HomeMy WebLinkAbout2008 CC RESO 2008-80 CDCRESOLUTION NO. 2008 — 80
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
A MODIFICATION TO AN APPROVED CONSISTENCY REVIEW
FOR THE 'LUMINA' MIXED USE PROJECT LOCATED AT
1105-1125 NATIONAL CITY BOULEVARD AND 41-43 EAST 12TH STREET
APPLICANT: CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP
(CASE FILE NO.: 2008-17 M1 DSP-2006-6)
WHEREAS, the applicant has filed an application for modification of an approved
Downtown Specific Plan Consistency Review; and
WHEREAS, the adopted procedures for Consistency Review require the
Community Development Commission ("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 May 6, 2008, 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. 2008-17 M1 DSP-2006-6, 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 hereby finds that the testimony and evidence presented at the public hearing
support the following findings:
1. Basic Compliance — The project complies with the development standards of the Specific
Plan with the exception of floor area ratio and height. However, the applicant has requested
an exemption pursuant to the exemption process outlined in the Downtown Specific Plan
and the adopted Consistency Review Procedures. Under Exemption Finding 3: The project
makes a significant contribution to off -site public space in Downtown National City, such as
street improvements, public plazas, park improvements, and other improvements that are
called for in the Specific Plan. Specifically, a public street is proposed along the east side of
the project that would provide public access between 11th Street and 12th Street. This
extension of "A" Avenue would establish a formal pedestrian and vehicular connection from
the neighborhoods north of the project to the Civic Center complex and Kimball Park to the
south. This connection is one of the major goals identified in the Downtown Specific Plan,
Open Space Framework
Resolution No. 2008 — 80
May 6, 2008
Page 2
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.
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
has considered that the Program 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 Program Environmental Impact Report, which reflects the
Community Development Commission'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, the
Community Development Commission 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 Program EIR for
the Downtown Specific Plan.
2. Alley Closure. The applicant shall obtain approval of an alley closure and order to vacate
pursuant to the approved plan prior to the issuance of building permits.
3. Approved Plan. The project shall be developed and maintained in substantial conformance
with Exhibit (2008-17 M1 DSP-2006-6), dated May 6, 2008, except as modified by the
conditions of approval.
Resolution No. 2008 — 80
May 6, 2008
Page 3
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.
5. Engineerinq 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) 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.
e) 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
Resolution No. 2008 — 80
May 6, 2008
Page 4
0 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.
g)
A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharged of storm water runoff associated with construction activity where
clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board.
A copy of the permit shall be given to the City of National City Engineering
Department prior to any work beginning on the project.
h) A sewer permit will be required. The City is currently preparing a sewer study shall
that considers the adequacy of the existing sewer system. The sewer study
recommendations shall be part of the Engineering Department Requirements. 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.
A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure. At 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.
j) The deteriorated portions of the existing street improvements (including sidewalks
and curbs) along the property frontages shall be removed and replaced.
k) A pen -nit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and any grading construction on private
property.
I) Street improvements shall be in accordance with City Standards. Abandoned
driveway aprons shall be replaced with curbs, gutters, and sidewalks.
m) 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.
Resolution No. 2008 — 80
May 6, 2008
Page 5
n) 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.
o) 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.
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
Sweetwater Authority prior to obtaining the Final Map approval.
The developer shall bond for the monumentation, the public improvements, the on -
site grading, drainage, landscaping, and other improvements through an agreement
with the City prior to the approval of the Final Map.
r) All utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
p)
q)
s) The Final Map shall be recorded prior to issuance of any building permit.
t) All new property line survey monuments shall be set on private property, unless
otherwise approved.
u) 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.
6. Public Works Requirements. The applicant shall comply with all public works requirements,
including the following.
a) The developer shall replace the existing sidewalks adjacent to the project.
b) Sewer facilities — The developer shall be required to upgrade the sewer line to 12-
inch diameter.
c) The developer shall replace the existing street trees with a tree palette
commensurate with the building's architecture and adjacent landscaping theme.
d) The developer shall install streetlights along the project's alley and street frontages
to assure safety of the residents at night.
Resolution No. 2008 — 80
May 6, 2008
Page 6
7. 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
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.
b) Automatic fire sprinkler system will be required.
c) Class I standpipe system will be required.
d) Automatic and manual fire alarm system with communications system will be
required.
e) Smoke control 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.
8. Building Department Requirements. The applicant shall comply with all Building
Department requirements, and plans shall comply with the latest editions of the California
Building Code, the California Mechanical Code, the California Plumbing Code, the
California Electrical Code, and Califomia Title 24 energy and handicapped regulations.
9. 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 retail 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.
10. Transit Requirements. The applicant shall construct an expanded bus stop at National City
Boulevard and 12th Street with a larger shelter or two smaller shelters with interior/exterior
benches, trash receptacles, and lighting.
11. 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.
Resolution No. 2008 — 80
May 6, 2008
Page 7
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 6th day of ,' 2008.
on Morrison, Chairman
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Passed and adopted by the Community Development Commission of the City of
National City, Califomia, on May 6, 2008, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secre • o �J%'ty Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-80 of the Community Development Commission of the City of
National City, California, passed and adopted on May 6, 2008.
Secretary, Community Development Commission
By:
Deputy