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HomeMy WebLinkAboutReso 11-99, CDP-1999-4, PD-1999-3RESOLUTION NO. 11-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND PLANNED DEVELOPMENT PERMIT TO CONSTRUCT THE HISTORIC RAILCAR PLAZA AT THE SOUTHEAST CORNER OF 24THSTREET AND HARRISON AVENUE APPLICANT: PORT OF SAN DIEGO CASE FILE NOS. CDP-1999-4/PD-1999-3 WHEREAS, the Planning Commission of the City of National City considered Coastal Development Permit and Planned Development Permit applications for the construction of the historic railcar plaza at the southeast corner of 240' Street and Harrison Avenue at a duly advertised public hearing held on November 15, 1999, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CDP-1999-4 and PD-1999-3, which are maintained by the City and incorporated herein by reference along with the final environmental impact report and 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. 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 November 15, 1999, support the following findings: FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, the Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-30224, and 30252, since the project is specifically identified in the Harbor District Plan and conditions of approval required by the Harbor District Plan for the proposed development will be incorporated into the permit. 2. That granting of the Coastal Development is consistent with all other plans and ordinances of the City, since City Codes and the General Plan identify this area for tourist activities. 3. That granting of the Coastal Development is consistent with Chapter 5 of the Harbor District Specific Plan and Section 18.102 of the Land Use Code, since the project conforms with development and design standards and will protect visual resources. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the .32-acre site is vacant and available for development of the proposed 1,659 square foot building. 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 property will have access to 24" Street via the Harrison Avenue extension. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project involves minimal grading and is subject to conditions that will direct all runoff away from adjacent properties and Paradise Marsh. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will include historic items and art for viewing by the public. BE IT FURTHER RESOLVED that the Planning Commission has considered the Harbor District Specific Plan Supplemental Environmental Impact Report, and finds on the basis of said report that the project will not have a significant effect on the environment, and that the Supplemental Environmental Impact Report adequately addresses the environmental effects of the project, since these are no changes in the project or required mitigation measures as addressed in the Supplemental Environmental Impact Report. BE IT FURTHER RESOLVED that the applications for a Coastal Development Permit and Planned Development Permit are approved subject to the following conditions: There are plans to widen 24"' Street. The railcar plaza site plan must consider this proposed widening. Indicate curb return data on grading and site plan. 2. The parking lot pavement sections shall be a minimum of 2.5-inch A.C. over 4-inch Class II aggregate base. 3. All electrical, telephone, and similar underground distribution service wires for the proposed structure shall be placed underground. 4. For PVC irrigation lines in the right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. Indicate as a note on the plan. 5. All existing survey monuments, including any benchmarks, used to establish horizontal and vertical control shall be shown on the grading and site plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. 6. A title report shall be submitted to the Engineering Department for review of all existing easements and ownerships at the property. 7. A permit shall be obtained from the Engineering Department for all improvement work within the Public right-of-way, and the grading construction on private property. 8. Submit a cost estimate for all of the proposed on -site improvements, and submit an amount to the satisfaction of the Engineering Department. 9. Plans must comply with the 1998 California Building, Plumbing, Electrical, Mechanical, and Energy Codes and the California Title 24 Handicapped regulations. 10. Fire Department access must be maintained with a minimum 20-foot width and thirteen - foot, six-inch (IY-6") vertical clearance. 11. 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 No. CDP-1999-4/PD-1999-3, dated October 21, 1999. 12. Grading plans shall be submitted in accordance with the requirements of the National City Harbor District Specific Area Plan outlined in section 3.3.3.12. 13. In order to comply with National City Harbor District Specific Area Plan Section 3.3.3(d), 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 Permit. 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. 14. In compliance with National City Harbor District Specific Area Plan trash disposal requirements (Section 3.3.3.4), the following measures shall be implemented: a. Easily accessible litter receptacles shall be placed at regular intervals throughout the facility. The receptacles shall be covered, secured to prevent overturning, and designed to prevent intrusion by animals. The receptacles shall be frequently emptied and shall be marked with multi-lingual educational signs, including English and Spanish at minimum. b. Additional trash disposal requirements may be imposed if adherence to the standards set forth in this section is deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh. 15. All lighting shall comply with National City Harbor District Specific Area Plan lighting requirements (Sections 3.3.3.6) as follows: a. Lighting shall be directed away from Paradise Marsh and the adjacent habitat buffer, and be designed and located to minimize perching opportunities for avian predators. b. All new or relocated utility facilities, including utility poles, shall be designed and located to minimize perching opportunities for avian predators. 16. All grading and drainage shall comply with National City Harbor District Specific Area Plan erosion, sedimentation, and pollution discharge requirements (Section 3.3.3.10) as follows: a. All areas disturbed by vegetation removal or earthwork shall be revegetated within 30 days of the completion of construction, or by November 1, whichever occurs first. b. To ensure effective functioning, traps shall be cleaned prior to November 1 each year, and inspected and cleaned either: i. monthly through April 30; or, ii. within one week of every rainfall event totaling 1/2 inch or more in a 24- hour period, whichever is more frequent.. C. Additional requirements may be imposed if adherence to the standards set forth in this Plan are deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh from the adverse effects of sedimentation and pollutant discharge. 