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HomeMy WebLinkAboutCC RESO 2004 - 179RESOLUTION NO. 2004 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-6/CUP-2004-18 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: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimball's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 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-2004-6 and CUP-2004-18 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 to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential Tots with a conditional use permit for one of the lots to have an accessory living unit, based on the following findings: Resolution No. 2004 — 179 September 21, 2004 Page 2 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 eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 units/acre). Also, the high quality characteristics and urban style of the residential development will strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are no relevant specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the urban style residential development will harmonize with the existing urban residential and commercial development in the vicinity, and since most of the development in the area is multi -storied. 3. The site is physically suitable for the proposed density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by the General Plan and with the density of existing nearby development, which varies within the project block from approximately 20 units/acre to 40 units/acre. Also, adequate off-street parking and private open space areas 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 small 12,950 square foot site, which was previously developed, is devoid of any vegetation, and since there are no bodies of water on -site. 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 Govemment Code Section 66474.6. Resolution No. 2004 —179 September 21, 2004 Page 3 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. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ACCESSORY LIVING UNIT ON LOT 6 1. That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living unit/companion flat with adequate off-street parking and private open space. 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 as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on lot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and commercial roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. Resolution No. 2004 —179 September 21, 2004 Page 4 FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes the elevated street and level alley frontage consistent with the pattern of existing residential development in the area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and development include numerous design features that will make it compatible with the adjacent urban residential and commercial properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS 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 eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, 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 under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Guidelines. Finally, the proposed building heights are consistent with the heights of existing development in the area and under the same zoning classification, and are less than would be allowed for commercial development on the property. Resolution No. 2004 — 179 September 21, 2004 Page 5 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 existing nearby developments in the CG Zone provide a lesser ratio of off-street parking spaces per unit in sub -standard parking lots. 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 residential development is permitted in the General Commercial (CG) Zone with an approved site plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the division of one project site into eight lots for development with eight residential units and one accessory living unit. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised and C, Case File no. S-2004-6/CUP-2004-18, dated 7/20/2004, 7/20/2004 and 7/23/2004 respectively. 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. The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective. 4. 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, 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 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. Resolution No. 2004 —179 September 21, 2004 Page 6 5. 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. 6. All exterior balcony/deck/stair railing shall be a high quality, low -maintenance material (excluding wood), subject to review and approval of the Planning Director. 7. If gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Estimated minimum fire flow requirement will be 2250 gpm for 2 hours. 9. Access to the auto court shall not be less than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted "NO PARKING FIRE LANE." 11. Unit 8 shall have an individual fire sprinkler system subject to review and approval of the Fire Department. 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. 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. Resolution No. 2004 —179 September 21, 2004 Page 7 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. The deteriorated portions of the existing street improvements (30' of sidewalks) along the property frontages shall be removed and replaced. 17. 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. 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 is subject to adjustment, according to actual work hours. 19. Street improvements shall be in accordance with City Standards. All missing street improvements (100' of curb and gutter) shall be constructed. 20. 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. 21. 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. Resolution No. 2004 —179 September 21, 2004 Page 8 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. Separate water and sewer laterals shall be provided to each lot/parcel. 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 parcel map/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. 29. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. 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. 32. 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. 33. Before this Tentative Subdivision Map and Conditional Use 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 Resolution No. 2004 —179 September 21, 2004 Page 9 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 / Conditional Use 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 / Conditional Use 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. 34. 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 Conditional Use Permit shall expire concurrent with the Tentative Subdivision 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 21st day of September, 2004. ATTEST: Mic ael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney