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HomeMy WebLinkAboutSA RESO 2012-28RESOLUTION NO. 2012 — 28 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW (2012-16 DSP) FOR "REVOLUTION 2" LOCATED AT 1105, 1121, AND 1123-1125 NATIONAL CITY BOULEVARD, AND ADJACENT TO 41 EAST 12TH STREET (APN'S 556-554-18, 19, 20, AND 25) SUBJECT TO CONDITIONS OF APPROVAL AND BASED ON FINDINGS OF FACT APPLICANT: THE FOCUS GROUP WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Successor Agency to consider all development proposals at a public hearing; and WHEREAS, the Successor Agency considered the application at a duly advertised public hearing held on October 18, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Successor Agency considered the recommendation and findings of the staff report contained in Case File No. 2012-16 DSP, 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 Successor Agency desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the Successor Agency 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 Successor Agency to the Community Development Commission as the National City Redevelopment Agency finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance. The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Downtown Specific Plan. The proposed project complies with all development standards for Development Zone 5B of the Downtown Specific Plan, including floor area ratio, building height, and parking. 2. Creating a Place for People. The project enhances the pedestrian experience with attractive and distinctive design and amenities. The proposed project creates a pedestrian amenity in the form of an outdoor dining area along National City Boulevard. Resolution No. 2012 — 28 December 18, 2012 Page 2 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. The proposed project design is appropriate in the context of the adopted Downtown Specific Plan vision for the area. The scale of the project is compatible with nearby development (Centro). 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. Automobile parking is completely contained below grade, and vehicular circulation and access is limited to two separate driveways into the site, which would reduce pedestrian - automobile conflicts. 5. Work with the Landscape. The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources —climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. The proposed project does not significantly alter the existing landform, and is designed into the existing site topography. 6. Mix Uses and Forms. The project weaves together different building forms, uses, textures, and densities. The proposed project architecture and design creates a variety of articulation in the building, and includes a range of materials, colors, and textures in its design, and would be consistent with the existing Centro project to the east. 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. The proposed project would introduce compact development to the site. Vehicular traffic would be controlled through minimal access into the site, reducing curb cuts and vehicular - pedestrian conflicts. Parking would be contained internally and below grade to reduce the amount of land area used for surface parking facilities and vehicular circulation. BE IT FURTHER RESOLVED that the Successor Agency finds that the project, based on the findings herein, would be consistent with the adopted Downtown Specific Plan for which a Program Environmental Impact Report was certified, and a Mitigation Monitoring and Reporting Program adopted, and finds on the basis of the whole record that the project would not result in a new significant impact or substantial increase in the severity of previously identified impacts, and that this finding reflects the Successor Agency's independent judgment and analysis. Resolution No. 2012 — 28 December 18, 2012 Page 3 BE IT FURTHER RESOLVED that the Successor Agency, in order to insure that the project is developed in substantial conformance with the approved plans, that all necessary improvements are provided, and that the project be consistent with the Downtown Specific Plan, determines that the project shall be subject to the following conditions of approval: General This Consistency Review authorizes the construction of a mixed -use project incorporating 157 residential units, 3,000 square feet of commercial space, and 209 parking spaces on property between 11th and 121h Streets, and between "A" Avenue and National City Boulevard (not including the Enterprise Rent-A-Car property). Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"d Revision, Case File No. 2012-16 DSP, SC, dated November 1, 2012. 2. 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 Division. 3. Before this Consistency Review shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Consistency Review. The applicant shall also submit evidence to the satisfaction of the Executive 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 Consistency Review 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 Executive Director prior to recordation. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, Accessibility, and Green Codes. Engineering 5. 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 Division requirements. Resolution No. 2012 — 28 December 18, 2012 Page 4 6. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with City requirements. The plan shall show all existing storm drains and details of any new connections. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division. 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. 8. 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. 9. 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. 10. The property owner and/or landlord shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner and/or landlord shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 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 Resolution No. 2012 — 28 December 18, 2012 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 Division. 13. The existing and proposed curb inlets on the property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than one (1) acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of which shall be given to the City of National City Engineering Division prior to any work beginning on the project. 15. 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. 16. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 17. A soils engineering report shall be submitted for the Engineering Division'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. 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 Division requirements. 18. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically, all sidewalks along 11`h Street, 121h Street, and "A" Avenue, and all curb and gutter along 11th Street and 12th Street. 19. The existing pedestrian ramps at 12th Street and "A" Avenue, and 11th Street and "A" Avenue shall be removed and replaced with standard ramps that comply with ADA requirements and the Regional Standard Drawing G-27. 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 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 Resolution No. 2012 — 28 December 18, 2012 Page 6 with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Division as soon as filed. 22. A permit shall be obtained from the Engineering Division 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 the City Standards. All missing street improvements along the property frontages shall be constructed. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. "A" Avenue has been identified as a 'green street', and as such shall incorporate low -impact design (LID) features consistent with the City's "A" Avenue Green Street Pedestrian Pathway Project. 24. A title report shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 25. All electrical, telephone, and similar distribution service wires for the new structure(s) shall be placed underground. 26. 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. 27. The eastern half of the southern 100 feet of the alley between 11`h and 12th Streets, plus three feet west of the alley centerline, shall be replaced. Fire 28. The project shall be in compliance with the current editions of the NFPA, CFC 2010 edition, and National City Municipal Codes. 29. Fire alarm and fire sprinkler plans will be required. 30. Temporary standpipes shall be required at the start of the construction of the third floor. 31. Plans shall be in compliance with National City Municipal Code Section 15.28. Planning 32. No grading or construction activities may take place, or permits for such activities issued by the City of National City, until the associated vacation of the northerly 160 feet of alley has been completed. 33. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to Resolution No. 2012 — 28 December 18, 2012 Page 7 building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Police 34. Incorporate CPTED (Crime Prevention Through Environmental Design) principles during planning and construction periods. Sweetwater Authority 35. Any new water services required to serve the project shall include the installation of backflow prevention assemblies. 36. Water meters shall not be located within three feet of the edge of a driveway apron. 37. A ten -foot horizontal separation shall be provided between water laterals. 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 Successor Agency 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 18th day of Dece er, 2012 Ron Morrison, Chairman ATTEST: Michael R. Dalla, ity Clerk as Secretary to the Successor Agency AS TO FORM: CkWdia Ga ' ua Silva Successor a cv Counsel Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on December 18, 2012 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California By: Jl City Clerk Servi g as Secretary to the Successor Agency Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-28 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on December 18, 2012. City Clerk Serving as Secretary to the Successor Agency By: Deputy