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HomeMy WebLinkAboutCC RESO 98-86RESOLUTION 98 - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A SPECIFIC PLAN AMENDMENT FOR A COMMERCIAL CENTER ON THE NORTH SIDE OF 8TH STREET, BETWEEN N AVENUE AND PALM AVENUE. APPLICANT: HARRY GUTERMAN, LEADER DEVELOPMENT, RICHARD BINKERT, NOEL DEVELOPMENT CASE FILE NO. M1-SP-1993-1 WHEREAS, the City Council of National City at its meeting of August 11, 1992 adopted Resolution No. 92-152 directing according to California Government Code Section 65450 (et. seq.) that a specific plan be prepared for certain real properties in the area on the north side of 8th Street, between N Avenue and Palm Avenue; and WHEREAS, application was made and approved for Specific Plan SP-1993-1 for development of a commercial shopping center in accordance with above said Council direction; and WHEREAS, proceedings were initiated for the amendment of the specific plan in accordance with procedures of the Land Use Code; and WHEREAS, the Planning Commission of the City of National City considered a specific plan amendment application for a commercial center on the north side of 8th Street, between N Avenue and Palm Avenue at a duly advertised public hearing held on April 6, 1998 and continued to the meetings of May 4, May 18, and June 1, 1998 at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission did consider the proposed Negative Declaration No. IS-1997-12, together with comments received during the public review process and all evidence and testimony presented at the public hearing; and WHEREAS, the Planning Commission adopted Resolution No. 6-98 recommending approval of the specific plan amendment for properties on the north side of 8th Street, between N Avenue and Palm Avenue; and WHEREAS, the City Council of the City of National City, considered a specific plan amendment application for a commercial center on the north side of 8th Street, between N Avenue and Palm Avenue at a duly advertised public hearing held on July 14, 1998, at which time oral and documentary evidence was presented; and CONTINUED ON PAGE 2 Page 2 of 10 Resolution No. 9 8 — 8 6 WHEREAS, at said public hearing the City Council of the City of National City considered Planning Commission Resolution No. 6-98 and the proposed specific plan (Exhibit 2A, Case File No. M1-SP-1993-1) and the staff report contained in Case File No. M1-SP-1993-1, which is maintained by the City and incorporated herein by reference, along with the evidence and testimony at said hearings; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; and WHEREAS the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THE EFORE, BE IT RESOLVED by the City Council of the City of National City, California, th t the testimony and evidence presented at the public hearing support the following findings: 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the proposed project is consistent with the Limited Commercial General Plan designation which provides for small scale, limited convenience retail shopping facilities at the neighborhood level. 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 the identical zone classification, since the area of developable land is limited by the change in elevation from the street to the properties to the rear by the slope which measures approximately twenty feet in height. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-1997-12, 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. NOW, THEREFORE, the City Council adopts Specific Plan Amendment M1-SP-1993-1 subject to the following conditions: CONTINUED ON PAGE 3 Page 3 of 10 Resolution No. 9 8— 86 1. A grading and drainage plan for approval by the City Engineer shall be submitted which will show all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to public storm drain system from the proposed parking lot shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the NPDES regulations. Checklist for preparation of the grading and drainage plan is available at the Engineering Department. The grading plan must include provisions for prevention of construction site erosion and sediment run-off into the public right-of-way during the grading operations. Other items to be shown on the plan are: • The location, type and profile of the retaining wall/crib wall, and the wall drainage system. • Procedures to be utilized for temporary cuts into the slope during the construction. Specifically, provide representative cross -sections for the retaining wall construction, and identify potential problems, if encroaching into the adjacent property. • The existing stone wall along the northerly property line, the slope treatment, and how the run-off channeled through the weepholes in the wall will be conveyed. Any impact on this wall due to the project is to be considered and analyzed, using current standards, including methods for wall protection, or retrofitting, if necessary. This requirement shall apply only if the stone wall is located outside of the project boundary (not within this property). If the wall is inside of the Palm Plaza property, it shall be completely demolished, and a new standard retaining wall constructed with complete details shown on the grading plan, including elevations, and sections. Any related structural calculations shall also be submitted to the Engineering Department for review and approval. 2. A drainage study shall be submitted for approval by the City Engineer. 3. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by drainage facilities approved by the City Engineer, and directed to the street by curb outlets. No spraying or run-off of irrigation water over the public sidewalk will be allowed. CONTINUED ON PAGE 4 Page 4 of 10 Resolution No. 9 8— 8 6 4. A current soils engineering report shall be submitted for the Engineering Department's review and approval. The report shall address the stability of the existing slopes on the property, including the stability study of the hillside and protection of the buildings and structures on top of the slopes. This includes analysis of the existing stone wall along the northerly property line. It shall also address the adequacy of the building pads, the criteria for the proposed block/crib wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed parking areas, and the driveways. The street pavement sections shall be in accordance with National City Standard Drawing 113-SB as a minimum. 5. A sewer permit and payment of sewer fees will be required. The method of sewage collection and disposal shall be shown on the grading plan. The new sewer laterals in the City right-of-way shall be 6 inch in diameter with clean -outs. A sewer stamp "S" shall be provided on the curb to mark the location of each lateral. Each building is to be separately and independently connected to sewer. The developers shall install their own laterals and resurface the trenches on 8th Street. 6. The existing street improvements along the property frontage shall be kept free from weed growth by the use of special weed killers, or other approved methods to the satisfaction of the City Engineer. 7. The driveways on 8th Street shall be alley entrance type driveways with pedestrian ramps. A 10 ft. radius for the driveway returns will be acceptable. Construct additional sidewalk to accommodate the pedestrian ramps (type "D"). Show the driveway spacing and locations (centerline station, or distance to property line) on all plans. The curbside parking between the two easterly driveways shall be eliminated by creation of a new red zone. The westerly driveway (with the pedestrian ramp on each side) will interfere with the existing fire hydrant. Therefore, relocate this hydrant away from the pedestrian ramp. Provide additional sidewalk behind the hydrant for pedestrians. The grading plan shall show driveway profiles and grades. Driveway widths and locations shall comply with the Regional Standard Drawings. 8. A permit shall be obtained from the Engineering Department for all improvement work within the Public right-of-way, and construction grading on private property. CONTINUED ON PAGE 5 Page 5 of 10 Resolution No. 9 8— 86 9. A cost estimate shall be submitted with the plans. A performance bond acceptable to the City Attorney equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit may be subject to adjustment. The developers shall execute an indemnity agreement indemnifying the City of National City and its officials and employees from all liability or loss arising from construction of improvements on the property. 10. A title report shall be submitted to the Engineering Department for review of any existing easements and ownerships of properties. 11. The developers shall record a boundary adjustment for the relocation of the lot lines conflicting with the proposed building "A," or apply for a lot merger in order to consolidate the three westerly parcels into one lot. 12. A reciprocal drainage agreement will be necessary, based on lot line adjustments, and the merging of parcels needed to revise lot configurations for development properties. 13. The revised traffic impact analysis was reviewed by the Engineering Department. The recommendations contained in the study, such as provision for a two-way left turn lane on 8th Street, and the prohibition of parking on the north side of 8th Street shall be incorporated on plans and implemented. A separate striping plan for the re -striping of 8th Street will be required. The proposed on -site driveway between the properties shall remain 18 ft. wide. 14. Based on the recommendations of the project traffic engineer, the three parking spaces next to the westerly driveway shall be designated as low turnover parking, such as a service vehicle area, delivery zone, or employee parking, in order to minimize potential conflicts with on -coming traffic from 8th Street. As for the remainder of the parking stalls adjacent to the proposed driveways, the planter medians are to be designed and landscaped such that the existing vehicles maintain a clear view of the ingress traffic. 15. A complete up-to-date set of cribwall/retaining wall calculations, using the design criteria of the soils report shall be submitted to the Engineering Department for review and approval. The design of the cribwall must account for surcharge exerted by the structures located adjacent to the top of the slope, if close to property line. 16. The reconstructed slope shall be planted with approved landscaping to protect against post construction erosion. But, planting the existing slopes alone without considerations for stability and protection does not address the engineering concerns and is not acceptable. CONTINUED ON PAGE 6 Page 6 of 10 Resolution No. 9 8 — 86 17. A new street light, owned and maintained by SDG & E, shall be installed on 8th Street at mid -point along the length of the project site. 18. Existing power poles may have to be relocated, if in conflict with the parkway landscaping, but there shall be no conflict with the proposed driveways. The plans must show all poles with the driveways. 19. Minor sidewalk grinding, and curb and gutter removal will be required on 8th Street (approximately 50 feet). 20. Plans submitted for building permits must comply with the 1994 Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code; the 1993 National Electrical Code; and the State Title 24 handicapped and energy regulations. 21. Engineering calculations and soils reports shall be submitted in conjunction with any new building construction plans. 22. A completely dimensioned floor plan shall be provided for each building. 23. The plans shall specify the criteria which justify exceeding allowable area as per Table 5C, U.B.C. 1994. 24. The plans shall show occupancy and building type as per Table 5A, U.B.C. 25. Leasing space in excess of 1,485 square feet to a single tenant will require the provision of two exits. 26. Interior roof drain piping and interior over -flow drain piping shall be provided to convey water from the roofs of the buildings to the ground. 27. Provide 1.6 gallon water closets, or flush-o-meter valves, and 1 gallon urinals, or flush -meter valves, per Section 17921.3(b) of the State Health and Safety Code. 28. Glazing subject to human impact shall comply with Uniform Building Code Section 5406. 29. Parapet and building height shall be indicated on the plans. 30. Plans submitted for building permits must comply with the 1994 Uniform Fire Code. CONTINUED ON PAGE 7 Page 7 of 10 Resolution No. 9 8 — 86 31. The required fire flow will be 2250 GPM for 2 hours at a minimum 20 PSI residual. Sweetwater Authority must verify in writing that this flow requirement can be met. It shall be the owner's responsibility to obtain this written verification. If improvements are necessary to obtain the required pressure, it shall be the property owner's responsibility to enter into an agreement with the Sweetwater Authority to provide the required improvements. 32. Fire lanes shall be provided as required by the Fire Department. 33. The address of each building (and any suite numbers) shall be clearly visible and on a contrasting background. 34. Fire extinguishers (minimum Type 2A: 1 OBC) shall be provided for each tenant. 35. Due to the lack of access on the northerly side of the buildings, it may be necessary to provide additional fire protection measures. The developer shall provide such protection as deemed necessary by the Fire Marshal. 36. Pursuant to California Government Code 53080, full mitigation is required prior to the issuance of a building permit on new structures within the District for the purpose of funding construction of school facilities. 37. Agreements or easements shall be recorded prior to development permit approval where access across parcels is proposed, for access to trash enclosures and truck loading facilities. 38. The parking area for Leader Development properties (APN's. 557-102-03, 21, 23) shall be installed prior to the occupancy of any building on those parcels. The parking area for Noel Development properties (APN's. 557-102-07, 08) shall be installed prior to occupancy of any building on those properties. 39. The owner of Noel Development properties (APN's. 557-102-07, 08) shall reserve an easement for the right of access for the Hutchins property, or the future owners of APN. 557-102-10. 40. Vehicle circulation shall be provided between the parking areas for Leader Development properties (APN's. 557-102-03, 21, 23) and the parking areas for Noel Development properties (APN's. 557-102-07, 08). The driveway design shall be subject to approval of the Planning Director. CONTINUED ON PAGE 8 Page 8 of 10 Resolution No. 9 8 — 8 6 41. The three parking stalls immediately adjacent to the westerly driveway to 8th Street shall be reserved for employee parking only. The two interim parking stalls immediately adjacent to the easterly driveway to 8th Street shall be reserved for employee parking only. All parking stalls shall be marked subject to approval of the Planning Director and City Engineer. 42. A reciprocal parking agreement acceptable to the City Attorney shall be recorded for those portions of the Specific Plan area for which there is a common driveway and parking lot. 43. The parking lot shall be striped with hairpin lines, four to six inches in width. The lines shall form a band around each side of the stall measuring sixteen to twenty-four inches in width. Parking stalls designated solely for use by employees may be striped with single line markings. Such stalls shall be clearly marked for employee parking only. 44. The developer shall notify the local utilities (gas, electric, cable television, water, etc.) a minimum of 48 hours prior to filling of any trenching on the premises. 45. The trash enclosures shall be designed and constructed in accordance with Title 7 of the National City Municipal Code. The exterior walls of the enclosures shall be stuccoed to match the building. The trash enclosures shall be screened from view by the residents to the north of the property, and subject to the approval of the Planning Director. 46. Exterior walls of buildings, freestanding signs, and trash enclosure to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 47. All mechanical equipment, including any roof -mounted equipment, shall be screened in accordance with National City's Design Guidelines. Such screening shall be architecturally integrated with the building in terms of materials, color, shape and size and shall be subject to approval of the Planning Director. CONTINUED ON PAGE 9 Page 9 of 10 Resolution No. 9 8 — 8 6 48. Signs and advertising shall be limited to three monument signs placed along 8th Street. The name of the center or primary tenant may be placed thereon. Placards identifying the tenants of the center may be placed on the sign as well. The sign may be internally illuminated or may have ground -mounted illumination. The sign shall be designed to reflect the architecture of the center and shall be subject to Planning Director approval. The height of the sign may not exceed twelve feet form the lowest point, including the foundation. Tenant identification signs shall be limited to one sign per tenant and shall consist of individual channel letters not exceeding eighteen inches in height. Such signs may include a cabinet sign in which the tenants registered trademark is placed. Any such cabinet may not exceed eighteen inches in height. The signs shall be placed on the stucco canopy, or along the building face below the roof -line. The tenants of the end suites may have a sign of the same configuration, not exceeding twenty-five square feet in area on the end elevations. There shall be no roof -mounted advertising. 49. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The landscaping proposed for the slopes behind the buildings will have to be of a type and quantity that will adequately protect the stability of the hillside. The planting specified must protect against post -construction erosion on the reconstructed slope. 50. Before the Specific Plan Amendment shall become effective, the developers (Leader Corporation and Noel Corporation) shall separately sign for their respective parcels 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 45 days of its receipt shall automatically terminate the Specific Plan Amendment. 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 Specific Plan Amendment 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. 51. If the project is built in the two proposed phases, the required interior driveway between the properties may be used to provide two temporary parking spaces for phase one (building A). The two interim parking spaces will be removed upon the commencement of construction for phase two (buildings B and C). CONTINUED ON PAGE 10 Page l0 of 10 Resolution No. 9 8 - 8 6 52. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit-2A, Case File No. M1-SP-1993-1, dated 7/9/98. 53. If development is phased, the following improvements shall be completed for the entire shopping center site in the first phase: a. Building sites for the second phase of construction shall be landscaped with perennial groundcover and/or shrubbery and 15 gallon or larger sized trees, generally spaced no further than 20 feet on center. b. The entire parking area for both phases of the shopping center shall be completed. c. All required landscaping for the entire shopping center shall be installed. 54. Landscaping plans shall incorporate trees to obscure the view of the slope from 8th Street between M and Palm Avenues. 55. Building plans shall indicate screening of rooftop equipment from view of residential properties to the north of the shopping center. PASSED and ADOPTED this 21st day of July, 1998. GEORGE H. WATERS, MAYOR ATTEST: /i MICHAEL R. D LA, CITY CLERK APPROVED AS TO FORM: ga42111 GEORGE H. EISER III-CITY ATTORNEY