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HomeMy WebLinkAboutCC RESO 93-180RESOLUTION NO. 9 3 -18 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT FOR CONSTRUCTION OF A 16-UNIT APARTMENT COMPLEX AT THE NORTHEAST CORNER OF HARBISON AVENUE AND 16TH STREET. APPLICANT: LEAH ISAAC, DBA OREN BUILDERS CASE FILE NO. PD-1993-4 WHEREAS, the appeal to the City Council of the Planning Commission's denial of Planned Development Permit (PD-1993-4), including installation of a six-foot fence within the required setback along Harbison Avenue, was considered by the City Council of the City of National City at a public hearing held on November 9, 1993, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. PD-1993-4 and IS-1993-19 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, it is the policy of the City, set forth in Section 18.140.010 of the Municipal Code, to encourage residential development in commercial zones, where appropriate, to protect established single- family neighborhoods from development which might effect the stability of the neighborhood and the quality of life; and, WHEREAS, exceptions to the design regulations for developments of this type may be granted based upon the findings/conditions for a variance described in Section 18.114.020 of the Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this 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 hearing held on November 9, 1993, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the project is in accordance with density requirements and provides parking, unit sizes and open space as required by the Land Use Code. CONTINUE ON PAGE 2 Resolution No. 9 3-18 0 Page 2 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 is located at the intersection of 16th Street and Harbison Avenue, both designated collector streets of adequate capacity to carry the 96 average daily trips the project is expected to generate. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is separated from commercial development to the south and west by 16th Street and Harbison Avenue respectively, and residential development abuts the site to the north and east. The orientation of balconies and patios, in addition to landscaping along the north and east property lines, will reduce any loss of privacy for those residences. The transition from one to two-story building height reduces the scale of the buildings and provides transition to the surrounding single -story development. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since the project will result in the residential development of a commercially zoned property, will eliminate a currently vacant and unsightly parcel, and will provide additional housing opportunities in accordance with General Plan policies. 5. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, installation of a six-foot fence within the required setback along Harbison Avenue is warranted, because 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 the location of the buildings along Harbison Avenue precludes construction of a six foot high fence for security other than within the required setback. 6. That the requested installation of a six-foot fence within the required setback along Harbison Avenue is subject to such conditions which will assure that approval 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 location of the buildings on the site is such that construction of a six foot security fence in accordance with setback requirements would limit effectiveness. The location of the fence also provides additional open space. 7. That the installation of a six-foot fence within the required setback along Harbison Avenue does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since fencing is a permitted use in the Limited Commercial zone. CONTINUED ON PAGE 3 Resolution No. 9 3— 180 Page 3 BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-1993-19, 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, including installation of a six-foot fence within the required setback along Harbison Avenue, is approved subject to the following conditions: 1. The buildings shall be designed and constructed in accordance with the 1991 editions of the Uniform Building Code, Uniform Mechanical Code and Uniform Plumbing Code, the 1990 National Electrical Code, Title 24 (energy requirements for residential buildings), and federal accessibility standards (ADA). 2. The units and site shall comply with all applicable requirements of Title 24 state handicap regulations for apartments which became effective January 1, 1990. 3. The developer shall provide 1.6 gallon water closets or flushometer valves and 1 gallon flushometer valves in bathrooms per Section 17921.3(b) of the State Health and Safety Code. 4. Engineering calculations shall be submitted in conjunction with any new building construction plans. 5. Balconies, landings, decks and eave overhangs located within five feet of the interior property lines shall be of heavy timber or one -hour fire -resistive construction (Uniform Building Code, Section 1710). 6. The floor plan shall show water heater locations. 7. Attic ventilation shall be in accordance with minimum requirements of the Uniform Building Code (Uniform Building Code, Section 3205). 8. Enclosed balconies shall have deck drains, an over -flow drain or over -flow scuppers (Uniform Building Code, Section 3207). 9. 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). CONTINUED ON PAGE 4 Resolution No. 9 3-18 0 Page 4 10. Occupancies 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 1202(b)). 11. Any building having over 6,000 square feet of floor area shall comply with requirements for 2-hour area separation walls as per Table 5C (Uniform Building Code, Section 505(e)). 12. A complete, fully -dimensioned floor plan shall be provided for each floor of each building. 13. Grading and drainage plans which show all proposed and existing on -site and off -site improvements shall be submitted. The plans shall be prepared by a registered civil engineer in accordance with the City's standard requirements. The plans shall be subject to approval of the City Engineer. 14. Separate street improvement plans prepared by a registered civil engineer showing all existing and proposed improvements shall be submitted. The plans shall be in accordance with City requirements and shall address or show the following: a. The widening of the curb return at 16th Street and Harbison Avenue to a 30 ft. radius return complete with a pedestrian ramp, existing top of curb profiles on both Harbison Avenue and 16th Street, new curb profiles at abandoned driveway openings and centerline profiles. b. The reconstruction of the sidewalks along both property frontages. c. The crack sealing of the existing pavement on 16th Street and Harbison Avenue with emulsified cold applied crack filler. All cracks greater than 1 inch shall be filled with hot mix asphalt (C2AR 4000). Prior to crack filling, the crack locations shall be cold milled to provide uniform surface with the existing A.C. pavement. After the completion of crack sealing, the street pavement on 16th Street and on Harbison Avenue shall be slurry sealed half width along the property frontage. The slurry seal and the milling operations shall be in accordance with Sections 302- 4 and 302-5 of Standard Specifications for Public Works Construction (1991 edition). The crackfilling shall extend to the centerline of each street and extend for the entire property frontage. d. The proposed driveway profile and top of curb profile on 16th Street shall be shown. The driveway apron shall be per Regional Standard Drawing "G 17" (alley apron) and shall include a pedestrian ramp at each end. CONTINUED ON PAGE 5 Resolution No. 9 3 -18 0 Page 5 e. The replacement of cracked portions of the existing curb and gutter as directed by the City Engineer. 15. Hydrology and hydraulic studies (on -site and off -site) shall be submitted. All surface run- off (including landscaping) shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or curb outlets. Adjacent properties shall be protected from surface run-off resulting from this development. Runoff from landscaping areas shall not be permitted to pond at the public sidewalk. 16. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all existing and proposed slopes on the property, the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed parking areas. 17. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading and drainage plan and shall be subject to approval of the City Engineer. Any existing lateral smaller than 6 inches in size shall be abandoned. 18. A 10 foot wide piece of land (approximately 85 feet long) shall be dedicated for street purposes along Harbison Avenue. Additional right-of-way dedication may also be necessary at the corner of 16th Street and Harbison Avenue in order to accommodate the new 30 foot radius curb return. The engineer of work shall verify the need for additional dedication. 19. The existing street improvements along the property frontages shall be kept free from weed growth by the use of special weed killers or other approved methods. All weed growth shall be eliminated prior to final inspection. 20. All abandoned driveways shall be removed and replaced with full height curb, gutter, and sidewalk. All driveways existing and proposed shall be shown on the plans. 21. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and for all grading operations on private property. 22. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, drainage, street improvement, landscaping, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall be deposited with the City for inspection costs at the time the plans are submitted. The performance bond shall be posted and the grading permit shall be issued prior to the approval of the building permit. CONTINUED ON PAGE 6 Resolution No. 9 3— 180 Page 6 23. For site visibility purposes, a "NO PARKING" zone (red zone) shall be installed on each side of the proposed driveway on 16th Street. The length of the red zones shall be 20 feet each. 24. The site, grading and street improvement plans shall show the following: a. Half street widths and half right-of-way widths. b. Property line radius at the corner of Harbison Avenue and 16th Street and its relationship to Building 1. c. On -site guy wires for the existing power pole on 16th Street. d. Complete property dimensions. e. Existing telephone manhole on 16th Street. f. Existing bus stop and red zone on 16th Street. (The plans shall show the relocation of the bus zone, if necessary). 25. A title report shall be submitted to the Engineering Department for review of all existing easements and ownerships of the property. There shall be no building encroachments upon any private, utility or public easements. 26. The developer shall contribute to the City twenty-five percent (25%) of the cost of the installation of future traffic signals at the intersection of 16th Street and Harbison Avenue prior to the issuance of any work permits. 27. The developer shall coordinate with National City Transit for the relocation of the bus zone and sign on 16th Street, if such relocation is necessary. The plans shall show the new location of the bus stop, and the additional red curbing required for the bus zone. 28. The developer shall verify with the Engineering Department that no underground fuel tanks remain at the site from the previously existing gasoline station, and that any ground contamination has been corrected and eliminated. CONTINUED ON PAGE 7 Resolution No. 9 3-18 0 Page 7 29. The required fire flow will be 2500 GPM for 2 hours at a minimum 20 PSI residual. Sweetwater Authority must verify in writing to the Fire Department that this flow can be met. It is the owner's responsibility to contact Sweetwater Authority for this letter. If improvements are necessary, the developer shall enter into an agreement with Sweetwater Authority to install the necessary improvements prior to issuance of any building permit. 30. A fire apparatus turn -around shall be provided at the dead end of the parking lot in accordance with the National City Fire Department standards. In lieu of the turnaround, the buildings shall be provided with a fire suppression sprinkler system. The plans for the sprinkler system shall be prepared by a qualified and licensed sprinkler contractor in accordance with the National City Fire Department requirements and approved by the Fire Marshal prior to any work being started. 31. Fire lanes shall be provided as necessary in accordance with the Uniform Fire Code. 32. The building address(es) shall be visible from the street and on a contrasting background. Each apartment unit shall be visibly identified. 33. Each apartment unit shall have an approved smoke detector. 34. The automatic gate shall have a backup power source or a Knox Box installed with a key to access the gate in the event of a power or mechanical failure. 35. Fire extinguishers with a minimum rating of 2A:10BC shall be provided for each building. A separate fire extinguisher shall be provided for the laundry room . 36. One apartment shall be designated as an on -site manager's residence. 37. Plans for walls/fencing shall be submitted for review and approval by the Planning Director. The walls along the northerly and easterly property lines shall be of solid masonry construction not less than six feet in height. The walls along the southerly and westerly property lines shall consist of a minimum of three feet masonry with three feet of wrought iron. Masonry walls shall have a stucco finish to match the buildings. 38. Bumper guards and/or wheel stops shall be provided for each parking stall. Striping shall be in accordance with Section 18.58 of the National City Land Use Code. 39. The parking lot grade shall not exceed 4 percent. CONTINUED ON PAGE 8 Resolution No. 9 3-18 0 Page 8 40. Except as otherwise required by conditions of approval, development of this site shall be in accordance with the provisions of the National City Land Use Code. 41. A minimum of 2 clothes washers and 2 clothes dryers shall be provided in the laundry room. 42. Plans shall depict the use of water conserving plumbing fixtures. 43. A landscape and irrigation plan, prepared in accordance with National City's Landscaping Guidelines, shall be submitted for review and approval by the Planning Director. The landscape plan shall include evergreen trees along the northerly and easterly property lines to provide privacy. The number, type, size and spacing of these trees shall be subject to approval of the Planning Director. 44. Additional trim shall be installed around each window subject to approval of the Planning Director. 45. Sacrificial graffiti resistant materials shall be applied to the exterior building walls to a height of not less than 6 feet. The entire freestanding, decorative wall along East 16th Street and Harbison Avenue and along the northerly and easterly property lines shall have a sacrificial graffiti resistant material applied to it. Any graffiti shall be removed within 24 hours of its observance. 46. The trash enclosure shall be designed and constructed in accordance with National City's minimum specifications. 47. All utility companies shall be notified a minimum of 48 hours prior to filling of utility trenches. 48. The carports shall be designed to reflect the construction of the apartment buildings. Hipped roofs and tile roofing materials shall be utilized. A minimum of 16 covered parking stalls shall be provided. 49. Development plans shall be submitted and approved by the Planning Director in conformance with Exhibit "A", (dated 6/17/93), Case File No. PD-1993-4. 50. Conversion of the recreation room and/or laundry and office to residential units or storage facilities is prohibited. CONTINUED ON PAGE 9 Resolution No. 9 3— 180 Page 9 51. 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 it 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 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 -1993-4 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. 52. Use of the property as authorized by this permit shall be limited to a 16 unit apartment complex and permitted accessory structures. 53. 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. 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 16 th day of November , 1993. .:I GEORGE H. ATERS, MAYOR ATTEST: L ANNE PEOPLES, CIT CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY