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Home My WebLink About2007-09-25; City Council; 19180; Bressi Ranch Village Center planCITY OF CARLSBAD - AGENDA BILL 8 AB# MTG. DEPT. 19,180 09/25/07 CA APPROVING THE BRESSI RANCH VILLAGE CENTER SITE DEVELOPMENT PLAN (SDP 06-17) ON 14.15 ACRES WITH CONDITIONS DEPT. HEAD CITY ATTY. (^>^ CITY MGR. \jj — • RECOMMENDED ACTION: Adopt Resolution No. 2007-254 approving a Site Development Plan (SDP 06-17) following the public hearing of September 11, 2007. ITEM EXPLANATION: At your meeting of Tuesday, September 11, 2007, the City Council held an extensive public hearing and deliberations leading to the conditional approval of the Site Development Plan for the Bressi Ranch Village Center. . The Council directed the City Attorney to return with documents memorializing that approval. The approving Resolution adds conditions as follows: • Conditions further mitigating noise impacts generated by the development. • Requiring the commercial center to pay its "fair-share" of the maintenance costs of the Village Square/Town Green. • Requiring the store fronts to have their primary entrance on streets where feasible. The City Council should satisfy itself that this Resolution accurately reflects your intentions in the approval of the Site Development Plan. FISCAL IMPACT: All public infrastructures required for this project will be funded and/or constructed by the developer. The developer will be required to pay its fair-share of the maintenance costs of the Village Square/Town Green Park. The development will add to the City's tax base in a significant but undetermined amount which will depend, in part, on the timing of the implementation of the plan. DEPARTMENT CONTACT: Ron Ball 760-434-2801 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED / D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the "Bressi Ranch Master Plan" including the analysis of traffic circulation, water quality and compliance with SB 221 and SB 610 regarding water availability, biological resources, and land use and associated actions inclusive of the proposed planning area project reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed planning area projects have been completed and incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 is available at the Planning Department. EXHIBITS: 1. City Council Resolution No. 2007-254 1 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 6 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 7 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 IQ 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 14 substantial public input both in favor and opposed to the proposed Site Development Plan and considered and received those recommendations, objections, protests and 16 comments of all persons interested in the Site Development Plan; and 17 WHEREAS, the City Council deliberated following the public hearing and 18 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: 28 1 a. That store deliveries and parking lot maintenance for the entire Bressi Ranch Village Center and alltenants 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 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. 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 maintain reduced vehicle speeds while on site. 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. The developer shall implement and require the tenant and all of tenants 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. 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. 21 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. 24 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 28 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, . 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: 11 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. 23 24 " 25 " 26 // 27 28 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 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. IS, Mayor ATTEST: