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HomeMy WebLinkAbout1978-09-05; City Council; 3481-16; Plaza Camino Real expansion precise planI I. - --. . CIT-Y OF CARLSBAD - -- * AGENDA BILL NO. 3481-SuPPlement 16 ) l_-__-__l_l___ - DATE : September 5, 1978 DEPARTMENT : City Attorney Initial: Dep t . Hd . C. Mgr. - Subject: PLAZA CA.?.?INO REAL EXPANSION PRECISE PLAN -- CONTRACT IN SATISFACTION OF CONDITIONS OF APPROVAL Statement of the Matter At your adjourned meeting of August 3, 1978, the Council adopted Resolution No. 5499 approving an alternate precise plan (PP 24-A) for the Plaza Camino Real Shopping Center expansion. A copy of the resolution is attached. Conditions No. 20 and 22 of Resolution No. 5499 require the developer to enter into an agreement with the City to obligate them- selves to pay all sewer charges, withdraw their protest in that regard, and waive any rights they might have in the Grove Apartments litigation. An agreement satisfying those requires has been prepared, accepted by May Company and is before you for approval. Exhibits Resolution No. 5499. Agreement. Resolution NO .&$I ,y , approving said agreement. Recommendation If the City Council concurs, your action is to adopt Resolution No. ss/{ approving the agreement and authorizing its exec tion. Council Action: 9-5-78 Council adopted Resolution No. 5519 approving the agreement and authorizing execution of same. i 1 3 4 5 9 11 12 -._ . 13 14 -- 15 16 17 18 19 20 21 22 23 24 -r 25 26 27 28 RESOLUTION NO. ’ 549’9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS ALTERNATE PRECISE PLAN 24A(PP-24A) FOR THE EXPANSION OF THE PLAZA CAMINO REAL SHOPPING CENTER. APPLICANT: MAY STORES SHOPPING CENTERS, INC. WHEREAS, the agreement between the applicant and the City - Df Carlsbad which provides for the expansion of the Plaza Camino Real Shopping Center, requires that the details of that expansion De submitted to the City Council for approval. in the forn of a Precise Plan; and WHEREAS, on June 29, 1977 the Carlsbad City Planning Commissior eonsidered said plan as outlined in Staff Report dated June 28, 197: nnd 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 recommendations of the Planning Commission; and WHEREAS, the City Council of the City of Carlsbad on August 2, 1977 approved with conditions Precise Plan (PP-24) for the sxpansion of the Plaza Camino Real Shopping Center; and WHEREAS, the Environmental Impact Report has been prepared nnd discussed at duly noticed public hearings before the Planning :ommission and the City Council, and the final report has been sertified as complete in satisfaction of the requirements of the -.I;-- 2ity of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; r. . a* J . 1 1 2 3 4 5 ' .e 1 E E 1C 13 1: l! 1: . 2: .- ... . _. . _....__..- .- .. 2! 2( 2' 21 WHEREAS, the applicant has asked for approval of an alternate brecise plan PP-24A providing for an expansion of the center of :he addition of. three major department stores and certain mall ;hops; and WHEREAS, the Planning Director has determined that his ipplication has satisfied -he requirements of the Carlsbad :nvironmental Protection Ordinance of 1972 by prior compliance. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings made by the City Council in connection iith Tentative Subdivision Map (CT 76-18) as contained in City :ouncil Resolution .No. 5165, and in connection with Precise Plan 'PP-24) as contained in City Council Resolution No. 5166 also ipply to the alternative Precise Plan (PP-24A) and constitute + -- :he findings of the City Council in this matter. 'recise Plan (PP-24A) has been completed pursuant to CEQA and the invironmental Protection Ordinance of the City of Carlsbad. .* C. That the Environmental Review of the proposed alternate D. That the alternative Precise Plan (PP-24A) is hereby ,pproved subject to all applicable requirements of the Carlsbaif lunicipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the property described .n the application and as shown on the submitted plot plans, .abeled Exhibit A, dated August 2, 1978, on file in the Planning lepartment and incorporated by reference herein. 2. Construction of the shopping center shall be as shown 3. The parking lot shall be maintained as outlined in .he Parking Lot Operating Agreement. Special attention shall be liven to keeping the,-lot clear of excessive oil and fuel spills :hat could wash off and impact the water quality of Buena Vista lagoon. in Exhibit A, dated August 2, 1978. 4. Design of the new buildings shall be compatible with .he design of the existing center. I/// '/// //// /I// -2- 1. . .I ,I b 1 r 2 3 4 - 5 6 7 a 9 10 3.1 12 13 .. .. . .. 14 15 16 17 ia 19 20 21 .. 22 - _.. . ._ . 23 . .. : I. _.,J. .. . .. >.., 24 25 26 27 -_ 28 .- --- - 3;- Prior to the issuance of building permits for any new department stores, the developer shall submit building elevations to the City Council for review and approval. .- 6. The-energy conserving measures proposed on Exhibit B to Resolution No. 5165, dated June 17, 1977, shall be utilized 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. 8. All parking lot lighting shall be vapor metal and 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 relocation that are in accordance with the agreement dated November 5, 1975. 9. 10. Prior to final grading and paving of the parking lot, the applicant shall submit a parking lot plan and a land- scape and irrigation plan to the Planning Director for his review and approval. The Parking Plan shall provide adequate spaces for the.handicapped. The construction of the parking lot shall conform to the parking lot plan and the landscape and irrigation plan. 11. The landscape and irrigation shall incorporate * water conservation measures through choice of plant materials and choice of irrigation equipment and design. - - 12. The identification signs as shown on Exhibit A, dated August 2, 1978, 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. 13. 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. 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. condition implies the possibility of off-site facilities needed to mitigate previous and future actions by the developer. adequately screened or integrated into the design of the buildings as required by the Planning -- Director. 14. All facilities, such as storm drains and desiltation This 15.. All roof-top and mechanical equipment shall be -. 3- ti *!. r 1 2 3 4 5 6 7 e 9 1c 11 12 9 19 20 21 22 23 24 25 26 27 28 r- c- . 16.. All exterior trash collection and pickup areas shall be screened as required by the Planning Director. - - 17, All other driveway accesses are approved as shown on Exhibit A, August 2, 1978, 18, Existing parking lot, access points, and Marron Road shall be reconstructed and/or modified in accordance with the Precise Plan PP-24A8 Exhibit A, August 2, 1978, which includes the following conditions : a, Adequate pedestrian crossings between the theatres and adjacent commercial development on the south side of Marron Road and the main parking lot of Plaza Camino Real shall be furnished with the required parking lot plans. b, Driveway access at location W-3, 700 on Exhibit A, August 2, 1978, is approved subject to the relocation of the bus loading and transfer facilities to the north side of the develop- ment (approximate location W-3,000; N-11,450,) c, Applicant shall comply with all notes on alternate Precise Plan (PP-24A) . 19, Plans required by this resolution shall be submitted to the City for approval no later than December 1,-1978. a dispute regarding the obligation of applicant and others to pay all sewer charges and fees pursuant to Municipal Code Section * 13.08.080. It is anticipated the matter will take considerable time to resolve through ongoing litigation which would substmtiall delay this project. Applicant has paid certain of said fees under protest. City has determined notwithstanding this dispue toissue permits for development within this Precise Plan, In consideratior of said determination and of the City's decision to allow this development ta proceed at this time, and as .an express condition of such development, applicant shall agree to withdraw his protest and shall agree to pay or cause to be paid all sewer charges and fees for all sewer permits issued or to be issued for development within this Precise Plan, Said protest shall be withdrawn, and applicant's agreement to pay all fees notwithstanding any rights he may have to the contrary shall be executed prior to issuance of any further building permits for this project. Applicant shall have thirty days from the date this resolution is adopted to file and serve any legal challenge he may wish to make to this condition. Failure by applicant to litigate this condition within the thirty day time limit shall bar any such action. - r- r- 20. The applicant and City are involved with others in 21. Prior to occupancy of any portion of the shopping center expansion, the following shall be accomplished by Developer at his expense: a. The existing traffic signalized intersection at , 17 If 19 2c 21 22 23 24 25 26 27 28 El Camino Real and Marron Road shall be upgraded to an 8-phase fully activated signalized intersection with interconnecting capabilities to the signal to be constructed at the Marron/theatre complex, and to all the signals along El Camino Real from State Highway 78 to Hosp Way, as approved by the City Engineer. b. The Developer shall enter into a bonded agreement to construct a fully actuated traffic 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. 22. The Developer shall agree to indemhify the City and the Parking Authority and shall hold the City of Carlsbad and the Parking-Authority, members of the City Council and the Parking Authority, all their employees, officers and agents, while acting as such, free and 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 this Precise Plan, or the City approval of such plan, including the defense of any actions arising therefrom. enforce the terms thereof, the City and the Parking Authority shall be entitled to a reasonable sum as attorney's fees, Channel within the boundaries of the Precise Plan. .- In the event suit is brought upon this agreement to --_ 23. Developer shall maintain the' Buena Vista Creek - E.. Applicant shall have the option to develop the shopping center either in accordance with Precise Plan PP-24 as approved by Resolution No. 5166, or in accordance with the alternate Precise Plan PP-24A, as approved by this resolution, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, Califamia, held on the 3rd day Of Agt~rt , 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis and Anear NOES : None y H&] Ei ADAMS, city Clerk 1 2 3 4 5 6 7 e 9 IC 13 22 1: 14 1: 1E 15 1E 1LS 2( 21 2: 2; 24 2: 2t 2: 2E 1 .- mSOLUTION NO. 5519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARISBAD, CALIFORNTA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CAFUSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO REAL IN SATISFACTION OF CONDITIONS NO. 20 and 22 OF RESOLUTION NO. 5499 RE PLAZA CAMINO REAL EXPANSION PRECISE PLAN (PP 24-A) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbal the Parking Authority and Plaza Camino Real, in satisfaction of Conditions No. 20 and 22 of Resolution NO. 5499 re Plaza Camino Real expansion Precise Plan (PP 24-A), a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 2- That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of September , 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Co un ci 1 woman Cas 1 er ABSENT: None ATTEST: gd4Cmd- RONALD C. PACKARD, Mayor This Agreement 'is made this . 12th- day of -r dp 1978 by and between the City of Carlsbad, California (the "City"), the Parking Authority of the City of Carlsbad (the "Parking Authority") and Plaza Camino Real, a California limited partner- ship ("Developer" ) . RECITALS WHEREAS, the Agreement, dated hr'ovember 5, 1975, between City and Developer, which provides for the expansion of the Plaza Camino Real Regional Shopping Center, requires that a Precise Plan for that expansion be submitted to the City Council LA., ---------T --a &UL uyrAuvui, UILU -" WHEREAS, said Agreement authorizes the City Council to . 1 attach conditions of approval to such Precise Plan; and !. I i WHEREAS, the City is irrvolved with others in litigation regarding whether or not such others are required to pay all sewer charges and fees as required by the Carlsbad Municipal Code; and WEEREAS, it is anticipated that. such litigation will take considerable time to resolve; and WHEREAS, although Developer and the property proposed for the shopping center expansion are xot directly involved iz the 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 expansion. under protest, expressly reserving its rights to 'claim exemptions from 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 shonping center expansion which would have significant adverse'financial consequences on Developer; and WIIEFEAS I the city Council has determined notwithstanding *.. 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. 5499, a copy of which is marked Exhibit "B", attached hereto and incorporated by reference herein; and .. WHEREAS, the Precise Plan, as approved by said resolution, 0 is conditioned on the execution of certain agreements by the Developer in regard to the sewer fees. I NOW, THEREFOIIE, in consideration of the j?crformanze 'of the mutual promises herkin contained, the parties hereto agree as follows: 2. f .. , .-, 1. 2. 