HomeMy WebLinkAboutCC RESO 2005 - 76RESOLUTION NO. 2005 — 76
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING A
TENTATIVE SUBDIVISION MAP AND
CONDITIONAL USE PERMIT
FOR SEVEN CONDOMINIUM UNITS ON THE
SOUTH SIDE OF 16TH STREET, APPROXIMATELY
200 FEET WEST OF RACHAEL AVENUE
APPLICANT: AUGIE BARENO, ABCO CONSULTANTS
CASE FILE NO. S-2004-11, CUP-2004-21
WHEREAS, application was made for approval of a tentative subdivision map for
seven condominium units on the south side of 16th Street, approximately 200 feet west
of Rachael Avenue on property generally described as:
Lot 222 of Lincoln Acres in the City of National City, County of San Diego,
State of California, according to Map thereof No. 1748, filed in the Office
of the County Recorder of San Diego County
WHEREAS, the Planning Commission of the City of National City,
California, considered said application at public hearings held on February 7, and
continued to the meeting of March 7, 2005, 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 April 5, 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-2004-11 and CUP-2004-21 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 by the City Council of the City of
National City, California, that it hereby approves the tentative subdivision map and
conditional use permit for seven condominium units on the south side of 16th Street,
approximately 200 feet west of Rachael Avenue, based on the following findings:
Resolution 2005 — 76
April 19, 2005
Page 2
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 seven new homeownership opportunities will be created on an
underutilized commercial property. Additionally, the portion of the proposed project
within the CL zone has a density of 17.8 units/acre, which is consistent with the
residential use and density of 22.9 units/acre allowed in the Limited Commercial
zone; and the remaining portion of the proposed project within the RS-3-PD zone
has a density of 13.4 units/acre, which is consistent with surrounding uses and
densities in the same zone. Finally, there are no applicable specific plans for this
area.
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 there will be adequate screening and
separation between the proposed residential and neighboring 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 two-story units will be located on the property with sufficient setbacks, and
off-street parking, and open space provided, and the higher density is compatible
with nearby commercial and 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
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.
Resolution 2005 — 76
April 19, 2005
Page 3
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
1. That the site for the proposed use is adequate in size and shape, since the 19,503
square foot property can accommodate development of seven residential units,
with two -car garages, 3 off-street guest parking spaces, and private patio/yard
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 16th Street, a collector street with a capacity of 10,000 average
daily trips (ADT) and a volume of 8,000 ADT, and other nearby local residential
streets have sufficient capacity to absorb the negligible increase of approximately
47 ADT.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed development will enhance the appearance of the
mixed commercial and residential intersection.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the project will create additional homeownership opportunities
suitable for families on an underutilized commercial lot.
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 2005 — 76
April 19, 2005
Page 4
BE IT FURTHER RESOLVED that based on the findings hereinbefore
stated, said tentative subdivision map and conditional use permit for seven
condominium units on the south side of 16th Street, approximately 200 feet west of
Rachael Avenue, is hereby approved subject to the following conditions:
1. This Tentative Map and Conditional Use Permit authorize a one -lot subdivision with
7 condominium units on the proposed 0.44-acre lot. Except as required by
conditions of approval, all plans submitted for permits associated with the project
shall conform with Exhibits A-2"d revision, B, and C, Case File no. S-2004-11/CUP-
2004-21, dated 2/21/05 and 1/20/05.
2. The Conditional Use Permit and Tentative Subdivision Map shall not be effective,
and grading and/or building permits shall not be issued until the zone designation
affecting the property is changed to Limited Commercial (CL).
3. 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.
4. The proposed trash enclosure to serve the units shall be provided in accordance
with city standards. It shall have a stucco exterior to match the buildings.
5. 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. The CC&R's shall contain a provision limiting the use
of the garages in the project to the parking of motor vehicles only. 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
mutually available features of the development. Such entity shall operate under
recorded conditions, covenants, and restrictions approved by the City Attorney as
Resolution 2005 — 76
April 19, 2005
Page 5
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 screen wall/fence, consistent with City Design Guidelines, shall be constructed
along the property line separating the commercial use to the east from the
proposed residential development.
8. Plans shall be adjusted to include a second window in the master bedroom of the
three interior units (#2, #3, and #6) with exterior architectural features consistent
with the remaining units.
9. A residential fire sprinkler system is required to serve the proposed seven
residential units, subject to review, approval and/or modification by the Fire
Department.
10. If gated, a rapid entry system for Police Department access shall be provided in
compliance with Municipal Code Chapter 10.47.
11. Plans must comply with the 2001 editions of the Califomia Building Code, the
California Mechanical Code, the Califomia Plumbing Code, the California Electrical
Code, and California Title 24 energy and handicapped regulations.
12. A grading and drainage plan shall be submitted showing all of the proposed and
existing on -site and off -site improvements. Any grading work on the adjacent
properties will require a letter of permission, slope easement, etc. from the
property owners. 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.
13. 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.
Resolution 2005 — 76
April 19, 2005
Page 6
14. 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
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.
15. A sewer permit will be required. The method of sewage collection and disposal
shall be shown on the grading 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.
16. Street right-of-way shall be dedicated to the City on 17th Street (66' X 20') and
will be shown on the final map.
17. 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.
18. 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.
19. Street improvements shall be in accordance with City Standards. A Covenant
Running with the Land (standard form available at the City Engineer's Office)
shall be signed by the owner for all missing street improvements (66 feet of curb
and gutter, 66 feet of sidewalk, and 66 feet x 20 feet of street) on 17th Street.
The improvements shall be assured by the Covenant Running with the Land in a
manner subject to the review and approval of the City Engineer and City
Attorney. The covenanted work shall be performed when the City of National
City determines to install the street improvements along 17th Street.
20. 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.
Resolution 2005 — 76
April 19, 2005
Page 7
21. 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.
22. 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.
23. 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.
24. All utility distribution facilities within the boundaries of the subdivision, and within
the half street abutting the new subdivision, shall be placed underground.
25. The final map shall be recorded prior to issuance of any building permit.
26. All new property line survey monuments shall be set on private property, unless
otherwise approved.
27. 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.
28. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
29. 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.
30. The owner shall coordinate with Sweetwater Authority (submit a site plan showing
actual facilities, street improvement plan, irrigation plan, fire flow requirements and
fire service plans, and a plumbing plan with a fixture -unit count) before an estimate
for water facilities can be prepared. The owner shall enter into an agreement with
the Authority for any water facility improvements required for the proposed
project.
Resolution 2005 — 76
April 19, 2005
Page 8
31. 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 Attomey and signed by the Planning
Director prior to recordation.
32. 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
concurrent with the Tentative Map.
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 19th day of April, 2005.
ATTEST: APPROVED AS TO FORM:
4
Mic ael Della,, ity Clerk
George H. Eiser, III
City Attorney