storage area, and no other new
yards, fences, or other features are needed to accommodate the use to the area.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding streets can accommodate all traffic
(1,045 ADT) expected to be generated by the use; and the project design includes the
widening of Orion Street and the addition of curb, gutter, and sidewalk; and two new
project entrance lanes will be provided on the project site to ensure that any queuing does
not negatively impact the function of Orion Street; and, the developer will be required to
pay traffic impact fees.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Land Use Element of the City’s General Plan based on the facts set
forth in the staff report dated December 1, 2004 in that the project site has a PI
General Plan designation and M zoning and the existing use (a trash transfer
station) is an allowed use in the PI designation and a conditionally allowed use in the
M zone and the proposed amendment (an extension of the existing use) is also
consistent with the allowed uses on the site.
PC RES0 NO. 5800 -2- if
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6.
7.
8.
9.
10.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies .and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. the project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities;
b. the Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit; and
c. Park fees of $.40/square foot are required by Carlsbad Municipal Code Chapter
20.44, and will be collected prior to issuance of building permit.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that all conditions of
approval required by the Airport Land Use Commission have been incorporated
into this resolution.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5800 -3- lz
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Conditions:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
Grading Permit or Building Permit, whichever comes first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer shall implement, or cause the implementation of, the Palomar Transfer
Station Project Mitigation Monitoring and Reporting Program.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
43 PC RES0 NO. 5800 -4-
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7.
8.
9.
10.
11.
12.
13..
14.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body. . -
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
Ths project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Approval is granted for CUP 260(C) as shown on Exhibits “A” - “J” dated December 1,
2004, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance andor resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
PC RES0 NO. 5800 -5- I4
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15.
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21.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
Ths Conditional Use Permit is granted for a period of ten (10) years retroactively from
March 5,2002 through March 4,2012. Th~s permit may be revoked at any time after a
public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public’s health and welfare, or the conditions imposed
herein have not been met. Ths permit may be extended for a reasonable period of time
not to exceed ten (10) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public’s health and welfare. If a substantial negative effect on surrounding
land uses or the public’s health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
Developer or Owner, as appropriate, shall provide or perform all proposed
traffic/circulation improvements as shown on CCExhibit “X” - Revised” dated March
5,1997, attached hereto and incorporated herein by this reference.
The maximum allowed capacity of the Palomar Transfer Station shall be a
maximum of 14,000 tons of waste per week, averaging a maximum of 2,000 tons per
day, not to exceed 2,250 tons per day.
The allowed days and hours of operation for the Palomar Transfer Station shall be
as follows:
a. Commercial operations for collection trucks are allowed from 500 a.m. to
8:OO p.m. seven days a week. Transport trucks (external traffic to and from
station) and loading of transport trucks (internal activity) operations are
allowed 24 hours a day, seven days a week;
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b. Public access is allowed up to seven days a week from 7:OO a.m. to 4:OO p.m.
Monday through Friday, and from 7:30 a.m. to 4:OO p.m. on Saturday and
Sunday; and
C. Fleet maintenance activities are allowed from 500 a.m. to 1:00 a.m. seven
days a week.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifjmg all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit Amendment (CUP 260(C)) by
Resolution No. 5800 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
All assembly areas of the project within the McClellan-Palomar Airport Flight
Activity Zone shall be limited (as defined by California Building Code Group A
occupancy) to no more than one hundred (100) people per area in order to be
consistent with Flight Activity Zone guidelines in the McClellan-Palomar Airport
CLUP.
Any use of the project site located within the McClellan-Palomar Airport Flight
Activity Zone and encompassed by FAR Part 77 shall be limited to those uses that
would not endanger or interfere with the landing, take off, or maneuvering of an
Ir6 PC RES0 NO. 5800 -7-
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33.
aircraft at an airport. Specific characteristics to be avoided on the site include uses
that attract birds and create bird strike hazards. If avoidance is not possible,
appropriate mitigation measures should be provided for the project that minimize
or eliminate these characteristics of the project.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors andor materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chef
except for the open bin storage area shown on the approved plans. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the
Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe not less than 194 parking spaces, as shown on
Exhibit "C."
All loading and unloading, tipping, processing, and movement of municipal solid
waste and greedwood material, with the exception of the recycling and buy-back
area activities, shall take place within the covered unloading and processing area.
Endneering:
General
34. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval fi-om, the City Engineer
for the proposed haul route.
35. Prior to issuance of any Building Permit, Developer shall comply with the requirements
of the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
36. Developer shall install sight distance corridors in accordance with Engineering Standards
as shown on the Site Plan. No obstructions shall impede nor conflict with the 330'
line-of-sight as shown on the Site Plan. The underlying property owner shall
maintain this condition. These sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this
development.
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FeedAgreements
37. Developer shall cause property owner to execute and submit to the City Engineer fo
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
38. Prior to approval of any Grading or Building Permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
39. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a Grading Permit for this project is required. Developer shall apply for and
obtain a Grading Permit fiom the City Engineer prior to issuance of a Building Permit for
the project.
DedicationsLImprovements
40.
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Developer shall cause Owner to dedicate to the City an easement for public road and
public utility purposes for Orion Street as shown on the Site Plan to the satisfaction
of the City Engineer. The offer shall be made by a separate recorded document. All land
so offered shall be offered flee and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan and the following improvements including, but not
limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
a. Complete half-street improvements along the frontage of Orion Street per
City Standards as shown on the Site Plan. Improvements shall result in a
curb-to-curb paved width of 52-feet within a 72-foot right-of-way.
b. Install a 5-fOOt wide sidewalk along the frontage of Orion Street.
c. Install a pedestrian ramp at the southeast corner of Faraday Avenue and
Orion Street.
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d. Install new streetlights along the frontage of Orion Street per City Standards. ._
e. Relocate the existing fire hydrant along Orion Street behind the new
sidewalk.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
43. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook“ to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifylng prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
44. Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board with a WDID #;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
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45.
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d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by th~s project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants fi-om storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
provide calculations to ensure numeric sizing criteria is met;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
g.
Developer shall design, to the satisfaction of the City Engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck
access through the parking area andor aisles with an ADT greater than 500.
Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth fi-om obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing andor radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Water
48. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
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The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbd.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of Building Permits, Developer shall pay all fees, deposits, and chai-ges
for connection to public facilities. Developer shall pay the San Dieno Countv Water
Authority capacity charFie(s) prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and/or recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
55.
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59.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. Lf
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of December 2004 by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
PC RES0 NO. 5800 -14-
I ( the City of Carlsbad Planning Department
P.C. AGENDA OF: December 1,2004
EXHIBIT 4
Application complete date: February 27,2003
Project Planner: Elaine Blackburn
Project Engineer: Jeremy Riddle
A REPORT TO THE PLANNING COMMISSION
SUBJECT: EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION - Request for a
recommendation of certification of an Environmental Impact Report, a
recommendation of adoption of the Candidate Findings of Fact and Mitigation
Monitoring and Reporting Program, and a recommendation of approval of a
Conditional Use Permit Amendment and a ten-year time extension to allow an
expansion and continued operation of the Palomar Transfer Station on a site
located on the east side of Orion Street between Faraday Avenue and El Camino
Real and within Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5799
ADOPTION of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting
Program, and ADOPT Planning Commission Resolution No. 5800 RECOMMENDING
APPROVAL of CUP 260(C) based upon the findings and subject to the conditions contained
therein.
RECOMMENDING CERTIFICATION of EIR 03-04 and RECOMMENDING
11. INTRODUCTION
This project application involves a request for physical and operational changes to the existing
Palomar Transfer Station and a ten-year time extension. The proposed changes include: an
expansion of the Conditional Use Permit (CUP) area; an expansion of the transfer area building;
provisions for traffic/circulation system improvements; an increase in the facility’s capacity; and
revised days and hours of operation. A trash transfer station was originally permitted on th~s site
in 1977, and there have been various extensions and amendments (including a new permit
number) granted for the facility since that time. (See Table 1 “Project Permit History” in Section
1II.C of this report for permit history details.) The proposed changes require approval of a CUP
Amendment and certification of an Environmental Impact Report (EIR). (Typically, CUPS are
decided by the Planning Commission; however, this project requires City Council approval
pursuant to the related franchise agreement.). There are no unresolved issues associated with the
proposed project.
111. PROJECT DESCRIPTION AND BACKGROUND
A. Project Description
This project application involves both physical and operational changes to the existing Palomar
Transfer Station and a time extension. The changes include an expansion of the CUP area to
!/ (
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
Page 2
incorporate a 3.9 acre unpaved portion of the parcel for bin storage, truck parking and related
activities; an expansion of the transfer area building to increase the tipping floor space and the
addition of a new load-out bay; provisions for traffic/circulation system improvements; revised
conditions to allow the facility to operate at the proposed design capacity (14,000 tons per week
at an average of 2,000 tons per day but not to exceed 2,250 tons per day); and revised days and
hours of operation, including the potential to be open for public operations seven days per week.
As part of the project design, the applicant is proposing street improvements in the general area
of the facility to ensure that the expanded facility continues to function compatibly with
surrounding uses and the street system.
Physical Changes
The first physical change proposed involves paving a 3.9-acre undeveloped portion of the subject
parcel to allow for bin storage, truck parking, and related activities. The 3.9-acre portion lies
between the existing transfer station CUP boundary and the intersection of Faraday Avenue and
Orion Street. This 3.9-acre area has been used informally in recent times for bin storage but was
not included within the approved CUP boundaries when the project was last approved. The
proposed CUP amendment would incorporate the 3.9-acre area within the CUP boundaries. The
proposed modification of that area would include paving to provide 47 parking spaces for
collection trucks and 4 parking spaces for service trucks. Existing collection trucks currently
park south of the proposed parkinghin storage area. The proposed change would allow the
southern area to be converted to a vehicle stacking aredqueuing lane to provide better on-site
circulation.
Existing Orion Street would be widened and a curb, gutter and sidewalk would be added along
the Orion Street frontage. Also, two new lanes would be added on the east side of Orion Street
(on the project site) to provide queuing space for vehicles entering the facility. Street-frontage
landscaping, including vegetated berms, would be placed adjacent to the new paved area along
Orion Street and Faraday Avenue to properly screen on-site uses. The project design also
includes preservation of a small disturbed area of coastal sage scrub on the north side of the
property adjacent to future Faraday Avenue.
The existing scale area would also be changed. The transfer station currently contains two scales
to weigh the collection trucks entering and exiting the transfer station. An additional entry/exit
scale would be provided to improve on-site circulation for the collection trucks and the public.
Two on-site vehicular queuing lanes would be added adjacent to the east side of Orion Street to
facilitate circulation and provide enhanced access to the facility.
Another physical change would include an expansion of the existing building area by a total of
6,784 square feet to increase the tipping floor space and add another transfer truck load-out bay.
The purpose of this addition is to accommodate the proposed increase in the station’s capacity
from 800 tons per day (TPD) to a maximum of 2,250 TPD.
Another proposed physical change would involve locating a waste oil collection station adjacent
to the existing buy back center to accommodate the increased need for acceptance of used waste
oil and oil filters from the public and the City of Carlsbad fleet vehicles.
I I
EIR 03-04UCUP 260(C) - PALOMAR TRANSFER STATION
December 1 , 2004
Page 3
Operational Changes
The first operational change being proposed is a change in the limits on the amount of material
that can be processed through the facility. Pursuant to the last approved CUP Amendment (CUP
260(B)) for the facility, the maximum allowed capacity for the Palomar Transfer Station is
currently 800 tons of waste per day. The applicant is proposing to increase that limit to a
maximum of 14,000 tons of waste per week, an average of 2,000 tons per day, not to exceed
2,250 tons per day. This increase is being proposed to facilitate the amount of solid waste
expected to be generated as a result of increasing development occurring in the coastal North
County areas. (The original EIR certified for this project in the late 1970s analyzed the project
for a capacity of approximately 1,500 TPD.)
The other operational changes include changes to the operations days and hours. The proposed
increase in commercial operations and fleet maintenance would be necessary to facilitate the
increased processing demands on the facility. The current and proposed dayshours of operation
are as follows:
Current operating dayshours:
Commercial operations for collection and transport trucks, external traffic to and from the
station, and internal activities are currently from 5:OO a.m. to 8:OO p.m. seven days a week.
Public operations (self-haulers) are allowed from 7:30 a.m. to 4:OO p.m. Saturday and Sunday
with the exception of holidays.
Fleet maintenance activities are allowed from 7:OO a.m. to 12:OO a.m. (midnight) seven days a
week.
Proposed operating hours:
Commercial operations for collection trucks are proposed for 5:OO a.m. to 8:OO p.m. seven days a
week. Transport trucks (external traffic to and from station) and loading of transport trucks
(internal activity) operations are proposed for 24 hours a day, seven days a week.
a) Public access is proposed for up to seven days a week 7:OO a.m. to 4:OO p.m.
