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HomeMy WebLinkAboutCC RESO 2001 - 188RESOLUTION NO. 2001 - 188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE 38 SINGLE-FAMILY PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF EAST 8TH STREET Applicant: Simon & Richard Construction Co. Inc. Case File Nos. S-2000-3, IS-2000-10 WHEREAS, application was made for approval of a tentative subdivision map to create 38 single-family parcels on property generally described as: Portions of Lots 2, 3, 4, 5, 6, and 7 of B. F. Pritchard's Paradise Villa Addition to National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 155, filed in the Office of the County Recorder of San Diego County, July 7, 1887. WHEREAS, the Planning Commission of the City of National City considered said application and proposed Mitigated Negative Declaration No. IS-2000-10 at public hearings held on August 20, 2001 and October 1, 2001, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said application and proposed Mitigated Negative Declaration No. IS-2000-10 at a public hearing held on November 6, 2001, and continued to the meeting of November 20, 2001, at which times oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2000-3 and IS-200-10 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 and City law; 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 hereby approves the tentative subdivision map to create 38 single-family parcels based on the following findings: Resolution No. 2001 -188 December 4, 2001 Page 2 1. The proposed map is consistent with the National City General Plan since it provides for retention and enhancement of existing hillsides, development at lower densities in areas with. steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes. Additionally, the map is consistent with and will carry out the proposed specific plan for the property. 2. The site is physically suitable for the proposed type of development, since the site is in a single-family residential area and contains gently sloping areas that can accommodate the proposed homes. 3. The site is physically suitable for the proposed density of development, since the 16.5-acre can accommodate building pads for 38 homes at a density of 2.6 units per acre while preserving steep slopes and biologically sensitive areas. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services 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 existing easements on the property will remain in place and new homes will be located outside the easement boundaries. 7. The discharge of sewerage waste from the subdivision into the City of San Diego 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. 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. Resolution No. 2001 - 188 December 4, 2001 Page 3 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. BE IT FURTHER RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS-2000-10, together with any comments received during the public review process, and finds 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 Mitigated Negative Declaration and mitigation monitoring program, and authorizes the filing of a Notice of Determination. Furthermore, the City Council finds that the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for creation of 38 single-family parcels is hereby approved subject to the following conditions: 1. This Specific Plan and Subdivision authorizes the development of 38 single- family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd Revision dated 11/6/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Resolution No. 2001 —188 December 4, 2001 Page 4 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de-sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet of curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. 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, and shall adjust the sprinlder heads so as to prevent overspray upon the public sidewalk or streets. 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, 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. Resolution No. 2001 - 188 December 4, 2001 Page 5 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul-de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work 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 will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. Resolution No. 2001 - 188 December 4, 2001 Page 6 19. Separate water and sewer laterals shall be provided to each lot. 20. 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. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final map shall use the Califomia 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. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining walls shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 28. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3. Minimum lot area shall be 6,500 square feet with 50 feet typical street frontage. 29. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements. 30. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 31. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. Resolution No. 2001 - 188 December 4, 2001 Page 7 32. To mitigate potential biological impacts, the following mitigation measures shall be carried out: a. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300 foot buffer between the nest and construction activities shall be observed as long as the nest is active. b. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. c. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. d. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area in excess of that open space provided on the project site shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. e. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization will be required per the Endangered Species Act. 33. To mitigate potential noise impacts on the proposed homes from the street, a 6- foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. Resolution No. 2001 —188 December 4, 2001 Page 8 34. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 35. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 36. The following shall be carried out to provide for maintenance of slopes and natural areas: a. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. b. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. 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. 37. Ownership of natural slope areas identified as open space lots 39 and 40 on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3) shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the final map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the final map. Resolution No. 2001 -188 December 4, 2001 Page 9 38. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 39. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 40. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area without Site Plan Review by the Planning Department. Accessory structures or any other new construction shall be prohibited in the Open Space areas identified on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP- 2000-1 and S-2000-3). 41. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. 42. Prior to recordation of the final map, the applicant shall 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 the Specific Plan and Subdivision 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. 43. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2001 -188 December 4, 2001 Page 10 BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. 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 4`h day of December, 2001. George H. Waters, Mayor ATTEST: 4 Jl Michael Dalla, Ciyj' Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney