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HomeMy WebLinkAboutCC RESO 2005 - 20RESOLUTION NO. 2005 — 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR A 4.2 ACRE PROPERTY ON THE EAST SIDE OF CYPRESS STREET FOR 39 SINGLE-FAMILY CONDOMINIUMS APPLICANT: CYPRESS GLEN LLC CASE FILE NO. S-2004-13 WHEREAS, application was made for approval of a tentative subdivision map for a 4.2 acre property on the east side of Cypress Street for 39 single-family condominiums on property generally described as: Portion of Quarter Section 106 of Rancho De La Nacion in the County of San Diego, State of California, according to Map thereof No. 166, made by Morrill filed in the Office of the County Recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City considered said application and proposed Negative Declaration No. IS-2004-10 at a duly advertised public hearing held on January 10, 2005, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application and proposed Negative Declaration No. IS-2004-10 at a public hearing held on February 1, 2005, 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-2004-13 and IS-2004-10 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 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 the tentative subdivision map to divide a 4.2 acre property on the east side of Cypress Street for 39 single-family condominiums based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will create 39 new homeownership opportunities suitable for families, and since the approval is conditional upon an amendment to the General Plan that will allow three or more detached single-family condominiums on a lot as part of a subdivision. Resolution No. 2005 — 20 February 1, 2005 Page Two 2. The site is physically suitable for the proposed type of development, since the proposed detached single-family condominiums are very similar to the predominant type of residential development in the area. 3. The site is physically suitable for the proposed density of development, since as shown in the site and floor plans in Exhibits "A -revised" and "B" (S-2004-13) the proposed houses are large enough for families, adequate yard areas, parking and open space areas will be provided. 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 site is currently developed with several houses and is disturbed, and since there are no bodies of water on -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. 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. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-2004-10 together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that Resolution No. 2005 — 20 February 1, 2005 Page Three the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for a 4.2 acre property on the east side of Cypress Street for 39 single-family condominiums is hereby approved subject to the following conditions: 1. This Tentative Map authorizes 39 detached single-family condominiums on a 4.2 acre property one the east side of Cypress Street north of Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A -revised", "B" and "C", Case File No. S-2004-13, dated November 22, 2004, and October 7, 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. 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. Approval of the Tentative Subdivision Map shall not be effective until the necessary amendments to the General Plan and Land Use Code are effective nor until the project site is annexed to National City. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, open spaces, utilities and recreational areas, 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. 6. 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 Resolution No. 2005 — 20 February 1, 2005 Page Four 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. 7. 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 Engineering Department's requirements. 8. All surface run-off, including landscaping irrigation within the public right-of-way, 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. 9. A soils engineering report shall be submitted for the Engineering 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 A.C. over 4-inch Class 1I 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 Engineering Department requirements. 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 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 Engineering Department. Resolution No. 2005 — 20 February 1, 2005 Page Five 11. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharge 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 Engineering Department prior to any work beginning on the project. 12. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 13. 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. 14. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 15. 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. 16. 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. 17. 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. 18. Separate water and sewer laterals shall be provided to each lot/parcel. 19. 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. Resolution No. 2005 — 20 February 1, 2005 Page Six 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 21. The final map shall be recorded prior to issuance of any building permit. 22. Fire hydrants will be required with the development, subject to review and approval of the Fire Department. Separation between hydrants shall not exceed 300 feet. 23. Minimum fire access roadway shall be 20 feet unobstructed width with 13 feet 6 inch vertical clearance; corner radius shall be 28 feet. 24. 20 foot wide roadways shall be posted as "No Parking Fire Lane" on both sides of the street. 25. 28 foot wide roadways shall be posted as "No Parking Fire Lane" on one side of the street. 26. All work to be performed shall be compliant with Califomia Fire Code 2001 Edition and the most current NFPA standards. 27. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 28. 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 California Title 24 energy and handicapped regulations. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. 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. 31. 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. 32. Before this 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 Tentative Subdivision Map. The applicant shall also submit evidence to the Resolution No. 2005 — 20 February 1, 2005 Page Seven 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 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. 33. Approval of the tentative map expires two (2) years after the effective date of approval as specified by condition number 4 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and 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 15t day of February, 2005. is rizuna, Mayor ATTEST: qiJ17La h el Della, Ci Cle rk erk APPROVED AS TO FORM: George H. Eiser, III City Attorney