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HomeMy WebLinkAbout2015-03-10; City Council; 21889; Conditional Use Permit Palomar Transfer Station 5960 El Camino RealCITY OF CARLSBAD - AGENDA BILL 14 AB# 21,889 ADOPT RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE HOURS OF PUBUC ACCESS TO THE PALOMAR TRANSFER STATION (PTS) FROM 9:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY TO 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY ON PROPERTY LOCATED AT 5960 EL CAMINO REAL DEPT. DIRECTOR 6§^^. MTG. 3/10/15 ADOPT RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE HOURS OF PUBUC ACCESS TO THE PALOMAR TRANSFER STATION (PTS) FROM 9:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY TO 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY ON PROPERTY LOCATED AT 5960 EL CAMINO REAL CITY ATTORNEY J/^ DEPT. CED ADOPT RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE HOURS OF PUBUC ACCESS TO THE PALOMAR TRANSFER STATION (PTS) FROM 9:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY TO 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY ON PROPERTY LOCATED AT 5960 EL CAMINO REAL CITY MANAGER [UfS RECOMMENDED ACTION: Adopt Resolution No. 2015-063 approving a Conditional Use Permit Amendment CUP 260(E) to increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Friday on property located at 5960 El Camino Real. ITEM EXPLANATION: This project involves a request to increase the hours of public access to the PTS from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Friday. Public access hours on Saturdays and Sundays are from 7:30 a.m. to 4:00 p.m. and would not change. The proposed changes in public access hours require approval of a CUP Amendment. The Planning Commission would be the final decision maker on typical CUP amendments; however, this project is located within the industrial zone (M) which requires City Council approval for this type of use. Project Planning Commission City Council CUP 260(E) RA X RA = Recommended approval X - Final city decision-making authority On January 21, 2015 the Planning Commission voted 5-1-1 (Commissioner Anderson voted no; Commissioner Segall absent) to recommend approval of the project. The Planning Commission minutes are also attached as Exhibit 5. The applicant would like to increase the hours for public access as currently approximately 40 to 50 vehicles, primarily construction workers and landscapers, arrive at the PTS between the hours of 7:00 a.m. to 9:00 a.m. The applicant stated that they allow the vehicles to use the facility starting at 7:00 a.m. instead of turning them away and requiring them to come back later. The Solid Waste Facility Permit issued by the County of San Diego for the PTS states the facility's hours of operation for public access are from 7:00 a.m. to 4:00 p.m. The applicant would like the hours of operation for their CUP to be the same hours as their Solid Waste Facility Permit. The Level of Service (LOS) for the nearby intersections is B. LOS determinations are standardized criteria to determine levels of operational efficiency and can range from A (free flowing traffic) to F (gridlocked traffic). The City of Carlsbad has established the threshold for acceptable LOS at city intersections and along roadway segments as DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drewOcarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURN ED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Palomar Transfer Station Feb. 24, 2015 Page 2 of 2 LOS D or better (80 to 90% capacity). Furthermore, the City of Cartsbad Transportation Department reviewed the proposed increase in public access hours and determined that no significant impact would occur. FISCAL IMPACT: There are no fiscal impacts associated with the proposed Conditional Use Permit Amendment. ENVIRONMENTAL IMPAa: The project was previously evaluated in the FEIR (04-03), dated September 2004, and adopted by the City Council at its February 1, 2005 meeting. The FEIR evaluated the potential environmental effects, including the proposed traffic and circulation impacts on the surrounding circulation system, to allow public access to the PTS Monday through Friday 7:00 a.m. to 4:00 p.m. and 7:30 a.m. to 4:00 p.m. on Saturday and Sunday. The proposed project is within the scope of the prior environmental document and no further environmental documentation is required per California Environmental Quality Act (CEQA) Guideline Section 15162. PUBUC NOTIFICATION: Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office ofthe City Clerk. EXHIBITS: 1. Citv Council Resolution No. 2015-063 2. Location Map 3. Planning Commission Resolution No. 7080, dated January 21, 2015 4. Planning Commission Staff Report dated January 21, 2015 5. Excerpts of the Draft Planning Commission Minutes, January 21, 2015 EXHIBIT 1 1 RESOLUTION NO. 2015-063 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE HOURS OF PUBLIC ACCESS TO THE PALOMAR 4 TRANSFER STATION (PTS) FROM 9:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY TO 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH 5 FRIDAY ON PROPERTY LOCATED AT 5960 EL CAMINO REAL. CASE NAME: PALOMAR TRANSFER STATION 6 CASE NO.: CUP 260(E) 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission ^ did, on January 21, 2015, hold a duly noticed public hearing as prescribed by law to consider Conditional 9 26 27 28 Use Permit Amendment (CUP 260(E)) and adopted Planning Commission Resolution No. 7080, recommending approval of Conditional Use Permit Amendment (CUP 260(E)); and WHEREAS, the City Council of the City of Carlsbad, on the 10th day of ^^'^^^ , 2015, held a duly noticed public hearing to consider adoption of a Conditional Use Permit Amendment (CUP 260(E)); and 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of a 10 11 12 13 14 15 16 17 18 19 20 21 22 Conditional Use Permit Amendment (CUP 260(E)) is approved and adopted, and that the findings and 23 conditions of the Planning Commission contained in Planning Commission Resolution No. 7080 on file 24 with the City Clerk and incorporated herein by reference, are the findings and conditions of the City 25 Council. /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the day of 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. 'J2. MATT HALL Mayor ATTEST: SHELLEY COLLINSXCMC, Assistant City Clerk (SEALU^^*'''';"/,, EXHIBIT 2 N NOT TO SCALE SITEMAP Palomar Transfer Station CUP 260(E) 5 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 7080 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO INCREASE THE HOURS OF PUBLIC ACCESS 4 TO THE PALOMAR TRANSFER STATION (PTS) FROM 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY ON A SITE LOCATED AT 5960 EL CAMINO REAL BETWEEN FARADAYAVENUE AND EL CAMINO REAL AND WITHIN IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR TRANSFER STATION CASE NO.: CUP 260(E) g WHEREAS, Palomar Transfer Station, Inc., "Developer," has filed a verified application g with the City of Carlsbad regarding property owned by the County of San Diego, Department of Public IQ Works - Airport Division, "Owner," described as 11 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 12 on November 16,1986 13 ("the Property"); and 1'* WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment on file in the Planning Division PALOMAR TRANSFER STATION - CUP 260(E), per Conditional Use Regulations Chapter 21.42 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 21, 2015, hold a duly noticed public hearing as prescribed by taw to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP amendment; and WHEREAS, on January 21,2015, the Planning Commission recommends approval of CUP 260(E), as described and conditioned in Planning Commission Resolution No. 7080. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 „ B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of CUP 260(E) - PALOMAR TRANSFER STATION, based on the following findings and subject to the following conditions: 3 " 4 7 8 26 27 Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in 5 harmony with the various elements and objectives ofthe general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed amendment is ^ to increase hours of operation for public access. No structures are proposed. 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 surrounding area is undeveloped. The g developed sites contain industrial type uses (e.g., the CMWD office and equipment storage yard, Safety Center, etc.). Therefore, the expanded hours of operation for public access is not 2Q detrimental to any existing uses or permitted uses in the area. 11 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 12 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, in 13 that the proposed amendment is to increase hours of operation for public access. No structures are proposed. 14 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the LOS for the street system surrounding the PTS was determined to be a B which is considered to be acceptable. The additional vehicles are not anticipated to change the LOS at the intersections of El Camino Real at Palomar Airport Road ^.^ and El Camino Real at Faraday Avenue; therefore, the street system serving the facility is adequate to properly handle all existing and proposed traffic. 18 That the project is consistent with the McClellan-Palomar Airport Land Use Compatibility Plan 29 (ALUCP) as amended March 4, 2010 in that the adopted project findings for CUP 260(D), which are contained in Planning Commission Resolution No. 6907, still apply to this project (CUP 20 260(E)). Furthermore, the proposed amendment is to increase hours of operation for public access. No structures are proposed. 21 That the proposed land use is compatible with the airport (General Plan Land Use Element - 22 Special Planning Considerations - Airport) in that the proposed amendment is to increase hours of operation for public access. No structures or land uses changes are proposed. 23 24 Conditions: 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 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their 2g compliance with said conditions or seek damages for their violation. No vested rights are gained PC RESO NO. 7080 -2- 1 by Developer or a successor in interest by the City's approval of this Conditional Use Permit 2 Amendment. 3 2. The adopted project conditions for CUP 260(D), which are contained in Planning Commission Resolution No. 6907, still apply to this project (CUP 260(E)) with the exception of Condition No. 4 3, 6 and 7, which have been completed. Condition No. 8 has been extended retroactively for 24 months from November 6, 2014, the date of the City Council's approval of CUP 260(D) as 5 stated in City Council Resolution 2012-243. ^ Engineering: ^ 3. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff g during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or 10 reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and 11 tenants of the above requirements. 8 12 NOTICE 13 14 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. Ifyou protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent 17 legal action to attack, review, set aside, void, or annul their imposition. 18 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 19 similar application processing or service fees in connection with 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 20 of limitations has previously otherwise expired. 21 22 23 24 25 26 27 28 PC RESO NO. 7080 -3- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on January 21, 2015 by the following vote, to wit: AYES: Chairperson Scully, Commissioners Black, L'Heureux, Montgomery and Siekmann NOES: Commissioner Anderson ABSENT: Commissioner Segall y\(^lQm SCULLY, Chairperson CARLSBAD PLANNING COMMISSION \T7^ST: Jl 1^ DON NEU City Planner PC RESO NO. 7080 -4- EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 21, 2015 Application complete date: November 25, 2014 Project Planner: Pam Drew Project Engineer: David Rick SUBJECT: CUP 260(E) - PALOMAR TRANSFER STATION - Request for a recommendation of approval of a Conditional Use Permit Amendment to increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Friday on a site located at 5960 El Camino Real between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7080 RECOMMENDING APPROVAL of an amendment to CUP 260, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project involves a request to increase the hours of public access to the PTS to 7:00 a.m. to 4:00 p.m. Monday through Friday. Currently the public access hours are from 9:00 a.m. to 4:00 p.m. Monday through Friday. Public access hours on Saturdays and Sundays are from 7:30 a.m. to 4:00 p.m. and would not change. The proposed changes in public access hours require approval of a CUP Amendment. The Planning Commission would be the final decision maker on typical CUP amendments; however, this project is located within the industrial zone (M) which requires City Council approval for this type of use. The PTS was originally permitted on this site in 1977 (CUP 140), and there have been various extensions and amendments (including a new permit number (CUP 260)) granted for the faciiity since that time. In 1977 the hours of operation for public access were 7:00 a.m. to 9:00 p.m. seven days a week. CUP 260(B) allowed for public access from 7:30 a.m. to 4:00 p.m. on Saturday and Sunday only. CUP 260(C) requested to increase public access to include 7:00 a.m. to 4:00 p.m. Monday through Friday. The Planning Commission, at its December 1, 2004 meeting, recommended approval of the applicants request to expand the PTS and to increase the hours for public access to Monday through Friday from 7:00 a.m. to 4:00 p.m. and from 7:30 a.m. to 4:00 p.m. on Saturday and Sunday (CUP 260(C)). The City Council, at its February 1, 2005 meeting, received a memo from the City Attorney suggesting additional conditions to the CUP amendment as a result of Mayor Lewis' concerns about traffic impacts from outside of the city, which clarified the tonnage limit the days/hours of operation and truck route control. The City Council incorporated the City Attorney's additional conditions in Resolution No. 2005- 029. The public access hours were reduced to Monday through Friday from 9:00 a.m. to 4:00 p.m. Saturday and Sunday remained the same from 7:30 a.m. to 4:00 p.m. ,0 CUP 260(E) - PALOMAR TRANSFER STATION January 21, 2015 Page 2 However, per the City of Carlsbad's Traffic Monitoring Program, dated October 28, 2004, the morning peak hours were from 7:00 a.m. to 8:00 a.m. at the intersections of El Camino Real at Palomar Airport Road (2,218 total vehicles) and El Camino Real at Faraday Avenue (2,781 total vehicles). The reduced hours for public access may have been related to the a.m. peak hour. However, the Level of Service (LOS) for the morning peak hour at the intersections was B. LOS determinations are standardized criteria to determine levels of operational efficiency and can range from A (free flowing traffic) to F (gridlocked traffic). The City of Carlsbad has established the threshold for acceptable LOS at city intersections and along roadway segments as LOS D or better (80 to 90% capacity) during peak hours and LOS C during off- peak hours. Furthermore, the City Attorney's memo stated that the applicant may request an amendment to expand the hours of operation up to the limits specified in the Project's Final Environmental Impact Report (FEIR 04-03) for the CUP amendment (CUP 260(C)), adopted by the City Council on February 1, 2005. The FEIR included analysis for public access seven days a week from 7:00 a.m, to 4:00 p.m. Additionally, the Project's FEIR (04-03) states in Section 2.14.4.2 - Trip Distribution and Assignment the greatest traffic volumes for the PTS for any one-hour time period for the a.m. peak hour volume is from 6:00 a.m. to 7:00 a.m. and the p.m. peak hour volume is between 4:00 p.m. and 5:00 p.m. According to the application, the Waste Management collection trucks start departing the PTS at 5:30 a.m. and the last truck leaves by 6:30 a.m. Given that all waste collection trucks leave the facility by 6:30 a.m., there is no potential for conflicts with incoming