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Home My WebLink AboutCC RESO 2004 - 196RESOLUTION NO. 2004 —196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT ON A 10,500 SQUARE FOOT PROPERTY AT 1937 LANOITAN AVENUE APPLICANT: FELIPE RUELAS CASE FILE NO. PD-2003-3 WHEREAS, the City Council of the City of National City considered a Planned Development Permit for a second residential unit at a 10,500 square foot property at 1937 Lanoitan Avenue at a duly advertised public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. PD-2003-3, 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 the testimony and evidence presented to the City Council at the public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and required off-street parking. 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 house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, and since the new house is similar to existing development in the area. Resolution No. 2004 —196 October 19, 2004 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will result in an increase in the housing stock in the City and region consistent with Housing Element objectives, which call for more housing development than has occurred in recent years. Also, the proposed development will be suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a second residential unit on the rear of a lot with an existing single-family house. 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. PD-2003-3, dated 3/29/2004. 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. The paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shall be modified to comply with the height limits in Title 18 of the National City Municipal Code. 5. The pitch of the roof on the new house shall match the pitch of the roof on the existing house on the property. 6. Two two -car garages shall be built; one shall serve the rear house and the other shall serve the existing house. 7. 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. 8. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with a duration of two hours measured at 20 psi shall be provided. Resolution No. 2004 —196 October 19, 2004 Page Three 10. 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 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 checklist for preparation of the grading and drainage plan is available at the Engineering Department. 11. 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. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 13. 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 and 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. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. 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. 17. 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 —196 October 19, 2004 Page Four 18. Before this 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 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 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. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution 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 19th day of October, 2004. yor ATTEST: Micel Dalla, Cit Clerk APPROVED AS TO FORM: George hf. Eiser, III City Attorney