HomeMy WebLinkAboutCC RESO 2007-97RESOLUTION NO. 2007 — 97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR A PROPOSED
5-UNIT APARTMENT COMPLEX AT THE SOUTHWEST CORNER
OF HIGHLAND AVENUE AND DIVISION STREET WITH EXCEPTIONS
FOR LESS THAN REQUIRED SIDE AND REAR YARD SETBACKS
APPLICANT: RICARDO PEREZ; CASE FILE NO. CUP-2006-12
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for a Proposed 5-Unit Apartment Complex at the Southwest Corner of Highland
Avenue and Division Street with Exceptions for Tess than Required Side and Rear Yard Setbacks
at the regularly scheduled City Council meeting of May 1, 2007, 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-2006-12, 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 that the testimony and evidence presented to the City Council at the public hearing
held on May 1, 2007, support the following findings:
FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the proposed
project density of 21.7 units per acre is consistent with the maximum residential density
allowed by the General Plan for the General Commercial (CG) zone of 34.8 units per
acre.
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
Highland Avenue, an arterial street, can easily accommodate the 60 average daily trips
potentially generated by the project.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since it will result in the development of an underutilized property and will increase the
number of rental opportunities in the City.
FINDING FOR APPROVAL OF THE REQUESTED EXCEPTION
FOR LESS THAN REQUIRED SIDE AND REAR SETBACKS
1. Granting of the exceptions for a reduction in setbacks is consistent with the General Plan
and any applicable specific plans, since the General Plan encourages the creation of new
rental housing opportunities. The requested exceptions facilitate development of five new
relatively large units of rental stock in the City, as well as the development and
improvement of a currently vacant site.
Resolution No. 2007 — 97
May 15. 2007
Page 2
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Conditional Use Permit authorizes the construction of a five -unit apartment complex
on a 0.23-acre lot. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform to Exhibit A, 3rd Revision, Case File No.
CUP-2006-12, dated January 24, 2007.
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 prior to
issuance of grading plans. The landscape plan shall reflect the use of drought tolerant
planting and water conserving irrigation devices.
3. All trash and recycle containers shall be stored in the garage and shall be accessible on -
site by EDCO at collection times. Containers shall not be placed on Highland Avenue.
4. The applicant shall work with MTS to determine the relocation of the bus shelter prior to
grading permit. The applicant shall provide a detail of the bus stop, reflected on the
grading plan and/or landscape plan, to include a shelter, bench, and trash can consistent
with MTS standards. Should the relocation of the bus stop not coincide with the issuance
of the grading plan, the applicant shall bond for those improvements. The bus stop
improvements shall be completed prior to certificate of occupancy, to the satisfaction of the
City and MTS.
5. At the time of Building Permit, an exterior lighting plan shall be provided in conformance
with National City Land Use Code Section 18.60.010. The lighting plan shall include
security lighting for the area directly behind the southwest corner of the property (alley).
6. At time of Building Permit, wall details for the proposed 6-foot block wall shall be provided
showing the use of decorative block or finish (e.g., split -face, variegated, etc.)
7. If gated, a rapid entry system for Emergency Department access shall be provided in
compliance with Municipal Code Chapter 10.47.
8. 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.
9. 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.
Resolution No. 2007 — 97
May 15. 2007
Page 3
10. 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.
11. 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
12. 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 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.
13. 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.
14. 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.
15. The deteriorated portions of the existing street improvements (sidewalk 30') along the
property frontages shall be removed and replaced.
16. 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.
Resolution No. 2007 — 97
May 15. 2007
Page 4
17. 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.
18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
19. Exterior walls of buildings/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.
20. Project is 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.
21. A fully automatic fire sprinkler system will be required.
22. A fire alarm system will be required.
23. Fire access must be provided. Minimum requirements for access roadway are 20-feet
wide with a vertical clearance of 13-feet 6-inches. Roadway must have through access or
be provided with an approved turnaround when road length is 150-feet or greater.
24. Final approval of the development project should include provisions for the project to
comply with the crime free multi -housing criteria and crime prevention through
environmental design standards.
25. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual
facilities, street improvement plan, irrigation plan, fire flow requirements and fire service
plans, and a plumbing plan with a fixture -unit count) before an estimate for water facilities
can be prepared. The owner shall enter into an agreement with the Authority for any
water facility improvements required for the proposed project.
26. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be made
payable to the County Clerk and submitted to the National City Planning Department. At
this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800
for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an
Environmental Impact Report.
27. Before this Conditional Use 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 retum the signed and notarized Acceptance Form within 30 days of
Resolution No. 2007 — 97
May 15. 2007
Page 5
its receipt shall automatically terminate the Conditional Use 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 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.
28. 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.
29. Driveway access to Highland Avenue shall be limited to right turns only; a physical barrier
shall be constructed to the approval of the City Engineer to ensure this requirement.
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 15th day of May;
Ron Morrison, Mayor
ATTEST:
V 09% Michael R. alla, City Clerk
APPROVED AS TO FORM:
/r 10
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 15,
2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
� � d
I k of the City
Nation
al C City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-97 of the City of National City, California, passed and adopted
by the Council of said City on May 15, 2007.
City Clerk of the City of National City, California
By:
Deputy