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HomeMy WebLinkAbout1977-08-02; City Council; 3481-9; May Stores Shopping Centers, Inc.r*' CITY OF CARLSBAD AGENDA BILL NO. 3481-Supplement-9 - DATE : August 2, 1977 DEPARTMENT : City Attorney Initial: Dept . Hd. C. Atty.m C. Mgr. K d Subject: CASE NO. : SIR-38 9/CT 76-1 8/PP-2 4/SP-41 (A) APPLICA3JT: ?4AY STORES SHOPPING CENTERS , INC. Statement of the Matter The City Council at your meeting of July 19, 1977 directed the City Attorney to prepare documents amending Specific Plan (SP-41) and -approving 'Tentative Subdivision Map (CT 76-18) and Precise Plan (PP-24). Exhibits Ordinance No. 949-7 amending Specific Plan (SP-41) Resoiution No. 5/65 approving Tentative Subdivision Yap (CT 76-18). Resolution No. &A L approving Precise Plan (PP-24). Recommendat ion If the Council desires to apprQve anendment to Specific Plan (SP-411, vour action is to introduce Ordinance No. y#e? . desires to approve Tentative ."lap (CT 76-18), your action is to adopt Resolution No.$/b5 . Precise Plan (PP-24) , your action is to adopt Resolution :~0.5/&6 . If the Council If the Council desires to approve Council action 8-2-77 8-16-77 Ordinance #9487 was introduced for a first reading, amending Ordinance #9334 and Specific Plan SP-41 by the deletion of certain property included within tentative map CT 76-18. Resolution #5165 was adopted, approving with conditions tentative map for Carlsbad Tract 76-18. Resolution #5166 was adopted, approving with conditions Precise Plan PP-24. Ordinance #9Q87 was given a second readinn and adopted. ORDIMAlJCE MO . 9 4 8 7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADIENDIIJG ORDINAllJCE NO. 9334 AND SPECIFIC PLAN (SP-41) BY THE DELETIOPT OF CERTAIN PROPEIITY INCLTJDED WITHIM TENTATIVE MAP (CT 76-18) AND PRECISE PLAN (PP-24)GENERUY LOCATED ON THE NORTH SIDE OF MARRON ROAD BETT7EEN EL CAM180 REAL AND JEFFERSON STREZT. APPLICqNT : M!-Y STORES SHOPPING CENTERS , INC. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Ordinance No. 9334 and Specific Plan (SP-41) adopted thereby, is hereby anended by the deletion of certain properties therefrom as shown on map marked SP-LZl(A), Exhibit A, attached hereto and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journa1.withi.n fifteen days after its adoptior INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the -- 2nd day of A,uqust , 1977, and thereafter PASSED AYD ADOPTED at a regular meeting of said Council held on the 16th day of Auqust , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Skotnicki and Councilwoman Casler NOES : None ABSENT : Councilman Packard ROBERT C. FRAXEE, May E. ADAMS, riky Clerk (SEAL ) . .* ... QW3L.. .......... ......... :.:...I ................ -...e..* ,,I,, p; 'CnF;LS'L ........*..... " .......... =A .*.*..........*......... ........... r......,.................... ............ .......... .. . SP-41 TO BE DELETED. NOTE: DELETED PCRT!C.N 1-0 %E SUPEZEDED BY PP-24 t . - .- 0- 0 .. .. .. . .. .* -. t ... .. I so CASE NO. Sp-LFI(A) . P.C. RES. NO. I384 * * \ *8 .. .- 4, C.C. RES NO EXHIBIT . A. u*' * a. ... .. - 7/3/77 DATE b C.C. ORD. NO ( IF APPLICABLE . 9. 'D '* . *. a a RF,SOLUTIOM NO. 5 1 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARI,SI3AD, CALIFORNIA , APPROVING WITH CONDITIONS TENTATIVE MAP (CT 76-18) REGIONAL SHOPPIPIG CETTTER TO 1IJCLUL)E THE REALIGYMENT OF BUENA VISTA CREEK AND THE ADDITION OF TYO MAJOR DEPARTMEVT STORES AND ADDITIONAL PIALL SHOPS. APPLICANT : MAY STORES SHOPPING CENTER INC. FOR THE EXPANSION OF mrE PLAZA CAMINO FSAL --- WHYREAS, on June 29, 1977, 'the Carlsbad City Planning :ommission adopted Resolution No, 1385 recommending to the City :ouncil that Tentative Map (CT 76-18) be conditionally approved, 2nd WHEREAS, the City Council o€ the City of Carlsbad on July 13, 1977, considered the recommendations of the Planning Commission; an( WHEREAS, an Environmental Impact Report has been prepared md discussed at duly noticed public hearings before the Planning :omission and! the City Council, and the final report has been xrtified as complete in satisfaction of the requirements of the :ity of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOF7, THEREFORE, BE IT RESOLVED by the City Council of the , Jity of Carlsbad as fol1o.w~ : A. That the above recitations are true and correct, B. That the findings of the Planning Commission in iesolution No. 1385 constitute the findings of the Ci.ty Council and, in addition, the Ci.ty Courrcil 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 Carnino Real Center and the 7 a 9 10 11 12 9 t V 18 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 compliallce 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 Cal.ifornia. The necessary improvements are within the jurisdiction 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 improvement9 at the Intersectiorsof El Camino Real with Haymar Drive and Vista Way. 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 prqferable 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 j-mprove the potential of public transportion and further reduce automobi.1.e 2. 1 2 3 4 5 6 7 6 9 10 I1 12 9 t V 18 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 t.hat there are overriding economic and social considerations which justify overriding ar,y such impacts and the approval of this project. The 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. C. That said Tentative Subdivisi.cn 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 subject 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 Exhihit 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 Plarron Road and the tentative map boundary, shall be lanfiscaped and maintained for slope erosion control by the applicant per the requirements of the Parks and Eecreation Director, Maintenance of the benches along those slopes shall be accomplished per this condition. 3. 1 2 2 4 E E 7 E 9 1C 11 12 0 a t 18 19 20 21 22 23 24 25 26 27 28 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, a11 waste chenicals, 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 trashed 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 decisioii 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 7200 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 Flonroe 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 26, 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 providj-ng a minimum of SO00 GPN shall be installed. A11 new buildings and/or structures shall he so designed so as not to increase the fire flow requiremenks of 4500 GI”, 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 r.eview 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 exi.sting 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 Auqus-t , 1977 >y the following vote, to wit: AYES : Councilmen Lewis, Packard and Councilwonan NOES: Councilman Skotnicki ABSENT : Councilman Fraz Casler iTTEST : [SEAL) 5. . RESOLUTION NO. 5166 - A RESOLUTION OF THE CITY COUNCIL OF TI13 CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIGNS PRECISE PLA?J (PP-24) FOR THE EXPANSION OF THE PLAZA CAMINO REAL SHOPPING CENTER, IMC. SHOPPING CENTER. APPLICANT !.IAY STORES WHEREAS, the agreement between the applicant and the City of Carlsbad which provides for the expansion of the Plaza Camino Real Shopping Center, requires that the details of that expansion be submitted to the City Council for approval in the form of a Precise Plan; and WHEREAS, on June 29, 1977 the Carlsbad City Planning Commission considered said plan as outlined in Staff Report dated June 29, 1977 and determined to recommend to the City Council that Precise Plan (PP-24) be conditionally approved: and WHEREAS, the City Council of the City of Carlsbad on July 19, 1977 considered the reconmendations of the Planning Comriission; and WHEREAS, an Environmental Impact Report has been prepared snd discussed at duly noticed public hearings before the Planning Commission and the City Council, and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quali-ty Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings made by the City Council in connection with Tentative Subdivision Map (CT 76-18) as contained in City Council Resolution No. 5165 , also apply to Precise Plan (PP-24) 1 2 3 4 5 6 7 0 9 10 11 12 D a V t 18 19 20 21 22 23 24 25 26 27 20 and constitute the findings of the City Council in this matter. C. That Precise Plan (PP-24) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following cond.itions : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The approval is granted for the property described in the application and as generally represented on the submitted plot plans, labeled Exhibit A and B, dated June 17, 1977, on file in the Planning Department and incorporated by reference herein. The parking lot shall he maintained as outlined in the Parking Lot Operating Agreement. Special attention shall be given to keeping the lot clear of excessive oil and fuel spills that could wash off and impact the water quality of Buena Vista Lagoon. A landscape and irrigation plan shall be submitted for approval by the Parks and Recreation Director prior to the completion of the parking lot improve- ments. All landscaped areas will incorporate plant material which exhibit drought tolerant qualities. All irrigated areas will utilize systems which exhibi. water conserving characteristics and minimize excess water run-off.. All landscaping shall be installed prior to final occupancy. Design of the new buildings shall be compatible with the design of the existing center. Prior to the issuance of building permits for the two new department stores, the developer shall suhmit building elevations to the City Council for review and approval. The energy conserving mea.sures proposed on Exhibit B, dated June 17, 1977 shall be utilized in the new construction. The developer shall cooperate with the North County Transit Distri’ct to provide efficient transit: service as an alternate to aUtOmGbile travel. Only low-volume flush toilets and restricted flow faucets shall be utilized in the new buildings. 2. I 11 I/ 12. All parking lot lighting shall be vapor metal and compatible with existing parking lot lighting. 13. The applicant shall participate with the City in the improvements of Marron Road and bus transfer location that are recommended by the study that is currently underway for these items, in accordance with the agreement dated November 5, 1975. 14. Prior to final grading and paving of the parking lot, the applicant shall submit a parking lot plan to the Planning Director for his review and approval. The Parking Plan shall provide adequate spaces for the handicapped. The proposed thirty foot width of the two driveways off of Marron Road are specifically not approved at this time. Additional driveway width to allow for two full width exit lanes at each driveway may be required. The driveway width nay be modified by the City Engineer, based on additional traffic circulation data to be submitted by the applicant. 15. The identification signs as shown on Exhibit A, dated June 17, 1977 are approved in concept. However, all external signs shall obtain sign permits prior to installation. The size, design and location of all other external signs shall be subject to approval by the Planning Director. 16. Those s'lopes 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. Eaintenance of the benches along those slopes shall be accomplished per this condition. 17. All facilities, such as storm drains and desiltation basins, necessary to minimize short-term and long- term 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. This condition implies the possibility of off-site facilities needed. to mitigate previous and future actions by the developer. 18. All roof-top and mechanical equipment shall be adequately screened or integrated into the design of the buildings as required by the Planning Director. 19, All exterior trash collection an3 pickup areas shall be screened as required by the Planning Director. 3. I . L I. 2 9 4 5 E 7 E 9 1c 12 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 Carlsbad City Council held on the 2nd day of August , 1977 by the following vote, to wit: AYES : Councilmen Lewis, Packard and Councilwoman NOES : Councilman Skotnicki Casler I ABSENT: Councilman Frazee ATTEST : (SEAL) 4.