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HomeMy WebLinkAboutCC RESO 2004 - 186RESOLUTION NO. 2004 — 186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE 3.2 ACRE PROPERTY INTO TWO LOTS WITH A CONDITIONAL USE PERMIT FOR 21 CONDOMINIUM TOWNHOMES ON THE VACANT NORTHERLY 1.3 ACRES OF THE PROPERTY PARTIALLY DEVELOPED WITH SAV-ON DRUG STORE APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2004-7/CUP-2004-17 WHEREAS, application was made for approval of a tentative subdivision map to divide one 3.2 acre property into two lots with a conditional use permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store on property generally described as: Parcel 1 of Parcel Map 12554, in the City of National City, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County on February 8, 1983 as File/Page No. 83-040912, Official Records WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on August 16, 2004 at which time the Planning Commission considered oral and documentary evidence; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 21, 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-2004-7 and CUP-2004-17 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 law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves tentative subdivision map to divide one 3.2 acre property into two Tots with a conditional use permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store based on the following findings: Resolution No. 2004 — 186 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 multi -family residential component, at a density of 16.3 units/acre, is consistent with the residential use and density of 34.8 units/acre allowed in the General Commercial Zone, and since the existing Sav-on Drug Store is allowed in the CG Zone, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to and be compatible with the urban character of the area, and since the operation of the existing Sav-on Drug Store will not be affected, and there will be adequate screening and separation between the residential and commercial uses. Also, 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, and since an appropriate buffer will be provided between the residential units and Sav-on Drug Store, and the higher density is compatible with nearby shopping and other multi -family housing. 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 Califomia Regional Quality Control Board Resolution No. 2004 — 186 Page Three 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. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR RESIDENTIAL CONDOMINIUMS IN THE GENERAL COMMERCIAL ZONE 1. That the site for the proposed use is adequate in size and shape, since the somewhat rectangular shaped 1.3 acre property can accommodate development of 21 townhouses at a density consistent with the General Plan, with two -car garages, six on -site guest 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 L Avenue, 8th Street and Plaza Boulevard all have sufficient capacity to absorb the additional 168 residential average daily trips (ADT) without suffering a decrease in service performance. 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 single-family and commercial 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 homeownership opportunities for moderate and middle income families, allowing for mobility in the housing market. Resolution No. 2004 — 186 Page Four FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed slightly reduced side yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from adjacent commercial and residential development while allowing for 21 high quality residential units to be provided with a greater amount of landscaped open space areas than required. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and conditional use permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a two -lot subdivision of a 3.2 acre property, with 21 condominium townhomes on the proposed northerly 1.3 acre lot. 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-2004-7/CUP-2004-17, dated 7/19/2004. 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. If individual trash service is not available, a trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 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 streets, 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 theproperty 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 — 186 Page Five 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. A screen wall/fence and gate consistent with City Design Guidelines, shall be constructed along the proposed property line separating the existing Sav-on Drug Store from the proposed residential development. 7. Either emergency vehicle access to the site approved by the National City Fire Department or residential sprinkler systems approved by the Fire Department shall be provided. 8. New fire hydrants are required at the eastern and westem ends of "Private Street B" in Exhibit A -revised, subject to review, approval and/or modification by the Fire Department. 9. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the Califomia Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 11. 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, or provisions shall be included in the CC&R's, to the satisfaction of the City Attorney, ensuring maintenance of storm water treatment Resolution No. 2004 — 186 Page Six devices. 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. 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 tentative map 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. 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. An existing 20 foot wide drainage easement reserved to the City of National City exists at west side of the property and no building encroachment will be allowed within the easement. The 10' existing sewer easement shall be vacated before the final map is approved. The sewer line shall be relocated and a new easement shall be approved. 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. Resolution No. 2004 — 186 Page Seven 18. 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. 19. 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. 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 streets 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. 24. 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. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. 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. 27. 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 — 186 October 5, 2004 Page Eight 28. The applicant shall coordinate with Sweetwater Authority (submit an existing street improvement plan and a plumbing plan with a fixture -unit count) to receive an estimate for water services. 29. Before this Tentative Subdivision Map / 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 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. 30. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 5th day of October, 200 ATTEST: 4 Mic el Dalla, Ci Clerk Nick `t'n za, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney