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HomeMy WebLinkAboutCC RESO 2008-07RESOLUTION NO. 2008 — 07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT AND A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A THREE-STORY OFFICE BUILDING INCLUDING RETAIL SPACE AND STRUCTURED PARKING ON AN APPROXIMATELY 1-ACRE VACANT LOT ON THE NORTH SIDE OF EAST 81" STREET, WEST OF V AVENUE APPLICANT: KAMEL ZAYET CASE FILE NO. 2007-08 PD, IS WHEREAS, application was made for approval of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8th Street, west V Avenue (APN: 557-140-25); and WHEREAS, the Planning Commission at a duly advertised public hearing held on December 3, 2007, at which time oral and documentary evidence was presented, in a vote of 5- 0 denied said Planned Development Permit to construct a medical office building, Case File 2007-08-PD, IS; and, WHEREAS, the appeal to the City Council of the Planning Commission denial of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8`h Street, west Harbison Avenue was considered by the City Council at a duly advertised public hearing held on January 8, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-08 PD, which is maintained by the City and incorporated herein by reference, along with Planning Commission Resolution No. 68-2007; 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 that the testimony and evidence presented at the public hearing supports the following findings for approval of the Planned Development Permit: RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the one -acre property can accommodate the development of an approximately 142,000 square feet office building while meeting Land Use Code design regulations, and also provide the necessary parking and landscaping per Land Use Code requirements. Resolution No. 2008 — 07 January 22, 2008 Page 2 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 a Traffic Study prepared for the project indicated that nearby local residential streets within the study area including East 8th Street all have sufficient capacity to handle the additional trips caused by the project without suffering a significant decrease in their operating levels of service and the improvements to East 8th Street will be installed to extend the left turn lane as recommended by the traffic report. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the project design complies with the design regulations of the Private Institutional (IP) Zone, and since the project includes additional conditions (i.e. landscaping, screening of mechanical equipment) designed to soften impacts on the established residential neighborhood to the west from the project site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional office and retail space for the community which will complement the nearby hospital. It will also utilize a vacant parcel, and provide a structure with high quality design. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-08 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 (2007-08 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 Planned Development Permit 2007- 08 PD, IS subject to the following conditions: 1. This Planned Development Permit (2007-08 PD) authorizes the development of an approximately 142,000 square -foot office building, including two floors of parking, two floors of office space, and a retail suite. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A revised, case file no. 2007-08 PD, dated November 4, 2007. Resolution No. 2008 — 07 January 22, 2008 Page 3 2. A detailed landscape and automatic underground irrigation plan, including plant types, methods of planting, etc., shall be submitted for review and approval by the Planning Director prior to the issuance of any building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, landscape screening consisting of 5-15 gallon shrubs and trees along the west property line adjacent to homes to soften the visual impact and reduce glare on adjacent properties, street trees a minimum of 15 gallon in size for every 40 feet of street frontage, and shrubs and groundcover between the curb and sidewalk. 3. The existing 10-foot wide Sweetwater Authority easement across the western edge of the property must be quitclaimed by the owner, at their expense, and proof submitted to the National City Planning Department prior to issuance of any grading or building permits. 4. A ten -foot horizontal separation between sewer and water laterals is required. 5. 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. 6. The trash enclosure within the garage shall be provided in accordance with City standards. It shall be constructed of decorative block and solid gate to match the building design and to the satisfaction of the Planning Director. The design of the trash enclosure shall be shown on the Landscape Plans. 7. All building permit plans must comply with the 2006 IBC as adopted by the 2007 CBC. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 9. Within 45 days of project approval, a revised parking layout and traffic report shall be submitted for review and approval to the satisfaction of the City Traffic Engineer. 10. All recommendations of the Traffic Impact Study prepared by Federhart and Associates and dated September 21, 2007, for the project, including extension of East 8th Street left turn lane westerly to include the projects off-street parking driveway and extension of red curbs along East 8th Street, shall be completed prior to occupancy and to the satisfaction of the City Engineer. 11. A revised parking garage plan and traffic study shall be submitted for review and approval by the City Traffic Engineer within 45 days of project approval to address the Department's final comments. 12. 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. Resolution No. 2008 — 07 January 22, 2008 Page 4 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. Resolution No. 2008 — 07 January 22, 2008 Page 5 19. 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. 20. 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. 21. Exterior walls of buildings 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. 22. The project is to 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 (NFPA) Standards as adopted by the City of National City. 23. Fire Protection plans are to be submitted directly to the Fire Department for permitting and review. A standpipe system will be required in conjunction with the fire sprinkler system, to the satisfaction of the Fire Department. 24. Before this Planned Development 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 return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development 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. 25. Approval of the Planned Development Permit expires one (1) years after adoption of the resolution of approval at 5:30 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. 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, $1,876.75 for a Negative Declaration or Mitigated Negative Declaration, and $2,606.75 for an Environmental Impact Report. Resolution No. 2008 — 07 January 22, 2008 Page 6 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 22nd day of January, 2008. ATTEST: Michbel R. Della, Ofty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on January 22, 2008 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 /! ,��a�(�t!/I d� City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-7 of the City of National City, Califomia, passed and adopted by the Council of said City on January 22, 2008. City Clerk of the City of National City, California By: Deputy