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HomeMy WebLinkAbout1978-09-05; City Council; Resolution 5519,c J 1 2 3 4 5 E 7 E 5 l( PI 1: 1: 1f I! 1( 1' 1; 1' 21 2 2 2 2 2 2 2 2 0 RESOLUTION NO. 5519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO REAL OF RESOLUTION NO. 5499 RE PLAZA CAMINO REAL EXPANSION PRECISE PLAN (PP 24-A) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. IN SATISFACTION OF CONDITIONS NO. 20 and 22 The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That that certain agreement between the City of Carlsbal :he Parking Authority and Plaza Camino Real, in satisfaction of zonditions No. 20 and 22 of Resolution NO. 5499 re Plaza Camino teal expansion Precise Plan (PP 24-A), a copy of which is attached lereto as Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on 2ehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Jity Council of the City of Carlsbad, California, held on the 5th day of September , 1978 by the following vote, to dit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Councilwoman Casler ABSENT: None ATTEST: (SEAL) This Agreement is made this 12th day of ~~t~a~~ '1 -- 1378 by and between the City of Carlsbads California [the "City") , the Parking Authority of the City of Carlsbad (the "Parking Authority") and Plaza Camino RealF a California limited partner- ship ("Developer") . RECITALS 1 WHEREASs the Agreement, dated November 5, 1975, hetweea City and Sevelcper, which provides for the exparsion of the Plaza Canino Real Regional Shopping Center, requires that a Precise Plan for that expansion be submitted to the City C3xxd.l I I. I j attack conditloas of approval to such Precise Plz~; and WHEFSAS, the City is invalved with others in litiyatiorr regarding whether or not such others are required to pay all sewer charges and fees as required by the CarlsSaacT Municipal Code; and WIER.EZiSr it is anticipated that such 3.itfyation will take considerable tine to resolve; and WHEPZASF although Developer and the property proposed for the shopping center expsrnsion are rcot directl37 immly&l iz th litigation, City has reason to believe that the same rights being asserted in the litigation, could also be asserted-by Developer; and ... . .__ WHEREAS, the Developer has indicated it may wish to raise such objections to'the payment of fees by virtue of the fact that it has paid fees in connection with the'issuance .of building permits for a portion of the Plaza Camino Real expansioh. under protest, exTressly reserving its rights to 'claim exemptions fron such fees. That protest is contained in a letter from Plaza Camino Real to the'City Engineer, dated June 26, 1978, which is attached hereto as Exhibit "A" and incorporated by reference herein; and \ WHEREAS, deferring of approval of the Precise Plan by City would substantially delay the proposed shopping center expansion which would have significant adverse .financial consequences on Developer; and W-EPBAS; the city Council has determined notwithstanding e" - the potential dispute over sewer fees to approve the Precise Plan, and did so at an adjourned regular meeting of August 3, 1978 by the adoption of Resolution No. is marked Exhibit "B" , attached hereto reference herein; and WHEREAS, the Precise Plan, as 0 5499, a copy of which and incorporated by approved by said resolution, is conditioned on the execution of certain agreements by the Developer in regard to the sewer fees. NOW, TIIEREFOXE, in consideration of the 2erformanc:c 'of _.-*_ - the mutual promises herein contained, the parties hereto agree as follows: 2, c 1, In consideration of the City of Carlsbad decision to approve the Precise Plan for the Plaza Camino Real expan- . sion and its determination to allow permits to issue for development of the shopping center within that plan at this time, without waiting to resolve the dispute over sewer fees, the Developer hereby agrees as follows: (a) The letter from Plaza Cm.ino Real to the City Engineer, dated June 26, 1978 (Exhibit "A"), is hereby withdrawn- The Developer agrees to pay or cause to be paid all (b) sewer charges and fees for all sewer pemits, building pennits or other permits issued, or to be issued, for development within the Precise Plan as approved by Resolution No. 549s (Exhibit "B") The Developer agrees that any r'ights which the property - (c) owners may be founc? to have against the City in regards to sever permits, or sewer fees or charges, ir, the case of Grove Apartments Investment Co, v, City of Carlsbad, et al,, Superior Court Case No. N 9052, are hereby waived for all the property within the boundaries of Precise Plan 24-A as approved by Resolution Eo. 5499 (Exhibit "B") 2, Developer and City agree that this Agreement shall not be placed: before the Court or used in any way in the above litigation, The Developer agrees to indemnify the City and the Parking 3. Authority and to hold the City of Carlsbad and the Parking Authority, members of the City Couacil of the City of Carlsbad 3. , '- > -. . 0 .. 0' and the Parking Authority, all their employees, officers , and agents, while acting as such, free 2nd harmless of and from any and all claims, loss,.damage, cost, expense' . or liability arising out of injury or death to persons or damage to property resulting directly or indirectly from the development of the property pursuant to Precise Plan 24-A as approved by Resolution No: 5499 (Exhibit "B") or * from the City's apprqval of such plan, indudin; the . - .. defense of any actiocs arising therefrom. . .. In the event suit is brought upon this hold harmless -agreement to enforce the terms thereof, the City and the Parking Authority shall be entitled to a reasonable sum as attorney's fees. IN WITNESS ImEREOF, the City, the Parking Authority:. and .the Developer have signed this agreement as of the day and year first AUTHORITY OF TI-IE CITY SBAD I CALIFORIJIA PLAZA CANINO REAL, a limited partners1 I l ing Centers, 1 I' , City Attorney .- Agreement dated I 1978 -. . . .. June 26, 1378 -. .. .. . City Engineer City of Carlsbad .. 12.00 Elm Avenue * Carlsbacf , California r Dear Tim: .. - Pursuant to your letter to Bob Doerner dated June 22, 1978, we are enclosing our check in the amount of $63,050.00 for the sewer charges xeferred to in YOLK letter as ."a condition of building permit issuance"- .* We'are making *. I. .- .. .. the pzyment at this time in order to avoid a delay of the '. ..a .' - . scbeduked shopping center .expansion, .. .. . '. . .. .- .. .. .- . ._ .. . .. .. . . .- .. *. As you are at;Jare, there is a law suit between Carlsbad and Grove Apartments Xnvestnient Company which ' raises the question of whether sewer charges may be assessed . cozzzrni,-,,- devdcpizent oE h~ad previously owned by Plaza-- Carcino Real's predecessors in interest, Our payment of We . charges referred to in your letter is being madewithout prejudice to the resolution of that question and is not ac -waiver or' any rights we may have in regard to this payment -* -- - - . -. . or of any exemption OIX property may enjoy; This payment is also without prejudice to any right we may have to question whether the payment, assuming it is payable by us, is due . before the issuance of a building permit rather.than at the time. of sewer connection- *. -- -. .. .. .. .. . .. .. .. .. -- ... - .* . . c .) .. . -. - - * .- .. .. :. -. Sincerely, .. . . .- . .. /.. . .. .. .. . ,.. . *PLAZA CAMINO REAL by ... 9333 MAY STORES SIIOPPING e CENTERS, XNC, . 0 -- .* . .. .. . 0' .. .. .. .I .. .. .. - *, * * . b 0 .Vice President - Legal -a - .. *. HLR: ns Enclosure *. .. . . .. 4 . ... 1. -- . c I- .. .. .. .. .. . - .. *- :.... ' . _. . - I. .. .. , .. .... . . 9 .. .- -;e s z 2 3 4 E t I I I ! 5 1 3 1 9 3 3-' 3.i I' 21 2 2 2 2 2 2 2 2 .- 0 EXIIL~LL B LO Ryrecmcnt ,1978 0 dated RESOLUTION NO- . '5499 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0. CARLSBAD, CAL'XFO&IA, APPROVING WITXI 'CONDITIONS ALTEWATE PIIECISE PLAN 24A(PP-24A) PLAZA CAMIEO EEAL SIIOPPING CENTER. FOR THE EXPANSION OF THE. APPLICANT : L/LAY STORES SHOPPING CENTERS, INC 1 WHEREAS, -the agreement betyeen the applicant and the Citl f Carlsbad-which provides for the expansion of-the Plaza kasaino :a1 Shopping Center, requires that the details of that expansion 3 submitted to the City Council for approval in the Eorn of a recisc Plan; and . WHEREAS, on Jqne. 29, 1977 the Carlsbad-City Planning Comnissic onsidered said pXan as outlined Ln Staff 'Report daged Jume 28, 197 . ... -. nd determinkd to recommend to the City Coiincil that.Precise L - Plan PP-24) be conditionally approved; and WfIEREnS, the City Council of the City of Carlsbad on Suly 19, 377 considered the recommendations of the Planning Comission; ant . 1977 approved with conditions Precise Plan (PP-24) for the the City Council of the City of Carlsbad on August . .. zxpansiczn of the Plaza Camino Real Shopping Center; and WHEmAS the Environmental Impact Report has been preparea Xmiiissqion an2 the City Council, and the final report has been certified as compleie in satisfaction of the requirements of: the - .-. . . _.. - . City of Carlsbad Environmental Protection Ordinance of 1992 and the California Environmental Quality Act; //I/ /f // .. . -- .. .. 19 20 I . .- 121,: ; 22; .' 23 . .._ 24 25 26 27 ' 28 .. ..* e -. WHEREAS, the applicant has asked for approval of an alternate _. ?recise plan PP-24A providing for an.expansion of the center of the addition of three major department stores and certain malL shops; and .. WHEREAS, the Planning Director has determined that: his ~ -. 3pplication has sakisfied the requixements of the Carlsbad Environmental Protection Ordinance of 1972 by prior compliance, NOW, THEREFORE, BE IT RESOLVED by the City Cowxi1 of the City of Carlsbad as follows: A, B. That the above recitations are true and correct,- That the findings made by the City Council in connection with Te~tatLve Sxbdivision Map (CT 76-18) as contained in City Council. ResolEtionNo. 5165, and in connection with Precise Plan (PP-24) as contained in City Council Re'solutlon No. 5166 also - apply .to The. alternative -Precise Plan (PP--24A) and constitute -- -* . _- the findings of the City Council in this matter, .. -- . .- V. _. -. -. ___ _I-. .. e, Tiwk the Environmental lieview 05 ti12 propose& axkernate :ecise Plan (PP-24A) has been completed pursuant to CEQA and the tvironmental Protection Ordinance of the City of Carlsbad, ,proved subject to all applicable requirements of the CarlsbadE micipai Code and to the satis€actiqr;i of the fallowing conditions: 1;-' The approval is granted for the property described I the application and as shown on the subni'kted plot plansp ibeled Exhibit A, dated August 2, 1978, on file in the PPannfng 2partment and incorporated by reference herein,. 2 Exhibit A, dated August 2, 1978. D- That the alternative Precise Plan (PP-24A) 2s hereby .. . . .. .. ~ 2, . '- 3, Construction of the shopping center shall be as sbown The paEking lot shall be maintaihed as outlined in he Parkinr; Lot Operating Acjxcement- Special. attention shall be iven to keeping the-lot clear of excessive oil and fuel spills- hat could wash off .and impact the 'water qualgty of Buend Vista agoon. he design of the existing center, . - 4, Design of the new buildings shall be compatible with /// /// -2- ,-I . .* . -. 3. . .: . -...... - 3 4 5 6 '7 8 9 10 1s. 22 3-3 14 3s 16 .Jr 38 19 20 22 23 24 25 .. .. 26 27 28 -. . &ding permits for' any 5, Prior to the issuance of 0 new department stores clevations to the City Courxil for re~k~i and approval, ' the devdOpeK shall subinit building 6, The energy conserving measures- proposed on Exhibit I3 to Resolution No. 5165, dated JULZ 17, 1977, shall be atilizee in the'new construction- 7. The developer shall cooperate with the North County Transit District to provide efficient transit service as an -. alternate to automobile travel, All parking lot lighting shall be vapor metal ana compatible with-existing parking lot= lighting- The applicant shall participate with the City in the reconstruction of the phase 1 parking (existing lot), the improvements of Marron Road and bus transfer relocatiorr that are in accordance with the agreement dated November 5, 3.9?5, -8. c - 9- - 10. Prior to final grading and paving sf the parking 3.Otr the applicant shall submit a parking lot pfar; and a land- scape and irrigation plan to the Planning Director for'his revig2'1.7 and approval- The Parking Plan shall provide adequate spaces for the handicapped, to the parking lot plan and the landscape and irrigation - plan, . water conservation measures through choice of plant Haterials and choice of irrigation equipment and design, The construction-of the parking lot shall confom - 1%- T~E! lan?sca~e and 5 xri.&t..ion shall 5-ncorporzte 12, The identificatfon signs as shown on Exhibit A, Hot~ever~ all dsted August 2, 1378, are approved in concept, external signs shall obtain sign permits prior to installation, The slzec design and location 02 all. other external signs sha13. bz subject to approval by the Planning Director. 13. Those slopes located off-site, adjacent to the south side of Maxron 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 Direct0 Maintenance of the benches along those slopes shall 5e accoxnplishe per this condition. -3.4. Ali-facilities,' such as storm drains snd desiltatjon basins,. necessary to minimize short-term and long-term adverse 3-mpacts on the water quality of Buena Vista Lagoon from project run-off shall be installed by the applicant, The size, locationp and design shall be as approved by the City Engineer, cO.ndition implies the possibility of off-site facilitics'needed kC mitigate previous and future actions by the developer. adequatcly scrcencd or integrated into thc design of the building: . . .. . - e -. z -- - .- c .. . -.... .. -.- -. .-. This 15, A11 roof-top and mechanical equipment shall be as requixcd by the Planning Director- 0- .. .br -3-. \ .c. , I L, * 3. 2 3 41 . . . 5 .. 16.. el exterior trash areas shall be screened as required by the 17, A11 other driveway acccsscs are approved as showrk on Existing parking lot, access points, and Marxon Eoad shall be reconstructed and/or modified in accokdance with the Precise Plan PP-24Ar Exhibit A, August 2, 1978, which includes the following conditions : .Exhibit A, August 2, 1378, 3.8- 61 7 . .. *. ~ .. .. .. -. z .. ._ . __; .. a, Adequate pedestrian crossings between the theatres and adjacent commercial development on the south side oc MZKO~ Road snd the main parking lot of Plaza CsmLno Real shall be- s on 8 10 furnished with the required parking. lot plans, - August 2, 1978, is approved subject to the relocation of the bus lcading and transfer facilities to the north side of the develop- ment (approximate location W-3,000; N-11,4501) - 9. b.. Driveway access at location W-3, 706 on Edbit Wc .- c ....... .+. C. . .. ,.. '. 1 .* 3- 2 . b. The Developer shill enter into a bonded agreement to construct a fully actuated twaffi.c signalized intersection at Marron Road and future Monroe Street intersection. The agreement shall provide for construction of the signal at such time that the Monroe Street extension is to connect to Marron Road.. .- The Developer shall agree to indemkfy the City and - the Parking Authority and shall, hold the City of Carlsbad and the Parking-Authority, merrbers of the City Council and the Farkjbng Authority, dl their employees, officers and agents, whil6 acting s such, free and harmless of and from any and all clabs, loss, amage, cost, expense or liability arising out of injury 02: death o persons or darnage to property resulting directly or indLrectXy rom the development of the property pursuant to this Precise Pfail ir the City approval of such plan, including the defense of any - 22, . .- e fully activated signalized intersec ticn with pgradcd interconnecting to an €+phase El Camino Real and Narron Road shk.1 b capabilities to the signal to be constructed at the Marron/theatrc complex, and to all the signals along EX Camino Real from State - ._ .ctions arising therefrom. In the event suit is brought upon this-agreement to - Inforce the terms thereof, the City and the,.Parking Authority shal ... .. ... .. .. ... ..... _. .i :. .:.-:. :- :i .:- ...- .a, -;. : ; -; :hanhel within the boundaries of the Precise'..Plan. -- )e entitled to a. reasonable sUm as attorney's ... f.ces. ... ....... .... ........ .*' _. - -. .- ... . , .. ' .___ ___._ ~ _..__. - _. ..... . ..- --: 33'; .. evel lope&' 'shall maintain the*..?35uena Vista .... Creek. -.- .. . z.. .- - . .""a,. €3- Applicant shall have the'option to develop the s3oppTny :enter either in accordance with Precfse Plan PY-24 as approved 3y Resolution No. 5166, or in accordance with the alternate -- Precise Plan PP-24A, as approved by this resolution- .. city council of the'city of Carlsbad, CaXiforn.ia, held on the . 3rd day Of A~gvqf . ,, 1978 by the Zoi-lowing voke, to wit:. Councilmen Packard,' Skdtn-r'eki, Lew-is and 8r;car . ' .. AYES : NOES: . None ... . .. ....... ~ .. ..- .. -.' *.. ....... *.- i -. . ., . ..