Loading...
HomeMy WebLinkAboutCC RESO 2001 - 200RESOLUTION NO. 2001 - 200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE APPLICANT: VENTURE ONE MORTGAGE CORPORATION/ CAROLINO INVESTMENT CORPORATION CASE FILE NOS. S-2001-1/CUP-2000-7 WHEREAS, applications were made for approval of a Tentative Subdivision Map and a Conditional Use Permit for six condominiums at 228 Palm Avenue on property generally described as: Lot 52, Block 4, Paradena Park, Map #1404, in the City of National City, County of San Diego, State of California, filed in the Office of County Recorder of San Diego County on February 16, 1912. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on November 19, 2001, and by Resolution recommended conditional approval of the Tentative Subdivision Map and conditionally approved the related Conditional Use Permit; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on December 4, 2001 at which time 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-2001-1 and CUP-2000-7 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 by the City Council of the City of National City, California, that it hereby approves the Tentative Subdivision Map and Conditional Use Permit for six condominiums based on the following findings: Resolution No. 2001 - 200 Page Two December 18, 2001 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the proposed development of six residential condominiums on the 18,000 square foot site are allowed by the applicable CL (Limited Commercial) land use category of the General Plan, which allows the use, and since there is no specific plan applicable to the subdivision site. 2. The site is physically suitable for the proposed type of development, since it is relatively flat and large enough to accommodate the proposed units and associated parking and landscaping. 3. The site is physically suitable for the proposed density of development, since other nearby properties are developed at similar densities. 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 the site is disturbed and surrounded by urban uses. 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 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. 8. The subdivision has been considered by the City Council 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. 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. Resolution No. 2001 — 200 Page Three December 18, 2001 FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 18,000 square foot property is large enough to accommodate the proposed six units and the necessary parking area and open space needed. 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 the property is located on Palm Avenue, a collector street, designed to direct local traffic to nearby arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project complies with setback standards and is of a residential density which is compatible with other uses in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for home ownership as recommended by the General Plan. BE IT FURTHER RESOLVED that based on the fmdings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for six condominiums is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorizes the development of six condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. S-2001- 1/CUP-2000-7, dated 10/4/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading 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 - 200 Page Four December 18, 2001 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 NPDES regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run- off resulting from this development. 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 sprinkler 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 surfaced and the top of the lines. 7. 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. 8. 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. At 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 Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2001 — 200 Page Five December 18, 2001 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. The abandoned driveway shall be replaced by curb, sidewalk, and gutter. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 12. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping 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 is subject to adjustment. 13. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 14. 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. 15. 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 fmal map approval. 16. 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 fmal map. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 18. The fmal map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The fmal map shall 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. Resolution No. 2001 - 200 Page Six December 18, 2001 21. Smoke detectors shall be installed in all sleeping areas and hallways leading to them. 22. A fire sprinkler system shall be installed to comply with Fire Department requirements unless otherwise approved by the Fire Department. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco exterior to match the building. 25. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet 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. 26. A detailed landscape and underground irrigation plan, including plant types, methods 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. 27. 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 areas including parking areas, walks, and landscape areas, 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 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. 28. 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 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. 29. A pedestrian access gate shall be provided at the property entrance. Resolution No. 2001 - 200 Page Seven December 18, 2001 30. Before this Tentative 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 Department, 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 Tentative Map and Conditional Use 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 the Tentative 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 Planning Director prior to recordation. 31. 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 for the Tentative Map not exceeding three (3) years has been filed as provided by Section 66452.6(e) of the California Government Code. Approval of the Conditional Use Permit shall be considered expired or extended concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and fmal 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 18t day of December, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: /14 Misel Dalla, CiClerk George H. Eiser, III City Attorney