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HomeMy WebLinkAboutCC RESO 2004 - 125RESOLUTION NO. 2004 — 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR FOUR SINGLE-FAMILY HOMES (CONDOMINIUM OWNERSHIP) ON A 20,000 SQUARE FOOT LOT AT 1945 PALM AVENUE WITH VARIANCES FOR REDUCED BACKUP SPACE AND GARAGE DIMENSIONS APPLICANT: DIAZ DEVELOPMENT CASE FILE NOS. S-2004-1/PD-2004-1/Z-2004-1 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for four single-family homes (condominium ownership) at 1945 Palm Avenue with Variances for reduced backup space and garage dimensions on property generally described as: The westerly 280.00 feet of the southerly one third of the southerly half of the southwest quarter of the westerly half of 80 acre lot 1 of quarter section 128 Rancho de la NaOion, according to map thereof no. 166, filed in the Office of the County Recorder of San Diego County on May 1, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearings held on May 3, 2004 and June 7, 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 July 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-2004-1/PD-2004-1/Z-2004-1 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 law 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 that it hereby approves the tentative subdivision map, planned development permit and variance for four single-family homes at 1945 Palm Avenue with reduced backup space and garage dimensions based on the findings: Resolution No. 2004 — 125 July 20, 2004 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed project will create home ownership opportunities, and since the proposed three and four bedroom homes will serve the needs of large families. 2. The site is physically suitable for the proposed type of development, since the 20,000 square foot property can contain the four single-family detached houses. 3. The site is physically suitable for the proposed density of development, since the required setbacks and off-street parking will be provided, and since patio/yard areas for each house will be 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 the site is partially developed already, and since the portion that is not developed has been disturbed. 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. 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. Resolution No. 2004 —125 July 20, 2004 Page Three RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 20,000 square foot lot can contain the four houses and the required setbacks and off-street parking will be provided, and since patio/yard areas for each house will be provided. 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 proposed project will result in a relatively minor increase of 32 Average Daily Trips (ADT) that can be accommodated by Palm Avenue, a local residential street. 3. Thot the proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks will be met, off-street parking will be provided and a screen/privacy wall will be built along the north property line. Also, as designed the elevations of the proposed buildings will be consistent with the development in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional home ownership opportunities, that will appeal to families, and since it puts an underutilized lot to better use. RECOMMENDED FINDINGS FOR APPROVAL OF THE VARIANCES 1. That because of special circumstances applicable to the property, including 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 the shape of the property coupled with the slope of the eastern portion of the lot make development of the site considerably more difficult. Also, the location of the site adjacent to a public park and substantial open space reduces the need for on -site open space/yard area. 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 conditions of approval require standard setbacks to be maintained, while prohibiting the construction of any additional accessory structures on -site. Resolution No. 2004 — 125 July 20, 2004 Page Four 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations goveming the parcel of property, since single-family detached houses are allowed in the RS-3-PD Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map, planned development permit and variance for four single-family homes at 1945 Palm Avenue is hereby approved subject to the following conditions: 1. This Tentative Map along with a Planned Development Permit and Variance authorize the construction of four single-family homes available as condominiums at 1945 Palm Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A-3`d revision and B-3`d Revision, Case File no. S-2004-1/PD-2004-1/Z-2004-1, dated 6/2/2004 and 5/18/2004. 2. Plans shall be modified to be accurate; however, on the back half of the property there shall be at least a 10 foot setback from the north and west property lines, 10 feet of separation between houses, an 8 foot setback from the east property line and not less than 20 feet of backup space for any unit. 3. All development must take place on the project site, 1945 Palm Avenue; no encroachment into the adjacent public park is allowed. 4. A screen/privacy fence along the north property lines must be shown on all future plans, subject to review and approval by the Planning Director. 5. Appropriate safety barriers shall be placed atop all retaining walls on -site, subject to review and approval by the Planning Director. 6. No accessory structures, except those shown on the above noted plans, are permitted on the site. 7. 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. It shall be prepared by a Licensed Landscape Architect, and shall include landscaping of the retaining wall along the east property line. 8. 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 driveways, parking areas, walks, utilities 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 Resolution No. 2004 — 125 July 20, 2004 Page Five 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. 9. 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. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. 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 Califomia Title 24 energy and handicapped regulations. 12. 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 drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. A soils engineering report shall be submitted for the Public Works 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 Resolution No. 2004 — 125 July 20, 2004 Page Six design, the parking areas, and the driveways. As a minimum, the parking pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. All soils report findings and recommendations shall be part of the Public Works Department requirements. 14. 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. 15. The deteriorated portions of the existing street improvements (sidewalk 10', driveway 15') along the property frontages shall be removed and replaced. 16. A permit shall be obtained from the Public Works 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. 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. 19. 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. 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 issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2004 —125 July 20, 2004 Page Seven 24. A residential sprinkler system shall be provided for each house. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. 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. 27. Before this Tentative Subdivision Map/Planned Development Permit/ 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map/ 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 Tentative Subdivision Map/ 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. 28. 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 Section 17.04.070. The Planned Development Permit and Variance shall expire concurrent with the Tentative Map, or two -years after recordation of a final map, unless extended according to provisions of Title 18 of the National City Municipal Code. 29. The three surface parking spaces shall have a minimum of 24 feet of backup space. 30. If an easement to connect to the City sewer main in the National City Golf Course is not granted, a septic tank/pump connection to the sewer main in Palm Avenue shall be provided. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2004 — 125 July 20, 2004 Page Eight 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 July, 2004. ATTEST: 4 Mic ael Dalla, ;vty Clerk APPROVED AS TO FORM: George H. iser, III City Attorney