HomeMy WebLinkAbout2012-11-06; City Council; 21041; Palomar Transfer Station CUP 260DCITY OF CARLSBAD - AGENDA BILL 12
AB# 21,041 PALOMAR TRANSFER STATION
CUP 260(D)
DEPT. DIRECTOR <^f&^
MTG. 11/6/12 PALOMAR TRANSFER STATION
CUP 260(D) CITY ATTORNEY ^
DEPT. CED
PALOMAR TRANSFER STATION
CUP 260(D) CITY MANAGER (X-
RECOMMENDED ACTION:
That the City Council hold a public hearing and ADOPT Resolution No. 2012-243 APPROVING a
Conditional Use Permit Amendment and Extension CUP 260(D) based upon the findings and subject to
the conditions contained therein.
ITEM EXPLANATION:
The project involves a request for physical and operational changes to the existing Palomar Transfer
Station and a retroactive ten-year extension for the Conditional Use Permit (CUP). The approval will
allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal
waste; and 3) collection of home-generated sharps needles on a site located on the east side of Orion
Street between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5.
Typically, CUPs are decided by the Planning Commission; however, this project requires City Council
approval pursuant to the related franchise agreement.
Project Planning Commission City Council
CUP 260(D) RA X
RA = Recommended approval
X = Final city decision-making authority
On October 3, 2012 the Planning Commission voted 6-0 (Commissioner Black absent) to recommend
approval of the project as summarized below and as described more fully in Exhibit 4. The Planning
Commission minutes are also attached in Exhibit 5.
Physical Change: The proposed physical change is for a 3,960 square foot addition on the east side of
the existing tipping bay (unloading bay). The proposed bay, or tipping floor, will be used to handle green
waste and construction and demolition material.
Operational Changes: The operational changes include the collection of universal waste (i.e. computer
monitors and other electronic devices) and the collection of residential home-generated sharps needles
(i.e. hypodermic needles and other devices that are used to penetrate the skin for the delivery of
medications).
Landscape Change: The landscape change consists of planting 16, 24 inch box Gold Medallion Trees
(cassia leptophyla) to provide some visual relief from the proposed building expansion. The trees are
proposed along the northeastern hillside between the perimeter fence and Faraday Avenue to shield the
existing and proposed structures from Faraday Avenue.
DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
•
•
•
•
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
Page 2
FISCAL IMPACT:
There are no fiscal impacts associated with the proposed Conditional Use Permit Amendment and
Extension.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines
Section 15303 - new construction of small structures. A Notice of Exemption will be filed with the San
Diego County Clerk upon approval of the project.
EXHIBITS:
1. City Council Resolution No. 2012-243
2. Location Map
3. Planning Commission Resolution No. 6907, dated October 3, 2012
4. Planning Commission Staff Report, dated October 3, 2012
5. Excerpts of the Draft Planning Commission Minutes, dated October 3, 2012
z.
EXHIBIT 1
1 RESOLUTION NO. 2012-243
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
3 PERMIT AMENDMENT AND A RETROACTIVE TEN-YEAR
EXTENSION TO ALLOW THE: 1) EXPANSION OF THE
4 EXISTING TRANSFER STATION TIPPING BAY STRUCTURE; 2)
COLLECTION OF UNIVERSAL WASTE; AND 3) COLLECTION
5 OF HOME-GENERATED SHARPS NEEDLES ON A SITE
LOCATED ON THE EAST SIDE OF ORION STREET BETWEEN
6 FARADAY AVENUE AND EL CAMINO REAL AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 5.
7 CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: CUP 260(D)
8
The City Council of the City of Carlsbad, California, does hereby resolve as
9 follows:
10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did, on October 3, 2012, hold a duly noticed public hearing as prescribed by law to
12 consider Conditional Use Permit Amendment and Extension (CUP 260(D)) and adopted
13 Planning Commission Resolution No. 6907, recommending approval of Conditional Use Permit
14 Amendment and Extension (CUP 260(D)); and
15 WHEREAS, the City Council of the City of Carlsbad, on the day of
16 _^ 2012, held a duly noticed public hearing to consider adoption of a
1'7 Conditional Use Permit Amendment and Extension (CUP 260(D)); and
18 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the adoption of a Conditional Use Permit Amendment and Extension.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
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1. That the above recitations are true and correct.
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2 That the recommendation of the Planning Commission for the approval of
25 a Conditional Use Permit Amendment and Extension (CUP 260(D)) is adopted and approved,
and that the findings and conditions of the Planning Commission contained in Planning
26 Commission Resolution No. 6907 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of November 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas,Packard
NOES: None
ABSENT: None
MATT
ATTEST:
(jT. - ^
EXHIBIT 2
SITEMAP
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NOT TO SCALE
PALOMAR TRANSFER STATION
CUP 260(D)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 6907
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT AND A RETROACTIVE TEN YEAR
4 EXTENSION TO ALLOW THE: 1) EXPANSION OF THE
EXISTING TRANSFER STATION TIPPING BAY STRUCTURE;
2) COLLECTION OF UNIVERSAL WASTE; AND 3)
6 COLLECTION OF HOME-GENERATED SHARPS NEEDLES
ON A SITE LOCATED ON THE EAST SIDE OF ORION
7 STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL AND WITHIN LOCAL FACILITIES MANAGEMENT
^ ZONE 5.
9 CASE NAME: PALOMAR TRANSFER STATION
CASE NO.: CUP 260rD)
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,
13 Department of Public Works - Airport Division, "Owner," described as
14 A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed in the Office of the County Recorder of
San Diego County on November 16,1986
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
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19 Permit Amendment and extension as shown on Exhibits "A" - "G" dated October 3, 2012, on
20 file in the Planning Division PALOMAR TRANSFER STATION - CUP 260(D), as provided
21 by the conditions of approval of CUP 260(C) and Chapter 21.42 and/or 21.50 of the Carlsbad
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Municipal Code; and
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WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
2^ WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment; and
WHEREAS, on October 3, 2012, the Planning Commission recommends
approval of CUP 260(D), as described and conditioned in Plaiming Commission Resolution No.
6907.
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3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 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
9 RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION -
CUP 260(D) Amendment and extension, effective retroactively from March 4,
10 2012 through March 4, 2022, based on the following findings and subject to the
^ ^ following conditions:
12 Findings:
13 1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
14 if applicable, the certified local coastal program, specific plan or master plan, in that the
1^ requested uses are necessary and desirable for the conmiunity, in that segregating
household waste and sharps needles from the main stream of waste is a benefit for
16 the health and safety of the community and environment.
17 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located, in that the project site is
surrounded by areas zoned for open space or industrial uses. Much of the
29 surrounding area is undeveloped. The developed sites contain industrial type uses
(e.g., the CMWD office and equipment storage yard. Safety Center, etc.). Therefore,
20 the facility is not detrimental to any existing uses or permitted uses in the area.
21 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
23 City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that all proposed structures and uses can be
24 accommodated within the existing site boundaries.
25 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that no additional traffic will be generated with the
proposed project. The street system serving the facility is adequate to properly
2y handle all existing traffic.
28 5. That the project is consistent with the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) as amended March 4, 2010 in that the adopted project
PC RESO NO. 6907 -2-
^ findings for CUP 260(C), which are contained in Planning Conunission Resolution
2 No. 5800, still apply to this project (CUP 260(D)) including an update to Finding No.
7 to state the project is consistent with the McClellan-Palomar Airport Land Use
3 CompatibUity Plan (ALUCP) as amended March 4, 2010.
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4 6. That the proposed land use is compatible with the airport (General Plan Land Use
Element - Special Planning Considerations - Airport) in that the project is also
consistent with the Federal Aviation Regulations (FAR) Part 77 Guidelines, which
^ determines if structures located within the Airport Influence Area will affect
navigable airspace. A Part 77 form was completed for the project. The FAA made a
7 Determination of "No Hazard to Air Navigation" (Aeronautical Study No. 2012-
AWP-2456-OE dated 6/6/12).
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Conditions:
10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building or grading permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
13 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
14 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
1^ 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
17 Amendment.
1^ 2. The adopted project conditions for CUP 260(C), which are contained in Planning
Commission Resolution No. 5800, still apply to this project (CUP 260(D)) with the
exception of Condition No. 14, which is not applicable. Condition No. 18, which is
20 replaced by Condition No. 4 of this Resolution, Condition No. 25, which is replaced
by Condition No. 3, of this Resolution, Condition No. 27, which is no longer
21 applicable given the requirements of the current ALUCP, is replaced with
Condition No. 5 of this Resolution, and Condition Nos. 38, 40, 42, 46, 49 and 53,
which are no longer applicable as they have been satisfied.
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3. Developer shall submit to the City a Notice of Restriction executed by the owner of the
24 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
25 and successors in interest that the City of Carlsbad has issued a Conditional Use Permit
2^ Amendment by Resolution No. 6907 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
27 all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The City Plaimer has the authority to execute and record an
28 amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
PC RESO NO. 6907 -3-
^ 4. This Conditional Use Permit is granted for a period of ten (10) years retroactively fi-om
2 March 4, 2012 through March 4, 2022. This permit may be revoked at any time after a
public hearing, if it is found that the use has a substantial detrimental effect on
3 surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
4 not to exceed ten (10) years upon written application of the permittee made no less than
^ 90 days prior to the expiration date. The Plaiming Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
6 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.
9 5. The project shall comply with the provisions in the ALUCP as amended March 4,
2010.
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Developer shall submit and obtain City Planner approval of a Final Landscape and
^ ^ Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
12 the City's Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
13 healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
14 growth without causing soil erosion and runoff
7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
15 landscape plancheck process on file in the Planning Division and accompanied by the
project's building, improvement, and grading plans.
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The developer shall design the relocation of the existing private fire hydrant, located in
21 fi-ont of the building expansion, subject to the approval of the Fire Code Official. 22
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8. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Fire:
Engineering:
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
25 for the proposed haul route.
27 11. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
28 determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
PC RESO NO. 6907 -4-
^ 12. Developer shall install sight distance corridors at all street intersections and driveways in
2 accordance with City Engineering Standards. The property owner shall maintain this
condition.
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Fees/Agreements
13. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation, the city's standard form Geologic Failure Hold Harmless
5 Agreement.
7 14. Developer shall cause property owner or developer to execute and submit to the city
engineer for recordation the city's standard form Drainage Hold Harmless Agreement.
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9 Grading
10 15. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a minor grading permit for this project is required. Developer shall process grading
11 plans via the building permit process. Technical studies/reports may be required subject
j2 to the city engineer's review. Developer shall pay all applicable grading plan check and
permit fees per the city's latest fee schedule.
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16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
14 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
15 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
17 stormwater conveyance system to the maximum extent practicable. Developer shall notify
^ ^ prospective owners and tenants of the above requirements.
19 17. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
20 developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
21 the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
22 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
23 18. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
24 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
25 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
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PC RESO NO. 6907 /o
^ NOTICE
2
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
4 "fees/exactions.
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Govemment Code Section
6 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
8 aimul their imposition.
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9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
J J project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, Califomia, held on October 3, 2012 by the following vote,
to wit:
AYES: Chairperson Schumacher, Commissioners Amold, L'Heureux,
Nygaard, Scully and Siekmaim
NOES:
ABSENT: Commissioner Black
ABSTAIN:
23 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
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2g City Plaimer
PC RESO NO. 6907
EXHIBIT 4 The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No. O
Application complete date: June 25, 2012
P.C. AGENDA OF: October 3, 2012 Project Planner: Pam Drew
Project Engineer: David Rick
SUBJECT:
I.
CUP 260(D) - PALOMAR TRANSFER STATION - Request for a
recommendation of approval of a Conditional Use Permit Amendment and a
retroactive ten year extension to allow the: 1) expansion of the existing transfer
station tipping bay stmcture; 2) collection of universal waste; and 3) collection of
home-generated sharps needles on a site located on the east side of Orion Street
between Faraday Avenue and El Camino Real and within in Local Facilities
Management Zone 5.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6907
RECOMMENDING APPROVAL of a retroactive ten year extension of CUP 260, based upon
the findings and subject to the conditions contained therein.
II. INTRODUCTION
This project involves a request for physical and operational changes to the existing Palomar
Transfer Station (PTS) and a retroactive ten-year extension for the Conditional Use Permit
(CUP). The proposed physical change is for a 3,960 square foot addition on the east side of the
existing tipping bay (unloading bay). The proposed bay, or tipping floor, will be used to handle
green waste and constmction and demolition material (C & D). This material is already being
dropped off at the PTS; however, by providing the additional tipping bay for exclusive use by the
green waste and C & D, cross mixing of recyclable and non-recyclable materials is nearly
eliminated.
The operational changes include the collection of universal waste (i.e. computer monitors and
other electronic devices) and the collection of residential home-generated sharps needles (i.e.
hypodermic needles and other devices that are used to penetrate the skin for the delivery of
medications). These drop-off areas are located adjacent to, and south of, the existing buy-back
center located south of the entrance to the PTS.
The project also includes a request to extend the amended CUP for ten (10) years. Because the
current CUP expired during the processing of this proposed project, any extension of time would
be retroactive from March 4, 2012 (the date on which CUP 260(C) expired). The application
was submitted on October 25, 2.011 and was deemed complete on June 25, 2012. The processing
timeframe was extended due to revisions to the site plan.
CUP 260(D) - PALOMAR TRANSFER STATION
October 3, 2012
Page 2
III. PROJECT DESCRIPTION AND BACKGROUND
Background
The PTS was originally permitted on this site in 1977, and there have been various extensions
and amendments (including a new permit number) granted for the facility since that time. The
proposed changes and uses require approval of a CUP Amendment. 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.
Physical Change
The physical change is for a proposed building expansion to the east and adjacent to the existing
tipping floor to add 3,960 square feet of tipping floor area. This area is intended to be utilized
for green waste and C & D waste. Currently, the existing tipping floor is used for municipal
solid waste (MSW), green waste and C & D materials. Although there are two load-out areas for
the transfer tmcks, green waste and C & D must be separated and isolated from the MSW until
an appropriate transfer tmck is available for off-site transport. During this time, the green waste
and C&D material is moved around the tipping floor area to allow for the MSW to be pushed
into the transfer load out areas. This constant movement of the green waste and C & D is an
inefficient use of time and equipment. With the new building expansion, the green waste and C
& D material will be deposited in a separate bay until the appropriate transfer tmck arrives for
off-site transport. This will eliminate multiple movements of the material and decrease the
chance of comingling of the MSW with the green waste and C&D material.
The proposed tipping floor will be the same height and materials as the existing tipping floor
stmcture. The height varies from 26 feet at the north end of the building to 41 feet at the south
end of the building due to topography. The outside material will be tan metal panels to match
the existing building. A poured concrete retaining wall is also proposed due to the downward
slope of the site on the southeast side of the existing stmcture. The retaining wall will also serve
as part of the building stmcture and will be a maximum height of 17 feet.
The proposed tipping floor will provide for an opening accessible to the existing tipping floor
and the proposed expansion tipping floor to allow for the green waste and C&D materials to be
pushed from the expansion area into one of the two available transfer load out areas at the rear of
the existing building. The tipping floor for the expansion area will be at the same elevation as
the existing tipping floor to allow for easy movement to the transfer load out bays. The building
expansion will not increase the current allowable tonnage or change the hours of operation.
To provide some visual relief from the proposed building expansion, 16, 24 inch box cassia
leptophyla trees are proposed along the northeastern hillside between the perimeter fence and
Faraday Avenue to shield the existing and proposed stmctures from Faraday Avenue. The
project will require issuance of a Grading Permit. Grading volumes for the project are
anticipated to be 1,500 cubic yards of import with approximately 500 cubic yards of remedial.
To reduce odor at the PTS, the MSW and green waste is removed from the site on average every
20 to 30 minutes by a transfer tmck and hauled to a landfill in Otay Mesa. The maximum length
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CUP 260(D) - PALOMAR TRANSFER STATION
October 3, 2012
Page 3
the MSW and GW are allowed to stay on the floor is 24 hours except Sunday, which is a
maximum of 48 hours. In addition, there are chemicals on site that periodically get added to the
water for the misting system, which suppresses odor and dust.
Operational Changes
In addition to the physical changes to the PTS, operational changes are proposed with this CUP
amendment, to add collection of universal waste and home-generated sharps needles. The
universal waste to be collected includes video display devices, computer monitors, florescent
light tubes, and other electronic devices as permitted under the PTS's Califomia State permit
(CalRecycle). The electronic waste is stored in a covered 20' x 10' x 10' metal container located
to the south of the existing buy-back center. Universal waste is picked up by various universal
waste contractors to an off-site processing center for dismantiing when needed or every 365 days
from date of first accumulation, whichever comes first. Tmcks are generally flatbed type and/or
54 foot semi types. Sharps needles are picked up by Waste Management Healthcare Solutions
group when needed but at least every 30 days. Waste Management Healthcare Solutions group
uses vans, box tmcks and semis to collect the needles.
The home-generated sharps needles are dropped off by local residents only (no commercial or
medical operations) and stored in two locked 96 gallon bio-waste containers. The County of San
Diego Department of Environmental Health, Hazardous Materials Division has approved a
Home-Generated Sharps Consolidation Point permit.
These operational changes have also been included in the Buy Back Center Operation Plan. This
Plan provides a comprehensive record of the details for the operation of the Buy Back Center
including hours of operation, acceptance procedures, unacceptable waste identification, facility
security, staffing, safety, training, maintenance, contingency plans and emergency plans.
IV. ANALYSIS
The project is subject to the following regulations and requirements:
A. City of Carlsbad General Plan Planned Industrial (PI) designation;
B. Industrial (M) Zone regulations (Chapter 21.32 of the Carlsbad Municipal Code);
C. Conditional Use Regulations (Chapter 21.42 of the Carlsbad Municipal Code);
D. McClellan-Palomar Airport Land Use Compatibility Plan; and
E. 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 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 1, below.
CUP 260(D) - PALOMAR TRANSFER STATION
October 3, 2012
Page 4
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Land Use,
Industrial,
Objective B.l
"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."
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.
Yes
Land Use,
Growth
Management
and Public
Facilities,
Goal A.3
"A city that responsibly deals
with the disposal of solid and
liquid waste."
The requested expansion is
being proposed in order to
properly dispose of 1)
green waste, 2) C and D
materials, 3) home-
generated sharps needles,
and 4) universal waste.
Yes
B. Industrial (M) Zoning
The existing PTS 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 PTS, as modified by this amendment, would remain in compliance with all applicable
requirements of the M zone as demonstrated in Table 2, below.
TABLE 2 - INDUSTIOAL ZONE CONFORMANCE
SPECIFIC PLAN
STANDARD-
REQUIRED PROPOSED
Permitted Use Transfer facilities are a conditionally allowed
use.
Transfer station
Building Height 35 feet or 3 levels with protmsions to 45 feet
per Section 21.46.020.
41 feet (at
highest point
from lowest
grade)
c. Conditional Uses
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 3, below.
CUP 260(D) - PALOMAR TRANSFER STATION
October 3, 2012
Page 5
TABLE 3 - CONDITIONAL USE PERMIT FINDINGS
FINDING PROJECT CONSISTENCY
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, specific plan or master plan.
The requested uses are necessary and
desirable for the community, in that
segregating household waste and sharps
needles from the main stream of waste is a
benefit for the health and safety of the
community and environment.
That the requested use is not detrimental to
existing uses or to uses specifically permitted
in the zone in which the proposed use is to be
located.
The project site is surrounded by areas zoned
for open space or industrial uses. Much ofthe
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.
That the site for the proposed conditional use
is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking,
loading facilities, buffer areas, landscaping and
other development features prescribed in this
code and required by the City Planner,
planning commission or city council, in order
to integrate the use with other uses in the
neighborhood.
All proposed stmctures and uses can be
accommodated within the existing site
boundaries.
That the street system serving the proposed use
is adequate to properly handle all traffic
generated by the proposed use.
No additional traffic will be generated with
the proposed project. The street system
serving the facility is adequate to properly
handle all existing traffic.
The adopted project findings for CUP 260(C), which are contained in Planning Commission
Resolution No. 5800, still apply to this project (CUP 260(D)) including an update to Finding No.
7 to state the project is consistent with the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP) as amended March 4, 2010.
The adopted project conditions for CUP 260(C), which are contained in Planning Commission
Resolution No. 5800, still apply to this project (CUP 260(D)) with the exception of Condition
No. 14, which is not applicable. Condition No. 18, which is replaced by Condition No. 4 in
Planning Commission Resolution No. 6907, Condition No. 25, which is replaced by Condition
No. 3 in Planning Commission Resolution No. 6907, Condition No. 27, which is no longer
applicable given the requirements of the current ALUCP, is replaced with Condition No. 5 in
Planning Commission Resolution No. 6907, and Conditions No. 38 40, 42, 46, 49 and 53, which
are no longer applicable as they have been satisfied.
CUP 260(D) - PALOMAR TRANSFER STATION
October 3, 2012
Page 6
D. McClellan-Palomar Airport Land Use Compatibility Plan
The proposed project site is within a V2 mile of the McClellan-Palomar Airport and is located
within the existing Airport Influence Area and the Airport Flight Activity Zone and as such is
regulated by the amended McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP),
dated March 4, 2010. The project site is located outside the 60 dBA Community Noise
Equivalent Level (CNEL) contour and is compatible with the Noise/Land Use Compatibility
Matrix. The finding required by the ALUCP can be supported, as demonstrated in Table 3
below.
TABLE 3 - MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY
PLAN- FINDINGS
FINDING RESPONSE
That the project is consistent with the
McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) as amended
March 4, 2010.
The adopted project findings for CUP 260(C), which
are contained in Planning Commission Resolution
No. 5800, still apply to this project (CUP 260(D))
including an update to Finding No. 7 to state the
project is consistent with the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP) as
amended March 4, 2010.
That the proposed land use is compatible with
the airport (General Plan Land Use Element -
Special Planning Considerations - Airport).
The project is also consistent with the Federal
Aviation Regulations (FAR) Part 77 Guidelines,
which determines if stmctures located within the
Airport Influence Area will affect navigable airspace.
A Part 77 form was completed for the project. The
FAA made a Detemiination of "No Hazard to Air
Navigation" (Aeronautical Study No. 2012-AWP-
2456-OE dated 6/6/12).
E. Growth Management Regulations
The proposed project is located within Local Facilities Management Zone 17 in the southeast
quadrant of the city and will have no impacts on public facilities.
V. ENVIRONMENTAL REVIEW
The project is exempt from the Califomia Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15303 - new constmction of small stmctures.
ATTACHMENTS:
1. Planning Commission Resolution No. 6907
2. Location Map
3. Planning Commission Resolution No. 5800, dated December 1,2004
4. Disclosure Form
5. Background Data Sheet
6. Reduced Exhibits
7. Exhibits "A" - "G" dated October 3, 2012
5
^ PLANNING COMMISSION RESOLUTION NO. 5800
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNL\, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
4 AMENDMENT TO ALLOW THE EXPANSION OF THE
PALOMAR TRANSFER STATION ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF ORION
6 STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL IN LOCAL FAdLITIES MANAGEMENT ZONE 5.
7 CASE NAME: PALOMAR TRANSFER STATION
^ CASE NO.: CUP 260(C)
9 WHEREAS, Palomar Transfer Station, Inc., "Developer," has filed a verified
10 apphcation with the City of Carlsbad regarding property owned by the County of San Diego,
^ ^ Department of Public Works - Airport Division, "Owner," described as
12
A portion of lots A and B of Rancho Agua Hedionda according
13 to Map No. 823 filed on November 16,1986
14 C*the Property"); and
15
16
17
18
J 9 conditions of approval of CUP 260(B) and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
20 Code; and
21 WHEREAS, the Planning Commission did, on the 1st day of December 2004,
22
23
24
25
25 relating to the CUP amendment.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2^ Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are trae and correct.
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
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said pubhc hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
^ B) That based on the evidence presented at the pubhc hearing, the Commission
2 RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION -
CUP 260(C) based on the following findings and subject to the following
3 conditions:
4 Findings:
5
1. That the requested use is necessary or desirable for the development of the community, is
6 essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existmg uses specifically permitted in the zone in which the
7 proposed use is located, in that the transfer station use provides a needed service for
g the community by storing coUected trash for more efficient transfer to disposal sites;
the use is located on a site designated by the General Plan for industrial (PI) uses
9 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
10 and governmental uses.
^ ^ 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
12 that the proposed expanded site wiU adequately accommodate all proposed grading
and construction activities and all anticipated expanded facility activities including
13 bin storage, parking, and intemal circulation requirements, while providing 194
paridng spaces (more than the required 181 spaces) and providing screening of the
14 intemal facility activities.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
16 adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintamed, in that the proposed modifications to the facility would
17 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 parking/bin storage area, and no other new
19 yards, fences, or other features are needed to acconmiodate the use to the area.
20 4. 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
21 (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
23 not negatively impact the function of Orion Street; and, the developer wUI be required to
pay traffic impact fees.
24
5. The Planning Commission fmds that the project, as conditioned herein, is in
25 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
27 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
28 consistent with the allowed uses on the site.
18
22
26
PC RESO NO. 5800 -2-1^
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 5 and all City pubhc facility policies and
ordinances. The project includes elements or has been conditioned to constmct or
3 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
4 faciUties; libraries; govemment administrative facilities; and open space, related to the
^ project will be installed to serve new development prior to or concurrent with need.
Specifically,
6
a. the project has been conditioned to provide proof from the Carlsbad Unified
7 School District that the project has satisfied its obligation for school facihties;
8
b. the Public Facility fee is required to be paid by Council PoUcy No. 17 and will be
9 collected prior to the issuance of building permit; and
10 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.
22 7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the appHcant shall
13 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
14 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.
16
8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
17 Code Section 14.28.020 and Landscape Manual Section IB).
9. The Planning Commission hereby finds that all development in Carlsbad benefits from
19 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
20 provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
21 Management Plan. Preservation of wildhfe habitats and sensitive species is required by
the Open Space and Conservation Element of the City's General Plan which provides for
the reahzation of the social, economic, aesthetic and environmental benefits from the
23 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastmcture that, in
24 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.
26
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
27 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
28 degree of the exaction is in rough proportionality to the impact caused by the project.
22
PC RESO NO. 5800 -3-
11
^ Conditions:
2
Note: Unless otherwise specified herem, all conditions shall be satisfied prior to issuance of a
3 Grading Permit or Building Permit, whichever comes first.
4 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
^ implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
5 revoke or modify all approvals herem 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
9 this Conditional Use Permit Amendment.
10 2. 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 intemally consistent and in conformity with the final action on the project.
12 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
13
3. Developer shall comply with all ^plicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
4. If any condition for constmction of any public improvements or facilities, or the payment
15 of any fees in-heu 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
17 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.
19
5. Developer shall implement, or cause the implementation of, the Palomar Transfer
20 Station Project Mitigation Monitoring and Reporting Program.
21 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
22 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
23 and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Perinit
24 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,
25 including without limitation, any and all habilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
27 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
25
28
PC RESO NO. 5800 -4-
22
10. 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.
^ 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision making body.
3 8. Prior to the issuance of a building pennit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
4 school facilities.
5
9. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
7 I
8
9 I
11. Building permits will not be issued for this project unless the local agency providing
10 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 apphcation for the building pennit, and tiiat water and sewer capacity and
12 facilities will contmue to be available until the time of occupancy.
13 12. 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.
14 Development shall occur substantially as shown unless otherwise noted in these
conditions.
15 13. As a condition of this approval, ^phcant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
17 of the environmental documents for the project. Pursuant to Govemment 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
j9 fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City's adopted Habitat
20 Management Plan.
21 14. 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
23 to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is estabhshed by City Coimcil ordinance and/or resolution
24 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,
25 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,
27 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
28 project will not be consistent with the General Plan and approval for this project will
become null and void.
PC RESO NO. 5800 -5-
^ 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing confonnance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall constmct and install all landscaping as
3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thrivmg
condition, free fix)m weeds, trash, and debris.
4 '
^ 16. The ffrst 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
5 project's building, improvement, and grading plans.
8
7 17. This Conditional Use Permit shall be reviewed by ttie 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
9 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
10 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
11
12
15
18. This Conditional Use Permit is granted for a period of ten (10) years retroactively from
March 5, 2002 tiirough March 4,2012. This permit may be revoked at any time after a
13 pubhc hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the pubhc's health and welfare, or the conditions imposed
14 herein have not been met. This permit may be extended for a reasonable period of time
not to exceed ten (10) years upon written apphcation of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
15 extension, unless it finds that there are no substantial negative effects on sunounding land
uses or the pubHc's health and welfare. If a substantial negative effect on sunounding
17 land uses or the pubUc'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.
19
19. Developer or Owner, as appropriate, shall provide or perform all proposed
20 traffic/circulation improvements as shown on "Exhibit "X" - Revised" dated March
5,1997, attached hereto and incorporated herein by this reference. 21
22 20. 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
23 day, not to exceed 2,250 tons per day.
24 21. The allowed days and hours of operation for the Palomar Transfer Station shall be
as follows:
25 a. Commercial operations for collection tmcks are allowed from 5:00 a.m. to
8:00 p.m. seven days a week. Transport tmcks (external traffic to and from
27 station) and loading of transport trucks (intemal activity) operations are
allowed 24 hours a day, seven days a week;
28
PC RESO NO. 5800 -6-
8
^ b. Public access is allowed up to seven days a week from 7:00 a.m. to 4:00 p.m.
2 Monday through Friday, and from 7:30 a.m. to 4:00 p.m. on Saturday and
Sunday; and
3
c. Fleet maintenance activities are allowed from 5:00 a.m. to 1:00 a.m. seven
4 days a week.
^ 22. Developer shall pay the citywide Pubhc Facilities Fee imposed by City Council Policy
5 #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
7 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facihties Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building pennit. Ifthe taxes/fees are not paid, this
9 approval will not be consistent with the General Plan and shall become void.
10 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
11 substance as provided in Building Department Pohcy No. 80-6, to the satisfaction of the
2 2 Directors of Community Development and Planning.
13 24. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
14
25. Prior to the issuance of the BuUding 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
15 of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit Amendment (CUP 260(C)) by
17 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
j9 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
20 the Developer or successor in interest.
21 26. 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
23 the City Attomey (see Noise Form #2 on file in the Planning Department).
18
22
25
24 27. All assembly areas of the project within the McClellan-Palomar Airport Flight
Activity Zone shall be limited (as defined by Califomia Building Code Group A
occupancy) to no more than one hundred (100) people per area in order to be
25 consistent with Flight Activity Zone guidelines in the McClellan-Palomar Airport
CLUP.
27
28. Any use of the project site located within the McClellan-Palomar Airport Flight
28 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
PC RESO NO. 5800 -7-
^ aircraft at an airport. Specific characteristics to be avoided on the site include uses
2 that attract birds and create bird strike hazards. If avoidance is not possible,
appropriate mitigation measures should be provided for the project that minimize
3 or eliminate these characteristics of the project
4 29. Developer shall constmct trash receptacle and recyclmg 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
5 Dfrector. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
5
30. No outdoor storage of materials shall occur onsite unless required by the Fire Chief
except for the open bin storage area shown on the approved plans. When so
9 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
10 plan.
^ ^ 31. Compact parking spaces shall be located in large groups, and in locations clearly marked
J 2 to the satisfaction of the Planning Director.
13 32. Developer shall constmct, install and stripe not less than 194 parking spaces, as shown on
Exhibit "C."
14"
15
33. All loading and unloading, tipping, processing, and movement of municipal solid
waste and green/wood material, with the exception of the recycling and buy-back
15 area activities, shall take place within the covered unloading and processing area.
17 Engineering;
18
19
21
22
25
General
34. Prior to hauling dirt or construction materials to or from any proposed constmction site
20 within this project, Developer shall apply for and obtain approval from, 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-grafiiti program for wall treatments if and when such a program is
23 formally established by the City.
24 36. Developer shall install sight distance corridors in accordance with Engineering Standards
as shown on the Site Plan. No obstmctions shall inipede nor conflict with the 330'
line-of-sight as shown on the Site Plan. The underlying property owner shall
25 maintain this condition. These sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this
27 development
28
PC RESO NO. 5800
^ Fees/Agreements
2
37. Developer shall cause property owner to execute and submit to the City Engineer for
3 recordation tiie City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
4
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
5 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
7 additional Street Lighting and Landscaping District Said written consent shall be
on a form provided by the City Engineer.
o
9 Grading
10 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
11 obtain a Grading Permit from the City Engineer prior to issuance of a Building Permit for
j2 the project.
13 Dedications/Improvements
15
14 40. 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
15 so offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already pubUc are not required to be rededicated.
17
41. Additional drainage easements may be required. Developer shall dedicate and provide or
^ ^ install dramage stmctures, as may be required by the City Engineer, prior to or concunent
19 with any grading or building permit.
20 42. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, pubhc
21 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 grabbing, undergroxmding or relocation of utilities, sewer, water,
23 fire hydrants, street hghts, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
24
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
25 curb-to-curb paved width of 52-feet within a 72-foot right-of-way.
27 b. Install a 5-foot wide sidewalk along the frontage of Orion Street
28 c. Install a pedestrian ramp at the southeast comer of Faraday Avenue and
Orion Street
PC RESO NO. 5800 -9-
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^ d. Install new streetlights along the frontage of Orion Street per City
2
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Standards.
Improvements hsted above shall be constmcted within 18 months of approval ofthe
development improvement agreement or such other time as provided in said agreement.
3 e. Relocate the existing fire hydrant along Orion Street behind the new
sidewalk.
4"
5
6
43. Developer shall comply witii the City's requirements of the National Pollutant Discharge
7 Elunination System (NPDES) permit, latest version. Developer shall provide
improvements constmcted pursuant to best management practices as referenced in the
^ "Califomia Storm Water Best Management Practices Handbook" to reduce surface
9 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.
10 Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
11
12
a. All owners and tenants shall coordinate efforts to estabhsh or work witii
estabhshed disposal programs to remove and properly dispose of toxic and
13 hazardous waste products.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
14 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
lg or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertiHzers and other such chemical treatments shall meet
17 Federal, State, County and City requirements as prescribed in their respective
containers.
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20..
44. Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
21 (SWPPP)." The SWPPP shall be in comphance with current requirements and provisions
estabhshed by the San Diego Region of the Califomia Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
23 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
24
a. include all content as established by the Califomia Regional Water Quality
25 Control Board requirements;
«^ b. include the receipt of '^Notice of Intenf issued by the Califomia Regional Water
Quality Control Board witii a WDID #;
27 c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
28 pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
PC RESO NO. 5800 -10-
J)1
^ d. establish specific procedures for handUng spills and routine clean up. Special
2 considerations and effort shall be appHed to employee education on the proper
procedures for handling clean up and disposal of pollutants.
3
45. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
4 The SWMP shall demonstrate compliance with tiie City of Carlsbad Standard Urban
Stomiwater Mitigation Plan (SUSMP), Order 2001-01 issued by tiie San Diego Region of
tiie Califomia Regional Water Quality Control Board and City of Carlsbad Municipal
5 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-constmction stage ofthe
7 project. At a minimum, the SWMP shall:
5
12
15
^ a. identify existing and post-development on-site pollutants-of-concem;
9 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
10 c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
11 maxmium extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be appUed to employee education on the proper
13 procedures for handling clean up and disposal of pollutants;
e. provide calculations to ensure numeric sizing criteria is met;
14 f. ensure long-term maintenance of all post constmct BMPs m perpetuity; and
g. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maxmium extent
15 practicable.
17 46. Developer shall design, to tfie satisfaction of the City Engineer, the stmctural section for
the access aisles with a traffic index of 5.0 in accordance with City Standards due to tmck
18 access through the parking area and/or aisles with an ADT greater than 500.
19
47. Developer shall incorporate into the gradmg/miprovement plans the design for the project
20 drainage outfall end treatments for any dramage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
21 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
23 to the satisfaction of the City Engineer.
24 Water
25 48. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
detennine if fire protection measures (fire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
27 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
22
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28
PC RESO NO. 5800 -11-
^ 49. The Developer shall design and constmct pubhc facilities within public right-of-way or
2 within mimmmn 20-feet wide easements granted to tiie District or the City of Carlsbad.
At the discretion of tiie District Engineer, wider easements maybe requfred for adequate
3 maintenance, access and/or joint utility purposes.
4 50. Prior to issuance of Building Permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego Countv Water
Authority capacitv charge(s) prior to issuance of Building Permits. 5
6
51. The Developer shall design landscape and irrigation plans utihzing recycled water as a
7 source. Said plans shall be submitted to tiie satisfaction of tiie District Engineer.
