HomeMy WebLinkAboutCC RESO 2005 - 6RESOLUTION NO. 2005 — 6
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT
FOR A FOUR-STORY MIXED USE BUILDING WITH 13,000 SQUARE FEET
OF COMMERCIAL SPACE AND 32 RESIDENTIAL CONDOMINIUM UNITS
ON THE WEST SIDE OF HIGHLAND AVENUE BETWEEN 21ST AND 22ND STREETS
APPLICANT: JAY CLEVELAND
CASE FILE NO. S-2004-14/CUP-2004-23
WHEREAS, application was made for approval of a tentative subdivision
map and conditional use permit for a four-story mixed use building with 13,000 square
feet of commercial space and 32 residential condominium units on the west side of
Highland Avenue between 21st and 22"d Streets on property generally described as:
Lots 11 to 20 of Block 4 of Hayes' Highland Addition according to Map
thereof No. 1038 recorded in the Office of the Recorder of San Diego
County, California, on April 20th, 1916, together with a 10' closing.
WHEREAS, the Planning Commission of the City of National City,
California, considered said applications at public hearing held on December 6, 2004,
and by Resolution recommended conditional approval of the application; and
WHEREAS, the City Council of the City of National City considered said
application at a public hearing held on January 4, 2005, 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. S-2004-14 and CUP-2004-23 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 it hereby approves tentative subdivision map and
conditional use permit for a four-story mixed use building with a 13,000 square feet of
commercial space and 32 residential condominium units on the west side of Highland
Avenue between 21st and 22nd Streets, based on the findings:
Resolution No. 2005 — 6
January 18, 2005
Page Two
RECOMMENDED FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION MAP
1. The proposed map is consistent with the National City General Plan and applicable
specific plans, since the General Plan encourages mixed -use infill of vacant
commercially zoned properties, the creation of new homeownership opportunities,
the beautification of older commercial areas, and higher density residential
development along major commercial thoroughfares. Also, there are no specific
plans governing use of the site.
2. The site is physically suitable for the proposed type of development, since the
property is on a major arterial within an established commercial district with some
existing mixed -use developments, and since it is adjacent to several large, higher
density apartment complexes.
3. The site is physically suitable for the proposed density of development, since the
proposal includes good-sized units with appropriate urban amenities and sufficient
parking for a mixed -use development.
4. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, since the site has been developed previously and is located
in an urban environment with no native vegetation or bodies of water.
5. The design of the subdivision and the proposed/required improvements are not
likely to cause serious public health problems, since all necessary public services
will be provided.
6. The design of the subdivision and the proposed/required improvements will not
conflict with easements, acquired by the public at large, for access through or use
of the property within the proposed subdivision, since no such easements are
located on the site.
7. The discharge of sewerage waste from the subdivision into the City of National City
sewer system will not result in violation of existing requirements prescribed by the
California Regional Quality Control Board pursuant to Division 7 (commencing with
Section 13000) of the Water Code, as specified by Government Code Section
66474.6.
8. The subdivision has been considered by the Planning Commission with regard to
its effect on the housing needs of the region, and these needs are balanced by the
public service needs of the residents and available fiscal and environmental
resources.
Resolution No. 2005 — 6
January 18, 2005
Page Three
9. The design of the subdivision provides, to the extent feasible, for future passive and
natural heating and cooling opportunities in the subdivision, based on consideration
of local climate, topography, property configuration and other design and
improvement requirements without requiring reduction in allowable density or lot
coverage.
RECOMMENDED FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since adequately
sized units, and open space will be provided along with sufficient off-street parking
for a mixed -use development with several large apartment complexes in the very
near vicinity.
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 oftraffic generated by the
proposed use, since the approximately 650 Average Daily Trips (ADT) generated
by the use, of which not more than 60 ADT will be during the afternoon peak traffic
hours, can be accommodated by Highland Avenue, a major arterial with a current
volume of 17,000 ADT and a capacity of 25,000 ADT. Also, the project's
immediate proximity to a large customer base will likely result in an elevated
percentage of pedestrian trips.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposal is consistent with the development type (both mixed -
use and high density multi -family) in the immediate area, and since the project
traffic can be accommodated on nearby roads. Also, the proposed parking (both
off-street and adjacent street parking) is typical of mixed -use development in
commercial, urban corridors.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will enhance the appearance of the partially developed site,
while placing new commercial facilities in close proximity to a large customer base,
and since it will create 32 new home ownership opportunities.
RECOMMENDED FINDING FOR APPROVAL OF
THE REQUESTED EXCEPTION
Granting of the exceptions is in accordance with the intent and purposes
of this Title, and is consistent with the General Plan and with all specific plans or other
plans of the City, since the General Plan encourages the creation of home ownership
opportunities, mixed -use infill and high density residential development along major
Resolution No. 2005 — 6
January 18, 2005
Page Four
commercial thoroughfares, which the requested exceptions facilitate, and since the
functional design of the proposed subdivision is compatible with adjacent and nearby
development consistent with the intent of this Title.
BE IT FURTHER RESOLVED that based on the findings hereinbefore
stated, said tentative subdivision map and conditional use permit for a four-story mixed
use building with 13,000 square feet of commercial space and 32 residential
condominium units on the west side of Highland Avenue between 21st and 22nd Streets
is hereby approved subject to the following conditions:
1. This Tentative Map and Conditional Use Permit authorize a mixed -use
development with approximately 13,000 square feet of commercial space and 32
residential condominium units. Except as required by conditions of approval, all
plans submitted for permits associated with the project shall conform with Exhibits
"A" and "B", Case File Nos. S-2004-14/CUP-2004-23, dated October 26, 2004 and
October 27, 2004, respectively.
2. The three exterior staircases and the elevator shall be secured/programmed to
allow resident use only above the ground floor.
3. Prior to issuance of building permits a noise study and mechanical equipment
study, focusing on visual, odor and other possible impacts, must be prepared for
review and approval by the Planning Director. All conditions and recommendations
of the studies necessary to ensure the livability of the residential units shall be
incorporated into the project design.
4. The parking stall dimensions of the tuck under parking stalls at the rear of the
property shall conform to all Land Use Code requirements, and they shall have a
minimum of 24 feet of backup space. The above referenced parking facility
dimension shall be achieved without reduction of the set back from Highland
Avenue shown in Exhibit "A", Case File No. S-2004-14/CUP-2004-23, dated
October 26, 2004.
5. 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.
6. Two trash enclosures shall be provided; one shall be reserved for use by the
commercial businesses and the other for use by the residents. Both shall be
provided in accordance with city standards. They shall have an exterior to match
the building.
Resolution No. 2005 — 6
January 18, 2005
Page Five
7. The developer shall provide a declaration of covenants, conditions and restrictions,
running with the land, clearly setting forth the privileges and responsibilities,
including maintenance, payment of taxes, etc. involved in the common ownership
of streets, parking areas, walks, buildings, utilities recreational facilities and open
spaces, prior to approval of the final map. Said CC&R's shall be subject to
approval as to content and form by the City Attorney. The CC&R's shall allow the
City the authority but not the obligation to assume maintenance of the property and
assess the full cost including overhead costs therefore as a lien against the
property if said property is not adequately maintained per the agreement. The
CC&R's shall include a determination that the funds provided by the maintenance
provisions will be sufficient to cover all contemplated costs.
8. A corporation, association, property owners' group, or similar entity shall be formed
with the right to assess all the properties which are jointly owned with interests in
the common areas and facilities in the entire development to meet the expenses of
such entity, and with authority to control, and the duty to maintain, all of said
mutually available features of the development. Such entity shall operate under
recorded conditions, covenants, and restrictions approved by the City Attorney as
to form and content, which shall include compulsory membership of all owners and
flexibility of assessments to meet changing costs of maintenance, repairs and
services.
9. A rapid entry system for Police Department access shall be provided in compliance
with Municipal Code Chapter 10.47.
10. 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.
11. Minimum fire access shall be 20-feet unobstructed width with 13-feet 6-inch vertical
clearance, with a corner radius of 28-feet.
12. Work must be performed and compliant with California Fire Code 2001 edition and
the most current NFPA standards.
13. KNOX-BOX Rapid Entry System shall be provided.
14. Automatic Fire Sprinkler System and fire standpipe system is required.
15. Based on construction type V-N with a flow duration of 4 hours at 20 psi residual,
with an automatic sprinkler system.
16. Automatic Fire Alarm system is required.
Resolution No. 2005 — 6
January 18, 2005
Page Six
17. An encroachment agreement subject to approval by City Council is required for the
encroachment of the underground parking garage into the alley at the rear of the
property. The property owner shall apply for an encroachment agreement per
Chapter 13.12 of the National City Municipal Code and shall provide a suitable
performance guarantee pursuant to section 13.12.040 in an amount sufficient to
guarantee the removal of the encroachment should the City demand such removal.
18. A Hydrology study (100 year flood) is required for the new project. The study
should consider the proposed project area to the closest municipal storm drain
collection point. The study should consider the adequacy of the existing storm
drain system to convey any additional run off. All Hydrology study findings and
recommendations are part of Engineering Department's requirements.
19. All surface run-off, including landscaping irrigation within the public right-of-way,
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.
20. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping
improvements installed within the public right-of-way. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or the street. The
proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation
mainline upon private property only, as required by the City. The property owner
or, its successors or assigns, shall remove and relocate all irrigation items from
the public right-of-way at no cost to the City, and within a reasonable time frame
upon a written notification by City Engineer.
21. A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the stability
of all of the existing and proposed slopes on the property. It shall also address 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 streets, the parking areas, and the driveways. As 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
National City modified Standard Drawing G-24. All soils report findings and
recommendations shall be part of the Engineering Department requirements.
22. 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 measures for prevention of storm water pollution and hazardous
Resolution No. 2005 — 6
January 18, 2005
Page Seven
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 Engineering Department.
23. A sewer permit will be/may 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.
24. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically, 395 L.F. of sidewalk, 167
L.F. of curb and gutter and 284 L.F. of alley section from the property line to 3' west
centerline of all including the swale. Street improvements shall be in accordance
with City Standards. All missing street improvements shall be constructed.
Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks.
25. The existing pedestrian ramp at the following location shall be removed and
replaced with standard ramp complying with the A.D.A requirements and the
Regional Standard Drawing Northwest corner of 22nd Street and Highland Avenue.
26. 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.
27. 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.
28. 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. The deposit is subject to adjustment according to
actual worked hours.
Resolution No. 2005 — 6
January 18, 2005
Page Eight
29. The final parcel map shall meet all of the requirements of the Subdivision Map Act,
and the City of National City Municipal Codes including certification,
acknowledgement, complete boundary information and monumentation.
30. The subdivider shall submit an approval letter from Sweetwater Authority stating fire
flow requirements have been met. If additional improvements are needed, the
developer shall enter into an agreement for the water improvements with the
Authority prior to obtaining the final map approval.
31. Separate water and sewer laterals shall be provided to each lot/parcel.
32. The developer shall bond for the monumentation, the public improvements and the
on -site grading, drainage, landscaping, and other improvements through an
agreement with the City prior to the approval of the final map.
33. All utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
34. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
35. 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.
36. 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.
37. Before this Conditional Use Permit/ Tentative Subdivision Map 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/ Tentative Subdivision Map.
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/ Tentative Subdivision Map 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.
Resolution No. 2005 — 6
January 18, 2005
Page Nine
38. Approval of the tentative map expires two (2) years after adoption of the resolution
of approval at 5:00 p.m. unless prior to that date a request for a time extension not
exceeding three (3) years has been filed as provided by National City Municipal
Code Section 17.04.070. The Conditional Use Permit shall expire or be extended
concurrent with the Tentative Subdivision Map.
39. The developer shall install public streetscape improvements along all project site
street frontages. The improvements shall be consistent with the Highland Avenue
streetscape plan prepared by Estrada Land Planning.
40. The 65 residential parking spaces in the underground parking garage shall be
distinguished from the commercial spaces and be designated solely for residential
use through the use of signage and/or other physical means subject to review and
approval by the Planning Director. Two residential spaces shall be assigned to
each unit.
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 18th day of January, 2005.
Nic ayor
ATTEST:
rAti//
el
Mich
Della, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney