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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: 23 1. That the above recitations are true and correct. 24 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. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 N NOT TO SCALE PALOMAR TRANSFER STATION CUP 260(D) 3 5 10 11 12 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 15 16 17 18 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 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly 24 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. 1 2 3 4 I 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, g 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. 5 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). 11 12 19 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. 23 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. 10 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. 17 18 19 20.. 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 23 24 25 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. 3 " 4 5 15 25 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. 8 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. 13 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. 27 28 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. 7 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 14 15 16 17 18 19 20 21 22 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 24 25 26 27 DON NEU 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 13 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- 22 ^ d. Install new streetlights along the frontage of Orion Street per City 2 15 22 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. 18 19 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 26 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Legal Advertising Easy Peel® Ubels "se Av«»ry® Template 5160® Bend along line to { expose Pop-Up Edge^** ^ AVBRY® 5160® 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 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 310 5510 OVERLAND AVE SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faclles a peler LJtili«P7 lp nabarit AVFRY® "JtfiO® • Sens de Repliez k la hachure af in de j r^v^ler le rebord POIVIIDTM ! vvww.avety.com 1-800-GO-AVERY Easy Peel® Ut>els Use Avery® Tennplate 5160® Bend along line to • expose Pop-Up Edge^" j AVERY® 5160® BOI CARLSBAD INC PO BOX 121604 ARLINGTQJ^'tx'76012-1604 CAMPUS CARLSBAD LLC STE 100 1525 FARADAY AV CARLSBAD CA 92008 RIFIII-IMPALALLC 11620 WILSHIRE BV 300 LOS ANGELES CA 90025-1769 JAMES BALDWIN 1558 NEPTUNE AV ENCINITAS CA 92024-1435 R I F lll-IMPALA LLC 11620 WILSHIRE BV 650 LOS ANGELES CA 90025-1769 FENTON H G COMPANY 7577 MISSION VALLEY RD SAN DIEGO CA 92108-4432 FENTON CARLSBAD LLC 7577 MISSION VALLEY RD SAN DIEGO CA 92108-4432 LUANNE L LEONARD 36560 SAQUARO CT RANCHO MIRAGE CA 92270-2332 BECKMAN COULTER INC 250S KRAEMER BL BREA CA 92821-6232 SDG&E ATTN JANY STALEY 8315 CENTURY PARK CT CP22A SAN DIEGO CA 92123 COUNTY OF SAN DIEGO DIVISION OF AIRPORTS ATTN PETER DRINKWATER 1960 CROSSON RD EL CAJON CA 92020 BRANDYWINE REALTY STE 100 555 E LANCASTER AVE RADNOR PA 19087-5166 Etiquettes faciles k peler A\/cpv® •;t*;n® A Sens de Repliez k la hachure afin de | r&u&lar lo rphnrd Pon-lJnTM I www^avery.com i-Rnn-cn-AVPRY 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.