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HomeMy WebLinkAboutPC Reso 2019-09 - Plan Amendment, Zone ChangeNOW, THEREFORE, BE IT RESOLVED by the City 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 June 3, 2019, support the following findings: FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT AND ZONE CHANGE 1.The proposed development is consistent with General Plan Land Use Policies LU- 1.2, LU 2.6, and LU-2.9, and Goal LU-2, because the area is disturbed and or/developed, and is currently vacant and prime for development. Having a comprehensive commercial project in this area will contribute to the City's future zoning and land use designation requirements, as well as employment needs. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1.The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because drive-through businesses are identified as a conditionally-allowed use in the Major Mixed-Use District (MXD-2) zone, and the proposed drive-through aisle meets all requirements as contained in NCMC §18. 41 -Site Planning Standards. 2.The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code conditionally allows drive-through businesses in the MXD-2 zone; the Land Use Code is consistent with the General Plan. Additionally, there are no Specific Plans affecting this location. 3.The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the property will be completely redeveloped and will provide enough parking spaces based on provisions outlined in the Land Use Code. In addition, the proposed drive-th rough aisle meets all requirements for such uses outlined in the Land Use Code, as discussed in the staff report. 4.The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the project is expected to generate approximately 621 additional average daily trips, which can be accommodated by existing road network. Sweetwater Road in this location is currently operating at an LOS of C (passing), and is calculated by the provided traffic impact analysis to continue to have a passing LOS (D) after construction. 5.Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvement s in the vicinity and zone in which the property is located, because the project area is on the periphery of a mixed­ density neighborhood and will not contribute to a significant increase in traffic in said neighborhood, and because a condition requiring the use of noise­ attenuating speakers is included. In addition, the new business will be a benefit the public interest by providing job opportunities. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said General Plan Amendment, Zone Change, and Conditional Use Permit for the rezoning of property located at 2311 and 2305 Sweetwater Road, and 3320, 3330, and 3336 Orange Street from Small Lot Residential (RS-2) to Major Mixed-Use District (MXD-2), and the construction of a 5,500 square-foot commercial center with a drive-through business, subject to the following cond itions: General 1.This General Plan Amendment, Zone Change, and Conditional Use Permit authorizes a 5,500 commercial strip center with a drive-through coffee shop and 27 parking spaces located at 3320, 3330, and 3336 Orange Street, and 2305 and 2311 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A and B, Case File No. 2017-13 GPA, ZC, CUP, IS, dated 4/23/2019). 2.This General Plan Amendment, Zone Change, and Conditional Use Permit shall not become effective until the Negative Declaration associated with the project has been certified and the Notice of Determination filed. 3.This Conditional Use Permit shall not become effective until the General Plan Amendment and Zone Change have been approved, and the post-entitlement annexation process with the Local Agency Formation Commission (LAFCO) has been completed. 4.The MXD-2 zone designation must be in place for two years from the date of annexation unless findings are made by the City Council that a change within two years is appropriate based on special circumstances out lined in Government Code Section 56375. 5.Before this General Plan Amendment, Zone Change, and Conditional Use Permit 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, Zone Change, and Conditional Use Permit. 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 of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment, Zone Change, and Conditional Use 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 City Manager or assign pr ior to recordation. 6.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. The current fee to record the Notice of Determination for a Negative Declaration is $2,354.75, but may be subject to change. Building 7.Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 8.The Priority Project Applicability 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 Department. If it is determined that the project is subject to the "Priority Project Perm anent 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. 9.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. 1 O.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. 11. 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 installed 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. 12. 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. 13.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 pe implemented with the design of the grad ing. 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 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. 14. All existing and proposed curb inlets on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 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 six inches in diameter 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 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 pressu re and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch AC. 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 Department requirements. 18.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 19. 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. 20. 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, and 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. 21.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 22. 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. 23. A title report shall be submitted to the Engineering Department, after the City Council approval, for review of all existing easements and the ownership at the property. 24.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. 25.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. 26.The developer shall bond for the public improvements and the on-site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the beginning of construction. 27.SUSMP documentation, as necessary, must be submitted and approved. Fire 28.Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations at the time of plan submittal. Planning 29. The five individual properties shall either be merged or restricted through covenant to be held as one for the life of the project. The merger or restrictive covenant shall be completed or in place prior to issuance of grading or building permits. If the developer elects to record a restrictive covenant, the document shall be approved as to form by the City Attorney and recorded with the San Diego County Recorder. 30.Access to the drive-through aisle shall only be westbound from Orange Street. No eastbound access from the westerly driveway on Sweetwater Road to the drive­ through is permitted. 31.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process in compliance with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190 related to water efficient landscape requirements. Installation and continued maintenance of minimum landscaping items required by Section 18.41.020(C)(3), including a minimum three-foot hedge and ornamental trees spaced 20 feet on center along the Sweetwater Road and Orange Street frontages, shall be provided. The landscaping and irrigation required by this approval shall be maintained for the life of the project. 32. Plans submitted for construction shall conform to minimum turning radius requirements for drive-through businesses unless the City Engineer approves a lesser radius. 33. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound-attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 34. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting) and 18.42.040 (Screening mechanical equipment and elevator housing). 35.Plans submitt ed for construction shall comply with the guidelines stated in Land Use Code Section 18.42.050 (Commercial and institutional building design standards). 36.The trash enclosure de sign shall be in compliance with Municipal Code Title 7, Section 7.10.080 (Enclosures required), including the use of flame retardant materials. Sweetwater Authority 37.There are existing water fa cilities in the vicinity of, or within, the parcels affected by the project, including two monitoring stations, water meters, and service laterals. The applicant shall coordinate with Sweetwater Authority regarding the existing water facilities as part of the design review/building permit process. 38. The Owner must submit a letter to the Authority from the National City Fire Department stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. 39.An approved backflow prevention assembly is required for water services serving commercial developments. Water facilities shall be designed and installed in accordance with the current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities. Existing services in conflict with the project must be abandoned and/or relocated at the Owner's expense. County of San Diego 40.As part of the County of San Diego's ongoing effort to improve road surfaces in the unincorporated County, Sweetwater Road was recently resurfaced in February 2019, and Orange Street is tentatively scheduled for resurfacing in July 2019. As such, cutting into the pavement within three years would conflict with the County's Pavement Cut Policy to minimize excavation on new road surface treatments. The applicant shall coordinate with the County Department of Public Works and the National City Engineering Department prior to any modification of the County's maintained roads. 41. The project could potentially generate stormwater impacts to the County's municipal storm sewer system (MS4) and to adjacent private parcels located in the unincorporated County. Therefore, the project should consider the following items: a.Compliance with the San Diego Municipal Storm Water Permit Order No. R9- 2013-0001, (as amended by Order Nos. R9-2015-0001 and R9-2015-0100). The Project may consider implementing permanent Site Design, Source Control, Pollutant Control, and Hydromodification Management in accordance with the County's Best Management Practices (BMPs) Design Manual. b.Construction BMPs and associated plans for conformance with the County of San Diego's Grading Ordinance, Watershed Protection Ordinance and State of California's Construction General Permit. 42.It appears there is a potential impact to the San Diego County Sanitation District's (District) gravity sewer line. The project scope is adjacent to the District sewer line. a.The project applicant will need to conduct an analysis of potential impacts to the District's existing sewer infrastr uctures. This analysis must be submitted to the District for review and approval. 43.The two properties located in the unincorporated County (2311 and 2305 Sweetwater Rd) propos ed to be annexed into the City's jurisdiction, are currently being served by the District's Spring Valley Service Area. The property owner shall verify with the San Diego Local Agency Formation Commission (LAFCO) if sewer services can be provided by the City. Once the annex ation is approved and recorded by LAFCO, the associated existing residential wastewater discharge sewer permits will be voided by the District. The property owner shall contact the City for sewer service. This may require future coordination between the two agencies. For additional information, please contact Carolina Delgado at (858) 694-2663 or Carolina.D elqado@sdcounty .ca.qov. BE IT FURTHER RE SOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 3, 2019, by the following vote: AYES: Natividad, Baca, Flores, Sendt, Garcia, Dela Paz NAYS : Yamane ABSENT:N one. ABSTAIN: None. u_�RPERSON LEGAL DESCRIPTION Real property In the City of National Clty, County of San Diego, State of callfomla, described as follows: PARCEL 1: 563-252-12-00 ALL TiiAT PORTION OF LOT 5 IN BLOCK "B" OF NATIONAL CITY LITTlE FARM ADDmON, IN THE CITY OF NATIONAL CTlY, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FlLED IN TiiE OFFlCE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; TiiENCE SOUTH 71° WEST ALONG THE NORTHERLY LINE OF SAID LOT, 147.42 FEET; THENCE SOUTH 19° EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 49.22 FEET; THENCE NORTH 71° EAST PARALLEL WITH SAID NOR1HERLY LINE, 147.42 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE NORTH 19° WEST ALONG SAID EASTERLY LINE, 49.22 FEET TO THE POINT OF BEGINNING. PARCEL 2: 563-252-14-00 ALL THAT PORTION OF LOTS 4 AND 5 IN BLOCK "B" OF NATIONAL CITY lffilE FARM ADDmON, IN THE OTY OF NATIONAL CilY, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FlLED IN THE OFFlCE OF THE COUNlY RECORDER OF SAN DIEGO COUN1Y, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 5; THENCE NORTH 19° WEST ALONG THE EASTERLY LINE OF SAlD LOT, 49.22 FEET TO THE SOUTHEASTERLY CORNER OF A PORTION OF SAID LOT 5 CONVEYED TO JESSE G. GROSS AND WIFE BY DEED DATED AUGUST 18, 1942 AND RECORDED IN BOOK 1373, PAGE 498 OF OFFlCIAL RECORDS; TiiENCE SOUTH 71 ° WEST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED, 147.42 FEET TO THE SOUTHWESTERLY CORNER THEREOF; THENCE SOUTH 19° EAST 6.10 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE COUN1Y ROAD KNOWN AS ROAD SURVEY NO. 558, ACCORDING TO THE MAP THEREOF ON FlLE IN THE COUNlY SURVEYOR'S OFFlCE; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID ROAD, 177.75 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 4; THENCE NORTH 19° WEST, ALONG SAID EASTERLY LINE, 66.81 FEET TO THE POINT OP BEGINNING. PARCEL 3: 563-252-13-00 ALL THAT PORTION OF LOT 5 IN BLOCK "B" OF NATIONAL CTIY LiffiE FARM ADDmON, IN THE CilY OF NATIONAL CI1Y, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 71° WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 147.42 FEET; THENCE SOUTH 19° EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 98.44 FEET; TiiENCE NORTH 71° EAST PARALLEL WITH SAID NORTHERLY LINE, 147.42 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE NORTii 19° WEST ALONG SAID EASTERLY LINE, 98.44 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 49.22 FEET THEREOF. PARCEL 4: 563-252-23-00 ALL THAT PORTION OF LOT 5, IN BLOCK 8 OF NATIONAL QTY lITT1E FARM ADDmON, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF 11-lE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: COM MENO NG AT THE NORTH WEST CORNER OF SAID LOT 5; THENCE NORTH 71 °00'00" EAST ALONG 11-lE NORTH LINE 11-lEREOF 94.08 FEET TO THE TRUE POINT OP BEGINNING; THENCE NORTH 71 °00'00" EAST CONTINUING ALONG SAID NORTH LINE 52.91 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO JESSE G. GROSS, ET UX, RECORDED AUGUST 20, 1942, IN BOOK 1373, PAGE 498 OF OFFICIAL RECORDS; THENCE SOUTH 19 °00'00" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 BEING ALONG THE WESTERLY LINE OF SAID GROSS LAND AND THE SOUTHERLY PROLON GATION THEREOF 114.54 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF COUNTY ROAD SURVEY NO. 558, ACCORDING TO THE MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID ROAD TO THE INTERSECTION WITH A LINE BEARING SOUTH 19°00'00" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT FROM THE TRUE POINT OF BEGINNING: THENCE NORTH 19 °00'00" WEST TO THE TRUE POINT OP BEGINNING. PARCEL 5: 563-252-28-00 AU THAT PORTION OF LOT 5, IN BLOCK 8 OF NATIONAL OTY lITTlf FARM ADDmON, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1187, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1909, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE NORTH 71 °00'00" EAST ALONG THE NORTHERLY LINE OF SAID LOT, 94 FEET 8 INCHES; THENCE SOUTH 19°00'00" EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHERLY LINE OF COUNTY ROAD SURVEY NO. 558; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE TO THE WcSTERLY LINE Or SAID LOT 5; THENCE NOR.TH 18 °25'00" WE5T ALONG WESTERLY LINE 14.61 FEET TO THE POINT OF BEGINNING.