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HomeMy WebLinkAboutCC RESO 2005 - 113RESOLUTION 2005 — 113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR THE DEVELOPMENT OF THE PACIFIC VIEW ESTATES PROJECT APPLICANT: NATIONAL HOUSING FUND, INC. CASE FILE NUMBERS: S-2004-16, PD-2004-5 WHEREAS, an application was filed by the National Housing Fund, Inc. requesting the approval of a Tentative Subdivision Map (Case File No. S-2004-16) and a Planned Development Permit (Case File No. PD-2004-5) for development of forty-nine (49) single family residential units on the properties located at 1125, 1251 and 1311 East Division Street, known as the Pacific View Estates, on property generally described as: A portion of Lot 70 of Horton's Purchase Rancho Mission of San Diego, in the City of National City, County of San Diego, State of California, according to Map thereof No. 283, filed in the Office of the County Recorder of said County March 9, 1878. WHEREAS, on April 4, 2005, the Planning Commission conducted a duly advertised public hearing to consider said applications, and at which time, after considering oral and documentary evidence, the Planning Commission recommended that the City Council approve the proposed Pacific View Estates Project; and WHEREAS, on June 7, 2005, the City Council conducted a duly advertised public hearing to consider said applications, at which time, the City Council considered oral and documentary evidence; and WHEREAS, at said publichearing the City Council considered the staff report contained in Case File No. S-2004-16 and PD-2004-5 which is maintained by the City and incorporated herein by reference; along with other oral and documentary evidence; and WHEREAS, a Mitigated Negative Declaration has been prepared, pursuant to the requirements of the California Environmental Quality Act, to evaluate the potential environmental impacts that could occur with the approval and development of the proposed Pacific View Estates project; and WHEREAS, this action is taken pursuant to all applicable procedures required by State Law and City Law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. Resolution No. 2005 —113 June 7, 2005 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence introduced in the staff report and public hearing for said Tentative Subdivision Map support the following findings: 1. Find that the project will not have a significant effect on the environment and adopt the proposed Mitigated Negative Declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will create 49 new homeownership opportunities suitable for families, and since the approval is conditional upon an amendment to the General Plan. 3. The site is physically suitable for the proposed type of development, since the proposed detached single-family dwellings are similar to the predominant type of residential development in the area. 4. The site is physically suitable for the proposed density of development the proposed houses are large enough for families, adequate yard areas, parking and open space areas will be provided. 5. 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. 6. 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. 7 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. 8. 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 No. 2005 —113 June 7, 2005 Page 3 9. 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. 10. 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 testimony and evidence introduced in the staff report and public hearing for said Planned Development Permit support the following findings: 1. That the site for the proposed use is adequate in size and shape due to the fact that: the proposed development of forty-nine (49) single-family detached homes on a site containing approximately 4.43 acres will be comprised residential lots ranging in size from 2,093 square feet to 5,967 square feet, with an average lot size of 2,696 square feet; three (3) floor plans will be utilized in which Floor Plan No. 1 will be utilized for eight (8) of the homes and provide 4 bedrooms and 2-1/2 baths and contain 1,539 square feet, Floor Plan No. 2 will be utilized for twenty-seven (27) of the homes and provide 3 bedrooms and 2-1/2 baths and contain 1,500 square feet, and Floor Plan No. 3 will be utilized for fourteen (14) of the homes and provide 5 bedrooms and 2-1/2 baths and contain 1,898 square feet; all of the homes will have a two -car garage; there will be fourteen (14) guest parking spaces provided; ingress and egress for twenty (20) of the homes will be from Division Street, and the remaining twenty-nine (29) will have vehicular access from Fig Court; and, retaining walls will be constructed throughout the site, due to the differences in on -site grade elevations, in order to provide the necessary building pads and to protect the manufactured slopes. 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 due to the fact that adjacent and surrounding streets have sufficient capacity to absorb the increased traffic as evaluated by the Mitigated Negative Declaration prepared for the proposed project. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties due to the fact that the proposed residential development will enhance and compliment the appearance of the surrounding residential neighborhoods. Resolution No. 2005 —113 June 7, 2005 Page 4 4. That the proposed use is deemed essential and desirable to the public convenience and welfare due to the fact that the proposed residential development will create additional home ownership opportunities for residents of the community. BE IT FURTHER RESOLVED that the testimony and evidence introduced in the staff report and public hearing for said Tentative Subdivision Map and Planned Development Permit support the following findings in granting the requested exceptions: 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements due to the fact that the configuration and topography of the subject site makes it impracticable to divide and develop the site consistent with the existing residential subdivision/development pattern of the surrounding area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity due to the fact that the proposed residential subdivision is compatible with the surrounding residential properties and maintains the single family residential character of the surrounding neighborhoods. 3. The granting of the exceptions is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City due to the fact that the City's General Plan encourages the creation of home ownership opportunities and the proposed residential development is compatible with the surrounding residential neighborhoods, and consistent with the intent of Title 17. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the City Council hereby approves said tentative subdivision map and planned development permit for the development of forty-nine (49) single family units on the properties located at 1125, 1251 and 1311 East Division Street known as the Pacific View Estates, subject to the following conditions: 23. This Tentative Subdivision Map authorizes forty-nine (49) detached single-family dwellings on a 4.43 acre site located at 1125, 1251 and 1311 East Division Street (APN: 551-590-15, 16 and 17). Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", "B" and "C", Case File No. S-2004-16, dated December 15, 2004, respectively. Resolution No. 2005 —113 June 7, 2005 Page 5 24. 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. 25. Approval of the Tentative Subdivision Map shall not be effective until the necessary amendments to the General Plan and Land Use Code are effective. 26. 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, 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 Attomey. 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. 27. 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. 28. 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 the Engineering Department's requirements. 29. 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. Resolution No. 2005 —113 June 7, 2005 Page 6 30. 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 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 Engineering Department's requirements. 31. 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. 32. 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. 33. 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. Resolution No. 2005 —113 June 7, 2005 Page 7 34. 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. 35. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 36. 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. 37. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 38. 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. 39. Separate water and sewer laterals shall be provided to each lot/parcel. 40. 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. 41. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 42. The final map shall be recorded prior to issuance of any building permit. 43. 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. 44. Minimum fire access roadway shall be 20 feet unobstructed width with 13 feet 6 inch vertical clearance; corner radius shall be 28 feet. 45. 20 foot wide roadways shall be posted as "No Parking Fire Lane" on both sides of the street. Resolution No. 2005 —113 June 7, 2005 Page 8 46. 28 foot wide roadways shall be posted as "No Parking Fire Lane" on one side of the street. 47. From the east, on Division Street, to a left into the project, 20 foot turning radii are noted, in which all turning radii are required to be 24 feet. Regarding the same entrance, the first right -turn leading to a hammerhead shall be required to be a 75 foot hammerhead or a cul-de-sac with a minimum 40 foot radii. 48. All work to be performed shall be compliant with Califomia Fire Code 2001 Edition and the most current NFPA standards. 49. 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. 50. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 51. 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. 52. 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 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. 53. Approval of the Tentative Subdivision 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 Municipal Code Section 17.04.070. -- Signatuare Page to Follow -- Resolution No. 2005 —113 June 7, 2005 Page 9 PASSED and ADOPTED this 7th day of June, 2005. ATTEST: f@� Mi Dalla , ity Clerk APPROVED AS TO FORM: Ac George H. Eiser, III City Attorney iilt Ni k Inzu za, Mayor