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HomeMy WebLinkAboutCC RESO 15,946RESOLUTION NO. 15,946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CAL1wRNIA, APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED UNIT DEVELOPMENT FOR 40 DETACHED CONDOMINIUM UNITS ON 7.3 ACRES AT THE NORTHWEST CORNER OF SWEE'TWRIER ROAD AND PROPOSED REO DRIVE. APPLICANT: SEYMOUR OSTROW CASE FTLF NOS. S-1-87/PUD-1-87 WHEREAS, applications were submitted for a tentative subdivision map and planned unit development consisting of 45 condominium units on 1 lot on 7.3 acres at the northwest corner of Sweetwater Road and proposed Reo Drive on property generally described as: Parcel 1 and Parcel 2 of Parcel Map 8221 in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of said County and State December 22, 1978 (Assessor's Parcel Nos. 564-310-04 and 564-310-38); and, WHEREAS, the Planning Commission of the City of National City considered said applications, and final EIR (No. 87-15), oral testimony and documentary evidence at a public hearing held on March 6, 1989 and by Resolution recommended denial of the applications; and, WHEREAS, the City Council of the City of National City considered said applications and final EIR (IS-87-15) at a public hearing held on April 11, 1989, at which time the City Council considered oral and documentary evidence, as well as the record of the proceedings before the Planning Commission, and the entire contents of Case File Nos. S-1-87, PUD-1-87 and IS-87-15, which are incorporated herein by reference; and WHEREAS, the applicant agreed at the City Council hearing to revise his proposal to provide 40 condominium units rather than 45; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City ordinances; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. �.A BE IT FURTHER RESOLVED by the City Council of the City of National .ity that it hereby approves the tentative map and planned unit development for 40 condominium units on 1 lot, based on the following findings: FINDINGS FOR APPROVAL OF SUBDIVISION 1. The proposed subdivision, together with'the provisions for its design and improvements is consistent with the General Plan, since it proposes 40 dwelling units on a net buildable area of 5.175 acres, consistent with designation. 2. The proposed map plans, since the the density limitation of the RS-2 land use is consistent with applicable general and specific net buildable area contains 5.175 acres in area and there is no applicable specific plan. 3. The site is physically suitable grading, Reo Drive for the type of development, since flood control improvements and the improvement of proposed adjacent to the site will provide suitable residential building sites, and since the proposed street pattern will provide suitable access, and since the site residential condominium development and a single-family residences to the south, north 4. The site is physically suitable for is adjacent to attached church to the west, and to and east. the proposed density of development, since the site contains a net buildable area of 5.175 acres and grading will provide suitable residential building sites for development at a density of 7.7 dwelling units per acre; in addition, traffic impacts fican the project on the adjacent circulation system will be negligible; the proposed density is similar to residential densities to the west and south, and the lower density area to the east will be separated from the site by Reo Drive. 5. 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 conditions to reduce effects on biologic resources, as described in the Final EIR for the project, are required as conditions of project approval. 6. The design of the subdivision or the type of improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, since no such easements are located on the site. 8. 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 Water Quality Control hoard pursuant to Division 7 (commencing with Section 13000) of the Water node, as specified by Government Code Section 66474.6. 9. 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. 10. 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 to local climate, contour, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS RECOMMENDED FOR APPROVAL OF PLANNED UNIT DEVELOPUE FT 1. That the site for the proposed use is adequate in size and shape, since adequate building sites, access, parking and recreational features are provided by the proposed design for improvement of the 7.3 acre site. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because Sweetwater Road is an east/west arterial roadway; development of this site will initiate the improvement of Reo Drive, a proposed north/south arterial roadway; and the effect of traffic from this project will be negligible. 3. That the proposed usa will not have an adverse effect upon adjacent or abutting properties, because the site is separated from residential uses on the east and south sides by roadways; the property to the west is about 14-feet higher in elevation and is developed with a church; and the property to the north is about 10 feet higher in elevation and is developed and zoned for residential use. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the project is consistent with the general plan and applicable zoning and provides opportunities for home ownership with common recreational features. BE IT FURTHER RESOLVED, that based on the findings hereinbefore stated, said tentative subdivision map and planned unit development for 40 detached condominium units on 7.3 acres at the northwest corner of Sweetwater Road and proposed Reo Drive is hereby approved subject to the following conditions: CONDITIONS OF APPROVAL tut SUBDIVISION 1. Final Map shall' abide by all requirements of the Subdivision Map Act and the National City Municipal Code, including certificates, acknowledgments, and complete bound ary information, including monumentation. 2. Prior to approval of the Final Map, the following shall be suhnitted to and approved by the City Engineer: a. A soils report addressing cut slopes, bearing pressures of soil, stability of existing parking lot to the west due to cuts, etc. All cut and fill slopes require submittal of proper landscaping plans to prevent erosion and are subject to approval by the Planning Department. b. Grading and drainage plans showing retaining walls, on -site and off -site drainage, earthwork quantities, etc. c. Hydrologic -hydraulic calculations as well as improvement plans for proposed concrete box fran the crossing at Reo Drive to the crossing at Sweetwater Road, including detailed plan and profile. d. Improvement plans of Sweetwater Road, Reo Drive, and private roads shall be submitted for approval. The structural sections shall be pPr soils report but not less than shown in City's Drawing No. 113-S-B. The proposed sidewalk width fran the face of the curb shall be 6 ft. on Sweetwater Road and 5 ft. on Reo Drive. e. Improvement plans of sewerlines (Developer shall deposit $8,000.00 to compensate for the project's estimated benefit fran sewer improvements in the area.) f. Installation of 45 mph signs approximately 300 ft. east and west of Reo Drive on Sweetwater Road, subject to approval by the City Engineer, and by the County of San Diego for the location east of Reo Drive. g. Developer shall deposit $10,000.00 into a traffic fund for future installation of a traffic signal light at the intersection of Sweetwater Road and Reo Drive. h. Developer must perform the work or enter into an agreement to perform the monumentation and all improvements listed under the above item. (2a through g). Any agreements shall be based upon cost estimates approved by the City Engineer. Developer shall deposit 3 percent of the cost estimate with the City Treasurer for plan processing and field inspection, at the time the subdivision map and improvement plans are submitted. 3. All utilities shall be underground. Underground cable for T.V. shall be provided. 4. Street lights shall be installed at the locations shown on the plans by the developer, using a design approved by the City and San Diego Gas and Electric Company. 5. Maximum slope grade within the project boundary shall be 2-horizontal to 1-vertical. 1 1/2-horizontal to 1-vertical slopes to increase yard areas shall be permitted subject to approval of the Planning Director and City Engineer. 6. A landscape/irrigation plan showing installation of erosion retardant materials on all slopes shall be submitted for approval by the Director of Planning prior to issuance of a grading permit for the site. An automatic irrigation system is requited. 7. All erosion retardant landscaping shall be installed at the time the site is graded. 8. The final map for this subdivision shall not be approved until an agreement between the developer and City for the completion of landscape/irrigation required herein and for maintenance for a period of at least one-year from date of final inspection, with suitable security, has been accepted by the City. 9. The subdivider shall submit a letter to the Sweetwater Authority stating fire flow requirements and shall enter into an agreement for water facility improvementswith the Authority prior to approval of the Final Map. 10. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc., involved in the common ownership of streets, parking areas, walks, buildings, utilities, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead against the property if said property is not adequately maintained far the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 11. The final map shall indicate the number of condominium units. The maximum number of units shall be 40, with a minimum net area of 5,000 sq.ft. per unit, excluding area dedicated for public roadways and area for private roadways. 12. The subdivider shall comply with all conditions required of its approval of Planned Development Permit No. PUD-1-87. 13. Prior to issuance of a building permit,' the developer shall enter into an agreement with the City whereby, in consideration of approval by the City of the tentative subdivision map, the developer agrees to complete the installation of all improvements and other work required by the City in accordance with the approved plans, or an approved unit thereof. All of said installations and other work shall be completed within the time specified in the agreement. To assure the City that this work will be completed and lien holders paid, the developer shall furnish the City with either a corporate surety bond, rash deposit, or of security acceptable to the City Attorney, guaranteeing faithful performance of the agreement and guaranteeing payment for labor and materials. The amount of such bond or other security shall be determined by the City Engineer, pursuant to Section 17.09.020 of the Municipal Code. 14. All recommended conditions to avoid or lessen both significant and non- significant effects on the environment, as described in the report to the Planning Commission on the final Environmental Impact Report for the project (Case File ND. IS-87-15), shall be satisfied. 15. The approval of the tentative (parcel) map expires 2 years after adoption of the Resolution of approval at 5:00 p.m. unless prior to that date a request for time extension not exceeding an additional 3 years has been filed as provided by Section 66452.6 (e) of the California Government Code, other form costs therefor as a lien CONDITIONS OF APPROVAL EUR PLANNED D UNIT DEVELOPMENT 1. A detailed landscape/irrigation plan shall be prepared for the entire subdivision by a California Registered Landscape Architect and shall be submitted concurrently with plans for issuance of a building permit. An automatic irrigation system is required. A street tree plan shall be submitted in conjunction with the landscape plan. All landscaping shall be installed in accordance with the approved landscape plan prior to final inspection and/or occupancy of any unit. Landscaping to deter graffiti, including creeping vines, shall be planted and maintained between the sound abatement walls and sidewalks along the perimeter of the property. 2. All dwellings shall have their addresses clearly visible from the adjacent street. 3. All dwellings shall have approved smoke detectors in conformance with the Uniform Building Code. 4. A Knox box shall be provided at all entrances with security gates that lock, use a security code or other device to gain entrance. 5. Fire extinguishers shall be provided at the har-b-que and utility rooms used by occupants. 6. Fire hydrants shall be provided as indicated on plans, to the satisfaction of the Fire Department. 7. No building permit shall be issued for any building unless a final subdivision map has been recorded. 8. Location and number of masonry trash receptacle enclosures shall be subject to the approval of the Planning Director. 4. Rolled or one-half (modified) rolled curb shall not be used adjacent to private roadways within the subdivision. 10. The private roadway loop shall be one-way only subject to approval of the City Traffic Engineer. One-way signs shall be posted and clearly visible from vehicles entering and exiting the site. 11. Excluding private garages and individual driveways to each unit, all on -site parking spaces shall be separated form adjacent areas of landscape by a 6 inch by 6 inch concrete curb with footing. 12. The type, height and location of proposed sound abatement walls shall be subject to the approval of the Planning Director. 13. Swimming pool/spa and pond area shall be cuupletely enclosed within a 6 foot high wrought iron fence. All access gates shall be self - closing and self -latching with a lock. The lock and latch shall be located at least four and one-half feet above the ground. 14. A recreation building shall be provided subject to approval of the Planning Director. Additional on -site guest parking shall be provided. 15. Private patio areas shall be screened (view obscuring enclosure) for privacy and for delineation of private and common areas. 16. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the ccxiauon areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include cuupulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 17. The developer shall submit evidence of compliance with all conditions of approval, including Condition No. 16 above, prior to issuance of a building permit. 18. Except as otherwise provided, development plans submitted for issuance of a building permit shall be in conformance with Exhibit "A Revised", Case File No. PUD-1-87. Increase in the size of the units shall be permitted subject to approval of the Planning Director. 19. Before this Planned Unit Development Permit shall become effective, the applicant 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. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Planned Unit Development Permit No. PUD-1-87 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. Use of the property shall be single-family condominium units, recreational facilities, except with Exhibit "A Revised", Case 1989. limited to a maximum of 40 detached with common access, guest parking and as otherwise provided, in accordance File No. PUD-1-87, dated February 14, 21. All recommended conditions to avoid or lessen both significant and non- significant effects on the environment, as described in the report to the Planning Commission and City Council on the Final Environmental Impact Report for the project (Case File No. IS-87-15), shall be satisfied. 22. This permit shall become null and void if not exercised within two years after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FURTHER RESOLVED that this action will become final and effective on the date of its adoption. The time within which judicial. review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED AND ADOPTED this 18 th ATTEST: LOR ANNE PEOPLES, C TY CLERK APPROVED AS TO FORM: day of April , 1989. r, a vr.vicur� H. '�NlA'1'ERS , MAYOR GEORG H. ISER, III CITy ATTORNEY