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HomeMy WebLinkAbout1978-08-01; City Council; Resolution 54991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 22 26 27 2E RESOLUTION NO. 5499 A 13.ESOLUTION OF THE CITY COUNCIL OF THE WITH CONDITIONS ALTERNATE PRECISE PLAN 24;4(PP-24A) FOR THE EXPANSION OF THE PLAZA CAMINO REAL SHOPPING CENTER. APPLICANT: - MAY STORES SHOPPING CENTERS, INC. cwy OF CARLSBAD, CALIFORNIA, APPROVING WHEREAS, the agreement between the applicant and the City If Carlsbad which provides for the expansion of the Plaza Camino teal Shopping Center, requires that the details of that expansion >e submitted to the City Council for approval in the form of a ?reclse Plan; and WHEREAS, on June 29, 1977 the Carlsbad City Planning Commissioi =onsidered said plan as outlined in Staff Report dated June 28, 197' 2nd 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 expansion of the Plaza Camino Real Shopping Center; and WHEREAS, the Environmental Impact Report has been prepared and 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 Quality Act; ////' //// //I/' //// 1 2 3 4 5 6 7 E S 1c 11 12 1: 1L l! It 1' 1l I! 2( 2: 21 2 2 2 2 2 2 labeled Exhibit A, dated August 2, 1978, on file in the Planning Department and incorporated by reference herein. 2. Construction of the shopping center shall be as shown on Exhibit A, dated August 2, 1978. 3. The parking lot shall be maintained as outlined in the Parking Lot Operating Agreement. 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. Special attention shall be WHEREAS, t:he applicant has asked for approval of an alternate preci.se plan PPn-24A providing for an expansion of the center of the a.ddition of three major department stores and certain mall shops; and WHEREAS, t'he Planning Director has determined that his appli.cation has satisfied the requirements of the Carlsbad Environmental Protection Ordinance of 1972 by prior compliance. NOW, THERE:FORE, BE IT RESOLVED by the City Council of the City of Carlsbald 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, and in connection with Precise Plan (PP-214) as contained in City Council Resolution No. 5166 also apply to the alternative Precise Plan (PP-24A) and constitute the findings of the City Council in this matter. C. That the Environmental Review of the proposed alternate Precise Plan (PP-24A) has been completed pursuant to CEQA and the Environmental Protection Ordinance of the City of Carlsbad. D. That the alternative Precise Plan (PP-24A) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 4. Design of the new buildings shall be compatible with he design of the existing center. /// //// //// - 2- 1 2 3 4 5 6 7 E i 1c 11 12 12 34 1: 1( 1: 1( 1< 2( 2: 2: 2: 2L 21 2( 2' 21 13. Those slopes located off-site, adjacent to the south side of Ffarron Road and the tentative map boundary, shall be landscaped and maintained for slope erosion control by the spplicant per the requirements of the Parks and Recreation Director. Yaintenance of the benches along those slopes shall be accomplished per this condition. 14. AIL1 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. condition implfies 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. - 3- This 15. A:Ll roof-top and mechanical equipment shall be 5. Prior to the issuance of building permits for any iew department stores, the developer shall submit building :leva.tions to t:he City Council for review and approval. 6. The energy conserving measures proposed on Exhibit B :o Resolution Nlo. 5165, dated June 17, 1977, shall be utilized in the new construction. 7. The developer shall cooperate with the North County Cransit District to provide efficient transit service as an tlternate to automobile travel. 8. All parking lot lighting shall be vapor metal and :ompatible with existing parking lot lighting. 9. The applicant shall participate with the City in ;he 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 md approval. The Parking Plan shall provide adequate spaces for :he 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 vater conservation measures through choice of plant materials and Zhoice of irrigation equipment and design. 12. Thle identification signs as shown on Exhibit A, iated August 2, 1978, are approved in concept. However, all 2xte:rnal signs shall obtain sign permits prior to installation. rhe size, design and location of all other external signs shall be subject to approval by the Planning Director. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 16. AIL1 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 Exhiblit 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-24A, Exhibit A, August 2, 1978, which includes the follclwing conditions : a. Adequate pedestrian crossings between the theat.res and adjacent commercial development on the south side of Marrcin 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. 20. The applicant and City are involved with others in 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 substantiall. delay this project. Applicant has paid certain of said fees under protest. City has determined notwithstanding this dispu& to issue permfits for development within this Precise Plan. In consideratior of said determination and of the City's decision to allow this development to 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 app1:icant'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. 21. E'rior 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 4. 1 19 20 21 22 2 I City Council of the City of Carlsbad, California, held on the 3rd day of Auguqt , 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis and Anear NOES : None 3 4 5 6 7 8 9 LO 11 12 a a 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 Mionroe Street extension is to connect to Marron Road. 22. the Parking Authority and shall hold the City of Carlsbad and the F'arking 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. The Developer shall agree to indemAify the City and In the event suit is brought upon this agreement to 23. Developer shall maintain the Buena Vista Creek Channel within the boundaries of the Precise Plan. E. Applicant shall have the option to develop the shopping center either i.n 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 5.