HomeMy WebLinkAboutPC Reso 2018-04(a) - Zone Variance for a Street WallRESOLUTION NO. 2018-04 (a)
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APPROVING A ZONE VARIANCE FOR THE WAIVER OF A STREET WALL
REQUIREMENT
LOCATED AT 1628 ORANGE STREET
CASE FILE NO . 2017-27 Z
APN: 561 -160-16
WHEREAS, the Planning Commission of the City of National City considered a
Zone Variance for a waiver of a street wall requirement for a property located at 1628
Orange Street at a duly advertised public hearing held on March 5, 2018 , at which time
orai and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2017-27 Z maintained by the City and
incorporated herein by reference along with 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 March 5 , 2018, support the following findings :
1. That the lot is affected by spec ia l circumstances, inc ludi ng s ize , shape, or topog raphy,
that deprive the lot of the ability to deveiop per the Land Use Code as others in the
area have , because the property has no useable street frontage and therefo re can not
meet the street wall requirement.
2. That granting of the Variance does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which
such property is situated, because no other property in the same neighborhood and
zone was required to have a minimum street wall. T his is primarily because the 75%
street wall requirement was only enacted upon the creation of the MXC-1 zone in
2011.
3. That the Va ri ance does not authorize a use that is not otherwise allowed in the zone,
because the proposed use of the property for multi-family residences is consistent
wi t h the mixed-use zoning requirement.
4. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA); staff has determined that the proposed use is
categorically exempt from environmental review pursuant to Class 32 Section
15332. This section allows for in-fill development that is consistent with the general
plan and zoning designation; occurs within city limits; is no more than five acres and
substantially surrounded by urban uses; the site has no value as habitat for
endangered, rare or threatened species; would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and can be adequately served
by all required utilities and public services. The addition in questions is consistent
with this exemption.
BE IT FURTHER RESOLVED that the application for a Zone Variance is approved
subject to the following conditions: ·
General
1 . This Zone Variance authorizes a waiver of the minimum street wall requirement of
75% for a project located at 1628 Orange Street. Plans shall be consistent with Exhibit
A, Case File No. 2017-27 Z, dated 1/23/2018.
2. Before this Zone Variance shall become effective, 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 Zone Variance. The
applicant shall also submit evidence to the satisfaction of the Planning Department
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 Zone
Variance are binding en ail present or future interest holdeiS or estate holders of the
property. The Notice of Restriction shall be approved as to form by the City Attorney
and s:gnad by the C ity r\lianager vi assig,1 prior to recordation.
3. 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 18.12.040 of the Municipal Code.
Planning
4. A landscape and underground irrigation plan shall be submitted as part of the
construction permitting process. All landscaping and irrigation improvements shall
be maintained for the iife of the project.
5. Storage space of not less than one hundred fifty cubic feet for each unit plus fifty
cubic feet for each additional bedroom more than one is required . The area utilized
by mechanical equipment (e.g., water heater, furnace, etc.) may not be included in
the cubic footage requirement. Bedroom closets shall not be included in the cubic
footage requirement.
6. Plans submitted for construction shall conform to Land Use Code Section 18.42.040
(Screening mechanical equipment and elevator housing) and 18.46 (Outdoor
Lighting).
Building
7. Plans submitted for building permits shall be consistent with the 2016 California
Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire Codes.
Fire
8. Plans submitted for building permits shall comply with the 2016 editions of NFPA,
CFC and the current edition of the CCR.
9. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per
code .
10. Fire apparatus access roads shall comply with the requirements of this section
(Section 5 CFC 2013) and shall extend to within 150 feet of all portions of the facility
and all portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building. Dead-end fire apparatus
access roads in excess of 150 feet in length shall be provided with an approved
area for turning around fire apparatus.
11 . The required width of emergency fire apparatus access roads shall not be
obstructed in any manner, including parking of vehicles. All access roads shall be no
less than 20 feet wide, no less than 14 feet high and shall have an all weathered
road with the ability to support 75 thousand pounds or greater. Where a fire hydrant
is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28
foot turning radius is required for fire department access through site. All fire
department access roads shall be painted and signed to prevent parking in these
required designated emergency areas .
12. Parking shall not impact requirements of turn-around provision at any time.
13.Grade of fire apparatus road shall be within the limits established (15% Grade) by
the fire code official based on fire department's apparatus.
14. Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire·
apparatus access roads capable of accommodating fire department aerial
apparatus. Overhead utility and power lines shall not be located within the aerial fire
apparatus access roadway.
15. Every building four stories or more shall be provided with not less than one
standpipe for use during construction. Such standpipes shall be installed when the
progress of construction is not more than 35 feet in height above the lowest level of
fire department access. Such standpipes shall be provided with fire department
hose connections at accessible locations adjacent to such useable stairs and the
standpipe outlets shall be located adjacent to such useable stairs. Such standpipe
systems shall be extended as construction progresses to within one floor of the
highest point of construction having secured decking or flooring. On each floor there
shall be provided a 2 Ya -inch valve outlet for fire department use.
16. Where the roof has a slope less than four units vertical in 12 units horizontal, a hose
connection shall be located to serve the roof of at the highest landing of a stairway
with stair access to the roof provided in accordance with the current code.
17. If entrance/exit gates are used, they shall be equipped with a Knox Box and
emergency strobes so as to provide emergency vehicle access and egress. A Knox
Key Switch shall be rsquired in conjunction with stmbe for emergency access, and
shall be placed at the front of property. Please contact the National City Fire
Department for the exact field location .
18. If an elevator is proposed, the apparatus shaii meet state standards required to
allow for emergency travel of an ambulance gurney.
19. The project shall accommodate chapters 3 and 9 of the California Fire Code_if roof
top use is determined. This may include recreation, barbecues, vegetation etc.
20. Fire hydrants that may be located throughout the project shaH not have a separation
distance greater than 300 feet. Fire hydrants shall be located within 300 feet of all
locations which are roadway accessible (measurement starts from nearest public
fire hydrant to project).
The following items pertain to fire hydrants:
a) Size and location, including size and number of outlets and whether outlets
are to be equipped with independent gate valves.
b) Fire hydrant shall be of a three-outlet design.
21 . Provide calculations confirming flow availability to meet fire flow demands and to
supply large diameter hose (4-inch).
22. Fire hydrants shall be marked using a blue reflective marker in the roadway.
23. Upon submittal for an underground permit, the following shall be included:
• Data sheet for Back-Flows
• Data sheets for Private and Commercial Hydrants
• Data sheets for Post Indicator Valves
Information on required fire hydrants back-flow devices, etc.; can be acquired from
Sweetwater Authority. All pipe and their appliances shall meet industry/code
standards for underground use .
24.An approved water supply for fire protection, either temporary or permanent, shall
be made available as soon as combustible material arrives on the site.
25. Approved veh1c!e ecr:.-3ss fo r firefighting shall be provided to all construction and
demolition sit es. Vehicie access shall be provided to within 100 feet of temporary or
permanent fire department connections. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting veh icle loading under all
weather conditions. Vehicle access shall be maintained until permanent fire
apparatus access roads are available.
26 . Should any plan corrections be required, the contractor must correct the plan and
re-submit to the Fire Department for approval once again prior to installation.
27 .Approval for final sign-off shall be contingent upon final field inspection and
compliance with all applicable codes and ordinances.
Engineering
28. 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 Department requirements.
29. The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2
checklist for the National Pollutant Discharge Elimination System (NPDES) is
required to be completed and submitted to the Engineering Department. 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 web site at the
link below *. 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.
*http://www.nationalcityca.gov/city-government/engineering-public-
works/engineering-division/online-services-forms-fees.
30. 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
Wate r Pollution Prevention Plan (SWPPP) for t he p ro ject. An a pproved SW PP P will
be required prior to issuing of a construction permit.
31.AII 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.
32. The property owner, or its successors and assigns 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 instaHed behind the sidewalk, and the irrigation
mainline upon private property only, as required by the City. The property owner or,
its successors or assigns, shall be 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.
33. 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.
A grading and drainage plan shall be submitted showing all of the proposed and
existing on-site and off-site improvements. The p!an s h a ll 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 fforn 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 drai ns, shall be
undertaken in accordance with the National Pollution Discharge Elimination System
(NPDES} regulations. A private storm water treatment maintenance agreement shall
be signed and recorded. A check list for preparation of the grading plan/drainage
plan is available at the Engineering Department.
34. All existing and proposed curb inlet on property shall be provided with a "No
Dumping" signage in accordance with the NPDES program.
35.A National Pollutant Discharge Elimination System (NPDES} permit is required for
discharges of storm water runoff associated with construction greater than 1 acre
activity where clearing , grading , and excavation results in a la nd disturbance. A
construction storm water permit shall be obtained from the Regionai Water Quaiity
Control Board. A copy of shall be given to the City of National City Engineering
Department prior to any work beginni ng on the project.
36.A Notice of Intent (NOi} shall be filed with the Regional Water Quality Control Board
(RWQCB}.
37.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 six inch in size with a clean out. A sewer stamp "S" shall be provided
on the curb to mark the location of the lateral.
38.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.
39. A soils engineering report shall be submitted for the Engineering Department'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 structurai
sections for the proposed streets, the parking areas, and the driveways. At a
minimum, the paiking 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 Nationai
City modified Standard Drawing G-34. All soils report findings and recommendations
shall be part of the Engineering Department requirements.
40.An existing 50-foot wide street easement reserved to the City of National City exists
at the northerly 50 feet of Lot E of Block 5 of Map 1785 excepting thewesterly 221.5
feet and the easterly 30 feet of Lot F of Map 1785 and no building encroachment will
be allowed within the easement (see attached document). The easement shall be
shown on the plans.
41. 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 with the County of San Diego Recorder. A copy of the documents filed shall
be given to the City of National City Engineering Department as soon as filed.
42.A permit shall be obtained from the Engineering Department for alf improvement
work within the public right-of-way and any grading construction on private property.
43. Street improvements shall be in accordance with the City Standards. All missing
street improvements shall be constructed. Abandoned driveway aprons shall · be
replaced with curb, gutter, and sidewalks.
44. The site plan shaii be revised to show the existing street easement granted to the
City per attached document. Parking shall conform to City of National City
standards.
45.A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property.
46.AII proposed NO PARKING zone(s) (red curbing) shall be shown in the street
improvement plans.
47.AII new dwellings are subject to a Transportation Development Impact Fee of
$2,405.00. This includes new homes, condos, and apartments.
48.AII electrical, telephone, and similar distribution service wires for the new structure(s)
shall be placed underground.
49.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.
50. A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted.
51. The City Engineer suggests that the developer contact SDG&E to have a street light
installed on the existing pol e on th e e asterly end of the unnamed street where street
parking is proposed.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith t~ the applicant and to the City Council.
BE IT Fl NALLY 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 Councfl meeting. The City Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of March 5, 2018, by the following vote:
AYES : Yamane, Sendt, Garcia, Quinter o
NAYS: Fl.ibres, Dela Paz
ABSENT: liaca
ABSTAIN: None