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Home My WebLink AboutCC RESO 2019-174RESOLUTION NO. 2019 — 174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GENERAL PLAN AMENDMENT FOR THE REZONING OF PROPERTY LOCATED AT 2443 "N" AVENUE FROM LARGE LOT RESIDENTIAL (RS-1) TO INSTITUTIONAL (I) WHEREAS, the City Council of the City of National City considered said certification at a duly advertised public hearing held on December 3, 2019, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2019-04 GPA, which is maintained by the City and incorporated herein by reference, along with any other evidence presented 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 hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on December 3, 2019, support the following findings: FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 1. The proposed development is consistent with General Plan Land Use Policies OS-3.1, OS- 3.2, OS-3.4 and HEJ-4.4 because the site will be used to support an existing private garden that is used to educate students and families from underserved communities on the environment, hands-on gardening, and hands-on cooking. BE IT FURTHER RESOLVED, that the application for Tentative Subdivision Map is approved subject to the following conditions: General 1. This General Plan Amendment and Zone Change authorizes the zone change of 2443 `N' Avenue from Large Lot Residential (RS-1) to Institutional (I). Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2007-249 are still in effect. All plans submitted for permits associated with the project shall conform to the conditions of approval contained in the approval resolution for Case File No. 2019-04 GPA, ZC. 2. This General Plan Amendment and Zone Change shall not become effective until the properties addressed 2443 `N' Avenue and 2505 `N' Avenue (APNs 563-040-09 and 563-040-11 respectively) have been merged. Before this General Plan Amendment and Zone Change shall become effective, the applicant and/or 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 General Plan Amendment and Zone Change. The applicant shall also submit evidence to the satisfaction of the Planning Division 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 Resolution No. 2019 —174 Page Two of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment and Zone Change 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 City Manager or assign prior to recordation. 3. 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. Building 4. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Fire 5. Plans submitted for improvements must comply with the current editions of National Fire Prevention Association regulations, the California Fire Code and the current edition of the California Code of Regulations. 6. Per the zone change, the existing property is being changed from an "R" property to an "I" property. Further evaluation shall be conducted by the National City Fire Department, if this property is used for this purpose. 7. Approved signs or other approved notices or markings (Red Curb) that include NO PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. All projects shall be evaluated for this necessary application. 8. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 9. Should any plan corrections be required, contractor must correct the plan and re -submit to the Fire Department for approval once again prior to installation. Planning 10. All future construction shall comply with Chapter 18.26.030 (General development standards) of the National City Municipal Code. In particular, no structure shall be placed within 25 feet of the property line abutting residentially -zoned properties. 11. If constructed within 100 feet of the northerly property line, any balconies or other exterior use areas shall face south to avoid noise impacts to residential areas located to the north. Resolution No. 2019 —174 Page Three 12. All current and future activities shall comply with Table III of Title 12 (Noise) of the National City Municipal Code. 13. Any plans submitted for a parking lot on the property shall include a minimum 10-foot wide landscaped buffer. If parking spaces are directed towards adjacent residential properties, screening shall be required in the form of a wood fence or privacy hedge to screen said properties from vehicle operations, including headlights at night. 14. Properties currently addressed as 2443 `N' Avenue and 2505 `N' Avenue (APNs 563-040-09 and 563-040-11 respectively) shall be merged. 15. All future development shall provide adequate parking, as specified in Chapter 18.45 (Off-street parking and loading) of the National City Municipal Code. 16. Any retaining walls, or sections thereof, constructed on the east side of the property shall not exceed eight feet in height. If step -backs between sections are necessitated, the area between wall sections shall include landscaping to break up the mass of the wall. This landscaping shall be automatically irrigated. 17. A Temporary Use Permit (TUP) is required for any special events held on site. Unless able to located on -site, any required off -site parking shall be secured for each event in order to minimize the impact on the neighborhood, and shall be identified in the TUP. BE IT FURTHER RESOLVED that the City Council hereby approves a General Plan Amendment for the rezoning of property located at 2443 "N" Avenue from Large Lot Residential (RS-1) to Institutional (I). BE IT FURTHER RESOLVED that this Resolution amending the General Plan for the rezoning of property located at 2443 "N" Avenue shall take effect thirty (30) da s after its passage. PASSED and ADOPTED this 3rd day of De Alejandra Michael 6t. Dalla, City Clerk APPROVED AS T FORM: !%/'�J </ 'gi f4�1i�l:�. - _ - orney yor Passed and adopted by the Council of the City of National City, California, on December 3, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-174 of the City of National City, California, passed and adopted by the Council of said City on December 3, 2019. City Clerk of the City of National City, California By: Deputy