17. Grading and construction shall comply with National City Harbor District Specific Area Plan drainage requirements (Section 3.3.3.11) as follows: a. Storm drain runoff into Paradise Marsh shall be prohibited. b. All storm water drainage shall be to storm drains. C. The project shall implement treatment or structural control Best Management Practices (BMPs). d. Storm water entering or originating within the Planning Area shall be periodically monitored, in cooperation with the San Diego Regional Water Quality Control Board, SDUPD, Caltrans, other public agencies, and public utilities, and reported to the public and property owners. e. Additional remediation measures and requirements may be imposed if the standards set forth in this section are deemed inadequate, based on the monitoring results, to ensure protection of the biological resources of Paradise Marsh from the adverse effects of drainage originating in the Planning Area. 18. All grading within the Planning Area shall be carried out in a manner that will prevent adverse impacts to Paradise Marsh and other delineated wetlands, as well as to the upland margin habitat buffer. All grading and construction shall be consistent with National City Harbor District Specific Area Plan requirements (Section 3.3.3.12) as follows: a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer. C. Project grading shall follow construction access routes shown on the plans, including those located outside of existing City streets and/or the construction site. d. Project grading plans designating the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, shall be subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. The biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries. g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h. Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. k. Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. in. The erosion control plan shall be reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. Erosion control shall include, as appropriate, devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. o. A site restoration plan, including detailed native plant palettes and methods for establishing successful native revegatation, shall be provided. P. The site restoration plan shall be reviewed and approved by a qualified biologist in consultation with the US Fish and Wildlife Service and California Department of Fish and Game. q. Additional requirements may be imposed if adherence to the standards set forth in this section is deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh and adjacent delineated wetlands from the adverse effects of grading. 19. Grading and construction shall comply with the additional construction requirements for the National City Harbor District Specific Area Plan (Section 3.3.3.13) as follows: a. The applicant shall be required to inform all construction contractors in writing as part of the bidding process about the biological constraints of project sites within the Planning Area. b. "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones around the perimeters of Paradise Marsh, adjacent delineated wetlands, and (after completion of the Harrison Avenue Public Access Corridor and the upland margin habit buffer) wetland habitat buffers, shall be clearly marked on construction drawings provided to the contractor(s). C. All such "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be flagged and staked in consultation with the project biologist prior to commencement of any grading or construction. d. The "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zone markers shall be maintained throughout the construction period. e. Construction -related vehicles shall be limited to existing roads, or clearly marked new access routes approved as part of, and consistent with, coastal development and grading permit requirements. f. Prior to commencement of construction, construction access routes shall be marked by flags, stakes, or similar devices, and those markings shall be maintained throughout construction. g. All vehicles shall be required to stay within such designated routes, even if backing out is required for egress from the site. h. Contractor equipment shall be checked for leaks prior to utilization in the Planning Area, at the beginning of each construction day, and be certified by the contractor in writing to be leak -free. i. A mandatory contractor education program shall be conducted by a qualified biologist with practical experience in construction to fully inform contractors and all construction personnel, without exception, of the biological resources associated with projects in the Harbor District, including about: i. the nature of, and purpose(s) for, the resource protection; ii. field identification by contractors of sensitive resource areas, including buffers, as shown on project maps or marked on the ground by flags, fencing, or by other means; iii. biologically sensitive construction techniques, and prohibited activities within delineated wetlands or wetland habitat buffers, including staging areas, equipment access, and disposal or temporary placement of new or excavated materials, earth, or any other substance; iv. the City's methodology for promptly addressing questions or resolving conflicts that may arise during construction; and, V. Consequences of non-compliance, including penalties and enforcement. The Community Development Commission of the City of National City assumes responsibility for any adverse impacts to wetland, wetland habitat buffer, or other biological resources, or other coastal resources, which may occur as a result of, or related to, construction activities, and in addition to other remediation or penalties that may be imposed, shall be required to replace or restore any impacted resources at a ratio of at least 1:1. 20. In order to comply with National City Harbor District Specific Area Plan Sections 3.5.4.1-2, ongoing archaeological and paleontological monitoring is required during all construction and development activity involving grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath, the project site. Additionally, in the event that archaeological or paleontological resources are encountered during any construction or development phase of the project, all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, C. mitigation measures have been developed to address the impacts of the construction activities. 21. Documentation shall be provided demonstrating that any previously existing above -ground utility easements have been cleared of the parcels on which the development is proposed in compliance with section 4.3.3(h) of the Harbor District Specific Plan. 22. Building colors shall be as noted in the plans to comply with section 5.2.6(d) of the Harbor District Specific Plan. 23. The access driveway for the project shall be installed in consultation with the National City Community Development Commission to ensure access to the property. 24. On -site bicycle parking spaces shall be provided. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and the City Council; and, 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 Procedure Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 6, 1999, by the following vote: AYES: UNGAB, VALDERRAMA, GODSHALK, MARTINELLI, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: