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HomeMy WebLinkAboutCC RESO 2004 - 144RESOLUTION NO. 2004 — 144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 47 CONDOMINIUM UNITS ON A PROPERTY PARTIALLY DEVELOPED WITH A 12,000 SQUARE FOOT COMMERCIAL BUILDING, AT 101 EAST 30TH STREET APPLICANT: BAY CANYON DEVELOPMENT CO. LLC / CDC CASE FILE NO. S-2004-3/CUP-2004-2 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lots 1 through 20 inclusive in block 2 and the easterly 10.00 feet of "A" Avenue and the westerly 40.00 feet of "B" Avenue closed to public use in Budd Villa Tract along with the 20 foot alley in block 2 closed to the public per document dated December 19, 1919, Resolution No. 574 of the City of National City. WHEREAS, the Planning Commission of the City of National City, California, considered said application and proposed Mitigated Negative Declaration IS- 2003-10 at a public hearing held on June 21, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application and proposed Mitigated Negative Declaration No. IS-2003-10 at a public hearing held on July 20, 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-2004-3, CUP-2004-2 and IS-2003-10 which are 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 Resolution No. 2004 —144 August 3, 2004 Page Two and conditional use permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 East 30th Street based on the following findings: 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 mitigated 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, with a density of 27.3 units/acre, is consistent with the uses and density of 34.8 units/acre allowed in the Heavy Commercial (CH) Zone, and since there are no applicable specific plans. 3. The site is physically suitable for the proposed type of development, since a preliminary geotechnical investigation indicates that site will be able to structurally support the proposed development. Also, the proposed multi -family residential development will serve as a transition between the commercial uses to the west and northwest and the lower density residential uses to the east. 4. The site is physically suitable for the proposed density of development, since the site will accommodate the 47 proposed units with appropriate ratios of parking and open space, and with adequate setback areas. 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 on the partially developed site, nor are there bodies of water, and since the site is located in the midst of an urban area. 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. Resolution No. 2004 —144 August 3, 2004 Page Three 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 Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 9. 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. 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 CONDITIONAL USE PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site will accommodate the 47 unit six -level residential building with appropriate ratios of parking and open space, and with adequate setback areas. 3. 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 approximately 376 average daily trips can be accommodated on East 30th Street and other nearby streets, all of which are operating well below their designed capacities. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since proposed development has been designed to be visually pleasing as encouraged by City Design Guidelines, and since the proposed site layout will provide adequate setback areas and landscaping to buffer the adjacent existing development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since additional homeownership opportunities will be created in such a way that maximizes the use of scarce developable land area within the City. Resolution No. 2004 —144 August 3, 2004 Page Four BE IT FURTHER RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS2003-10, 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 Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigated 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 Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 East 30th Street is hereby approved subject to the following conditions: 1. This Tentative Map authorizes a six story, 47 unit condominium building on a 1.71 acre lot at the northeast corner of 30th Street and A Avenue. 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-2004-3/CUP-2004-2, dated 4/21/2004. 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. The plan shall include the use of specimen trees. 3. All loading and unloading for commercial purposes shall take place at the two northernmost loading doors. 4. All windows and doors on the west side of the residential building shall have a higher STC rating, subject to review and approval by the Planning Director. 5. The roll up doors on the east side of the commercial building shall be kept closed at all times, excluding active loading/unloading periods. 6. Each pair of the 13 pairs of tandem parking stalls shall be assigned to not more than one residence. 7. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. Resolution No. 2004 —144 August 3, 2004 Page Five 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 parking areas, 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. 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 Califomia Building Code, the Califomia Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 12. 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 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. Resolution No. 2004 —144 August 3, 2004 Page Six 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. 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 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 Department requirements. 15. 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. 16. An existing 15 foot wide sewer easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 17. The property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Public Works Department. 18. The driveway on 30th Street shall be an alley entrance type driveway with pedestrian ramps. 19. 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. 20. 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 adjustments. Resolution No. 2004 — 144 August 3, 2004 Page Seven 21. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 22. 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. 23. 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. 24. 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. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The final map shall use the Califomia 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. 29. Television cable companies shall be noted 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. Resolution No. 2004 —144 August 3, 2004 Page Eight 32. Before this Conditional Use Permit/ Tentative Subdivision Map 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 Conditional Use Permit/ Tentative Subdivision Map. 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 Conditional Use Permit/ Tentative Subdivision Map 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 Conditional Use Permit shall expire concurrent with the tentative map. 34. All uses in Use Group 22 (Light Manufacturing) Appendix D of the Land Use Code shall be prohibited. 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 govemed by the provisions of Code of Civil Procedure Section 1094.6. ATTEST: PASSED and ADOPTED this 3rd day of August, 2004. 41% Michael Dalla, City/ Clerk APPROVED AS TO FORM: George H. ier, III, City Attorney