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HomeMy WebLinkAbout1977-08-02; City Council; Resolution 5165RESOLUTION NO. 5165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 76-18) FOR THE EXPANSION OF THE PLAZA CANIN0 REAL REGIONAL SHOPPING CENTER TO INCLUDE THE REALIGNMENT OF BUENA VISTA CREEK AND THE ADDITION OF TWO MAJOR DEPARTMENT STORES AND ADDITIONAL MALL SHOPS. APPLICANT: MAY STORES SHOPPING CENTER. INC. WHYREAS, on June 29, 1977, the Carlsbad City Planning 3ommission adopted Resolution No. 1385 recommending to the City Souncil that Tentative Map (CT 76-18) be conditionally approved, 2nd WHEREAS, the City Council of the City of Carlsbad on July 19, 1977, considered the recommendations of the Planning Commission; and WHEREAS, an Environmental Impact Report has been prepared md discussed at duly noticed public hearings before the Planning Somission and the City Council, and the final report has been Zertified as complete in satisfaction of the requirements of the Jity of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOF7, THEREFORE, BE IT RESOLVED by the City Council of the 3ity of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1385 constitute the findings of the City Council md, in addition, the City Council also makes the following findings : 1, The Environmental Impact Report (EIR-295) previously zertified in conjunction with the City Council's consideration of the four store expansion of the Plaza Camino Real Center and the L t r 1( 13 19 20 21 22 23 24 25 26 27 28 Environmental Impact Report (EIR-389) prepared in conjunction with the proposed fifth store and channel realignment, have been con- sidered by the City Council in connection with this project. The processing of this project is in full compliance with the Californi Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1972; 2. All adverse environmental effects in connection with this approval have been mitigated by the imposition of conditions with the exception of the traffic impacts at El Camino Real and State Highway 78. These impacts are potential and significant until certain planned improvements are carried out by the State of California. of the Department of Transportation and the responsibility for alleviating any traffic conditions lie with that body and are beyond the control of the City of Carlsbad. In addition, significa temporary relief may be forthcoming due to efforts between the City of Carlsbad, the Department of Transportation and the City of Oceanside to accomplish construction of certain improvements at the Intersectiorsof El Camino Real with HayIn.ar Drive and Vista Way, The necessary improvements are within the jurisdiction 3. Some evidence indicates the development may have some adverse impacts on air quality. The City Council is satisfied that based on the position taken by the Air Pollution Control District that the expansion of the center is preferable to the proliferation of separate shopping areas and that in fact the expansion of the center will result in better overall air quality by a reduction of automobile trips, In addition, improvements constructed in con- nection with the center such as the bus terminals will improve the potential of public transportion and further reduce automobile 2. 1; 0 19 20 21 22 23 24 25 26 27 28 traffic and the attendant air pollution. 4. The realignment of the channel will disrupt certain habitat; however, the disruption will be temporary and the realigned channel will in fact provide a greater amount of habitat after the project is completed than presently exists. 5. To the extent that any of the environmental impacts resulting from this project are deemed to be insufficientlymitigatec by the conditions of approval, the City Council finds that there are overriding economic and social considerations which justify overriding any such impacts and the approval of this project. primary considerations are the amount of additional tax revenue the City will receive as a result of this project and the approximately three hundred additional jobs which will be provided to the people this region. The C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Map (CT 76-18) is hereby approved subjec, to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted, labeled Exhibit A, B, and C, dated June 17, 1977, on file in the Planning Department and incorporated by reference herein. 2. Those slopes located off-site, adjacent to the south side of Marron Road and the tentative map boundary, shall be landscaped and maintained for slope erosion control by the applicant per the requirements of the Parks and Recreation Director. Maintenance of the benches along those slopes shall be accomplished per this condition. 3. n 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20! 22 23 24 25 26 27 28 9. 3. 4. 5. 6. 7. 8. 9. Necessary energy dissipating measures such as rip-ra or equivalent, shall be provided along the existing and proposed alignment of the flood control channel as required by the City Engineer. During grading and construction, all waste chemicals, especially lubricants, paints and fuels, shall be properly contained and transported off the site where they can be recycled or destroyed. Construction and grading equipment shall only be serviced and washed at locations adequately equipped to dispose of wastes. All facilities, such as storm drains and desiltation basins, necessary to minimize short-term and long-ter adverse impacts on the water quality of Buena Vista Lagoon from project run-off shall be installed by the applicant. The size, location, and design shall be as approved by the City Engineer. The City Engineer shall consult with the State of California, Department of Fish and Game, prior to giving said approvals. If the Department of Fish and Game makes an objections to the proposed improvements, the City Engineer shall report to the Counci1,who shall have the final decision in the matter. This condition implies the possibility of off-site facilities needed to mitigate previous and future actions by the developer. Maintenance of such off-site facilities would be by the City. All grading and exterior construction activities shal be limited to the hours of 7;OO a.m. to 7:OO p.m. on Monday through Saturday. The existing water main at the west end of the expansion area shall be extended southerly along the Monroe Street right-of-way to connect with the existing line near Elm Avenue, as required by the City Engineer. The applicant shall be reimbursed for costs of oversizing this water main by City, all in accordance with the City Manager's letter to Mr, Banche, dated April 2G1 1976. The City reserves the right to require reimbursement from properties other than those included within CT 76-18 who are determined to benefit from the line. In order to meet minimum combined domestic and fire flow requirements, a looped water system providing a minimum of 5000 GPM shall be installed. All new buildings and/or structures shall he so designed so as not to increase the fire flow requirements of 4500 GPI'I, 10. Prior to final grading and paving of the parking lot 4. the applicant shall submit a parking lot plan to the Planning Director for review and approval. 11. An additional fire hydrant shall be installed at the northwest corner of the site near the maintenance building. 12. An additional fifteen foot wide sewer easement shall be dedicated to the City adjacent to the existing sewer easement. 13. The applicant shall relinquish access rights to Hayma Drive, El Camino Real and Marron Road excepting driveway access, as approved on the Precise Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the 'arlsbad City Council held on the2nd day of Auqust , 1977 ~y the following vote, to wit: AYES : NOES : Counci lman Skotni cki ABSENT : Councilman Fraze Councilmen Lewis, Packard and Councilwoman Casler ROBERT C. FRAZEE, Mayor .TTEST : E. ADAMST FHL city Clerk SEAL) 5.