public customers beginning at 7:00 a.m. The FEIR analyzed the potential impacts of the project on the surrounding circulation system and determined that the proposed project would have an adverse cumulative impact on the existing roadway system in the vicinity of the project site. While the impacts were considered less than significant the project was required to contribute traffic impact fees to fund a fair share of the planned roadway improvements for cumulative projects and related traffic growth in the City of Carlsbad. No additional project specific mitigation measures were required. The City of Cartsbad's Traffic Monitoring Program, dated November 18, 2014, states that the morning peak hours are from 7:45 a.m. to 8:45 a.m. at the intersections of El Camino Real at Paiomar Airport Road (2,357 total vehicles) and El Camino Real at Faraday Avenue (3,400 total vehicles). The applicant stated that approximately 40 to 50 vehicles arrive at the PTS between the hours of 7:00 a.m. to 9:00 a.m. The applicant stated that they allow the vehicles to use the facility starting at 7:30 a.m. instead of turning them away and requiring them to come back later. The Solid Waste Facility Permit issued by the County of San Diego for the PTS states the facility's hours of operation for public access are from 7:00 a.m. to 4:00 p.m. The applicant would like the hours of operation for their CUP to be the same hours as their Solid Waste Facility Permit. The LOS for these intersections is B. The City of Carlsbad Transportation Department reviewed the proposed increase in public access hours and determined that no significant impact would occur. III. ANALYSIS The existing transfer station continues to be consistent with all applicable plans, policies and regulations described below: A. City of Carlsbad General Plan Planned Industrial (PI) designation; B. Industrial (M) Zone regulations (Chapter 21.32 ofthe Carlsbad Municipal Code); C. Conditional Use Regulations (Chapter 21.42 ofthe Carlsbad Municipal Code); D. McClellan-Palomar Airport Land Use Compatibility Plan; and E. Growth Management Regulations (Chapter 21.90 of the Cartsbad Municipal Code). CUP 260(E) - PALOMAR TRANSFER STATION January 21, 2015 Page 3 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. TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES 8i 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, white minimizing negative impacts to surrounding land uses." The proposed project would increase the hours of pubiic access to the transfer station from Monday through Friday 9:00 a.m. to 4:00 p.m. to Monday through Friday 7:00 a.m. to 4:00 p.m. and continued operation of the existing trash transfer facility, which is an allowed use under the PI designation as implemented by M zoning. Yes B. Industrial (M) Zoning The existing PTS is permitted in the M (Industrial) zone subject to approval of a Conditional Use Permit. The amendment would only increase the hours of operation; therefore, setback and height requirements are not applicable. The PTS, as modified by this amendment would remain in compliance with all applicable requirements ofthe M zone as demonstrated in Table 2, below. TABLE 2 - INDUSTRIAL ZONE CONFORMANCE M ZONE STANDARD REQUIRED PROPOSED Permitted Use Transfer facilities are a conditionally allowed use. Transfer station C. Conditional Uses Conditional uses such as the existing PTF 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. n CUP 260(E) - PALOMAR TRANSFER STATION January 21, 2015 Page 4 TABLE 3 - CONDITIONAL USE PERMIT FINDINGS FINDING PROJECT CONSISTENCY That the requested use is necessary or desirable for the development ofthe 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 proposed amendment is to increase hours of operation for public access. No structures are proposed. 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 of the surrounding area is undeveloped. The developed sites contain industrial type uses (e.g., the CMWD office and equipment storage yard. Safety Center, etc.). Therefore, the expanded hours of operation for public access 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. The proposed amendment is to increase hours of operation for public access. No structures are proposed. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The LOS for the street system surrounding the PTS is B which is considered to be acceptable. The additionat vehicles are not anticipated to change the LOS at the intersections; therefore, the street system serving the facility is adequate to properly handle all existing and proposed traffic. McClellan-Palomar Airport Land Use Compatibility Plan The proposed project site is within a Vz 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 Tabte 4 betow. CUP 260(E) - PALOMAR TRANSFER STATION January 21, 2015 Page 5 TABLE 4 - 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(D), which are contained in Planning Commission Resolution No. 6907, still apply to this project (CUP 260(E)). Furthermore, the proposed amendment is to increase hours of operation for public access. No structures are proposed. That the proposed land use is compatible with the airport (General Plan Land Use Element - Special Planning Considerations - Airport). The proposed amendment is to increase hours of operation for public access. No structures or land use changes are proposed. E. Growth Management Regulations The proposed project is located within Local Facilities Management Zone 5 in the southeast quadrant of the city and wilt have no impacts on public facilities. The LOS for the morning peak hour at the adjacent intersections identify which ones were determined to be B. The project's incremental contribution to morning peak hour trips does not impair the ability to maintain acceptable level of service at these intersections. Based on the city's growth management policies, a LOS of B is considered acceptable. IV. ENVIRONMENTAL REVIEW The project was previously evaluated in the FEIR (04-03), dated September 2004, and adopted by the City Council at its February 1, 2005 meeting. The FEIR evaluated the potential environmental effects, including the proposed traffic and circulation impacts on the surrounding circulation system, to allow public access to the PTS Monday through Friday 7:00 a.m. to 4:00 p.m. and 7:30 a.m. to 4:00 p.m. on Saturday and Sunday. The proposed project is within the scope of the prior environmental document and no further environmental documentation is required per California Environmental Quality Act (CEQA) Guideline Section 15162. ATTACHMENTS: 1. Planning Commission Resolution No. 7080 2. Location Map 3. Disclosure Form 4. Planning Commission Resolution No. 6907 (CUP 260(D)) N NOT TO SCALE SITE MAP Palomar Transfer Station CUP 260(E) \6 DISCLOSURE Develoament Seruic.. STATEMENT planning Division ^ CMY Of P. 1/A\ 1635 Faraday Avenue CARLSBAD * ' www.can5oadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretbnary action on ttie part ofthe City Council or any appointed Board, Commission or Committee. The following infomnation 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, finn, co-partnersh'p, joint venture, association, social club, firatemal organization, corporatk>n, estate, trust, receiver, syndicate, in Hiis and any ottier county, dty and county, city municipality, distnct 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 ttie appBcant and pn^erty owner must be provided below. 1. APPLICANT (Not the applicants agent) Prowde the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a conooration or partnership, include the names, titles, 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, titles, and addresses of the corporate officers. (A separate piage may be attached if necessary.) Person Palomar Transfer Station Corp/Part Title , Title Address 5960 El Camino Real Address ; Carlsbad, CA 92008 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, provkle the nature of the legal ownership (i.e., partnersNp, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, 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 corooration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Countv of San Dieeo Corp/Part__ Title O iKe^£. fh^^fttcH Title Address 1960 joe Crosson Drive Address_ El Cajon, CA 92020 P-1 (A) Page 1 of 2 Revised 07/10 11^ 3. 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 tmstee or beneficiary of the. Non Profit/Taist Non Profit/Tojst Title ^ Title. Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I—I I—I I I Yes [XJ No If yes, piease indicate person(s):_ NOTE: Attach additional sheets if necessary. certi%Kthat att-th^bov^ informatiorikis true and correct to the best of ray-knowledgej!>fe*vt #2 /v^.^^ signature of cH{jher/date Signature of ar^fHeent/dat^^ Pnnt or type nameof 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 1 PLANNING COMMISSION RESOLUTION NO. 6907 5 8 2 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.: CUP260rD^ 10 •• 11 j2 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 A portion of lots A and B of Rancho Agua Hedionda according j5 to Map No. 823 filed in the Office of the County Recorder of San Diego County on November 16,1986 16 " 17 18 WHEREAS, Palomar Transfer Station, Inc., "Developer," has filed a verified ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 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 ofthe Carlsbad 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly 24 2^ noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, ofall 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 2 approval of CUP 260(D), as described and conditioned in Planning Commission Resolution No. 3 6907. 4 5 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, 0 2012 through March 4, 2022, based on the following findings and subject to the J ^ following conditions: j2 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, 1^ ifapplicable, the certified local coastal program, specific plan or master plan, in that the I ^ 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 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 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. 18 19 22 21 3. That the site for the proposed condifional 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. 26 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 Commission 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 Compatibility Plan (ALUCP) as amended March 4, 2010. 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 5 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). 9 12 15 Conditions; 10 Note: Unless otherwise specified herein, all condifions 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 condifion 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 fitle; institute and prosecute litigation to compel their compliance with said g 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. 8 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 ofthe 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 2^ and successors in interest that the City of Carlsbad has issued a Conditional Use Permit 25 Amendment by Resolution No. 6907 on the property. Said Notice of Restriction shall note the property descripfion, locafion of the file containing complete project details and 27 all conditions of approval as well as any condifions or restrictions specified for inclusion in the Notice of Restriction. The City Planner 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 7 4. This Conditional Use Permit is granted for a period of ten (10) years retroactively from 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 not to exceed ten (10) years upon written application of the permittee made no less than 2 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land 6 uses or. the public's health and welfare. If a substantial negafive 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 g 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 condifion, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant 1"^ growth without causing soil erosion and runoff " The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 16 landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 17 18 19 20 „ 9. The developer shall design the relocation of the existing private fire hydrant, located in 21 front ofthe 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 condifion that building permits will not be issued for the development of the subject property, unless the district engineer has 2^ determined that adequate water and sewer facilities are available at the time of pennit 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 condifion. 3 " 4 11 25 Fees/Agreements 2 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 6 Agreement. 7 14. Developer shall cause property owner or developer to execute and submit to the city g engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 9 Grading 0 15. Based upon a review ofthe proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading 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 1"^ 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, pollufion prevention and 16 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. JP 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: I) 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 26 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 27 28 PC RESO NO. 6907 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing m accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Cahfomia, held on October 3,2012 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Schumacher, Commissioners Arnold, L'Heureux, Nygaard, Scully and Siekmann Commissioner Black MICHAEL SCHUMACRER, Chairperson CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 6907 EXHIBIT 5 Planning Commission Minutes January 21,2015 Page 2 1. CDP 14-13 - HIRSCHKOFF RESIDENCE - Request for the adoption of a l\/litigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,015 square foot single family residence within the Mello II Segment ofthe City's Coastal Zone generally located on the west side of Jefferson Street, adjacent to the Interstate Five freeway and within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Scully asked if any member of the audience wished to address Agenda ttem 1. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L'Heureux that the Planning Commission adopt Planning Commission Resolution No. 7081 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and adopt Planning Commission Resolution No. 7082 approving Coastal Development Permit CDP 14-13 based upon the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, and Commissioner Siekmann NOES: None ABSENT: Commissioner Segall ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2. 2. CUP 260(E) - PALOMAR TRANSFER STATION - Request for a recommendation of approval of a Conditional Use Permit Amendment to increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Friday on a site located at 5960 El Camino Real between Faraday Avenue and El Camino Real and within in Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Pam Drew would make the staff presentation. Ms. Drew gave a brief presentation and stated she would be available to answer any questions. Chairperson Sully asked if there were any questions of staff. Commissioner Anderson asked about the road construction near the project site and the estimated completion date. Ms. Drew stated that she did not know the exact timing on the completion of the construction. Mr. Neu commented that he too was not aware of the completion date. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Neil Moore, representative for the Palomar Transfer Station, stated he was available to answer questions. 71 i Planning Commission Minutes January 21,2015 Page 3 Chairperson Scully asked if there were any questions of the applicant. Seeing none she asked if there were any members of the audience who wished to speak on Agenda Item 2. Seeing none. Chairperson Scully opened and closed public testimony on Agenda Item 2. Chairperson Scully asked if there were any further questions of staff. DISCUSSION Commissioner Montgomery stated he can approve the project. Commissioner Black stated he can support the project. Commissioner Siekmann stated her concurrence. Commissioner L'Heureux stated he can support the project. Commissioner Anderson commented that she has concerns regarding the traffic and feels the increase in the hours will contribute to the traffic issues around the project site. She feels the hours should be non- peak hours and suggested the approval be postponed until the construction on Faraday Avenue is complete. Commissioner Siekmann commented that the ADT are already included in the traffic counts because the site has been accepting customers during these proposed hours. She stated that approving the project would not make the situation worse since the hours have already been adjusted to help serve the public. Commissioner Anderson feels that the increased hours will create more activity and traffic at the center. Commissioner Montgomery stated he understands Commissioner Anderson's concerns; however he feels the traffic will not impacted. Commissioner Anderson commented that she feels customers will come from neighboring cities from all directions and there are already enough cars on the road at rush hour. Chairperson Scully stated she can support the project. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7080 recommending approval of an amendment to CUP 260, based upon the findings and subject to the conditions contained therein. VOTE: 5-1 AYES: Chairperson Scully, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, and Commissioner Siekmann NOES: Commissioner Anderson ABSENT: Commissioner Segall ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. 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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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: February 28*^ 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of NOTICE OF PUBLIC HEARING iNOTlCE IS HEREBY GIVEN to you, because your in-Iterest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun- cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, March 10, 2015, to consider approval of a Conditional Use Permit Amendment to increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Friday on property gen- erally located at 5960 El Camino Real 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 January 21, 2015 the City of Carlsbad Planning Commission voted 5-1-1 (Commissioner Anderson voted no; Commissioner Segall absent) to recommend approval of a Con-ditional Use Permit Amendment to increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Mon- day through Friday on a site located at 5960 El Camino Real be-tween Faraday Avenue and El Camino Real and within in Local Faci I ities Management Zone 5. Those persons wishing to speak on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda bill will be available on and after March 6, 2015. If you have any ques-tions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew@carlsbadca.90v . If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this no-tice 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(E) CASE NAME: PALOMAR TRANSFER STATION CITYOF CARLSBAD CITY COUNCIL pub: 2/28/15 Dated at Oceanside, California On This 02"^ davMarch, 2015 Jane Allshouse UT NORTH COUNTY Legal Advertising AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: 3/lo/cS SUBJECT: Pc^o^vKjOLr 7?^.<s/c»^ ^3hiM^&r^ LOCATION: f^Oo ^IWfefe:^ {/dl/ZjC^ I>r.^ (lA^bcLcL DATE NOTICES MAILED TO PROPERTY OWNERS: ^/^SpS NUMBER MAILED: I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE ^ (Date) (Signature) f (Dafe) SENT TO FOR PUBLIdAtlON VIA E-MAIL TO: d^funion Tribune I I Coast News PUBLICATION DATE: Union Coast News Tribune 7 I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: A//'=f/(S. (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments Easy Peel® Labels Use Avery® Template 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 I i r CITYOF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDUFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 itiquettes faciles a peler I itii; Bend along line to expose Pop^up Edge'^" SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUAUTY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AVERY® 5160® AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Sens de Repliez a la hachure afin de ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. 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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 March 6, 2015. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew@carisbadca.gov. If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carisbad, Attn: City Cleri<'s Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 260(E) CASE NAME: PALOMAR TRANSFER STATION PUBLISH: February 28, 2015. CITY OF CARLSBAD CITY COUNCIL wor TO SCALE SITEMAP Palomar Transfer Station CUP 260(E) Palomar Transfer Station Pam Drew, Associate Planner March 10, 2015 2 FARADAY AV E L C A M I NO R E A L OR I O N S T ORION WYPALMER WY0 400 800200 Feet ICUP 260(E) Palomar Transfer Station Project Description •Increase public access hours to 7:00 a.m. – 4:00 p.m. Monday –Friday 40 –50 vehicles between 7:00 am –9:00 am Level of Service at nearby intersections is B No significant impact would occur 3 4 Recommendation •City Council adopt Resolution No. 2015-063 approving CUP 260(E) as recommended by the Planning Commission, based on the findings contained therein.