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HomeMy WebLinkAbout2007 CC RESO 2007-51 CDCRESOLUTION NO. 2007 — 51 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR BAY VIEW TOWER LOCATION: 701 NATIONAL CITY BOULEVARD APPLICANT: PACIFICA COMPANIES CASE FILE NO.: DSP-2006-7 WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission Board ("CDC") to consider all development proposals at a public hearing; and WHEREAS, the CDC considered the application at a duly advertised public hearing held on March 20, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the CDC considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-7, which is incorporated herein by reference, along with the 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; and WHEREAS, the CDC desires to achieve the goals and implement the policies of the Downtown Specific Plan; and, WHEREAS, the CDC has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance — The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 2. Creating a Place for People — The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing — The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. Resolution No. 2007 — 51 March 20, 2007 Page 2 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile — in that order. 5. Work with the Landscape — The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, landfomi, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures and densities. 7. Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the Community Development Commission Board approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-7), dated March 20, 2007, except as modified by the conditions of approval. 3. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 4. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 5. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. Resolution No. 2007 — 51 March 20, 2007 Page 3 6. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 7. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 8. Public Improvements: The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 9. Engineering Requirements. The applicant shall comply with all engineering requirements, including the following. a) 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 requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) 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 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 Resolution No. 2007 — 51 March 20, 2007 Page 4 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. e) A sewer permit will be required. The City has prepared a sewer impact study shall that considers the adequacy of the existing sewer system. The fee, as a result of the impact study, is $34,400.34. This is in addition to any fees that the City may be charging. 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 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. f) 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. g) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. h) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. i) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. j) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. Resolution No, 2007 — 51 March 20, 2007 Page 5 k) The Final 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. I) 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. m) 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. n) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. o) The Final Map shall be recorded prior to issuance of any building permit. p) All new property line survey monuments shall be set on private property, unless otherwise approved. q) The Final Map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the following. a) Street Sidewalks — The developer shall replace existing sidewalks adjacent to the project. b) Sewer Facilities — The project site is served by an 8-inch diameter sewer main. The system is operating at half capacity; therefore, the system may need to be upgraded. c) Street Landscaping — The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the following. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. b) Automatic fire sprinkler system will be required. Resolution No. 2007 — 51 March 20, 2007 Page 6 c) Class I standpipe system will be required d) Secondary on -site supply of water equal to the hydraulically calculated sprinkler design demand plus 100 gallons per minute additional for the total standpipe system shall be provided. e) Automatic and manual fire alarm system with communications system will be required. f) Fire Department central control station will be required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. h) Smoke control system will be required. i) Standby power system will be required. j) Estimated minimum fire flow will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. k) Minimum of two exits, not counting elevators or vehicle entry/exit points will be required out of the parking garages, all levels. I) Fire Department access to the garage areas must be provided from the exterior the structure on at least two opposite sides of the structures. m) Additional requirements may be necessary upon submission of a complete set of plans for permit review and issuance 12. Building Department Requirements. The applicant shall comply with all Building Department requirements. 13. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the following. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and parking areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 14. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the following. a) Evaluate existing bus stops along 8th Street near the intersection of National City Blvd as well as other nearby locations for possible equipment upgrades such as Resolution No. 2007 — 51 March 20, 2007 Page 7 shelters, benches, route maps and trash containers. Shelters should include an electrical (possible photovoltaic) lighting component and at least two (2) CCTV security cameras with a direct feed to NCPD. b) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1 & Centro (Constellation Property Group) S-2006-6/DSP-2005-1 and the Park Loft project. c) The developer should bear all associated costs to implement any Transit recommendations noted above including independent consultants, and bus stop construction such as street cutouts, curb cuts, concrete pads, sidewalk widening, red curbs, etc. d) Long term maintenance of bus stop equipment especially CCTV cameras should be discussed and decided as part of the overall review and included as terms and conditions. e) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. f) MTS recommends adding a stop on National City Blvd northbound, farside of Eighth Street at the new development. This stop would be considered a farside bus stop and would provide a more convenient connection opportunity to Routes 929 from other regional and local services, serving National City. MTS's farside stop spacing standards are as follows: Minimum of 80-ft of Red Curb or no parking, from curb - return; Bus Stop pole installed at 50-ft (MTS Provides the Bus Stop Pole) 15. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 16. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City Attorney of the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Resolution No. 2007 — 51 March 20, 2007 Page 8 17. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 18. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 19. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 20. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 21. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. 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 Community Development Commission 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 20th day of Marc on Morrison, Chairman ATTE APPROVED AS TO FORM: Brad R retary George H. Eiser, III, Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, Califomia, on March 20, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Com evelopment Commission Secretary, evelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-51 of the Community Development Commission of the City of National City, Califomia, passed and adopted on March 20, 2007. Secretary, Community Development Commission By: Deputy