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HomeMy WebLinkAboutCC RESO 2005 - 230RESOLUTION NO. 2005 — 230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 96 RESIDENTIAL CONDOMINIUM UNITS ON A 4.5-ACRE VACANT SITE BETWEEN 6TH STREET AND 8TH STREET ON THE EAST SIDE OF ARCADIA AVENUE, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2005-5/PD-2005-3/IS-2005-1 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8th Street on the east side of Arcadia Avenue, and WHEREAS, the Planning Commission considered said application at a public hearing held on September 19, 2005, along with the proposed Negative Declaration together with any comments received, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on October 4, 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-2005-5 and PD-2005-3 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing, and along with the proposed Negative Declaration (IS-2005-1), together with any comments received; 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 has considered the proposed Negative Declaration No. IS-2005-1 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 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 the City Council of the City of National City that it hereby approves the Tentative Subdivision Map and Planned Development Permit for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8th Street on the east side of Arcadia Avenue, subject to the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment, and adopt the proposed negative declaration. Resolution No. 2005 — 230 October 18, 2005 Page 2 2. The proposed map is consistent with the National City General Plan and applicable specific plans since the proposed multi -family residential development, at a density of 21.3 units per acre, is consistent with the uses and density (22.9 units per acre) allowed in the Private Institutional (IP) Zone since the proposal adds infill development suitable for families as described in the report, and since there is no specific plan applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site, and since the development mostly follows the existing contours of the site, minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the attached two- and three-story units will buffer an established single-family neighborhood adjacent to the east from existing and future institutional development along East 8th Street, and since site improvements will provide building sites with adequate slope for driveway access to each unit. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 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 any easements located on the site will be relocated by condition of approval. 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. 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. Resolution No. 2005 — 230 October 18, 2005 Page 3 FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the rectangular shaped 4.5 acre property can accommodate development of 96 two- and three-story townhouses with two -car garages, fourteen on -site guest parking spaces, private access driveways, and common landscape areas. 3. 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 nearby local residential streets (Arcadia Avenue) and the major collector (East 8th Street) all have sufficient capacity to handle the additional 768 average daily trips without suffering a significant decrease in their operating levels of service. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent residential and commercial development, and since the project will buffer the established single-family neighborhood to the east from existing and future institutional activity on East 8th Street. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for the adjacent hospital workforce population as well as moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS Granting of the requested 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 proposed multi -family residential development (21.3 units per acre) is consistent with the uses and density (22.9 units per acre) allowed in the Private Institutional (IP) Zone, since the General Plan encourages the creation of home ownership opportunities and the infill development suitable for families as described in the attached report, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for 96 residential condominium units on a 4.5-acre vacant site between 6th Street and 8th Street on the east side of Arcadia Avenue is hereby approved subject to the following conditions: 23. This Tentative Map and Planned Development Permit authorize the development of 96 townhouse -style condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" of Case File No. S-2005-5/PD-2005-3, dated July 19, 2005. Resolution No. 2005 — 230 October 18, 2005 Page 4 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. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property, Private Institutional (IP), is amended to allow multi -family housing. 26. 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, buildings, and open spaces, 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. 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. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 29. Roof ceiling construction will be roofing on plywood. Batt insulation will be installed in joist spaces. The ceilings will be minimum one layer of 1/2 inch gypboard nailed direct. 30. All exterior walls will be 2 by 4 studs with batt insulation in the stud spaces. Exteriors will be plaster or stucco. The interiors will be minimum 1/2 inch gypboard nailed direct. 31. All southeast facing windows and glass doors should be glazed with STC 29 glazing. The glazing supplier should be required to submit test reports documenting the STC ratings. The test report should be done in an independent, accredited testing laboratory in accordance with ASTM E-90. 32. All entry doors should have weather stripping seals on the sides and top. 33. There should be no mail slots in the entry doors. Resolution No. 2005 — 230 October 18, 2005 Page 5 34. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 35. If individual trash service cannot be safely accommodated by the provider on site, trash enclosures shall be provided in accordance with City standards. They shall have a stucco exterior to match the buildings. 36. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than six feet (6') 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. 37. 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 Departments requirements. 38. 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 Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 39. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 40. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Private, offsite improvements in drainage traversing through the property located at 3005 7th Avenue shall be completed, with permission of the owner for entry. 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. The post -construction 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 and drainage plan are available at the Engineering Department. Resolution No. 2005 — 230 October 18, 2005 Page 6 41. 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. 42. 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 8 inch in size with a manhole. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 43. 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. 44. 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. 45. A 10-foot wide sewer easement shall be granted to the City. The easement shall be for all existing sewer mains within the project site and shall be shown on the final map. 46. Street improvements shall be in accordance with City Standards. All missing street improvements (pavement 7200 S.F.; sidewalks 600'; and 450' of curbs) shall be constructed. Abandoned driveway aprons (90' of driveways) shall be replaced with curb, gutter and sidewalks. 47. The deteriorated portions of the existing street improvements (25' of sidewalk on 8th Street) along the property frontages shall be removed and replaced. 48. The curb returns at the corner of 8th Street and Arcadia Avenue shall be 25 foot radius return, complete with new pedestrian ramps and sidewalk. 49. 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. 50. A separate street improvement plan will be required for the new street located on Arcadia between 7th and 8th Streets. The new street shall be 24' wide with a 6' curb and sidewalk width. The plan shall call out any required right-of-way dedication due to the widening, and shall show the relocation of all existing improvements, such as fire hydrant, utility boxes, poles, etc. in conflict with the work. Resolution No. 2005 — 230 October 18, 2005 Page 7 51. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 52. A "No Parking," red cub zone shall be provided along the property frontage at the following location: Arcadia Avenue between 7th and 8th Street (on both sides of street). 53. Appropriate intersection control at the Arcadia Avenue/East 7th Street intersection shall be provided upon the opening of Arcadia Avenue between 7th Street and 8th Street. 54. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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 according to actual worked hours and consultant services. 55. Automatic fire sprinkler systems will be required if the project is designed as R-1 occupancy. 56. Before obtaining final map approval, 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. 57. Prior to the approval of the final map, 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. 58. Prior to the final map approval, the proposed street vacations at 7th and Pleasant Lane shall be approved by the City Council. 59. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 60. All new property line survey monuments shall be set on private property, unless otherwise approved. 61. 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. 62. 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. 63. The final map shall be recorded prior to issuance of any building permit. Resolution No. 2005 — 230 October 18, 2005 Page 8 64. Before this Subdivision and Planned Development 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 Subdivision/ Planned Development 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 Subdivision/Planned Development 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 Attorney and signed by the Planning Director prior to recordation. 65. 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 Planned Development Permit shall expire concurrently with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 18'h day of October, 2005. ATTEST: yd. R. Dall City ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney