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HomeMy WebLinkAboutCC RESO 91-96RESOLUTION NO. 91-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR A a USE PROTECT ON THE NORTH SIDE OF PLAZA BOULEVARD BETWEEN GROVE STREET AND THE INTERSECTION OF PLAZA BOULEVARD AND 12TH STREET. APPLICANT: JOSEPH WONG DESIGN ASSOCIATES CASE FTT.' NO. SP-2-90 is 1 WHEREAS, the City Council of National City at their meeting of December 10, 1985 adopted resolution no. 14,821 directing according to California Government Code Section 65450 (et.seq.) that a specific plan be prepared for certain properties in the area east of Interstate 805, north of Plaza Boulevard and south of 12th Street; and, WHEREAS, application was made for a specific plan for a mixed use project on the north side of E. Plaza Boulevard for said certain properties as directed by Council resolution no. 14,821; and, WHEREAS, the Planning Commission of the City of National City considered Laid application and plans (Exhibit "A"-2nd revision and Exhibit B revised dated 2-29-91 and Exhibit A -Revised Sheet A3 dated 4-9-91) at public hearings held on April 1 and April 15, 1991 at which time the Planning Canmission considered oral and documentary evidence, and the entire contents of Case File Nos. SP-2-90 and IS-19-90, which are incorporai-a1 herein by reference; and, WHEREAS, the Planning Declaration (No. IS-19-90) public review process and public hearing; and, Carenission did consider the proposed Negative together with tents received during the all evidence and testimony presented at the WHEREAS, the Planning Caranission adopted Resolution. No. 17-91 recommending approval of the Specific Plan for the area east of Grove Street, and further recommending that a separate specific plan be required for those parcels east of Interstate 805, north of Plaza Boulevard, south of 12th Street and west of Grove Street; and, WHEREAS, the City Council of the City of National City considered Planning Commission Resolution No. 17-91 and the proposed specific plan (Exhibit "A"-2nd revision and Exhibit B -revised dated 2-29-91 and Exhibit "A" -revised sheet 3, dated 4-9-91) at the public hearing held on Nay 14, 1991 at which time the City Council considered oral and documentary evidence, and the entire contents of Case File Nos. SP-2-90 and IS-19-90; and, required this action is taken pursuant to all applicable procedures equired by State law and City ordinances; and, WHEREAS, the proposed Specific Plan SP-2-90 is in compliance with Government Code Section 65451 pertaining to the content of specific plans; CONTINUED ON PAGE 2 Page 2 of 7 Resolution No. 91-96 NOW, FORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented at the public hearing support the following findings: 1. That the proposed specific plan is consistent with General Plan policies to encourage alternatives to shall shopping center development by allowing mixed use development, to ensure that development is compatible with the immediate neighborhood and community, and to encourage a broad range of housing types. Neighborhood compatibility results from architectural design of residential units facing 12th Street, which is developed with single-family residences. The mix of residential units above commercial space will provide convenience and pedestrian access to services generally lacking to separate apartment complexes. 2. That the proposed project is consistent with the General Commercial General Plan designation since it provides for commercial development along major roadways and compatible residential development. 3• That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, since a 20 ft. setback from the street, typically required for multi- family residential development, would reduce courtyard areas and restrict areas proposed for residential parking and apartments on the irregular -shaped, sloping site; the project design provides an appropriate transition between commercial areas and residential neighborhonds; and commercial development could be proposed with only a 10 ft. setback. 4• That the requested exception for a 10 ft. setback fran 12th Street is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since the site is zoned CG where a 10 ft. setback would normally be permitted, and a specific plan for mixed use projects establishes appropriate design criteria. 5. That the requested exception for a 10 ft. setback from 12th Street does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcels of 1op�tY, since the proposed mixedduse is permitted in the CG zone. RF IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. (IS-19-90) together with comments receivad during the public review process and finds on the basis of the QED ON PAGE 3 Page 3 of 7 Resolution No. 91-96 Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. NOW, THEREFORE, the City Council adopts Specific Plan No. SP-2-90 subject to the following conditions: 1. The buildings shall be designed and constructed in accordance with the provisions of the 1988 Edition of the Uniform Building f'cx3e, Uniform Mechanical Code, Uniform Plumbing Code, the 1987 National Electrical Code and Title 24 (energy requirements for residential and commercial buildings). 2• The units and site shall comply with all applicable requirements of the new Title 24 Handicap Regulations for apartments which became effective January 1, 1990. 3• Exterior guardrails on apartment buildings shall be a minimum of 42-inches in height (Uniform Building C'rr9e, Section 1711). 4. Attic ventilation shall meet Uniform Building Code minimum requirements (Uniform Building Code, Section 3205). 5. Walls and floors separating dwelling units in the same building Shall be of not less than one -hour fire -resistive construction (Uniform Building Code, Section 1202). 6. Occupancies of more than 3,000 square feet of floor area above the first story shall be of not less than one -hour fire -resistive construction throughout (Uniform Building (W1e, Section 1202b). 7. Glazing subject to human impact shall comply with Uniform Building Code, Section 5406. 8. ranging space in excess of 1,485 square feet to a single tenant will require that two exits be provided. 9. Engineering calculations and a soils report shall be submitted in conjunction with plans to the Building and ,Safety Department for review. 10. Buildings shall comply with Table 5C of the 1988 Uniform Building Code. Occupancy and building type shall be shown on plans. 11. Grading and drainage plans prepared by a registered civil engineer in accordance with the City's standard requirements which show all of the proposed and existing on -site and off -site improvements shall be submitted for review and approval of the City Engineer. The grading plans shall address method of grading for adjacent future development in the specific plan area. CONTINUED ON PAGE 4 Page 4 of 7 Resolution No. 91- 9 6 12. Landscaping and irrigation plans shall be submitted to the Engineering Department concurrently with the grading plans. 13. Hydrology and hydraulic studies (on -site and off -site) shall be submitted to the satisfaction of the National City Engineering Department. All surface run-off shall be collected by private catch basins and directed to the street by sidewalk underdrains or curb outlets. 14. A soils engineering report addressing the stability of all of the existing and proposed slopes on the property, adequacy of the building pads, criteria for retaining wall design, maximum allowable soil hearing pressure and required structural sections for the proposed parking areas shall be submitted to the satisfaction of the National City Engineering Department. 15. A sewer permit will be requi ec3. 16. The triangular lot at the northwest corner of E. Plaza Boulevard and E. 12th Street (A.P.N. 557-380-39) shall be acquired by the adjacent property owner(s) prior to develo parcel. pment of the adjacent 17. In conjunction with any construction within the specific plan area the deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced as follows: On 12th Street: a) The portions of the sidewalk, curb and gutter as marked in the field. b) The portion of the street pavement as marked in the field. On Grove Street: a) The portion of the street pavement as marked in the field, which shall be removed and replaced with a new section and then overlayed. b) The portion of the curb and gutter as marked in the field. On Plaza Boulevard: The portion of the street pavement as marked in the field, which shall be removed and replaced with a new section and then overlayed. 18. Missing street improvements shal property as follows: a) New sidewalk and pedestrian Street and E. 12th Street. b) New sidewalk on Grove Street. needed for the construction existing slopes. c) New sidewalk and pedestrian Street and E. Plaza Boulevard, side of Plaza Boulevard. 1 be constructed along the ramp at the corner of Grove Also a retaining wall will be of the sidewalk due to the ramp at the corner of Grove and new sidewalk on the north CONTINUED ON PAGE 5 Page 5 of 7 Resolution No. d) 91-96 New pedestrian ramps at both sides of the driveway entrances to the property. The ramps shall be per National City Drawing 114-S-B. 19. All of the abandoned driveways shall be removed and replaced with full height curb, gutter and sidewalk. 20. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City for plan checking and inspection costs at the time the plans are submitted. 21. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all grading operations an private property. 22. If a building permit is to be obtained prior to the installation of the street improvements, the applicant shall post a bond with Engineering Department for performance of the requiLe1 work. 23. The site plan shall show the legal description of the property as well as the assessor's parcel numbers and the names of the property owners. It shall also show all property dimensions. 24. The widths of the proposed driveway entrances shall be shown on the plans. 25. Plaza Boulevard shall be widened by four feet to accommodate a bus turnout at the location of the existing bus stop on the north side of Plaza Boulevard, east of Grove Avenue. 26. All parking requirements, including visitor parking, shall be provided on -site. 27. The Required fire flow will be 1750 GPM for 2 hours at a minimum 20 PSI residual, based on Type V-N construction. Sweetwater Authority must verify in writing to the Fire Department that this flow can be met. If the flow requirements cannot be met the developer shall agree in writing to provide the required improvements prior to the issuance of a building permit. 28. Fire lanes shall be provided as deemed necessary by the Fire Department. 29. All security gates shall be provided with a Knox Box for Police and Fire Department use. 30. Fire extinguishers with a minimum rating of 2A:10BC shall be provided for the residential units and for each tenant of the commercial units. CONTINUED ON PAGE 6 Page 6 of 7 Resolution No. 91- 9 6 31. Smoke detectors shall be provided for each residential unit in accordance with the Uniform Building Code. 32. Sprinkler protection shall be provided for the underground retail parking garage and for any parking area below residential units. Plans Plans prepared by a licensed and qualified sprinkler contractor provided to the Fire Department for review and approval prior to any work being done. 33. The property owners shall promptly evict tenants that engage in or whose associates engage in loud, boisterous, or tumultuous conduct. 34. Graffiti resistant materials shall be applied to the exterior walls of buildings to a height not less than 6 feet. Graffiti shall be removed within 24 hours of its observance. 35. Owners shall promptly remove wrecked, abandoned or inoperable vehicles in accordance to California Vehicle Code and City ordinances. 36. If, in the opinion of the police department, crimes occur at above average rate, the owners will retain the services of a state licensed bona fide security guard service. 37. A detailed landscape plan, including plant types, methods of planting, irrigation system, etc., shall be submitted for review and approval by the Director of Planning. The landscape plan shall reflect the use of drought -tolerant landscape features and water -conserving irrigation devices. 38. Prior to the grading of any property within the specific plan area, the developer shall retain the services of a qualified paleontologist. The paleontologist shall be on -site during grading, shall coordinate the recovery, recordation and cataloging of any fossils discovered during grading. A final summary report shall be submitted to the National City Planning Department whether fossils are or are not discovered. 39. EXterior materials including, but not limited to walls, window and window trim, wooden trim, tile and roofing shall be in accordance with the materials board submitted with the plans. However, roofing materials shall be grey or brown, flat tile material subject to approval of the Director of Planning. 40. Noise mitigation measures shall be in accordance with the acoustical analysis prepared by San Diego Acoustics, Inc. for the specific plan, report no. 90-057, dated 8/1/90, on file in case file IS-19-90. Prior to construction of any portion of the specific plan, an acoustical contour map shall be submitted and noise attenuation measures shall be installed as required. OW r IND ci PAGE 7 Page 7 of 7 Resolution No. 91-96 41. Agreements or easements shall be recorded prior to developmentpermit approval where access across parcels is shown on specific plan exhibits. 42. No proposals for the sale of alcoholic beverages shall be considered or approved for any parcels in the specific plan area. 43. All provisions and statements in the specific plan submitted to the City on February 22, 1991 by Joseph w shall be binding on the currentlyd deng velopmsignent Associatesanll future development proposed development and all of the specific plan area, except as modified by conditions of approval. Future development plans shall substantially conform to site plans and elevations shown in EXhibits "A" -Revised and "B"-Revised dated 2-22-91, and Exhibit "A" -Revised Sheet A3 dated 4-9-91, unless authorized by an amendment to the specific plan. Changes to residential unit floor plans may be approved to permit a combination of 1 and 2 bedroom units. All amenities shown on floor plans, i.e. fireplaces, balconies, trellises, and other architectural details shall be required. Planned development permits shall be required for proposed development except for the area identified as Phase 1 on Exhibit "A" -Revises, The Specific Plan (SP-2-90) and conditions of approval shall apply and authorize further processing of development permits only for the parcels east of Grove Street. A separate specific plan shall be required to accomplish objectives established by resolution of the City Council for those parcels east of Interstate 805, north of Plaza Boulevard, south of 12th Street and west of Grove Street. 44. A planned development permit will be required for the applicant's 2 parcels (area identified as Phase 1 on Exhibit "A" -Revised) if construction does not begin within 2 years. PASSED AND ADOp lt) this 21st day of May , 1991. GEORGE H. AT RS, MAYOR ATTEST: (91 (Lk/NA/L.1TP /41DieW ANNE PtOPLES, CITY CLERK APPROVED AS TO FORM: 4gorg,... „at. GORGE H. EISER, III CITY ATTORNEY