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HomeMy WebLinkAbout2007-09-11; City Council; Resolution 2007-238i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN (SDP 06-17) ON 14.15 ACRES OF LAND SUBDIVIDED INTO 8 COMMERCIAL LOTS FOR THE DEVELOPMENT OF 122,800 SQUARE FEET OF COMMERCIAL RETAIL SPACE IN 12 BUILDINGS WHICH INCLUDE A 43,830 SQUARE FOOT MAJOR GROCERY STORE AND A 12,000 SQUARE FOOT SPECIALTY FOOD STORE ON PROPERTY GE£J,E£AL1YLOCATED SOUTH OF GATEWAY ROAQ<W£s~t OF El>WERTE STREET, NORTH OF BR&85I RANCH WAY, ANf\NORTH OF PARADISE RO4fb IN PLANNING AREA \ OF THE BRESSI RANCH WASTER PLAN AND |lN LOCAL FACILITIES MANAGEIvtNT ZONE 17. CASE NAME: BRESSI\ANCH VILLAGE CEflTER CASE NO.: S\P 06-V WHEREAS, pursuanXto the\Drovisioruf of the Municipal Code, the Planning iCommfcaiun' iW^on June 20^007, rara a duly noticed public hearing as i i ^s. xprescribed^by lawlto consider a Site Development Plan (SDP 06-17); and WH9REAS, the City C\incil of the City of Carlsbad, on the day of \ \2007, held a duly noticed public hearing to consider said Site jyelopment Tflan anoNqt that time/received recommendations, objections, protests, comments of all persons interested in or opposed to SDP 06-17. [, BE IT HEREBY RESOLVED by the City Council of the City of CarlsbaaN^ollows: 1. That all recitations are true and correct. 2. That the recommendation of the Planning Commission for the determination that the project is within the scope of the previously certified EIR for the Bressi Ranch Master Plan and the approval of the Site Development Permit SDP 06-17 is approved by the City Council and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6313 on file with the City Clerk and made a part hereof by reference are the findings and conditions of the City Council with the addition of Exhibits BRVC 1-8 and the following condition: That store deliveries and parking lot maintenance for the entire Bressi Ranch Village Center and all tenants shall be limited to the hours of 7:00 a.m. to 11:00 p.m. daily. 1 3. The action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits 2 for Judicial Review" shall apply: 3 "NOTICE TO APPLICANT" 4 The time within which judicial review of this decision must be 5 sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by 6 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than 7 the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his 11 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the 12 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 13 14 '" 15 '/' 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 23 24 "' 25 '" 26 27 /// 28 -2- 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the day of. 2007, by the following vote to wit: 4 5 AYES: 6 NOES: 7 ABSENT:8 9 10 11 CLAUDE A LEWIS, Mayor 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28