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HomeMy WebLinkAboutCC RESO 2004 - 239RESOLUTION NO. 2004 — 239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR EIGHT LOTS TO BE DEVELOPED WITH SINGLE-FAMILY HOUSES ON A 28,900 SQUARE FOOT SITE, ON THE WEST SIDE OF "T" AVENUE, SOUTH OF 4TH STREET AND A VARIANCE FOR WALLS/FENCES IN EXCESS OF THE MAXIMUM HEIGHT ALLOWED APPLICANT: BALDOCK HOLDING, INC. CASE FILE NO. S-2004-8/Z-2004-6 WHEREAS, application was made for approval of a tentative subdivision map for eight lots to be developed with single-family houses on a 28,900 square foot site, on the west side of "T" Avenue, south of 4th Street and a variance for walls/fences in excess of the maximum height allowed, on property generally described as: Parcel 1, 2, 3, and 4 per Parcel Map. No. 7588 and as amended by R. of S. 12289 in the City of National City, County of San Diego, State of California and L.L. A. No. 89-1 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-2004-8 and Z-2004-6 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 a tentative subdivision map for eight lots to be developed with single-family houses on a 28,900 square foot site, on the west side of "T" Avenue, south of 4th Street, and a variance for walls/fences in excess of the maximum height allowed, based on the findings: Resolution No. 2004 — 239 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 Two -Family Zone provides for higher density (17.4 units/acre) development and smaller yard areas than typical single-family development. Also, the project will provide eight new homeownership opportunities suitable for larger families, and since there is no applicable specific plan. The site is physically suitable for the proposed type of development, since the proposed detached houses are consistent with the existing development in the area. 3. The site is physically suitable for the proposed density of development, since sizable units suitable for larger families, with oversized two -car garages and reasonable yard areas will be provided. Also, the proposed density of 12 units per acre is consistent with the 17.4 units per acre allowed in the zone. 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 vacant 28,900 square -foot site is devoid of vegetation with the exception of weeds, and since there are no bodies of water on the property. 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 — 239 December 21, 2004 Page Three 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. RECOMMENDED FINDINGS FOR APPROVAL OF THE VARIANCE FOR WALLS/FENCES 1. That because of special circumstances applicable to the property, including shape, topography, location or surroundings, 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 the irregular shape of the site coupled with the on -site slopes make it difficult to develop the property and erect functional privacy/security fencing without exceeding the maximum heights allowed. 2. That the requested variance is 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 fences/walls that will exceed maximum height allowed will primarily be located in the side yard areas. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since accessory privacy and safety fences/walls are allowed on residentially developed properties. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND LESS THAN REQUIRED STREET FRONTAGE 1. The property to be divided is of such shape and 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 depth (31 to 133 feet) and the sloping nature of the site makes it impracticable to divide it consistent with the existing development pattern of the project area. 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, since the same type of development (single-family homes) is proposed and since suitable off-street parking and reasonable setback areas will be provided. Resolution No. 2004 — 239 December 21, 2004 Page Four 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 for 8 lots to be developed with single-family houses on a 28,900 square -foot site, on the west side of "T" Avenue, south of 4th Street, and a variance for walls/fences in excess of the maximum height allowed, is hereby approved subject to the following conditions: 1. This Tentative Map authorizes the division of a 28,900 square -foot site on the west side of T Avenue south of 4th Street into eight lots, each to be developed with a single-family house. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A-2nd Revision, B-Revised and C, Case File no. S-2004-8/Z-2004-6, dated October 15, 2004, October 5, 2004 and October 19, 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 proposed noise walls noted on Exhibit "A-2nd Revision" are not part of the project, and are not to be constructed. 4. 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. 5. 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 Pollutant Discharge Resolution No. 2004 — 239 December 21, 2004 Page Five Elimination System (NPDES) regulations. 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. 6. Separate street and sewer plans prepared by a registered civil engineer, shall be submitted showing all of the existing and proposed improvements (including relocating existing utilities). The plans shall be in accordance with City requirements. 7. Street improvements shall be in accordance with City Standards. All missing street improvements (430 feet of sidewalks and curbs, 12,750 square feet of Asphalt Concrete over Base Material) shall be constructed. 8. 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. 9. 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. Letters of Permission shall be obtained from the affected residents before the permits are issued because the street profile will be lowered three feet on the average. 10. 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 Asphalt Concrete over four -inch Class II Aggregate Base. The street pavement sections shall be in accordance with the National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 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. The deposit is subject to adjustment according to actual worked hours. Resolution No. 2004 — 239 December 21, 2004 Page Six 12. 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. 13. 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. 14. 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. 15. Separate water and sewer laterals shall be provided to each lot/parcel. 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. The creation of an easement for ingress and egress to and from lots 6 and 7 across lots 5 and 8 from "T" Avenue will be required. The easement shall be created on the final map. 18. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 19. The final map shall be recorded prior to issuance of any building permit. 20. All new property line survey monuments shall be set on private property, unless otherwise approved. 21. 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. 22. The houses on lots 6 and 7 shall each have a fire sprinkler system subject to the review and approval of the Fire Department. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Resolution No. 2004 — 239 December 21, 2004 Page Seven 24. 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. 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. 26. Before this Tentative Subdivision Map/Zone Variance 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/Zone Variance. 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/Zone Variance 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. Approval of the Variance expires concurrent with the Tentative Subdivision Map. 28. Provide soundwalls of a material impervious to noise ranging in height from six to eleven feet along the west property line prior to occupancy of any of the houses. The soundwall shall be consistent with all of the recommendations contained in the Preliminary Noise Study, prepared for the project by Alliance Acoustical Consultants, Inc. 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. --- Signature Page to Follow --- Resolution No. 2004 — 239 December 21, 2004 Page Eight PASSED and ADOPTED this 21st day of December, 2004. ATTEST: iA Q�Micl Dalla, City Clerk APPROVED AS TO FORM: /0 a.... George H. Eiser, III City Attorney