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.
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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.
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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.
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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
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December 18, 2012
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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
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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