Monday through Friday, and 7:30 a.m. to 4:OO p.m. on Saturday and Sunday.
b) Fleet maintenance activities are proposed for 5:OO a.m. to 1:00 a.m. seven days a
week.
The project will require issuance of a Grading Permit. Grading volumes for the project are 4,500
cubic years (CY) of cut, 3,500 CY of fill, and 1,000 CY each of export and import.
Time Extension
The project also includes a request to extend the amended CUP for 10 years. Because the current
CUP expired during the processing of this proposed project, any extension of time would be
96 retroactive from March 5,2002 (the date on which CUP 260(B) expired). The application was
I /
EIR 03-04/cL.JP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
Page 4
submitted on March 4, 2002 and was deemed complete on February 27, 2003. The processing
timeframe was extended, by mutual agreement between the City and the applicant, due to
management changes at the transfer station and revisions to the site plan to better meet the
anticipated facility needs.
The City began the EIR process when the applicant submitted the required EIR deposit in May
2003. The preparation time for the Draft EIR was also extended because of changes in the
project description that were made after the Draft EIR had been partially written. That resulted
in the need to obtain updated technical studies and the rewriting of some parts of the Draft EIR
before it could be released for public review. Staff supported the changes made to the project
description and believes the changes ultimately resulted in a project whch better anticipates the
future needs of the facility and the community.
As stated above, any approval of a 10-year time extension would be retroactive. Thus, approval
of a 10-year time extension would result in a new expiration date of March 4, 2012 (effectively 7
years, 3 months and 5 days remaining from December 1,2004).
B. Site Description
The proposed project site is an approximately 11-acre parcel of land (a financial parcel) that is
part of a much larger (approximately 203-acre) parcel. The 203-acre parcel is owned by the
County of San Diego. The existing trash transfer station occupies approximately seven acres of
the 1 1-acre parcel. That portion of the site is fully developed with the existing transfer station.
The remaining 3.9-acre area being proposed for inclusion in the CUP lies between the existing
transfer station and the intersection of Faraday Avenue and Orion Street to the northwest. The
3.9-acre area is currently unpaved and unimproved. The project site has a Planned Industrial (PI)
General Plan designation and Industrial (M) zoning.
The properties to the north have a Governmental Facilities (G) General Plan designation and
Industrial with Qualified Overlay (M-Q) and Open Space (OS) zoning. These properties are
developed with the City's Fire Station No. 5 (on Orion Way) and the Beckman-Coulter facility
(to the northwest). The property to the east has a PI General Plan designation and OS zoning.
This area is undeveloped and is part of an open space preservation area identified in the Habitat
Management Plan (HMP) as "Core Area 5." The properties to the south have PI and G General
Plan designations and have M-Q and OS zoning. The area to the southwest (across Orion
Street) is developed with the Carlsbad Municipal Water District (CMWD) offices, and the area
to the southeast is undeveloped and is also part of the HMP "Core Area 5'' open space
preservation area. The property to the west has a General Plan designation of PI and has M-Q
zoning. These properties are developed with the City's Hiring Center and the Fed Ex campus.
C. Background/Permit History
The Palomar Transfer Station has operated as an integral part of the existing solid waste disposal
system in the North County since about 1977, facilitating the handling of residential and
commercial waste as well as recyclables. Solid waste is collected by commercial haulers or
brought in by private individuals and deposited at the facility. The waste is then transferred to
trailers that haul it to landfills withm the county for final disposal. The facility also includes a
recycling/buy back center open to the general public and storage, repair, paint and wash rack
areas for the truck fleet that was incorporated into the existing facility by CUP 260. 97
I
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
PROJECT NUMBER APPROVALS
CUP 140 September 1977
City Council
November 198 1 ;
Planning Commission
Planning Commission
Planning Commission
CUP 140(A)
CUP 140(B) February 1982
CUP 260* December 1984
The County of San Diego (Airport Division) is the property owner of the Palomar Transfer
Station. The site is leased to the City of Carlsbad, which then sublets the site to the Palomar
Transfer Station, Inc. (a wholly owned subsidiary of Allied Waste Industries, Inc.) for the
operation of the transfer station. As the operator, Palomar Transfer Station, Inc. will continue to
comply with Federal Aviation Administration (FAA) requirements and the McClellan-Palomar
Airport Industrial and Aviation Area Development and Performance Standards as well as local
and state operating requirements. Additionally, Palomar Transfer Station, Inc. has entered into a
sublease agreement with Waste Management, Inc. to use a portion of the property for bin
storagehepair and fleet maintenance.
DESCRIPTION
Construction and operation of waste
transfer station and shredder (no time
limit)
To allow recycling (7 year time limit)
To amend conditions (7 year time limit)
To operate waste transfer station onsite
(use previously abandoned) (5-year time
The transfer station currently accepts 800 tons of solid waste per day and operates within the
parameters of the last approved CUP Amendment (CUP 260@)). There have been no known
recent complaints regarding the operation of this facility. With the continued growth in the city
of Carlsbad and the surrounding communities, it is expected that the existing tonnage amount
will be exceeded forcing the short distance haulers to dnve further with small loads in order to
deposit the waste collected. Therefore, the applicant is proposing to modify the existing facility
to accept the expected increase in solid waste in order to reduce overall impacts to circulation
and air quality that would be created by the small collection trucks dnving greater distances to
the landfills.
CUP 260x1
CUP 260(A)
CUP 260x2
CUP 260(B)
Table 1 (below) describes the various City permit applications and actions that have occurred
over the years.
October 1989
Planning Commission
Withdrawn, May 1991 Parking amendment
November 1994
Planning Commission conditions
March 1997
Planning Commission
5-year extension of CUP
5-year extension of CUP and revised
Amendment to tipping floor, new parking
area, increased capacity (to 800 TPD),
revised dayshours of operation, and 5-
year time extension (to March 2002).
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
Page 6
IV. ANALYSIS
The project is subject to the following regulations and requirements:
A.
B.
C.
D.
E.
F.
Carlsbad General Plan Planned Industrial (PI) designation;
Industrial (M) Zone regulations (Chapter 21.32 of the Carlsbad Municipal Code);
Conditional Use regulations (Chapter 21.42 of the Carlsbad Municipal Code);
Inclusionary Housing regulations (Chapter 21.85 of the Carlsbad Municipal Code);
McClellan-Palomar Airport Comprehensive Land Use Plan; and
Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendation for approval for this project was developed by analyzing the project's
consistency with the applicable City regulations and policies. The project's compliance with
each of the above regulations is discussed in detail in the sections below.
A. General Plan
Staff has analyzed the proposed project (the expansion of the existing trash transfer facility) for
consistency with the City's General Plan. Staff has concluded that the project is consistent with
the PI General Plan designation as discussed in Table 2, below.
Table 2 - GENERAL PLAN CONSISTENCY
ELEMENT
Land Use, Industrial,
Objective B.l
USE, GOAL,
OBJECTIVE, OR
PROGRAM
"To provide industrial
lands which can
accommodate a wide
range of industrial
uses, including those
of relatively high
intensity, while
minimizing negative
impacts to
surrounding land
uses."
Land Use, Growth
Mgmt and Public
Facilities, Goal A.3
"A City that
responsibly deals with
the disposal of solid
and liquid waste."
PROPOSED USES OR
IMPROVEMENTS
The proposed project
involves the expansion
and continued operation
of the existing trash
transfer facility, which is
an allowed use under the
PI designation as
implemented by M
zoning.
The requested use
expansion is being
proposed in order to deal
with the amount of solid
waste expected to be
generated by continued
a-owth in the area.
a9
i
EIR 03-04lCUP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
STANDARD
Use
B. Industrial (M) Zoning
REQUIRED/ALLO WED PROVIDED
Conditionallv allowed use Conditionally allowed use
The existing transfer station is permitted in the M (Industrial) Zone subject to approval of a
Conditional Use Permit. Because there is no residentially zoned property adjacent to the transfer
station, there are no setback requirements or building placement requirements/restrictions that
apply to the project. The transfer facility, as modified by this amendment, would remain in
compliance with all applicable requirements of the M Zone as demonstrated in Table 3, below.
(See Section IV.C of this report for further related discussion.)
Minimum Lot Area
Maximum Lot Coverage
Maximum Building Height
Minimum Front Yard
Table 3 - INDUSTRIAL ZONE & PARKING COMPLIANCE
NIA
NIA
35 ft./3 levels with protrusions
to 45 ft. per Sec. 21.46.020
None required unless
incorporated by CUP
Minimum Side Yards None required unless
incorporated by CUP
Minimum Rear yard N/A
C. Conditional Uses
10.98 ac
11.71%
45 ft. (at highest point fiom
lowest made)
210 R. (Orion right-of-way to
existing scale house)
185 ft,. (Orion right-of-way to
proposed scale house)
60 ft. (southeast side; lease
parcel line to existing paint
booth)
60 ft. (no change)
145 ft. (east side; lease parcel
line to existing tipping floor)
100 ft. (east side; lease parcel
line to proposed tipping floor)
Conditional uses such as the existing transfer facility possess unique and special characteristics
which make it impractical to include them as permitted uses “by right” in the various zoning
districts. Staff has reviewed the proposed CUP Amendment and has concluded that the
necessary findings can be made as discussed in detail in Table 4, below.
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1,2004
Page 8
Table 4 - CONDITIONAL USE
FINDING
That the requested use is necessary or
desirable for the development of the
community, is essentially in harmony with
the various elements and objectives of the
General Plan, including, if applicable, the
certified local coastal program, and is not
detrimental to existing uses or to uses
specifically permitted in the zone in which
the proposed use is to be located.
That the site for the intended use is
adequate in size and shape to
accommodate the use.
That all of the yards, setbacks, walls,
fences, landscaping, and other features
necessary to adjust the requested use to
existing or permitted future uses in the
neighborhood will be provided and
maintained.
That the street system serving the
proposed use is adequate to properly
handle all traffic generated by the
proposed use.
3RMIT FINDINGS AND RESPONSES
The transfer station use provides a needed service
for the community by storing collected trash for
more efficient transfer to disposal sites. The use is
located on a site designated by the General Plan for
industrial (PI) uses and is in an area designated by
the General Plan as least desirable for residential
uses (sites in the general area of the flight path of the
airport). The property is also zoned for industrial
uses (M zone). Therefore, the use is consistent with
the General Plan. The project site is surrounded by
areas zoned for open space or industrial uses. Much
of the surrounding area is undeveloped. The
developed sites contain industrial type uses (e.g., the
CMWD office and equipment storage yard, Safety
Center, etc.). Therefore, the facility is not
detrimental to any existing-uses or permitted uses in
the area.
The proposed amended use can be accommodated
within the proposed site boundaries. The proposed
expanded site will accommodate the existing facility
and provide area for additional parking, improved
internal circulation, and expanded public and
internal activities (additional floor area and a new
tipping bay).
All of the yards, setbacks, walls, fences,
landscaping, and other features necessary to
accommodate the amended use will be provided and
maintained. The modifications to the facility would
occur within the proposed CUP boundaries, thus
requiring no additional adjustments. A new chain
link fence and perimeter landscaping (including
vegetated berms) will enclose the new parkmghin
storage area. Otherwise, no new yards, fences, or
other features are needed to accommodate the use to
the area.
The street system serving the amended use will be
adequate to properly handle all traffic (1,045 ADT)
to be generated by the use. The project design
includes the widening of Orion Street and the
addition of curb, gutter, and sidewalk. Additionally,
two new project entrance lanes would be provided
on the project site to ensure that any queuing does
not negatively impact the function of Orion Street.
Mitigation for any traffic impact may be achieved
through payment of traffic impact fees.
RESPONSE
3,
I
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1 , 2004
Page 9
D. Inclusionary Housing
The proposed use expansion is non-residential in nature, Consequently, the project has been
conditioned to pay a non-residential inclusionary housing linkage fee, should the City establish
such a fee before a Building Permit has been issued for the project.
E. McClellan-Palomar Airport Comprehensive Land Use Plan
The project site is within the Airport Influence Area of McClellan-Palomar Airport. A small
comer of the project site (which does not contain any structures or other identified work areas) is
also within the Flight Activity Zone. No portion of the project site is within any identified noise
contour line (i.e., 60 dBA CNEL or higher) of the airport. The proposed structural changes
would all be consistent with the applicable development standards of the M zone, including the
M zone height restriction of 35 feet/3 levels with protrusions (ie., not usable floor area) allowed
up to 45 feet. The proposed amendments would also not substantially increase the number of
people worhng in the project area. The number of employees (fewer than 100) working at the
project site does not constitute a large assemblage of people. Therefore, the proposed project
(operational and structural changes and the expansion) would not result in a safety hazard for
people residing or working in the area.