3. In consideration of the City of Carlsbad decision to approve the Precise Plan for the Plaza Camino Real cxpan- don 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 Camino Real to the City Engineer, dated June 26, 1978 (Exhibit "A"), is hereby withdrawn. (b) The Developer agrees to Fay or cause to be paid all sewer charges and fees for all sewer permits, building . permits or other permits issued, or to be' issued, for development within the Precise Plan as approved by Resolution No. 5499 (Exhibit "B") . The Developer agrees that any rights which the property owners may be found to have against the City in regards - - (c) to sewer permits, or sewer fees or charges, in 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 w,ithin the boundaries of Precise Plan 24-A as approved by Resolution No. 5499 (Exhibit ,B"). Developer and City agree that this Agreement shall not be placed before the Court or used in way in the above litigation, The Developer agrees to indemnify the City and the Parking Authority and to hold the City of Carlsbad and the Parking Authority, members of the City Council of the City of Carlsbad 3. (- .I. -L .. I and the Parking Authority, all their employees, officers , and agents, wh'ile acting as such, free and 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 "BW) or * from the City's apprqval of such plan, including the defense of any actions 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 WHEREOF, the City, the Parking Authority,and the Pevelbper have signed this agreement as of the day and year first '1 f ,/j. . :, ab&'yk'itten. , ,a \" k t CITY OF SBAD i : *. ,v. 1 ':. ?ATTEST: BY pdE&e b;rtv - 1 *I Mayor P, ' .Glerk of the Parking Authority & the .* 2,, ATTEST: City of Carl sbad I i ,I City Attorney - 4. THE~A.F&NG AUTHORITY OF TRE CITY SBADE CALIFORNIA C PLAZA CM4IMO REAL, a limited partnershi: By: The May Stores Shopping Centers, Ind BY PRESIDENT f7 , -. .(* 'Exhibit "A" to Agreement dated , 1938 he May Storm Shoppiny Ccn!ern, Sac, -. .. Subsidiary OC May Depnrtmcnt Stores Company .. ** . June 26, 1978 .. . ' MK. Tim Flanagan ~ City Engineer City of Carlsbad 12.00 Elm Avenue . Carlsbad, California .. .. Dear Tim: .. .c .. .. Puqsuant 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 referred to in your letter as ."a condition of building perdt issuance", the payment at this time in order to avoid a delay of the .. We'are making .. _. . -.. ,. - . scheduled shopping center ,expansion. .. .. .. .. - . .. .- .. .. . .. .. .. . _. . . - -. As you are aware, there is a law suit between Carlsbad and Grove Apartments Investment Company which raises the question of whether sewer charges may be assessed coccexnkg devslcpwnk of idad preuiously owe6 by Plaza-- Carob0 Real's predecessors in interest. Our payment of the prejudice to the resolution of that question and 5s not a -waiver or' any rights we may have in regard to this paymen2 or of any exemption our property may enjoy-. Phis 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 We time'of sewer connection, charges referred to in your letter is being madewithout -- - .a - .. .- z- 0 .. -- a*. : - Sincerely, /- - -. - * 'PLAZA CAMINO REAL by - *- .. I. !&"E MAY STORES SHOPPING * CENTERS, INC, . -. .. .- # .. . : .. .. . .. .. .. , . .. :- .. . .. .. .. .- .. -. . 5 . e.. .. _. .. . Herbert 1;- Roth . .- .. -..Vice President - Legal 0 * .. HLR:ns Enc 10s ure 0. .. . 0. * ... 4 5 -6 7 E 9 35 3.6 17 19 20 2i _. . ... ' .. *' 22 :_.... . . 9 23 6 24 .. . .. . .- :e -. 25 26 27 28 *. dated ,1978 .- RESOLUTION NO- 5499 ' A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF CARLSBAD, CALXFORNIA, APPROVING WITH 'cormrrIow ALTEWATE PRECISE PLAN 24R(PP-24A) FOR THE EXPANSION OF THE. PLAZA CAMINO mAL SHOPPING CENTER. APPLICANT: MAY STORES SHOPPING CENTERS, INC (. WHER-mS, -the agreement betyeen the appiicant and th'e City - ~f 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 fox approval in the fom of a * Frecisc Plan; and WHEREAS, on June 29, 1977 the Carlsbad.City Planning Commissior considered said plan as outlined in Staff 'Report dated June 28, L97; snd determind to recommend to the City Council thzt.Pxeciss Plan (PP-24) be conditionally approved; and -. ,. .. .. - .. WfTEREX3, the City Council of the City of Carlsbad on July 19, 1977 considered the recommendations of the Planning Commission; an8 WHEREAS, the City Council of the City of Carlsbad on August 2, 1977 approved with conditions Precise Plan (PP-24) for the - spansion of the Plaza Camino Real Shopping Center; and - WHEREAS, the Environmental Impact Report has been prepared 2nd discussed at duly noticed public hearings before the Planning :omission and the City Council, and the final report has been certified as comple&-'in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and . - -. . the California Environmental Quality Act; .. .. . e -- *:. ., - WHEREAS, the applicant has asked fox approval of an alternate )rccise plan PP-24A providing for an.expansion of the center of 5 2 3 4 5 6 1 E s 'IC 13 . 12 If -< lt . 2.: 11 .. I! 2( .. -.-L.>- -,:..&.: .?.z-:+: I . -. .. .... -... e -.: . 2: . ..... - .- -. .. .' 2: * 24 ........ :. .- io ... ... 7 ........ .... --. ... . --. .... -_-.E*-.- .. -..- -. .__. -,I- I ___... - . ... ...r. i. - ?:;y 8' 21 24 .. 29 ' 21 WHEREAS, the Planning Director has determined that his ' lpplication has satisfied the requirements of the Carlsbad .. :nvironrnental Protection Ordinance of 1972 by prior compliance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad as follows: A. B, That the above recitations are true and correct: That the findings made by the City Council in connection iith Tentative S>&division Hap (CT 76-18) as contained in City louncil ResolutionNo. 5165, and in connection with Precise Plan :PP-24) as contained In City Council Resolution No, 5166 also -- ipply -to %he alternative 'Precise Plan (PP-24A) and constitute - .- :he findings of the City Council -. in this matter. - . .- Y ._ 2. %'hi; the Environmentai Review or' khz proposec alternate 'recise Plan (PP-24A) has been completed pursuant to CEQA and the :nvironmental Protection Ordinance of the City of Carlsbad, D. That the alternative Precise Plan (PP-24A) is hereby ipproved subject to all applicable requirements of the Carlsbad Iunicipal Code and to the satisfactiqm of the following conditions: l..' 'The approval is granted for the property described . t : .. .. . .n the application and as shown on the submitted plot plans, .abeled Exhibit A, dated August 2, 1978, on file in the Plcanning beparbent and incorporated by reference herein, in Exhibit A, dated August 2, 1978. 2, Construction of the shopping center shall be as shown The parking lot shall be maintained as outlined in .he Parking Lot Operating figwcement. liven to keeping the-lot clear of excessive oil and fuel spills :hat could wash off .and impact the watcr qua1gt.y of Buena' Vista agoon. :he design o€ the existing center. b 3, Special attention shall. be . 4, Design of the new buildings shall be compatible with '/// -2- i 't I. 2 3 4 5 6 '7 8 9 10 31 12 13 14 15 16 y 3-8 19 20 + a2 22 23 24 25 26 27 28 I .' 5, Prior to the issuance of milding permits for any new department stares, the developer shall submit building clevations to the city Council for revieti and approval, . 6. The energy conserving measures. proposed on Exhibit B to Resolution No, 5165, dated Juri3 17, 1977, shall be utilized 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.. compatible with.existing parking lot lighting, -8- All parking lot lighting shall be vapor metal and The applicant shall participate with the City in ' 9. the reconstruction of the phase 1 parking (existing lot), the - improvements of Marron Road and bus transfer relocation that are in accordance with the agreement dated November 5, 1975, 10. Prior to final grading and paving of the parking lot, the applicant shall submit a parking lot plan and a land- scape and irrigation plan to the Planning Director for'his review and approval. The Parking Plan shall provide adequate spaces for the handicapped. to the parking lot plan and the landscape and irrigation plan, The construction.of the parking lot shall conforni - - 11, The landscape ani7 .i rri.gat,ion shall 5ncoqorate water conservation measures through choice of plant xiateria3.s and choice of irrigation equipment and design. 12, The identification signs as shown on ExhiSit A, dsted August 2, 1978, are approved in concept, However, all external signs shall obtain sign permits prior to installation, The size, Ciesign and location of all other external signs shall. bz subject to approval by the Planning Director. 13, Those slopes located off-site; adjacent to the south side of Marron Road and the tentative map boundary, shall, he 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. -3.4. -- . .. .. I - -- .. . - .- -. -. .- .' . - - -. .-. All'facilitles,' such as storm drains and dcsiltation basins,. necessary to minimize short-term and long-term adverse impacts on the water quality of Bucna 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 cqndition implies the possibility of off-site facilitics'needed to mitigate previous and future actions by the developer, adcquatcly screened or intcgratcd into the design of the buildings 15, All roof-top and mechanical equipment shall bc as required by the Planning Director. 0- -3- (" bW k \ raxt -.-- .-----"....--L* *--.---- .--- --..... .-. ...--I----.. -' 2 z 4 -. E € * *a E S ' IC .. 11 19 . 20 21 22 .. 23 : 2'1 ' ,25 -9 - .. .. -. e. -. .. ... . 26 27 * 28 - _- 16.. \11 exterior trash collc ion and pi-ckup areas shrtll be screened as required by the Pl.anninc, Director- 17, All other driveway accesses are approveit as shown on .Exhibit A, August 2, 1378- 18.. Existing parking lot, access points, and Marron Road shall be reconstructed and/or modified in accordance with the Precise Plan PP-24A, Exhibit A, August 2, 1978, which includes the following conditions: ' a. Adequate pedcstsrian crossings between the theatres and adjacent commercial development on the south side of Marron Road and the main parking lot of Plaza Cmino Real shall be- furnished wsth the required parking.lot plans- . b.. Driveway access at location W-3, 700 on Ekhibit: At August 2, 1978, is approved subject to the relocation of the bus loading and transfer facilities to the north side of the develop- ment (approximate location W-3,000; N-11,450,) alternate Precise Plan (PP-24A). c. Applicant shall comply with all notes on 19, 20. Plans required by this resolution shall be subne-ttcd. The applicant' and City are invoived'with others in to the City for approval - .. . .. no, later . .. thqn.December 1,-1978, .. ., .f - - -- .. . ....-._ .* . .I.. .. .. . .-. - .. .. .. -..- .. . .. .. . - -.. , .. . - r. -. . .. .* .._ -- .. .. . a dispute regarding the obligation of applicant and ochers to pay all sewer charges and fees pursuanz to Municipal Cocie?St=~-LlU:~ 13-0 8.0 80. 3c t is anticipated the 'matter will take considerable time to resolve through ongoing litigation which would subctmti'al.3.: 'delay this project. Applicant has paid certain of said fees under protest, City has determined notwithstanding this dispub'toissue permits for development within this Precise Plan. In consideration of said determiqation and of the City's decision to allow this development.ta proceed at this time, and as an express condition of such development, applicant shall agree to withdraw his protest and shall agree to pay or cause to,be paid. all sewer charges and fees for all sewer permits issued or to Le issuea'for'developmeni: within thfs Precise Plan, Said protest shall. be withc3rawn, and applicant s agreement to pay a31 fees notwithstanding any rights he may have to the contrary shall be executed prior to issuance of any further buil'ding permits- for this project. resolution is.' adopted. to file and serve any. legal' challenge he may Wksh tc~ make to th$s condition., this condition within *- the' thi.rty 'day' 'time' limit shall bar any such action. . .. . .. .,.. - . Applicant . shall hAve thirty days from the dace this I Failure by applicmt to;litigatc 21. Prior to occupancy of any portion of the shopping center expansion, the following shall be accompl.ished by Developer at his expense: a. The existing traffic signalized intersection at 3. 2 39 20 '21 22 * 23 .- --:.,: ..._ ;.:..i4 .. b 25 26 27 28 . .. - - El Cainino Rear and Marron Road shall bc upgraded to an 8-phase fully activated signalized intersection with interconnecting capabilities to the signal to be constructed at the Marron/theatrc complex, and to all the signals almg El Camino Real from State Highway 78 to Nosp I?ay, as approved by the City Engineer. b. The Developer shall enter into a bonded agreement to construct a fully actuated traffi.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, .- 22. The Developer shall agree to indernkfy the City and - the Parking Authority and shall hold the City of Carlsbad and the Parking-Authority, mexr!bers of the City Council and the Parking Authority, all their employees, officers and agents, while acting as such, free and 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 this Precise Plair or the City approval of such plan, including the defense of any actions arising therefrom. enforce the terns thereof, the City and the Parking Authority shal be entitled to a reasonable sum as attorney's fees. In the event suit is brought upon this agreement to -- - . f .. -- .. ...... . . .. - i - ..* ' .. ._ . t. - -\ 1- /,.:.; is.:-- .;: xy --.. ;... t ..: : I, . ._.. :.=. .. ' . - .. I. -. i . .- . ... - .'. -- .. Chanhel within the boandaries of the Precise"Plan. . '- -": .23'. -. Developer' 'shall maintain the'-.?3uena Vista Creek -. .. . .. . .:. . :.: E. Applicant shall have the'option to develop the shopping center either in accordance with Precise Plan PY-24 as approved by Resolution No. 5166, or in accordance with the alternate .- Precise Plan PP-24A, as approved by this resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day of filcgctzt I 1978 by the Eollowhg vote, to wit: AYES : Courrca'lmen Packard, Skdtnicki Lewis and Anear NOES : None