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HomeMy WebLinkAboutCC RESO 92-111RESOLUTION NO. 92-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A RESIDENTIAL AND COMMERCIAL MIXED USE DEVELOPMENT AT THE NORTHWEST CORNER OF 8TH STREET AND HARBISON AVENUE. APPLICANT: JUANITO VERSOZA CASE FILE NO. PD-1992-1 WHEREAS, the appeal to the City Council from the Planning Commission's denial of Planned Development Permit Application PD-1992-1 was considered by the City Council of the City of National City at a public hearings held on May 12, and June 9, 1992, 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 Nos. PD-1992-1 and IS-1992-1 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 May 12, and June 9, 1992, support the following findings: 1. That the site for the proposed use is adequate in size and shape, because adequate area for parking, open space and minimum unit size is provided as required by Title 18 (Zoning) of the Municipal Code. 2. 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 site has frontage on both E. 8th Street and Harbison Avenue. The Circulation Element of the General Plan designates E. 8th Street as an arterial street and Harbison Avenue as a collector. The project is expected to generate an additional 106 average daily trips which will not significantly affect traffic circulation in the vicinity of the site. The intersection of 8th Street and Harbison Avenue is currently operating at approximately 36% capacity. Resolution No. 9 2 -111 Page 2 of 9 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the neighborhood is a combination of commercial and single and multi -family residential development and the orientation and design of the building is such that adequate separation is provided between the project and adjacent residences to the north and west. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since the project will result in the development of an existing vacant and neglected property and will provide additional housing and neighborhood convenience shopping opportunities in National City. 5. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 (Zoning) of the Municipal Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, since the nature of the CL zone is such that separate truck parking facilities would largely be un-or under-utilized and there is adequate area on -site for unloading trucks. 6. That the requested exception 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 design of the project is such that there is adequate area for unloading of trucks. 7. That the requested exception does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the combination of residences and commercial development as proposed is allowed in the CL (Limited Commercial) zone designation which applies to the property. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-1992-1, 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 Planned Development Permit is approved subject to the following conditions: CONTINUED ON PAGE 3 Resolution No. 92-111 Page 3 of 9 1. The buildings 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 and Handicapped requirements for residential and commercial buildings). 2. The units and site shall comply with all applicable requirements of the Title 24 State Handicap Regulations for apartments (effective January 1, 1990). 3. Exterior guardrails on apartment buildings shall be a minimum 42 inches in height (Uniform Building Code, Section 1711). 4. Attic ventilation shall be in accordance with Uniform Building Code minimum requirements (Uniform Building Code, Section 3205). 5. 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 Code, Section 1202b). 6. Any building over 6,000 square feet in floor area shall comply with the requirements for a 2-hour area separation wall as per Table 5c (Uniform Building Code, Section 505(e)). 7. 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). 8. Glazing subject to human impact shall comply with the requirements of the Uniform Building Code (Section 5406). 9. Leasing space in excess of 1,485 square feet to a single commercial tenant shall require two exits. 10. Buildings shall comply with Table 5B and 5C of the 1988 Uniform Building Code. 11. A soils report and engineering calculations shall be submitted in conjunction with any new plans for building construction. The soils report shall address the existence or removal of any underground storage tanks and any resultant contamination of the soil from the previous use of the property. CONTINUED ON PAGE 4 Resolution No. 92-111 Page 4 of 9 12. A complete fully dimensioned floor plan shall be provided for each floor of each building. 13. Grading and drainage plans shall be submitted which show all proposed and existing on -site and off -site improvements. The plans shall be prepared by a registered civil engineer in accordance with the City's standard requirements, and shall show adequate topographic information for the construction of the driveway on Harbison Avenue. 14. Hydrology and hydraulic studies shall be submitted. All surface run-off shall be collected by private catch basins and directed to the street by sidewalk underdrainage or curb outlets. Water shall not be permitted to pond at the building foundations or at the A.C. pavement areas. All finished grading shall slope away from the perimeter of the buildings toward the pad swales at a minimum 2 percent grade. Slopes less than 2 percent will not be accepted. 15. A soils engineering report shall be submitted for the Engineering Department's review and shall address the stability of all existing and proposed slopes on the property, criteria for retaining wall design, maximum allowable soil bearing pressure and the required pavement structural sections for the proposed parking and driveway areas. 16. A sewer permit shall be obtained. The method of sewage disposal shall be shown on the grading plans. 17. The existing, undedicated improved street consisting of a 131 ft. by 40 ft. parcel of land along 8th Street shall be dedicated to the City. 18. The existing curbing and the sidewalk on 8th Street shall be kept free from weed growth by the use of special weed killers. 19. All abandoned driveways shall be removed and replaced with full height curb, gutter, and sidewalk and shall be shown on the plans. The new driveway shall be per Regional Standard Drawing "G-14". CONTINUED ON PAGE 5 Resolution No. 92-111 Page 5 of 9 20. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, landscaping, drainage, paving and street improvement work shall be posted. Three percent (3%) of the estimated cost shall be deposited with the City for plan checking and inspection costs at the time the plans are submitted. The bond shall be submitted prior to the issuance of any construction permits. 21. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all grading operations on private property. 22. The street curb return at the northwest corner of 8th Street and Harbison Avenue shall be increased to a 30 ft. radius, complete with pedestrian ramp and new sidewalks. This will require the dedication of additional right-of-way at the intersection and the relocation of the existing traffic signal poles and appurtenances. Separate street improvement plans and traffic signal plans shall be submitted for the required widening at the curb return area for review and approval by the Engineering Department. A new traffic mast -arm shall be required as determined by the City Engineer. 23. The street frontage on Harbison Avenue shall be designated as a "No Parking Zone" in the following manner: a. Install 20 ft. red zones on both ends of the proposed driveway for visibility purposes. b. Install a 25 ft. red zone for signal operation at the intersection of 8th Street and Harbison Avenue, after widening of the curb return to the required 30 ft. radius and relocation of the existing traffic signal. c. The entire street frontage along the project site on Harbison Avenue shall be red curbed. The installation of the No Parking zones shall require approval of the Traffic Safety Committee and City Council. CONTINUED ON PAGE 6 Resolution No. 92-111 Page 6 of 9 24. A 15 ft. by 5 ft. portion of the existing sidewalk on Harbison Avenue (near the power pole) shall be removed and replaced due to deterioration. Also the existing A.C. pavement on Harbison Avenue and on 8th Street shall be crack sealed with emulsified cold applied crack filler. In the event of encountering cracks greater than 1 inch, they shall be billed with hot mix asphalt (Type III-D AR4000). Other alternatives to eliminate the cracks on the street pavements shall be subject to approval of the Engineering Department. 25. The required fire flow for the project will be 1500 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 prior to approval of any building permits. If improvements are necessary, the applicant shall enter into an agreement with the Sweetwater Authority for installation of those improvements. 26. Fire extinguishers with a minimum rating of 2A:10BC shall be provided subject to approval of the Fire Marshal. 27. Approved smoke detectors shall be provided for each of the apartment units. 28.. The building addresses shall be clearly visible from the street and on a contrasting background. 29. The plans shall be revised in order to accommodate the required 10 foot setback from E. 8th Street and Harbison Avenue as affected by the increase in the curb return radius. 30. All awnings shall be of canvas, matte finish vinyl or fabric as approved by the Planning Director. 31. A permanent barbecue grill shall be provided within the court yard area. 32. A decorative screen of wrought iron, lattice or similar material shall be installed along the easterly opening of the carport subject to the approval of the Planning Director. CONTINUED ON PAGE 7 Resolution No. 92-111 Page 7 of 9 33. The wall surrounding the southerly portion of the courtyard shall not exceed 6 feet in height. 34. The trash enclosure shall be designed and constructed in accordance with the City's standard specifications. 35. Parking lot striping and dimensions shall be in accordance with Chapter 18.58 of the Municipal Code. Wheel stops and/or bumper guards shall be provided for each parking stall. 36. The westerly window in Unit 3 (living room) shall be relocated so as to not intrude into the private patio area for Unit 2. A physical separation shall be provide to prevent the use of the private open space for Unit 2 as a common accessway. 37. Signs shall be as proposed and shown on Exhibit "A -revised", Case File No. PD- 1992-1, dated 5/19/92. No pole signs shall be permitted. 38. A complete landscape and irrigation plan shall be submitted in conjunction with the building plans. The plans shall reflect water efficient landscape design and shall be designed to provide screening for the residences to the north. Within the court yard, shade tolerant landscaping shall be required. The plans shall be prepared in accordance with the National City Landscape Guidelines. They shall depict large, evergreen trees, a minimum specimen size of 24 inch box, along the northerly property line. 39. Except as otherwise required by these conditions of approval, development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A -revised", Case File No. PD-1992-1, dated 5/19/92. 40. Before this planned development 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 planned development 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 CONTINUED ON PAGE 8 Resolution No. 92-111 Page 8 of 9 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 Planned Development Permit No. PD-1992-1 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved by the Planning Director prior to recordation. 41. Use of the property shall be limited to residences and commercial activities allowed in the CL (Limited Commercial) zone which do not generate a need for truck traffic and parking as identified by the list of uses maintained in this case file or as determined by the Planning Director. 42. 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. 43. Graffiti resistant materials shall be applied to the exterior walls of the building to a height of not less than 6 ft. Any graffiti shall be removed within 24 hours of its observance. 44. The sale of alcoholic beverages shall be prohibited. 45. The entrance to Unit 1 shall be relocated from the southerly elevation to the easterly elevation. 46. The residential component of the project shall be secured by decorative fencing and gating (e.g. wrought iron) subject to approval by the Planning Director as to location and design. 47. The area adjacent to Unit 1, identified as an alternative loading area on Exhibit A - revised (dated 5/19/92), shall be maintained as open space. 48. The plans shall be revised to create two 2-bedroom units (#'s 2 & 5) and maintain the window alignment on the southerly elevation as shown on Exhibit A, dated 2/15/92. 49. All commercial businesses shall close no later than 10:00 p.m. daily unless otherwise authorized by City Council. CONTINUED ON PAGE 9 Resolution No. 92 -111 Page 9 of 9 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 Procedures Section 1094.6. PASSED and ADOPTED this 16th day of June, 1992. GEORGE . WATERS, MAYOR A I"I EST: 0 L/.Vuvv S a LOR ANNE PEOPLES CI TY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY