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HomeMy WebLinkAboutCC RESO 2004 - 180RESOLUTION NO. 2004 - 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR THE DIVISION OF A 1.9 ACRE PROPERTY TO ACCOMMODATE A 25 UNIT RESIDENTIAL DEVELOPMENT ON THE WEST SIDE OF INTERSTATE 805 NORTH OF 16TH STREET APPLICANT: PACIFICA COMPANIES CASE FILE NO. S-2004-2/PD-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: That portion of the south half of the Easterly Quarter of the Southwest Quarter of Quarter Section 129 of Rancho De La Nacion, together with the Northwesterly 60 feet of the Northeasterly 100 feet of the Southeasterly 360 feet of that portion of 80 Acre Lot 2 in said Quarter Section 129, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, by Morrill, 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 at a public hearing held on July 19, and 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-2004-2 and PD-2004-2 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 and planned development permit for the division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 north of 16th Street, based on the following findings: Resolution No. 2004 —180 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 the project will provide 25 additional homeownership opportunities on a vacant commercial property, and since the units will be designed to be suitable for families. Also, the project density of 13.2 units per acre is well within the 22.9 units/acre allowed by the General Plan. Finally, there are no specific plans that are applicable to the project site. 2. The site is physically suitable for the proposed type of development, since the proposed development exhibits characteristics of both single-family and multi -family development in order to harmonize with the existing development around the site. 3. The site is physically suitable for the proposed density of development, since the proposed development will feature good sized residential units, with an excess of off-street parking, and an overabundance of open space. 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 located on the disturbed 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. 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 —180 September 21, 2004 Page 3 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 site can accommodate 25 good sized residential units, with an excess of off-street parking, and abundant 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 the approximately 200 average daily trips (ADT) that will be generated by the project can accommodated on the nearby roads. Specifically, since Sheryl Lane, which is only a block and a half long in this area, does not carry through traffic, and since 16th Street is operating at half its capacity of 10,000 ADT. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since single-family characteristics integrated into the project will allow it to harmonize with the existing development. Additionally, the excess of off-street parking that will be provided, coupled with the location of the main recreation at the center of the development, will lessen the potential for impacts to adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 25 new homeownership opportunities will be created in a region facing a growing demand for additional housing. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 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 general isolation of the site from the existing road network makes it impracticable to divide it consistent with the subdivision/development pattern of the existing residential development in the area. Resolution No. 2004 —180 September 21, 2004 Page 4 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 future development pattern is compatible with the adjacent residential 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for the division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 north of 16th Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Planned Development Permit authorize a 25 unit residential development on an existing 1.89 acre property. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B-revised, Case File No. S-2004-2/PD- 2004-2, dated 5/6/2004. 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. Either individual trash service shall be provided or a trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 4. All construction recommendations contained in the Acoustical Analysis prepared by Davy & Associates for Pacifica Companies shall be satisfied prior to issuance of a building permit. 5. Optional unit additions must be consistent with the concept contained in Exhibit B-revised, Case File No. S-2004-2/PD-2004-2, dated 5/6/2004. Also the covenants, conditions and restrictions (more fully described below) shall include a provision requiring association board approval prior to issuance of a National City Building Permit for said addition. Resolution No. 2004 —180 September 21, 2004 Page 5 6. 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 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. 7. 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. 8. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 10. 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 Public Works Departments requirements. 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 Resolution No. 2004 —180 September 21, 2004 Page 6 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 Department. 12. 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. 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 design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed private 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. 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 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. An existing 10- 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 sewer main can be relocated and a new sewer easement can be dedicated to the city. The easement shall be shown on the plans. 16. The driveway on Sheryl Lane shall be an alley entrance type driveway with pedestrian ramps. 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. Resolution No. 2004 —180 September 21, 2004 Page 7 19. Street improvements shall be in accordance with City Standards. All missing street improvements (approximately 70' of sidewalks) 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. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged 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 Department prior to any work beginning on the project . 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 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. Minimum fire flow requirement shall be 2,750 gpm for two (2) hours. Resolution No. 2004 —180 September 21, 2004 Page 8 30. Minimum fire access roadway shall be 20 feet unobstructed width with 13 feet 6 inches vertical clearance, and with a corner radius of 28 feet. 31. Fire hydrants to be placed at 300-foot intervals. 32. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 33. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess 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. 34. 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. 35. 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 retum 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. 36. 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 concurrent with the Tentative Subdivision Map, unless extended according to the procedures contained in Chapter 18.116 of the National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2004 —180 September 21, 2004 Page 9 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: tif/w Michael Dalla, Ci Clerk A ) APPROVED AS TO FORM: George H. Eiser, III City Attorney