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HomeMy WebLinkAboutCC RESO 2003 - 134RESOLUTION NO. 2003 — 134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805 BETWEEN PLAZA BOULEVARD AND E. 12TH STREET. APPLICANT: THE OLSON COMPANY CASE FILE NOS. S-2003-3/PD-2003-2/IS-2003-2 WHEREAS, application was made for approval of a tentative subdivision map and Planned Development Permit for 28 condominium units on property generally described as: A portion of 80-acre Lot 2, in Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map made by Morrill, No. 166, filed in the Office of the County Recorder of San Diego County, WHEREAS, the Planning Commission of the City of National City, California, considered said applications and proposed Negative Declaration No. IS- 2003-2 at a public hearings held on August 4, and August 18, 2003, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications and proposed Negative Declaration No. IS-2003-2 at a public hearing held on September 2, 2003, 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-2003-3, PD-2003-2 and IS-2003-2 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 28 condominium units on the west side of Interstate 805 between Plaza Boulevard based on the following findings: Resolution No. 2003 —134 September 16, 2003 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 16 units per acre, is consistent with the uses and density, which is 22.9 units per acre, allowed in the General Commercial (CG) Zone, and since there is no specific plan applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on - site, and finally since the development mostly follows the existing contours of the site minimal grading will establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the attached two-story units will buffer an established single-family neighborhood adjacent to the north from commercial development and traffic along Plaza Boulevard, and since site improvements will provide building sites with adequate slope for driveway access to each unit. 5. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. 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. 7. 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. 8. 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. Resolution No. 2003 —134 September 16, 2003 Page Three 9. 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. 10. 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 the rectangular shaped 1.7 acre property can accommodate development of 28 two-story townhouses with two -car garages, six on -site guest parking spaces, private access driveways, and common landscape 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 nearby local residential streets (11th and 12th Streets and R Avenue) and the local collector street (Palm Avenue) all have sufficient capacity to handle the additional 220 average daily trips without suffering a decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent multifamily and commercial development, and since the project will buffer the established single-family neighborhood to the north from the commercial activity on Plaza Boulevard. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property shape, topography and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other Resolution No. 2003 —134 September 16, 2003 Page Four property in the vicinity and under the identical zone classification, since potential development of the site is forced towards the north and west property lines by the sloping topography of the site, the presence of two existing wireless communications facilities located along the east property line, and the close proximity and relationship of the site to the Interstate 805/Plaza Boulevard interchange. Additionally, the presence of the two existing wireless communications facilities and the sloping topography reduce the potential to provide functional on -site recreation areas. 2. That the requested exceptions are 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 an adjacent apartment building, subject to the same development standards as the proposed project, is developed within the front yard and side yard setback areas, and provides less than required open space. Additionally, several nearby multistory commercial buildings in the same zone are built to within 10 feet of 12th Street. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since multifamily residential development is permitted in the General Commercial -Planned Development (CG-PD) Zone with an approved Planned Development Permit. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-2003-2 together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and Planned Development Permit for 28 condominium units on the west side of Interstate 805 between Plaza Boulevard and E. 12th Street is hereby approved subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize a condominium project of 28 townhouses for individual sale. Except as required by conditions of approval, all plans submitted for permits associated Resolution No. 2003 — 134 September 16, 2003 Page Five with the project shall conform with Exhibits A -revised, B-revised, and Exhibit C, Case File no. S-2003-3/PD-2003-2 dated 6/6/2003 for Exhibits A -revised and B-revised and 5/21/2003 for Exhibit C. 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, except along Plaza Boulevard. The applicant shall coordinate the selection of the planting palette for the landscape areas adjacent to Plaza Boulevard with the City consultant preparing the Filipino Village plan, and landscape these areas accordingly. 3. A trash enclosure shall be provided in accordance with City standards, if individual trash service is unavailable. It shall have a stucco exterior to match the buildings. 4. If feasible, a direct pedestrian staircase shall be provided between the proposed development and Plaza Boulevard. 5. The applicant shall coordinate on the design of the retaining wall along Plaza Boulevard with the City consultant preparing the Filipino Village plan. 6. All exterior retaining walls shall be planted with vines where determined appropriate by the Planning Director. 7. 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 streets, parking areas, walks, buildings, 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. 8. 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 — 134 September 16, 2003 Page Six 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001. editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. Mechanical ventilation will be provided by forced air units, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. A minimum of 15 CFM of outside air intake will be supplied per occupant in accordance with Section 1203.3 of the 1997 UBC. 12. Roof ceiling construction will be roofing on plywood, batt insulation will be installed in joist spaces, and the ceilings will be one layer of 5/8 inch gypboard nailed direct, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 13. All exterior walls will be 2 by 4 studs with batt insulation in the stud spaces, exteriors will be plaster or stucco, and the interiors will be 5/8 inch gypboard, unless an acoustical consultant determines an altemative solution to be adequate to comply with recommendations of the Noise Study. 14. All east, north and south facing windows and glass doors in the four units closest to Interstate 805 should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. Additionally, all south, east and west facing windows and glass doors in the seven units closest to Plaza Boulevard should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. The glazing supplier should be required to submit test reports documenting the STC ratings. The test report should be done in an independent, accredited testing laboratory in accordance with ASTM E90. 15. All entry doors should be 1 3/4 inch solid core wood doors with vinyl weatherstripping on the sides and top, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 16. There should be no mail slots in the entry doors, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 17. Any optical viewing devices installed in the entry doors should be the same thickness as the doors, the holes for these devices should be sized so that there is not more than 1/16 inch clearance between the device and the door, Resolution No. 2003 —134 September 16, 2003 Page Seven and the viewing device should be installed in a film of non -hardening sealant that completely fills the clearance between the device and the door, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. G.E. Silicone, U.S. Gypsum Acoustical Sealant or Tremco Acoustical Sealant or an approved equal should be used. 18. There should be no ventilation openings in the exterior walls or roof/ceilings without approved acoustical baffles, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 19. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 20. Exterior walls of buildings/walls/fences/trash enclosures 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. 21. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site 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 parking lot or development shall be implemented with the design of the grading. 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 Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 23. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the soils report conducted by Geocon dated April 4, 2003. As a minimum, the parking lot pavement Resolution No. 2003 —134 September 16, 2003 Page Eight sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. Soils report findings and recommendations are part of the Engineering Department requirements. 24. 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 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 25. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 26. The driveway on Plaza Boulevard shall be an alley entrance type driveway with pedestrian ramps in the sidewalk. 27. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the traffic report conducted by Linscott, Law and Greenspan dated May 1, 2003. The conclusions and recommendations are a part of the Engineering Department requirements. 28. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 29. 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 is subject to adjustment. 30. Street improvements shall be in accordance with City Standards. All missing street improvements (approximately 60' of sidewalk) shall be constructed. Abandoned driveway aprons (on 12th Street) shall be replaced with curb, gutter and sidewalks. 31. A title report shall be submitted to the Engineering Department, after Planning Commission approval, for review of all existing easements and the ownership at the property. 32. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 33. The subdivider shall submit an approval letter from Sweetwater Authority stating 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. 2003 —134 September 16, 2003 Page Nine 34. 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. 35. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 36. The final map shall be recorded prior to issuance of any building permit. 37. All new property line survey monuments shall be set on private property, unless otherwise approved. 38. 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. 39. 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. 40. The emergency access driveway from Plaza Boulevard must be blocked to daily traffic. 41. An encroachment permit must be obtained from the CALTRANS Permits Office for any work within the agency's right-of-way. 42. All roadway features (signs, pavement delineation, roadway surface, etc.) within the State right-of-way must be protected, maintained in a temporary condition, or restored. 43. Increased site runoff to existing state facilities is prohibited. 44. Before this Tentative Subdivision Map approval and Planned Development 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 Subdivision Map approval and the Planned Development 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 Subdivision/Planned Development Resolution No. 2003 — 134 September 16, 2003 Page Ten 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. 45. 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 National City Municipal Code §17.04.070. The Planned Development Permit shall expire concurrently 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 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 16th day of September, 2003. Nick Inzunza, Mayor ATTEST: h el R. Dail it APPROVED AS TO FORM: George H. Eiser, III City Attorney Cl erk y