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HomeMy WebLinkAboutCC RESO 91-230RESOLUTION NO. 91-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR FOR THE EXPANSION OF A SHOPPING CENTER AT 3007 HIGHLAND AVENUE. APPLICANT: SILLMAN/WYMAN, INC. CASE FILE NO. CUP-1991-6 WHEREAS, the appeal to the City Council from the Planning Commission's denial of Conditional Use Permit CUP-1991-6 was considered by the City Council of the City of National City at public hearings held on October 22, and November 12, 1991 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the City Council considered the entire contents of Case File No. CUP-1991-6 and IS-1991-7 which are 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, California, that the testimony and evidence presented to the City Council at the public hearings held on October 22, and November 12, 1991, support the following findings: A. That the site for the proposed use is adequate in size and shape, since the property is 11.8 acres in size with area for development of a 6,000 sq.ft. building in accordance with minimum requirements for setbacks, parking and landscaping. B. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project will generate approximately 420 average daily trips. East 30th Street is classified as an arterial roadway in the Circulation Element of the City's General Plan. East 30th Street has adequate capacity to carry the additional trips generated by the use. CONTINUED ON PAGE 2 Page 2 of 6 Resolution No. 91— 2 30 C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by commercial uses to the west, north and east. Residential uses to the north are separated by East 30th Street which has a right-of-way width of 80 feet. Adjacent property to the south (in the City of Chula Vista) is vacant. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it will provide additional shopping opportunities for residents of the community. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-1991-7 together with any comments received during the public review process, and finds on the basis of the 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 Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. A grading plan for the proposed building site shall be submitted. The plan shall be prepared in accordance with the City's standard requirements by a registered civil engineer. If grading is not proposed, the applicant shall submit a site drainage plan showing key spot elevations. 2. A sewer permit will be required. The method of sewage disposal shall be shown on the plans. 3. The existing block wall along the 30th Street frontage easterly of the middle driveway is encroaching into the public right-of-way. The applicant shall execute an encroachment agreement with the City for the wall prior to issuance of any work permits. Also, portions of the existing wall at the return areas of the three driveway entrances along East 30th Street shall be removed and relocated as necessary to increase the site visibility of both the vehicles and the pedestrians. The driveway entrances shall be widened to provide for a minimum 25' curb return radius, and shall also be modified to provide sidewalks and new handicapped ramps. All conflicting portions of existing ramps or streets shall be removed and replaced. CONTINUED ON PAGE 3 Page 3 of 6 Resolution No. 91-2 3 0 4. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed work shall be posted prior to any work permits being issued. 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. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and for any grading work proposed outside the building perimeter. 6. A site for a bus shelter (furnished and installed by the bus company) shall be provided for on East 30th Street, per the City Engineer's requirements, which may include modifications to the existing block walls and the existing landscaping. 7. The applicant shall construct a new off -site concrete swale on the east side of Highland Avenue, southerly of 30th Street in front of the existing gas station. The new concrete swale will serve as the extension of the existing swale to the storm drain which is located southerly of the existing driveway. 8. The applicant shall remove all rubble and debris at the existing concrete swale and clean the storm drain at the time of the new extension. 9. The main entrance off Highland Avenue shall be redesigned to minimize the number of different maneuvers, and points of conflict. The depth of the driveway should be as great as possible to eliminate conflicts at the entrance. 10. Traffic control signs shall be installed to control traffic flow within the parking area, including placement of signs at the main driveway. A traffic control plan shall be submitted for review and approval by the City Traffic Engineer prior to installation of the signs. 11. The building shall be designed and constructed in accordance with the provisions of the 1988 Edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1987 National Electrical Code and Title 24 (energy requirements for residential buildings). 12. Leasing space in excess of 1,485 sq.ft. to a single tenant will require that two exits be provided. CONTINUED ON PAGE 4 Page 4 of 6 Resolution No. 91-2 30 13. Interior roof drain piping and interior over -flow drain piping shall be provided. 14. Engineering calculations and soils report shall be submitted in conjunction with plans to the Building Department for review. 15. Glazing subject to human impact shall comply with Uniform Building Code, Section 5406. 16. Parapet height shall be indicated on plans. 17. The required fire flow will be 2,000 GPM for 2 hours at a minimum 20 PSI residual. Sweetwater Authority shall verify in writing to the Fire Department that this flow can be met. Otherwise, the applicant shall enter into an agreement with Sweetwater Authority to provide facilities prior to issuance of a building permit. 18: Fire lanes shall be provided as deemed necessary by the Fire Department in accordance with the Uniform Fire Code. 19. A minimum of two type 2A:10BC fire extinguishers shall be provided. 20. The address shall be clearly visible from the street and on a contrasting background. 21. Ultronics, Inc. shall be notified at least 48 hours prior to filling the conduit trench. 22. A trash enclosure shall be provided in accordance with City standards. Its location shall be subject to review and approval by the Planning Director. 23. A permit shall be obtained for all signs. All wall signs shall be designed in accordance with those shown in Exhibit "A" -revised, dated 7/10/91, Case File No. CUP-1991-6. The color of the channel letters, which is subject to review and approval by the Planning Director, shall be the same for every tenant. Signs along two of the wall planes shall be restricted to 25 sq.ft. per sign. Window signs shall be limited to 1 sign per window not exceeding 25 percent of the window area in which it is located. 24. A material board depicting colors of stucco and roofing shall be submitted to the Planning Department. Building wall and roof material colors shall be subject to review and approval by the Planning Director. CONTINUED ON PAGE 5 Page 5 of 6 Resolution No. 91-230 25. Graffiti shall be removed within 48 hours of its observance. 26. The new parking area shall be striped with hairpin lines in accordance with Section 18.58 of the Land Use Code. 27. A landscape and irrigation plan shall be submitted for review and approval by the Planning Director. The plan shall include replanting and replacement of irrigation along the easterly slope of the property. Plans shall depict the use of water conserving plumbing fixtures. Drought tolerant landscaping and water conserving landscape irrigation devices shall be shown on the landscape plan. 28. An access driveway shall be maintained between the adjacent parcel to the east and the project site in accordance with approved plans for Toys "R" Us (PD-1991-3). 29. The exterior surface of the existing perimeter wall around the entire property shall be of stucco or painted to match the buildings and anti -graffiti coating shall be applied to the wall. 30. Development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A" -revised, dated 7/10/91, Case File No. CUP-1991-6. 31. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1991-6 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. CONTINUED ON PAGE 6 Page 6 of 6 Resolution No. 91- 2 3 0 32. The use authorized by this permit shall be limited to a 6,000 sq.ft. commercial building within an existing shopping center. Establishments which sell alcohol for on -site and/or off -site consumption, video stores, laundromats, fast food and/or sit down restaurants, markets or grocery stores, and educational, recreational and/or training facilities shall be prohibited in the new building. 33. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 34. The applicant shall submit a complete site plan depicting building floor areas and parking lot dimensions for staff verification. BE IT FURTHER RESOLVED that copies of this Resolution shall 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. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 19th day of November, 1991. GEgWAThRS,XYOR AI I EST: LOU ANNE PEOPLES, MY CLERK APPROVED AS TO FORM: GEO GE H. EISER, Ill, CITY ATTORNEY