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HomeMy WebLinkAboutCC RESO 2004 - 60RESOLUTION NO. 2004 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 34 CONDOMINIUM TOWNHOMES ON A 1.75 ACRE PROPERTY ON THE EAST SIDE OF R AVENUE BETWEEN 7TH AND 8TH STREET APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2003-8/PD-2003-6 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for on property generally described as: The west half of the east half of the west half of 80-acre Lot 2 in Quarter Section 130 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 application at public hearing held on March 15, 2004 and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on April 6, 2004, 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-2003-8/PD-2003-6 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 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Street based on the following findings: Resolution No. 2004 — 60 April 20, 2004 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION/PARCEL MAP 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 19 units per acre, is consistent with the uses and density of 22.9 units per acre, allowed in the Multi -Family Residential (RM-1-PD) Zone, and since there is no specific plan applicable to the property. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban residential character of the area, and since there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the attached three-story units will be located on the property with appropriate setbacks, open space and off-street parking provided. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 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. 2004 — 60 April 20, 2004 Page Three 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 the rectangular shaped 1.75 acre property can accommodate development of 34 three- story townhouses with two -car garages, nine 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 7th and 8th Street and R Avenue all have sufficient capacity to handle the additional 270 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 nearby single-family development, and since the project will enhance an underutilized property. 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. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS 1. That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for open space requirements to be met. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and planned development permit for 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Street is hereby approved subject to the following conditions: Resolution No. 2004 — 60 April 20, 2004 Page Four 1. This Tentative Subdivision Map and Planned Development Permit authorize a one - lot condominium subdivision and the construction of 34 townhomes with associated open space improvements. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A - revised", "B" and "C-revised", Case File No. S-2003-8/PD-2003-6, dated February 6, 2004, November 26, 2003 and February 6, 2004. 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. 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. The reduced setbacks shall be shown on the final map. 5. 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, walks, utilities, buildings, 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. 6. 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. 7. If the development will be gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Minimum fire flow for Type V-N construction will be 2,500 gpm for 2 hours with a 20 psi residual. Resolution No. 2004 — 60 April 20, 2004 Page Five 9. A minimum of two fire hydrants will be required. Hydrant spacing to be 300 feet. 10. No on -street parking shall be permitted within the development, streets will require posting. 11. A grading 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 private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan and Standard Urban Storm water Mitigation Plan (SUSMP) are available at the Public Works/Engineering Department. 12. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. 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, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As 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 National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works/Engineering Department requirements. 13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage 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. 14. The deteriorated portions of the existing street improvements (curb 120' on 7th Street) along the property frontages shall be removed and replaced. 15. Street pavement is required on 7th Street. The minimum street section shall be 3" AC over 8" AB or per soil report. Resolution No. 2004 — 60 April 20, 2004 Page Six 16. A permit shall be obtained from the Public Works/Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. 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. 18. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 320) shall be constructed. Abandoned driveway aprons (135') shall be removed and replaced with curbs, gutters and sidewalks. 19. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 20. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharge 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 City of National City Public Works/Engineering Department prior to any work beginning on the project. 21. The final parcel 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. 22. 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. 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 issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2004 — 60 April 20, 2004 Page Seven 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. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. Exterior walls of buildings/ freestanding signs/ 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. 31. 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. 32. Before this Tentative Subdivision Map/ 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/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 Tentative Subdivision Map/Planned Development 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. 33. 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 shall expire concurrent with the tentative map. Resolution No. 2004 — 60 April 20, 2004 Page Eight 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 20th day of April, 2004. ATTEST: Mic ael Dal a, Cit, Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney