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HomeMy WebLinkAboutCC RESO 15,283RESOLUTION ND. 15,283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP FOR 18 SINGLE-FAMILY RESIDENTIAL LOTS ON 4.79 ACRES EAST OF SHELL AVENUE, NORTH OF LOU STREET AND WEST OF THE TERMINUS OF PEACH BLOSSOM STREET APPLICANT: PHILHOMES PLAZA I (ISLANDERS PARTNERSHIP) CASE FILE NO. 5-86-01 WHEREAS, application was made for approval of a tentative subdivision map for 18 single-family residential lots on 4.79 acres east of Shell Avenue, north of Lou Street and west of the terminus of Peach Blossom Street, on property generally described as: a portion of lots 14, 15 and 16 of B. F. Pritchards Paradise Villa addition to National City, in the City of National City, County of San Diego, according to map thereof no. 155, filed in the office of the County Recorder of San Diego, July 7, 1887. WHEREAS, the Planning Commission of the City of National City considered said application, and final EIR (IS-78-119) and addendum (IS-86-06), oral testimony and documentary evidence at a public hearing held on January 5, 1987 and continued to February 2 and March 2, 1987, and by Resolution recommended conditional approval of the application; and, WHEREAS, the City Council of the City of National City considered said application and final EIR (IS-78-119) with addendum (IS-86-06) at a public hearing held on April 14, 1987 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-86-01, IS-78- 119 and IS-86-06, which are incorporated herein by reference; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has considered the final EIR (No. IS-78-119) and addendum (IS-86-06), and finds that Mitigation Measures required by EIR No. IS-78-119 are incorporated into the proposed project or conditions of approval; that changes to the EIR made in the Addendum do not raise important new issues about the significant effects on the environment; and that changes to the proposed project or project circumstances do not require important revisions of previously certified EIR no. IS-78-119 since they do not result in new significant environmental impacts not considered in the EIR, and no new information that could not have been known at the time the EIR was certified identifies mitigation measures or alternatives, not previously considered or found feasible, which could substantially reduce a significant effect on the environment; BE IT FURTHER RESOLVED that the City Council of the City of National City hereby approves the tentative map for 18 single-family residential lots on 4.79 acres east of Shell Avenue, north of Lou Street and west of the terminus of Peach Blossom Street, based on the following findings: 1. The tentative map is consistent with the National City General Plan, since all lots exceed 5,000 sq.ft. in area as required by the RS-2 designation. 2. The design or improvement of the proposed subdivision is consistent with the National City General Plan. 3. The site is physically suitable for the proposed single-family residential type of development, since the site is adjacent to single- family residential neighborhoods, and grading and drainage improvements will provide suitable building sites. 4. The site is physically suitable for the proposed density of development, since the proposed lots exceed the minimum lot size and density requirements of the General Plan and zoning ordinance, and larger than minimum lots sizes are proposed to provide useable yard areas on the sloping site. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, since conditions of approval address the need for salvaging of fossils on the site. 6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since sewer improvements and necessary public facilities and utilities will be provided. 7. The design of the subdivision or the proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. The discharge of sewerage waste from the subdivision into the National City sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (Commencing with Section 13000) of the Water Code, as sl,ecified 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 or natural heating and cooling opportunities in the subdivision, based upon considerations of local climate, contour, property configuration and other design and improvement requirements without additional reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED, that based on the findings hereinbefore stated, said tentative subdivision map for 18 lots is hereby approved subject to the following conditions: 1. Final Map shall abide by all requirements of the Subdivision Map Act and the National City Municipal Code, including certificates, acknowledgements, complete boundary information, and monumentation. 2. Prior to approval of the final map, the following shall be prepared by a registered California Civil Engineer and submitted to and approved by the City Engineer. a. A soils report addressing slopes in cut and fill, allowable bearing pressure of soils for retaining walls, pads, etc. b. A grading plan showing retaining walls, pad elevations, cut and fill slopes, key elevations, drainage, etc. Profiles of all retaining walls are required. All cut and fill slopes shall be 2:1 as indicated on the tentative map. c. A drainage study/plan of the area addressing all on -site and any off -site drainage. A significant amount of drainage will flow toward the southeast end of the subdivision and through a private lot of the William Manor No. 7 subdivision to the southeast. A drainage easement, a minimum of 10 feet wide, shall be dedicated to the City and improvements shall be constructed. If a drainage easement cannot be obtained by the subdivider, a revised grading and drainage plan shall be prepared, to the satisfaction of the City Engineer, that shows drainage being conveyed across lots 9 and 10 to Peach Blossom Street. All building pads shall drain toward adjacent streets. d. Improvement plans for the proposed construction of Peach Blossom Street and Shell Avenue shall be submitted to and approved by the City Engineer. The right-of-way shall be a minimum of 60 feet wide with a 5.5 foot wide sidewalk as measured from the back of the curb on both sides of the street. An ornamental street light shall be provided at the end of the cul-de-sac. The cul-de-sac shall be improved with a 43 ft. radius to curb and 50 ft. radius to edge of right-of-way. A profile of the proposed 8" V.C. sewer line shall be provided on the improvement plans. All sewer laterals shall have a 2% grade to the public sewer. 3. The improvements outlined in conditions 1, 2a, 2b, 2d above, shall be completed prior to approval of the final map, or the subdivider may enter into an agreement to complete said work, accompanied by a performance security, which agreement and security shall be approved by the City Engineer. 4. The proposed cut and fill slopes will require a landscaping plan prepared by a licensed landscape architect and approved by the Planning Department prior to issuance of a grading permit for the site. Proposed contours shall be indicated. Edge of slopes shall be rounded where feasible. Landscaping of slope areas shall be installed at the time the site is graded. The subdivider shall provide bonding for a 2-year duration to guarantee successful establishment of landscaping to the satisfaction of the Planning Director. 5. Street trees shall be provided. A landscape plan for street tree planting shall be prepared by a licensed landscape architect and submitted to and approved by the Director of Planning. Landscaping shall also be indicated on improvement plans. The subdivider shall enter into an agreement to complete the street tree planting, backed up by a surety, instead of completing the tree planting prior to approval of the final map. 6. Structures (on the proposed Lots 1 and 2) shall maintain a minimum 50 foot setback from the trace of the Sweetwater Fault (shown on the tentative subdivision map on the west side of the site). The setback from the fault and the fault shall be shown on the final map. 7. Note on the grading plan prior to issuance of a grading permit: "If Capella Street is not vacated by the City of San Diego a public easement will be required to accept the drainage from Capella Street and conduct it to the existing drainage facilities to the east in San Diego. A 10 foot drainage easement will be required, subject to approval of the City of San Diego and the City Engineer of the City of National City, to contain the brow ditch." 8. Prior to any earthwork, a pregrade salvage of fossils already exposed shall be undertaken. Verification of this salvage shall be submitted to the City Engineer prior to issuance of a grading permit. Further exploration of the site's surface also shall be accomplished at that time. A qualified paleontologist shall consult with the project's grading and excavation contractors before any work is done. A paleontological monitor shall be on site at all times during the original cutting of the previously undisturbed sediments of the San Diego Formation. This monitor, experienced and trained in the collection and salvage of fossil materials would inspect grading for contained fossils. In the event that well preserved fossils are discovered the qualified monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains in a timely manner. Fossil remains collected before and during this site's grading activities shall be cleaned, sorted and catalogued and then with the owner's permission be deposited in the paleontological collection of a scientific institution such as the San Diego Natural History Museum. 9. The subdivider shall submit a letter to the Sweetwater Authority stating fire flow requirements and shall enter into an agreement for water facility improvements to provide services for each lot with the Authority prior to approval of the Final Map. 10. An easement for water facilities shall be provided, as required by the Sweetwater Authority, between Shell Avenue and Peach Blossom Street. 11. Each parcel shall have a minimum size of 5,000 square feet. The proposed lot size and configurations, grading and access shall be in substantial conformance to the tentative map. Minor changes are expected in order to conform to conditions of approval for the cul-de-sac (50 ft. radius for right-of-way rather than 45 ft. indicated on the tentative map), for the water easement between Shell Avenue and Peach Blossom Street, and for lot line adjustments between lots 1 and 2, and between lots 3 and 4. 12. The property to the west of lot 18 and to the north of the proposed lot 2 shall be connected to the City of National City sewer system, at no cost to the City of National City, if the Director of the City Department of Building and Safety finds that the existing septic tank is unsafe and has failed to operate properly thus presenting a danger to public safety. The subdivider shall prepare a study to verify adequacy of the septic system, which study shall be approved by the City Engineer prior to issuance of a grading permit for the project site. If the unsafe septic system condition results from any action of the subdivider, the subdivider shall cause connection of the adjacent property to the public sewer system at its own expense, and with its own fees. The adjacent owner shall grant necessary easements and rights of entry necessary to perform the work of improvement. If the septic system is deemed to be unsafe and the unsafe condition results from any action of the adjacent owner, then the adjacent owner shall hook up to the public sewer system at his own expense, the subdivider providing necessary access easements to the public system. In this condition, the term "unsafe" means a condition that presents a danger to the public health or safety. The determination called for herein shall be made by the City Engineer or the Director of Building Safety, as appropriate. 13. Fire hydrants shall be shown on improvement plans. Hydrants shall be located in accordance with the National City Fire Department subject to approval by the Fire Marshal. 14. Proposed cul-de-sac shall be shown on improvement plans in accordance with City Fire Department requirements. 15. The approval of the tentative subdivision 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. 16. The common boundary of lots 3 and 4 shall be relocated to the east by extending the lot line fran the point at which it connects to the street (front property line) at a wider angle from lot 3. The lot line shall extend as a continuous, straight line fran the street to a point at the top of slope approximately 40 feet easterly of the point shown on the tentative map. It shall extend directly south from the top of slope to the south property line. 17. A brow ditch and retaining wall, as deemed necessary by the City Engineer, shall be installed along the southern boundary of the subdivision prior to issuance of building permits for any houses. 18. A decorative masonry wall shall be built along the northern perimeter of the subdivision, if determined feasible by the City Engineer. Design of the wall shall be approved by the City Engineer. 19. Prior to approval of the Final Map, the subdivider shall obtain approval and record a declaration of covenants, conditions and restrictions, applying to the property, which shall contain provisions requiring the property owners to maintain landscaping and irrigation of slope areas. Said convenants, conditions and restrictions shall be subject to approval as to content and form by the City Attorney and City Council. 20. Prior to approval of the final map a corporation, association, property owners group, or similar entity shall be formed with the right to assess all the lots in the subdivision to meet the expenses of such entity, and with authority to control the use of and the duty to maintain landscape improvements of slope areas. a. Such entity shall operate under recorded covenants, conditions and restrictions which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs and services. b. The subdivider shall submit to the Planning Director evidence of compliance with the requirement to form the entity. c. The requirement to form the entity shall not apply to land dedicated to the city. 21. Building plans, site development plans, and grading and drainage plans shall be approved by the City Council prior to approval of the final map. 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 21st day of April, 1987. orge Waters, Mayor ATTEST: Ion Campbell, City Cle4k APPROVED AS 10 FORM: