HomeMy WebLinkAboutCC RESO 2008-127RESOLUTION NO. 2008 — 127
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
A COASTAL DEVELOPMENT PERMIT FOR AN AT&T FIELD
OPERATION CENTER AT 3202 HOOVER AVENUE AND
FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT,
AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION
APPLICANT: TENG COMPANIES OF CALIFORNIA, INC., REPRESENTING AT&T
CASE FILE NO. 2007-51 CDP, IS
WHEREAS, the Planning Commission considered an application for a Coastal
Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue and
Proposed Finding of No Significant Environmental Effect at a duly advertised public hearing
held on April 7, 2008, and by Resolution recommended conditional approval of the application;
and
WHEREAS, the City Council considered said application at a duly advertised
public hearing held on June 17, 2008, 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. 2007-51 CDP, which is maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State 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 that the City Council of the City of
National City hereby approves said Coastal Development Permit for an AT&T Field Operation
Center at 3202 Hoover Avenue with a Finding of No Significant Environmental Effect, and
authorizes the filing of a Notice of Determination, based on the following findings:
RECOMMENDED FINDINGS FOR APPROVAL
OF THE COASTAL DEVELOPMENT PERMIT
1. That the granting of this Coastal Development Permit is consistent with and implements
the Certified Local Coastal Program, since the project involves minor land alterations
and building construction on existing industrially -zoned parcels in an area designated by
the Local Coastal Program for such use.
2. That the Conditions of Approval and Mitigation Monitoring and Reporting Program are
adequate to carry out the Certified Local Coastal Program, as required in the
implementing ordinances, since they mitigate impacts to the following:
o Marsh restoration;
o Resource protection;
Stormwater run-off interception/prevention;
Plant and tree selection;
o Construction of anti -perching elements;
o Site drainage both during and post construction;
Resolution No. 2008 — 127
July 1, 2008
Page 2
o Sign requirements;
o Site lighting limitations;
o Protection of archaeological and paleontological resources;
o Pre and post construction Best Management Practices (BMP).
3. That granting of this coastal development permit is consistent with all other City plans
and ordinances, since the project complies with applicable Land Use Code requirements
and since the industrial use involved in the project area is identified by the General Plan
as an appropriate use in the project area.
RECOMMENDED FINDINGS FOR APPROVAL
OF MITIGATED NEGATIVE DECLARATION
1. That the Mitigated Negative Declaration (2007-51 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
Mitigated Negative Declaration reflects the City's independent judgment and analysis.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
said Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue
is hereby approved subject to the following conditions:
1. This Coastal Development Permit authorizes an AT&T Field Operation Center at 3202
Hoover Avenue. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibit A-2" Revision, case file
no. 2007-51 CDP, dated October 2, 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. The
landscape plan shall reflect the use of drought tolerant planting and water conserving
irrigation devices. All parking islands and areas not used for vehicular or pedestrian
access shall be landscaped. All landscaping in the vicinity of the marsh area shall
conform to all revegetation and restoration provisions of the Mitigation Monitoring
Report. The landscape plan shall be reviewed by a biologist to ensure compatibility with
the native landscaping adjacent to Bannister Marsh.
3. Exterior walls of buildings/freestanding signs/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.
4. Prior to final building permit inspection and approval, all temporary lighting shall be
removed from the premises.
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July 1, 2008
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5. The marsh and buffer will be set off from the development footprint by a fenced 25-foot
buffer along the southern boundary of the marsh as delineated and described by the
Local Coastal Program Open Space Reserve (OSR) designation. The fencing will be a
chain -link with slats fence of six (6) feet in height. The buffer will be excavated one foot
on the marsh side to remove existing fill. This removal will result in a slope that will be
day -lighted to the present elevation, 12 feet from the marsh edge. This slope and the
remainder of the 25-foot buffer is to be ripped to a depth of 6-inches to allow for seeding
and planting.
6. Install a fence with one lockable gate between the proposed use and the wetland buffer.
The fence must be adequate to prevent entry by humans into the buffer. Any trespass
into the marsh shall be corrected upon detection.
7. Install signage in appropriate locations along the fencing to explain the sensitive nature
of the buffer and Bannister Marsh and to inform people not to enter. The signs should
read "No Trespassing — Sensitive Wetland Area".
8. All structures and active or passive uses within the buffer, with the exception of the
restoration and maintenance activities, shall be prohibited and prevented.
9. All exterior lighting shall be shielded and directed away from Bannister Marsh and the
landscape buffer.
10. All structures with a view of or within 200 feet of Bannister Marsh, including fencing
surrounding the buffer area shall be topped with Nix-A-Lite wire to prevent raptor
perching.
11. Design and implement a water quality treatment system at the north end of the disturbed
area to treat runoff from the site prior to such flow entering the Bannister Marsh system.
12. Do not include invasive plant species, as identified in the Invasive Plant Council's
current inventory of invasive plants (htto://www.calipc.oro/ip/inventorv/index.oho), in any
landscaping proposed for the proposal.
13. The removal of exotic vegetation and replanting with native species constitutes an
alteration of the drainage. A California Fish and Game Code 1600 Streambed Alteration
Agreement from the California Department Fish and Game will be required.
14. The southern buffer area is to be planted, by seed or container -grown plants, with native
annuals and perennials implemented to provide forage habitat, cover and erosion
control. The plantings shall be consistent with the recommended taxa list included with
the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated August
29, 2007, Revised January 11, 2008.
15. The eastern inlet area is to be planted, following the removal of the exotic plants there,
with Freshwater Marsh vegetation so that this area functions as a water quality
treatment marsh. This will require lowering the northern area adjacent to the inlet a
distance of 2 feet to allow for greater inflow retention time and to permit storm flows
without eroding out the treatment plantings. Treatment Marsh plantings shall be
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July 1, 2008
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consistent with the recommended taxa list included with the Biological Assessment and
Jurisdictional Delineation PSBS #U883, dated August 29, 2007, Revised January 11,
2008.
16. Protection of all installed plant materials on the project site will be provided by temporary
orange construction fencing installed along the edges of these features to protect all
environmentally sensitive areas. The fencing locations will be approved by the Project
Biologist prior to installation, and shall be installed around these areas prior to the
beginning of vegetation clearing and grading. The fence will consist of orange snow
fence attached to metal T-posts. All fencing materials must be a minimum of 4-feet high
to prevent construction equipment and personnel from entering environmentally
sensitive areas. The protection fence will remain in -place until restoration/enhancement
activities are complete.
17. Restoration of the area within the wetland buffer shall include preparation of the area for
planting native upland species, and shall include a Mitigation Monitoring and Reporting
Plan (MMRP) with a life of a minimum of five years. The MMRP shall include steps for
evaluation of the effectiveness of all mitigation measures, including the prevention of
raptor perching. If the steps included herein, or addressed under Conditions of Approval
of the associated discretionary permit (2007-51 CDP, IS) are not effective, additional
time and/or resources shall be attributed to ensure success of said measures.
18. Maintenance of the buffer area shall include removing any non-native species that
become established, replacing of native plants that do not survive, and temporarily
irrigating or watering the native vegetation to assist in its establishment. Maintenance of
the buffer should continue until the planted native vegetation persists without irrigation
for at least two growing seasons.
19. Grading plans for the project should include conditions requiring measures to avoid
direct or indirect impacts from dust, erosion and siltation. Grading should result in
contour that does not allow for runoff into the marsh habitat other than through
controlled drainage structures with appropriate best management practices to removed
pollutants. Best Management Practices (BMP's) will be utilized during construction to
insure control of runoff and sedimentation. All grading activities will take place outside of
breeding or nesting seasons of marsh habitat species.
20. The applicant shall demonstrate that no machinery fluids will be added or changed on
the revegetation site or near the stream channel; refueling of machinery will occur within
designated upland areas and only over areas with a non -permeable membrane installed
to be noted on grading and building plans.
21. A note shall be included on all grading and building plans that no dumping of debris or
stockpiling of soil will occur in or near the Bannister Marsh.
22. On -going archaeological and paleontological monitoring shall be conducted during all
construction and development activity that involves grading, excavation, or other
disruptions to the surface of, and/or materials at depth beneath the project site.
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23. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code,
California Fire Code and California Title 24 energy and handicapped regulations.
24. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
25. The property is in the Federal Flood Plain area. A Flood Hazard Permit shall be obtained
from the Engineering Department.
26. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) 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) approved Standard Urban Storm Water Mitigation Plan (SUSMP)
documentation will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer.
27. 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.
28. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation
Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No
runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected
from surface run-off resulting from this development.
29. 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.
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30. A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharges of storm water runoff associated with construction greater than 1 acre
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.
31. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board
(RWQCB).
32. 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.
33. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced.
34. 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.
35. Street improvements shall be in accordance with City Standards. All missing street
improvements shall be constructed. Abandoned driveway aprons shall be replaced with
curb, gutter and sidewalks.
36. 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.
37. The project is to be designed, developed and constructed in compliance with the
California Fire Code (CFC) 2007 edition or CFC in effect at time of permit issuance and
the most current National Fire Protection Association (NFPA) Standards and City of
National City Municipal Code and Ordinances as adopted by the City of National City.
38. Access into and through the yard will require a minimum clear width of 20 feet with an
unobstructed vertical clearance of 13 feet 6 inches.
39. Estimated minimum fire flow requirement will be 1,750 gpm measured at 20 psi residual
pressure with a duration of two hours.
40. Prior to building permits, information regarding fire flow requirements shall be submitted
to Sweetwater Authority to determine the need for new water systems or substantial
alteration to the existing water system.
41. 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
Resolution No. 2008 — 127
July 1, 2008
Page 7
necessary environmental filing fees to 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 $1,876.75 for a Mitigated Negative Declaration,
and a County Clerk processing fee of $50.00.
42. Before this Coastal 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 Coastal Development. 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 Coastal
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.
43. This permit shall be valid for one year from the date of final City action upon the
application, unless extended according to procedures specified in Section XIX (R) of the
Local Coastal Program Implementation Document.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
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 1st day of July, 200
Ron Morrison, Mayor
ATTEST:
16/‘
Micael R. Dalla City Cler
k
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on July 1,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: Councilmember Ungab.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
dzeili '
City Jerk 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. 2008-127 of the City of National City, California, passed and
adopted by the Council of said City on July 1, 2008.
City Clerk of the City of National City, California
By:
Deputy