HomeMy WebLinkAboutCC RESO 2005 - 116RESOLUTION NO. 2005 —116
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP AND
PLANNED UNIT DEVELOPMENT FOR 21 SINGLE-FAMILY
RESIDENTIAL PARCELS ON A 6-ACRE VACANT SITE SOUTHWEST
OF THE SOUTHERLY TERMINUS OF RACHAEL AVENUE
APPLICANT: PACIFIC SCENE HOMES
CASE FILE NO. S-2004-12, PUD-2004-01, IS-2004-29
WHEREAS, application was made for approval of a tentative subdivision
map and planned unit development for 21 single-family residential parcels on a 6-acre
vacant site southwest of the southerly terminus of Rachael Avenue on property
generally described as:
The portion of Tract 600 of Lincoln Acres Annex No. 3, Map 17544,
and Parcel 2 of Parcel Map No. 6476, all in the City of National City,
County of San Diego, State of California
WHEREAS, the Planning Commission of the City of National City
considered said application at public hearings held on April 4, 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 May 3, 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-2004-12 and PUD-2004-01 which is maintained by
the City, and incorporated herein by reference; along with other oral and documentary
evidence 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 and planned unit
development for 21 single-family residential parcels on a 6-acre vacant site southwest
of the southerly terminus of Rachael Avenue, subject to the following findings:
Resolution No. 2005 —116
June 7, 2005
Page 2
TENTATIVE SUBDIVISION MAP FINDINGS
1. The proposed map will not have a significant effect on the environment with the
incorporation of the proposed Mitigation Measures as conditions of approval and
adopt the proposed Mitigated Negative Declaration.
2. The proposed map is consistent with the National City General Plan, including
Specific Plans since the General Plan/Zone designation for the project site is
Single -Family Extendable -Planned Unit Development (RS-3-PUD) which provides
for the creation of home ownership opportunities, high quality design, development
of homes for larger families, infill of vacant property with residential development
and preservation of open space. There are no Specific Plans that are applicable to
the project site.
3. The site is physically suitable for the proposed type of development, since the
Preliminary Geotechnical Investigation prepared for the project does not identify
any geologic hazards that make the site unsuitable for two-story residential
development.
4. The site is physically suitable for the proposed density of development, since the
proposed 21 units (3.5 units per acre) is less than the 8.7 units per acre as allowed
in the RS-3-PUD zone.
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 disturbed non-native grassland and coastal sage
scrub habitat on -site will be mitigated in an off -site mitigation bank and the
remaining quality coastal sage scrub will be retained in an open space easement
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 Govemment Code Section
66474.6.
Resolution No. 2005 —116
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.
PLANNED UNIT DEVELOPMENT FINDINGS
1. That the site for the proposed use is adequate in size and shape, since the site can
accommodate 21 good-sized residential units, with abundant open space.
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 21 new homes will generate approximately 200 average daily
trips (ADT) which can be adequately served by Rachael Avenue which is a local
residential collector street.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the traffic generated by the project can be absorbed by the
existing roads in the area, and since single-family characteristics integrated into the
project will allow it to harmonize with the existing development.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since 21 new homeownership opportunities will be created in a region
facing a growing demand for additional housing.
REQUESTED EXCEPTIONS FINDINGS
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, high quality design, development of homes for larger families, infill of vacant
property with residential development and preservation of open spaces area, 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. 2005 —116
June 7, 2005
Page 4
BE IT FURTHER RESOLVED that the Planning Commission has
considered the proposed Mitigated Negative Declaration (IS-2004-09) 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 the project will have a significant effect on the environment
and that the Mitigated Negative Declaration reflects the City's independent judgment
and analysis, and hereby approves the Mitigated 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 and planned unit development for 21 single-family
residential parcels on a 6-acre vacant site southwest of the southerly terminus of
Rachael Avenue, is hereby approved subject to the following conditions:
1. This Tentative Subdivision Map authorizes the division of 2 lots into 24 lots, with
exceptions for the creation of a private street, reduction of the required street
frontage, lot less than the minimum 5,000 square -feet, and reduced front yard
setbacks. Lots 1-21 shall be developed with single-family homes, Lot 22 shall be
developed as the private street, Lot 23 shall be developed as the common
landscape area and Lot 24 shall be developed as the open space lot to preserve
the quality coastal sage scrub habitat and natural canyon feature. Except as
required by conditions of approval, all plans submitted for permits associated with
the project shall conform with Exhibits A-2"d revision, Case File No. S 2004-12 /
PUD 2004-01, dated February 1, 2005.
