HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62031 PLANNING COMMISSION RESOLUTION NO. 6203
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 06-20 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.: CDP 06-20
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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
. , 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
1 O WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "G" dated December 6, 2006, on file in the
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Planning Department, RALPHS EXPANSION - CDP 06-20, as provided by Chapter
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22 21.201.040 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
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES RALPHS EXPANSION CDP 06-20, based on the following
6 findings and subject to the following conditions:
7 Findings:
° 1. That the proposed development is in conformance with the Certified Local Coastal
Q Program and all applicable policies in that no prime agricultural lands exist on or near
the site; no environmentally sensitive habitats exist on or near the developed site; no
10 coastal access is or will be needed through or adjacent to the project site; any
erosion will be controlled by grading in conformance with applicable City
11 standards; and no significant public viewsheds exist on the site.
1 o 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
, o of the Coastal Act in that the site is not located along the shoreline and thus cannot
provide any public access to the shoreline nor provide any coastal recreational
14 opportunities.
15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
16 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
17 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
18 erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
19 floods, or liquefaction.
2" 4. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map
2j X of the Land Use Plan certified September 1980, and, therefore, is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning
22 Ordinance).
23 5. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
24 Zone (Chapter 21.204 of the Zoning Ordinance).
25 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 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
27 degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
3 grading or building 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
implemented and maintained according to their terms, the City shall have the right to
6 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
7 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
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Coastal Development Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
12 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
16 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
17 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
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 Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
27 6. This approval is granted subject to the approval of SDP 82-03(F) and is subject to all
conditions contained in Planning Commission Resolution No. 6202 for those other
approvals incorporated herein by reference.
PC RESO NO. 6203 -3-
7. The applicant shall apply for and be issued building permits for this project within two
2 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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8. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
NOTICE
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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."
9 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
11 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
12 annul their imposition.
13 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
15 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
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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:Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
NOES:
ABSENT: Commissioner Cardosa
MARTELL B. MONTCOMERYlphairperson
CARLSBAD PLANNING COMMISSION
iST
DON NEU
Assistant Planning Director
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