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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 9 SDP 82-03(D), as described and conditioned in Planning Commission Resolution No. 5834; and 10 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 PC RESO NO. 6202 -2- 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. PC RESO NO. 6202 -3- 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 PC RESO NO. 6202 -4- 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. PC RESO NO. 6202 -5- 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. PC RESO NO. 6202 -6- 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 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 PC RESO NO. 6202 -7-