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 CC&R's shall contain a clause that allows the City the right, but not the duty,
to enforce the maintenance obligations of the condominium association regarding
maintenance of landscape and the external appearance of the common areas,
and, when required to be installed, on -going maintenance of any storm water
treatment facility. The clause shall allow the City to lien the association property
and each individual parcel in the event the City elects to perform such
maintenance. The City Attorney shall approve the form of the language
contained in such clause.
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 streets, surface parking areas, and open spaces prior to
Resolution No. 2005 —116
June 7, 2005
Page 5
approval of the Final Map. 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. 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 accessibility regulations.
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 requirements.
8. 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 development
shall be implemented with the design of the grading. Best Management
Practices for the maintenance of the development, 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. The checklist for preparation of the Grading and
Drainage Plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are
available at the Engineering Department.
9. 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.
10. All surface run-off, including landscape 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 —116
June 7, 2005
Page 6
11. 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
requirements.
12. 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.
13. A permit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and any grading construction on private
property.
14. 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.
15. The driveway on Rachael Avenue shall be an alley entrance type driveway with
pedestrian ramps.
16. 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 National City Engineering
Department prior to any work beginning on the project.
17. The Final Map shall meet all of the requirements of the Subdivision Map Act, and
the City of National City Municipal Codes including certification, acknowledge-
ment, complete boundary information and monumentation.
Resolution No. 2005 —116
June 7, 2005
Page 7
18. 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.
19. Separate water and sewer laterals shall be provided to each dwelling.
20. 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.
21. All utility distribution facilities within the boundaries of the subdivision, and within
the half street abutting the new subdivision, shall be placed underground.
22. The Final Map shall be recorded prior to issuance of any Building Permit.
23. AU new property line survey monuments shall be set on private property, unless
otherwise approved.
24. 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.
25. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
26. Exterior walls of buildings/freestanding fences/retaining walls 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.
27. 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.
28. The property owner shall submit a set of water main design plans and profile for
review and approval by Sweetwater Authority Engineering Department prior to
Building Permit issuance.
29. Focused survey(s), performed by a qualified Biologist, shall be conducted prior to
the commencement of construction to determine if the species, Coastal Califomia
Gnatcatcher, occurs on the project site. If the presence of such species is found to
occur on -site, the recommendations of the Biologist shall be incorporated into the
project.
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June 7, 2005
Page 8
30. If construction is to occur between January 1st — September 30th, a survey of
nesting birds, prepared by a certified Biologist, shall be completed prior to the
commencement of construction to determine if there are bird nesting sites on the
project site or within the vicinity. If bird nesting sites have been determined by a
certified Biologist, construction can commence following the recommendations of
the Biologist, including, but not limited to, the protection of such nesting sites a
minimum distance of 300-feet.
31. The 0.75 acres of impacted non-native grasslands on -site shall be mitigated in an
off -site Wildlife agency approved mitigation bank at a ratio of 1:1.
32. The 1.75 acres of impacted, coastal sage scrub on -site shall be mitigated in an off -
site Wildlife agency approved mitigation bank at a ratio of 1.5:1.
33. The artificial fill, residual soil, and alluvial deposits shall be removed from the site
and replaced with structural fill.
34. A Mitigation Monitoring Program shall be submitted and approved by the National
City Planning Department prior to the recordation of the Final Map.
35. The residential lots shall be landscaped from the front property line to the rear wall
of the structure.
36. A climbing vine plant species shall be planted on the retaining walls to reduce the
visual bulk as depicted on Attachment 9 of the staff report prepared for the Planning
Commission hearing on April 4, 2005, and to the satisfaction of the Planning
Director.
37. The open space lot (Lot 24) shall be cleared of debris, historic fill and invasive
plants and additional native plants shall be planted to preserve the natural canyon
to the satisfaction of the Planning Director.
38. Prior to recordation of the Final Map 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. 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.
Resolution No. 2005 —116
June 7, 2005
Page 9
39. Approval of the tentative subdivision 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 Section17.04.070.
40. One additional on -site parking space (in addition to the 2 garage parking spaces)
shall be provided for any unit exceeding four bedrooms.
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 7th day of June, 2005.
ATTEST:
ael R. Dalla,/City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney