Loading...
HomeMy WebLinkAboutResolution No. 24-2011RESOLUTION NO. 24-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A STREET VACATION, PARCEL MAP, VARIANCE, CONDITIONAL USE PERMIT AND MINOR USE PERMIT, AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR CONSTRUCTION OF A 165,000 SQUARE -FOOT COMMERICAL CENTER, LOCATED AT THE NORTHEAST CORNER OF NATIONAL CITY BLVD. AND STATE ROUTE 54. APPLICANT: SUDBERRY DEVELOPMENT. CASE FILE NO. 2008-37 IS, SV, LS, CUP APN: 562-252-05, 06 & 07, 562-280-16, 17, 21, 22, 29, 31, 42 & 44, 562-321-08, 562-322-01, 02, 26 & 30 WHEREAS, application was made for adoption of a Mitigated Negative Declaration & Mitigation Monitoring and Reporting Program for a Street Vacation, Parcel Map, and Conditional Use Permit for construction of a 165,000 square -foot commercial center, located at the northeast corner of National City Blvd. and State Route 54 and generally described as: Real property in the City of National City, County of San Diego, State of California, described as on attached Exhibit "A". WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on October 17, 2011, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2008-37 IS, SV, LS, CUP, which is 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 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 testimony and evidence presented to the Planning Commission at the public hearing held on October 17, 2011, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE MITIGATED NEGATIVE DECLARATION 2008-37 IS, SV, LS, CUP — Gateway 1. That the Mitigated Negative Declaration (2008-37 IS) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 2008-37 IS, SV, LS, CUP — Gateway 1 The proposed map is consistent with the National City General Plan, since the proposed Tots meet minimum standards with regard to size, street frontage and access, and since the parcel will facilitate a proposed commercial shopping center, an allowed use in the Major Mixed Use District (MXD-2) zone. 2. The site is physically suitable for the proposed type of development, since the proposed commercial shopping center is consistent with other commercial uses in the corridor along the same section of State Route 54 and since there will be adequate access into, out of and within the site. 3. The site is physically suitable for the proposed density of development, since the large overall site area can accommodate the relatively small amount of commercial space proposed, and since the design is consistent with the City's Design Guidelines. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements would not result in impacts to public services, since all necessary public services are available and will be provided. 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, since no such easements are located on the site. 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, since the design and implementation will be consistent with Best Management Practices and City standards. 8. 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. RECOMMENDED FINDING FOR APPROVAL OF THE STREET VACATION 2008-37 IS, SV, LS, CUP — Gateway 1. That neither D Avenue nor 32nd Street in the project area are identified as being in current or future need in the Circulation Element, the proposed street vacations would be consistent with the policies and goals of the General Plan and since the vacation will facilitate the project under review, which will contribute to overall economic health of the City. RECOMMENDED FINDINGS FOR APPROVAL OF THE VARIANCE FOR LESS THAN REQUIRED PARKING 2008-37 IS, SV, LS, CUP — Gateway 1 The exception will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since separate commercial uses in the Major Mixed -Use District, Major Mixed -Use Corridor and Commercial Automotive zones would require a lesser parking standard that is able to be met, and since the overall project (in both cities) has at least 16% more parking spaces than are required. 2. Granting of the exception is in accordance with the intent and purposes of the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the expansion of retail space and new retail development within the City that increases sales tax revenues, which the requested exception facilitates, and since the overall project (in both cities) has at least 16% more parking spaces than are required. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2008-37 IS, SV, LS, CUP -Gateway 1 That the site for the proposed use is adequate in size and shape, since the 25.7- acre site can accommodate the development of 165,000 square feet of commercial space with adequate access, parking and circulation for the shopping center. 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 National City Blvd. (an arterial street), D Avenue (a collector street) and State Route 54 (a freeway) have sufficient capacity to adequately handle the approximately 15,720 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, with mitigation measures implemented as stated in the Mitigation Monitoring & Reporting Program. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since there are no viewsheds in the vicinity of the project area, the project meets all City Design Guidelines, and since the project will maintain appropriate separation from neighboring residential uses and will not divide an existing neighborhood. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will encourage retail development that increases sales tax revenues generated in the City, and promote the development and use of a currently underutilized property. RECOMMENDED FINDINGS FOR APPROVAL OF THE MINOR USE PERMIT 2008-37 IS, SV, LS, CUP — Gateway 1 That the proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Land Use Code, since eating places with a drive -through are specifically allowed in the Commercial Automotive zone with a Minor Use Permit per Land Use Code section 18.22.020. 2. The proposed use is consistent with the General Plan and any applicable specific plan, since the use is typically allowed in all commercial and mixed -use zones throughout the City. 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, since the bank would be part of a major commercial shopping center and is located along a major commercial thoroughfare. 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, since the half -acre site can accommodate the development of a 7,500 square feet of commercial space with adequate access, parking and circulation within the proposed shopping center. 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 zoning district in which the property is located, since a bank is a typically allowed use in all commercial and mixed -use zones, and since permits for the use will require compliance with all applicable zoning and building codes. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby makes a finding of no significant impact and recommends approval of a Street Vacation, Parcel Map, and Conditional Use Permit for construction of a 165,000 square -foot commercial center, located at the northeast corner of National City Blvd. and State Route, subject to the following conditions: General 1. This Street Vacation, Tentative Parcel Map and Conditional Use Permit allows for the construction of 128,587 square feet of commercial floor area, including a drive - through fast food restaurant, as part of the 165,000 square -foot Gateway shopping center located on seven new parcels. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2008-37 IS, SV, LS, CUP, dated 9/14/2010. 2. 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 and submitted to the National City Planning Division. 3. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Conditional Use Permit shall be valid for the life of the tentative map approval. 4. Before the Street Vacation, Tentative Parcel Map and Conditional Use Permit shall become effective, the applicant and 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 Street Vacation, Tentative Parcel Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services 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 Street Vacation, Tentative Parcel Map 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 Development Services Director prior to recordation. Building 5. All plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 7. A Hydrology study 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 Division requirements. 8. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. The plan shall show all existing drainage facilities on -site and off -site including those in the adjacent State Highway, how drainage will be treated and all existing and proposed structures used to transport the drainage to the point where it leaves public drainage system. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. 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. 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. 10. 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. 11. 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. 12. The property owner and/or landlord 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 and/or landlord 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. 13. 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. 14. 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 checklist for preparation of the grading plan/drainage plan is available at the Engineering Division. 15. The existing and proposed curb inlets on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 16. 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 land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Division prior to any work beginning on the project. 17. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 18. Industrial facilities shall comply with NPDES regulations. A Storm Water Pollution Prevention plan shall be prepared and submitted to the Engineering Division for approval. The facility shall satisfy the sampling and monitoring requirements of the NPDES regulations. 19. A sewer permit will be/may 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 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 20. 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. 21. A geotechnical engineering report shall be submitted for the Engineering Division'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 Division requirements. 22. A 15-foot wide sewer easement shall be granted to the City along that portion of D Avenue being vacated. 23. Street right-of-way, specifically that portion of land to be used to construct a 44- foot radius cul-de-sac, and 20 feet along the property frontage of Lots 4 and 5 to be dedicated as 31st Street to the City. 24. The deteriorated portions of the existing National City Blvd. D Avenue and F Avenue street improvements along the property frontages shall be removed and replaced. 25. The existing pedestrian ramps on National City Blvd along the property frontages shall be removed and replaced with standard ramps that comply with A.D.A. requirements and the Regional Standard Drawings. 26. Street pavement repair will be required. The work shall be as follows: Construction of cul-de-sac on D Avenue, and one and one-half in asphalt cap over F Avenue adjacent to the property. 27. 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. 28. 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 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 Division as soon as filed. 29. The driveway on National City Blvd. shall have pedestrian ramps and an alley apron approach. Plans for construction of the alley apron shall be in conformance with Regional Standard Drawing G-17 or another design approved by the Engineering Division. 30. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 31. All missing street improvements along the property frontages shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. Street improvements shall be in accordance with the City Standards. 32. A title report shall be submitted to the Engineering Division, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 33. NO PARKING zone(s) (red curbing) shall be provided along the property frontage(s) at the following location(s): cul-de-sac from return to return shall be red curbed. 34. Separate traffic signal plans will be required. The plans shall show the following: National City Blvd. at 33rd Street and modifications plans at 30th Street and D Avenue. 35. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 36. 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. 37. The final 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. 38. Separate water and sewer laterals shall be provided to each lot/parcel. 39. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 40. The proposed street vacation at D Avenue shall be approved by the City Council prior to the final map approval (See Planning Division). 41. All utilities distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 42. The final map shall be recorded prior to issuance of any building permit. 43. All new property line survey monuments shall be set on private property, unless otherwise approved. 44. The final map shah 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. Fire 45. The project shall be in compliance with the current editions of the NFPA, CFC 2010 edition, title 19 and local City of National City Municipal Codes. 46. F Avenue shall be used as emergency vehicular access only. A gate shall be installed to restrict entrance for only emergency vehicle traffic into the south east corner of the shopping center. The gate shall be equipped with a Knox box and emergency strobes so as to provide emergency vehicle access and egress. A Knox key wwitch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 47. 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 Tess than 20 feet wide, no less than 14 feet high and shall have an all- weather road with the ability to support 75,000 pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. The roadway shall maintain a 28-foot radius for emergency vehicle turns. Please see the Engineering Division for exact criteria. 48. Fire access roads in excess of 150 feet to the furthest end of the property from a public street shall be provided with width and turnaround provisions. This shall not apply if exclusive Fire Dept. access is provided (e.g., Knox gate, strobe - activated gate, etc). 49. Buildings greater than 30 feet in height or buildings with portions of or facilities exceeding 30 feet in height above the ground shall be provided with approved fire apparatus access roads. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 50. During construction the project shall strictly follow Chapter 14 of the CFC edition "Fire Safety During Construction Alteration or Demolition of a Building". Planning 51. Prior to recordation of the Final Map, the applicant shall submit a Grant Deed, Title Report and/or agreement authorizing control of all property associated with this application. 52. The trash enclosures shall have an exterior material that is finished and painted to match the proposed buildings and shall also have a roof to the satisfaction of the Development Services Director. 53. A landscape and below -grade irrigation plan shall be submitted in conformance with Chapter 44 — Landscaping. The plan shall reflect the approved landscape concept plan, including plant species, number, and plant sizes, all fencing and gates, parking lot and walkway lighting, and enhanced paving. The plan shall also show landscaping on the west side of Building A consistent with the requirements of condition number 61. The plans shall be submitted with the building permits for review and approval by the Planning Division. 54. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008 shall be provided and/or incorporated into building plans. 55. All delivery vehicles exceeding a maximum gross weight of 6,000 lbs. (3 tons) are required to use designated truck routes. 56. All proposed signs in excess of 10 feet shall be equipped with a raptor perch deterrent device. 57. The digital advertising display located on sign B shall shall be operated in such as way as to reduce brightness levels of the display during both daytime and nighttime hours. The display shall include a dimming feature that shall be monitored and adjusted appropriately to reduce impacts to sensitive receptors, as necessary. The sign shall meet all requirements of Chapter 18.47 — Signs and Outdoor Advertising Displays. Caltrans approval shall be obtained (if necessary) prior to installation. 58. The drive -through restaurant (Building A) shall conform to all requirements of Land Use Code section 18.41.020 (Non Residential Site Planning Standards) — subsection C (Drive -Through Businesses). Plans submitted for building permits shall show proof of conformity. 59. All requisite permits shall be obtained from Caltrans for all work occurring within the Caltrans right-of-way. 60. All areas where pedestrian walkway and vehicle travel ways intersect shall be demarcated by contrasting hardscsape, consistent with the Pedestrian Circulation Plan (sheet A.1.1 of Exhibit C). Pedestrian circulation improvements shall include demarcated path of travel (painted or otherwise) from F Avenue to the project site. 61. All rooftop equipment shall be painted to match the surface upon which is mounted and shall be screened from adjacent views consistent with Land Use Code requirements. 62. No grading permit involving the area of D Avenue shall be issued until SDG&E has issued a "Letter of Permission for Grading" due to existing 10-inch and 20-inch high- pressure gas transmission lines in the area. All easements as required by SDG&E shall be granted or reserved prior to vacation of D Avenue. 63. All seasonal display areas utilizing required parking spaces shall be in conformance with the Outdoor Display plan (sheet A-9 of Exhibit C), and shall be limited to March 15th through July 4th, and September 1 St through December 24th. 64. The developer shall coordinate with the Metropolitan Transit System (MTS) in pursuit of the relocation of the two Route 932 bus stops on the southeast and southwest corners of the National City Blvd. / West 33`d St. intersection to the southeast and southwest corners of said intersection. 65. Benches and trash receptacles shall be provided for the two bus stops located on National City Blvd. and W. 33`d Street, and the bus stop located at D Avenue and E. 30th St. if not already provided. 66. All mitigation measures as specified in the Mitigation Monitoring, and Reporting Program (Appendix Z of the Mitigated Negative Declaration) adopted as part of this approval referring to site lighting, habitat impacts, cultural resource impacts, soils and grading, hazardous materials, hydrology, noise, and traffic shall be incorporated herein by reference as conditions of approval as Exhibit A. BE IT FURTHER RESOLVED 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 October 17, 2011, by the following vote: AYES: Flores, Reynolds, Pruitt, Baca, Farias NAYS: ABSENT: Alvarado, Delapaz ABSTAIN: CHAIRMAN