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HomeMy WebLinkAboutCC RESO 2004 - 238RESOLUTION NO. 2004 — 238 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 17 RESIDENTIAL CONDOMINIUM UNITS IN A PROPOSED FIVE -STORY BUILDING ON ONE-HALF ACRE, ON THE WEST SIDE OF "L" AVENUE, APPROXIMATELY 100 FEET NORTH OF PLAZA BOULEVARD APPLICANT: COAST CONTRACTING AND DEVELOPMENT, INC. CASE FILE NO. S-2004-10/CUP-2004-19 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for 17 residential condominium units in a proposed five - story building on one-half acre, on the west side of "L" Avenue, approximately 100 feet north of Plaza Boulevard, on property generally described as: Parcel 3 of Map No. 8128, 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, December 4, 1978, as File No. 78-520662 of Official Records WHEREAS, the Planning Commission of the City of National City considered said applications at public hearings held on November 1, 2004, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on December 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-2004-10 and CUP-2004-19 which is 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 that the City Council of the City of National City hereby approves tentative the subdivision map and conditional use permit for 17 residential condominium units in a proposed five -story building on one-half acre, on the west side of "L" Avenue, approximately 100 feet north of Plaza Boulevard, based on the following findings: Resolution No. 2004 — 238 December 21, 2004 Page Two RECOMMENDED 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 General Plan encourages residential infill development on vacant commercially zoned properties, creation of homeownership opportunities suitable for families, and a density of approximately 34.8 units per acre. Additionally, there is no specific plan that affects the project site, 2. The site is physically suitable for the proposed type of development, since multi- family development does exist adjacent to the site, and the location of property at the edge of a major commercial area makes it suitable for multi -family residential development. 3. The site is physically suitable for the proposed density of development, since adequately sized units, suitable open space/recreation areas and parking will be provided. Furthermore, the increased floor area ratio, lot coverage, and reduced setbacks are consistent with much of the existing development in the area. 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 previously developed site is devoid of vegetation and bodies of water, and is thus unsuitable as habitat for fish or wildlife. 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 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. Resolution No. 2004 — 238 December 21, 2004 Page Three 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1 That the site for the proposed use is adequate in size and shape, since adequately sized units, sufficient parking and open space, and appropriate setback areas will be provided, given the pattern of existing development and existing topographic conditions. z. 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 170 Average Daily Trips (ADT) is an incremental increase that can be accommodated by the urban commercial streets, which are intended to handle considerably more ADT than current volumes reported by SANDAG. Also, the proximity of the site to many commercial businesses will result in an increased number of pedestrian trips and a reduced number of vehicular trips. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing development and topographic conditions create a unique situation suitable for multi -storied residential development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will create 17 new home ownership opportunities suitable for families in a region in need of additional housing. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 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 and the infill development of vacant commercial properties with residential projects, 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. Resolution No. 2004 — 238 December 21, 2004 Page Four BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for 17 residential condominium units in a proposed five -story building on one-half acre on the west side of "L" Avenue, approximately 100 feet north of Plaza Boulevard, is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the development of a five -story, 17 unit residential condominium building. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" and "B', Case File no. S-2004-10/CUP-2004-19, dated September 3, 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. A trash enclosure shall be provided in accordance with City standards. It shall have an exterior to match the building. 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, 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. 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. The building shall have a Fire Sprinkler System subject to review and approval of the Fire Department. Resolution No. 2004 — 238 December 21, 2004 Page Five 7. 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. 8. 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 two-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. 9. 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 six-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. 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. 11. 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. 12. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalks, 130 feet) shall be constructed. Abandoned driveway aprons (driveway, 20 feet) shall be replaced with curb, gutter and sidewalks. Resolution No. 2004 — 238 December 21, 2004 Page Six 13. 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. 14. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 15. 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. 16. 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. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. 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. 21. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 22. 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 California Title 24 energy and handicapped regulations. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. Exterior walls of buildings, freestanding signs and trash enclosures to a height of not less than six -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. 25. 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 - 238 December21, 2004 Page Seven 26. 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 return 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. 27. 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 or be extended 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. ATTEST: PASSED and ADOPTED this 21st day of December, 2004. iMickiClerk APPROVED AS TO FORM: George H. Eiser, III City Attorney