HomeMy WebLinkAbout2007-09-25; City Council; Resolution 2007-2541 RESOLUTION NO. 2007-254
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE
3 DEVELOPMENT PLAN (SDP 06-17), ON 14.15 ACRES
4 WITH CONDITIONS.
CASE NAME: BRESSI RANCH VILLAGE CENTER
5 CASE NO. SDP 06-17
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission held a duly noticed hearing on June 20, 2007 as prescribed by law to8
9 consider a Site Development Plan (SDP 06-17); and
10 WHEREAS, the City Council of the City of Carlsbad held a duly notice public
11 hearing on September 11, 2007 to consider the report and recommendation from the
12 Planning Department and Planning Commission; and
13 WHEREAS, the City Council of the City of Carlsbad at that hearing received
substantial public input both in favor and opposed to the proposed Site Development
Plan and considered and received those recommendations, objections, protests and
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comments of all persons interested in the Site Development Plan; and
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WHEREAS, the City Council deliberated following the public hearing and
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imposed additional conditions to improve the proposed Site Development Plan.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
21 Carlsbad, California, as follows:
22 1. That the above recitations are true and correct.
23 2. That the recommendation of the Planning Commission for the
24 determination that the project is with in the scope of a previously certified EIR for the
Bressi Ranch Master Plan and the approval of the Site Development Plan and the
25 recommendation of approval of the Site Development Plan is adopted by the City
Council and findings and conditions of the Planning Commission as set forth in Planning
26 Commission Resolution No. 6313 on file with City Clerk and made a part of this
approval by reference are the findings and conditions of the City Council with the
27 additions of Exhibits BRVC 1-8 and the following conditions:
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1 a. 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
2 a.m. to 11:00 p.m. daily. The following specific conditions are added to
the deliveries and loading at the Major C building as shown on the Site
3 Development Plan.
4 b. Deliveries shall be made either with a delivery truck parked in the "go-
back" at-grade loading area along the west side of the Major C building
5 or with the delivery truck parked in the drive aisle in front of the north
side of the building.
6 c. The developer shall insure that delivery truck engines and refrigeration
units are turned off and not idling when parked in the loading area. This
condition does not apply to refrigerated deliveries on the north side of
8 the Major C building. The developer shall include these provisions in
any lease with any tenants of the Major C building.
9 d. There shall be constructed along the west edge of the dock area a
sound attenuation wall which shall be continuous, constructed of
10 concrete block and aesthetically pleasing to the satisfaction of the
Planning Director.
e. Deliveries and delivery drivers shall be instructed and required to leave
12 the loading/unloading area immediately upon starting their truck engines.
f. All trucks shall be required to have properly maintained and factory-
13 approved mufflers.
g. Delivery truck drivers shall be instructed to minimize acceleration and
14 maintain reduced vehicle speeds while on site.
15 h. Forklift and pallet jack operators shall be instructed to minimize speed to
reduce noise and to perform required operations as quietly as possible.
16 i. Exterior public address systems shall not be allowed nor shall they be
used as part of the delivery operation.
17 j. The developer shall implement and require the tenant and all of tenants
18 employees, independent contractors and otherwise to minimize talking,
shouting or the use of radios which can be heard beyond the boundaries
19 of the loading area.
k. The pavement in the at-grade loading area ("go-back" area) and
20 between this area the location where trucks stop or stand shall be
smooth and shall not have any speed bumps.
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3. The developer shall be required to amend its proposed CC&R's
and to enter into an agreement with the Bressi Ranch HOA for payment of its
23 fair-share of the of the maintenance costs of the Village Square/Town Green to
the satisfaction of the Planning Director.
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4. Store fronts shall have their primary entrance on streets where
25 feasible subject to the approval of the Planning Director.
26 5. The conditions of approval that are continuing in nature shall be
reviewed by the Planning Director annually to determine that they have been
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1 met and that the use does not have a substantial negative affect on the
surrounding properties or public health, safety and general welfare. If the
2 Planning Director determines that the Site Development Plan as conditioned is
being used, exercised or implemented contrary to any of the terms or
conditions of approval or that the conditions of approval have not been met,
4 then the Planning Director shall recommend that the Planning Commission hold
a public hearing, and after providing the developer or subsequent owner or
5 entity in control the opportunity to be heard, the Planning Commission may
revoke or terminate the Site Development Plan, modify the conditions or
6 impose new conditions, as appropriate, to address such conditions.
7 6. Except as modified herein, all remaining conditions set forth in
Planning Commission Resolution No. 6313 are unchanged and remain in full
8 force and effect.
9 7. The action is final on the date this Resolution is adopted by the
10 City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code,
"Time Limits for Judicial Review" shall apply:
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12 'NOTICE TO APPLICANT"
13 The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section 1094.6,
which has been made applicable in the City of Carlsbad by
15 Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate
16 court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the
17 decision becomes final a request for the record of the
proceedings accompanied by the required deposit in an amount
18 sufficient to cover the estimated cost of 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
20 which the record is either personally delivered or mailed to the
party, or his attorney of record, if he has one. A written request for
21 the preparation of the record of the proceedings shall be filed with
the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
22 Carlsbad, California 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 25th day of September, 2007, by the following vote to wit:
AYES: Council Members Lewis, Hall and Packard and Nygaard.
NOES: None.
ABSENT: None.
, Mayor
ATTEST:
LORRAI
'(SEAL)