HomeMy WebLinkAboutCC RESO 2003 - 185RESOLUTION NO. 2003 — 185
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR
EXPANSION OF THE RALPHS SHOPPING CENTER
AT THE NORTHEAST CORNER OF PLAZA BOULEVARD
AND EUCLID AVENUE AND A VARIANCE FOR
TWO FREESTANDING SIGNS IN A 20 FOOT SETBACK AREA.
APPLICANT: EVERGREEN DEVCO, INC.
CASE FILE NO. CUP-2003-19/Z-2003-8
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit application for expansion of the Ralphs shopping center at the northeast corner of
Plaza Boulevard and Euclid Avenue and a variance for two freestanding signs in a 20 foot
setback area at the regularly scheduled City Council meeting of December 2, 2003 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 No. CUP-2003-19/Z-2003-8 which is 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, 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 December 2, 2003 support the following findings:
CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the 7.3 acre
shopping center is large enough to accommodate an additional 14,500 square foot retail
building and the required off-street parking.
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 nearby streets, which are major and prime arterial roads, and intersections can absorb
the additional 1,280 ADT generated by the proposed drugstore, and still perform within the
Level of Service standards in the National City Transportation Study.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the proposed building and site improvements will enhance the appearance of the
existing shopping center, and since it will increase the compatibility of the site with the
adjacent multi -family residential uses.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the proposed drugstore will be the most convenient one in the area for the
numerous residents that live in the large apartment complexes adjacent to an nearby the
site.
Resolution No. 2003 —185
December 16, 2003
Page Two
VARIANCE
1. That because of special circumstances applicable to the property, including shape, 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 property's curvilinear frontage along Euclid Avenue coupled
with the height of an apartment complex adjacent to the north of the site makes signs
setback 20 feet from the property tine less effective.
2. That the requested variance is subject to such conditions which will assure that the
adjustment authorized will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which such property is situated,
since the proposed signs meet all other Land Use Code requirements, and since they will
be located in attractive landscape planters, also because development adjacent to the
north is located within the required setback area.
3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property, since one
freestanding sign per property, per street frontage is allowed in the CL zone.
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Conditional Use Permit/ Zone Variance authorizes the expansion of the existing
Ralphs shopping center with the addition of a 14,500 square foot Walgreens drugstore, and
the placement of two freestanding signs (one along Euclid Avenue and one along Plaza
Boulevard) within a 20 foot setback area. Except as required by conditions of approval, all
plans submitted for permits associated with the project shall conform with Exhibits A, B and
C, Case File no. CUP-2003-19/Z-2003-8, dated 7/30/2003.
2. 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. Additional trees, for the purpose of screening, shall be planted along the
north property line adjacent to the proposed building if feasible.
3. A trash enclosure shall be provided in accordance with city standards. It shall have a
stucco exterior to match the building.
4. The proposed six foot block wall along the north property line shall have a finished
appearance that is compatible (split -face block or stucco) with the proposed building.
5. All parking stalls and drive aisles located within the portion of the parking lot that is
proposed to be reconfigured shall meet minimum Land Use Code requirements.
6. Plans must comply with the 2001 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code, and
California Title 24 energy and handicapped regulations.
7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
Resolution No. 2003 —185
December 16, 2003
Page Three
8. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6
feet shall be treated with a graffiti resistant coating subject to approval from the Building and
Safety Director. Graffiti shall be removed within 24 hours of its observance.
9. The property owner shall submit a letter to the Sweetwater Authority stating fire flow
requirements. The owner shall enter into an agreement with the Authority for any water
facility improvements required for the proposed project.
10. Before this Conditional Use Permit/ Zone Variance 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/ Zone
Variance. 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/
Zone Variance 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.
11. 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.
12. A grading and drainage plan shall be submitted showing all of the proposed and existing
on -site and off -site improvements. The plans 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 the public storm
drain system from the proposed parking lot or development 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 drain, shall be undertaken in accordance with the National Pollutant Discharge
Elimination System (NPDES) regulations. A checklist for preparation of the grading and
drainage plan is available at the Engineering Department.
13. All surface run-off shall be collected by approved drainage facilities and/or directed to the
street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected
from surface run-off resulting from this development.
14. A sewer permit will be required. The method of sewage collection and disposal shall be
shown on the grading plan. Any sewer lateral in the City right-of-way shall be 6 inch in
size with a clean -out. A sewer "S" shall be provided on the curb to mark the location of
the lateral.
15. There are existing easements reserved to the City of National City and no building
encroachment will be allowed within the easements. The easements shall be shown on
the plans.
Resolution No. 2003 — 185
December 16, 2003
Page Four
16. 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 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.
17. 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.
18. A cost estimate shall be submitted with the plans. A performance bond 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 (3%) 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 is subject to
adjustment.
19. A title report shall be submitted to the Engineering Department after Planning
Commission approval for a review of all existing easements and the ownership at the
property.
20. An automatic fire sprinkler system will be required.
21. The fire flow for a type V-N with an automatic fire sprinkler system will be a minimum of
1,650 gpm for 2 hours with a 20 psi residual.
22. A minimum of 20 feet of clear width with 13'6" vertical clearance will be required around
the perimeter of the structure, designated as a fire lane.
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 16th day of Dece er, 200
ATTEST:
Michel Dalla, Ci' Clerk
Nick Inzunza Mayor
APPROVED AS TO FORM:
George H. Eiser, HI
City Attorney