The proposed project was submitted to the Airport Land Use Commission (ALUC) for its review
and determination regarding consistency with the McClellan-Palomar Airport Comprehensive
Land Use Plan (CLIP). The ALUC heard the item at its hearing on October 4,2004 and found
that the project was conditionally consistent with the CLIP, calling out two conditions of
approval that would need to be applied to the project. The first condition limits the number of
people on the site to no more than 100. The second condition reiterates the limitation on uses to
those that will not interfere with aircraft activities/safety. Both of those conditions have been
included in the attached resolution approving the project.
F. Growth Management
The proposed project is located within Local Facilities Management Zone 5 in the northeast
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table 5 below.
Table 5: GROWTH MANAGEMENT COMPLIANCE
I
EIR 03-04/CuP 260(C) - PALOMAR TRANSFER STATION
December 1 , 2004
Page 10
V. ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the project in accordance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental
Protection Procedures (Title 19) of the Carlsbad Municipal Code. To determine the areas of
potential impact, city staff prepared an initial study and issued a Notice of Preparation (NOP) on
July 25, 2003, distributing it to all Responsible and Trustee Agencies, as well as other agencies
and members of the public. Comment letters received on the NOP include responses from:
California Integrated Waste Management Board, Department of Toxic Substances Control, and
the San Diego Archeological society.
Staff also conducted a public scoping meeting in order to increase opportunities for public input.
The public scoping session took place November 12, 2003 at the City's Community
Development Building. One person from the public signed in at the scoping session. No
comments were provided by the public at the scoping meeting. After consideration of all of the
foregoing, city staff developed a detailed scope of work for the EIR. The Palomar Transfer
Station EIR analyzed the following areas of potential environmental impact:
Aesthetics Land Use and Planning
Agricultural Resources Noise
Air Quality Population and Housing
Biological Resources Public Services
Cultural Resources Recreation
Geology, Soils, and Mineral Resources
Hazards and Hazardous Materials
Hydrology and Water Quality
Traffic and Circulation
Public Utilities Systems
Additionally, the Draft EIR includes other sections required by CEQA such as an Executive
Summary, Introduction and Project Description, Environmental Setting & Impact Analysis,
Growth Inducing Impacts, Significant Irreversible & Irretrievable Commitment of Resources,
Cumulative Impact Analysis, Alternatives Analysis and Mitigation Summary.
The analysis contained in the EIR concluded, based upon field surveys, literature reviews and the
previously prepared Initial Study, that the proposed project would result in no significant impacts
to aesthetics, agricultural resources, cultural resources, geology soils & minerals, hazards &
hazardous materials, land use & planning, noise, population & housing, public safety, recreation,
traffic, and public utilities systems. Impacts to the remaining resources (air quality & odor,
biological resources, and hydrology & water resources) were found to be less than significant
when mitigation measures were incorporated. Table ES-1 within the EIR lists the mitigation
measures identified for the project.
Three project alternatives were considered in the EIR. They were a) the "No Project" alternative
(i.e., no expansion of the existing facility site, operations, or capacity), b) a "Drainage Swale
Avoidance" alternative, and c) a "Reduced Intensity" alternative (Le., a maximum capacity of
1,500 TPD). The No Project alternative and the Reduced Intensity alternative were determined
to be not superior because neither of those alternatives meets the basic project objectives of
providing a trash transfer system which can handle the anticipated solid waste stream. The
Drainage Swale Avoidance alternative would reduce potential impacts to hydrologic hnction.
(The existing swale holds and filters storm water runoff from the site.) However, the biological 33
EIR 03-04/CUP 260(C) - PALOMAR TRANSFER STATION
December 1 2004
Page - 11
impacts were determined to be less than significant, so the environmental superiority of this
alternative was very small. Additionally, the impacted hydrologic function could be replaced by
storm water pollution prevention measures defined in the SWPP prepared for the project.
On June 7, 2004, the Draft EIR was published and the City notified interested Responsible and
Trustee Agencies, as well as other interested agencies. The “Notice of Completion” commenced
an initial 45-day public review and comment period initially expiring July 2 1, 2004. The City of
Carlsbad received and accepted comments from The State of California Office of Planning and
Research State Clearinghouse and Planning Unit on July 26, 2004, the City of San Diego
Resource Management Division, Environmental Services Department on July 27, 2004, the
County of San Diego Solid Waste Local Enforcement Agency on July 28, 2004 and a joint letter
from the California Department of Fish and Game and U.S. Fish and Wildlife Service on July 28,
2004. The “Notice of Completion” advised that the Draft EIR was available at four locations:
the City of Carlsbad Planning Department; the City Clerk’s Office; the Carlsbad Dove Library
and the Georgina Cole Library. Complete copies were also available for purchase, with or
without the Appendices, through the Planning Department.
A total of 7 comment letters were submitted. Responses were prepared and mailed individually
to each of the commentors. The response transmittal letter also provided notice of the
availability of the Final EIR. Included as a part of the Final EIR is a Mitigation Monitoring and
Reporting Program (MMRP). The MMRP is also attached to the Planning Commission
Resolution for the EIR.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 5799 (EIR)
Planning Commission Resolution No. 5800 (CUP Amendment)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Reduced Exhbits
Full Size Exhibits “A” - “J” dated December 1,2004
34
EXHIBIT “EIR-A”
CITY OF CARLSBAD RESOLUTION
NO. 5799
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT .
for the
ENVIRONMENTAL IMPACT REPORT (EIR 03-04)
PALOMAR TRANSFER STATION EXPANSION
(SCH No. 2003071 175)
35
SECTION 1 .O INTRODUCTION
The Final Environmental Impact Report (hereafter “Final EIR” or “FEIR”) has been prepared
pursuant to the California Environmental Quality Act to address the potential environmental
effects of the Palomar Transfer Station Expansion and associated actions (hereafter “Proposed
Project”) and considered by the City in connection with its public consideration of requested
approval of the Proposed Project. While the full scope of the Proposed Project and associated
approvals are more detailed in Section 1.3 below, the Proposed Project generally consists of a
CUP amendment application (CUP 260(C)) to the City in order to allow the following changes to
the existing operations of the Palomar Transfer Station: expansion of an existing solid waste
transfer station from approximately 7.1 acres to 10.98 acres, modify the existing facility
structures by the addition of one unloading bay so that the handling capacity of the transfer
station increases from 800 tons of trash per day to an average of 2,250 tons per day, and changes
to the operating hours. The Final EIR also analyzed the environmental effects of a range of
project alternatives. The Final EIR and its technical appendices are incorporated herein by
reference as though fully set forth.
1.1 PURPOSE AND LEGAL AUTHORITIES
The California Environmental Quality Act (hereafter “CEQA”) was adopted in 1970 and is
codified in California Public Resources Code (PRC) §§ 21000 et. seq. CEQA is an important
environmental law applicable to public agency decisions to carry out, authorize or approve
projects that could have adverse effects on the environment. CEQA does not directly regulate
project implementation or approvals through substantive standards or prohbitions, but rather
CEQA generally requires only that agencies inform themselves about the potential
environmental effects of a proposed project, carehlly consider all pertinent environmental
information before they act, provide the public an opportunity to review and comment on any
environmental issues, and include conditions or other requirements to avoid or reduce potential
significant adverse effects of the project or action when feasible.
The City has codified environmental protection procedures implementing CEQA and the state
administrative guidelines issued pursuant to CEQA in Carlsbad Municipal Code Chapter 19.04.
Chapter 19.04 provides for the protection and enhancement of the environment by establishing
principles, objectives, criteria, definitions and procedures for evaluation of both public and
private projects, implementing CEQA and the state guidelines and providing for the preparation
and evaluation of environmental documents in accordance therewith. The City’s consideration
of Findings of Fact is a key step in the process of considering the approval of the Proposed
Project while concurrently protecting and enhancing the environment. The applicable standards
and scope of the City’s responsibilities are detailed in the following excerpts fi-om the State
CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, 08 15000 et. seq.;
hereafter “Guidelines 9 15040”).
1-1 36
Section 1 .O - Introduction
Guidelines 0 15040. Authority Provided by CEQA
CEQA is intended to be used in conjunction with discretionary powers granted to
public agencies by other laws.
CEQA does not grant agency new powers independent of the powers granted to the
agency by other laws.
Where another law grants an agency discretionary powers, CEQA supplements those
discretionary powers by authorizing the agency to use the discretionary powers to
mitigate or avoid significant effects on the environment when it is feasible to do so with
respect to projects subject to the powers of the agency. Prior to January 1, 1983, CEQA
provided implied authority for an agency to use its discretionary powers to mitigate or
avoid significant effects on the environment. Effective January 1, 1983, CEQA
provides express authority to do so.
The exercise of the discretionary powers may take forms that had not been expected
before the enactment of CEQA, but the exercise must be within the scope of the power.
The exercise of discretionary powers for environmental protection shall be consistent
with express or implied limitations provided by other laws.
Guidelines 0 15041. Authority to Mitigate
A lead agency for a project has authority to require feasible changes in any or all
activities involved in the project in order to substantially lessen or avoid significant
effects on the environment, consistent with applicable constitutional requirements such
as the 'hexus'' and 'lrough proportionality" standards established by case law (Nollan v.
California Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard, (1994)
512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854.).
When a public agency acts as a Responsible Agency for a project, the agency shall have
more limited authority than a Lead Agency. The Responsible Agency may require
changes in a project to lessen or avoid only the effects, either direct or indirect, of that
part of the project which the agency will be called on to carry out or approve.
With respect to a project which includes housing development, a Lead or Responsible
Agency shall not reduce the proposed number of housing units as a mitigation measure
or alternative to lessen a particular significant effect on the environment if that agency
determines that there is another feasible, specific mitigation measure or alternative that
would provide a comparable lessening of the significant effect.
Guidelines 0 15042. Authority to Disapprove Projects
A public agency may disapprove a project if necessary in order to avoid one or more significant
effects on the environment that would occur if the project were approved as proposed. A Lead
Agency has broader authority to disapprove a project than does a Responsible Agency. A
Responsible Agency may refuse to approve a project in order to avoid direct or indirect
environmental effects of that part of the project which the Responsible Agency would be called
on to carry out or approve. For example, an air quality management district acting as a
Responsible Agency would not have authority to disapprove a project for water pollution effects
that were unrelated to the air quality aspects of the project regulated by the district.
1-2
3J
Section 1 .O - Introduction
Guidelines 9 15043. Authority to Approve Projects Despite Significant Effects
A public agency may approve a project even though the project would cause a significant effect
on the environment if the agency makes a fully informed and publicly disclosed decision that:
(a)
(b)
There is no feasible way to lessen or avoid the significant effect (see Section 15091);
and
Specifically identified expected benefits from the project outweigh the policy of
reducing or avoiding significant environmental impacts of the project. (See: Section
15093.)
Guidelines 5 15090. Certification of the Final EIR.
(a) Prior to approving a project the lead agency shall certify that:
(1)
(2)
The final EIR has been completed in compliance with CEQA;
The final EIR was presented to the decision-malting body of the lead agency, and
that the decision-making body reviewed and considered the information contained
in the final EIR prior to approving the project; and
(3) The final EIR reflects the lead agency's independent judgrqent and analysis.
When an EIR is certified by a non-elected decision-making body within a local lead
agency, that certification may be appealed to the local lead agency's elected decision-
making body, if one exists. For example, certification of an EIR for a tentative
subdivision map by a city's planning commission may be appealed to the city council.
Each local lead agency shall provide for such appeals.
(b)
Guidelines 5 15091. Findings
(a) (a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each finding.
The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency.
Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final
EIR.
(2)
(3)
1-3
Section 1 .O - Introduction
The findings required by subsection (a) shall be supported by substantial evidence in
the record.
The finding in subsection (a)(2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation
measures or alternatives. The finding in subsection (a)(3) shall describe the specific
reasons for rejecting identified mitigation measures and project alternatives.
When making the findings required in subsection (a)(l), the agency shall also adopt a
program for reporting on or monitoring the changes which it has either required in the
project or made a condition of approval to avoid or substantially lessen significant
environmental effects. These measures must be fully enforceable through permit
conditions, agreements, or other measures.
The public agency shall specify the location and custodian of the documents or other
material which constitute the record of the proceedings upon which its decision is
based.
A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
Guidelines 9 15092. Approval.
(a) (a) After considering the Final EIR and in conjunction with making findings under
Section 15091, the Lead Agency may decide whether or how to approve or carry out
the project.
(b) A public agency shall not decide to approve or carry out a project for whch an EIR
was prepared unless either:
(1)
(2) The agency has:
(b)
The project as approved will not have a significant effect on the environment, or
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found
to be unavoidable under Section 15091 are acceptable due to ovemding
concerns as described in Section 15093.
I .2 ENVIRONMENTAL IMPACT REPORT PROCESS
In accordance with CEQA, CEQA Guidelines and Carlsbad Municipal Code Chapter 19.04, the
City prepared an Initial Study. Based on the Initial Study, the City concluded that the Proposed
Project could have a significant impact on the environment and that preparation of an
environmental impact report was necessary and issued its Notice of Preparation (“NOP”) on July
25, 2003, distributing it to all Responsible and Trustee Agencies, as well as other agencies and
members of the public. A number of written responses were received and the City scheduled a
public scoping meeting in order to increase the opportunity for public input. At the scoping
meeting held on November 12, 2003 agencies and the public were invited to comment on the
scope and content of the EIR. No comments were received at this scoping meeting.
39
Section 1 .O - Introduction
After consideration of the NOP and NOP comment letters, Initial Study, the City instructed that
the Draft EIR analyze the potential for environmental impacts associated with the following 15
substantive potential impact areas in the Environmental Analysis section:
Aesthetic
Agricultural Resources
Air Quality/Odor
Biological Resources
Cultural Resources
Geology, Soils and Mineral Resources
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Noise
Population and Housing
Public Services
Recreation
Traffic/Circulation
Public Utilities Systems
Additionally, the Draft EIR was directed to include other CEQA substantive sections including
Executive Summary, Project Description, Effects Found Not to Be Significant, Growth
Inducing, Cumulative Effects, and Alternatives.
The CEQA Guidelines identify several types of EIRs, each applicable to different project
circumstances. This EIR has been prepared as a Project EIR, pursuant to Section 15161 of the
CEQA Guidelines, which defines a Project EIR in the following terms:
Guidelines 5 15161. Project EIR
The most common type of EIR examines the environmental impacts of a specific development
project. This type of EIR should focus primarily on the changes in the environment that would
result from the development project. The EIR shall examine all phases of the project including
planning, construction, and operation.
On June 7, 2004, the Draft EIR was published and the City duly notified interested Responsible
and Trustee Agencies, as well as other interested agencies and sent the State Clearinghouse 15
copies of the Draft EIR and a Notice of Completion (NOC). Additional copies of the Draft EIR
were sent directly to Responsible and Trustee Agencies and other interested parties.
1-5
Section 1.0 - Introduction
Issuance of the “Notice of Completion” commenced a 45-day public review and comment period
ending on July 21, 2004. The “Notice of Completion” advised that the Draft EIR was available,
and was available for review at four locations: the City of Carlsbad Planning Department (1635
Faraday Avenue, Carlsbad, CA 92008); the City Clerk’s Office (1200 Carlsbad Village Drive,
Carlsbad, CA 92008); the Carlsbad Main Public Library (1775 Dove Lane, Carlsbad, CA
92009), and Carlsbad’s Georgina Cole Public Library (1250 Carlsbad Village Drive, Carlsbad,
CA 92008). Complete copies were also available for purchase, with or without the Appendices,
through the Planning Department. The City established the cost of purchase copies at less than
the actual reproduction cost.
Following the end of the public review and comment period to the Draft EIR, every written
comment letter was reviewed and written responses prepared. The written public comments and
the written responses thereto are contained in the Final EIR.
On December 1, 2004 the City Planning Commission held a duly noticed public hearing to
consider, among other things, a Recommendation of Certification of the Final EIR in accordance
with CEQA, the Guidelines and Chapter 19.04. By Planning Commission Resolution No. 5799
the Planning Commission recommended certification of the Final EIR as complete. Resolution
No. 5799 is incorporated herein by reference as though fully set forth.
1.3 INTENDED USE OF THE EIR
The Final EIR has been prepared by the City, acting in its capacity as Lead Agency pursuant to
CEQA and the CEQA Guidelines. The document evaluated the potential environmental impacts
associated with implementation of the Proposed Project, and provided information regarding
environmental effects of the Proposed Project. The EIR process and the information it generates
are used for the following purposes:
To inform the public, decision-makers, elected offiieials and other stakeholders regarding
the Proposed Project and to solicit input on the nature and scope of potential
environmental effects addressed in the Final EIR;
0 To disclose to the public, decision-makers, elected officials and other stakeholders the
potential environmental effects associated with short-term construction and long-term
operation of the Proposed Project;
To identify ways to avoid or minimize potential environmental effects of the Proposed
Project and evaluate alternatives to the proposed action(s);
To provide the Carlsbad City Council with a technically and legally adequate volume of
information to be used in their decision-making process for the pending Conditional Use
Permit (CUP) amendment application;
To provide the County Department of Environmental Health, Solid Waste Local
Enforcement Agency (LEA) and the California Integrated Waste Management Board
with a technically and legally adequate volume of information to augment their decision-
making process for the solid waste facility permit needed for the facility; and
0
0
0
1-6
Section 1.0 - Introduction
County Department of Environmental Health
Solid Waste Local Enforcement Agency (LEA)
California Integrated Waste Management Board
Department of Toxic Substances Control
Regional Water Quality Control Board
0 To provide regulatory agencies with information necessary to determine if they have
jurisdiction over the Proposed Project and, if so, to identify and streamline any
subsequent project permitting requirements.
and Building Permits
Solid Waste Handling Facility Permit
Concurrence with LEA permit issuance
Hazardous Waste permit or exemption certificate
Storm Water Pollution Prevention Plan (CWA
6401 Certification)
I .4 PROJECT APPROVALS
The City of Carlsbad is the Lead Agency for the preparation of this Final EIR and is responsible
for certifying its contents. Once certified, this EIR may be used by the following agencies in
connection with a review of applications for their permits and approvals:
City of Carlsbad
0 County of San Diego, Department of Environmental Health, Solid Waste Local
Enforcement Agency
San Diego County Regional Airport Authority
California Integrated Waste Management Board
California Department of Toxic Substances Control
Regional Water Quality Control Board
0
0
0
Table 1-1 below shows the permits and approvals that are anticipated for ths project:
Table 1-1
1-5 ENVIRONMENTAL SETTING
The Palomar Transfer Station has operated in the City of Carlsbad (City) since 1977, and is
currently permitted to process up to 800 tons of solid waste per day. The Proposed Project site is
located in the northeastern quadrant of the City on South Orion Way, southeast of the current
eastern terminus of Faraday Avenue. El Camino Real is to the west and Palomar Airport Road is
located south of the Proposed Project site.
1-7
Section 1.0 - Introduction
The facility processes residential and commercial municipal solid waste (MSW) and recyclables
collected by commercial haulers or private individuals. Waste is dumped onto a tipping floor,
then pushed to the back of the building by front-end.loaders where it drops into long haul trailers
for transport and final disposal at various landfills within San Diego County. In addition to
waste transfer, the existing facility also includes a recyclinghuy-back center and areas used for
storage, repair, paint and wash racks for the truck container fleet. Green materials such as yard
and landscape clippings, tree branches and other wood trimmings are accumulated in a separate
area of the tipping floor. This segregation of green and wood materials from the MSW is to
ensure that cross contamination does not occur since these materials will be transported
separately for processing. The green and wood materials are then processed and recycled into
mulch and are used for erosion control and alternative landfill cover.
The existing Transfer Station is located on a parcel less than 11-acres in size. This parcel
includes a 3.9-acre triangle-shaped piece of land adjacent to and north of the existing facility,
which is proposed to be fully developed for the Transfer Station expansion. This 3.9-acre area is
used by the Transfer Station for bin storage, however, it is currently unpaved and generally
unimproved.
Carlsbad is a coastal city along the Pacific Ocean in northwestern San Diego County. It is
surrounded by the City of Oceanside to the north, cities of Vista and San Marcos and County of
San Diego to the east, and the City of Encinitas to the south. The ,City of San Diego is
approximately 35 miles south of Carlsbad and the City of Los Angeles is located approximately
90 miles to the north.
The facility is located on an “island” of property owned by the County of San Diego surrounded
by lands that have been incorporated into the City of Carlsbad. The Proposed Project site is
leased by the City from the County. The City in turn leases the site to the transfer station
operator (Palomar Transfer Station, Inc.). Waste Management, Inc. subleases from Palomar
Transfer Station, Inc. to utilize a portion of the property for storage, and fleet and container
maintenance. Current operations are subject to the approval and conditions imposed by a
Conditional Use Permit (CUP 260 (B)) issued by the City.
As capacity is reached in nearby landfills, waste managers are under increasing pressure to either
truck the solid waste longer distances to more remote landfills or increase the handling capacity
of existing waste transfer stations such as the Palomar Transfer Station. With increased size and
additional operating hours, it is anticipated that the transfer station can accommodate increased
loads and user demands, thereby permitting the consolidation @e., reduction) of trips to outlying
landfills. Consolidation avoids increased truck traffic in the region and related vehicle
emissions.
1.6 PURPOSE OF CEQA FINDINGS: TERMINOLOGY
CEQA Findings play an important role in the consideration of projects for which an EIR is
prepared. Under PRC 5 21081 and Guidelines 5 15091 above, where a final ER identifies one
or more significant environmental effects, a project may not be approved until the public agency
1-8
Section 1 .O - Introduction
makes written findings supported by substantial evidence in the administrative record as to each
of the significant effects. In turn, the three possible findings in Guidelines 9 15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project whch
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
(2)
(3)
In turn, Guidelines 6 15092(b) provides that no public agency shall approve a project for which
an EIR was prepared unless either:
(1)
(2) The agency has:
The project as approved will not have a significant effect on the environment, or
(A) Eliminated or substantially lessened all significant effects on the environment
where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
Based on the foregoing, the Guidelines do not provide a bright distinction between the meaning
of “avoid” or “substantially lessen”. The applicable Guidelines are based on PRC 5 21801,
which uses the phrase “mitigate or avoid”, and hence it is generally considered that to “avoid” is
to include changes or alterations that result in the significant effect being reduced to below a
level of significance. In contrast, the phrase “substantially lessen: is used to describe changes or
alteration that materially reduce the significant effect, but not below a level of significance, thus,
while mitigated, the effect remains significant. These Findings will distinguish, for the purposes
of clarity, between effect that have been “avoided” (thereby reduced below a level of
significance) and those that have been “substantially lessened” (thus remain significant).
In combination with the mitigation and monitoring program discussed immediately below, the
following Findings are binding obligations of the project to implement all required mitigation
measures.
1.7 MITIGATION MONITORING AND REPORTING PROGRAM
Pursuant to PRC 0 21801.6, the City has also adopted a detailed mitigation monitoring and
reporting program prepared by the EIR consultant under the direction of the City. The program
is designed to assure that all mitigation measures as hereafter required are in fact implemented
on a timely basis as the Proposed Project progresses through its development and construction
1-9
Section 1 .O - Introduction
phases. Compliance with the “Palomar Transfer Station Expansion Mitigation Monitoring and
Reporting Program” (a copy of which is attached to ths Resolution as “Exhibit EIR-C”) is a
condition of any City approvals and incorporated herein by this reference.
1.8 RECORD OF PROCEEDINGS
For all purposes of CEQA compliance, including these Findings of Fact, the administrative
record of all City proceeding and decisions regarding the environmental analysis of the Proposed
Project shall include the following:
0 The Draft and Final EIR for the Proposed Project, together with all appendices and
technical reports referred to therein, whether separately bound or not;
All reports, letters, applications, memoranda, maps or other planning and engineering
documents prepared by the City, environmental consultant, project applicant, or others
presented to or before the decision-makers as determined by the City Clerk;
All letter, reports or other documents submitted to the City by members of the public or
public agencies in connection with the City’s environmental analysis on the Proposed
Project;
All minutes of any public workshops, meetings or hearings, including the scoping
session, and any recorded or verbatim transcriptshideotapes thereof;
Any letters, reports or other documents or other evidence submitted into the record at any
public workshops, meetings or hearing; and
Matters of common general knowledge to the City which they may consider including
applicable state or local laws, ordinances and policies, the General Plan and all applicable
planning programs and policies of the City.
0
0
0
0
0
The custodian of the full administrative record shall be the City Clerk’s Office, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008.
1-10
i
SECTION 2.0 FINDINGS OF SIGNIFICANT IMPACTS,
REQUIRED MITIGATION MEASURES
AND SUPPORTING FACTS
2.1 AIR QUALITY/ODOR
Impact. Construction and operation activities associated with the Proposed Project could have a
potential for filgitive dust, odor and emissions contributing to local CO, NOx, SO,, and PMlo.
Finding. Although not required by virtue of the project construction and operational predicted
maximum daily emission rates, as significance thresholds would not be exceeded, the following
best management practices as mitigation measures are recommended to reduce potential impacts.
Mitigation Measure AQ-1. All clearing and grading activities shall cease during periods of
high wind (greater than 20 mph averaged over 1 hour).
Mitigation Measure AQ-2. The Developer shall employ existing fogging system during trash
dumping and loading operations.
Mitigation Measure AQ-3. The Developer shall limit vehicle speeds on-site to 10-15 mph.
Factual Support and Rationale. The forgoing air quality mitigation measures will be effective
in reducing airborne fugitive dust, odor and particulate emissions from construction and
operation activities. The combination of employing a fogging system, limiting vehicle speeds,
load requirement limitations, onsite watering, and suspension of grading activities when winds
exceed 20 mph will be effective in minimizing construction and operation dust, particulate
emissions and odors.
2.2 BIOLOGICAL RESOURCES
Impact.
ground disturbance activities on the 3.9-acre expansion area.
Construction of the Proposed Project would require vegetation clearing and other
Finding. Although not required, the following mitigation measures are recommended to reduce
potential impacts on biological resources to the maximum extent feasible.
Mitigation Measure BR-1. The Developer shall preserve the slope in the northeast portion of
the property to minimize erosion and adverse impacts on neighboring areas.
Mitigation Measure BR-2. The Developer shall place silt fencing, haybales and / or sandbags
in potential drainage areas to reduce pollution of off-site watersheds.
Factual Support and Rationale. Implementation of these mitigation measures, together with
Best Management Practices that have already been incorporated into project design and
avoidance of onsite remnant coastal sage scrub habitat will ensure the project’s potential impacts
on biological resources have been minimized.
2-1
I
Section 1.0 - Introduction
2.3 CULTURAL RESOURCES
Impact. The Draft EIR concluded that the project would not have a potentially significant
impact on cultural resources. However, to address the issues raised by the Native American
Heritage Commission in their comment letter on the Draft EIR, the Applicant has volunteered to
add a “Supplemental Voluntary Mitigation Measure” to ensure that any cultural resources found
during the grading phase of the project are adequately protected.
Finding. Although not required, the following Supplemental Voluntary Mitigation Measure has
been included in the unlikely case cultural resources are encountered during the grading phase of
the Proposed Project.
Mitigation Measure CR-1. A culturally-affiliated Native American, with knowledge in cultural
resources, shall be allowed to monitor all grading activities for the project with the provision that
the monitor comply with all necessary safety precautions and requirements at the site. In the
event that significant cultural resources are discovered during the grading for the project, the
project engineer shall temporarily halt ground disturbance activities in the area of discovery to
allow evaluation and potential recovery of potentially important cultural resources.
Factual Support and Rationale. Implementation of this Supplemental Voluntary Mitigation
Measure has been included to address the concerns of the Native American Heritage
Commission and is not a required mitigation measure.
2-2 47
SECTION 3.0 FINDINGS OF NO SIGNIFICANT IMPACTS,
DIRECT AND CUMULATIVE, AND SUPPORTING FACTS
3.1 FINDINGS OF NO DIRECT SIGNIFICANT IMPACT
,The following potential areas of significant impacts were evaluated in the Final EIR and found to
have no significant adverse impacts, and therefore, no mitigation is required. The Supporting
Facts and Rationale fore each item is set forth immediately following the item description.
3.1 .I Aesthetics
The proposed expansion of the Transfer Station would increase the size of the off-loading area,
pave an area for parking that is currently a mix of unpaved earthen parking and vegetation, and
would also remove some existing landscape trees along Orion Street to provide new queuing
lanes. The addition of the new off-loading area would increase the size of the existing building,
which is visible from Palomar Airport Road. However, the new addition would be of the same
design as the existing building, and while the expanded building would be larger it would not
substantially change in appearance. Therefore the potential effects to views from Palomar
Airport Road from the expansion of the off-loading area will not be significant.
The construction of the new parking area and queuing lanes would result in the removal of
existing landscaping and native vegetation that is visible from Orion Street. The Transfer
Station’s landscape plan, required as a part of the development permit will replace landscaping
shielding the interior of the site from the new queuing lane. Implementation of the applicant’s
landscape plan along the perimeter on Orion Street for visual screening will reduce any aesthetic
impacts to less than significant
3.1.2 Agricultural Resources
The Proposed Project will have no impact on agricultural resources. The site is not shown on
maps identifying important farrnland, does not fall within any lands under Williamson Act
contracts, and is not currently and has not in recent times been in agricultural use.
The expansion of the existing solid waste transfer station from approximately 7 acres to 11 acres
by incorporation of a 3.9-acre tract will not result in loss of significant acreage, or a change in
the type or intensity of land use of prime agricultural land and/or other farmlands designated as
Farmlands of Statewide Importance. Therefore, the Proposed Project will have no impacts, and
no mitigation is required.
3.1.3 Cultural Resources
The technical study, literature review and field survey identified no cultural resources within the
project area. Given the negative literature review and field survey, no potential environmental
impacts to cultural resources were identified and no mitigation measures are required. The
Supplemental Voluntary Mitigation Measure CR- 1 has been included to address the concerns of
the Native American Heritage Commission, not for an impact to cultural resources.
3-1
Section 3.0 - hidings of No Significant Impacts, Direct and Cumulative, and Supporting Facts
3.1.4 Geology Soils and Minerals
No active faults have been mapped on or near the project site. However, earthquake hazards are
unavoidable in California. The most significant potential ground shaking would be from the
Rose Canyon Fault due to the relative proximity to the project site. Compliance with all
applicable City grading and building requirements would reduce any potential impacts and
structural damage from earthquakes and ground shaking to less than significant.
This site is not prone to liquefaction due to seismic activity, located on a geologic unit or soil
that is unstable/prone to instability, or on expansive soils. Therefore no impacts are anticipated.
Because there are no known mineral resources of local importance on the project site or in its
vicinity, there will be no impacts to mineral resources as a result of the proposed project.
3.1.5 Hazards and Hazardous Materials
The Palomar Transfer Station has not had a significant release, spill, or emergency since it began
operations in 1977. The addition of oily waste and oil filters will be handled by being stored in
specially designated and designed locked containers until they can be transported to an
appropriate facility. Any potential use of hazardous materials and hazardous waste can be
properly mitigated during the construction phase of the project by requiring the use of best
management practices, and ensuring that contractors that strictly adhere to environmental laws
and regulations.
The expansion of the facility, and increase in activities will not substantially increase any
potential hazards to the public or the environment with regards to the handling of hazardous
materials. Therefore, the effects of the project are found not to be significant and no mitigation
measures are recommended.
3.1.6 Hydrology and Water Resources
Implementation of the Best Management Practices identified in the updated SWPPP and
compliance with NPDES requirements has been shown to reduce potential impacts to less than
significant levels. Additionally, through the Engineering Department, onsite storm drain systems
are reviewed as part of the project to assure adequate drainage facilities will be incorporated into
the Proposed Project. Best Management Practices have been incorporated into overall project
design and will hrther reduce potential short term construction and long term operations impacts
on hydrology and water resources to levels that are below a significance threshold.
3.1.7 Land Use and Planning
3.1.7.1
The proposed Project is the expansion of an existing solid waste facility, which has been
permitted by the CIWMB. No changes in land use designations are proposed and proposed
changes of the Condition Use Permit would be included in the update of the transfer station’s
application to the CIWMB. The proposed expansion and changes in operations would not
impact any current or anticipated CIWMB land use policies.
California Integrated Waste Management Board
3-2
Section 3.0 -Findings ofNo Signifcant Impacts, Direct and Cumulative, and Supporting Facts
3.1.7.2 McClellan-Palomar Airport Land Use Plan
The Palomar Transfer Station is an existing facility .within the McClellan-Palomar Airport Area
of Influence. While the site is not within the Airport’s Runway Protection Zones, the site is
adjacent to the Flight Activity Zone of the Airport. The Flight Activity Zone is an area over
flown by aircraft while within the landing/takeoff pattern. The Airport Plan policies for Flight
Activity Zones are that parcels be held free of intensive development (ie., more than ten
dwelling units per acre), including high rise development and all uses which involve the
assemble of large groups of people (more than 100).
The proposed expansion of the Transfer Station would not create any dwelling units within the
area, and would not increase the height of the structures on the site. Therefore the construction of
the proposed expansion of the Transfer Station would be compatible with the Airport Plan.
During the current operations of the Transfer Station it is possible that more than 100 persons
may periodically be present on the project site (i.e., during the current periods when the public
may drop off waste). This condition may continue after the expansion is built; however,
proposed changes in the times when the public may access the Transfer Station will increase
thereby reducing the chances that larges groups would be assembled. It is anticipated at the
Proposed Expansion of the Palomar Transfer Station and changes to the Conditional Use Permit
would be compatible with the McClellan-Palomar Airport Land Use Plan.
3.1.7.3 City of Carlsbad - General Plan and Zoning Code
Short-term construction-related impacts on surrounding land uses are typically related to dust,
noise and disruption of traffic flow and facility access and egress. Construction of the proposed
physical changes to the waste transfer facility would require the use of the road serving this
industrial area.
These construction-related traffic and noise are not located in close proximity to sensitive land
uses such as residential neighborhoods, schools, hospitals, places of worship, and scientific
institutions. Therefore the operation of such sensitive land uses will not be affected by the
proposed Project’s construction-related activity. The proposed project is consistent with the
City’s General Plan, Zoning Ordinance, landscaping will be consistent with the Landscape
Guidelines Manual, and subject to discretionary review and conditions of approval as part of the
City’s Conditional Use Permit process.
3.1.7.4 City of Carlsbad Habitat Management Plan (HMP)
The Project site is outside of the area to be preserved in open space according to the City’s HMP.
Therefore, the proposed operational and physical changes to the waste transfer station will not
conflict with the City’s HMP.
No significant land use impacts associated with short-term construction activities or long-term
solid waste transfer operations are anticipated with project implementation. Therefore, no
mitigation measures are required or proposed.
3-3 5Q
I
Section 3.0 - hidings of No Significant Impacts, Direct and Cumulative, and Supporting Facts
3.1.8 Noise
3.1.8.1 Off site impacts
The project related traffic noise has the greatest increase along Faraday Avenue fiom El Camino
Real to South Orion. However, there are no noise sensitive residential areas along this roadway
segment. Residential areas are located along Melrose Drive north of Faraday Avenue and south
of Palomar Airport Road; along Palomar Airport Road east of Melrose; and along El Camino
Real north of Faraday Avenue. The greatest project-related noise level increases would be 0.3
dBA. An increase in this level cannot be readily detected outside of controlled laboratory
conditions and is not considered a significant noise impact.
While there are increases in the existing noise conditions along the roadways surrounding the
Project site, these increases are primarily due to general cumulative growth in the area and the
Proposed Project does not contribute substantially to these increases. Therefore, noise impacts
from the Proposed Project would be less than significant.
No significant long-term off-site traffic-related noise impacts are expected to occur due to
implementation of the Proposed Project. Therefore, no mitigation is required or proposed
3.1.8.2 On-site Activities
The Proposed Project would not change the existing land use and operational nature of the
activities at the project site. However, the change in processed tonnage of solid waste from 800
tons per day to a maximum of 2,250 tons per day will result in additional operational activity and
related truck and other vehicle activity on and around the project site. Peak noise levels
generated on the project site are not expected to change with implementation of the Proposed
Project. However, the Proposed Project may result in more of the peak noise levels, but will not
substantially increase noise levels generated at the project site. Based on the noise
measurements the project does not and will not generate noise levels that approach the Noise
Ordinance limits presented previously. Therefore, the project will not result in an off-site noise
impact due to on-site activities.
No significant long-term noise impacts due to the on-site project activities are expected to occur
with implementation of the Proposed Project. Therefore, no mitigation is required or proposed.
3.1.9 Population and Housing
The Proposed Project will not result in the creation of significant new jobs or demand for new
housing. The expansion area of the Proposed Project is currently vacant and would not displace
any existing housing, or necessitate the construction of any replacement housing. The impacts of
the Proposed Project on population and housing would be less than significant.
3 -4
Section 3.0 -Findings of No Significant Impacts, Direct and Cumulative, and Supporting Facts
3.1.10 Public Services
The Proposed Project would not increase the demand for Police or Fire Protection and would not
result in any increase to emergency response times. Therefore no adverse impacts to Police or
Fire Protection services are anticipated.
The Proposed Project would not increase the population of the City of Carlsbad therefore the
project would not create any additional demand for schools, parks or libraries. No impacts to
these public services are anticipated.
No impacts to public services have been identified as being potentially significant. Therefore, no
mitigation measures are proposed or required.
3.1 .I I Recreation
The Proposed Project would not result in direct disturbance or displacement of established
recreation facilities. The Proposed Project would not result in additional population growth in the
City of Carlsbad and would therefore, not increase demands on existing available recreational
resources. The Proposed project would not generate a need for the construction or expansion of
recreational facilities.
3.1 .I2 Traffic
Implementation of the proposed project would have an adverse cumulative impact on the
existing roadway system in the vicinity of the project site. Wle the impacts would be less than
significant, the project will be required to contribute traffic impact fees to fund a fair share of the
planned roadway improvements for cumulative projects and related traffic growth in the City of
Carlsbad. No additional project specific mitigation measures would be required.
3.1 .I3 Public Utilities and Service Systems
3.1.13.1 Utilities
Electric: During construction additional electricity would be used to operate lights, and small
electric hand tools this increase use would be of short duration, would not interrupt any utility
service, nor require additional capacity and is not significant. Once construction is completed no
increase in the level of use of electricity is anticipated. Impacts to electrical utilities would be
less than significant. No mitigation measures are required.
Natural Gas: The Palomar Transfer Station does not currently use natural gas and the proposed
expansion of the Transfer Station will not use gas. Therefore there would be no impacts to this
utility and no mitigation measures are needed.
3.1 .I 3.2 Service Systems
Water: The Proposed Project will expand the size of the storage/maintenance area of the
transfer station as well as increase the size of the transfer area. During construction some
3-5
52
Section 3.0 - l-lldings of No Significant Impacts, Direct and Cumulative, ana Supporting Facts
additional water, could be used in dust suppression, but this increase would occur only during
construction and the impact to the water system would be less than significant. During the
operation of the Transfer Station additional water would be used in the tipping floor area for both
dust and order control. While the increase in operational throughput of waste would result in
increase use of water this increase would not require additional capacity nor decrease the level of
service therefore the impacts of the proposed increased use of the Transfer Station would be less
than significant to water services systems. No mitigation measures are required.
Waste Water: The Proposed Project will expand the size of the storage/maintenance area of the
transfer station as well as increase the size of the transfer area. However, the Proposed Project
would not increase the size of the number of employees. No increase in the amount of sewage
generated at the Transfer Station is anticipated therefore the impacts to the waste water systems
would be less than significant and no mitigation measures are needed.
Storm Water Conveyance System: The proposed expansion of the Transfer Station would
increase the amount of impermeable surface that would likely increase the amount of storm
water runoff; however, the increase would not create any disruption of services, nor would it
require that new storm water facilities be constructed to carry any increase in runoff. Therefore
impacts to the storm water conveyance system from the proposed expansion of the Transfer
Station would be less than significant and no mitigation measures are proposed. While the
impacts to the storm water conveyance system would be less than significant, increased storm
water flows could result in water quality impacts. However, all water quality impacts would be
less than significant with implementation of identified BMPs and compliance with NPDES
requirements (Section 3.1.6, above).
3-6
SECTION 4.0 FINDINGS CONCERNING FEASIBLITY
OF PROJECT ALTERNATIVES
4.1 APPLICABLE STANDARDS
CEQA requires that ERs contain an analysis of alternatives to the proposed Project that would
reduce or eliminate environmental impacts while still meeting the basic goals and objectives if
the Project. Specifically, section 15126.6 (a) of the CEQA Guidelines states that an ER should
“...describe a range of reasonable alternatives to the project, or to the location of the
project, which would feasibly attain most of the basic objectives of the project, but would
avoid or substantially lessen any of the significant effects of the project, and evaluate the
comparative merits of the alternatives. ,>
However, the FER concluded that after the incorporation of the specific mitigation measures
outlined in Section 2 above, the Proposed Project would not have any significant, unmitigatable
effects. Since there would be no significant unmitigatable effects, for the analysis of alternatives
that could be used in place of the Proposed Project the proposed alternatives considered would
have to have in total fewer potential effects, and meet the goals and objectives established for the
Project.
The objectives of the Proposed Project are to:
0 Objective 1 :
0 Objective 2:
0 Objective 3:
Plan for and have a facility to meet hture solid waste needs of the City of
Provide a local station that can accommodate solid waste transfers from
Carlsbad and adjacent communities;
collection trucks to long-haul trailers; and
more extensive facilities to the extent feasible.
Maximize use of existing facilities to avoid the need for entirely new and
4.2 FINDINGS ON PROJECT ALTERNATIVES
The Final ER evaluated a range of potential project alternatives. The project alternatives
included:
No Project;
0
Reduced Intensity Alternative.
Drainage Swale Avoidance Alternative; and
While each of the proposed alternatives would reduce some effects given that none of the effects
would be significant and that none of the alternatives would meet the goals of providing
additional capacity, and accommodate future demand as well as the Proposed Project the FER
concluded that while feasible none of the alternatives were superior to the Proposed Project.
4-1 54
, I
Section 4.0 - Findings Concerning Feasibility of Project Alternatives
4.2.1 No Project Alternative
The No Project Alternative assumes continuation of current waste transfer operations and no new
development on the site.
Selection of this alternative does not address the existing demand for expanded waste
management capacity in Northern San Diego County, and implies that additional
capacity will be developed at another site.
The No Project Alternative would not generate the impacts identified in the EIR.
However, assuming increased solid waste needs in the City of Carlsbad and adjacent
communities and no modifications to the existing facility’s tonnage capacity,
implementation of this alternative would result in potential increase in overall traffic,
amount of energy consumed, and air pollution as a result of the general public and trash
trucks malting trips to other more distant locations that can accommodate increased
solid waste needs. Therefore the No Project Alternative is not considered the
Environmentally Superior Alternative because it fails to meet the basic project
objectives in providing a local transfer station.
Drainage Swale Avoidance Alternative
The Drainage Swale Avoidance Alternative is similar to the proposed’project, except it will
avoid the ephemeral drainage within the expansion site.
Implementation of BMP’s and fencing installed around the drainage would avoid
impacts to this resource. However, avoiding the ephemeral drainage would disrupt
operations and preclude a continuous operational surface linking the proposed
expansion area with the existing transfer station facilities. Since the swale was
determined to have no special habitat value, and does not constitute a significant impact
of the proposal, this alternative offers no environmental advantage over the proposed
action.
The City considered whether this reduction should lead to a determination that this
alternative qualified as the environmental superior alternative as contemplated in
CEQA. It is concluded that since the impacts to biological impacts are not significant,
there is only a slight environmental advantage to avoiding the swale. The swale
currently serves the purpose of holding and filtering storm water runoff fiom the site, a
hydrologic function that would need to be replaced by storm water pollution prevention
measures as defined in the SWPPP prepared for this Proposed Project.
Reduced Intensity Alternative
The Reduced Intensity Alternative assumes the same location as the Proposed Project, but
includes a cap on the maximum daily capacity of 1,500 tons of solid waste per day. The transfer
station currently accepts 800 tons of solid waste per day and the proposed project calls for an
increase to a maximum 2,250 tons per day.
4-2
Section 4.0 - Findings Concerning Feasibility of Project Alternatives
(A) A Reduced Intensity Use of the transfer station to accept 1,500 tons per day would
generate impacts less than that of the Proposed Project in air quality, traffic, and noise.
However, at 1,500 tons per day, the Reduced Intensity Use Alternative would not meet
the basic project objectives. Air, traffic, and noise impacts of the Proposed Project are
not significant relative to the baseline conditions, and therefore, this alternative does
not avoid or lessen significant effects of the proposal.
4-3
EXHIBIT “EIR-B”
CITY OF CARLSBAD RESOLUTION
NO. 5799
MITIGATION MONITORING AND REPORTING
PROGRAM
for the
ENVIRONMENTAL IMPACT REPORT (EIR 03-04)
PALOMAR TRANSFER STATION EXPANSION
(SCH No. 2003071 175)
MITIGATION MONITORING AND REPORTING PROGRAM
I .I INTRODUCTION
The primary goals and objectives of the Proposed Project are to:
Meet existing and increased solid waste processing demands in Northern San Diego
County;
Continue operating as a local transfer station to allow long-haul trailers to transfer solid
waste to distant landfills;
= Accommodate future solid waste needs of the City of Carlsbad and adjacent
communities; and
Provide a location for the general public’s solid waste recycling needs.
=
.
1.2 LEAD AGENCY
The City of Carlsbad is the Lead Agency for the preparation of the EIR and the incorporated
MMRP in accordance with CEQA Guidelines (CCR, Title 14 $9 15082 (a), 15103, 15375). As
the lead agency, the City of Carlsbad is responsible for ensuring that mitigation measures are
implemented.
I .3 GOALS AND OBJECTIVES OF MITIGATION MEASURES
Mitigation measures are designed to avoid, minimize, rectify, reduce, eliminate or compensate
for significant impacts caused by construction, operation or maintenance of a project. Mitigation
measures developed for this EIR were selected to mitigate potentially significant adverse
environmental impacts to a less than significant level. Mitigation measures included in the
MMRP are presented by resource category.
1.4 VERIFICATION SCHEDULE
The verification schedule for mitigation measures is categorized in Table 1 as either construction
or operation. Mitigation measures that are to be implemented during on-going operations must
be implemented immediately upon project approval or as otherwise specified by the City.
Applicant must keep records of all mitigation measure implementation and supply reports to the
City upon request.
I .5 POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS
The following environmental issues were identified as potentially significant in the EIR:
1-1
,
Mitigation Monitoring and Reporting Program
1.5.1 Air Quality/Odor
Activities associated with the construction and extended hours of operation could generate tail
pipe emissions, fugitive dust and odor that may have an adverse effect on local and /or regional
air quality. Though not required, these mitigation measures are recommended.
I .5.2 Biological Resources
Activities associated with construction could potentially disturb vegetation communities
1.5.3 Cultural Resources
The Draft EIR concluded that the project would not have a potentially significant impact on
cultural resources. However, to address the issues raised by the Native American Heritage
Commission in their comment letter on the Draft EIR, the Applicant has volunteered to add a
“Supplemental Voluntary Mitigation Measure” to ensure that any cultural resources found during
the grading phase of the project are adequately protected.
1.6 MITIGATION MEASURES AND VERIFICATION SCHEDULE
The following mitigation measures will be incorporated into the Conditions of Approval for this
Project in order to mitigate identified environmental impacts to a less than significant level. An
initialed box for each mitigation measure indicates that this mitigation measure has been
complied with and implemented, and fulfills the City’s monitoring requirements with respect to
Assembly Bill 3 180 (Public Resources Code Section 2 108 1.6).
1-2
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Exhibit “X“-Re\*ised
March 5,1997
PROPOSED TWFIC/CIRCULATION IMPROVEMENTS
The following traffic and circulation system improvements are included in the proposed
project as designed:
1.
2.
3.
4.
5.
Faraday Dedication
The County shall make an Irrevocable Offer to Dedicate (“IOD”) to the City of
Carlsbad (“Carlsbad”), at no cost .and free of all liens and encumbrances. Faraday
Avenue along the project site from the western edge of the County ownership and
extending all the way to the East edge of the County ownership. The IOD shall be
for an 84-foot right of way including slope and drainage easements. No
improvements shall be required at this time. Design and alignment of Faraday
Avenue shall comply with the City’s design standards for a secondary arterial.
Access Road Dedication and ImDrovement
The County shall make an IOD approximately 1800 feet long, at no cost and free
of all liens and encumbrances, in favor of Carlsbad for a 48-foot right of way
covering the public easementjaccess road that serves the Transfer Station. In
addition, this access road shall be improved to 40 feet, industrial street standards,
with a/c berms on each side, including stripping, etc. as required by Carlsbad.
Faraday and El Camino Real Intersection Imurovements ,
The intersection of Faraday and El Camino Real shall be improved to provide two
left turn lanes out of Faraday onto El Camino Real, one through lane, and one
right turn lane, with a mediaddivider, as required by Carlsbad.
Deceleration Lane On El Camino Real
A deceleration lane approximately 300 feet in length improved to prime arterial
standards shall be installed on El Camino Real South of the current connection to
the access road.
Implementation of Road Imurovements
The foregoing road improvements are to be installed and paid for in conformance
with the terms of the litigation settlement agreement between Carlsbad, the
County, and Coast Waste Management. The IOD’s shall be made as soon as
poSsible and in no event later than 180 days after CUP approval.
6. Additional Street Dedications and Improvements
The owner shall make such additionat street dedications and improvements as
may be agreed to in the litigation settlement agreement between Carlsbad. the
County, and Coast Waste Management.
7. Fence Removal
The appIicant shall remove the fence that crosses part of the access road prior to
dedication.
I
BACKGROUND DATA SHEET
CASE NO: EIR 03-04/CUP 260(C)
CASE NAME: Palomar Transfer Station
APPLICANT: Palomar Transfer Station. Inc.
REQUEST AND LOCATION: Expansion of existing trash transfer station
LEGAL DESCRIPTION: A portion of lots A and B of Rancho Agua Hedionda according to
Map No. 823 filed on November 16,1986.
APN: 209-050-25 Acres: 3.9 (expansion) 10.9 (total) Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: PI
Density Allowed: N/A
Existing Zone: M
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: M
Zoning
Site M
North M-0 and OS
South M-Q and OS
East os
~ ~~
West M-Q
General Plan Current Land Use
PI Trash transfer facility
G Fire Station 5
PI and G
PI Open space
Open space, CMWD offices
PI Hiring Center, Fed Ex
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued
Final Environmental Impact Report, dated September 2004
Other,
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: EIR 03-04/CUP 26OCC) - Palomar Transfer Station
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI
ZONING: M
DEVELOPER’S NAME: Palomar Transfer Station, Inc.
ADDRESS: 8364 Clairemont Mesa Blvd; San Dieao, CA 921 11
PHONE NO.: (858) 694-2212 ASSESSOR’S PARCEL NO.: 209-050-25
QUANTITY OF LAND USEDEVELOPMENT (AC.): 3.9 (expansion) 10.9 (total
ESTIMATED COMPLETION DATE: N/A
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities: Demand in Square Footage = N/A
Library: Demand in Square Footage = N/A
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = $.40/sf
,No Demand Increase
Drainage: Demand in CFS = .5
Identify Drainage Basin = BP
(Identify master plan facilities on site plan)
Circulation: Demand in ADT = 1,045
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 5
Open Space: Acreage Provided = N/A
Schools: Statutory Fee
(Demands to be determined by staff)
Sewer: Demands in EDU 4
Identify Sub Basin = BuenaNallecitos
(Identify trunk line(s) impacted on site plan) 5c
Water: Demand in GPD = No Demand Increase
DISCLOSURE STATEMENT
-
. . . .. . .. .
losure of cedain ow0 ch will require .. ..
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
ation acting as a unit.”
and property owner must be
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation 01: partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Corp/Part Palomar Transfer Station, Inc.
Title Title See attached
Address Address 8364 Clairemont Mesa Blvd.
San Diego, CA 92111
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) fN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person County of San Diego
Title Department of Public Works
Address 5555 Overland Dr., San Diego, CA 92123
66
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559
EXHIBIT A
ADDITIONAL PERSONS HAVING A FINANCIAL INTEREST.
City of Carlsbad
(Lessee of Palomar Transfer Station from County of San Diego)
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Palomar Transfer Station, Inc.
(Sub Lessee of Palomar Transfer Station from City of Carlsbad)
8364 Clairemont Mesa Blvd.
San Diego, CA 92111
Waste Management, Inc. and affiliates
(Sub Lessee of a portion the Palomar Transfer Station from Allied Waste Industries, Inc’s affiliate
Palomar Transfer Station, Inc.)
5960 ECR
Carlsbad, CA 92008
CERTIFICATE
The undersigned certifies that she is a duly elected, qualified and acting Secretary of
PALOMAR TRANSFER STATION, INC., a California corporation (the “Corporation”), and
that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the
Board of Directors of the Corporation, and that such resolutions have not been amended or
rescinded and are in full force and effect on the date hereof.
Dated: August 7,2001.
Secretary
SCHEDULE A
APPOINTMENT OF OFFICERS
WHEREAS, the Board of Directors of the Corporation desires to appoint
officers of the Corporation to serve in the appointed capacity until their respective
successors are duly appointed and qualified.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors
does hereby elect the following persons as officers of the Corporation to serve in
the capacity set forth opposite their name until such time as their successors are
duly elected and qualified:
President
Executive Vice President
Vice President
Secretary
Assistant Secretary
Assistant Secretary
Treasurer
Joe Mrjenovich
Donald W. Slager
James Ambroso
Jo Lynn White
Jenny L. Apker
David Smith
Thomas P. Martin
FURTHER RESOLVED, that for purposes of these resolutions, the
“Proper Officers” shall mean Joe Mrjenovich, Donald W. Slager, James Ambroso,
Jo Lynn White, Jenny L. Apker, David Smith and Thomas P. Martin, the
Corporation’s President, Executive Vice President, Vice President, Secretary,
Assistant Secretaries and Treasurer, respectively;
FURTHER RESOLVED, that these officers are empowered to carry out
the day-to-day business of the Corporation, subject to direction and control of the
Board of Directors;
FURTHER RESOLVED, that each of the Proper Officers be and hereby
are authorized and directed to make, execute, provide and deliver any and all
statements, applications, certificates, representations, payments, notices, receipts
and other instruments, agreements and documents, and to take any and all other
action which, in the opinion of such officer is, or may be, necessary, advisable or
appropriate in connection with the business, properties and operations of the
Corporation, all of which actions to be taken or previously taken are hereby
ratified and confirmed in all respects.
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Planning Commission Minutes December 1,2004 Page 3 EXHIBIT 5
2. EIR 03-O4/CUP 260(C) - PALOMAR TRANSFER STATION - Request for a
recommendation of certification of an Environmental Impact Report, a recommendation of
adoption of the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit Amendment
and a ten-year time extension to allow an expansion and continued operation of the Palomar Transfer Station on a site located on the east side of Orion Street between
Faraday Avenue and El Camino Real, within Local Facilities Management Zone 5.
Mr. Neu introduced Item 2 and stated Senior Planner Elaine Blackburn would make the staff presentation.
Commissioner Baker disclosed that she had been at the Coast Waste Management site for a tour on
Monday afternoon. Commissioner Segall also disclosed that he had been at the site for tour.
Chairperson Whitton opened the public hearing on Item 2.
Ms. Blackburn stated the project site is located near the City Safety Center and CMWD offices on Orion
Way. The project site is an Il-acre parcel owned by the County and has been on the site for several
years. It currently occupies about 7 acres of the site. The remaining 3.9 acres at the northwestern corner
of the site is the area of the proposed expansion and is currently unpaved and unimproved. There are
both physical and operational changes proposed for the site. The physical changes involve an expansion into the 3.9 acres of the site which will be paved and used for bin storage as well as some truck parking
and related activities. Also proposed is a 6,700 square foot expansion of the transfer area building to
increase the tipping floor space and the addition of a new load-out bay. Other changes include traffic/circulation system improvements and additional landscaping screening. Operational changes
include revised conditions to allow the facility to operate at the proposed design capacity (14,000 tons per
week at an average of 2,000 tons per day but not to exceed 2,250 tons per day). The applicant is also
proposing revised days and hours of operation, including the potential to be open for public operations
seven days per week. The applicant is also proposing a ten-year time extension. This project requires
approval of the Airport Land Use Commission which found the project to be conditionally consistent with
the Airport Land Use Plan. The Commission requested that two conditions be added to the project. Those conditions are in regards to large assemblies of people near or around the facility (should be a
maximum of 100 people) and to avoid bird attractions and bird strikes. Ms. Blackburn stated those conditions have been incorporated into the project. Ms. Blackburn also stated an EIR was completed for
the project. A public scoping meeting was held in November 2003 and all of the normal processes for an
EIR, including a 45-day review period, were complete. Seven comment letters were received during the
public review period. All of the letters were from other agencies; there were none received from citizens.
There were a number of focus areas addressed in the EIR: aesthetics/visual resources, air quality and
odor, biological resources, cultural resources, hydrology and drainage, noise, and traffic circulation.
Mitigation measures are included for air quality/odor control, biological resources, and cultural resources.
With the mitigation, all impacts would be reduced to a less than significant level. Ms. Blackburn
concluded her presentation and stated she would be available to answer any questions, and introduced
the applicant and the EIR consultant.
Chairperson Whitton asked if there were any questions of staff.
Commissioner Heineman asked how the long ten-year extension would actually be due to it being approved retroactively. Ms. Blackburn stated it would be about 7 years and some months.
Commissioner Dominguez inquired about how the increase tons per day relates to the increase in traffic. Ms. Blackburn stated that generally there will be an increase in traffic but there would be a net reduction
of'trips during the peak travel times. The traffic impacts did not meet the threshold level of significance in the EIR.
Commissioner Cardosa asked if the applicant is responsible for repairing any access roads to the facility
that might be damaged. Ms. Blackburn stated there are a number of conditions for a variety of traffic
improvements in place including the condition of Orion Way. Commissioner Cardosa inquired how those areas are monitored and who is responsible. Mr. Wojcik stated there is a yearly pavement management
program in which all the City streets are assessed for any damages or needed improvements.
Planning Commission Minutes December 1,2004 Page 4
Commissioner Montgomery asked if based on the location of the site are there any potential impacts to
the future development nearby. Ms. Blackburn stated this project should continue to be compatible with
both the existing development and any future development nearby.
Commissioner Segall inquired if this project is being conditioned for some improvements on Faraday
Avenue. Mr. Wojcik stated that there are not any requirements for the applicant to improve Faraday
Avenue. The property owner (the County) will dedicate a right-of-way for Faraday Avenue.
Commissioner Segall asked if assumptions were made regarding traffic impacts. Mr. Wojcik stated that
the amount of peak hour trips that would be generated at that intersection were included in the analysis of
future development.
Commissioner Baker asked if all of the trucks that transport the trash from the site to the landfill are
required to be covered. Ms. Blackburn stated the applicant would be able to answer the question.
Chairperson Whitton asked if there further questions of staff. Seeing none, he asked if the applicant
wished to make a presentation.
Stan Weiler, Hofman Planning Associates, 5900 Pasteur Court, Carlsbad, stated he concurred with the
staff report, the presentation and the conditions of approval. Mr. Weiler commented that all the trucks are
covered prior to leaving the site. He further stated he would be available to answer any questions.
Commissioner Dominguez inquired if the site accepted paint residue and other chemicals. Mr. Weiler
responded that the site does not accept household hazardous waste. Mr. Ambroso, district manager of Allied Waste, 8364 Clairemont Mesa, San Diego, owner of the Palomar Transfer Station, stated that the
need has never been seen before at the site and would require more space, therefore they did not pursue
it in the permits. Mr. Ambroso also commented that the peak traffic time for the site is in the afternoon as compared to the early morning and late afternoon peak traffic times on the surrounding streets.
Chairperson Whitton asked if there were any other questions of staff. Seeing none, he opened and closed public testimony on the item.
Chairperson Whitton asked if there were any further questions.
MOTION
ACT ION : Motion by Commissioner Baker, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 5799 recommending certification of EIR 03-04 and recommending adoption of the Candidate Findings
of Fact and the Mitigation Monitoring and Reporting Program, and adopt
Planning Commission Resolution No. 5800 recommending approval of CUP
260(C) based upon the findings and subject to the conditions contained therein.
DISCUSSION
Commissioners Segall, Montgomery, Cardosa, Heineman and Baker all stated their support of the
project.
Commissioner Dominguez stated his support of the project although he is a little concerned about the
potential traffic impacts. He also commented that the citizens of Carlsbad should have the ability to
dispose of household hazardous waste somewhere in Carlsbad and not have to travel outside the City to do so.
Chairperson Whitton stated he supported the project and concurred with Commissioner Dominguez
regarding the household waste.
VOTE: 7-0
AYES:
NOES: None
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery and Segall
81
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a
public hearing at 6:OO p.m. on Tuesday, February 1, 2005, to consider certification of an
Environmental Impact Report, adoption of the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program, and approval of a Conditional Use Permit Amendment and a ten-year time extension to allow an expansion and continued operation of the Palomar Transfer Station located on the east side of Orion Street between Faraday Avenue and El
Camino Real and within Local Facilities Management Zone 5 and more particularly described
as:
A portion of lots A and B of Rancho Agua Hedionda according to Map No. 823 filed on November 16, 1986.
NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT
1200 CARLSBAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL
MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE,
CARLSBAD, CALIFORNIA.
IF THE CONSTRUCTION IS COMPLETE, THE REGULAR MEETING WILL BE AT THE
COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE.
PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CIN CLERKS OFFICE TO
CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available online at http://www.ci.carlsbad.ca.us on or after Friday, January 28, 2005. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-4621.
If you challenge the Environmental Impact Report, Candidate Findings of Fact and Mitigation
Monitoring and Reporting Program and/or Conditional Use Permit Amendment in court, you
may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: EIR 03-04/CUP 260(C)
CASE NAME: PALOMAR TRANSFER STATION
PUBLISH: January 21,2005
CITY OF CARLSBAD CITY COUNCIL
PALOMAR TRANSFER STATION
EIR 03-04/CUP 260(C)
h. do, rl
IFOR THE INFORMATION OF 1
February 1,2005
TO: Mayor and City Council
THE CITY COUNCIL
2-t-05 cc -re : e.-+, c\ey-\c FROM: City Attorney
R5st. CY+, Qecsc-
s>eg. t-33 e\&+. PALOMAR TRANSFER STATION EIR 03-04/CUP 260(~)
If the Council is interested in adding conditions to the Palomar Transfer Station CUP to
clarify the tonnage limit, the daydhours of operation and truck route control it would be
appropriate to revise City Council Resolution No. 2005-029 as follows:
“3.
the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 5800, on file with the City Clerk and incorporated herein
by reference, are findings and conditions of the City Council except:
That Conditional Use Permit amendment (CUP 260(C)) is approved and
a. The maximum allowed capacity of the Palomar Transfer Station shall be
determined as follows:
i. Effective with the approval of this CUP, the capacity of the Palomar
Transfer Station shall be a maximum of 10,500 tons of waste per
week, averaging a maximum of 1,500 tons per day not to exceed
1,800 tons in any one day.
ii. Effective January 1 , 2009, the maximum allowed capacity of the
Palomar Transfer Station shall be increased to 12,250 tons of
waste per week, averaging a maximum of 1,750 tons per day, not
to exceed 2,100 tons of trash in any one day, unless the City
Council determines, after a report and recommendation by the City
Engineer and giving notice and an opportunity to be heard to
applicant, that the increased tonnage would not be necessary or
desirable for the development of the community or that the street
system serving the Palomar Transfer Station is not adequate to
properly handle all of the traffic generated by the proposed use.
iii. Effective January 1, 201 1, the maximum allowed capacity of the
Palomar Transfer Station shall be increased to 14,000 tons of
waste per week, averaging a maximum of 2,000 tons per day, not
to exceed 2,250 tons in any one day unless, the City Council finds,
after a report and recommendation by the City Engineer and giving
notice and an opportunity to be heard to applicant, that the
increased tonnage would not be necessary or desirable for the
development of the community or that the street system serving the
Palomar Transfer Station is not adequate to properly handle all of
the traffic generated by the proposed use.
b. Effective with the approval of this Conditional Use Permit, the maximum
allowed days and hours of operation of the Palomar Transfer Station shall
be as follows:
I.
ii.
iii.
iv.
Commercial operations (collection trucks): 500 a.m. to 8:OO p.m.
seven days per week;
Transport trucks (external traffic to and from station) and loading of
transport trucks (internal activities) operations: 4:OO a.m. - 12:OO
a.m. (midnight) seven days per week;
Public access: up to 9:00 a.m. - 4:OO p.m. Monday-Friday and 7:30
a.m. - 4:OO p.m. Saturday and Sunday; and
Fleet Maintenance activities: 5:OO a.m. - 1 :00 a.m. seven days per
week
The applicant may request an amendment to expand the hours of
operation up to the limits specified in the Project EIR 03-04.
c. This CUP serves as a permit for oversize or load permit under Carlsbad
Municipal Code Chapter 10.33 and a truck route determination under
Carlsbad Municipal Code Chapter 13.34. The Council reserves the right
to change the terms and conditions of these permits following a report and
recommendation of the City Engineer and notice and opportunity to be
heard by the applicant at a public hearing.”
Should you have any questions regarding
me.
please do not hesitate to contact
City Attorney
rmh
c: City Clerk
City Manager
Public Works Director
Community Development Director
Interim Planning Director
Senior Management Analyst Kermott
Senior Planner Blackburn
Palomar Transfer StationPalomar Transfer StationEIR 03EIR 03--04/CUP 260(C)04/CUP 260(C)
Location MapLocation MapSITEE L C A M IN O R E A LFARADAYAVEIMPALA DRPALOMARAIRPORTRDSAFETYCENTERPALMER WYORION WYORION ST
Project SiteProject Site1111--acre parcel owned by Countyacre parcel owned by CountyExisting trash transfer station on Existing trash transfer station on approximately 7 acres of the 11approximately 7 acres of the 11--acre parcelacre parcel3.93.9--acre expansion area currently unpaved acre expansion area currently unpaved and unimprovedand unimprovedGeneral Plan General Plan ––Planned Industrial (PI)Planned Industrial (PI)Zoning Zoning ––Industrial (M)Industrial (M)Adjacent to HMP "Core Area 5" Adjacent to HMP "Core Area 5"
Proposed ProjectProposed ProjectPhysical Changes:Physical Changes:3.9 acre expansion for bin storage, truck 3.9 acre expansion for bin storage, truck parking (47 spaces), and related activitiesparking (47 spaces), and related activities6,784 6,784 sfsfexpansion of the transfer building to expansion of the transfer building to increase tipping floor space and add new increase tipping floor space and add new loadload--out bayout bay
Proposed Project (cont’d)Proposed Project (cont’d)Physical Changes (cont’d):Physical Changes (cont’d):Traffic/circulation system improvementsTraffic/circulation system improvements••Orion frontage Orion frontage ––widening; curb, gutter and widening; curb, gutter and sidewalk; 2 new queuing lanes on east sidesidewalk; 2 new queuing lanes on east side••Orion and Faraday Orion and Faraday ––landscape screening, landscape screening, including trees, vegetated including trees, vegetated bermsberms••Faraday (future) Faraday (future) ––preservation of CSS (0.3 ac)preservation of CSS (0.3 ac)••Scale area revisionsScale area revisions
Proposed Project (cont’d)Proposed Project (cont’d)Operational Changes:Operational Changes:Increase capacity to 14,000 TPW, average Increase capacity to 14,000 TPW, average of 2,000 TPD, not to exceed 2,250 TPDof 2,000 TPD, not to exceed 2,250 TPD••Currently 800 TPDCurrently 800 TPD••Originally analyzed for 1,500 TPDOriginally analyzed for 1,500 TPD
Proposed Project (cont’d)Proposed Project (cont’d)Operational Changes (cont’d):Operational Changes (cont’d):Expand days/hours of operationExpand days/hours of operation••Collection trucks: 5:00 a.m. to 8:00 p.m. 7 days Collection trucks: 5:00 a.m. to 8:00 p.m. 7 days per weekper week••Transport trucks (external traffic) & loading of Transport trucks (external traffic) & loading of transport trucks (internal activity) transport trucks (internal activity) ––24 hours a 24 hours a day, seven days per weekday, seven days per week
Proposed Project (cont’d)Proposed Project (cont’d)Operational Changes (cont’d):Operational Changes (cont’d):Expand days/hours of operationExpand days/hours of operation••Fleet maintenance activities Fleet maintenance activities ––5:00 a.m. to 1:00 5:00 a.m. to 1:00 a.m. 7 days per weeka.m. 7 days per week••Public access (maximum days/hours) Public access (maximum days/hours) ––7:00 a.m. to 4:00 p.m. Monday through Friday 7:00 a.m. to 4:00 p.m. Monday through Friday and 7:30 a.m. to 4:00 p.m. Saturday and Sundayand 7:30 a.m. to 4:00 p.m. Saturday and Sunday
Proposed Project (cont’d)Proposed Project (cont’d)1010--year time extensionyear time extension••Retroactive to March 5, 2002Retroactive to March 5, 2002
Staff AnalysisStaff AnalysisM Zone complianceM Zone complianceUse is necessary/desirable for community Use is necessary/desirable for community and in harmony with General Plan (PI and in harmony with General Plan (PI designation)designation)Site is adequate in size and shape for useSite is adequate in size and shape for useAll yards, setbacks, landscaping, other All yards, setbacks, landscaping, other features to be provided and maintainedfeatures to be provided and maintainedStreet system serving use is adequateStreet system serving use is adequate
Airport Land Use PlanAirport Land Use PlanAirport Land Use Commission (ALUC):Airport Land Use Commission (ALUC):Hearing on October 4, 2004Hearing on October 4, 2004Conditionally consistent with CLUPConditionally consistent with CLUP••Assembly areas: Maximum 100 peopleAssembly areas: Maximum 100 people••Avoid bird attractions/bird strikesAvoid bird attractions/bird strikesConditions incorporatedConditions incorporated
Project EIRProject EIRPublic Scoping Meeting November 12, 2003Public Scoping Meeting November 12, 2003Draft EIR 45Draft EIR 45--day public review period day public review period June 7, 2004June 7, 2004Public review period closed July 21, 2004Public review period closed July 21, 20047 comment letters received7 comment letters received
EIR Comment Letters From:EIR Comment Letters From:San Diego County Regional Airport AuthoritySan Diego County Regional Airport AuthorityNative American Heritage CommissionNative American Heritage CommissionCalifornia Integrated Waste Management BoardCalifornia Integrated Waste Management BoardState Office of Planning and ResearchState Office of Planning and ResearchCity of San DiegoCity of San DiegoCounty of San Diego County of San Diego --Local Enforcement AgencyLocal Enforcement AgencyCDFG & USFWSCDFG & USFWS
EIR Key IssuesEIR Key IssuesAesthetics/visual resourcesAesthetics/visual resourcesAir quality and odorAir quality and odorBiological resourcesBiological resourcesCultural resourcesCultural resourcesHydrology and drainageHydrology and drainageNoiseNoiseTraffic and circulationTraffic and circulation
EIR ConclusionsEIR ConclusionsNo adverse unavoidable significant impactsNo adverse unavoidable significant impactsAll impacts can be mitigatedAll impacts can be mitigated
EIR (cont’d)EIR (cont’d)Mitigation measures included for: Mitigation measures included for: ••Air quality/odor controlAir quality/odor control••Biological resourcesBiological resources••Cultural resources Cultural resources
Mitigation Measures RequiredMitigation Measures RequiredBiological ResourcesBiological ResourcesPreserve slope on northeast portion of property to Preserve slope on northeast portion of property to minimize erosion and adverse impacts on minimize erosion and adverse impacts on neighboring areasneighboring areasSilt fencing, hay bales and/or sandbags will be Silt fencing, hay bales and/or sandbags will be placed in potential drainage areas to reduce placed in potential drainage areas to reduce pollution of offsite watershedspollution of offsite watersheds
Mitigation Measures RecommendedMitigation Measures RecommendedAir Quality/Odor ControlAir Quality/Odor ControlAll clearing and grading should cease during All clearing and grading should cease during periods of high windsperiods of high windsEmploy existing fogging system during operationsEmploy existing fogging system during operationsVehicle speeds onVehicle speeds on--site should be limited to 10 to site should be limited to 10 to 15 mph15 mph
Mitigation Measures RecommendedMitigation Measures RecommendedCultural ResourcesCultural ResourcesNative American shall be allowed to monitor Native American shall be allowed to monitor grading activitiesgrading activitiesGround disturbance activities would be Ground disturbance activities would be temporarily halted if significant cultural resources temporarily halted if significant cultural resources are identified to allow for resource evaluation and are identified to allow for resource evaluation and possible recoverypossible recovery
EIR (cont’d)EIR (cont’d)Alternatives analyzedAlternatives analyzed••No project No project ––no expansion or operational no expansion or operational changeschanges––Did not meet project objectivesDid not meet project objectives••Reduced intensity Reduced intensity ––maximum 1,500 TPDmaximum 1,500 TPD––Did not meet project objectivesDid not meet project objectives••Drainage swale avoidanceDrainage swale avoidance––Not environmentally superior and reduced operational Not environmentally superior and reduced operational effectivenesseffectiveness
Planning Commission ActionPlanning Commission ActionDecember 1, 2004December 1, 2004Recommended certification of EIR 03Recommended certification of EIR 03--04 and 04 and adoption of Findings of Fact and Mitigation adoption of Findings of Fact and Mitigation Monitoring & Reporting ProgramMonitoring & Reporting ProgramRecommended approval of CUP 260(C) for Recommended approval of CUP 260(C) for 10 year time period10 year time period
Project Design FeaturesProject Design FeaturesAir Quality/OdorAir Quality/OdorConstruction and operationConstruction and operation••Regular maintenance of vehiclesRegular maintenance of vehicles••Dust suppressionDust suppression••Cover vehicles hauling dirtCover vehicles hauling dirt
Project Design FeaturesProject Design FeaturesBiological ResourcesBiological ResourcesMinimize vegetation removalMinimize vegetation removalLeave trees/grass in place as long as Leave trees/grass in place as long as possiblepossibleFugitive dust prevention and control Fugitive dust prevention and control measuresmeasuresInstall new landscaping promptly; drought Install new landscaping promptly; drought tolerant plantstolerant plantsInstall fencing to protect CSSInstall fencing to protect CSS
Project Design FeaturesProject Design FeaturesHydrology/Water ResourcesHydrology/Water ResourcesImplement storm water Implement storm water BMPsBMPs(SWPPP)(SWPPP)Construct new concrete swaleConstruct new concrete swaleInstall 2 new catch basinsInstall 2 new catch basinsInstall oil absorbent sock filters in storm drain Install oil absorbent sock filters in storm drain outfallsoutfalls
Project Design FeaturesProject Design FeaturesNoiseNoiseCompliance with City regulations (Carlsbad Compliance with City regulations (Carlsbad Ordinance 8.48.010) for grading and Ordinance 8.48.010) for grading and construction activities:construction activities:••Limits days and hours Limits days and hours ••Construction from 7amConstruction from 7am--7pm Monday 7pm Monday --FridayFriday••After 8 am SaturdayAfter 8 am Saturday