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HomeMy WebLinkAboutCC RESO 2002 - 36RESOLUTION NO. 2002 — 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR 174 CONDOMINIUMS AND ONE SINGLE-FAMILY LOT ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF THE PLAZA BONITA SHOPPING CENTER AND 100 FEET WEST OF CALMOOR STREET APPLICANT: WHITAKER INVESTMENT CORP. CASE FILE NO. S-2001-2 WHEREAS, application was made for approval of a tentative subdivision map on property generally described as: All that portion of Lots 4, 5 and 8 in Quarter Section 99 of L.W. Kimball's Subdivision of parts of Quarter Sections 98, 99, 110 and 111 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to Map thereof No. 63, filed in the Office of the County Recorder of San Diego County, May 11, 1885, together with a portion of the southwesterly quarter of Quarter Section 100 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, filed in the City Office of the County Recorder of San Diego County. WHEREAS, the City Council of the City of National City, California, considered said applications at a duly advertised public hearing held on February 4, and March 12, 2002, at which time the City Council considered oral and documentary evidence; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. S-2001-2 which is maintained by the City and incorporated herein by reference; along with the Final Environmental Impact Report, 1990 Addendum Reports, and the Environmental Impact Report Addendum dated December 28, 2001 (IS-88-55), and evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; 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 by the City Council of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, support the following findings: Resolution No. 2002 — 36 March 12, 2002 Page Two 1. The proposed map is consistent with the National City General Plan and applicable Specific Plan, since it provides for opportunities for home ownership and a mix of housing types compatible with adjacent residential neighborhoods, and since the proposed 175 units comply with the conditions of the approved Specific Plan permitting as many as 175 units on the site. 2. The site is physically suitable for the proposed type of development, since it is in a residential area and contains gently sloping areas that can accommodate the proposed units. 3. The site is physically suitable for the proposed density of development, since the 14.8-acre site can accommodate pads for the proposed 175 units while preserving steep slopes and biologically sensitive areas. 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. 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 sewage 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. 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. 10. That the property to be divided is affected by such topographic conditions that it is impossible or impracticable to fully conform to the subdivision requirements for street access, since the property contains a knoll above the primary developable portion of the lot that is best accessed from an existing easement and not public streets. Resolution No. 2002 — 36 March 12, 2002 Page Three 11. That the exception for one lot with no street frontage will not be detrimental to the public health, safety, or welfare, or be detrimental to other properties in the vicinity, since the property will be adequately served by all necessary utilities, and will be conditioned to provide adequate access for emergency services. 12. That granting of the exception for one lot with no street frontage is in accordance with the intent and purposes of the Subdivision Ordinance and is consistent with the General Plan and with all other applicable plans of the City since the proposal will create opportunities for home ownership, since it will result in the infill of a vacant lot a single-family home, and since it conforms to the Land Use Code with approval of the necessary exception. BE IT FURTHER RESOLVED that the City Council has considered the Final Environmental Impact Report and Addenda (IS-88-55) and finds that the project will have significant impacts on the environment, and that changes or alterations required in or incorporated into the project avoid or substantially lessen the significant effects. Based on the Final EIR, Addenda, and explanation of findings incorporated in the City Council Resolution certifying the Final EIR, the City Council further finds the following: 1. That Mitigation Measures required by EIR No. IS-88-55 are incorporated into the proposed project or conditions of approval. 2. That changes to the EIR made in the Addendum do not raise important new issues about the significant effects on the environment. 3. That previously certified EIR No. IS-88-55 adequately addresses the project, since no new significant environmental impacts result from changes in the project or its environment. 4. That the significant impact on visual quality created by rows of two-story units facing single-family residences to the east is substantially lessened by the changes incorporated in the project which re -orient the new units so that they no longer face homes to the east. 5. That the significant impact on transportation created by the alignment of the new driveway in conflict with traffic from Fairlomas Way across Sweetwater Road is avoided by changes in the project which relocate the driveway further away from Fairlomas Way so that conflicting travel paths are no longer present. 6. That the significant impact on school facilities created by the presence of additional residences and students is substantially lessened by the payment of development/school fees required for the project. Resolution No. 2002 — 36 March 12, 2002 Page Four 7. That the cumulative significant impact on air quality created by the project is avoided by the availability of alternate methods of transportation as explained in the Draft EIR and is further lessened by changes in the project which reduce the number of units and therefore vehicle trips. 8. That the significant impact on paleontology created by project grading is avoided by the requirement that a qualified paleontologist be retained to monitor site grading. 9. That the significant impact of noise is avoided by requirements that the project be constructed such that all units with a direct line -of -sight to Sweetwater Road utilize specific design and construction techniques specified in the EIR and that the adequacy of these techniques be further confirmed by future acoustical study. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, approval of said tentative subdivision map for 174 condominiums and one single-family lot on the south side of Sweetwater Road east of the Plaza Bonita Shopping Center and 100 feet west of Calmoor Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the creation of one lot for 164 condominium units, with up to an additional 10 units provided construction is geotechnically feasible, for a maximum of 174 units, and of one single-family lot. Except as required by conditions of approval, all plans submitted for permits and site plan approval associated with the project shall conform with Exhibit A, 2nd Revision, case file no. S-2001-2 dated 12/18/2001 and Exhibit B, case file no. S-2001-2 dated 12/13/2001. 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 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 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. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. Resolution No. 2002 — 36 March 12, 2002 Page Five 4. Separate street and sewer 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. 5. All surface runoff shall be collected by approved drainage facilities and directed to the natural waterway, a curb outlet, or directed to the street by sidewalk underdrains. Adjacent properties shall be protected from the surface runoff resulting from the proposed development. 6. 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 sprinlder 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. 7. 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. 8. The submitted soils engineering report findings and recommendations shall be part of the Engineering Department requirements. At a minimum, the parking lot sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The Street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. 9. A sewer permit will be required. The method of sewage and collection disposal shall be shown on the grading plan. Any new sewer lateral in the City shall be 6-inch in size with a clean out. 10. A 20-foot street right-of-way shall be dedicated to the City along Sweetwater Road. 11. Two new street lights are required along Sweetwater Road. The street lights shall be constructed per City standards. The feasibility and electrical energy availability of the street lights shall be verified with the Public Works Department prior to construction. 12. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 13. The driveways on Sweetwater Road shall be alley type entrance driveways with pedestrian ramps. A final signed plan shall be submitted with the street improvement plans for approval. Resolution No. 2002 — 36 March 12, 2002 Page Six 14. 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. A National Pollutant Discharge Elimination System (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. 15. 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. 16. Street improvements shall be constructed in accordance with the City standards. All missing street improvements, including approximately 1200 linear feet of sidewalks, curbs, gutters, and street, shall be constructed. 17. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 18. 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. 19. 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. 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 the issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final 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. 2002 — 36 March 12, 2002 Page Seven 25. A triple box culvert shall be installed along Sweetwater Road as required by the City Engineer. Plans for the culvert shall be submitted to the Engineering Department for review and approval. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. The following conditions shall be satisfied regarding fire protection: a. The required fire flow will be 1,500 gpm for two hours at minimum 20 psi residual. Sweetwater Authority must verify in writing to the Fire Department that this requirement can be met. b. Approximately nine fire hydrants will be required. c. Access roadways must be maintained at a minimum of 20 feet wide with a minimum turning radius of 24 feet. d. All security gates shall have a knox box mounted at the gate entrance for Fire Department use. e. Addresses must be provided on each unit in a visible location and on a contrasting background so that they can be seen easily. If necessary, an additional address directory sign shall be located at the entrance to the complex. f. Smoke detectors shall be provided in each unit in accordance with the Building Code. g. A type 2A:10BC fire extinguisher is required at the pool/spa. 28. The following conditions shall be satisfied to improve security in accordance with the Specific Plan requirements: a. Entry to the property shall be restricted by an electric access gate. b. The Association shall agree to remove graffiti from walls within 48 hours. To prevent graffiti, the landscape plan shall require vines planted to grow on walls. c. The project shall follow City requirements relating to security devices such as locks and deadbolts. 29. The subdivision map shall be submitted to the County Department of Health Services for review. Documentation shall be provided indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections to the adjacent lots if determined necessary by the City Engineer and the County Department of Health Services. 30. Trash enclosures shall be provided in accordance with City standards. They shall have stucco exteriors to match the buildings. Resolution No. 2002 — 36 March 12, 2002 Page Eight 31. Exterior walls of buildings/ freestanding signs/ 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. 32. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A, 2nd Revision, case file no. S-2001-2 dated 12/18/2001. 33. Buildings shall be in substantial conformance with those depicted in Exhibit B, case file no. S-2001-2 dated 12/13/2001. 34. The potentially significant effects to fossil remains from the site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program as described in the EIR (IS-88-55). 35. The following measures are required to mitigate noise impacts, as explained in the EIR (IS-88-55): a. All units with a direct line -of -sight to Sweetwater Road shall be air- conditioned. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around framed, doorjambs, and the like. c. No vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road. d. Prior to issuance of building permits, a specific interior acoustical study to verify compliance with Title 24 shall be completed. e. Prior to issuance of grading permits, an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. 36. To mitigate potential biological impacts, the onsite enhancement of existing wetlands at a 3:1 ratio is required, at a minimum, to mitigate the loss of jurisdictional wetlands. The enhancement shall consist of the removal of noxious weed species and planting of suitable native wetland species. Any additional mitigation requirements of the State and Federal Resource Agencies shall also be carried out. 37. 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. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements, and landscaping and irrigation for cut and fill slopes shall be installed at the time of grading. Resolution No. 2002 — 36 March 12, 2002 Page Nine 38. All retaining walls shall be a Keystone or other decorative type retaining wall subject to the review and approval of the Planning Director. Retaining walls greater than four feet in height shall be planted with vines or other vegetation. 39. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, driveways, walks, buildings, utilities, recreational facilities and open spaces for lot 1 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 therefore 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. 40. 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 (lot 1 shown on the tentative map) 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. 41. The one single-family lot accessed via an easement from Putter Drive shall be removed from the plans unless Fire Department access requirements are satisfied for the lots. 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 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. 44. Planning Commission approval of plans shall be required for the single- family home prior to approval of building permits for the home. Resolution No. 2002 — 36 March 12, 2002 Page Ten 45. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, 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 thi9 decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 12th day of March, 2002. George I-Y Waters, Mayor ATTEST: it Mich el R. Dalla, • y Clerk APPROVED S TO FORM: udolf Hradecky enior Assistant City Attorney Passed and adopted by the Council of the City of National City, California, on March 12, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Clerk of the City of $ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-36 of the City of National City, California, passed and adopted by the Council of said City on March 12, 2002. City Clerk of the City of National City, California By: Deputy