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HomeMy WebLinkAboutCC RESO 99-198RESOLUTION NO. 99-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR THE CONTINUED USE OF AN AUTOMOBII F AND TRUCK IMPORT/EXPORT STORAGE YARD AND NEW PAVING TO ACCOMMODATE EXPANSION OF THE FACILITY LOCATED IN THE HARBOR DISTRICT SPECIFIC PLAN AREA AT THE NORTHWEST CORNER OF 32ND STREET AND THE PROPOSED HARRISON AVENUE EXTENSION APPLICANT: PORT OF SAN DIEGO CASE FILE NOS. CDP-1999-2 AND CUP-1999-3 WHEREAS, Coastal Development Permit application CDP-1999-2 and Conditional Use Permit application CUP-1999-3 were considered by the City Council of the City of National City at a public hearing held on September 28, 1999, at which time oral and documentary evidence was presented, and were reconsidered on December 7, 1999; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File Nos. CDP-1999-2 and CUP-1999-3, 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 hearing held on September 28, 1999, support the following findings: FINDINGS FOR APPROVAL OF COASTAL DEVELOPMENT PERMIT 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252, since the project site is designated for interim use as a maritime cargo storage lot, and provisions have been made for the expiration of the use to allow future development of a hotel on the site. Also, conditions of approval required by the Harbor District Plan for the proposed development will be incorporated into the permit. 2. That granting of the Coastal Development is consistent with all other plans and ordinances of the City, since the procedures for its approval, specified in the Harbor District Specific Area Plan, carry out the intent of the General Plan and Land Use Code for future tourist commercial use. Page 1 of 8 FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the property already maintains the permitted use and will be expanding to meet increased demand. 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 property has access to Tidelands Avenue via 32d Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the property will be screened from the future Harrison Avenue Public Access Corridor and is subject to conditions to prevent runoff from reaching other properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it supports the import and export of automobiles, a vital component of the local economy and a marine -related, Port activity. BE IT FURTHER RESOLVED that the City Council has considered the Harbor District Specific Plan Supplemental Environmental Impact Report, and finds on the basis of said report that the project will not have a significant effect on the environment, and that the Supplemental Environmental Impact Report adequately addresses the environmental effects of the project, since there are no changes in the project or required mitigation measures as addressed in the Supplemental Environmental Impact Report. BE IT FURTHER RESOLVED that Coastal Development Permit application no. CDP- 1999-2 and Conditional Use Permit application no. CUP-1999-3 are approved subject to the following conditions: 1. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A Revised, Case File No. CUP 1999-3/CDP-1999-2, dated June 29, 1999. 2. Detailed plans shall be submitted showing the setback area between the Harrison Avenue curb and the required fence for the storage area as required by the Harbor District Specific Area Plan. Plans shall be in conformance with Exhibit A Revised, dated June 29, 1999 and shall include the details described in condition 9. 3. Plans shall show compliance with National City Harbor District Specific Area Plan drainage requirements (Section 3.3.3.11) as follows: a. Storm drain runoff into Paradise Marsh shall be prohibited. b. All storm water drainage shall be to storm drains. c. The new paving portion of the project shall implement treatment or structural control Best Management Practices (BMPs), including, but not limited to, biofilters, detention basins, infiltration systems, and regular sweeping of impermeable surfaces to remove pollutants from streets, parking lots, and landscaped areas, including prior to the start of the rainy season to minimize the flow of storm runoff pollutants into the storm drain system. Page 2 of 8 d. Storm water entering or originating within the Planning Area shall be periodically monitored, in cooperation with the San Diego Regional Water Quality Control Board, SDUPD, Caltrans, other public agencies, and public utilities, and reported to the public and property owners. e. Additional remediation measures and requirements may be imposed if the standards set forth in this section are deemed inadequate, based on the monitoring results, to ensure protection of the biological resources of Paradise Marsh from the adverse effects of drainage originating in the Planning Area. 4. All grading within the Planning Area shall be carried out in a manner that will prevent adverse impacts to Paradise Marsh and other delineated wetlands, as well to the upland margin habitat buffer. All grading and construction shall be consistent with National City Harbor District Specific Area Plan requirements (Section 3.3.3.12) as follows: a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. Prior to issuance of a grading permit, "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked on grading plans around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer set forth in Section 3.4 of the Harbor District Specific Area Plan. c. Project grading specifications, to be submitted for approval along with grading plans, shall also delineate all construction access routes, including those located outside of existing City streets and/or the construction site. d. Project grading plans shall also designate the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. The biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries. g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h. Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area set forth in Section 3.4 of the Harbor District Specific Area Plan. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. k. Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. Page 3 of 8 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. m. The erosion control plan shall be included in project grading plans, and reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. 5. Plans shall show compliance with the additional construction requirements for the National City Harbor District Specific Area Plan (Section 3.3.3.13) as follows: a. The applicant shall be required to inform all construction contractors in writing as part of the bidding process about the biological constraints of project sites within the Planning Area. b. "NO ENTRY NO GRADING, NO CONSTRUCTION, NO STAGING" zones around the perimeters of Paradise Marsh, adjacent delineated wetlands, and (after completion of the Harrison Avenue Public Access Corridor and the upland margin habit buffer) wetland habitat buffers, shall be clearly marked on construction drawings provided to the contractor(s). c. All such "NO ENTRY NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be flagged and staked in consultation with the project biologist prior to commencement of any grading or construction. d. The "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zone markers shall be maintained throughout the construction period. e. Construction -related vehicles shall be limited to existing roads, or clearly marked new access routes approved as part of and consistent with, coastaldevelopment and grading permit requirements. f. Prior to commencement of construction, construction access routes shall be marked by flags, stakes, or similar devices, and those markings shall be maintained throughout construction. g. All vehicles shall be required to stay within such designated routes, even if backing out is required for egress from the site. h. Contractor equipment shall be checked for leaks prior to utilization in the Planning Area, at the beginning of each construction day, and be certified by the contractor in writing to be leak -free. i. A mandatory contractor education program shall be conducted by a qualified biologist with practical experience in construction to fully inform contractors and all construction personnel, without exception, of the biological resources associated with projects in the Harbor District, including about: (a) The nature of, and purpose(s) for, the resource protection; (b) Field identification by contractors of sensitive resource areas, including buffers, as shown on project maps or marked on the ground by flags, fencing, or by other means; (c) Biologically sensitive construction techniques, and prohibited activities within delineated wetlands or wetland habitat buffers, including staging areas, Page 4 of 8 equipment access, and disposal or temporary placement of new or excavated materials, earth, or any other substance; (d) The City's methodology for promptly addressing questions or resolving conflicts that may arise during construction; and, (e) Consequences of non-compliance, including penalties and enforcement. j. Permit applicants are responsible for any adverse impacts to wetland, wetland habitat buffer, other biological resources, or other coastal resources, which may occur as a result of, or related to, construction activities, and in addition to other remediation or penalties that may be imposed, shall be required to replace or restore any impacted resources at a ratio of at least 1:1. 6. In the event that archaeological or paleontological resources are encountered during any construction or development phase of a project, all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, c. mitigation measures have been developed to address the impacts of the construction activities. 7. Adequate outdoor waste and litter receptacles shall be located within the project area to serve the property. The receptacles shall be covered, secured to prevent overturning, and designed to prevent intrusion by animals. The receptacles shall be frequently emptied and shall be marked with multi-lingual educational signs, including English and Spanish at minimum. 8. Lighting must be directed away from Paradise Marsh and the adjacent habitat buffer. 9. Screened fencing shall be provided along the eastern boundary of the project area. A fencing plan and a landscape plan to provide for 80% areal coverage for the fence within two years (per Harbor District Specific Plan section 5.2.3(b)) shall be submitted. Both the fencing and landscape plans shall require the approval of the Planning Director prior to installation, and shall include a fence of chain -link or construction from six to ten feet in height. The vine type shall match vines planted adjacent to the site as part of the installation of Harrison Avenue. The Port shall maintain all landscaping on the property. 10. Stored materials shall be located only on the paved area identified on the plans. The maximum height of stored items shall not exceed the height of the screened fence. 11. Truck traffic shall not utilize Harrison Avenue or 32nd Street east of the Mean High Tide Line. No ingress or egress shall be permitted in these areas, and signage shall be posted on the property to direct truck traffic. Project plans shall indicate where truck access and loading associated with the facility will occur. 12. Use of the Harrison Avenue Public Access Corridor or 32nd Street east of the Mean High Tide Line for employee parking, truck traffic, truck or trailer parking, or loading and unloading of equipment is prohibited. Page 5 of 8 13. Drainage of storm water runoff into Paradise Marsh or any other delineated wetland within the Harbor District Planning Area is prohibited. Runoff shall be directed away from Paradise Marsh. Three -chambered oil -grease -sediment traps must, or other appropriate filter mechanisms, shall be installed within the new storm drain system extension, including intakes in streets, parking lots, and other paved areas. To ensure effective functioning, traps shall be cleaned prior to November 1 each year, and inspected and cleaned either monthly through April 30, or within one week of every rainfall totaling 1/2-inch or more in a 24-hour period, whichever is more frequent. Records of inspections shall be provided to the City upon request. 14. There shall be a minimum of two fire hydrants located within the project area with a travel distance not to exceed three hundred feet. 15. Minimum fire flow shall be one thousand five hundred (1,500) gallons per minute with a twenty (20) pounds per square inch residual. Fire flow verification to be obtained from Sweetwater Authority. 16. A grading and drainage plan shall be submitted showing 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 me2sures for prevention of storm water pollution and hazardous material runoff to the public storm drain 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. Grading plans shall also conform to the detailed requirements of the Harbor District Specific Area Plan, described above in conditions 3, 4, 5, and 6. 17. A construction storm water permit shall be obtained from the Regional Water Quality Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 18. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 modified. 19. Street easements shall be provided as required by the Community Development Commission for 32nd Street and Harrison Avenue. 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers or other approved methods. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land Page 6 of 8 surveyor or civil engineer after completion of the work A corner record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 22. The existing curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 23. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 24. In the event that plans for the project conflict with plans for the Harrison Avenue extension, plans for the project shall be modified as deemed appropriate by CDC in order to provide consistency with the Harbor District Specific Area Plan. 25. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both 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 and Coastal 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 the Conditional Use Permit and Coastal Development Permit 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. 26. Use of the property as authorized by this Conditional Use Permit shall be limited to a maritime cargo storage area for the storage of automobiles and trucks. 27. This Conditional Use Permit and Coastal Development Permit shall be for the period concluding on June 30, 2002, pursuant to the Memorandum of Understanding (MOU) between the CDC and the Port District dated June 26, 1997. The CUP shall be subject to the following additional restrictions: a. When a lease is executed for the construction of the marina, the Port District will make the B-2 property available for lease to a qualified developer for (1) a use associated with the marina, or (2) other compatible commercial recreation use. b. In the event that the monitoring of the cargo storage area and landscaped security fencing identifies potentially significant adverse effects from these facilities on coastal resources, including, but not limited to listed threatened and endangered species, the provisions of Chapter 3 (the Wetland Habitat Conservation Program) of the Harbor District Specific Area Plan apply. c. If a lease document for the marina as described above is not executed before July 1, 2002, then the Port District may apply for an amendment to the conditional use permit and coastal development permit for marine -related cargo storage to extend their terms, respectively, by five (5) years, subject to a finding of continued consistency with the policies of Chapter 3 of the Harbor District Specific Area Plan and the continuance of all previous conditions of approval. Said permits may be renewed for subsequent five year terms, provided Page 7 of 8 that the City makes a finding, after consultation with the United States Fish and Wildlife Service, the California Department of Fish and Game, and the Coastal Commission that there are no materially changed circumstances either in the development or use, or in the natural and restored resources of Paradise Marsh, adjacent delineated wetlands, or public access to and along the shoreline, and to recreational areas. d. In the interim, any lease executed by the Port District for the B-2 property and any new lease or extension of existing lease for the 5.2 acres proposed for commercial recreation development shall contain a clause terminating the lessee' s interest in the lease and right of possession upon the latter of 180 days or the date specified by the CDC in a notice directed to the Port District to terminate the lease, quit the premises, and remove any stored material or cargo. 28. Paradise Creek Educational Park, Incorporated, shall be notified of the time grading is to begin and afforded the opportunity to remove native vegetation for relocation off - site. 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 14th day of December, 1999. George H. Waters, Mayor ATTEST: Michel R. Dalla,JJL Clerk APPROVED AS TO FORM: George H. Riser, III City Attorney