HomeMy WebLinkAboutCC RESO 2003 - 97RESOLUTION NO. 2003 — 97
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING A SPECIFIC PLAN AMENDMENT AND
APPROVING A TENTATIVE SUBDIVISION MAP FOR
120 DETACHED CONDOMINIUM UNITS ON THE SOUTH SIDE
OF SWEETWATER ROAD EAST OF PLAZA BONITA
APPLICANT: CONCORDIA COMMUNITIES, LLC
CASE FILE NO. M2-SP-1-88/S-2003-2
WHEREAS, proceedings were initiated for the amendment of Specific
Plan SP-1-88 in accordance with procedures of the Land Use Code; and
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 Planning Commission of the City of National City
considered a specific plan amendment application for 120 detached condominium
units on the south side of Sweetwater Road at a duly advertised public hearing held
on May 19, 2003, at which time oral and documentary evidence was presented;
and
WHEREAS, the Planning Commission did consider the Final
Environmental Impact Report, 1990 Addendum Reports, and the Environmental
Impact Report Addenda dated May 15, 2003 and December 28, 2001 (IS-88-55),
and all evidence and testimony presented at the public hearing; and
WHEREAS, the Planning Commission adopted Resolution No. 16-2003
recommending approval of the specific plan for properties on the south side of
Sweetwater Road east of Plaza Bonita; and
Resolution No. 2003 — 97
July 1, 2003
Page Two
WHEREAS, the City Council of the City of National City, considered a
specific plan amendment application for 120 detached condominium units on the
south side of Sweetwater Road east of Plaza Bonita at a duly advertised public
hearing held on June 17, 2003, at which time oral and documentary evidence was
presented; and
WHEREAS, at said public hearing the City Council of the City of
National City considered Planning Commission Resolution No. 16-2003 and the
proposed specific plan (Exhibit A, 2' Revision, case file no. S-2003-2/M2-SP-1-88,
dated 5/9/2003; and Exhibits B Revised and C Revised, case file no. S-2003-2/M2-
SP-1-88, dated 4/24/2003 and the staff report contained in Case File No. M2-SP-1-
88/S-2003-2, which is maintained by the City and incorporated herein by
reference, along with the evidence and testimony at said hearings; and
WHEREAS, this action is taken pursuant to all applicable procedures
required by State law and City law; and,
WHEREAS, the City Council recognizes the need and desirability to
provide specific guidance for implementation of the General Plan; 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 support the following findings:
FINDINGS FOR APPROVAL OF
THE SPECIFIC PLAN AMENDMENT
1. The proposed plan is consistent with General Plan policies which
encourage a higher rate of home ownership, production of new
housing, and high quality development.
2. That the project is consistent with the RM-1-PUD Multi -Family
Residential - Planned Unit Development General Plan/zoning
designation of the site, since the project provides for detached for -sale
condominiums at a density of 8.1 units per acre in an area where a
density of up to 23 units per acre is permitted.
Resolution No. 2003 — 97
July 1, 2003
Page Three
FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION MAP
1 The proposed map is consistent with the National City General Plan
and applicable Specific Plan as amended, since it provides for
opportunities for home ownership and a mix of housing types
compatible with adjacent residential neighborhoods and complies with
the RM-1-PUD Multi -Family Residential - Planned Unit Development
General Plan/zoning designation of the site by providing for detached
for -sale condominiums at a density of 8.1 units per acre in an area
where a density of up to 23 units per acre is permitted.
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 120 units at a density of 8.1 units per acre while preserving
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 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.
Resolution No. 2003 — 97
July 1, 2003
Page Four
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
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 avoided by the
changes incorporated in the project to include detached rather than
attached units.
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. 2003 — 97
July 1, 2003
Page Five
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 changes in the
project to include noise walls, and the requirement 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, with the adequacy of these techniques be further
confirmed by future acoustical study.
NOW, THEREFORE, the City Council adopts Specific Plan Amendment
M2-SP-1-88 and approves tentative subdivision map S-2003-2 for 120 detached
condominium units on the south side of Sweetwater Road east of Plaza Bonita,
subject to the following conditions:
1. This Amended Specific Plan and Tentative Subdivision Map authorize a
subdivision for 120 detached condominium units. Except as required
by conditions of approval, all plans submitted for permits associated
with the project shall conform with Exhibit A, 2nd Revision, case file
no. S-2003-2/M2-SP-1-88, dated 5/9/2003; and Exhibits B Revised
and C Revised, case file no. S-2003-2/M2-SP-1-88, dated 4/24/2003.
2. The approved Specific Plan shall supersede the requirement of the
PUD designation for a Planned Unit Development permit.
3. The site shall be developed as a single project. Phasing for the project
may be permitted if approved by the Planning Director.
4. Noise walls and retaining walls to a height of not less than 6 feet shall
be treated with a graffiti resistant coating subject to approval from the
Building and Safety Director. Graffiti shall be removed within 24
hours of its observance.
5. A hydrology study (100 year flood) shall be submitted for the review
and approval of the Engineering Department. The study shall consider
the area from the project area to the closest municipal storm drain
Resolution No. 2003 — 97
July 1, 2003
Page Six
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.
6. A grading plan shall be submitted for review and approval by the
Engineering Department 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. A checklist for
preparation of the grading and drainage plan is available at the
Engineering Department.
7. 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
Engineering Department. The plans shall be in accordance with City
requirements.
8. 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 surface runoff resulting from this development.
9. 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.
Sprinkler heads shall be adjusted 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 or 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 Director of
Public Works/Engineering.
Resolution No. 2003 — 97
July 1, 2003
Page Seven
10. Metallic identification tape shall be placed between the bottom layer of
the finished surface and the top of all irrigation lines in the public right-
of-way.
11. The soils report findings and recommendations shall be part of the
Engineering Department requirements. At a minimum, the parking lot
sections shall be 2 inches of A.C. over 4 inches Class II aggregate
base. The Street pavement sections shall be in accordance with
National City modified Standard Drawing G-24.
12. 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 shall be 6-inch in size with a clean out.
13. A 20-foot street right-of-way shall be dedicated to the City along
Sweetwater Road.
14. Two new street lights are required along Sweetwater Road next to the
proposed driveways. The streetlights shall be per City standards. The
feasibility and electrical energy availability of the street lights shall be
verified with the Public Works Department prior to their final approval
and installation.
15. The existing and proposed curb inlet on the property shall be provided
with a "No Dumping" tile in accordance with the NPDES program.
16. The driveways on Sweetwater Road shall be alley entrance type
driveways with pedestrian ramps. The existing traffic study
recommendations by Urban Systems Associates dated October 30,
2001 shall be implemented.
17. 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.
18. 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.
19. 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.
Resolution No. 2003 — 97
July 1, 2003
Page Eight
20. 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.
21. The final map shall meet all of the requirements of the Subdivision
Map Act and the National City Municipal Code including certification,
acknowledgment, complete boundary information and monumentation.
22. The subdivider shall submit an approval letter from Sweetwater
Authority stating that fire flow requirements have been met.
23. 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.
24. All utility distribution facilities within the boundaries of the subdivision,
and within the half street abutting the new subdivision, shall be placed
underground.
25. The final map shall be recorded prior to the issuance of any building
permit.
26. All new property line survey monuments shall be set on private
property, unless otherwise approved.
27. 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.
28. A Private Storm Water Treatment Maintenance Agreement must be
signed by the owner.
29. 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.
30 A new fire hydrant shall be installed near the east turn toward the exit
gates to satisfy Fire Department requirements.
Resolution No. 2003 — 97
July 1, 2003
Page Nine
31. A Knox Box for Fire Department access shall be installed at the front
gate.
32. A rapid entry system for Police Department access shall be provided in
compliance with Municipal Code Chapter 10.47.
33. Television cable companies shall be notified a minimum of 48 hours
prior to filling of cable trenches.
34. 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.
35. 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).
36. The following measures are required to mitigate noise impacts:
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.
f. Noise walls shall be constructed as shown on the noise study
dated April 25, 2003 and accompanying plans.
37. 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
Resolution No. 2003 — 97
July 1, 2003
Page Ten
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.
38. 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.
39. 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.
40. 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 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.
41 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 - 97
July 1, 2003
Page Eleven
42. 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 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 1st day of July, 2003.
Nick Inzunza, Mayor
ATTEST:
Mic el R. Dalla City Clerk
APPROVED AS TO FORM:
George H. riser, Ill
City Attorney