^ 52. The Developer shall install potable water and/or recycled water services and meters at a
9 location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
10
53. The Developer shall mstall sewer laterals and clean-outs at a location approved by the
11 District Engineer. The locations of sewer laterals shall be reflected on public
j2 improvement plans.
13 54. 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
14 determined that adequate water and sewer facilities are available at the time of
occupancy.
15 Code Reminders:
17 The project is subject to all applicable provisions of local ordinances, including but not hmited to
the following code reqmrements:
18
19
20
56. Approval of this request shall not excuse compUance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit issuance, except as otherwise specifically provided herein.
23 57. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
24
58. Premise identification (addresses shall be provided consistent with Carlsbad Municipal
25 Code Section 18.04.320.
25
59. Any signs proposed for this development shall at a minimum be designed m conformance
27 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
28
PC RESO NO. 5800 -12- ^
55. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 ofthe Carlsbad Municipal Code.
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60. Developer shall exercise special care during tiie constmction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
witii Carlsbad Municipal Code Chapter 15.16 (tfie Grading Ordinance) to tfie satisfaction
of the City Engineer.
61, 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 tiie City of Carlsbad
Municipal Code, respectively.
NOTICE
Please take NOTICE that approval ofyour project includes tiie "unposition" of fees, dedications,
reservations, or other exactions hereafter collectively refened to for convenience as
"fees/exactions."
You have 90 days fix)m date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set fortii in Govemment Code Section
66020(a), and file the protest and any otiier 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 tiiat your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection witfi this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otiierwise
expired.
PC RESO NO. 5800 •13-^0
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PASSED, APPROVED AND ADOPTED at a regular meeting of tiie Planning
Commission of tiie City of Carlsbad, California, held on the 1st day of December 2004 by tiie
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Hememan, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
RANK WHITTON, Chauperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HQLZMKLER
Planning Director
PC RESO NO. 5800 -14-
3^
J% DISCLOSURE Development Services
%0f^- STATEMENT planning Division
^J^ CITY OF P 4/A\ 1635 Faraday Avenue
TARI ^RAD (750)602 4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on ali applications which will
require discretionary action on the part ofthe 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.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organizationv corporations estate, tmst/ receiver, syndicate, in this and any otiier county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicanf 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 or partnership,
include the names, tities, 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 publiclv-owned
corporation, include the names, tities, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Neil Mohr Corp/Part
Titie General Manager Title
Address8514 Mast Blvd Santee. CA 92Q71Address
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, tities, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, tities, and
addresses ofthe corporate officers. (A separate page may be attached if necessary.)
Person: Countv of San Diego Corp/Part
Titie Titie
Address: 1960 Joe Crossoia 0^- Address
ELCajon.CA 92020
p-1 (A) Page 1 of 2 Revised 07/10
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Titie Titie_
Address Address.
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Commitiiees and/or Council within the past twelve (12)
months?
I I Yes x_ No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
certify that ali thea^ovejnformation is true and correct to tlife^b^st-of^my knowledge.
Sigriature of bw^er/date Signature of applicant/date
ATgR O^RfiCTO^or^lt^ftO^nS A^tu^Mo\^
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
BACKGROUND DATA SHEET
CASE NO: CUP 260(D)
CASE NAME: PALOMAR TRANSFER STATION
APPLICANT: Palomar Transfer Station, Inc.
REQUEST AND LOCATION: Reguest for a recommendation of approval of a Conditional
Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the
existing transfer station tipping bay structure; 2) collection of universal waste: and 3) collection
of Home Generated Sharps needles on a site located on the east side of Orion Street between
Faradav Avenue and El Camino Real.
LEGAL DESCRIPTION: A portion of lots A and B of Rancho Agua Hedionda according to
Map No. 823 filed in the Office of the County Recorder of San Diego County on November 16,
1986.
APN: 209-050-25 Acres: JT Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: PI
Proposed Land Use Designation: PI_
Density Allowed: N/A
Existing Zone: M
Density Proposed: N/A
Proposed Zone: M
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site M PI Trash transfer facility
North M-Q/OS G Fire Station No. 5
South M-Q PI CMWD offices
East OS OS Open space
West M-Q PI Hiring Center/Fed Ex
LOCAL COASTAL PROGRAM
Coastal Zone: Q Yes ^ No Local Coastal Program Segment: N/A
Within Appeal Jurisdiction: Q Yes ^ No Coastal Development Permit: Q Yes ^ No
Local Coastal Program Amendment: Q Yes ^ No
Existing LCP Land Use Designation: N/A
Existing LCP Zone: N/A
Proposed LCP Land Use Designation: N/A
Proposed LCP Zone: N/A
RpwiopH ni /HA
3^
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
^ Categorical Exemption, Section 15303 - new construction of small structures
I I Negative Declaration, issued
n Certified Environmental Impact Report, dated_
• Other,
33
Revised 01/06
CUP 260 (D)
PALOMAR TRANSFER STATION
CONDITIONAL USE PERMIT 260 (D) AMENDMENT
SITE DATA:
PROJECT DESCRIPTION:
MODIFICATION TO EXISTING TRANSFER STATION BUILDING AND TIPPING FLOOR BY
ADDING 3,960 SQUARE FOOT ADDITION FOR GREEN WASTE AND CONSTRUCTION AND
DEMOLITION (C&D) WASTE HANDLING.
%:.
MsClttlan-Palomar
4-
VICINITY MAP
NOT TO SCALE
3>
SITE ADDRESS:
5960 EL CAMINO REAL
CARLSBAD, CA 92008
m
o
Topiary Park ^
OWNER:
COUNTY OF SAN DIEGO
DEPARTMENT OF PUBLIC WORKS
1960 CROSSON DR.
EL CAJON, CA 92020
APPLICANT
PALOMAR TRANSFER STATION, INC.
5960 El Camino Real
Cartsbad, CA 92010
(858) 637-5610
BUILDING SQUARE FOOTAGE :
3,960 SQUARE FEET (proposed)
38,094 (existing)
GENERAL PLAN DESIGNATION:
PLANNED INDUSTRIAL (PI)
ZONING:
INDUSTRIAL ZONE (M)
LANDSCAPING:
NO CHANGE TO EXISTING
STORM WATER SYSTEM:
NO CHANGE TO EXISTING, SQGHT INCREASE
IN STORM WATER FLOW, THE PROJECT
WILL CONTINUE TO MEET ALL
NPDES REQUIREMENTS
FIRE FLOW/SPRINKLERS:
TO BE PROVIDED CONSISTENT
WITH EXISTING FACILITY REQUIREMENTS
PLANS PREPARED BY:
HOWESWEILER AND ASSOCIATES
2888 LOKER AVE. E. SUITE 217
CARLSBAD, CA. 92010
SEWER:
SEWER DISTRICT: CITY OF CARLSBAD
PLACEMENT OF EXISTING SEWER PIPELINES
AND LATERALS WILL NOT CHANGE
WATER DISTRICT:
CARLSBAD MUNICIPAL WATER DISTRICT
SCHOOL DISTRICT:
CARLSBAD UNIFIED SCHOOL DISTRICT
SITE AREA:
10.98 ACRES (GROSS SITE ACREAGE)
AREA PARCEL NO:
OCCUPANCY CLASSIFICATION:
SI
TYPE OF CONSTRUCTION:
TYPE II - N
PARKING SPACES PARKING LOT SQUARE FOOTAGE:
NO CHANGE TO EXISTING
EARTHWORK VOLUMES:
0 FOOT CUT / 0 CUBIC YARDS EXPORT
1,500 CUBIC YARDS FILL/IMPORT
+/- 500 CUBIC YARDS REMEDIAL
DRAWING LIST!
01 -TITLE SHEET
02 - SITE PLAN
03 - FLOORPLAN
04 - ELEVATIONS
05 - ROOF PLAN
06 - PROPERTY MAP
07 - PLANTING PLAN
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY AAssodates
2888 LOKER AVENUE EAST, SUITE 217
CARLSBAO, CA 92010 Ph:760-929-2288
k^^ REPUBLIC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
TITLE SHEET
10F7
r
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY PTS/CUPA SCAL£ SHOWN ON PtANS &/ISS0Gi8t8S tt^ REPUBLIC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ORAWWC NUMBER:
02
SCALC:
RR
APPIIOVEO: 1 y' lAKD USE PIANNIRC AND COHSttlTATION
tt^ REPUBLIC
SITE PLAN CAD FILE NUMBER:
PTS-02 AS NOTED: RR 2888 LOKER AVENUE EAST, SUITE 217
CAD FILE NUMBER:
PTS-02
°0S»1/2012 CARLSBAD, CA 92010 Ph:760-929-2288 2 0 'F7
00
^ EXISTING WATER UNE -
TO REMAIN
IT"
EXISTING
TRANSFER
TIPPING
_2L
EXISTING
TRANSFER
TIPPING 0/
EXISTING COLUMNS
TO REMAIN
PRIVATE FIRE HYDRANT TO BE RELOCATED IN
ACCORDANCE WITH THE FIRE DEPARTMENT
RECOMMENDATION
TW317
BW 307.5
i!. Ik=—II— ~ 41
PROPOSED
GREEN WASTE
TIPPING AREA 3,S60 S.F.
t
I SINOLE SLOPE SLAB-3.«S%
I TO MATCH EXISTING
I [TIPPING FLOOR
F.F. EL.317
^TW317
BW300
TW317
BW300
4
CUP 260 (D)
QPRIVATE FIRE HYDRANT TO BE RELOCATED IN ACCORDANCE WITH THE FIRE DEPARTMENT RECOMMENDATION
[T] NEW METAL PANEL SIDING TO MATCH EXISTING
[1] EXISTING PUSH WAUL ASSEMBLY TO BE REMOVED
in CONCRETE SLAB TO MATCH EXISTING
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JOVNa.
PTSfCUPA •CAUL SHOWN ON PLANS &l»tOCl>t8S PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT 03 PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JOVNa.
PTSfCUPA &l»tOCl>t8S lifivREPUBLIC CAOnUNUaSIK
•CAIE fMAWHNV:
RR
itn USE n««»i«« »»» e»i«»it«Tiiiii ' SERWBES FLOOR PLAN PTS-03
AS NOTED:
fMAWHNV:
RR 2888 LOKER AVENUE EAST, SUITE 217
CARLSBAO, CA 92010 Ph:760-a29-2288 ToF?!"" 2 CHfCKCDBV:
SW 'o«31/2012
2888 LOKER AVENUE EAST, SUITE 217
CARLSBAO, CA 92010 Ph:760-a29-2288 ToF?!"" 2
^niiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii^
' ' . RETAINIKiG.WALL
-8.4%(t) SAME AS -313 MSL / EXISTING
\- 307.5 MSL
- F.F 3.65% SLOPE TO MATCH EXISTING
EAST ELEVATION
LOOKING WEST
.Tfi'-O"
?8'-0"
4-0" 4-0
SOUTH ELEVATION
LOOKING NORTH
NORTH ELEVATION
LOOKING SOUTH
CUP 260 (D)
EXISTING (RECYCYLING)
BUY BACK CENTER STRUCTURE
•
SOUTH ELEVATKNi LOOKING NORTH
?o'-o'
ELECTRONIC WASTE CONTAINER EAST ELEVATION
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JONNflk
PTS/CUPA SCAU SHOWN ON KANS _ HOWBMflRiB* ^
X HE piiium »«• e;o»«»ii»iio« ji^ltEPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ELEVATIONS
04 PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JONNflk
PTS/CUPA SCAU SHOWN ON KANS _ HOWBMflRiB* ^
X HE piiium »«• e;o»«»ii»iio« ji^ltEPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ELEVATIONS PTS-04
AS NOTED:
DRAWN NYi
RR
APmoVCO:
SCAU SHOWN ON KANS _ HOWBMflRiB* ^
X HE piiium »«• e;o»«»ii»iio« ji^ltEPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ELEVATIONS PTS-04
AS NOTED:
DRAWN NYi
RR
APmoVCO:
SCAU SHOWN ON KANS
2888 LOKER AVENUE EAST, SUITE 217
ji^ltEPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ELEVATIONS
•HOT: |«V.
4 OF 71 *
AS NOTED:
CHCCKEOBY:
SW 05/31/2012
SCAU SHOWN ON KANS
CARLSBAD, CA 92010 Ph:760-929-2288
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ELEVATIONS
•HOT: |«V.
4 OF 71 *
3
CUP 260 (D)
EXISTING ROOF
LINE RIDGE
KEYNOTES;
[T] GUTTER DRAIN TO DOWN SPOUT
[2] DOWN SPOUT.
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JOBMm,
PTS/CUPA SCAU SHOWN ON HANS
X LANS BSC M.ANHINS AHN COHSIIITATION ^^RBPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ROOF PLAN
05 PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
JOBMm,
PTS/CUPA SCAU SHOWN ON HANS
X LANS BSC M.ANHINS AHN COHSIIITATION ^^RBPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ROOF PLAN PTS-05
AS NOTED: RR
SCAU SHOWN ON HANS
X LANS BSC M.ANHINS AHN COHSIIITATION ^^RBPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ROOF PLAN PTS-05
AS NOTED: RR
SCAU SHOWN ON HANS
2888 LOKER AVENUE EAST, SUITE 217
^^RBPUBUC
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ROOF PLAN PTS-05
AS NOTED:
CHKXSOBYX SW '05ni/2012
SCAU SHOWN ON HANS
CARLSBAD, CA 92010 Ph:760-929-2288
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
ROOF PLAN
50F7 2
O
EXISTING ORION STEET
IMPROVEMENTS PER BW§'443a j -
PLANTIIM<S' LE(&END
SYMBOL BOTANICAL NAME COMMON NAME SIZE CiUANTITY
O CASSIA LEPTOPHYLA
• 30' OC.
EXISTINS LANDSCAPE TO REMAIN
sou? MEPAU-ION 24" BOX 16
TREE
CUP 260 (D)
i PARKING
DRAINS TO NATURAL *
CHANNEL / VEGETATION EXISTING LEASE UNE 246.04'
EXISTING CQNCRETE BROW DITCH
LEGEND
EXISTING BUILDING
PROPOSED GREEN WASTE BUILDING
EXISTING FENCE
SDG&E EASEMENT
I PROPOSED RETAINING WALL
LEASE AREA BOUNDARY
EXISTING CONTOUR
SCALE: I'BM'-O"
0 40' 80'
ITS» LANOSCAfe T0 RBKAM ON PARAOAr
LEGAL DESCRIPTWN:
A PORTION OF LOT A AND B OF RANCHO AQUA HEDIONDA
ACCORDING TO MAP 823 HLB} N0VS18ER 16, 1986
PLANS ARE FOR CONCEPTUAL PURPOSES ONLY
I HE PIAHIM «» COMIUATlOa \
2888 LOKER AVENUE EAST, SUITE 217
CARLSBAD, CA 92010 Ph:760-929-2288
PALOMAR TRANSFER STATION CUP 260 (D) AMENDMENT
PLANTING PLAN
ISO*
07
PTS-02
7 0F7
EXHIBIT 5
Planning Commission Minutes October 3,2012 Page 2
APPROVAL OF WORKSHOP MINUTES
Chairperson Schumaclier asked if there were any corrections or revisions to the minutes of the workshop
from September 12, 2012.
MOTION
ACTION: Motion by Commissioner Scully, and duly seconded, that the Planning Commission
approve the minutes from the workshop of September 12, 2012.
VOTE: 6-0-1
AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L'Heureux,
Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Black
ABSTAIN: None
Chairperson Schumacher directed everyone's attention to the slide on the screen to review the
procedures the Commission would be following during the evening's Public Hearing.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PLANNING COMMISSION PUBUC HEARING
Chairperson Schumacher asked Mr. Neu to introduce the first item.
1. CUP 260(D) - PALOMAR TRANSFER STATION - Request for a recommendation of
approval of a Conditional Use Permit Amendment and a retroactive ten year extension to
allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection
of universal waste; and 3) collection of home-generated sharps needles on a site located
on the east side of Orion Street between Faraday Avenue and El Camino Real and within
Local Facilities Management Zone 5.
Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the staff
presentation.
Chairperson Schumacher opened the public hearing on Agenda Item 1.
Ms. Drew gave a brief presentation and stated she would be available to answer any questions.
Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the
applicant wished to make a presentation.
Tyler Overton, representing Republic Services at the Palomar Transfer Station, 5960 El Camino Real,
stated he would be available to answer any questions.
Chairperson Schumacher asked if there were any questions of the applicant.
Commissioner L'Heureux asked why the project took so long in processing. Mr. Overton stated there
were difficulties with the project design on their part.
Commissioner Siekmann asked where the paper and plastic will be sorted. Mr. Overton stated those
items are separated out in a different unloading bay.
Planning Commission Minutes October 3,2012 Page 3
Chairperson Schumacher asked if there were any members of the audience who wished to speak on the
item. Seeing none, he opened and closed public testimony.
DISCUSSION
Commissioner Nygaard stated the project will be a help for the transfer station and that she can support
the project.
Commissioner Arnold stated his support of the project.
Commissioner L'Heureux stated he too can support the project.
Commissioner Scully stated she can support the project.
Commissioner Siekmann stated she also supports the project.
Chairperson Schumacher stated he supports the project.
MOTION
ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6907 recommending
approval of a retroactive ten year extension of CUP 260, based upon the findings
and subject to the conditions contained therein.
VOTE: 6-0
AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L'Heureux,
Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann
NOES:
ABSENT: Commissioner Black
ABSTAIN: None
Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the
next agenda item.
2. CUP 12-09 - FORTIS FITNESS & STRENGTH - Request for a Conditional Use Permit
to allow Fortis Fitness & Strength to operate a specialty fitness gym in a vacant 10,566
square foot space located within an existing office/industrial development on property
located at 2712 Gateway Road, in the P-M Zone and in Local Facilities Management
Zone 17.
Mr. Neu introduced Agenda Item 2 and stated Junior Planner Chris Garcia would make the staff
presentation.
Chairperson Schumacher opened the public hearing on Agenda Item 2.
Mr. Garcia gave a brief presentation and stated he would be available to answer any questions.
Chairperson Schumacher acknowledged receipt of 8 letters of support of the project from building owners
in the development.
Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the
applicant wished to make a presentation.
Mike Howes, 2888 Loker Ave East Suite 217, Carlsbad, gave a brief presentation and stated he would be
available to answer any questions. Jamie McCann, president of JMRC Real Estate, thanked Staff for
their work on the project and stated he would be available to answer any questions.
44
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Proof of Publication of
NOTICE OF PUBLIC HEARING
) NOTICE IS HEREBY GIVEN to you, because your interest may be
' affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, November 6, 2012, to
consider approval of a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station
tipping bay structure; 2) collection of universal waste; and 3) collection of
home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within in Local Fa-
cilities 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 in the Office of the County R.ecorder of San Diego County on November
16, 1986
October 26'^ 2012
Whereas, on October 3, 2012 the City of Carlsbad Planning Commission voted
6-0 to recommend approval of a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer
station tipping bay structure; 2) collection of universal waste; and 3) collection
of home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within in Local Fa-
cilities Management. Zone 5.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after
November 2,2012. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or parti.drew@carlsbadca.gov.
If you challenge the Conditional Use Permit Amendment and Extension 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 correspon-
dence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 260(D) CASE NAME: PALOMAR TRANSFER STATION
CITY OF CARLSBAD CITY COUNCIL nct 2324429 10/26/2012
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Escondido, California
On This 26/7day.October, 2012
Jane Allshouse
NORTH COUNPr' TIMES
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAIVIINO REAL
CARLSBAD OA 92011
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
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PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
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PROJECT PLANNER
MICHAEL MCSWEENEY - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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LOS ANGELES CA 90025-1769
FENTON H G COMPANY
7577 MISSION VALLEY RD
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36560 SAQUARO CT
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, November 6, 2012, to
consider approval of a Conditional Use Permit Amendment and a retroactive ten year extension
to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of
universal waste; and 3) collection of home-generated sharps needles on a site located on the
east side of Orion Street between Faraday Avenue and El Camino Real and within in 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 in the Office of the County Recorder of San Diego County on
November 16, 1986
Whereas, on October 3, 2012 the City of Carlsbad Planning Commission voted 6-0 to
recommend approval of a Conditional Use Permit Amendment and a retroactive ten year
extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2)
collection of universal waste; and 3) collection of home-generated sharps needles on a site
located on the east side of Orion Street between Faraday Avenue and El Camino Real and
within in Local Facilities Management Zone 5.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after November 2, 2012. If you have
any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or
pam.drew@carlsbadca.gov.
If you challenge the Conditional Use Permit Amendment and Extension 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's
Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 260(D)
CASE NAME: PALOMAR TRANSFER STATION
PUBLISH: October 24, 2012
CITY OF CARLSBAD
CITY COUNCIL
SITEMAP
N
NOT TO SCALE
PALOMAR TRANSFER STATION
CUP 260(D)
Palomar Transfer Station
Pam Drew
November 6, 2012
Project Components
Extension for ten years
Addition to existing unloading bay
Collection of universal waste
Collection of home-generated needles
Addition of landscaping
3
Site Plan
4
Proposed addition
Proposed needle
drop-off site
Proposed universal waste
drop-off site
Project Cont.
5
Universal waste drop-off site
Home-generated sharps needle
drop-off site
Project Cont.
6
Green waste Construction &
demolition Municipal
solid waste
Elevations
7
Landscape Plan
8
Proposed trees
Photo Simulation
9
Project Consistency
General Plan – (PI) Planned Industrial
Land Use designation;
Zoning – (M) Industrial Zone;
Conditional Use Permit Regulations;
McClellan-Palomar Airport Land Use
Compatibility Plan; and
Growth Management.
10
Recommendation to City Council
That the City Council ADOPT Resolution
No. 2012-243 APPROVING a Conditional
Use Permit Amendment and Extension
CUP 260(D), based upon the findings and
subject to the conditions contained
therein.