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HomeMy WebLinkAboutCC RESO 2003 - 17RESOLUTION NO. 2003 —17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR FIVE RESIDENTIAL UNITS ON THE EAST SIDE OF Q AVENUE AT 7TH STREET WITH A VARIANCE FOR THE LOCATION OF PARKING SPACES AND FENCING APPLICANT: DANIEL FURLAN CASE FILE NO. S-2002-1/PD-2002-4/Z-2002-3 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for five residential units on the east site of Q Avenue at 7th Street with a variance for the location of parking spaces and fencing on property generally described as: Lots 1 through 7, inclusive, in Block 2 of Bach and Shaules Addition, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1072, filed in the Office of the County Recorder of San Diego County, July 27, 1907, together with the northerly one-half of the street adjoining said Lots 1 through 7, inclusive, on the south as vacated by Resolution No. 9536, recorded February 14, 1968 as File No. 25927 of Official Records. Also together with that portion of the south one-half of the alley adjacent to said Lots 6 and 7 on the northwest, as closed and vacated by resolution of the City of National City, a certified copy recorded December 5, 1986, as File No. 88-623060 of Official Records. Also, together with the easterly 10 feet of "Q" Avenue adjoining said Lot 1, Block 2, and said northerly one-half of 7th Street on the west as vacated by Resolution No. 10,064, recorded March 31, 1970, as File No. 55841 of Official Records. Excepting therefrom the northwesterly 50 feet of Lots 1, 2 and 3 in Block 2 of said Bach and Shaules addition and the northwesterly 50 feet of the easterly 10 feet of "Q" Avenue adjoining said Lot 1, Block 2 on the west. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on November 4, 2002, and by Resolution recommended conditional approval of the application; and WHEREAS, December 17, 2002, and January 7, 2003, at which time oral and documentary evidence was presented; and Resolution No. 2003 —17 January 21, 2003 Page Two WHEREAS, at said public hearings the City Council considered the staff report prepared for Case File Nos. S-2002-1, PD-2002-4, and Z-2002-3, 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 planned development permit for five residential units on the east side of Q Avenue at 7th Street with a variance for the location of parking spaces and fencing, based on the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the development is consistent with the uses and density allowed by the RM-1 General Plan/Zone Designation, and since no Specific Plan is applicable to the site. 2. The site is physically suitable for the proposed type of development, since the proposed site is in a residential area and contains some relatively level areas that can accommodate the proposed units, and since the proposed grading will provide stable building pads. 3. The site is physically suitable for the proposed density of development, since the 0.53 acre property can accommodate pads for the five proposed units at a density of 9.5 units/acre and since other nearby properties are developed at similar or greater densities. Additionally, the site is physically suitable for the proposed density, since there is adequate access to public services and facilities. 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 development and 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. Resolution No. 2003 — 17 January 21, 2003 Page Three 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 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. 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since it will accommodate five units consistent with density limitations of the applicable RM-1 zone, and since variances for less than required separation between the buildings and for a six- foot tall fence in the front yard setback area will maintain adequate yards areas. 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 site is located at the intersection of two residential collector streets, designed to carry residential traffic to nearby arterial roadways, and since the proposed use will generate a small number of residential trips. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since adequate setbacks will be maintained separating development from adjacent properties and since the residential use will be compatible with surrounding residential development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide home ownership opportunities as encouraged by the General Plan. Resolution No. 2003 — 17 January 21, 2003 Page Four FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since site topography partly consisting of steep slopes limits the development area on the property. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since level properties in the area would be able to develop at the same or a greater density and provide typical accessory structures and uses such as fences and parking. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the General Plan and Title 18 of the Municipal Code allow for up to 12 residential units on the property. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and planned development permit for five residential units on the east side of Q Avenue at 7th Street with a variance for the location of parking spaces and fencing, based on the following conditions: 1. This Tentative Map, Planned Development Permit and Zone Variance authorize the development of five residential units for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. S-2002-1/PD-2002-4/Z-2002-3, dated 10/1 /2002. 2. 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. 3. The retaining wall and fence shall be constructed along the north property line, abutting the alley, except where it will maintain a three-foot clearance around an existing utility pole. 4. A safety fence/railing shall be constructed along the south edge of the parking lot and all common areas that adjoin a steep slope. Resolution No. 2003 —17 January 21, 2003 Page Five 5. The developer shall work with San Diego Gas & Electric and Pacific Bell in relocating an existing guy wire so that it no longer encroaches onto the property. 6. A trash enclosure shall be provided in accordance with City standards. It shall be designed to harmonize with the proposed development. 7. The security fence/gate along Q Avenue shall include a gate for pedestrian access. 8. All of the residential units shall be constructed with 12-inch eaves. 9. Plans submitted with any application for a building permit must comply with the 2001 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 10. A grading and drainage plan, prepared in accordance with the City's standard requirements by a Registered Civil Engineer, shall be submitted showing all existing on and off -site improvements. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or 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 and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System regulations. Also, method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in City right-of-way shall be six inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscape improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or street. 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. 12. For P.V.C. 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. Resolution No. 2003 — 17 January 21, 2003 Page Six 13. A soils engineering report shall be submitted for Engineering Department's review. The report shall address the stability of all of the 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 and the maximum allowable soil bearing pressure. At minimum parking lot pavement sections shall be two inch A.C. over four inch Class II aggregate base. Street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 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. 15. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent 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. 16. Street improvements shall be in accordance with the City standards. All missing street improvements, 105 feet of sidewalk and 60 feet of alley, shall be constructed. All abandoned driveway aprons shall be removed and replaced with curb, gutter and sidewalks. 17. A Title Report shall be submitted to the Engineering Department for review of all existing easements and the ownership of the property. 18. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. 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 approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within half the street abutting the new subdivision shall be placed underground. 21. The final map shall be recorded prior to issuance of any building permit. 22. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2003 — 17 January 21, 2003 Page Seven 23. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle 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. 24. A fire sprinkler system shall be installed in each of the residential units. 25. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. Exterior walls of buildings/ freestanding fences/ 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. 28. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project, prior to obtaining the final map approval. 29. 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 parking areas, walks, retaining walls, utilities recreational facilities and open spaces, 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. 30. 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. Resolution No. 2003 — 17 January 21, 2003 Page Eight 31. Before this Subdivision, Planned Development Permit and Zone Variance 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 Subdivision/ Planned Development Permit/Zone Variance. 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 Subdivision/Planned Development Permit/Zone Variance 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. 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 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 21st day of January, 2003. ATTEST: ,t,r_40 Mich el R. Dalla, City Clerk APPROVED AS TO FORM: Air George H. Eiser, III City Attorney Nick Inzunz-,�=yor