HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62021 PLANNING COMMISSION RESOLUTION NO. 6202
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT TO ALLOW THE
4 DEMOLITION OF 5,825 SQUARE FEET AND
5 CONSTRUCTION OF A 9,620-SQUARE-FOOT ADDITION TO
THE EXISTING RALPHS GROCERY STORE WITHIN THE
6 POINSETTIA VILLAGE SHOPPING CENTER LOCATED ON
THE EAST SIDE OF AVENIDA ENCINAS BETWEEN
7 POINSETTIA LANE AND LOGANBERRY DRIVE IN THE
MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM
8 AND IN LOCAL FACILITIES MANAGEMENT ZONE 9.
9 CASE NAME: RALPHS EXPANSION
CASE NO.: SDP 82-03(D
10
WHEREAS, Ralphs Grocery Company, "Developer," has filed a verified
12 application with the City of Carlsbad regarding property owned by Donahue Schriber Realty
13 Group, L.P., "Owner," described as
14 Parcels 5 and 6 of Parcel Map No. 15187, in the City of
1 - Carlsbad, County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County, March 28,
16 1988, as file number 88-267194
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Site Development
19 Plan Amendment as shown on Exhibits "A" - "G" dated December 6, 2006, on file in the
20
Planning Department, RALPHS EXPANSION - SDP 82-03(F), as provided by Chapter
21
22 21.06/Section 21.31.050 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 6th day of December, 2006,
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
05 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27
relating to the Site Development Plan Amendment; and28
WHEREAS, on December 8, 1982, the Planning Commission approved
2
SDP 82-03, as described and conditioned in Planning Commission Resolution No. 2036; and
3
WHEREAS, on March 26, 1986, the Planning Commission approved4
SDP 82-03(A), as described and conditioned in Planning Commission Resolution No. 2542; and
6 WHEREAS, on March 15, 2000, the Planning Commission approved
' SDP 82-03(B), as described and conditioned in Planning Commission Resolution No. 4738; and
WHEREAS, on March 8, 2005, the Planning Commission approved
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SDP 82-03(D), as described and conditioned in Planning Commission Resolution No. 5834; and
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WHEREAS, on June 1, 2005, the Planning Commission approved
12 SDP 82-03(E), as described and conditioned in Planning Commission Resolution No. 5906.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
16
B) That based on the evidence presented at the public hearing, the Planning
17 Commission APPROVES RALPHS EXPANSION - SDP 82-03(F), based on
, 0 the following findings and subject to the following conditions:lo
19 Findings:
20 1. That the requested use is properly related to the site, surroundings, and environmental
settings; is consistent with the various elements and objectives of the General Plan; will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located; and will not adversely impact the site, surroundings, or
traffic circulation, in that the proposed 9,620-square-foot net increase in floor area of
23 the grocery store is consistent with the Local Shopping Center Land Use
designation; the proposed 912 parking spaces exceed the 911 required parking
24 spaces; the site circulation does not change; and the proposed architecture is
consistent with the existing buildings within the Poinsettia Village Shopping Center.
~s 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed 9,620-square-foot net increase in floor area of the grocery store fits
27 within the project site without need for variances to any standards.
28 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
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provided and maintained, in that additional landscaping will be provided around the
2 building and the parking area. The proposed structure is adequately set back from
the public right-of-way to accommodate landscaping and is consistent with the
3 required setbacks.
4 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project would generate approximately
334 average daily trips which was anticipated with the original shopping center Site
5 Development Plan approval.
7 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8
6. That the Planning Director has determined that the project belongs to a class of projects
" that the State Secretary for Resources has found do not have a significant impact on the
JQ environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(c) (New Construction
1 1 or Conversion of Small Structures) of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
12 15300.2 of the state CEQA Guidelines do not apply to this project.
1 3 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
J4 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
1 5 degree of the exaction is in rough proportionality to the impact caused by the project.
16 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
1 o grading or building permit, whichever occurs first.
19 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
20 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
22 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
23 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 Site Development Plan
Amendment.
25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
26 and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
2 ' Development shall occur substantially as shown on the approved Exhibits. Any proposed
« development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
^ challenged, this approval shall be suspended as provided in Government Code Section
5 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
6 all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
9 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan
10 Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
12 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
1 <. 6. This approval is granted subject to the approval of CDP 06-20 and is subject to all
conditions contained in Planning Commission Resolutions No. 6203 for the other
16 approval incorporated herein by reference.
17 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
18 body.
19
8. The project is subject to all applicable conditions of approval contained in Planning
20 Commission Resolution No. 2542 for SDP 82-03(A), incorporated herein by
reference.21
22 9. This Site Development Plan (SDP 82-03(F)) is subject to all conditions of approval
for CT 81-06(B), as contained in Planning Commission Resolution No. 2541
23 incorporated herein by reference.
24 10. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
26
11. This project shall comply with all conditions and mitigation measures which are required
27 as part of the Zone 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.28
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12. Building permits will not be issued for this project unless the local agency providing
2 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
3 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
4
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
g
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
9 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
10
15. Approval is granted for SDP 82-03(F) as shown on Exhibits "A"-"G", dated
December 6, 2006, on file in the Planning Department and incorporated herein by
12 reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
13
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
16
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
17 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
19 Engineering:
20
18. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall Merge Lots 5 and 6 as shown on the site plan for this project.
22 19. Prior to the issuance of grading permit or building permit, whichever occurs first,
23 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
24 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
27 a. Include all content as established by the California Regional Water Quality Control
Board requirements.
28 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board.
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c. Recommend source control and treatment control Best Management Practices (BMPs)
2 that will be implemented with this project to avoid contact or filter said pollutants
from storm water to the maximum extent practicable before discharging to City right-
3 of-way or natural drainage course.
d. Establish specific procedures for handling spills and routine cleanup. Special
4 considerations and effort shall be applied to employee education on the proper
t- procedures for handling cleanup and disposal of pollutants.
6 20. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
7 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
9 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
10 project. At a minimum, the SWMP shall:
* 1 a. Identify existing and post-development on-site pollutants-of-concern.
j2 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
13 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 maximum
14 extent practicable before discharging to City right-of-way.
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
16 procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
17 f. Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
* ° practicable.
19 Code Reminders
20
21. Developer shall pay a landscape plancheck and inspection fee as required by Section
21 20.08.050 of the Carlsbad Municipal Code.
77 22. Approval of this request shall not excuse compliance with all applicable sections of the
23 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
24
23. The project shall comply with the latest nonresidential disabled access requirements
25 pursuant to Title 24 of the State Building Code.
^f\
24. Any signs proposed for this development shall at a minimum be designed in conformance
27 with the approved sign program for the Poinsettia Village Shopping Center and/or
the City's Sign Ordinance and shall require review and approval of the Planning Director
28 prior to installation of such signs.
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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 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of December 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
ABSENT: Commissioner Cardosa
ABSTAIN:
MARTELL B. MONHtrOMER^Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
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