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HomeMy WebLinkAboutCC RESO 94-82RESOLUTION NO. 94-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF TWO PARCELS INTO FIVE ON VACANT PROPERTY ON THE EAST SIDE OF EUCLID AVENUE, SOUTH OF 13TH STREET. APPLICANT: METROPOLITAN AREA ADVISORY COMMITTEE. CASE FILE NO. S-1993-1 WHEREAS, application was made for approval of a tentative subdivision map for the division of two parcels into five in conjunction with zone variance and planned development permit applications on vacant property on the east side of Euclid Avenue, south of 13th Street on property generally described as: Parcel A: The easterly half of the southerly half of the northwest quarter of the southwest quarter of quarter section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. Excepting therefrom the easterly 200.00 feet. Also excepting therefrom the southerly 50.00 feet of the westerly 10.00 feet of the easterly 210.00 feet. Also excepting therefrom any portion of said land falling within Euclid Avenue as dedicated to public use per document recorded January 12, 1988 as File/Page No. 88-013170 of official records. Parcel B: The southerly 50 feet of the westerly 10.00 feet of the easterly 210 feet of the northwest quarter of the southwest quarter of quarter section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. Parcel C: The southwest quarter of the northwest quarter of the southwest quarter of quarter section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. Continued on Page 2 Resolution No. 94-82 Page 2 of 8 Excepting therefrom that portion lying westerly and northwesterly of the easterly and southeasterly line of Euclid Avenue, as described in Resolution No. 15,496, a certified copy of which was recorded January 12, 1988, as File/Page No. 88-013170 of official records; and, WHEREAS, the Planning Commission of the City of National City considered said application and proposed Negative Declaration No. IS-1993-13 at the public hearings held on March 21 and April 4, 1994, at which time the Planning Commission considered oral and documentary evidence, and the staff report contained in Case File No. S-1993-1, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law, and, WHEREAS, the City Council of the City of National City considered said application and proposed Negative Declaration No. IS-1993-13 at the public hearing held on June 14, 1994, 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 staff report contained in Case File No. S-1993-1, 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 recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City has considered the proposed Negative Declaration together with any comments received during the public review process and all evidence and testimony presented at the hearing and finds that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED by the City Council of the City of National City that it hereby approves the tentative subdivision map to divide two parcels into five parcels, based on the following findings: Continued on Page 3 Resolution No. 9 4 - 8 2 Page 3 of 8 1. The tentative map is consistent with the National City General Plan and applicable specific plans, since the property is zoned RS-3-PD (Single-family Extendable -Planned Development) which allows single- family development, and the subdivision will carry out General Plan policies to infill vacant properties with single-family dwellings and will provide increased home ownership opportunities. 2. The site is physically suitable for the proposed type of development, since adequate access, parking, open space and yard areas will be provided. 3. The site is physically suitable for the proposed density of development, since the proposed density, setbacks and yard areas are in accordance with the RS-3-PD zone designation. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat, since the site is disturbed and does not provide for fish or wildlife habitat. 5 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. 6. The design of the subdivision or the types of 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 Califomia Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 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. Continued on Page 4 Resolution No. 9 4 - 8 2 Page 4 of 8 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, contour, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of two parcels into five is hereby approved subject to the following conditions: 1. Grading and drainage plans shall be submitted which show all proposed and existing on -site and off -site improvements. The plans shall be prepared in accordance with the City's standard requirements by a registered civil engineer. The plans shall show improvement of the existing southerly brow ditch if undersized. All new slopes shall observe a minimum 2 ft. setback from property lines. 2. Hydrology and hydraulic studies (on -site and off -site) shall be submitted. All surface runoff, including runoff from the landscape irrigation system, shall be collected by approved drainage facilities and directed to the street by private storm drains. Adjacent properties shall be protected from surface runoff resulting from this development. The private storm drainage system shall be connected underground to the existing inlet at the southwesterly corner of the property. If the pipe is proposed to be connected to the brow ditch along the Euclid Avenue slopes, the capacity of the brow ditch and that of the inlet structure must be investigated and reflected in the drainage study. The existing improvements shall be upgraded if required. 3. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all 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 parking areas, driveways and access road. Continued on Page 5 Resolution No. Page 5 of 8 94-82 4. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plans. Laterals shall be a minimum of 6 inches in size with clean -outs. The curve radius and construction of the horizontal alignment of the proposed private sewer shall be in accordance with City Ordinance No. 92-2033 requirements. The new sewer shall be a minimum of 8 inches in size, and its grade shall not be Tess than 0.4%. 5. The minor gap between the driveway on 13th Street and the easterly property line shall be filled in with new concrete sidewalk. 6. The portion of the existing guard rail on 13th Street in conflict with the driveway widening shall be removed. The new driveway and the private drive aprons shall be per Standard Drawing "G-14". The widths of the new driveway as well as the private driveways shall be shown. 7. A title report shall be submitted to the Engineering Department for review of any existing easements and their ownerships on the property. 8. The final map shall meet all requirements of the Subdivision Map Act, and National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 9. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for water facility improvements with the Authority prior to obtaining final map approval. 10. Water and sewer laterals shall be provided to each lot. 11. All new utility distribution facilities within the boundaries of the subdivision and within the half street abutting the new subdivision shall be placed underground. 12. The final map shall be recorded prior to issuance of any building permit. Continued on Page 6 Resolution No. 94-82 Page 6of8 13. The complete dimensions of the proposed hammerhead turnaround must be provided on the plans for evaluation. The minimum turning radii shall be 20 ft. A pedestrian ramp shall be provided at the easterly return in accordance with Standard Drawings. The proposed private sidewalks shall be a minimum of 4.5 ft. wide (excluding top of curb). The hammerhead and the access road dimensions and widths shall be subject to approval of both the Engineering and Fire Departments. 14. The proposed retaining walls shall comply with the Regional Standard Drawings, or shall be specially engineered with supporting structural calculations and details. 15. If it is determined that the existing triangular piece of property on the east side of Euclid Avenue located at the southwesterly portion of the project is part of Euclid Avenue right-of-way, it must be vacated prior to merging it with the adjoining westerly parcel. 16. A covenant or a maintenance agreement shall be recorded by the applicant placing the responsibility for the maintenance of the southerly brow ditch on the owners of each affected parcel along the southerly property line. 17. Separate plans showing the plan and profile of the proposed private access road and the turnaround, prepared by a registered civil engineer, shall be submitted concurrently with the grading plans. The plans must include typical roadway cross -sections and earthwork quantity. The plans shall also include the profiles of the new sewer and water facilities. 18. The developer shall bond for the monumentation, public improvements and on -site grading, drainage, and landscaping improvements through an agreement with the City prior to approval of the final map. 19. A cost estimate shall be submitted with the plans. Three percent (3%) of the estimated cost shall also be deposited with the City for plan checking and inspection costs at the time the plans are submitted. Continued on Page 7 Resolution No. 94-82 Page 7 of 8 20. 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 the street, parking areas, walks, utilities, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to form and content 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 costs therefor as a lien against the property if said property is not adequately maintained per 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. 21. A corporation, association, property owner's group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common 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 compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 22. The applicant shall submit evidence to the satisfaction of the City Engineer demonstrating clarification of ownership of the 500 sq. ft. area in the southeasterly corner of the site prior to recordation of the final map. 23. The final map shall be in substantial conformance with the tentative subdivision map as depicted in Exhibit A, dated 4/15/93, Case File No. S-1993-1. 24. The approval of the tentative subdivision map expires two years after adoption of the resolution of approval at 5:00 p.m. unless prior to the 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. Continued on Page 8 Resolution No. 94-82 Page 8 of 8 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 Procedure Section 1094.6. PASSED AND ADOPTED this 21st day of June, 1994. GEORGE H. WATERS, MAYOR Attest: LO I ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: /1%4 GEORGE H. EISER, III City Attorney