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HomeMy WebLinkAboutPC 2016-30 - CarMax - Final EIR, GPA, ZC, CA, CS Zone, CUP, TPMRESOLUTION NO. 2021-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A FINAL ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, ZONE CHANGE FROM MAJOR MIXED-USE DISTRICT (MXD-2) TO SERVICE COMMERCIAL (CS) AND OPEN SPACE (OS), CODE AMENDMENT TO ALLOW USED AUTO SALES IN THE CS ZONE, CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A CARMAX DEALERSHIP, AND TENTATIVE PARCEL MAP FOR THE SUBDIVSION OF A 15.08-ACRE VACANT PARCEL INTO TWO ON PROPERTY LOCATED ON THE NORTH SIDE OF PLAZA BONITA ROAD, WEST OF SWEETWATER ROAD, AND EAST OF INTERSTATE 805, APPLICANT: CARMAX CASE FILE NO. 2016-30 GPA, ZC, A, CUP, LS, IS APN: 564-471-11 EIR SCH NO. 2016111035 WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on October 18, 2021, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2016-30 GPA, ZC, A, CUP, LS, IS, 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 Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on October 18, 2021, support the following findings: RECOMMENDED FINDINGS FOR CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT 1. Pursuant to CEQA Guidelines Sections 15050 and 15051, the City is the “lead agency” for the project. 2. The Draft EIR and Final EIR were prepared in compliance with CEQA, CEQA Guidelines, and any City Significance Determination Thresholds. 3. The City has independently reviewed and analyzed the Draft EIR and Final EIR, and these documents reflect the independent judgment of the City. 4. An MMRP has been prepared for the project, which the City has adopted or made a condition of approval of the project. That MMRP is incorporated herein by reference and is considered part of the Record of Proceedings for the project. 5. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures. The City will serve as the MMRP Coordinator. 6. In determining whether the project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has based its decision on substantial evidence and has complied with CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b). 7. The impacts of the project have been analyzed to the extent feasible at the time of certification of the Final EIR. 8. The City reviewed the comments received on the Draft EIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts associated with the project. The City has based its actions on full appraisal of all viewpoints, including all comments received up to t he date of adoption of these Findings concerning the environmental impacts identified and analyzed in the Final EIR. a. The responses to comments on the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR. 9. The City has made no decisions that constitute an irretrievable commitment of resources toward the project prior to certification of the Final EIR, nor has the City previously committed to a definite course of action with respect to the project. 10. Copies of all the documents incorporated by reference in the Draft EIR and/or Final EIR are and have been available upon request at all times at the offices of the City, custodian of record for such documents or other materials. 11. Having received, reviewed, and considered all information and documents in the record, the City hereby conditions the project and finds as stated in these Findings. RECOMMENDED FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT AND ZONE CHANGE 1. The proposed development is consistent with General Plan Land Use and Open Space Policies LU-2.9, LU 5.6, LU-7.1, OS-1.3, and OS-1.4, because the area is vacant and prime for development. Having a comprehensive commercial project in this area will contribute to the City’s job and revenue generation needs. Th e project will complement the commercial nature of the area, with the business providing additional exposure for Westfield Plaza Bonita. RECOMMENDED FINDINGS FOR APPROVAL OF THE CODE AMENDMENT 1. That the proposed amendment to section 18.22.020 is consiste nt with the General Plan, as Land Use Policy LU-7.1 encourages incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); An EIR was completed for the project and concluded that the project would have no significant impacts and require no mitigation measures, with the exception of Biological Resources, Cultural and Tribal Resources, and Paleontological Resources. All issues identified can and will be adequately mitigated to a less than significant level with project mitigation. RECOMMENDED 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 the CUP will be conditioned such that the Code Amendment permitting auto sales in the CS zone must be complete prior to the CUP being active. With the amendment in place the use will comply with the Land Use Code, subject to approval of the CUP. 2. The proposed use is consistent with the Genera l Plan and any applicable specific plan, because the CUP will be conditioned such that the General Plan Amendment and Zone Change must be complete prior to the CUP being active. With the amendments in place the use will be consistent with the General Plan, subject to approval of the CUP. No specific plan covers this area. 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 Carmax dealership has been designed in such a way as to not unduly impact adjacent City streets and to function as a complementary use to Westfield Plaza Bonita, which is located across the street from the proposed project. The Final EIR concluded that the project would h ave no significant impacts and require no mitigation measures associated with aesthetics, land use, transportation, or utilities and service systems. 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 property is currently vacant and is being developed at a built intensity of less than 3%. Access to the property will be via three driveways (two public). All existing utilities will be maintained or rerouted to the satisfaction of the respective utility provider. New utilities are proposed consistent with City and utility provider regulations. 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 improvements in the vicinity and zone in which the property is located, because the property is currently vacant and suffers from chronic issues associated with trespassing, dumping, and illegal encampments . Rerouting and protecting the existing drainage course and developing the property with a sales tax and job-creating use will be beneficial to the City and the region. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act; an EIR was completed for the project and concluded that the project would have no significant impacts and require no mitigation measures, with the exception of Biological Resources, Cultural and Tribal Resources, and Paleontological Resources. All issues identified can and will be adequately mitigated to a less than significant level with project mitigation. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 15.08-acre property is currently vacant and can accommodate the proposed development while maintaining a significant area of drainage and open space. Access to the property will be via three driveways (two public). All existing utilities will be maintained or rerouted to the satisfaction of the respective utility provider. New utilities are proposed consistent with City and utility provider regulations. 3. The site is physically suitable for the proposed density of development, because the 15.08-acre property can accommodate the proposed development a built intensity of less than 3%, well within the maximum Floor Area Ratio of 1.5 (150% of the lot size). 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because an EIR was completed for the project and concluded that the project would have no significant impacts and require no mitigation measures, with the exception of Biological Resources, Cultural and Tribal Resources, and Paleontological Resources. All issues identified can and will be adequately mitigated to a less than significant level with project mitigation. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and either in close to proximity to existing urban development or designed so to have an open space buffer between the project and the neighboring Sweetwater River Trail. In addition, the land use and zoning designations as proposed allow for the type of project requested, which has been analyzed as part of the Environmental Impact Report associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because existing utility easements will either be relocated outside the project footprint or will be maintained by the project design. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. While the property could technically accommodate a significant number of housing units under the existing mixed -use zoning, the adopted 2021-2029 Sixth Cycle Housing Element designates adequate areas for development that would satisfy the City’s Regional Housing Needs Allocation (RHNA) commitments. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the project proposes a built intensity of less than 3% of the lot and because more than half of the 15.08 acres of the site will be preserved as open space and drainage area. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said General Plan Amendment, Zone Change from Major Mixed-Use District (MXD-2) to Service Commercial (CS) and Open Space (OS), Code Amendment to allow used auto sales in the CS zone, Conditional Use Permit for construction of a Carmax dealership, and Tentative Parcel Map for the subdivsion of a 15.08 -acre vacant parcel into two on property located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805, subject to the following conditions: General 1. This General Plan Amendment, Zone Change, Code Amendment, Conditional Use Permit, and Tentative Parcel Map authorize a Carmax used car dealership on 7.19 acres with 7.98 acres of open space and drainage area on the north side of Plaza Bonita Road south of Sweetwater Road and across from Westfield Plaza Bonita. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A, B, and C, Case File No. 2016- 30 GPA, ZC, A, CUP, LS, IS, dated March 5 & 6, 2020). 2. This General Plan Amendment, Zone Change, Code Amendment, Conditional Use Permit, Tentative Parcel Map shall not become effective until the Environmental Impact Report associated with the project has been certified and the Notice of Determination filed. 3. The Conditional Use Permit shall not become effective until the General Plan Amendment, Zone Change, and Code Amendment have been approved. 4. Before this General Plan Amendment, Zone Change, Code Amendment, Conditional Use Permit, and Tentative Parcel Map 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, Code Amendment, Conditional Use Permit, and Tentative Parcel Map 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. 5. 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 an Environmental Impact Report is $3,343.25, but may be subject to change. Building 6. No building permits shall be approved until all discretionary permit processes associated with this project have been completed. 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 p roject 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 Permanent Storm Water BMP Requirements” and the City of Nation al 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. 10. All 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 side walk 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 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 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 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 dis posal 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 Departmen t’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 structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking 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 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. 28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 29. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 30. All utilities distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 31. The final map shall be recorded prior to issuance of any building permit. 32. All new property line survey monuments shall be set on private property, unless otherwise approved. 33. The parcel map/final map shall use the California Coordinate System for its “Basis of Bearings” and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 34. The map shall provide for utility and drainage easements. Fire 35. 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 36. Impacts to wildlife species and sensitive habitats shall be mitigated through restoration and revegetation of native habitat within the channel area of the project site, as identified in mitigation measure (MM) BIO-1 of the Mitigation Monitoring and Reporting Program (MMRP). 37. To avoid and minimize impacts to nesting birds and raptors, vegetation removal and grading shall occur outside of the nesting bird season (February 1 through August 31). If the breeding season cannot be avoided, the measures identified in MM-BIO-2 of the MMRP shall be implemented in coordination with the CDFW and USFWS. 38. A qualified Biologist shall be responsible for monitoring the limits of construction activity, mitigation measures, design considerations, and project conditions during all phases of the project, as identified in MM-BIO-3 of the MMRP. 39. To avoid the bat maternity season, impacts on individual colonial bats using trees for temporary roosts, and obligate tree bats, tree removal shall occur between October 15 and- March 1, unless a focused survey is conducted within 30 days of vegetation removal activities by a qualified bat biologist. The survey shall consist of a daytime pedestrian survey to inspect for indications of bat use (e.g., occupancy, guano, staining, smells, or sounds) and a night roost/emergence survey. If the bat biologist determines that project areas are currently used or are likely to be used as a bat maternity roost, and tree removal activities must occur between October 15 and March 1, a two-stage tree removal process over two consecutive days shall be implemented for trees that may support colonial roosts (i.e., tree s with cavities, crevices, or exfoliating bark), as identified in MM-BIO-4 of the MMRP. 40. The Project Proponent shall implement the measures identified in MM -BIO-5 of the MMRP to reduce the potential for spreading Invasive Shothole Borers due to project activities. 41. Impacts to jurisdictional wetlands and waters shall be mitigated on -site by constructing a 4.39-acre earthen channel traversing the northwestern boundary of the project site and connecting to the existing storm drain that outlets to the Sweetwater River, as identified in MM-BIO-6 of the MMRP. 42. An archaeological resources monitoring program shall be implemented, as identified my MM-CUL-1 of the MMRP. 43. All measures identified in MM-PAL-1 of the MMRP shall be implemented.