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HomeMy WebLinkAboutCC RESO 14,859RESOLUTION NO. 14,859 A RESOLUTION OF THE CITY COUNCIL OF 'n CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 29,232 SQUARE FOOT RETAIL SHOPPING CENTER ON AN 81,600 SQUARE FOOT PARCEL LOCATED AT 520 EAST EIGHTH STREET. APPLICANT: FRED FINBERG CASE FILE NO. CUP 1985-22 WHEREAS, the appeal of th City Council from the Planning Commission's approval of Conditional se Permit CUP 1985-22 was considered by the City Council of the City of National on January 14, 1986 and continued to January and documentary evidence was presented; and WHEREAS, at said public hearing the City at a public hearing held 21, 1986, at which time oral City Council considered the entire contents of Case File No. CUP 1985-22, which is maintained by the City and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and• WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 14, 1986 and continued to January 21, 1986 support the following findings: 1. That the site for the proposed use is adequate in size and shape because a condition to reduce building size would allow for maintenance access for graffiti control at the property line without reduction of parking area; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because access is available from Eighth Street; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the quality of proposed construction can be expected to encourage improvements on adjacent properties, and a required setback per condition of approval will provide access for graffiti removal; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the proposed shopping center will replace an abandoned building and will provide lease space to retail uses not presently located in the city or to retail uses located in the city which would be able to upgrade by relocating to the proposed shopping center; and because the proposed architecture of the shopping center will be compatible with historic structures in National City; and 5. The approval of such a conditional use permit will not produce any condition conflicting with the open space element of the city's general plan, because policies in the updated General Plan, which are cross-referenced according to State mandated Elements, do not address the project site. The site does not provide open space area necessary and desirable to conserve natural resources, to provide adequate recreation, or to protect public health and safety. The size of the project site would be appropriate for a neighborhood park, but the location is not desirable for a neighborhood park use due to its location on a major arterial and relative isolation from neighborhood users; and 6. The proposed use will not be detrimental to any existing or proposed public open space use, because a required setback from the adjacent Central Elementary School playground will avoid potentially detrimental effects, such as graffiti and reflected glare and heat from a blank wall along the common property line, and because vehicular access will not be allowed to the proposed shopping center from E Street; and 7. The proposed use will not block or decrease public access to an open space use, because the adjacent school will retain access from adjacent public streets and does not require access through the project site. BE IT FURTHER RESOLVED, THAT the City Council has considered Negative Declaration No. IS 85-56, approved by the Planning Commission November 4, 1985, and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as conditionally approved. BE IT FURTHER RESOLVED THAT the application of Fred Finberg for a conditional use permit is approved subject to the following conditions: 1. Engineering a. Parking lot surfacing shall consist of a minimum two-inch thick asphalt concrete over four -inch thick aggregate base. b. All improvements shall be per San Diego Area Regional Standard Drawings, and Standard Specification for public works construction, latest edition. c. Construct 18-inch concrete gutter per City drawing G-1 along the entire property frontage on "E" Avenue. d. Replace all existing driveways that are to be abandoned with curb, gutter, and sidewalk. e. New driveways shall be constructed in accordance with city drawing G-14-1. f. A grading and drainage plan shall be approved by the City Engineer prior to issuance of a building permit. Said plans shall show key elevations, direction of on -site drainage flow, location of catch basins, sidewalk underdrains, flow line of underdrains, etc. 2. Traffic Control a. The landscaping plan required per condition 3.C. shall also be reviewed by Engineering Department for assurance that necessary sight distance will be maintained adjacent to driveways. b. Driveway access to the center from E Avenue shall be closed. A second driveway access from Eighth Street shall be provided. c. Curbing along the entire Eighth Steet frontage of property shall be painted red by City forces. d. Right turn only signs shall be installed at the westerly driveway. e. A turn pocket shall be installed in Eighth Street so that left turns into the center from westbound traffic are allowed only into the easterly driveway. f. A traffic control plan incorporating the above conditions and all other necessary traffic improvements shall be submitted to and approved by the City Engineer. 3. Fire Protection a. Demolition of buildings shall be done in accordance with Uniform Fire Code Article 87, Section 87.105. b. Building "A" as shown on Planning Departm,ent Exhibit "A" Case File No. CUP 1985-22, dated September 20, 1985, shall be sprinkler protected, to the satisfaction of the Fire Department. c. Required fire flow for this project is 2,500 g.p.m. for 5 hours at a minimum 20 p.s.i. d. Certification from Sweetwater Authority shall be provided to the City Fire Departments, that existing fire hydrants will meet this fire flow. e. Access for Fire Department apparatus shall be in acordance with City Fire Department specifications. f. Curbs an project site shall be painted red and marked fire lane, to the satisfaction of the Fire Marshall. 4. Architectural Design a. Colors, building materials, final elevations and design shall be approved by the Director of Planning to ensure integration of style throughout the proposed project. Contrasting elements shall be permitted only where it does not preclude visual integration of the entire project. b. Floor areas of buildings A and B shall be reduced by approximately 1,600 square feet and 1,160 square feet, respectively, to provide 5 foot setbacks from east and south property lines for landscaping and maintenance access. c. Detailed landscaping plans, including planting and irrigation shall be approved by the Director of Planning prior to issuance of a building permit. The Director's approval shall not be constrained by submitted materials for CUP 1985-22. The landscape plans shall address issues of graffiti control, parking lot landscaping, street trees, and design continuity as well as other design issues to the satisfaction of the Director. d. Project identification signs shall be architecturally compatible with the architectural theme/style of the shopping center and shall be in substantial conformance with submitted renderings (Exhibit A, CUP 1985-22, dated September 20, 1985). Before this conditional use permit shall become effective, a complete sign package for the entire project, including location, type of materials, size and color of all signs to be used, shall be submitted to and approved by the Director of Planning. f. Zb insure that all areas of landscape are maintained in a satisfactory and acceptable manner for a period of at least one year after installation, the developer shall execute a bond as surety in an amount equal to 200 percent of the material and installation cost as determined by a California licensed landscape architect. This bond shall be maintained by the developer in full force and effect for a period of one-year after the date of acceptance of the work by the city. 5. Uses Automotive repair and/or service type establishments shall be prohibited within this center. 6. Other Before this Conditional Use Permit shall become effective, the applicant shall file a written statement with the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. PASSED and ADOPTED this 4th day of February, 19 Kile Morgan ArlhbT: IONE CAMPBELL Lone • • 11, (pity Clerk l_ 144. Geofge H. E'iser, III -City Attorney