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HomeMy WebLinkAboutCC RESO 2007-256RESOLUTION NO. 2007 — 256 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SPECIFIC PLAN AMENDMENT APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR AN EXISTING SPECIFIC PLAN (SP-2-90) ON A 1.65-ACRE SITE ON THE NORTH SIDE OF PLAZA BOULEVARD, JUST EAST OF 1-805 TO ACCOMMODATE A PROPOSED 10,300 SQUARE FOOT RETAIL DEVELOPMENT ON TWO VACANT PARCELS WITHIN THE SPECIFIC PLAN AREA APPLICANT: SCHUSS CLARK, AN ARCHITECTURAL CORPORATION CASE FILE NO. 2007-1 SP, IS WHEREAS, the City Council of National City at its meeting of May 21, 1991, adopted Resolution No. 91-96 according to California Government Code Section 65450 (et. seq.) adopting a Specific Plan for certain real properties in the area east of Interstate 805, north of Plaza Boulevard and south of 12'h Street; and WHEREAS, proceedings were initiated for an amendment of the Specific Plan, including APNs 557-380-10, 11, 12, 69, 70, 50, and 51, in accordance with procedures of the National City Land Use Code; and WHEREAS, the Planning Commission of the City of National City considered a Specific Plan Amendment application for the plan area, including a 10,300 square -foot retail development on the two westerly vacant parcels within the Specific Plan Area at a duly advertised public hearing held on August 20, 2007, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission did consider the proposed Negative Declaration No. 2007-1 IS together with comments received during the public review process and all evidence and testimony presented at the public hearing; and WHEREAS, the Planning Commission adopted Resolution No. 47-2007 recommending approval of the Specific Plan amendment for properties on the north side of Plaza Boulevard, just east of 1-805, and WHEREAS, the City Council considered a Specific Plan Amendment application on a 1.65-acre site on the north side of Plaza Boulevard, just east of 1-805, to accommodate a proposed 10,300 square -foot retail development on two vacant parcels within the Specific Plan Area at a duly advertised public hearings held on September 4, 2007, and continued to the meetings of October 2, 2007 and November 6, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered Planning Commission Resolution No. 47-2007 and the proposed Specific Plan Amendment and the staff report contained in Case File No. 2007-1 SP, IS which is maintained by the City and incorporated herein by reference, along with the evidence and testimony at said hearings; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and Resolution No. 2007 — 256 November 20, 2007 Page 2 WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; 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 that the testimony and evidence presented at the public hearing supports the following findings: FINDINGS FOR APPROVAL OF AN AMENDMENT TO AN EXISTING SPECIFIC PLAN 1. That the proposed Specific Plan Amendment is consistent with and necessary to implement the General Plan, since the General Plan encourages businesses to locate or expand in the City where compatible with existing, nearby development and environment (Economic Development Policies) and also specifically encourages the use of a specific plan on the project site. The proposed amendment to the Specific Plan would achieve both of these goals by providing more flexibility in development potential along an established commercial corridor, and by preserving the Specific Plan on the project area. 2. That the proposed Specific Plan amendment is consistent with the General Commercial General Plan designation, since the Plan permits all those uses allowed in the General Commercial Zone, only subject to additional design considerations. FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION That the Negative Declaration (2007-1 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (2007-1 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. NOW, THEREFORE, the City Council adopts Specific Plan Amendment 2007-1 SP, is subject to the following conditions: Resolution No. 2007 — 256 November 20, 2007 Page 3 1. All provisions and statements in the Specific Plan dated July 2007 by Schuss Clark shall be binding on the currently proposed development and all future development of the Specific Plan area, except as modified by Conditions of Approval. Future development plans shall substantially conform to site plans and elevations shown in Exhibit "A", dated May 7,2007, case file no. 2007-1 SP, IS, unless authorized by an Amendment to the Specific Plan. Planned Development Permits shall be required for all future proposed development, except for the Plaza -Grove Center project identified within the Specific Plan and on Exhibit 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted for the Plaza - Grove Center project area concurrently with project grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, 24" box specimen trees at main entryways into the project, detail elements of proposed retaining walls including use of decorative block, proposed enhanced or decorative paving on -site, parking lot lighting, trash enclosures, and bicycle parking. 3. Separate permits shall be submitted for review and approval by the Planning Department for all signs prior to issuance of building permits. 4. All rooftop mechanical equipment shall be screened from the sides and the top in accordance with City standards and shall be indicated on the building plans, to the satisfaction of the Planning Director. 5. 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. 6. The bus stop improvements identified in Exhibit "A", including a new shelter, bench, route map and trash container, must be shown on the landscape plans and grading plans and shall be approved and installed prior to the issuance of a certificate of occupancy on the Plaza -Grove Center project. 7. The project shall be designed, developed, and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association Standards (NFPA) as adopted by the City of National City. 8. The property shall be addressed in a manner to be clearly visible from the street, per review and approval by the National City Fire Department. Resolution No. 2007 — 256 November 20, 2007 Page 4 9. Fully automatic fire sprinkler systems shall be required, per review and approval by the National City Fire Department. Estimated minimum fire flow requirements with a fully automatic fire sprinkler system installed will be 1,000 gpm measured at 20 psi residual pressure with a flow duration of two hours. 10. The developer shall work with Sweetwater Authority to ensure adequate service to the proposed Plaza -Grove Center project, as there is no water main in Grove Street between 12th Street and Plaza Boulevard, and a main extension of at least 300 feet will be required in Grove Street to provide a fire service line for building sprinklers. 11. A ten -foot horizontal separation between sewer and water laterals is required. 12. An encroachment permit will be required for the proposed monument signage along Plaza Boulevard if located within the public right-of-way. 13. A Hydrology study (100 year flood) is required for the new project. The study should consider the adequacy of the proposed project storm drain system. All hydrology study findings and recommendations are part of Engineering Department requirements. 14. 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. 15. 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. 16. 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. 17. 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 Resolution No. 2007 — 256 November 20, 2007 Page 5 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. 18. 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. 19. 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. 20. The deteriorated portions of the existing street improvements (100' of sidewalk) along the property frontages shall be removed and replaced. 21. 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 Engineering Department as soon as filed. 22. 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. 23. Street improvements shall be in accordance with City Standards. All missing street improvements (300' of sidewalk and (3) pedestrian ramps) shall be constructed. Abandoned driveway (40' of driveway) aprons shall be replaced with curb, gutter and sidewalks. 24. 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. 25. Exterior walls of buildings/walls/fences/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. Resolution No. 2007 — 256 November 20, 2007 Page 6 26. A Planned Development permit will be required for the applicant's two parcels identified in Exhibit A and the Specific Plan document (Plaza -Grove Center), if a grading permit has not been obtained or an extension has not been granted within two years. 27. The developer shall incorporate and maintain a camera system for security monitoring purposes of the common open public spaces, parking, and retail areas of this project to the satisfaction of the Police Department. PASSED and ADOPTED this 20th day of Nove 007. on Morrison, Mayor ATTEST: A Mi hael R. allay City Clerk APPROVED AS TO FORM: gsvA: nor George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 20, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Natio nal City, California Jerk of the City f By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-256 of the City of National City, Califomia, passed and adopted by the Council of said City on November 20, 2007. City Clerk of the City of National City, California By: Deputy