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HomeMy WebLinkAboutCD 2021-0024; Palomar Transfer Station Stormwater Treatment; Admin Decision LetterFebruary 23, 2022 Palomar Transfer Station ATTN: Jordana Bjorkman 5960 El Camino Real Carlsbad, CA 92008 Ccityof Carlsbad B FILE COPY tr/"lt/'to( 3/~/22. SUBJECT: CD 2021-0024 (DEV02005} -Palomar Transfer Station Storm Water Treatment The City Planner has completed a review of your application for a storm water treatment facility, (APN: 209-050-2500) which is a modification to CUP 260 (D), a request for operation of a refuse and recycling facility. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • Construction of drainage improvements • Construction and installation of a stormwater treatment system In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the project would continue to provide necessary features to remain compliant with development standards such as parking, drive aisles, and landscaping. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that currently a majority of the property's runoff drains south to the natural channel/vegetation in the Carlsbad Oaks North Habitat Conservation through a concrete swale, the proposed project would construct an advanced stormwater treatment system to reduce the concentrations of contaminants that are discharged into the Carlsbad Oaks North Habitat Conservation area. 3) The proposed revision does not change the density or boundary of the subject property in that the operations of the Palomar Transfer Station would not expand the current property lines and it would not change the density of the property because there are no existing housing units and no housing units are being proposed on the property. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CD 2021-0024 (DEV02005)-Palomar Transfer Station Storm Water Treatment February 23, 2022 Pa e 2 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the installation of a stormwater treatment system is an improvement to the current operations of the facility and the land use permitted with the original permit would remain, which is a refuse and recycling facility. 5) The proposed revision does not rearrange the major land uses within the development in that the stormwater treatment facility would be located in an area that is currently being used for storage of excess equipment, the major land use of processing refuse and recycling materials would remain intact and would not be negatively impacted by the project. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code in that the footprint of the water quality system is less than 10% of the footprint of the existing facility and related operations. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the stormwater treatment system would be located in an area that is developed, it would remain within the footprint of the existing developed property, and no new impacts would occur and no new mitigation is necessary that was not already analyzed in the previous Environmental Impact Report {EIR 03-04, State Clearing House No 2003071175). 8} The proposed change would not result in any health, safety or welfare impacts in that the project is intended to improve the water quality of the storm water that is discharged into the Carlsbad Oaks North Habitat Conservation area by removing contaminates from the storm water, there would be no resulting negative health, safety or welfare impacts anticipated from this project. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change in that the facility had an existing Consent Decree that requires regular monitoring of the storm water discharge from the property, that monitoring informed the business operators of the need for the storm water treatment system, this project would not exacerbate any controversies but would be an improvement to the overall facility. 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved in that the facility is located away from the nearest road, Orion Road, it would not be visible from the public right of way, it would not increase the noise of facility operations~ and it would not modify or alter the intended operations of the facility which is to process refuse and recycling materials. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. CD 2021-0024 (DEV02005)-Palomar Transfer Station Storm Water Treatment February 23, 2022 Pa e 3 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 the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $786.00 during fiscal year 2021-22. (Please note that the fee could change for fiscal year 2022-2023.) The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as, a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Christina Bustamante at (760) 602-4644. If you have any questions regarding this matter, please feel free to contact your project planner, Christina Bustamante at 760-602-4644. CITY OF CARLSBAD CJL~ DON NEU, AICP City Planner DN:CF c: David Rick, Project Engineer Laserfiche/File Copy Data Entry