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HomeMy WebLinkAboutReso 24-95, PD-1995-5, Z-1995-3RESOLUTION NO.24-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR AN ADULT SCHOOL AND ZONE VARIANCE TO ALLOW PARKING WITHIN THE 10 FOOT FRONT YARD SETBACK AND TO ALLOW A PORTION OF A BUILDING WITHIN THE 5 FOOT EXTERIOR SIDE YARD SETBACK ON VACANT PROPERTY LOCATED AT THE NORTHWEST CORNER OF 24TH STREET AND WILSON AVENUE. APPLICANT: MARTINEZ, CUTRI & MCARDLE CASE FILE NOS. PD-1995-5/Z-1995-3 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for an adult school and Zone Variance application to allow parking within the 10 foot front yard setback and to allow a portion of a building within the 5 foot exterior side yard setback on vacant property located at the northwest corner of 24th Street and Wilson Avenue at the regularly scheduled Planning Commission meeting on October 16, 1995, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File Nos. PD-1995-5 and Z-1995-3 which are maintained by the City and incorporated herein by reference; 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that.the testimony and evidence presented to the Planning Commission at the public hearing held on October 16, 1995, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since there is adequate area for development of an adult school with 142 on -site parking spaces and landscaping in accordance with Land Use Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site has 340 feet of frontage on Wilson Avenue from which access will be provided. A traffic study, prepared by Urban Systems Associates, dated September 7 and amended September 18, 1995, determined that the project would not significantly impact traffic circulation in the area. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the property is surrounded by San Diego Trolley right-of-way to the west, the San Diego Trolley station to the north, and commercial development to the east across Wilson Avenue and to the south across 24th Street. Location of the adult school adjacent to a public transit center (trolley and bus transfer point) will allow for increased ridership of the adjacent trolley and bus service. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide new adult educational facilities adequate in size to meet the needs of the community. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 5. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the site is higher in elevation than 24th Street and is separated from the street by a retaining wall. This reduces the need for buffering and screening typically provided in required setbacks. Also, the proposed buildings must be located outside the existing San Diego Gas & Electric transmission powerline easement along the westerly property line, thereby reducing the amount of buildable area on -site. 6. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since the required front yard setback is not readily visible from 24th Street thereby reducing the need for buffering and screening from the street and an existing powerline easement reduces the amount of buildable area on the site. 7. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since educational facilities are a permitted use with issuance of a planned development permit under the CT-PD zone designation which applies to the property. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-1995-9 together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. A grading and drainage plan shall be submitted which shows all existing and proposed on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a registered civil engineer. The demolition of the improvements on the vacated portion of 23rd Street in this area and their replacement shall be called out on the plans. 2. Separate street improvement and striping plans for Wilson Avenue showing all existing and proposed improvements shall be submitted to the Engineering Department. The plans shall be in accordance with the City's requirements and shall include the complete widening of Wilson Avenue to two way traffic and the associated infrastructure work. A new left turn lane is required on Wilson Avenue at 24th Street. Wilson Avenue shall have two travel lanes for a minimum travelway width of 40 feet and a right-of-way width of 60 feet. 3. A drainage study (on -site and off -site) shall be submitted in conjunction with development plans. All surface runoff, including landscaping, shall be collected by approved drainage facilities and directed to the street by curb outlets. 4. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all existing and proposed slopes on the property. It shall also address the adequacy of building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural section for the street, parking areas and driveways. As a minimum, the parking lot pavement shall be 2 inches A.C. over 4 inches Class II aggregate base. The street pavement section shall be in accordance with National City Standard Drawing 113-SB as a minimum. 5. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Laterals shall be a minimum of 6 inches in size with clean -outs. 6. Street right-of-way shall be dedicated to the City for the proposed widening of Wilson Avenue between 22nd Street and the proposed projection of 23rd Street. 7. A portion of the property is in the federal floodplain area. A Flood Hazard Area Development (FHAD) Permit shall be obtained from the Engineering Department. 8. The removal and replacement of a 395 ft. by 22 ft. wide section of damaged street pavement on Wilson Avenue is required. 9. All existing survey monuments, including any bench marks, shall be shown on plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of improvements. 10. Any abandoned driveway shall be removed and replaced with full height curb, gutter and sidewalk. All new and existing driveways shall be shown on the plans. The proposed driveway shall be an alley entrance type driveway with pedestrian ramps. No curb extensions from the driveway onto the public right-of-way of Wilson Avenue will be permitted, as shown on the site plan. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all grading operations on private property. 12. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, drainage, street improvement and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall be deposited with the City for plan checking and inspection costs at the time the plans are submitted. The performance bond shall be posted and the grading permit shall be issued prior to approval of the building permit. 13. The current width of Wilson Avenue does not provide for angled parking. Therefore, the proposed off -site angled parking as shown on the site plan will not be permitted. If the applicant desires angled parking, additional right-of-way will have to be dedicated. 14. The existing pedestrian ramp at the corner of 24th Street and Wilson Avenue shall be replaced with a new standard pedestrian ramp. 15. A portion of the cross -gutter on Wilson Avenue, an approximately 24 ft. by 10 ft. section as marked at the site, shall be removed and replaced with a new section in accordance with City requirements. 16. A new sidewalk shall be constructed on Wilson Avenue. The approximate length of the new sidewalk is 72 feet. It shall be a minimum of 5 feet wide. Also, the existing sidewalk (approximately 346 sq.ft.) on Wilson Avenue shall be removed and replaced with a new one. 17. In conjunction with the widening of Wilson Avenue, the intersection of 24th Street and Wilson Avenue will require traffic signals. The school district shall contribute 25 percent of the cost of the signals to the City. 18. The existing street light mounted on the power pole at the corner of 24th Street and Wilson Avenue shall be upgraded to City standards. 19. At the time of submittal, the plans shall comply with current editions of the State Building Standards Code, the Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and California handicapped regulations and energy regulations. 20. The Required Fire Flow will be 2125 GPM for 2 hours at a minimum 20 PSI residual. This flow is based on Type V-N construction. The owner shall obtain written verification from Sweetwater Authority to the Fire Department that this flow can be met. If improvements are necessary to provide the required fire flow, the owner shall enter into an agreement with Sweetwater Authority to provide those improvements. 21. The building must be sprinklered in accordance with NFPA Standard No. 13. Plans must be submitted to the Fire Department by a qualified and licensed sprinkler contractor prior to installation. 22. An approved fire alarm system shall be provided for the sprinkler system and monitored by an approved central station supervisory system. Plans shall be submitted to the Fire Department by a qualified and licensed fire alarm contractor. The elevator shall be provided with a smoke detection system in accordance with the Uniform Building Code capable of recalling the elevator to the first floor in event of a fire. 23. Fire extinguishers with a minimum rating of 2A:10 BC must be provided throughout the school. One extinguisher shall be provided for each 3,000 sq.ft. of floor space with a maximum travel distance of 75 feet. 24. Fire lane striping and signage shall be provided where necessary in accordance with the Uniform Fire Code. 25. Knox boxes or knox switches shall be provided for each remote control security gate. 26. Occupant load signs shall be posted in accordance with the Uniform Building Code. 27. An automatic fire suppression system shall be provided to protect cooking equipment in the restaurant. Plans shall be submitted to the Fire Department by a qualified and licensed contractor. A 40:13C fire extinguisher shall also be provided for the restaurant. 28. The address shall be clearly visible from the street and on a contrasting background. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. Trash enclosures shall be in accordance with City standards. They shall have a stucco exterior to match the building. 31. Graffiti resistant materials shall be applied to the exterior walls of buildings and trash enclosures to a height of not less than 6 feet. Graffiti shall be removed within 24 hours of its observance. 32. 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. 33. A sign permit shall be obtained for all signs. The under marquee sign facing Wilson Avenue shall be no more than 32 sq.ft. in area or a variance shall be obtained. 34. The parking lot shall be striped with hairpin lines in accordance with Section 18.58.700 of the Land Use Code. The parking lot shall be posted with signs indicating a minimum of 104 individual spaces are for adult school parking only between the hours of 8:00 a.m. and 10:00 p.m., Monday thru Friday. 35. Evidence that the two parcels have been merged into one shall be provided to the Planning Department prior to issuance of a building permit. 36. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A - revised, Case File Nos. PD-1995-5/Z-1995-3, dated 10/11/95. 37. Before this Planned Development Permit and Zone Variance shall become effective, the applicant 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 Planned Development Permit and Zone Variance. 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 Planned Development Permit-1995-5 and Zone Variance-1995-3 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. 38. Use of the property as authorized by this Planned Development Permit and Zone Variance shall be limited to an adult school. 39. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 6, 1995, by the following vote: AYES: Martinelli, Flores, Large, Knutson, Godshalk NAYS: ABSENT: ABSTAIN: Detzer, Baca CHAIRMAN