HomeMy WebLinkAboutCC RESO 2004 - 81RESOLUTION NO. 2004 — 81
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR A SHOPPING CENTER AT THE NORTHWEST
CORNER OF PLAZA BOULEVARD AND HIGHLAND AVENUE AND A
VARIANCE FOR LESS THAN REQUIRED OFF-STREET PARKING, FOR A
SIGN IN THE 10 FOOT SETBACK AREA ALONG HIGHLAND AVENUE,
AND FOR TWO WALL SIGNS WHERE ONE IS ALLOWED
APPLICANT: STUDIO C ARCHITECTS
CASE FILE NOS. CUP-2003-29/Z-2003-12
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard
and Highland Avenue and a Variance for less than required off-street parking, for a sign in
the 10 foot setback area, along Highland Avenue and for two wall signs where one is
allowed at a duly advertised public hearing held on May 4, 2004 at which time oral and
documentary evidence was presented; and
WHEREAS, at said public hearings the City Council considered the staff
report contained in Case File Nos. CUP-2003-29 and Z-2003-12, which is maintained by
the City and incorporated herein by reference along with evidence and testimony at said
hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures
required by State law 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 May 4, 2004, support the following findings:
FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the
rectangular one acre property is large enough to accommodate 13,100
square feet of retail space and 52 off-street parking spaces.
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 proposed addition of 3,700
square feet of retail space will generate approximately 150 average daily
trips, which can easily be accommodated by Plaza Boulevard (a prime
arterial) and Highland Avenue (a major arterial) which are both operating
below capacity.
Resolution No. 2004 — 81
May 18, 2004
Page Two
3. That the proposed use will not have an adverse effect upon adjacent or
abutting properties, since the property, which is currently used for
commercial purposes, is located in a major commercial corridor in the City.
4. That the proposed use is deemed essential and desirable to the public
convenience and welfare, since the project will upgrade the appearance
and functionality of a prominent commercial corner in the City.
FINDINGS FOR APPROVAL OF THE VARIANCE
1. That because of special circumstances applicable to the property, including
topography, and 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 sloping nature of the property and its location in a major
commercial corridor make it difficult to provide all required off-street parking
and to locate freestanding signs outside of required setback areas.
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 a condition of
approval restricting the area that can be devoted to a restaurant use will
lead to a mix of uses that will not generate a greater demand for parking
than will be provided on -site.
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 retail strip commercial center are allowed in the General
Commercial Zone with a Conditional Use Permit.
BE IT FURTHER RESOLVED that the application for Conditional Use
Permit and Zone Variance is approved subject to the following conditions:
1. This Conditional Use Permit/ Zone Variance authorizes a shopping center
at the northwest corner of Plaza and Highland with a freestanding sign in
the setback area along Highland, two wall signs where one is allowed and a
total of 52 parking spaces where 66 are required. Except as required by
conditions of approval, all plans submitted for permits associated with the
project shall conform with Exhibit A -revised and B-revised, Case File no.
CUP-2003-29/Z-2003-12, dated 2/9/2004.
Resolution No. 2004 — 81
May 18, 2004
Page Three
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.
3. Prior to issuance of building permits the applicant shall provide agreement
that allows the City and other civic organizations to use the two reader
boards to the City Attorney for review and approval.
4. Not more than 1,500 square feet of the total floor area shall be used as a
restaurant/cafe/deli.
5. Check cashing and pay day advance businesses are prohibited from
operating on the premises.
6. A trash enclosure shall be provided in accordance with city standards. It
shall have a stucco exterior to match the buildings.
7. 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.
8. A 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 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. 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 National Pollution Discharge Elimination System (NPDES)
regulations. A private storm water treatment maintenance agreement shall
be signed and recorded. The checklists for preparation of the grading plan
drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP)
are available at the Public Works.
9. All surface run-off shall be collected by approved drainage facilities and
directed to the street by sidewalk underdrains or a curb outlet. Adjacent
properties shall be protected from surface run-off resulting from this
development.
10. A sewer permit will be required. The method of sewage collection and
disposal shall be shown on the grading/drainage plan. Any new sewer
lateral in the City right-of-way shall be 6 inch in size with a clean out. A
sewer stamp "S" shall be provided on the curb to mark the location of the
lateral.
Resolution No. 2004 — 81
May 18, 2004
Page Four
11. The deteriorated portions of the existing street improvements
(Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along
the property frontages shall be removed and replaced.
12. All existing survey monuments, including any benchmark, within the
boundaries of the project shall be shown on the plans. If disturbed, a
licensed land surveyor or civil engineer shall restore them 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 City of
National City Public Works as soon as filed.
13. A permit shall be obtained from the Public Works Department for all
improvement work within the public right-of-way, and any grading
construction on private property.
14. 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 improvements, 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.
15. Street improvements shall be in accordance with City Standards.
Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall
be replaced with curb, gutter and sidewalks.
16. Television cable companies shall be notified a minimum of 48 hours prior to
filling of cable trenches.
17. 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.
18. 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.
19. 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
Resolution No. 2004 — 81
May 18, 2004
Page Five
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.
20. 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.
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 18th day of May, 2004.
N
ATTEST:
APPROVED AS TO FORM:
/'-¢`
George H. iser, III
City Attorney