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HomeMy WebLinkAboutCC RESO 2005 - 127RESOLUTION NO.2005-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 43 DETACHED SINGLE-FAMILY HOMES (CONDOMINIUM OWNERSHIP) AT THE NORTHEAST CORNER OF EUCLID AVENUE AND DIVISION STREET APPLICANT: CONCORDIA COMMUNITIES, LLC CASE FILE NO. S-2005-02/PD-2005-01 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for 43 detached single-family homes (condominium ownership) at the northeast corner of Euclid Avenue and Division Street (APN: 552-301-02), more specifically known as future parcels 1 and 3 of LS-2005-01; WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on May 2, 2005, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said application at a public hearing held on June 7, 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-2005-02 and PD-2005-01 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 and planned development permit for 43 detached single-family homes (condominium ownership) at the northeast corner of Euclid Avenue and Division Street subject to the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map will not have a significant effect on the environment since the site is currently developed and is located within a fully urbanized area. Resolution No. 2005-127 June 21, 2005 Page 2 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 General Commercial -Planned Development (CG-PD) which provides for the creation of home ownership opportunities, allows for a mixture of land uses to provide additional housing opportunities, removes under-utilized commercial property and incorporates high quality design. 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 project will develop 43 new single-family homes in an urbanized developed area and is suitable for two-story residential development. 4. The site is physically suitable for the proposed density of development, since the proposed 43 units (15.1 units per acre) is less than the 34.8 units per acre as allowed in the CG-PD 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 project site is located in an urbanized and developed area. 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. 9. The subdivision has been considered by the City Council 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. 2005-127 June 21, 2005 Page 3 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site can accommodate 43 good-sized residential units with the necessary parking and 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 43 new homes will generate approximately 430 average daily trips (ADT) which can be adequately served by Beta Street 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 surrounding development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 43 new homeownership opportunities will be created in a region facing a growing demand for additional housing. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS Granting of the exceptions, reduced front yard setbacks and building separation and the use of private street(s), is in accordance with the intent and purposes of Title 18 of the Municipal Code, 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, allows for a mixture of land uses to provide additional housing opportunities, removes under-utilized commercial property and incorporates high quality design which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible and will harmonize with adjacent development is consistent with the intent of that Title. The reduced front yard setbacks and building separations are compatible with the existing single-family development in the neighborhood since the development is detached and aligned with the setbacks of abutting properties and the use of a private street creates only one curb (Beta Street) for access to the project site. Resolution No. 2005-127 June 21, 2005 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and planned development permit for 43 detached single-family homes (condominium ownership) at the northeast corner of Euclid Avenue and Division Street, is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the merging of two lots into 43 condominium ownership lots, with exceptions for the creation of private access driveways, reduced front yard setbacks and reduced building separation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B and C, Case File no. S 2005-02/PD 2005-01, dated May 25, 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&Rs 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 forth 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 approval of the Final Map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and accessibility regulations. 6. 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. Resolution No. 2005-127 June 21, 2005 Page 5 7. 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 Citys 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. 8. 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. The deteriorated portions of the existing street improvements (70-feet of sidewalk and 45-feet of driveway) along the property frontages shall be removed and replaced. The street pavement repair will require a structural section with a 3-inch AC on 8- inch base material on Beta Street. The overlay and repair will be constructed to the center of the street. Street improvements shall be in accordance with City standards The abandoned driveway aprons (150-feet of driveway) shall be replaced with curb, gutter and sidewalks. 9. 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. 10. A Soils Engineering Report shall be submitted for the Engineering Departments review. 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. Resolution No. 2005-127 June 21, 2005 Page 6 11. 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. 12. 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. 13. 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. 14. 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. 15. A Title Report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 16. The Priority Project Applicability checklist for the Standard Urban Storm Water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the`Priority Project Permanent Storm Water BMP Requirement' and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and an approved SUSMP will be required prior to the issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 17. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination Systems (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuance of a construction permit. Resolution No. 2005-127 June 21, 2005 Page 7 18. 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. 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. All 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 Bearing' 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. A residential fire sprinkler system shall be installed in the homes on Lots 20, 21, 22 and 23. 26. The emergency access gate, including appropriate signage, shall be reviewed and approved by the Fire Department prior to the issuance of Building Permits, including the need for an access easement over the adjacent private property to access the emergency gate. 27. An accessible ramp shall be installed at the proposed driveway on Beta. 28. Two additional street lights along the Division Street frontage shall be installed. 29. The 8-inch sewer line extending from Euclid Avenue shall have a clean -out located at the public right-of-way line. A 10-foot wide easement shall be obtained for the portion of the sewer line that crosses the adjacent parcel which contains the 7-11 building. All sewer lines shall terminate in access holes, not cleanouts. 30. The proposed 18' diameter storm drain system on Euclid Avenue shall be constructed of Reinforced Concrete Pipe (RCP). 31. Prior to the issuance of Building Permits, the applicant shall provide sufficient information that the SDG&E facilities are relocated or protected in place. Resolution No. 2005-127 June 21, 2005 Page 8 32. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 33. 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. 34. 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. 35. 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. 36. 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 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. --- Signature Page to Follow --- Resolution No. 2005-127 June 21, 2005 Page 9 PASSED and ADOPTED this 21 st day of June, 2005. rdR ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ick Inzunza, Mayor VleK h, 1, Ok.